TERMS AND CONDITIONS

Please read all these terms and conditions.


As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.  If you are not sure about anything, just phone us on  01923883627.  

 

Application


1. These Terms and Conditions will apply to the purchase of the services by you
(the Customer or you). We are Home Hertfordshire Ltd a company registered in England and
Wales under number 12157177 whose registered office is at Arquen House,  4-6 Spicer Street,  St
Albans, Hertfordshire, AL3 4PQ   with  email address property@homeherts.co.uk;   telephone
number 01923883627; (the Supplier or us or we).


2. These are the terms on which we sell all Services to you.  Before placing an order on the Website, you
will be asked to agree to these Terms and Conditions by clicking on the button marked "Yes". If you do not click on the button, you will not be able to complete your Order.  You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation


3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade,
business, craft or profession;


4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Delivery Location means the Supplier's premises or other location where the Services are to be
supplied, as set out in the Order;


6. Durable Medium means paper or email, or any other medium that allows information to be addressed
personally to the recipient, enables the recipient to store the information in a way accessible for future
reference for a period that is long enough for the purposes of the information, and allows the
unchanged reproduction of the information stored;


7. Goods means any goods that we supply to you with the Services, of the number and description as set
out in the Order;


8. Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;


9. Privacy Policy means the terms which set out how we will deal with confidential and personal
information received from you via the Website;


10. Services means the services advertised on the Website, including any Goods, of the number and
description set out in the Order;


11. Website means our website www.homehertfordshire.com on which the Services are advertised.

Services


12. The description of the Services is as set out in the Website, catalogues, brochures or
other form of advertisement. Any description is for illustrative purposes only.


13. In the case of Services made to your special requirements, it is your responsibility to
ensure that any information or specification you provide is accurate.


14. All Services which appear on the Website are subject to availability.


15. We can make changes to the Services which are necessary to comply with any applicable law or
safety requirement. We will notify you of these changes.

Customer responsibilities


16. You must co-operate with us in all matters relating to the Services, provide us and our authorised
employees and representatives with access to any premises under your control as required, provide us
with all information required to perform the Services and obtain any necessary licences and consents
(unless otherwise agreed).


17. Failure to comply with the above is a Customer default which entitles us to suspend performance of
the Services until you remedy it or if you fail to remedy it following our request, we can terminate the
Contract with immediate effect on written notice to you.

Personal information


18. We retain and use all information strictly under the Privacy Policy.
19. We may contact you by using e-mail or other electronic communication methods and by pre-paid
post and you expressly agree to this.

Basis of Sale


20. The description of the Services in our website does not constitute a contractual offer
to sell the Services. When an Order has been submitted on the Website, we can reject it for
any reason, although we will try to tell you the reason without delay.


21. The Order process is set out on the Website. Each step allows you to check and amend any errors
before submitting the Order. It is your responsibility to check that you have used the ordering process
correctly.


22. A Contract will be formed for the Services ordered only when you receive an email from us
confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete
and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in
the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by
means of an email with all information in it (ie the Order Confirmation). You will receive the Order
Confirmation within a reasonable time after making the Contract, but in any event not later than the
delivery of any Goods supplied under the Contract, and before performance begins of any of the
Services.

23. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of  30  days  from
its date, unless we expressly withdraw it at an earlier time.


24. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be
made after it has been entered into unless the variation is agreed by the Customer and the Supplier in
writing.


25. We intend that these Terms and Conditions apply only to a Contract entered into by you as a
Customer.

Fees and Payment


26. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any
additional delivery or other charges is that set out on the Website at the date we accept the Order or
such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on
a standard daily rate basis.


28. You must pay within 7 days of the Service being delivered. Home Hertfordshire Ltd will invoice the
Customer for the agreed fee payable by debit/credit card or bank transfer.

Delivery


29. We will deliver the Services by the time or within the
agreed period or, failing any agreement:


30. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you
can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a
refund for anything already paid above the reduced amount). The amount of the reduction can, where
appropriate, be up to the full amount of the Fees or charges.


31. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can (in addition to any other remedies) treat the Contract at an end if:


a. we have refused to deliver the Services.


32. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all
payments made under the Contract.


33. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from
cancelling the Order for any Services.


Cancellation


34. If the viewing appointment is cancelled with less than 3 hours notice, the full charge as indicated on
the Website will be applied. Cancellations are valid by calling or emailing us.


35. If the viewer does not attend the viewing/No Show, a standard fee of £30 per 30 minute
appointment will be charged.


Services (additional information)


36. We will provide the following after-sales service: The supplier will provide information on the
viewing including feedback from the viewer.


37. In relation to the Services, anything we say or write to you, or anything someone else says or writes
to you on our behalf, about us or about the Services, is a term of the Contract (which we must
comply with) if you take it into account when deciding to enter this Contract, or when making any
decision about the Services after entering into this Contract. Anything you take into account is
subject to anything that qualified it and was said or written to you by us or on behalf of us on the
same occasion, and any change to it that has been expressly agreed between us (before entering this
Contract or later).

Duration, termination and suspension


38. The Contract continues as long as it takes us to perform the Services.

39. Either you or we may terminate the Contract or suspend the Services at any time by a written notice
of termination or suspension to the other if that other:


a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and
the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.


40. On termination of the Contract for any reason, any of our respective remaining rights and liabilities
will not be affected.

Successors and our sub-contractors


41. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the
other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors
who it chooses to help perform its duties.

Circumstances beyond the control of either party

 

42. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act
reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but
this will not affect the Customer's above rights relating to delivery (and the right to cancel below).

 

Privacy


43. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection
Regulation with regard to your personal information.


44. These Terms and Conditions should be read alongside, and are in addition to our policies, including
our privacy policy and cookies policy.


45. For the purposes of these Terms and Conditions:


Data Protection Laws means any applicable law relating to the processing of Personal Data,
including, but not limited to the GDPR.
b. GDPR; means the UK General Data Protection Regulation.
c. Data Controller; ;Personal Data, and Processing shall have the same meaning as in the GDPR.


46. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to
you.


47. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process
that Personal Data in the course of providing the Services and Goods to you, we will comply with our
obligations imposed by the Data Protection Laws:


a. before or at the time of collecting Personal Data, we will identify the purposes for which
information is being collected;
b. we will only Process Personal Data for the purposes identified;

c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.


48. For any enquiries or complaints regarding data privacy, you can e-mail: property@homeherts.co.uk.

 

Excluding liability


49. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal
injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made.

Governing law, jurisdiction and complaints


50. The Contract (including any non-contractual matters) is governed by the law of England and Wales.


51. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the
Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern
Ireland.


52. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers
should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.


53. We aim to follow these codes of conduct, copies of which you can obtain as follows:  Property
Redress Scheme

 

Model cancellation Form


To Home Hertfordshire Ltd Arquen House  4-6 Spicer Street  St Albans, Hertfordshire AL3 4PQ

Email address: property@homeherts.co.uk Telephone number: 01923883627  I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following services [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received) Name of consumer(s): Address of consumer(s):
 

______________________________________________________
Signature of consumer(s) (only if this form is notified on paper)
 

______________________________________________________
Date
[*] Delete as appropriate.