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TERMS & CONDITIONS
OF ACCEPTANCE
In all following paragraphs, the terms "you" /"your" refers to you
the Customer /advertiser /vendor. "We" /"us" /"ours" refers to Bespoke
Property Services (BPS) or any other associated entity from time
to time.
The "Service" refers to
online property advertising purchased by the Customer and provided
through the media website network of both Associated
News Media Group (ANMG) and News
International (NI). BPS, nor any associated entity are related
to ANMG or NI in any way other than we use their media for promoting
our properties.
1) CONSENT
- By submitting your property details to us for publication you
are indicating:
- That you are the legal owner of the property with the sole right
to sell, or you have legal power of attorney on behalf of the
property owner.
- That you agree to us publishing these details for you.
- That the details supplied by you are TRUE and ACCURATE and not
misleading in any material way.
- That on receipt by us of your payment, advertising of your property
for sale (the service) is to commence within the advised time-scale.
2) COPYRIGHT
- In respect of any property details or photographs submitted
by you for publication, you confirm that you own full title to
such details and /or photographs and you agree to grant a copyright
license to us.
- Note that you cannot use photographs from estate agent's particulars
without their express permission - it is the customer's responsibility
to ensure they have copyright over any materials supplied to us
for publication on their behalf and you agree to indemnify us
in respect of any claims against us or expenses incurred by us
in respect of breach of copyright issues.
- Photographs, images, property descriptions and all other content
published on this website are copyright of us and may NOT be copied
from this site and reproduced in any other advertisement or marketing,
without our written consent.
- For the sake of clarity - this does not prevent customers from
using their own materials elsewhere PROVIDING that such details
are not back-sourced from this website.
3) CANCELLATION
- If you wish to cancel your payment for ANY reason, there is
no refund of the pre-payment. Please make sure you wish to use
this service and not change your mind later on. If you do later
cancel the property from our site, you will not owe us anything
further.
4) TRANSFER OF ADVERTISING
- Individual property listings are NOT transferable and may not
be used for advertising of more than one property or any property
other than the property listed for sale initially without our
explicit permission.
5) YOUR PRIVACY AND
SECURITY
- Your personal details are held back and not published only those
details you wish to be published are made available to our site
visitors (usually simply the property details). We do not pass
confidential customer information to other organisations. We do
not sell your details to mailing lists.
6) FANTASY PROPERTY
DESCRIPTIONS
- All property details supplied by owners to us must be FAIR,
HONEST and ACCURATE. It's a waste of everybody's time (including
yours) if you provide a misleading description of the property,
intentionally or otherwise, so please take some care over the
details.
- We reserve the right to edit or delete any descriptions which
we know or believe to be false or misleading or where there is
a potential for misunderstanding. We routinely check all listings
and may make amendments to improve presentation, correct spelling,
and obvious errors or to comply with the provisions of the Property
Misdescriptions Act 1991.
- The property description should only provide a factual breakdown
of the property features - it should not include 'claims' about
the property or terms of sale which are not a matter of fact or
which cannot be ascertained and verified by reasonable inspection,
or in the case of any legal aspects, confirmed by available documentation.
- The factual accuracy of the information supplied for publication,
is the responsibility of the advertiser /vendor and you agree
to indemnify us against any claims or expenses arising from misleading
or inaccurate claims made by you about the property within the
advertising published.
7) KEEP IN TOUCH
- There is NO TIME LIMIT on the period we advertise your property.
Therefore, we do ask that you keep us informed of any OFFERS and
in particular when CONTRACTS ARE EXCHANGED, or where you wish
to stop receiving responses to your advertising from interested
buyers. This enables us to keep our site up to date and avoids
wasting buyers' time.
- Whilst there is no time limit - we will remove a property after
6 months, unless you tell us not to.
- If we do remove it; you can request it re-instated if unsold,
at no additional cost within 1 month of the removal date.
8) OUR LIABILITY
TO YOU
- Although for practical purposes we provide an open-ended service
(see no time-limit above), for various legal reasons we are obliged
to restrict our financial liability.
- The pre-payment price we charge relates essentially to the set
up cost of each paid property advertisement and the initial administration
involved. Therefore, once a customer's property details have been
published on this site for a period EXCEEDING 7 DAYS, our service
is deemed to have been fully delivered.
- Arrangements to publish properties on our partner sites may
be subject to alteration or cancellation without notice according
to changes in service or costs imposed on us by those partner
sites. As such, we do not guarantee unlimited publication on partner
sites (paid or not), although where available our practice will
be to offer an unrestricted access period.
9) LIMIT OF LIABILITY
- The maximum liability for any loss arising due to our negligence
will be limited to a sum equal to the value of the sales fee received.
10) PRICING/FEES
- The prices shown on this website is what you pay. There are
no hidden costs and VAT is not included in all figures. The charge
equates to half the cost of what an estate agent would normally
charge; ie: 1.5% incl VAT or half of the normal charge, with a
minimum fee of £1,000.
- Our fee is paid at exchange of contracts.
- You may obtain two written quotes from any two Estate Agents
registered with the National
Association of Estate Agents , we will take an average and
halve the price; or you can simply accept the 1.5% incl vat above.
- Unless you send us the quotes prior to your property details
being published, you will automatically be charged 1.5% incl vat,
minimum of £1,000 + vat.
- If after the property sale the buyer was identified as being
introduced to the seller by our company (BPS or any other associated
entity) and we have not been paid our commission, the seller is
still liable for our full fee; as agreed at the time of publication.
- We reserve the right to amend or change pricing or package service
content at any time without notice.
11) PUBLICATION ON
NETWORK PARTNER SITES (Multi-List Package)
- Publication of listings on our UK partner sites normally takes
1-2 working days.
- Note that this period is provided as a guide only and may vary
and assumes the normal operation of automated processes and /or
systems currently in place. From time to time, interruptions in
service can occur for technical reasons, due to faults or for
necessary maintenance and customers are advised that whilst we
undertake to ensure the swift forwarding of information for publication
or update of listings on our partner sites, we cannot accept any
responsibility for interruptions or delay in publication at these
sites due to faults or maintenance issues affecting services beyond
our control.
- The design, search facilities and display of property information
on our partner sites is controlled and directed by those individual
sites exclusively and we have no control over the operation of
their services. No guarantee is offered that property details
placed on partner sites will appear in any particular format or
under any particular search category - that is a matter for the
individual sites and the manner in which they choose to organise
their data. We merely undertake to forward the information and
address details accurately as provided by you for publication
by the site(s) in question.
- We offer free support in respect of any errors arising in the
display of information forwarded and assistance to liaise with
partner sites over any problems or faults arising, but we do not
accept any financial or legal responsibility for the failure or
delay of partner sites to display property details as expected.
12) INTERRUPTION
IN SERVICE
- We make every reasonable effort to ensure that our website facilities
are available to internet visitors and customers at all times.
However, we do not offer any guaranteed percentage time of availability
and accept no financial liability for any interruption in service
or temporary loss of some or all website facilities at any time.
- On occasion, necessary maintenance or upgrade work requires
the site to be taken 'off-line' without notice, but we endeavour
to keep downtime to a minimum and in most cases of scheduled maintenance,
this normally involves no more than a few minutes.
- Our website is hosted in a secure protected environment with
excellent security, fire and backup measures in place and a very
high level of service is anticipated.
13) DISTANCE SELLING
REGULATIONS
- Clause 8(3) of The Consumer Protection (Distance Selling) Regulations
2000 states that the statutory cancellation (cooling-off) period
of 7 days for services purchased over the internet, does not apply
where performance of that service has already commenced with the
customer's agreement.
- Our online payment facilities are designed to activate your
public advertising ‘'as soon as possible'' and therefore, by making
a payment for advertising on this site you signify your agreement
to the advertising service commencing IMMEDIATELY and that the
standard cooling-off period does not apply as per clause 8(3)
of the Regulations. This does not affect your statutory rights.
14) REFUNDS
- No refund of our pre-payment fees will be made.
- Other circumstances may be reviewed and a refund offered at
our discretion, however, under no circumstances will our liability
exceed the value of the pre-payment fee received. This does not
affect your statutory rights as a consumer.
15) COMPLAINTS
- If you experience any problem using our service, or we make
an error in publication, let us know straight away and we will
do everything in our power to put things straight.
- Sometimes things can go wrong, so please contact us if you have
a complaint about any aspect of our service to you.
- Please quote your property details in all communications.
16) GUARANTEED SUCCESS?
(Don't be silly!)
- In this life, nothing is guaranteed. No Sales Agent will offer
you this guarantee, so no difference there then!
- We'll do our bit, but obviously we don't guarantee to sell your
home. This is a SELF-SELL advertising package so in fact, we don't
sell your home anyway - you do - using our advertising network.
We provide the tools to maximise your exposure on the UK internet.
- Ultimately, it is up to you the advertiser to make it work for
you - we can bring buyers to view your details, but the response
you get depends on your property, the price you set, buyer demand
in your area, timing, seasonal factors and the quality of content
(narrative and pictures) you provide for your advertised listing.
17) JURISDICTION
- Any dispute pertaining to the provision of our service is subject
to the laws of England & Wales .
- Other Useful Links within our web-site -
- The Sellers FAQ's are incorporated into our terms of business.
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