All and any Services provided to you by Abode Global Ltd, Adore Properties Limited and its franchisees (“Adore Properties”, “we” or “us”) will be subject to the terms and conditions set out in this Agreement. Please ensure that you read this Agreement carefully before using any Services. If you do wish to question anything in this Agreement, please contact us at bolton@adoreproperties.co.uk
1. Definitions
In this Agreement:
1.1. “Buyer” means the person who buys the Property
1.2. “Charges” has the meaning given to such term in clause 4.2.
1.3. “Completion Date” means the date on which completion of the sale/purchase of the Property ccurs.
1.4. “Fees” means the price payable in respect of each and any Service, the details of which are set out on the Website.
1.5. “Pay Now” has the meaning given to such term in clause 6.1.
1.6. “Pay Later” has the meaning given to such term in clause 6.1.
1.7. “Pay on Sale” has the meaning given to such term in clause 6.1.
1.8. “Property” means any property in relation to which you purchase Services from Adore Properties.
1.9. “Services” means all and any products and/or services offered from time to time by Adore Properties, full details of which are set out on the Website.
1.10. “Third Party Services” means all and any services offered by third parties which may include, without limitation, financial, insurance, conveyancing and utility switching services.
1.11. “Website” means www.adoreproperties.co.uk
2. General
2.1. You will be deemed to accept this Agreement on the earlier of the following events:
2.1.1. your ticking of an acceptance box on the Website; or 2.1.2. your payment for any Services. 2.1.3. Any alternative form of electronically recorded acceptance using telephony or messaging technology;
2.2. You should be aware that Adore Properties may make changes to this Agreement without notice to you at any time. In the event that we need to make changes to this Agreement, we will publish an amended version of this Agreement on our Website. It is your responsibility to check the Website for any such changes and you agree to be bound by such changes if you continue to use the Services.
2.3. From time to time, we may provide you with additional terms of use. You agree to be bound by such additional terms which will form part of this Agreement as if set out in full here.
2.4. This Agreement is governed by and should be read in conjunction with the laws of England and Wales. You and Adore Properties agree to the exclusive jurisdiction of the courts of England and Wales should any dispute between us arise.
3. Our Services
3.1. Available Services
3.1.1. Full details of the Services offered by Adore Properties from time to time are available on the Website.
3.1.2. Adore Properties may amend or withdraw the Services from offer to the public at any time. Details of such amendment or withdrawal will be publicised on the Website. This will not affect the provision of any Services which Adore Properties has agreed to supply to you following the acceptance of an order pursuant to clause 3.2 below.
3.1.3. Whilst we will make all reasonable efforts to ensure the Services are available at all times, Adore Properties does not guarantee, represent or warrant that access to any of the Services will be uninterrupted or error-free.
3.2. Orders
3.2.1. You may submit an order to Adore Properties for the Services at any time through the Website or via telephone correspondence with the Adore Properties sales team. Adore Properties may accept or reject such order in its absolute discretion. If the order is accepted by Adore Properties, we will supply the Services specified therein on the terms of this Agreement.
3.2.2. When you submit an order for Services you confirm that:
3.2.2.1. Each person and/or entity with a legal or beneficial interest in the property, including (if applicable) each current occupier, is aware of and has consented to your actions; and
3.2.2.2. You have obtained all relevant consents and authorisations from any relevant authority as are required to enable you to take advantage of the Services.
3.3. You accept that the Adore Properties may from time to time choose to carry out identity and regulatory checks with the information you have provided to us. Any checks will not appear on your credit history.
3.4. Property Advertisement
3.4.1. The provision of any Service which involves the advertisement of your Property by Adore Properties (“Advertising Services”) will be subject to the following terms and conditions.
3.4.2. Advertising Services
Adore Properties will advertise and market your property on such property portals, website or publications as we consider to be the most effective at securing interest on your property from potential purchasers or tenants in our absolute discretion. We may withdraw or no longer take advantage of the services of such property portals, websites or publications at our absolute discretion.
3.4.3. Property Information
You take full responsibility for the accuracy, completeness and veracity of any information provided to Adore Properties and published on the Website in relation to any Property (“Property Information”).You agree to promptly inform Adore Properties of:
a) Any inaccuracies in the Property Information; and
b) Any material changes which may affect the Property Information.
3.4.4. Energy Performance Certificate
You acknowledge that it is a legal requirement for you to have an Energy Performance Certificate (“EPC”) in order to advertise and market your Property. It is your responsibility to secure a valid and up to date EPC, which you will provide to Adore Properties within seven (7) days of any advertisement in respect of your Property being published.
3.4.5. Home Report
You acknowledge that it is a legal requirement for you to provide a Home Report in respect of any property situated in Scotland, in order to advertise and market your Property. It is your responsibility to commission a valid Home Report, which you will provide to Adore Properties prior to any advertisement in respect of your Property being published.
3.4.6. Adore Properties Home Visits
You are entitled to one home visit per Property in respect of which you have purchased Advertising Services, to conduct photographs and floor plans for marketing purposes in respect of your Property. Any additional visits may incur an additional Charge in accordance with clause 4.2.1. You hereby authorise a representative of Adore Properties to have access to your Property for the purpose of carrying out such home visit.
3.5. Conveyancing Referral Services
3.5.1. The provision of any Service which involves the referral by Adore Properties of conveyancing services offered by third parties (“Conveyancing Referral Services”) will be subject to the following terms and conditions.
3.5.2. Allocation
On purchase of a Conveyancing Referral Service, Adore Properties will refer you to a firm to carry out your conveyancing (the “Conveyancing Firm”). The choice of firm will be at the absolute discretion of Adore Properties, save that Adore Properties will only refer you to Conveyancing Firms which are registered with the Law Society of England & Wales as being entitled to practise law within the jurisdiction of England & Wales or will be registered with the Council of Licensed Conveyancers, and have at least two million pounds (£2,000,000) of professional liability insurance.
3.5.3. Contractual Relationship
The Conveyancing Firm will be your conveyancers and you will be their client; this relationship will be subject to the protection afforded by the rules and procedures of the Law Society of England and Wales or the Council of Licensed Conveyancers. Adore Properties will not be responsible for providing any conveyancing services and makes no representations or warranties as to the services provided by the Conveyancing Firm, and accepts no liability for the conduct of the Conveyancing Firm. The provision of such services will be governed by the separate agreement entered into by you with the Conveyancing Firm for the delivery of those services.
3.5.4. Fees and Included Services
On purchase of a Conveyancing Referral Service, you will pay a single Fee in respect of the following:
a) standard conveyancing services to be undertaken by the Conveyancing Firm (a list and explanation of the scope of such services can be provided to you on request); and
b) a referral fee of up to a maximum amount of five hundred pounds £500 (including VAT) per Property to Adore Properties from the Conveyancing Firm in respect of referring you to use their conveyancing services.
In the case that Adore Properties collect the fee you hereby authorise Adore Properties to hold all Fees paid in respect of the conveyancing services on trust for you until such time as the Conveyancing Firm requests payment, at which point Adore Properties will be authorised to transfer all such Fees to the Conveyancing Firm.
3.5.5. Fees and Excluded Services
The Fees payable to Adore Properties on purchase of a Conveyancing Referral Service do not include the following, in respect of which additional charges may be payable to the Conveyancing Firm:
a) work and services required over and above the standard conveyancing services (a list and explanation of the additional charges can be provided to you on request); and
b) required payments to third parties (disbursements) including (without limitation), stamp duty, land registry fees, and fees for searches.
3.5.6. Cancellation/Refund Policy
In the event that you wish to cancel a purchased Conveyancing Referral Service, the following terms and conditions will apply to the exclusion of any other cancellation and/or refund terms provided in this Agreement.
If you have chosen to pay for the Conveyancing Referral Services on a Pay Now basis, the following refund policy will apply:
a) If no conveyancing services have been carried out by the Conveyancing Firm, you will be entitled to a full refund;
b) If the case has been opened by the Conveyancing Firm and any work has been undertaken in relation to your Property by the Conveyancing Firm, you will be entitled to a 50% refund.
c) If a draft contract has been produced by the Conveyancing Firm, full payment is due and you will not be entitled to any refund. If you have chosen to pay for the Conveyancing Referral Services on a Pay Later basis, the refund policy may be implemented by cancelling any loan that acted as payment for the Order.
Notwithstanding the above, you acknowledge and agree that in no circumstance will you be entitled to any interest that may have accrued on any Fee payments from the date of payment to the date of refund.
3.5.7. Lawyers Referral Code
3.5.7.1. You hereby acknowledge that Adore Properties is fully compliant with the Solicitors’ Introduction and Referral Code published by the Law Society and the Rules and Regulations detailed by the Council for Licensed Conveyancers. To the best of our knowledge, all professionals on our panel are independent firms from whom you will receive impartial and confidential advice.
3.5.7.2. The Law Society and Council for Licensed Conveyancers allows firms to make agreements with their introducing sources for referral cases. Such agreements must comply with a code known as the Solicitors Code of Conduct (2011). The Code contains strict rules which are designed to safeguard your interests as the customer. Adore Properties, and the firms on our panel, have a formal agreement under the Solicitors Code of Conduct.
3.6. Third Party Services
From time to time, Adore Properties may advertise Third Party Services to you in return for which Adore Properties may derive commission. Adore Properties makes no representations or warranties as to the Third Party Services, and accepts no liability for the conduct of such third parties. Should you wish to purchase Third Party Services, the provisions of such Third Party Services will be governed by the agreement signed with the third party for the delivery of those services.
4. Fees and Charges
4.1. Fees
All Fees are as advertised on the Website, are inclusive of VAT and will be confirmed by Adore Properties at the time you submit an order for any Service.
4.2. Charges
In addition to the Fees payable in respect of any ordered Service, Adore Properties reserves the right to charge additional fees (together the “Charges”) in the following circumstances:
4.2.1. If you request additional services beyond the scope of the Services; or
4.2.2. If you cancel any scheduled media visit to your property after 5pm on the day before the appointment is due to commence.
The amount of any Charge will be determined by Adore Properties in accordance with reasonable industry practice and notified to you accordingly. In the case of a cancelled media visit, or a cancelled Order on which a media visit was completed, the amount with be £120 inclusive of VAT.
5. Disclaimer
5.1. Information held on the Website and elsewhere is intended for your general information and, as such, should only be treated as a guide. Adore Properties has used all reasonable endeavours to ensure the accuracy and completeness of the Website. We do not give any representations, assurances, undertakings or warranties about the accuracy, correctness or fitness for purpose regarding the site or any website referred to by it (a “Third Party Site”). You should seek appropriate professional advice before taking any action based on any information held on the Website.
5.2. Adore Properties does not approve or endorse any information contained on any Third Party Site, including those of any providers of Third Party Services advertised by Adore Properties, and accepts no responsibility or liability for this information or its content.
5.3. Adore Properties, its suppliers or other third parties mentioned on this site will not be liable for any damages arising out of the use, inability to use, or results of use of the Website, any web sites linked to this site or any material or information contained on the Website.
5.4. The contents of the Website, its hard copy documentation and media files are the copyright of Adore Properties. You may make copies for your personal use only. You are not permitted to copy, distribute or use its contents in any other way without our prior written consent.
5.5. Fee comparisons and statements made by Adore Properties relating to fee savings compared to third parties are formulated using average house price data published by the UK government, industry bodies and private financial institutions, and are calculated using average alternative estate agency fee data as published from time to time by respected industry and government sources including the Office of Fair Trading.
6. Payment
6.1. Payment Date
In respect of certain Services (as detailed on the Website), Adore Properties offers you the choice to pay Fees and Charges either at the point of order (“Pay Now”) or only upon exchange of contracts for the sale or leasing of the Property (“Pay on Sale”), subject to the conditions as set out within this Agreement. In the absence of any express indication to the contrary, all Fees and Charges must be paid on the Pay Now basis.
6.1.1. Pay Now
The following terms and conditions apply to Services provided on the Pay Now basis. You agree to pay all Fees on submitting an order for any Services.
6.1.2. Pay on Sale
The following terms and conditions apply to Services provided on the Pay on Sale basis:
a) Adore Properties shall provide Advertising Services for a period of 6 months commencing on the date on which the Property is first listed for sale (“Pay on Sale Period”).
b) At the end of the Pay on Sale Period, Adore Properties shall be under no further obligation to provide any further Advertising Services, but shall have the right to elect, at its sole discretion, to continue to provide Advertising Services for an additional period of up to 6 months (“Extended Pay on Sale Period”)
c) You agree that Adore Properties shall be your sole and exclusive agent for a period of 13 weeks commencing on the date on which the Property is first listed for sale (“Sole Agency Period”).
d) The applicable Fees and Charges shall become payable on the earliest of the following events:
i. if at any time contracts for the sale of the Property are exchanged with a Buyer introduced by Adore Properties during the Pay on Sale Period, or with whom Adore Properties had negotiations about the Property during the Pay on Sale Period; or
ii. if applicable, if at any time contracts for the sale of the Property are exchanged with a Buyer introduced by Adore Properties during the Extended Pay on Sale Period, or with whom Adore Properties had negotiations about the Property during the Extended Pay on Sale Period; or
iii. a Buyer is introduced by another agent during the Sole Agency Period; or
iv. after the Pay on Sale Period has ended, an individual that was introduced by Adore Properties or with whom Adore Properties negotiated about the Property during the Pay on Sale Period becomes the Buyer of the Property.
e) The Fees and Charges must be paid out of the completion monies relating to the sale or leasing of the Property before any other disbursements, except solicitors’ or conveyancers’ fees. Payment of the Fees and Charges shall be made on your behalf by your solicitors/conveyancer, and you are responsible for ensuring that they are fully aware of this. Your acceptance of these terms and conditions authorises your solicitor/conveyancer to settle Adore Properties’s account in accordance with this Agreement.
f) In the event that your appointed solicitor/conveyancer does not pay the Fees and Charges then you are liable to settle the amount to us on the Completion Date.
g) Upon commencement of the Pay on Sale Period or Extended Pay on Sale Period, you shall not be entitled to transfer to Services provided on the Pay Now basis.
6.2. Payment Method
6.2.1. Payments may be made by credit or debit card. Adore Properties does not accept any liability if payment is refused, or declined, by the debit or credit card supplier.
6.2.2. In respect of online payments only, Adore Properties will confirm that your payment has been successful through an online confirmation screen and (if you have supplied a valid e-mail address) by confirmation email. Please keep a note of the transaction receipt number, as you will need to quote this if you have any queries with your payment.
6.3. Security
6.3.1. The company provides a secure online payments facility, fully managed to Level 1 approval in line with the Payment Card Industry (PCI) requirements. Once you click on the link to make a payment you will be re-directed to a fully hosted secure managed environment. All information that you send will be fully 128 bit encrypted.
6.3.2. The online payment service is fully managed externally by Paypal, Braintree and Adore Properties does not hold any card details on any of its servers or within its infrastructure. Adore Properties does not have any access to your card details on the managed service.
6.3.3. The online payments system complies with all industry financial security requirements and Adore Properties will continue to enhance the application to the highest security standards.
6.4. Payment Issues
6.4.1. In the event that you believe that you have been billed in error, you must notify Adore Properties immediately upon becoming aware of the discrepancy. We will review all such notifications and, if in agreement with your assessment, will issue a refund in respect of the incorrect charge.
6.4.2. If you should have any difficulties with the payment process you can contact the company at any of the following:
Email: bolton@adoreproperties.co.uk
Post: Adore Properties Limited, 87 Church Street, Westhoughton, Bolton, BL5 3RZ
7. Cancellation and Refunds
7.1. From the point of order of the Services, you are entitled to a 14 (fourteen) day cooling-off period (“Cooling Off Period”) during which you may cancel the Services and (subject to the below) receive a full refund for any Fees or Charges paid. Adore Properties shall not commence Services unless requested to do so by you. In the event that Adore Properties has provided you with Services during the Cooling Off Period (at your request), any refund will be adjusted to reflect the cost of Services provided up until cancellation, in accordance with the following
a) media visit – £240 (incl. VAT)
b) EPC certificate – £108 (incl. VAT)
7.2. Following the Cooling Off Period, you are entitled to cancel the Services at any time but will not be entitled to any refund, irrespective of whether the Services ordered have been performed.
8. Feedback Comments and Complaints
8.1. The company welcomes your feedback and comments about Adore Properties and its products. If you wish to supply any feedback please email bolton@adoreproperties.co.uk.
8.2. Complaints – https://adoreproperties.co.uk/legal/complaints-procedure/ We are members of the Property Ombudsman Scheme and follow their Code of Practice. The Code and Consumer Guide are available from www.tpos.co.uk. In the event that you have a complaint please discuss it with the Branch Manager. All written complaints will be acknowledged, initially investigated and we will respond within fifteen working days. Any correspondence must be sent to Adore Properties Limited, 87 Church Street, Westhoughton, Bolton, BL5 3RZ or emailed to bolton@adoreproperties.co.uk. In the unlikely event that the complaint can not be resolved the seller has the right of referral to the TPO.
ADORE PROPERTIES LTD IN-HOUSE COMPLAINTS PROCEDURE
We are committed to providing a professional service to all our clients and customers. When something goes wrong, we need you to tell us about it. This will help us to improve our standards.
We will where appropriate, make reasonable adjustments for consumers who might be disadvantaged because of factors such as their age, infirmity, disability, lack of knowledge, lack of linguistic or numeracy ability, economic circumstances, bereavement or do not speak English as a first language
If you have a complaint, please put it in writing, including as much detail as possible. We will then respond in line with the timeframes set out below (if you feel we have not sought to address your complaints within eight weeks, you may be able to refer your complaint to the Property Ombudsman to consider without our final viewpoint on the matter).
What will happen next?
• We will send you written acknowledgement of the receipt of your complaint within three working days of receiving it, enclosing a copy of this procedure.
• We will then investigate your complaint. This will normally be dealt with by the office manager who will review your file and speak to the member of staff who dealt with you. A formal written outcome of our investigation will be sent to you within 15 working days of receipt of the original complaint.
• If, at this stage, you are still not satisfied, you should contact us again and we will arrange for a separate review to take place by a senior member of staff.
• We will write to you within 15 working days of receiving your request for a review, confirming our final viewpoint on the matter.
• If you are still not satisfied with our final viewpoint (or more than 8 weeks has elapsed since the complaint was first made) you can request an independent review from The Property Ombudsman without charge.
The Property Ombudsman
Milford House
43-55 Milford Street
Salisbury
Wiltshire
SP1 2BP
01722 333 306
admin@tpos.co.uk
www.tpos.co.uk
Please note the following:
You will need to submit your complaint to The Property Ombudsman within 12 months from the date of our final viewpoint , including any evidence to support your case.
The Property Ombudsman requires that all complaints are addressed through this in-house complaints procedure, before being submitted for an independent review.
Client money protection for landlords and tenants
Adore Properties Limited is a member of Client Money Protect