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Sell4Less Use of Website Terms and Conditions
Sell4Less make no warranties or representations with regard to the availability of any of its websites (including www.sell4less.co.uk) and/or the accuracy or availability of information published on the websites. Users may sometimes experience downtime and subsequently the websites may not be accessible to all users at all times. However Sell4Less do endeavour to make its websites available to all users at all possible times. Sell4Less excludes all liability and warranties regarding the information contained and held on the pages of www.sell4less.co.uk.
The Advertiser s attention is particularly drawn to the Conditions below headed General Exclusions
Sell4Less Terms and Conditions
These terms and conditions represent a legally binding agreement which shall govern any contract between;
1. Sell4Less, whose registered office address is Gaines Hall, Wickhambrook, Newmarket , Suffolk , CB8 8YA , and
2. The Advertiser (also referred to as you your ) being anyone who uses the services of www.sell4less.co.uk for advertising purposes. By proceeding to advertise with Sell4Less and making your payment, you are unconditionally agreeing to these terms and conditions.
1.1 By submitting their property details, the Advertiser is confirming to Sell4Less that:
1.1a they are the legal owner of the property and have in their ownership all valid and up to date documents and information needed to market the property including Deeds and a Home Information Pack if legally required.
1.1b they fully agree to Sell4Less publishing all details and photos (on the internet and in printed format and
1.1c all material (being text, photos, etc.) submitted to Sell4Less or its website is free from encumbrances and not in breach of any third party rights and warrant they have the full written consent of any third party where applicable.
1.2 The Advertiser shall at all times be fully liable and held responsible for the content of the advert whether or not posted on: Sell4Less, Fish4homes, Ononemap and/or any other associate websites.
1.3 The Advertiser accepts full liability and responsibility to provide: True, Accurate, Up to Date and Relevant Information for their advert, that must not be Misleading in any way shape or form and if the advert is found to be in breach of the Property Misdescriptions Act or similar Act the customer accepts full liability.
1.4 Sell4Less merely provides the facility to enable the Advertiser to submit advertising content and material to the Sell4Less and its Associate websites and accepts no responsibility and excludes all liability for checking or amending the Advertiser s advertising content. The Advertiser must thoroughly check that their advert is: Correct, Accurate, Complete, and does not contain any Errors, Mistakes or Omissions in respect of advertising content.
1.5 The Advertiser accepts full and unconditional liability in the event of their advertisement content breaching the Terms and Conditions of: Sell4Less, Ononemap and/or their Associated Websites where the advert may be viewed.
1.6 In circumstances where a third party claims an infringement of their intellectual property rights and seeks redress against Sell4Less as a consequence of the Advertiser submitting the offending material Sell4Less shall exercise its right to remove such material without notice and without liability to the Advertiser and the Advertiser shall indemnify Sell4Less or its Associates for all cost and expenses incurred by the same as a consequence of the third party s actions.
1.7 Sell4Less may remove material at anytime if it considers there is a risk of infringement and Sell4Less shall not be liable to the Advertiser for the removal of such material from the Sell4Less website or its Associate websites.
The Advert
1.6 The Advertiser must make their payment for the full agreed amount of the advert via Sell4Less' secure payment facility before any part of the service begins or the advert goes live'.
1.7 The Advertiser may themselves alter or delete any part of their advert at any time.
1.8a Sell4Less endeavor to advertise the Advertiser's material for the agreed period but reserve all rights to: Stop, Delete or Remove the advert at their discretion without giving Prior Notice to; or receiving Consent from; the Advertiser.
1.8b The most likely (but not limited to) reasons for Sell4Less doing the above are: the advertising content breaching our or one of our associates terms and conditions, or the advertising content breaching any law, regulation and/or code of practice, or the advertising content being, defamatory, insightful, obscene and blasphemous, or the content infringing any: trademarks, copyrights or intellectual property of a third party.
1.9 The Advertiser will set their own selling or rental price, Sell4Less do not accept any responsibility or liability for potential profits or losses made by the Advertiser.
2.0 The Advertiser may only feature one property in each advert with Sell4Less and will be charged for any additional properties entered under a single advert.
2.1 Sell4Less endeavour to pass the Advertiser's property details onto Ononemap (for publishing on their own, and their affiliate and linked websites) within 5 working days after the date of the order. Sell4Less offer no guarantees or refunds with regard to this part of the service, it is totally subject to alterations, cancellations and general changes imposed by those internet portholes and their affiliates.
2.2 At the end of the advertising period Sell4Less will automatically delete the Advertiser s advert from Sell4Less', Ononemap and/or any other associate websites, this is unless a renewal fee is received in full from the Advertiser.
General
2.3 Sell4Less do not offer any guarantee or warranty as to the success or performance of any Advertiser s advertising campaign.
2.4 If the Advertiser has previously signed a sole rights agreement with an Estate Agent, it is the Advertiser's responsibility to seek independent advice with regard to the terms and conditions they have previously agreed to with such party. Sell4Less accept no liability in the event of an Estate Agent enforcing any such contractual obligations.
2.5 No refund is payable by Sell4Less to an Advertiser if such Advertiser recalls any advert as a consequence of the Advertiser s breach of such third party agreement under clause 2.4. the Advertiser shall remain liable for all costs incurred by and fees due to Sell4Less under this Contract.
Delivery Policy and the Sellers or Landlords Pack'
2.5 Sell4Less' Sellers Packs' will generally include a For Sale' or To Let' Board, Fixings and a Sellers or Landlords Guide. Sell4Less endeavour to send all Sellers Packs' within 10 working days from the date the Advertiser places their order. Time is not of the essence with regard to any delivery obligations of Sell4Less.
2.6 Sell4Less' liability and responsibility for the delivery and use of the Sellers Pack' and its contents fully and unconditionally ends the instant Sell4Less passes the Sellers Pack' to the courier or postal service who will deliver the package to the Advertiser.
2.7 The Advertiser is fully and unconditionally liable and responsible for how they use, and what they do with, their Sellers Pack' including their For Sale' or To Let' board from the very instant the Advertiser receives the Sellers Pack'.
2.8 The Advertiser must assemble their own For Sale' or To Let' board in conjunction with their local authority's planning regulations.
2.9 Sell4Less will either send the Advertiser a Sellers or Landlords Guide in pdf format via email or in printed format with the sellers pack in the mail, this contains; hints and tips on selling and getting the best price for your home. The Advertiser should print this to use whilst selling their home.
3.0 Sell4Less make no warranties or representations with regard to the information content of the Sellers or Landlords Guide, as it merely contains hints and tips, it is up to the Advertiser if they choose to follow them, and therefore the Advertiser will be fully liable and responsible for the outcome of their actions.
Replying to Enquiries
3.1 The Advertiser is fully responsible for, and agrees to promptly answer and reply to all buyer enquiries, and promptly and professionally arrange and conduct all viewings.
Price Negotiation
3.2 The Advertiser must negotiate the sale or rental price with the buyer or tenant, the Advertiser is fully aware that Sell4Less is not involved in the negotiation process and accepts no responsibility for doing this.
General Exclusions
LIMITATION OF LIABILITY
3.3 Subject to condition 5.1, the following provisions set out the entire financial liability of Sell4Less (including any liability for the acts or omissions of the partners, its employees, agents and sub-contractors) to the Advertiser in respect of:
- (a) any breach of these conditions;
- (b) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
3.4 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 and/or Section 2 of the Supply of Goods and Services Act 1982) are, to the fullest extent permitted by law, excluded from the Contract.
3.5 Nothing in these conditions excludes or limits the liability of Sell4Less:
- (a) for death or personal injury caused by Sell4Lessīs negligence; or
- (b) for any matter which it would be illegal for Sell4Less to exclude or attempt to exclude its liability; or © for fraud or fraudulent misrepresentation.
3.6 Subject to condition 3.4 and condition 3.5:
- (a) Sell4Less excludes all liability for direct loss of or injury or damage to property (excluding data and software) suffered by the Advertiser;
- (b) Sell4Lessīs total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and © Sell4Less shall not be liable to the Advertiser for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
ASSIGNMENT
4.1 Sell4Less may assign and/or subcontract the its service or the Contract or any part of it to any person, firm or company.
4.2 The Advertiser shall not be entitled to assign and/or subcontract the Contract or any part of it without the prior written consent of Sell4Less.
FORCE MAJEURE
5.1 Sell4Less reserves the right to defer the date of delivery or to cancel the Contract (without liability to the Advertiser) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control provided that, if the event in question continues for a continuous period in excess of 90 days, the Advertiser shall be entitled to give notice in writing to Sell4Less to terminate the Contract.
Returns and Refunds Policy
You have the right to cancel your order within 24 hours from placing it. You must notify us by phone or e-mail of your intention to cancel within 24 hours from placing your order. No returns or refunds can, or will be, made anytime later than 24 hours after you have placed your order. Unfortunately we are unable to accept returns of Your Sellers Pack': as the goods are made special order' to the Advertiser's specification.
Returns and Refunds Enquiries:
If you wish to cancel your order in the 24 hour period please
call: 0871 277 6119 or e-mail: support@sell4less.co.uk
Please note:
Refunds
Full refund of the cost of the service is wholly conditional upon the above conditions being met and the refund being authorised by a director of Sell4Less.
You will be refunded the full invoice amount less costs incurred by Sell4Less for internet publication, and costs involved in the production of goods that are made special order to customer specification, and any other such costs that may have been incurred by Sell4Less in the provision of the service. |
