Terms and Conditions
Important Information for Customers
Cavendish Green provides marketing and sales support services for a period of 10 months (“Initial Marketing Period”) during which we aim to sell your property however payment of all fees will be required whether your property is sold or not.
You may select either to Pay Now or Pay Later, see House Sales for more information.
You have the right to cancel this agreement within 14 days and at any time thereafter however please note that you will be charged for all services used and Additional Fees may also be chargeable, see Right to Cancel for more information.
Please note that services start from when you agree to accept an Agent Visit and for the avoidance of doubt, once your property is listed on the Cavendish Green Website then all fees will be due and payable. We work with finance providers to spread the cost of the services over the Initial Marketing Period.
Cavendish Green works with a number of third parties to provide the services and failure to make scheduled appointments without providing reasonable notice (1 working day) may result in additional charges, see Photos and Agents Visits for more information.
A schedule of fees for the packages Cavendish Green provides and Additional Fees is included in Schedule 2: Packages and Service Fees, add-ons available from time to time will be detailed on our website.
Pursuant to the Estate Agents Act 1979 it is a requirement that you understand and accept our terms and conditions when instructing Cavendish Green as selling agents for your property. Please read the Terms and Conditions set out below. In order to avail of Cavendish Green’s services you are required to accept these Terms and Conditions. If it is necessary to change the terms and conditions or add or remove any part at any time in the future we will post such changes on our website, www.Cavendish Green.com, (the “Website”). It is your responsibility to review our Website for any changes and you agree to be bound by such changes if you should continue to use the Services.
References to “this Agreement” or “Terms and Conditions” are references to these Terms and Conditions and all Schedules.
Information about Cavendish Green Ltd
The Website is owned and managed by Cavendish Green Properties LTD, a company registered in England and Wales with the company registration number 07992301 and having its registered address at Mcgills, Oakley House, Tetbury Rd, Cirencester GL7 1US.
Terms of this agreement/these terms and conditions:
Definitions Within this agreement/these Terms and Conditions and the following words of phrases shall, unless the context otherwise requires, have the following meanings:
The person or commercial entity buying your property;
Legal completion of the sale of your Property;
When contracts of the sale of the property are legally exchanged and are legally binding;
The amounts payable to Cavendish Green for the Services as detailed in Schedule 2;
“Initial Marketing Period”
A period of 10 months, starting from the date of purchase of a Package, during which Cavendish Green provides the Services;
Where the context permits in respect of any one of the packages “Packages” are the core services provided by Cavendish Green hereunder and as further set out in House Sales below and/or our Website;
The property address for which you have instructed us to sell as stated at the end of this agreement under the term “Selling address”.
A user of the Services that has completed the registration requirements of the Website;
“Seller(s)” or “you”
Means the owner(s) of the property or the person who is legally entitled to sell the property;
Means the range of services offered by Cavendish Green including those detailed in the Packages and any add on services;
“Cavendish Green” or “We” and “Us”
Means Cavendish Green Properties Ltd a company registered in England, company registration number, 07992301;
“Cavendish Green website” or “Website”
Means www.Cavendish Green.com and
Means a day other than Saturday, Sunday, a bank holiday or a public holiday.
Legal Entitlement to Sell
By submitting your details and your Property details to Cavendish Green and instructing us to market your Property for sale, you warrant, represent and undertake to us that:
- you are the owner of the property and you have the legal right to sell your Property;
- all owners of the Property are aware of and consent and agree to the marketing of the Property for sale; and
- you have all necessary rights and authorities to instruct us to market the Property for sale.
Cavendish Green offers a number of property sales Packages as detailed in Schedule 2.
These Packages entitle you to receive Services from Cavendish Green for the Initial Marketing Period. The details of each Package with the Services they include and all additional add-on Services available are set out on the Website.
Fees may apply for optional Service “add-ons” as found on the Website (and Schedule 2).
Please note that payment for a Package is required whether your Property is sold or not and Additional Fees may also be chargeable should you cancel your Package or Pay Later Finance Agreement, see Schedule 2.
All Packages come with a Pay Now or Pay Later option.
Please read carefully before making your selection.
If you select the Pay Now option, you will be required to pay the Fees for the Package selected by you immediately upon ordering.
If your credit application is declined, the Pay Later option is no longer available to you and you must pay for the Services in advance under the Pay Now option, set out above.
If your credit application is successful, you will be notified by email and the deferred payment will fall due either (i) exactly 10 months from the date on which the order for the Package and any add-ons is made; or (ii) the date of Completion of the sale of your Property, whichever is the sooner.
In order to take advantage of Pay Later you agree that we can disclose to the Finance Provider such information as we request from you on our website when you use our Services and when any event should occur that is set out in Paragraph 4 of Schedule 1.
Cavendish Green offer conveyancing services from an expert panel of conveyancers (the “Panel”) with its Packages. If you choose to use a Panel conveyancer you will be entitled to a discount as detailed in Schedule 2, “Panel Conveyancing Discount”. If you do not choose to use a Panel conveyancer, you will not be able to avail of the Panel Conveyancing Discount.
If you select a Panel conveyancer they will contact you directly with a quote and its terms and conditions of service for providing the conveyancing services in relation to the sale of your property.
By accepting the Panel conveyancer’s Terms and Conditions, you will be entering into a separate agreement with the Panel conveyancer which is not connected to your agreement with Cavendish Green. Therefore, please make sure you review the Panel conveyancer’s Terms and Conditions carefully and that you are comfortable with these. If you have any questions about the Panel conveyancer’s Terms and Conditions, you should contact them directly via the contact details provided.
If you have availed of the Panel Conveyancing Discount under the Pay Later option and subsequently you choose not to instruct a Panel conveyancer or you cancel your instruction before Completion, you agree to pay Teplio a Panel Cancellation Fee of £360.
The Panel Cancellation Fee will become due and payable immediately upon Cavendish Green’s receipt of notice from the Panel conveyancer or the Seller that either
- you have not instructed them within 14 days of your formal acceptance of an offer for the sale of the Property
- you have cancelled your agreement with them prior to Completion,
- you inform Cavendish Green that you wish to use a conveyancer that is not on the Cavendish Green Panel
Payment of the Panel Cancellation Fee can be made using a credit or debit card. Payments are processed by Cavendish Green’s nominated partner that may change from time to time.
For the avoidance of doubt, no Panel Cancellation Fee will be charged to you in the event that the Panel conveyancer does not, for any reason whatsoever, accept your instruction.
General House Sale Terms
After the Initial Marketing Period expires (or when Exchange or Completion has occurred on your Property), your Property will be taken off all portals. If you wish to extend the Initial Marketing Period, you can do so by purchasing an extension with us, see Schedule 2.
If within the Initial Marketing Period you sell your Property by other means, Cavendish Green have the right to ask for proof of same.
All Fees are listed in Schedule 2 of these terms and conditions, the fees listed are the correct price at the time, changes to the prices can take place at any time and you are not entitled to any refund if the Package you purchased is reduced at a later stage. All Fees are inclusive of VAT.
Fees in Schedule 2 are for listing one Property. If you wish to list multiple properties, you will have to pay the relevant Package fee for each property you list.
All add-on Services as listed on the Website (and/or Schedule 2) are listed at the correct price at the time, changes to the prices can take place at any time and you are not entitled to any refund if the add-ons you purchased are reduced at a later stage. All add-on Service fees are inclusive of VAT.
If your Property is being advertised by another agent, it is your responsibility to ensure you are allowed to advertise with us at the same time and that you are not in breach of any terms agreed with any other agent(s). We accept no liability for any breach arising from your agreement with another estate agent. If you advertise with us in breach of the terms of contract with your other estate agent(s) then we can remove your listing with us by giving us a least 24 hours’ notice. However, you will not receive any refund and if you have selected the Pay Later option, you are still obliged to pay in full for the selected Package. While you are advertising with more than one agent, you will be subject to our Fees.
General House Sales Terms
Cavendish Green accepts payment via all major credit cards and debit cards Payment. All credit card and debit card information is collected securely and processed Cavendish Green’s nominated partner that may change from time to time.
Refunds may only be given at the discretion of Cavendish Green. Where a refund is agreed it will take into account all the costs already incurred by Cavendish Green with regard to your Packages and any add-ons, all internal and external costs incurred including but not limited to; floor plans, EPCs, and administration costs, see Schedule 2, Additional Fees.
Following the commencement of the Services, Cavendish Green may terminate our agreement with you at any time by writing to you if you do not, within a reasonable time of Cavendish Green asking for it, provide us with information that it necessary in order for us to provide the Services (including but not limited to information requested to verify your identity and your ownership of the Property (where applicable to an instruction). If Cavendish Green is forced to terminate the agreement as a result of your breaking our agreement in this manner you may be liable for Additional Fees, see Schedule 1.
Your listing is with Cavendish Green and our portal partners as listed on the Website (which can change without notice). We confirm that at the point of instruction we are a Member of the PRS scheme, and subscribe to its Code of Practice. Please ask us for a copy of the PRS’s Code of Practice if you require one.
IMPORTANT - You are required to disclose any information of which you are aware in relation to the property in a clear, and timely fashion. You must take all reasonable steps to ensure that all information and statements about the Property that you disclose to Cavendish Green and to potential buyers or their representatives whether oral, pictorial or written, are accurate and are not misleading with all material facts included. Furthermore, any answers to questions about the property must be truthful, materially complete and not misleading.
Cavendish Green will use reasonable commercial endeavours to ensure that your property is listed on the Website during the Initial Marketing Period subject to you selling your Property sooner or you terminating the service. The Website may be subject to technology or server related interruptions from time to time therefore Cavendish Green gives no warranties or guarantees that the Website will operate error free at all times.
Cavendish Green will use reasonable commercial efforts to upload all property details on to our property portal networks at all times. However part of your listing may not entirely feed to our portal partners, it is your responsibility to check your listing and inform us of anything not appearing as instructed by you or any missing elements.
Cavendish Green will place your listing on third party website portals. By agreeing to these Terms and Conditions you acknowledge that; these websites are subject to change; that they may or may not be controlled by a third party; that Cavendish Green do not provide any guarantees or warranties that your listing will be live or a continued presence on these websites; and you further acknowledge that these third party website portals may at times experience issues with displaying properties including but not limited to feed issues and Cavendish Green is unable to provide any guarantees or warranties as to when a listing will be back up live and showing on any particular Third party website portal. All listings are dependent on the timings and length of times the listing will run.
If you order the Rightmove/Zoopla premium listing then please note the following:
- this is a one-time activation that lasts for 10 months without interruption. For example if you choose to de-list your property after 2 months of activation then your Rightmove premium listing will instantly come to an end and no refund will be given in relation to any remaining time available for your listing.
- Rightmove and Zoopla are third parties which Cavendish Green has no authority over and therefore are unable to provide any warranties on their performance.
- Premium listings may be added up to 10 days after your listing goes live.
- If you re-list the property at any time after the Premium Listing has been added then you will no longer be able to use the premium credit unless you purchase another one.
- Featured properties: If you order a featured property please allow up to 7 days for your featured property to appear.
General Listing Terms
You automatically receive Services for the Initial Marketing Period during which time we will list your Property on the Website and all partner websites subject to the terms relating to Portals above. If your Property has not exchanged within the Initial Marketing Period, your listing will expire but during the run-up to your listing expiry you will have the opportunity to purchase an additional Marketing Extension Period for a fee as set out in the Website (or Schedule 2). Cavendish Green will use reasonable endeavours to contact you to determine if you wish to extend the Initial Marketing Period. If we cannot contact you and do not hear from you, your Property will be de-listed upon the expiry of the Initial Marketing Period. If you do not wish to carry on marketing beyond the Initial Marketing Period then you do not need to do anything, your Property listing will expire, your agreement with Cavendish Green will automatically come to an end and your Property de-listed.
Photos and Agents Visits
Cavendish Green may send an agent to visit your property for verification, photography, floorplan, EPC or appraisal puposes.
If you are supplying your own photographs (maximum 50) and description we require these to be accurate when they are sent to us or uploaded onto the Website, we will send a local agent to visit you to check these when they verify the property. Additions or amends may be subject to a monetary charge.
Once you have agreed a date for the agent to visit, you are obliged to keep the appointment (“Agent Appointment”), any cancellations must have 1 Working Day notice, otherwise you will incur costs, see Schedule 2.
If our agent arrives for his Agent Appointment and you are not at the Property or you give less than the required 1 Working Days’ notice, we will have to arrange an alternative Agent Appointment for which there will be an additional Appointment Fee.
In the event that a photographer was also booked to attend the missed Agent Appointment an additional fee for the photographer’s services will apply, the additional fee, Appointment Fee is detailed in Schedule 2 and is due for each instance of a missed appointment.
When you instruct Cavendish Green to arrange for photographs to be taken of your Property (or for other add-ons), a Cavendish Green agent will use reasonable commercial efforts to contact you within 24/48 hours of ordering the relevant Package to arrange a visit, however on some occasions this may take longer. If you are supplying photographs taken from another photographer (or source) you must have permission to use the photographs from the photographer (or the owner of the photographs). You will also grant Cavendish Green a royalty free, unlimited, worldwide and non-exclusive license to use any photographs supplied by you or a third party source. Cavendish Green have the right to take your listing off the Website and off the portals if notified by a third party that the photographs used may not be permitted for use by you. Cavendish Green will notify you and re-list the Property as soon as the correct/appropriate photographs are provided along with an authorisation from a third party to use the photographs, where appropriate. If we are providing your photographs, the fee paid will be for taking the photographs of one property. If a property has outbuildings or holiday lettings, there will be an additional charge for these extra properties. Commercial properties may also incur extra photography charges, dependent on the size of the property. The same will apply for any additional floor-plans.
Our network of agents covers most of the UK, there are certain areas where coverage is minimal and although we can still cover them a fee may apply for our agents to visit these areas. Areas subject to a potential fee are set out in Schedule 2, Agent Fee, the additional costs will be advised to you prior to purchase.
We can provide a market appraisal of the value of your Property from the data we have which is pulled in from various sources such as Rightmove, mouse price and Land registry and takes into account national and regional trends in the housing market, however, for the avoidance of doubt, the price at which you decide to market your Property will be solely down to your choice.
Viewings / messages and Offers received for your property
Applicants will be encouraged to message you directly. Apart from an applicant’s Cavendish Green username their personal information will not be passed on until the parties proceed to Property viewing stage. Cavendish Green may vet messages sent via our platform.
In most cases viewings will be made online via our automated viewing tool within the property search facility. Viewings requested through our portal network will automatically link up with this function. Applicants requesting to make a viewing via the telephone will be directed to automate their viewing. Once a viewing has been arranged, the confirmation email to both the Seller and the applicant will list the property address, the time of the viewing, both parties and their respective contact details (name and phone numbers). After conformation has been sent to both parties, Cavendish Green have no responsibility if either party (applicant or Seller) fail to show or are not available for a viewing. Viewings are the responsibility of the Seller however Cavendish Green can carry out viewings out at an extra cost chargeable to the Seller, this extra cost will appear on the Website.
Cavendish Green confirms that (unless otherwise instructed in writing by you, the Seller) pursuant to the Estate Agents Act 1979 we will forward to you accurately in writing (which includes email correspondence), all offers from prospective purchasers within 2 days of receipt of the same.
Once a sale has been agreed, Cavendish Green will prepare and send out a Memorandum of Sale by email to you (or via your online account) and to both parties’ conveyancers. A copy shall also be sent to your prospective purchaser.
Once you have an accepted offer we will forward your details to the relevant conveyancer. If you are using one of our Panel conveyancers we will fully get involved in helping you with the sale progression at no extra cost.
Your obligations as the Seller(s):
Authority, Power Capacity
The Seller(s) hereby confirm(s) and covenants that he/she/they have the necessary authority, power and capacity to enter into this agreement.
The Seller(s) hereby confirm(s) and covenants that he/she/they are the beneficial owner(s) of the Property; or have the authority from the beneficial owner to sell the Property on the above terms.
Under the Money Laundering Regulations of 2003, Cavendish Green are required to carry out identity checks on both buyers and sellers of the properties that we market. Checks are completed using an electronic system and may require us to ask you for additional information such as your passport number or driving license number, which you must agree to provide on request.
Energy Performance Certificate (EPC) + HOME REPORTS
For Properties in the UK, excluding Scotland: You must provide an EPC or order an EPC for the Property (and provide proof of the order if not done through us). If you order an EPC via Cavendish Green as an add-on and the assessor turns up to carry out the EPC but you then advise us that you already have an EPC, there will be no refund for the ordered EPC. If you require a commercial EPC for your property there will be an extra charge. An EPC must be commissioned prior to marketing your Property.
Consumer Protection from Unfair Trading Regulations 2008
Your Property details will be verified before marketing of the Property can commence. Our local agent will approve your details.
To ensure compliance with the Consumer Protection from Unfair Trading Regulations 2008 the Seller must inform Cavendish Green immediately of any incorrect or materially incomplete information within the sales particulars from the outset or at any point during the marketing or sale.
Any amendments that you make to your Property listing will be fully vetted by Cavendish Green and if we conclude based on a reasonable suspicion that they are not valid we reserve the right to amend them appropriately without notice.
Cavendish Green reserves the right not to publish any information provided by the Seller in order to comply with the Consumer Protection from Unfair Trading Regulations 2008. Also any other publication (our brochure for example); may be subject to change at any time. When changes are made to the website (including prices), these may not appear at the same in the brochure and such amendments may appear in the following version of the brochure.
The Seller shall indemnify Cavendish Green, its proprietors, directors, employees or agents against any loss or damage suffered by Cavendish Green, its directors, employees or agents arising from; (i) any claim made by the Seller in respect of the Property; (ii) any inaccurate, false or misleading descriptions of the same; or (iii) any breach of applicable legislation or regulations including but not limited to the Consumer Protection from Unfair Trading Regulations 2008.
For Sale Boards
If you select a board, the board will be erected at your Property (dependant on agent availability in your area). Cavendish Green cannot accept any responsibility for any damage or loss suffered as a result of the For Sale board. This board will be collected upon request if you so wish. In order to meet the requirements of The Town & County Planning Regulations, which permit the display of only one For Sale board, we request that whilst a Cavendish Green For Sale board is displayed, no other boards are erected. The delivery of your For Sale board may in certain cases be sent via a national courier service. We cannot accept responsibility for any For Sale board being lost or stolen once delivery has taken place. In most circumstances Cavendish Green cannot state a definite date and time for delivery of your For Sale board. In circumstances where there is no one to sign for the For Sale board, it will be left with a neighbour or left at the Property.
If your board relates to part of a building in multiple occupation, it should indicate the part of the building to which it relates.
Cavendish Green do not accept responsibility for the maintenance or repair of unoccupied properties during marketing or once a sale has been agreed.
Cavendish Green strives to deliver the best possible service however should you be less than happy, please contact us as soon as possible so we can resolve matters quickly and efficiently. Cavendish Green will use reasonable endeavours to answer all complaints in a reasonable amount of time and in accordance with the guidelines set out by the Property Ombudsman, our procedure is detailed below.
Step 1 – Raise with your dedicated agent
In the first instance, please speak with your Lister, Sales Negotiator or Sales Progressor to try to resolve the issue.
Step 2 – Escalate to the Departmental Manager
Should your agent be unable to resolve your complaint they will refer your case to the Departmental Manager.
Step 3 – Refer to the Customer Experience Department
If the Departmental Manager does not resolve the complaint, please put your complaint in writing to customerservice@Cavendish Green.com. Your complaint will be acknowledged within 3 working days of receipt and addressed by the Customer Experience Department, we aim to respond to all complaints within 15 working days.
Step 4 - The Property Redress Scheme
If the Customer Experience Department does not resolve the complaint you have the right to take it to The Property Redress Scheme. The PRS’s details will be provided in the response from the Customer Experience Department. More information regarding The Property Redress Scheme can be found by visiting www.tprs.co.uk
Your chosen conveyancer will work to a service level agreement that Cavendish Green has put in place. Cavendish Green will use reasonable commercial efforts to be available to assist you to resolve issues related to our services but any complaints regarding the conveyancing process must be directed to your conveyancer who will operate their own complaints procedure.
Right to Cancel
14 day “cooling off period”
The Right to Cancel off-premises contracts is regulated by provisions contained in Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013: Contracts entered into off-premises or at distance are subject to a 14 day "cooling off period". Where contracts are made off premises, you have the right to cancel the contract within a 14-day period starting the day after the date these terms and conditions are agreed - SUBJECT TO THE TERMS BELOW.
In the event you wish to cancel the contract you must, within the 14 day "cooling off period", inform Cavendish Green of your decision to cancel in writing by email to info@Cavendish Green.com.
Where contracts are cancelled within the specified 14 day "cooling off period" and you have not instructed Cavendish Green to begin any of the Services, there will be no charges due and you will be entitled to a full refund of any payments already made.
Please note Cavendish Green will only publish your property on Rightmove, Zoopla or otherwise begin providing services (including making the Listing, attending the property for verification, EPC or photography), after this 14 day cooling off period has expired unless you agree otherwise by arranging for the commencement of any of the Services.
Cancellation Charges in the “cooling off period”
Should you agree to receive the Services including commencement of the marketing of your Property during the “cooling off period” then you will be charged for the Services provided as detailed below.
Our Services are deemed to have been provided in full when your Property is listed on the Cavendish Green website.
Pay Now Cancellation Charges
If you have chosen the Pay Now option and agree that we begin the performance of Services during the “cooling off period” and then you later cancel during the “cooling off period”, you will be liable to us for the full amount of the Fees for all Services consumed in that period, (see Schedule 2 - Service Cancellation Fee), notwithstanding your cancellation.
For the avoidance of doubt, if your Property has been listed on the Cavendish Green Website during the “cooling-off period” then all Fees for the Package and add-ons shall be payable in full on request, without refund.
Pay Later Cancellation Charges
If you have chosen the Pay Later option and agree that we begin the performance of Services during the “cooling off period” and then you later cancel during the “cooling off period”, you will be liable to us and/or the Finance Provider for the full amount of the Fees for Services consumed in that period, see Schedule 2, notwithstanding your cancellation.
For the avoidance of doubt, if your Property has been listed on the Cavendish Green Website during the cooling off period then all Fees for the Package and add-ons shall be payable in full on request, without refund.
General Right to Cancel
You may ask us to remove your details from the Cavendish Green website at any time after the 14 day "cooling off period" but you will not be entitled to any refund and may be subject to an Administration Fee, see Schedule 2.
Once you have asked us to remove your details from the Cavendish Green website then you will not be able to re-instate them without payment of an additional fee and Cavendish Green will inform the Finance Provider of the cessation of service.
Intellectual Property Rights.
Cavendish Green and/or its licensors is the owner or licensee of intellectual property rights in the Website and the Services, information and content (including photographs either supplied by us, you or a third party) available on the Website, any database operated by us, any proprietary software utilised by us to enable you to use this Website and the underlying source code. Much of this information and content is protected by copyright, trade mark, database rights, design rights (including in the "look and feel" and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered). Our logos, together with our trademarks and/or service marks, may not be copied or reproduced without our prior written consent. All rights are reserved.
We grant you a non-exclusive, non-transferable licence to use the Website solely in executable form and only to the extent necessary for use of the Website and the Services, and for no other purpose.
You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the Website for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this Website. Any such use of an automated program is prohibited and shall be a breach of these Terms and Conditions.
You may not reproduce, copy, edit, republish, transmit materials including but not limited to; articles, incorporating into any other materials, or distribute any material articles, photographs, images or submissions, information or content on this Website, or that form part of the Services, without Cavendish Green’s prior written consent. However, you are granted a limited right to access and use the Website and our Services, and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of the Website and the Services only. We reserve the right, in our sole discretion and without notice to you, to terminate your licence and to prevent future access by you to this Website.
You may not do anything which may be seen to take unfair advantage of the reputation and goodwill of Cavendish Green or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Cavendish Green.
Referrals and introducer payments.
Any individuals introduced will have the right to opt-out of any future email campaigns upon receipt of their first email; or any subsequent ones.
Referral Incentive. Any Registered User of Cavendish Green can refer another person to Cavendish Green, this can be done verbally, via email, internal messaging or via any referral scheme or competition that Cavendish Green run. If in the event of a referral purchasing a package from Cavendish Green, the Registered User who passed on the referral may be entitled to an introducer or referral incentive. This may be in the form of money, vouchers or property marketing add-ons. This will be at the discretion and choice of Cavendish Green.
Redemption of referrals. Wherever possible Cavendish Green will have an audit trail of where the referral came from. Upon successful audits a referral fee will be authorised. In the event of Cavendish Green's internal audit trail resulting in a dispute regarding the origination of the referral, proof may be required from the interested parties.
Authorised referrals, payments, vouchers or property add-ons will be dealt with within 14 days from the start of the referred Seller’s Service.
Your General Obligations
You agree that you are solely responsible and liable for all your activity on the Website, whether you are a Registered User or an unregistered user.
You must promptly notify Cavendish Green in the event there is a breach of security or any unauthorised use of the login details where you are a Registered User. Cavendish Green may be contacted by email at info@Cavendish Green.com.
You shall not submit to appear on the Website, any information, Property Data (defined below) review, comment, images, link or other material whatsoever in any format that may reasonably be deemed to be;
- offensive, illegal, inappropriate or in any way;
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material;
- promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote any illegal activities;
- provide instructional information about illegal activities, including violating someone else's privacy or providing or creating computer viruses;
- promote or contain information that you know or believe to be inaccurate, false or misleading;
- engage in or promote commercial activities and/or sales, without the prior written consent of Cavendish Green; or
- infringe any rights of any third party.
You acknowledge that by submitting information to the Website specifically for publication on the Website whether via your registered account or otherwise (“User Submission”) does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that Cavendish Green may, at its sole discretion, choose to display any User Submission or any part of a User Submission that you make on the Website and hereby grant to Cavendish Green a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any User Submissions that you make to the Website.
You hereby grant to Cavendish Green a non-exclusive, irrevocable licence to make the User Submissions available to other Registered and unregistered users of the Website and to edit the User Submissions in the event that Cavendish Green deems it necessary or desirable to do so for any reason.
You hereby grant to Cavendish Green a non-exclusive, irrevocable licence to make the User Submissions available to other media and publications and to edit the User Submissions in the event that Cavendish Green deems it necessary or desirable to do so for any reason. This can also include other portal partners who may be listing your property on our behalf and may contact you regarding their services.
If you feel that any User Submission made by other Registered Users (and unregistered users) is objectionable, you are advised to contact Cavendish Green using the contact details set out on the Website. Cavendish Green shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.
You further agree that at all times, you shall:
- if you are a Registered User, not use your login details with the intent of impersonating another person;
- if you are a Registered User, not allow any other person to use your login details;
- not use the information presented on the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
- not do likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
- not use the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;
- not use any information obtained using the Website otherwise than in accordance with these Terms;
- comply with all instructions and policies from Cavendish Green from time to time in respect of the Website;
- co-operate with any reasonable security or other checks or requests for information made by Cavendish Green from time to time; and
- use the information made available to you on the Website at your own risk.
In the event that Cavendish Green, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause, Cavendish Green shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
Without prejudice to any of Cavendish Green's other rights and remedies, Cavendish Green reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause.
You agree to indemnify, defend and hold Cavendish Green and our affiliated companies, shareholders, officers, directors, employees, agents or suppliers harmless from any and all claims or demands, made by any third party along with any associated legal costs due to or arising out of your use of this Website or through your password or otherwise, the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any other person or entity.
Teplio offer no guarantees that its Website will be secure or free from bugs, Trojan horses, worms or any other computer viruses. All responsibility for configuration of your information technology, computer programme and platform in order to access the Websites will lie with you. You should employ your own virus protection software. You must not misuse the Websites by introducing material which is malicious or technologically harmful including but not limited to; viruses, trojans, worms and logic bombs. Unauthorised access to the Websites, the server on which the Websites are stored or any server, computer or database connected to the Websites is strictly prohibited.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
If any part of these Terms and Conditions are found to be illegal, the term that is found to be illegal will be removed without effecting the other terms which will continue in full force and effect. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms and Conditions, we can still enforce same later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking these Terms and Conditions, that will not mean that you are no longer subject to these terms and conditions and it will not prevent us taking steps to secure our rights at a later date. For example, in the event you fail to make payment and we do not send you notice of missed payment but we continue to provide the services, we reserve the right to invoice you for a missed payment and require you to make the payment at a later date.
These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
Schedule 1: Pay Later Terms and Conditions
If you select the Pay Later option, such selection is conditional upon adherence to these Pay Later terms and conditions and you being eligible to pursue the Pay Later option pursuant to these terms and conditions. By selecting the Pay Later option, you accept and agree to be bound by these terms and conditions. In addition, where your payment is being financed by the Finance Provider you will be required to enter into a separate agreement with the Finance Provider an example of which is set out in Appendix 1 to this Schedule.
Panel Conveyancing Discount
A Panel Conveyancing Discount applies to the Pay Later option for packages with conveyancing services from Cavendish Green’s recommended Panel of conveyancers. If you wish to use your own conveyancer you will not be able to avail of the discount as detailed in Schedule 2.
Payment of fees
Where you have an agreement with the Finance Provider payment of the Fees for the Package and add-on Services will be made by you to the Finance Provider in accordance with the terms and conditions of the agreement between you and the Finance Provider. However if you do not pay the Fees or any outstanding amounts of the same in full on the due date then the Finance Provider may take steps to recover the outstanding amount from you. This may include but not be limited to bringing legal proceedings against you and you may be liable for our reasonable costs incurred in trying to recover the money you owe under this Agreement.
Where you have an agreement with us for Pay Later, payment in full, for your selected Package and any ordered add-ons (“Total Pay Later Fee”) is required upon the EARLIER OF:
- Completion on the sale of your Property via any agent;
- Upon the expiry of the Initial Marketing Period;
- You electing not to use one of Cavendish Green’s recommended conveyancers;
- You cancelling the marketing of the Property with Cavendish Green.
You must tell us and the Finance Provider as soon as reasonably possible and in any event within 10 working days if you change:
- your residential address;
- your home telephone number;
- your mobile telephone number;
- your email address; or
- your bank account details or your Debit CardDetails.
You agree to indemnify us against all loss, damage, costs and expenses (including legal expenses) arising from any act omission or breach by you in relation to your agreement with the Finance Provider.
Termination / Cancellation
We may terminate our agreement with you and demand immediate payment of the sums you owe to us under it by serving you with such notice as we are required to provide by law if:
- we discover that our decision to defer your payment was based on inaccurate, misleading or incomplete information;
- someone serves a statutory demand on you or takes other steps to make you bankrupt;
- you die; or
- you materially breach these terms andconditions.
Should you cancel your service and/or your finance with the Finance Provider you may still be liable for Cancellation Fees and Administration Fees as detailed in Schedule 2 and in the Right to Cancel section of the Terms and Conditions. For the avoidance of doubt, if the Property has been listed on the Cavendish Green Webiste then all Fees for the Package and add-ons shall be payable in full on request.
You agree that we may communicate with you by sending notices, information, documents and any statements to you in relation to this Agreement;
- to the most recent address we hold for you;
- sending you a PDF of the notice, information, document or statement concerned to any email address you have provided to us; or
- by delivery of an SMS to any mobile telephone number you have given to us.
Where you have provided us with an email address, we may contact you by email in relation to your application including any issue which may arise under this Agreement throughout the duration of this Agreement.
USE OF YOUR INFORMATION
In this clause, references to “We” or “us” include the Finance Provider and any intermediary used such as Divido Financial Services Limited
Fraud and credit checks and verifying your identity
Fraud prevention checks:
- We will verify the personal information you provide to us with fraud prevention agencies before we agree to allow you to proceed with the Pay Later option under these terms and conditions. If false or inaccurate information is provided, or if fraud is identified, details may be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We, and other organisation, may also use and access this information to prevent crime, including fraud and money laundering, for example, when checking details on applications for credit and credit related or other facilities; managing credit and credit related accounts or facilities and recovering debt.
- We may access and use from other countries the information recorded by fraud prevention agencies in addition to accessing and using the information recorded by the UK’s fraud prevention agencies. These organisations may be in countries outside the European Economic Area. You can contact us at the address above if you would like the details of the relevant fraud prevention agencies.
To protect you and us from financial crime, we may be required to verify the identity of our customers. We may do this by either using reference agencies to search sources of information relating to you (an identity search) or relying on the Estate Agent to verify your identity and your residential address. This will not affect your credit rating. If this fails, we may need to approach you to obtain documentary evidence of identity.
Credit reference checks
We will conduct a full credit check using credit reference checking services before we agree to allow you to take our pay later package. We may do this for example if this is necessary for compliance with applicable laws or regulatory rules.
We may use credit reference agencies (CRAs), including their records, to obtain information on you, including on your credit history and in order to ascertain risks related to the Pay Later option we provide. When CRAs receive a search from us, they will conduct a full credit check on your credit file that may be seen by other lenders and other companies unrelated to us (for example, other CRA customers). These search footprints, personal information and (possibly) account performance data may be used by other lenders and CRA customers. The CRAs may add the details of our search and information we hold about you to their records relating to you.
Credit searches and other information about you which is provided by us to the CRAs may be used and disclosed by CRAs to other companies unrelated to us for the purposes mentioned above and to enable those other companies to trace your whereabouts, recover debts that you owe and verify your identity. Records remain on file at the CRAs for 6 years after they are closed, whether settled by you or defaulted. CRAs may also use the information referred to in this regard for the purpose of statistical analysis about credit ratings.
We may access and use from other countries the information recorded by CRAs, in addition to accessing and using the information recorded by the UK’s CRAs. These organisations may be in countries outside the European Economic Area.
If you tell us that you have a spouse or financial associate with whom you have a personal relationship that creates a joint financial unit in a similar way to a married couple (for example if you have been living at the same address at same the time) we may:
- search, link and/or record information at CRAs about you both;
- link any individual identified as your financial associate, in our own records;
- take both your and their information into account in future applications by either or both of you; and
- continue this linking until for example one of you notifies us that you are no longer linked.
When CRAs receive a search from us they will link together the records of you and your spouse or financial associate. Links between all such persons will remain on your files and their files until such time as you or the other relevant person successfully files for a disassociation with the CRAs. If your circumstances change such that you are no longer a financial unit with another person you should contact the CRAs about this.
You can contact the CRAs currently operating in the UK (CallCredit, Equifax and Experian) to find out what information they hold about you. The information they hold may not be the same so you may wish to contact more than one. Their details are below. They are entitled charge you a small statutory fee.
Schedule 2: Packages and Service Fees
Teplio offers three property sales Packages: Essential, Classic and Premium, the Services included in these Packages are described on the Website. The Fees for the Packages are detailed below:
Essential - £645
Classic - £895
Premium - £1,295
Essential - £645
Essential Without Panel Conveyancing Discount - £1005
Classic - £895
Classic Without Panel Conveyancing Discount - £1255
Premium - £1295
Premium Without Panel Conveyancing Discount - £1655
(for use of conveyancer from Panel)
£360 - 10 Month additional Marketing Extension Period
£275 - PLUS 50% of Premium Listing and / or Accelerator Packages where applicable
Commercial Property Additional Charges
Failure to attend and appointment with Agent and/or Photographer (without giving at least 1 working day’s notice) - £120
Agent visits to certain areas including but not limited to the following may incur charges:
- West Wales,
- North Wales,
- Northern Ireland and
- Scotland (North of Glasgow and Edinburgh)
Service Cancellation Fee
Should the Seller cancel the Finance Agreement with the Finance Provider and/or cancel the Package at any time prior to the end of the cooling off period then charges for all of the services below which have been provided to the Seller will be immediately due and payable:
- Verification Visit
- Virtual Tour
- For sale board
For the avoidance of doubt, if the Property has been listed on the Cavendish Green Website then all Fees for the Package and add-ons shall be payable in full on request.
Should the Seller cancel the Finance Agreement with the Finance Provider and/or cancel the Package at any time after the cooling-off period and prior to the Listing of the property as described in clause 4 an Administration Fee will immediately be due and payable on request in addition to any Service Cancellation Fee above
For the avoidance of doubt, if the Property has been listed on the Cavendish Green Website then all Fees for the Package and add-ons shall be payable in full on request.
Panel Cancellation Fee
Should the Seller choose to Pay Later and avail of the Panel Conveyancing Discount and subsequently appoint a conveyancer other than one of those presented by Cavendish Green or cancel their instruction with the Cavendish Green introduced conveyancer prior to completion a Panel Cancellation Fee will immediately be due and payable on request.
For the avoidance of doubt, no Panel Cancellation Fee will be charged to you in the event that the Panel conveyancer does not, for any reason whatsoever, accept your instruction.
FIXED SUM LOAN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974