Terms of service

The Olde Shoe House Ltd. (TOSH)
Terms and Conditions

This Agreement comprises the entire agreement of the parties relating to the subject matter set forth herein and, as such, this Agreement may not be amended or modified except by the written agreement of The Olde Shoe House Ltd. (herein after referred to as TOSH) and the Applicant. No provisions of this Agreement may be waived except in writing. Failure to comply with these Terms and Conditions may result in cancellation of credit privileges without notice. 

1. TOSH does not agree to and rejects any terms contained in the customer's purchase order or other documents that are additional to or different from these terms. Terms that are printed on or contained in a purchase order or other form prepared by the customer additional to, in conflict with or inconsistent with these terms shall be inapplicable and shall have no force or effect. If the customer has not otherwise agreed to these terms, customer's acceptance of delivery of or full or partial payment for the footwear and footwear accessories will constitute the customer's acceptance of these terms and conditions. 

2. Terms of sale are as indicated on TOSH invoices. Agents or sales representatives of TOSH are not authorized to change or adjust credit terms without written authorization of the Manager, Credit & Collections. 

3. Check contents of shipment(s) upon receipt of merchandise. No claims may be made unless written notice is submitted (by mail or by e-mail) to The Olde Shoe House Ltd., PO Box 25056 Burlington, ON, L7M 0V8 within 5 days of receipt of merchandise. 

4. Title to and risk of loss of the footwear and footwear accessories will pass to the customer at the shipping point. TOSH will deliver merchandise to the customer FOB shipping point by the method of shipment and routing determined by TOSH, except as otherwise specifically agreed in writing between TOSH and the customer. Customer will pay TOSH for all delivery charges as established by TOSH and stated in the invoice. 

5. Customer grants TOSH a security interest in the footwear and footwear accessories and will keep the footwear and footwear accessories properly stored, insured and identifiable as subject to TOSH’s lien until full payment is made by the customer for the footwear and footwear accessories. TOSH reserves the right to enter the customer's premises to repossess footwear and footwear accessories for which payment is overdue. Notwithstanding the foregoing, the customer is entitled to sell the footwear and footwear accessories and pass good title thereto to any unaffiliated third party; provided however, that such right will automatically cease if the customer becomes insolvent or if a petition in bankruptcy or receivership (or any similar legal administrative proceeding) is filed by or against the customer, if any trustee or receiver is appointed for assets of the customer, or if the customer makes an assignment for the benefit of creditors.  

6. Discount terms for payments will apply only as specified in the invoice. Invoices not fully paid by the specified due date will are deemed overdue and unpaid balances will accrue interest at the rate of 2% per month (24% per annum). 

7. TOSH reserves the right to withhold shipments and/or suspend performance of any order or obligation to the customer until the customer's account is current. TOSH also reserves the right to withhold shipments if the customer has exceeded the credit limit established by TOSH. 

8. If at any time TOSH determines that the customer's financial condition, payment practices or credit rating does not justify a sale on credit, TOSH may require advance payment or may ship C.O.D.. The customer will reimburse TOSH for all expenses, including reasonable Attorney s fees or 3rd party collection fees, incurred in the collection of any delinquent account or enforcing its rights under these terms and conditions. 

9. Footwear and footwear accessories may not be returned without prior authorization from TOSH, PO Box 25056 Burlington, ON, L7M 0V8. (Tel) 905-637-7747, E-mail: mjack@tosh.ca 

10. Copies of misplaced proof of deliveries and/or invoices provided to applicant will be subject to $25.00 charge. 

11. Non-negotiable cheques will be levied a $50.00 charge (subject to change) and suspension of credit privileges for six months. Shipments in the interim will be on a C.O.D. basis only. Customer may apply for reinstatement of credit privileges at the end of the six months. 

12. The applicant consents to the obtaining of credit and/or personal information as may be required in connection with the credit line hereby applied for, or any renewal or extension thereof and to the disclosure of any trade information concerning the applicant to any credit reporting Agency or to any person with whom the applicant has or proposes to have financial relations. 

13. The information given in this Application and Agreement is warranted to be true, complete and correct and given for the purpose of obtaining credit. 
 
The Olde Shoe House Ltd. (TOSH)
PO Box 25056, Burlington, ON, L7M 0V8
Phone (905) 637-7747
Email mjack@tosh.ca