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Terms and Conditions

General

Permitted usage

The Landlord(s) or Vendor(s) must be the beneficial owner(s) of the property.
In instructing Property High Street for any Estate Agency service the Landlord(s) or Vendor(s) agrees to;

  • Pay, in full, at the time of instruction.
  • Have fully understood the service that is to be received from Property High Street as an Estate Agent
  • Use Property High Street Estate Agency Service as a Landlord or private Vendor and not as a Letting Agent or Estate Agent.
  • Forfeit any refund if it is found that a registration for any of Property High Street services is made by a Letting Agent or Estate Agent.

Promotional Codes

Property High Street on occasion offer a discount policy that enables landlord(s) and/or Sellers to receive discounts throughout the year. This offer is not available in addition to any promotions that Property High Street may offer. Discount codes may also be used for promotional purposes from time to time.

Promotions

By instructing Property High Street the Landlord(s) and/or Seller(s) agree to receive marketing information from Property High Street and any subsidiary company. If the Landlord(s) and/or Seller(s) wish to unsubscribe they are advised to email info@Property High Street.co.uk

Editing and deletions

The Landlord(s) and/or Seller(s) are able to amend or delete their property or personal details at any time during their contacted term. These amendments should be made by logging into the Landlord(s) and/or Seller(s) account. Please allow 24 hours for amendments to feed to our partner sites.

Partner Sites

Property High Street shall not be held responsible for any difficulties encountered by our partner sites. If for any reason Property High Street are no longer able to market a Landlord(s) and/or Seller(s) property through the agreed property portals Property High Street will not be held responsible and no refund will be given. Property High Street reserves the right to change partner sites at any time without notice.

If you encounter any problems with our partners’ websites please email info@Property High Street.co.uk

Privacy Policy

This privacy policy sets out how Property High Street uses and protects any information that you give Property High Street when you use this website. Property High Street is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Property High Street may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/12/2009

When we collect

We may collect the following information:

    • information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type, referral source, length of visit and number of page views)
    • information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services (Property High Street does not store any customers credit/debit card details)
    • information that you provide to us for the purpose of registering with us
    • information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters.

What we do with the information we gather

  • We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. Property High Street does not store any of its customers financial information including debit/credit card details.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@Property High Street.co.uk. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable.

If you would like a copy of the information held on you please write to Property High Street Ltd 19 Church Road, Hove BN32FA. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect

Refund Policy

Letting Services

Products and services that are purchased on the Property High Street Ltd website may be refunded without question within 12 hours of purchase. After this period no refund will be offered. Refunds can only be made to the card that was used to purchase the goods and/or services. All refunds will be made within 7 days of request.

Claims for refunds must be emailed to info@Property High Street.co.uk with full details of refund amount, product and the reason for request.

Sales Services

Products and services that are purchased on the Property High Street Ltd website may be refunded without question within 24 hours of purchase.

Refunds can only be made to the card that was used to purchase the goods and/or services. All refunds will be made within 7 days of request.

Claims for refunds must be emailed to info@Property High Street.co.uk with full details of refund amount, product and the reason for request.

In the event that Property High Street Limited is not able to continue advertising a property for sale a refund of monies paid net of the individual services already rendered at the current list prices may be claimed by writing to the head office address. For the avoidance of doubt a full refund will not be given.

Property Availability

Property High Street Limited reserve the right to remove a property without notice or refund in the following circumstances.

  • More than 3 complaints are received about a property from potential buyers or tenants
  • Enquiries generated by Property High Street Limited are not being responded to promptly by the vendor or landlord
  • If a property is deemed not to be genuinely available for sale or let

Lettings

A Definition of the Terms Contained within this Section

  1. “Landlord(s)”, refers to the individual seeking to use Property High Street to let their property.
  2. “Tenant(s)”, refers to the person seeking to rent the “Landlord(s)” property.

By instructing Property High Street Services “You” the Landlord hereby agree to the Terms and Conditions contained herewith.

General Letting Terms and Conditions

In instructing Property High Street for any Estate Agency service the Landlord(s) agrees to;

  • Pay, in full, at the time of instruction.
  • Have fully understood the service that is to be received from Property High Street as an Estate Agent
  • Use Property High Street Estate Agency Service as a Landlord and not as a Letting Agent or Estate Agent.
  • Forfeit any refund if it is found that a registration for any of Property High Street services is made by a Letting Agent or Estate Agent.

Property High Street ‘Tenant Finder’/’Tenant Finder Plus Service for Lettings

In agreeing to use Property High Street Tenant Finder Service the Landlord(s) can expect:

  • A consultation with an experienced professional at Property High Street on the telephone and/or through the Property High Street website at the time of instruction.
  • A visit from one of Property High Street’ experienced advisors in person. Note: An initial consultation is subject to the availability of our representatives and is not deemed as a standard feature of Property High Street ‘Tenant Finder’ and ‘Tenant Finder Plus’ Service (additional charges may apply). If a Landlord(s) requires this initial consultation the Landlord(s) and or Seller(s) must inform Property High Street before instruction. Property High Street reserve the right to refuse the addition of individual services unless a ‘Full Management Service’ is taken.
  • Property High Street to contact the Landlord(s) with all interest in their property through their preferred method. (The preferred contact method is asked on instruction. Property High Street cannot accept responsibility if a Landlord and/or seller has not responded to a viewing request). The Landlord(s) is responsible for conducting their own viewings unless specified and agreed by Property High Street in writing before the tenant finder /tenant finder plus has been purchased.
  • Property High Street to market the Landlord(s) and/or Seller(s) property using the ‘Tenant Finder’ Service for the time period specified on instruction.
  • Arrangement of Property Particulars to be used as part of Property High Street ‘Tenant Finder’ Service. The arrangement of Property Particulars will include a property valuation for lettings. Note: A valuation shall only be conducted if the Landlord(s) request this at the time of instruction. If an initial consultation has not been performed the Landlord(s) agrees that the details submitted comply with the Property Mis-description Act 1991. Property High Street hold no responsibility for any mis-descriptions provided by the landlord(s). (Please refer to the ‘Office of Public Sector information’ website for further information on the Property Mis-description Act 1991)
  • Advice on legal obligations and an opportunity to use a number of other Property related services offered by Property High Street.
  • All requests to view or enquire about a property by email, voicemail and telephone will be passed on during office hours. Any messages collected outside office hours will be passed on as soon as possible the next working day.

Referencing

All referencing is dependent on the successful reply from the landlord, employer, tenant or referee. Should any reference contact fail to respond Property High Street cannot be held responsible and no refund will be given.

Property High Street will follow-up with reference contacts for a period of 7 working days in conjunction with Endsleigh. After this time we will deem the reference as un-contactable and the report will be completed without this reference. No compensation will be offered for an incomplete reference due to unresponsive referees.

If a tenant fails a reference check no refund will be given and the full reference service will be deemed as taken and Property High Street cannot guarantee a time scale for any reference or check regardless of when the tenancy may begin. Should a tenancy begin before a check or reference is complete no refund will be offered.

To Let and For Sale Boards

Boards will be erected within 7 days of instruction.

‘Tenancy Pack’ for Landlords

The documents contained are for completion by the Landlord and Tenant and are to be used as a guide only. Property High Street shall not be held responsible for anything contained within these documents and specifically the failure of a tenancy agreement. Property High Street hold no responsibility for any disagreements, disputes, damages or expenses incurred due to a landlord/tenant dispute. Advice is available if any disagreement ensues.

‘Free Tenancy Agreement’

Property High Street hold no responsibility for any loss as a result of the use of any of the documents downloaded from the Property High Street website. The documents contained are for completion by the Landlord and Tenant and are to be used as a guide only. Property High Street shall not be held responsible for anything contained within these documents and specifically the failure of a tenancy agreement. Property High Street hold no responsibility for any disagreements, disputes, damages or expenses incurred due to a landlord/tenant dispute. Advice is available if any disagreement ensues.

Responsibilities of Landlord(s) as part of the ‘Tenant finder’ Service

  • It is the landlord’s responsibility to ensure:
  • All furnishings within the property comply with Fire Safety Regulations.
  • An up to date Energy Performance Certificate is held.
  • An up to date landlords’ electrical safety certificate is held
  • The tenant(s) deposit has been placed in a registered Tenancy Deposit Scheme.
  • An up to date landlord’s gas safety certificate is held.

Sales

It is a requirement of the Estate Agents Act 1979 that you the “seller” understand and accept the Terms and Conditions prior to instructing Property High Street Limited to sell your property.

Please note that you the “seller” confirm your acceptance of these Terms and Conditions by ticking the accept terms and conditions box on the Property High Street website.

The Seller has agreed to appoint and Property High Street Limited has agreed to act as the Sellers’ estate agent to sell the Property subject to the terms and conditions below:

1. Definitions

1.1 In these Terms and Conditions the following words and phrases shall, unless the context otherwise requires, have the following meanings:-

“Completion Date” means the date of the completion of the sale of the Property between the Seller and a Purchaser;

“Exchange Date” means the date at which there is an exchange of binding contracts for the sale of the Property between the Seller and a Purchaser;

“Fee” means the commission or remuneration payable by the Seller in consideration of the Services provided by Property High Street Limited in accordance with Clause 3 below; “Property High Street Limited” means Property High Street Limited online estate agency.

“Property” means the freehold or leasehold property whose address is set out above;

“Purchaser” means the purchaser of the Property;

“Sale Price” means the final agreed selling price of the Property;

“Seller” or “You” means the beneficial owner(s) of the Property;

“Services” means the estate agent services to be provided by Property High Street Limited as set out in these Terms and Conditions;

“Term” shall run from the day marketing commences until it is terminated in accordance with Clause 9.

1.2 The headings in these Terms and Conditions do not affect its interpretation, save where the context otherwise requires, references to sub-clauses, clauses and schedules are to sub-clauses, clauses and schedules of these Terms and Conditions.

1.3 Unless the context otherwise so requires, references to statutory provisions include those statutory provisions as amended or re-enacted and references to any gender includes all genders and the singular shall include the plural and vice versa.

2. Negotiations

2.1 Property High Street Limited will conduct all negotiations if required on a “subject to contract” basis.

2.2 You authorise Property High Street Limited to act as selling agents on Your behalf during the Term.

3. Fees

3.1 You must nominate a Fee Option as part of Your instruction to Property High Street Limited to act as Your agent.

3.2 The Fees payable by You to Property High Street Limited under these Terms and Conditions are stated exclusive of any VAT which may be chargeable, and which will be payable where required in addition to the sum in question at the rate for the time being prescribed by law.

The home visit signifies the commencement of our services and the standard cooling-off period does not apply as per clause 8(3) of the Regulations.

Please note that You confirm Your acceptance of these Terms and Conditions by ticking the accept terms and conditions box on Our website and then clicking the submit button..

3.3 Once an Property High Street Limited representative has travelled any distance to the said property on the date booked for the property to be visited Property High Street Limited will then retain the right to charge a fee of £100 + VAT in the event of a cancellation, this cancellation fee applies at any point before the agreed contract length is completed.

4. Seller’s Enquiry Form

4.1 You agree to provide such information as required in the Register to Sell Form and will use Your best endeavours to help verify any of the information given. In order to ensure that neither Property High Street Limited nor You become involved in any legal action under the Property Misdescriptions Act 1991 or otherwise Property High Street Limited reserves the right not to publish any information provided by You.

4.2 Property High Street Limited shall prepare a set of property particulars on your behalf, however Property High Street Limited are not responsible for any data that it provides to buyers and sellers. All information on our website and all information provided to buyers and sellers directly, cannot be guaranteed and they do not form part of any contract. You must approve your property details before marketing of the property can commence, this can be confirmed in writing, or by logging on to Property High Street Limited where you will be given a chance to review your details prior to upload onto the property portals.

4.3 You shall inform Property High Street Limited immediately of any material changes in the information that was provided on the Seller’s Upload process.

5. Indemnity

5.1 You shall indemnify Property High Street Limited, its directors, employees and agents, against any claim made in respect of the Property or any misdescription thereof that arises wholly or partially out of any act or omission committed by You.

6. Offers

6.1 Property High Street Limited shall notify You of all offers it receives to purchase the Property.

7. Warranties

7.1 You hereby warrant and covenant that:

7.1.1 You have the necessary authority, power and capacity to enter into these Terms and Conditions; and

7.1.2 You are either (i) the beneficial owner of the Property, or (ii) have the authority from the beneficial owner to sell the Property on these terms.

8. Money Laundering

8.1 You agree to provide Property High Street Limited with all information as may be required by Property High Street Limited in order to comply with any money laundering regulations as may be in force from time to time, we may require you to provide information such as your passport or driving license number.

9. Agency

9.1 An upfront fee required is a non-refundable, one-off charge that shall be paid before Services commence.

9.1.2 Receipt of the Upfront Fee by Property High Street Limited signifies the Seller is instructing Property High Street Limited to sell their Property in accordance with these Terms and Conditions.

9.1.3 Property High Street Limited reserves the right to remove the property if the vendor is uncontactable for a period of 4 weeks, or if the vendor unreasonably refuses viewings..

10 For Sale Boards

10.1 Town & Country Planning Regulations state that only one estate agent board may be displayed at any one time. We request that You do not erect or display any other estate agent’s boards for the duration of the Term.

10.2 As part of the Property High Street Limited terms, once the board has been delivered it becomes your own property, as such it is your responsibility to take it down and re-erect it if it’s affected by weather conditions or by a third party. Property High Street Limited is not liable for the loss of your board or any damage the board may cause, there is a charge of £35 for an additional erected board and £15 for a loose board sent by post.

11 EPC (Energy Performance Certificate)

11.1 An Energy Performance Certificate must now be in place for all properties to be marketed. Property High Street Limited can only market your home after the EPC has been either ordered through or shown to us. The cost of the EPC is non refundable once ordered verbally and/or electronically.

12 Sub Agency

12.1 Property High Street Limited may appoint a sub-agent and will do so at no extra cost to You. All Fees shall remain payable to Property High Street Limited as if Property High Street Limited had been the primary agent.

13 Advertising

13.1 You authorise Property High Street Limited to advertise details including, without limitation, the address of the Property, it’s asking price, photographs and plans of the Property on the Property High Street Limited website, other websites advertising the sale of properties, magazines and newspapers and in any other such media as Property High Street Limited deems in its sole discretion reasonable in order to achieve a sale of the Property.

13.2 Property High Street Limited guarantees that your property is listed on the Property High Street Limited website which is www.Property High Street.co.uk. Third party website portals are subject to change, they may not be controlled by Property High Street Limited and we do not guarantee continued presence on these websites, although it is the policy of Property High Street Limited to continue to maintain, expand and improve our property portal networks at all times.

13.3 Photography and any media created by Property High Street Limited will remain the ownership of Property High Street Limited and will be provided to client after the property’s marketing has ceased at its discretion.

13.4 In the event that Property High Street Limited is not able to continue advertising a property for sale a refund of monies paid net of the individual services already rendered at the current list prices may be claimed by writing to the head office address. For the avoidance of doubt a full refund will not be given.

14 Notices

14.1 Any notice given in connection with these Terms and Conditions shall be in writing and may be delivered by hand, pre-paid first class post, special delivery post, facsimile or e-mail, to the relevant address as stated in these Terms and Conditions (or such other address, facsimile or e-mail as may be notified in writing from time to time).

15 Law and Jurisdiction

15.1 These Terms and Conditions shall be governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English Courts.

16 Distance Selling Regulations

16.1 Clause 8(3) of The Consumer Protection (Distance Selling) Regulations 2000 states that the statutory cancellation (cooling-off ) period of seven working days for services, does not apply where performance of that service has already commenced with the customer’s agreement. Once upfront payment has been received we will be in touch with you to arrange a home visit. The home visit signifies the commencement of our services and that the standard cooling-off period does not apply as per clause 8(3) of the Regulations.

IMPORTANT NOTICE

Unless written notice to the contrary is received by Property High Street Limited within five working days of instruction, and where Property High Street Limited continues to act on Your behalf, You will be deemed to have accepted these Terms and Conditions in full