Terms & conditions
Your attention is particularly drawn to the provisions of clause 14 (Limitation of liability).
1. About us
1.1 Company details. Wish 2 Sell is a trading name for AJ Paull properties LTD (company number 11502157) (we and us) is a company registered in England and Wales and our registered office is at 79 Higher Bore Street, Bodmin, Cornwall, England, PL31 1JT. Our VAT number is 331745120 We are members of the Property Ombudsman scheme. Our website is http://www.wish2sell.co.uk/
1.2 Contacting us. To contact us telephone our customer service team at 01733 639 101 or e-mail firstname.lastname@example.org. How to give us formal notice of any matter under the Contract is set out in clause 18.2.
1.3 Professional indemnity insurance. We maintain professional liability insurance. Our compulsory insurer is Hiscox Insurance, and our policy number is 14716539.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
3. Distance Selling
3.1 Where you have entered into a contract to which the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (‘the Regulations’) apply, you have the right to cancel this contract if you wish to do so within fourteen working days without giving any reason within 14 days.
3.2 We cannot provide any services before the end of the cancellation period unless you have made an express request to that effect. If you require us to undertake some urgent work for you before the cancellation period expires, you are welcome to request that we do so. This request should be made in writing and sent to 19 Broadway, Yaxley, Peterborough, Cambridgeshire PE7 3EE or at email@example.com.
3.3 However, please note that if you do ask us to begin the performance of services during the cancellation period and then subsequently seek to cancel the contract, you will be liable to pay us an amount which is in proportion to what has been performed until the time that you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.
4. Placing an order and its acceptance
4.1 Placing your order. Please follow the onscreen prompts to place an order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy the services specified in the order (Services) subject to these Terms.
4.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
4.3 Acknowledging receipt of your order. After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.4.
4.4 Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
4.5 If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
5. Cancelling your order and obtaining a refund
5.1 Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party not less than 7 days written notice.
5.2 You may cancel the Contract and receive a refund, if you notify us as set out in clause 5.33 within 14 days of your receipt of the Order Confirmation. You cannot cancel the Contract once we have completed the Services, even if the 14 day period is still running.
5.3 To cancel the Contract, you must email us at firstname.lastname@example.org or contact our Customer Services team by telephone on 01733 639 101 or by post to 19 Broadway, Yaxley, Peterborough, Cambridgeshire PE7 3EE . If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
5.4 If you cancel the Contract, we will refund you in full for the price you paid for the Services, by the method you used for payment. We may deduct from any refund an amount for the supply of the Services for the period up to the time when you give notice of cancellation in accordance with clause 5.3. The amount we deduct will reflect the amount that has been supplied as a proportion of the entirety of the Contract.
5.5 In the event you cancel the Contract we will remove any adverts which have been listed on third party websites (in accordance with 6.1 below) as soon as reasonably possible. If you would like us to re-list such adverts following your cancellation of this Contract then we will at our absolute discretion be entitled to charge an additional administration fee (in the interests of transparency this fee will usually be calculated at 50% of the Charges).
6. Our services
6.1 In order to meet our obligations as set out in this agreement and the specification, at our absolute discretion, we may advertise and market your property on various third party websites and property portals (Third Party Websites). We accept no liability and make no representations, guarantees, or warranties, either express or implied, that these Websites will operate continuously, without interruptions or be fault-free. For the avoidance of doubt any failure to perform, or delay in performance of our obligations caused with as a result of a fault, error or interruption of a Third Party Website, shall be deemed an Event Outside Our Control (as defined below) and shall be dealt with in accordance with the provisions of clause 17
6.2 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
6.3 Compliance with specification. Subject to our right to amend the specification (see clause 6.44) we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects.
6.4 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such event.
6.5 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
6.6 Time for performance. We will use all reasonable endeavors to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
7. Your obligations
7.1 It is your responsibility to ensure that:
- (a) the terms of your order are complete and accurate;
- (b) you co-operate with us in all matters relating to the Services;
- (c) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
- (d) you prepare your premises for the supply of the Services;and
- (e) you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
7.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 7.1 (Your Default):
- (a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under clause 16 (Termination);
- (b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services;and
- (c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
8. Services in UK only
8.1 Unfortunately, we are unable to perform the Services at addresses outside the UK.
8.2 You may place an order for the Services from an address outside the UK, but this order must be for performance of the Services to an address in the UK.
9.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 9.
9.2 The Charges are the prices quoted on our site at the time you submit your order.
9.3 If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
9.4 We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 9.7 for what happens if we discover an error in the price of the Services you ordered.
9.5 Our Charges may change from time to time, but changes will not affect any order you have already placed.
9.6 Our Charges are inclusive of VAT unless otherwise stated. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.7 It is always possible that, despite our best efforts, some of the Services on our site may be incorrectly priced. If the correct price for the Services is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
10. How to pay
10.1 Payment for the Services is in advance. We will take your payment upon acceptance of your order.
10.2 You can pay for the Services using a debit card or credit card. We accept the following cards; Visa and Mastercard.
10.3 All amounts due under the Contract must be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
If a problem arises or you are dissatisfied with the Services, we have a comprehensive complaints policy which can be provided to you on written request.
12. Intellectual property rights
12.1 All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.
12.2 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
13. How we may use your personal information
13.1 We will use any personal information you provide to us to:
- (a) provide the Services;
- (b) process your payment for the Services; and
- (c) inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
14. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
14.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:(a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
14.2 Subject to clause 14.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- (a) loss of profits;
- (b) loss of sales or business;
- (c) loss of agreements or contracts;
- (d) loss of anticipated savings;
- (e) loss of use or corruption of software, data or information;
- (f) loss of or damage to goodwill; and
- (g) any indirect or consequential loss.
14.3 Subject to clause 14.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 25% of the total Charges paid under the Contract..
14.4 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 2 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail
14.5 This clause 14 will survive termination of the Contract
15.1 We may disclose your confidential information:
- (a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 15; and
- (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
15.2 Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.
16.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
- (a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
- (b) you fail to pay any amount due under the Contract on the due date for payment;
- (c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
- (d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
- 7(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
16.2 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
16.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
17.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
- (a) we will contact you as soon as reasonably possible to notify you; and
- (b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
17.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
18. Communications between us
18.1 When we refer to "in writing" in these Terms, this includes email.
18.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
18.3 A notice or other communication is deemed to have been received:
- (a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
- (b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
- (c) if sent by email, at 9.00 am the next working day after transmission.
18.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
18.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
19.1 Assignment and transfer.
- (a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you in writing or by posting on this webpage if this happens.
- (b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
19.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
19.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
19.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
19.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.