Terms & Conditions
This document (referred to as our 'Terms & Conditions') gives you information about the terms and conditions upon which we agree to offer and provide you with our Services.
We encourage you to print off a copy of this document, read it carefully before you instruct us and refer to it as you use our Services.
We may change the Services:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat.
If we need to make significant changes to the Services and these Terms &Conditions, we will notify you and you may then contact us to end the contract before the changes take effect. In such case, you will be entitled to a refund for any Services paid but not received.
What do words and phrases mean in these terms? 'Account' means your online account that we operate and you control within the Bowes Mitchell Online Platform;
'Administration Charge' means the sum of three hundred and sixty pounds including VAT (£) which is paid by you to cover expenses related to the processing of your instructions and/or other administrative costs; this is in addition to the Service Fee;
'Advert' means how your Property is advertised on the Website and the Bowes Mitchell Online Platform which may include photographs, descriptions, key features and floor plans, subject to the nature of the Services and as we may consider appropriate on a case by case basis;
'Advertisement Period' means 12 calendar months;
'Advertised Rates' means the charges for the standard package of services as advertised on the Website and/or the Bowes Mitchell Online Platform (as they may vary from time to time);
'Completion' means the formal legal completion of the sale of your Property;
'Content' means all of the content, documents, information and matters on or in your Account or contained within the Website and or the Bowes Mitchell Online Platform, whether provided by you or uploaded by us based on information provided by you;
'Conveyancing Services' means the conveyancing services provided by any firm or firms introduced by us to you;
'Deferred Payment Date' means the date where any of the following occurs whichever happens first:
When the legal process for the sale of your Property is complete or Once you withdraw your instructions for us to market your Property; or 6 months from the date when you Instruct us; ‘Extra’ or ‘Extras’ means any of the extra services which may be added to the basic package of services within the Bowes Mitchell Online Platform for an additional cost, as this will be detailed in the Website and/or Bowes Mitchell Online Platform;
'Instruct' means the submission of the order of the Services having paid the Services Fee through the Pay Now option or committed to pay on the basis of the Pay Later option;
'Interruption' means any form of interruption to the ability of Bowes Mitchell Online to provide or operate the Website and/or the Bowes Mitchell Online Platform and/or the or Services;
'Local Property Expert' means the local estate agent appointed by Bowes Mitchell Online for the purpose of providing the Services;
'Bowes Mitchell Online Platform' means the systems and software provided to you (through complimentary or subscribed (following a payment) access) in accordance with these Terms & Conditions to manage the Services;
'Pay Later Terms' means the terms and conditions and/or the agreement you have entered into with the Provider that will be made available for you to read on the Website at the time you choose to Pay Later;
'Pay Later' means the option to pay the Services Fee at a later stage in accordance with the Pay Later Terms which you agree to when you Instruct Bowes Mitchell Online;
'Pay Now' means the option to pay the Services Fee at the point when you Instruct Bowes Mitchell Online;
'Property' means the property you instructed Bowes Mitchell Online to market;
'Provider' means the provider as notified to you through our Website and/or the Bowes Mitchell Online Platform as may be amended from time to time;
'Services' means all and each of the products and/or services offered from time to time by Bowes Mitchell Online to you within the Website and the Bowes Mitchell Online Platform;
'Services Fee' means the fee paid for or committed to be paid by you for the use of the Services, including but not limited to the Advertised Rates and any other fees payable for Extras;
Instructing Bowes Mitchell Online Full details of the Advertised Rates, our fees for Extras and packages of services offered and what is included are detailed on the Website.
All owners of the Property When you Instruct Bowes Mitchell Online you confirm that you do so with the knowledge, consent and agreement of each and all of the legal owners and occupiers and those who have an interest in the marketing and/or sale of the Property. Further, you confirm that you have all relevant authorities and authorisations as are necessary or required to enable you to take advantage of the Services.
Paying us We will only charge you the Services Fee for the provision of the Services and the Administration Charge. We reserve the right to make an additional charge for the costs charged by a credit card company to Bowes Mitchell Online which may be incurred once you pay us for the Services.
Ways to pay We may from time to time offer different methods of payment. You may be given the option to:
If you choose to Pay Now you will be required to provide us with your credit or debit card details and we will obtain approval for an amount up to the amount of the transaction and debit that amount from your card. Billing occurs at the time of, or shortly after your transaction.
Pay Later - IMPORTANT INFORMATION - PLEASE READ
If you choose to Pay Later, we will provide you with the ability to do so only in accordance with the Pay Later Terms. The Pay Later facility is offered to our customers by the Provider under the Provider's terms and conditions which you agree to abide by. If you choose the Pay Later option, you agree that Bowes Mitchell Online can disclose to the Provider such information as may be provided by you on Bowes Mitchell Online Platform during the process to Instruct Bowes Mitchell Online. You also accept that the Provider may from time to time choose to carry out identity and regulatory checks with the information you have provided to us (and the Provider if applicable). Any checks will not appear on your credit history.
If you choose to Pay Later you are obligated to make payment in full of the Services Fee when a Deferred Payment Date occurs.
To use Pay Later you must be a natural person who is also a UK resident. PayLater is not available to companies, businesses, partnerships, charities, trusts and such other organisations that are excluded from time to time as provided in the Pay Later Terms.
When you take advantage of any of our Services we may take certain information from you such as the name on the card, card number, start date, expiry date, security code or issue number. This information will be used to take the agreed payment and will not be stored on our system. This information will be stored by the card merchant and only if you take advantage of Services in the future will you get the choice to use the same card and we will then call for the information from the card merchant. You can choose not to have your card stored should you so wish.
Should you choose to Pay Later and are asked to provide your credit card and bank details we will not store this information but will safely and securely pass this to the Provider who will retain the information in accordance with their terms and conditions.
Terminations, Cancellations and refunds - IMPORTANT INFORMATION - PLEASE READ
Should you wish to end your contract with us, your rights will depend on whether there is anything wrong with the Services, our performance and when you decide to end the contract:
- (a) If what you bought is faulty or misdescribed you may have a legal right to end the contract, see clause 'If there is a problem';
- (b) If you want to end the contract because:
- we have told you about an upcoming change to the Services or these Terms & Conditions which you do not agree to;
- we have told you about an error in the price or description of the Services and you do not wish to proceed;
- there is a risk that the Services may be significantly delayed because of events outside our control;
- we have suspended supply of the Services for technical reasons or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 week; or
- you have a legal right to end the contract because of something we did wrong under these Terms & Conditions; the contract will end immediately and we will refund you in full for the Services not provided to you and you may also be entitled to compensation.
- (c) If you have just changed your mind about the Services, see below under 'Cancellations'. You may be able to get a refund if you are within the cooling-off period but you will not be entitled to a refund of the Administration Charge.
- (d) In all other cases see clause 'when we are not at fault and you may not cancel the contract'. We will make any refunds due to you as soon as possible and no later than 14days of you telling us you have changed your mind in relation to services provided. The Administration Charge shall not be refunded for any reason whatsoever.
Missed Launch Appointments
A launch appointment is where we attend to measure up the property for the floor plans and take photographs for your property listing.
In the event that a launch cannot take place due to access issues or the property not being ready then we will make one further visit free of charge to complete the launch appointment. Further visits will be chargeable at a rate of £ inc VAT.
You can cancel or withdraw any Services within 14 days after the day you Instruct us. However, once we have completed the Services, you cannot cancel the contract, even within this period.
If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind. In this event the Fees applicable for cancellations after we have started the Services are:
- i) Launch Fee - £ inc VAT We, or a 3rd party acting on our behalf, has attended your property to carry out Professional Photography, Laser Measurements and Floorplan.
- ii) Marketing Preparation Fee - £ inc VAT We, or a 3rd party acting on our behalf, has compiled your property details and created a property advert in our System ready for approval. Please note that in the event that we have made your Advert live by advertising it on the Website and/or www.rightmove.co.uk and/or www.zoopla.co.uk, we will for the purposes of these Terms & Conditions have provided you an advertising service which is provided for the Advertised Rates and as such you will not be entitled to a refund of the Advertised Rates.
You can withdraw your Advert at any time by clicking on the ‘remove advert’ icon on your property page in the Bowes Mitchell Online Platform. In certain circumstances you may be able to re-list the property within a designated period after withdrawal. Information on whether you are able to do so and how will be made available at the time of seeking to withdraw/relist your Advert.
You remain liable to pay Bowes Mitchell Online in accordance with the Pay Later Terms should you cancel or withdraw your Advert or any Services. Additional Advertised Rates may be payable to reinstate any removed or suspended Services.
In the event that you cancel your Advert or any Services and have chosen to Pay Later we will notify the Provider as such circumstances will result in payment being collected from you.
If you have taken our accompanied viewings package the fee is non-refundable in the event of cancellation. Even if you have not had any accompanied viewings we will still be deemed to have provided the service by assigning an agent and maintaining their reasonable availability and capacity on your behalf.
If there is a problem
When we are not at fault and you may not cancel the contract
Even if we are not at fault and you do not have a right to change your mind o rcancel (see 'Cancellations' above), you can still end the contract before it is completed but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have no right to cancel, contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Services not provided but we may deduct from that refund (or if you have not paid, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
NOTICE OF THE RIGHT TO CANCEL You may wish to use the form below, however we will accept cancellations by letter, personal visit (to deliver a notice or letter) or email. If sending the notice by post, then you are advised to send it by recorded delivery.
Cancellation is deemed to have started once the notice has been posted or sent by email.
If you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this to the person named below. You may use this form of notice if you want to but you do not have to.
To: Operations Director
I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) wish to cancel my/our (delete as appropriate) contract in relation to the sale/let (delete as appropriate) of my property at ...
Our rights to cancel the Contract
We may end the contract for Services at any time by writing to you if:
(a) You do not make any payment to us or to the Provider when it is due and you still do not make such payment within 14 days when us or the Provider reminded you that payment is due; (b) You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; (c) You have no authority to Instruct us for any reason whatsoever. If we end the contract in the above situations, we will refund any money you have paid in advance for Services not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 7 days in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services not provided.
Providing the Services
We will begin the Services on the date you Instruct us. We are not able to give an estimated completion date for the Services as it depends on completion of the Sale of your Property.
Provided that you have subscribed we will make access to the Bowes Mitchell Online Platform available to you as soon as you Instruct us.
We will supply the Services to you until either the Services are completed or you or us end the contract as provided in these Terms & Conditions.
We are not responsible for delays or Interruptions outside our control. We will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
We may need certain information from you so that we can supply the Services to you. If so, this will have been stated in the Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
We may have to suspend the supply of Services to you to (a) deal with technical problems or make minor technical changes; (b) update the Services to reflect changes in relevant laws and regulatory requirements and (c) make changes to the Services as requested by you or notified by us to you. We will contact you in advance to tell you we will be suspending supply of the Services unless the problem is urgent or an emergency. If we have to suspend the Services for longer than 7 days we will adjust the price accordingly. You may contact us to end the contract if we suspend it or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.
We may also suspend supply of the Services if you do not pay and you still do not make payment of any outstanding amounts of the Services Fee within 14 days of us reminding you that payment is due until you have paid us the outstanding amounts. We may also charge you interest on your overdue payments.
Approving your Advert
Once you Instruct us, a Local Property Expert will create your Advert which will be sent to you for approval as soon as the Advert is available. We always aim to do this as soon as reasonably practicable.
The Consumer Protection from Unfair Trading Regulations 2008, as amended by the Consumer Protection (Amendment) Regulations 2014 require you to disclose any information you are aware of that relates to the Property in a clear, intelligible form and in a timely manner. You must ensure that all descriptions, photographs, floor plans and information uploaded and/or used in any advertising and marketing are accurate, current and are in no way misleading. If any of the information you provide or approve is or is found to be in breach of these terms, it will be removed immediately. You will not be entitled to a refund in respect of Advertised Rates under these circumstances.
If you become aware of any matters that may affect the accuracy of the sales particulars, you agree to advise the Local Property Expert in writing immediately.
Fixtures and Fittings
To comply with the requirements of the Property Misdescriptions Act 1991, all fixtures and fittings that are mentioned in the sales particulars will be deemed included in the sale unless otherwise specified in writing.
Extras are a unique opportunity for you to offer your Property for sale and/or let with certain value added extras.
You can choose to offer any one or more from the list of Extras and you can include a maximum value. You can also change these from time to time or withdraw them.
By adding an Extra to your marketing, you agree to offer that Extra to the purchaser/tenant if an offer is accepted by you. You further agree to be bound by the terms associated with that Extra, as applicable.
Where notified, some Extras are conditional upon you using the ConveyancingServices and by offering that Extra, you agree to use the Conveyancing Services.
Energy Performance Certificate (‘EPC’)
It is a legal requirement for you to have commissioned an EPC before we are able to start the marketing of your Property. It is your responsibility to ensure that you have a valid and up to date EPC in place before your Advert goes live. The Bowes Mitchell Online Platform will prompt you about the obtaining of an EPC and will not let you publish the Advert until you have either provided an EPC or ordered one from us.
If you have an EPC that has been supplied to you by a third party, the terms of that supply must include the right for us or a third party employed by us to use the EPC in order to meet our legal obligations. In the event of any third party seeking damages from us or a third party engaged by us on the grounds that our use of the EPC to meet our legal obligations has infringed their rights, you will be liable for any costs and damages we and/or a third party engaged by us incur.
Advertising and Marketing
We will advertise and market your Property and the Content for the Advertisement Period on such property portals, websites or publications as we consider to be the most effective at securing interest on your property from potential purchasers and 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.
For Sale Boards
Where you instruct Bowes Mitchell Online to sell your property, we will arrange for one ‘ForSale’ board to be erected free of charge (if included as part of the Services). All subsequent boards will be charged at the Advertised Rates in force from time to time and published on the Bowes Mitchell Online platform.
Where we provide a complimentary ‘For Sale’ board:
All boards shall belong to Bowes Mitchell Online although it is your responsibility to ensure they are safe and secure and preserved for collection once the property is sold or is withdrawn from the market; If we cannot collect a board that we are able to use again we will charge you to replace the board at the rates in force at that time. Under current legislation only one board is permitted per Property and you agree not to allow the display of any other For Sale board at the same time.
At the end of your contract, you agree that we shall be able to collect the 'For Sale' board without any further permission from you.
Subject to Interruption we will arrange and record viewings through the Bowes Mitchell Online Platform. You will be notified immediately once a viewing is booked. We will provide you with the name of the person(s) who wish to view together with the date and time.
If Bowes Mitchell Online are conducting the viewings on your behalf, you will still be notified of the above information.
If you take advantage of the viewings service offered by Bowes Mitchell Online, we will conduct up to 15 accompanied viewings for a fixed price as advertised from time to time. Under these circumstances, it is still your responsibility to ensure that the Property is ready and prepared for the viewing, is in a safe condition and that the Local Property Expert has access to the Property at the date and time of the viewing.
In the event we have conducted a large number of viewings on your behalf and you have received regular feedback to suggest that the price of the property is too high, we will want to conduct a marketing review call to discuss the best way forward. We reserve the right to withdraw the viewings service at any time but only where we consider that it is unreasonable to expect Bowes Mitchell Online to continue to accompany viewings taking into account the number of viewings and the feedback received. You shall not be entitled to a refund of the Advertised Rates under these circumstances.
If you take advantage of the viewings service offered by Bowes Mitchell Online you shall supply Bowes Mitchell Online with two sets of keys for all lockable doors, cupboards and areas that form part of the Property. We shall store these in a safe and secure locked cabinet.
If your Property is empty, you shall ensure that you conduct regular security and condition checks from time to time. Bowes Mitchell Online shall not be responsible for doing so.
Recording your viewing availability
Subject to Interruption, if you have chosen to conduct your own viewings you may enter details into the Bowes Mitchell Online platform of when you are available. This will enable people who want to view, to choose a date and time to suit them. You will be notified when a viewing is booked. Where a viewing is requested outside of this availability, the Bowes Mitchell Online Platform will ask that you confirm the viewing. It is your responsibility to do this immediately.
We will request feedback from every person who has viewed or was due to view your property. The Bowes Mitchell Online Platform will prompt them for feedback at least three times unless they confirm that they do not wish to provide feedback. You can track these requests in the Bowes Mitchell Online Platform.
The feedback will be immediately available in your Account as soon as it has been provided and will be exactly as provided by the person concerned. The Bowes Mitchell Online Platform is the most transparent for providing information.
Subject to Interruption we will report offers to you immediately when they are made via the Bowes Mitchell Online Platform. The nature, extent, position of the potential purchaser or tenant and desire to proceed, will be requested and provided to you automatically as the offer is made.
We will make such reasonable checks as are possible to ensure the offer made meets our criteria for a sale or let to proceed.
The information will always be made available exactly how it is provided by the potential purchaser or tenant through the Bowes Mitchell Online Platform.
You will get a choice whether to accept the offer, reject the offer, reject and negotiate. You will get to choose one of these options each time you receive an offer.
Provision of personal information
In the event that you choose to Pay Later we will disclose to the Provider such information as we request from you on the Bowes Mitchell Online Platform when you Instruct Bowes Mitchell Online and when any event should occur that represents a Deferred Payment Date.
We will always inform you as soon as we become aware of anyone making an offer for your Property that is in any way connected with Bowes Mitchell Online; whether they are employed, a contractor, family member or providing services to us.
In the event that you are aware of any personal interest from anyone connected with Bowes Mitchell Online you should notify us immediately. We will then make such enquiries as we consider necessary and provide you with a notification in writing of the nature of the personal interest. You will have the sole discretion to decide whether you wish to deal with the person or persons concerned. We will never knowingly permit any offer to be made or sale agreed with someone connected to Bowes Mitchell Online unless we have provided you with written notice. This written notice will ordinarily be displayed when you review the offer.
Before your Advert is published, Bowes Mitchell Online will ask you whether you are in any way connected with Bowes Mitchell Online; whether you are employed, a contractor, family member or providing services to us. This will be disclosed to all potential purchasers or tenants.
You agree that the Local Property Expert may mention the Property (but your name or identity) for general advertising purposes following the sale.
Third party companies
We will introduce to you, the buyer or any prospective buyer (where we deem appropriate and/or necessary) third party services ('Third Party Services') such as mortgages, insurance, letting services and conveyancing but only where we reasonably believe that the Third Party Services being provided are in the best interests of you, the buyer or prospective buyer and further that the third party companies are capable and required to, provide an exceptional service.
We may receive commission for introducing you but only when you agree to take advantage of such products or services. You may decide of your own free will and we will never pressurise or require you to use such products or services. You hereby expressly agree and accept that in the event that we introduce a product or service from a third party company that we may accept a payment or commission as a result of that introduction.
Where requested, we will instruct on your behalf third parties to conduct some of the services advertised by Bowes Mitchell Online. Whilst we will make all reasonable efforts to ensure that they continue to provide an exceptional service we cannot accept liability for the conduct and service of those third parties acting on your behalf.
Availability of the Services
Whilst we will make all reasonable efforts to ensure that the Services are available at all times, Bowes Mitchell Online does not guarantee, represent or warrant that your access to any of the Services will be uninterrupted or error-free.
We will always make all reasonable efforts to ensure that all Content submitted by you to us will be secure. We cannot guarantee that the Bowes Mitchell Online Platform, Services, or the Website will be free from loss, corruption, attack, viruses, ‘worms’, ‘trojan horses’ or other harmful components, or from interference, hacking or other security intrusions. You should be sure to back up your own system periodically to ensure that all Content available to you and located within your Account, is available to you in the event of any loss or damage as Bowes Mitchell Online reserves the right to remove or suspend all or any part of the Content, at any time in accordance with these terms. We shall have no responsibility whatsoever in relation to the listing of your Advert and/or the availability of the Services on www.rightmove.co.uk or www.zoopla.co.uk or any other third party websites or property portals we may advertise your Property on as this may be included in the Services.
The Property Ombudsman
We are members of the TPO Scheme and abide by the TPO Code of Practice. You agree that, in the event of your making a complaint to the TPO or to the TPO redress scheme, we may disclose information relating to the sale of your property to the Ombudsman. You also agree that we may disclose your contact details to TPO Ltd (who are responsible for running the TPO Scheme) to assist them in their monitoring of our compliance with the TPO Code of Practice.
Limitation of liability
If we fail to comply with these Terms & Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
If we are providing services to your Property, we will make good any damage to your Property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your Property that we discover while providing the Services.
Any products provided to you are only for private use. We shall not be liable for any loss of profit, loss of business, business interruption or loss of business opportunity if these are used for commercial or business purpose.
How we may use your personal information
We will use your personal information you provide to us:
(1) to supply the Services to you; and (2) to process your payment for the Services. We will pass your personal information to the Provider where you opt to Pay Later.
Other important terms
We may transfer our rights and obligations under these Terms and conditions to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us with 14 days of us telling you about it and we will refund you any payments you have made in advance for Services not provided.
You will need our prior written consent to transfer your rights to someone else.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force.Each of the paragraphs of these terms operates separately. If any court or relevant authority decided that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. For example if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
These Terms and Conditions are governed by the laws of England and Wales. We both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales which means that you may bring a claim to enforce your consumer protection rights in connection with these terms in England and Wales or in the European Union country in which you live.