Terms and Conditions

TERMS AND CONDITIONS
 
DEFINITIONS
 
1. In these Terms and Conditions:-

“A-Private-Sale” means Alexandra Associates Limited of 48 Lyndon Road, Manton, Oakham, Rutland, LE15 8SR t/a A-Private-Sale and utilising the website http://www.a-private-sale.com

“Seller (Vendor)” means all persons using the site to advertise properties for sale

“Site” means the property advertising services provided by the/this website

“User” means all persons (other than the Seller) accessing the Site and using any information therefrom

"The Property" means any property offered for sale using A-Private-Sale and the Site

"Commission" means ½% of the sale price of The Property advertised plus VAT

SELLERS

THE CONTRACT

2. The contract between A-Private-Sale and the Seller for use of the Site incorporates these Terms and Conditions.

SELLER’S OBLIGATIONS

3.1 The Seller warrants that the Seller has the legal right to sell The Property and the details provided in respect of The Property are true and accurate in all respects and the Seller owns the copyright in the property details and/or photographs supplied for publication on the Site

3.2 The Seller permits A-Private-Sale to publish details of the property in such arrangement and format as A-Private-Sale shall determine in its absolute discretion.

3.3 The Seller will indemnify A-Private-Sale against any claims arising from the breach of any of these obligations.

3.4 The Seller will answer promptly any enquiries received from and as a result of advertising on A-Private-Sale.

3.5 The Seller's submission of photographs and details for inclusion of their property on A-Private-Sale will be construed as acceptance of these terms and conditions in their entirety.

3.6 The Seller shall advise A-Private-Sale in writing within 48 hours of the property having been sold, subject to contract and shall also advise A-Private-Sale of the completion of the sale as soon as it is known.

3.7 The Seller shall make payment (or instruct their solicitor to make payment) to A-Private-Sale on the day of completion for the Commission due upon completion of the sale of The Property for all sales arising from advertisement of the Site.

3.8 Should payment of the commission not be made on the date of completion of the sale of The Property a late payment fee of £100 plus VAT shall become payable together with interest thereon at the daily rate of 2% above base rate of the Bank of England.

3.9 The Seller agrees and accepts that they have not and will not sign a sole agency contract with any Estate Agency whilst they are advertising The Property on A-Private-Sale.

COPYRIGHT

4.1 The Seller grants a copyright licence to A-Private-Sale for the duration of the contract to advertise the Property on the Site.

4.2 A-Private-Sale holds legal ownership of the copyright of all information about the property appearing on the site which must not be reproduced without the consent of A-Private-Sale save that the Seller is permitted to print hard copies of the material for the Seller’s personal use when required to promote the sale of the property.

THE SITE

5.1 A-Private-Sale will use reasonable endeavours to maintain the availability of the Site but shall not be liable for any level of availability or failure of the Site for reasons beyond its control.

5.2 A-Private-Sale reserves the right to interrupt the service to carry out essential maintenance or upgrades.

5.3 A-Private-Sale is not acting as an agent for the Seller and the Site will refer all enquiries or requests for further information to the Seller.

5.4 The maximum liability for any loss arising from the negligence of A-Private-Sale will be limited to a sum equal to the value of the advertising fee received.

5.5 A-Private-Sale shall not be under any liability to the Seller caused by or arising from software defects or viruses.

PRIVACY

6. A-Private-Sale will only use information collected from a Seller in accordance with the Data Protection Act 1998 without the Seller’s express authority.

USERS

ACCESSING OF THE SITE IS SUBJECT TO THESE TERMS AND CONDITIONS

7. The Site is provided to facilitate the sale of properties and no legal agreement will arise between a User and A-Private-Sale as a result of the User accessing the Site.

CONDITIONS OF ACCESS

8. The information that has been provided by the Seller and A-Private-Sale does not warrant that it is comprehensive complete or accurate and the information provided should be verified by inspection and consultation with professional advisors. Nothing written on the site should be considered personal advice and no employee of A-Private-Sale is authorised to give personal advice. All personal advice should be sought from professional advisors.

COPYRIGHT

9. Except for websites belonging to other owners A-Private-Sale holds legal ownership of the copyright in all descriptions photographs images and other contents displayed on the Site but a User is permitted to print hard copies of the material for the User’s personal use but only in contemplation of a purchase of the Property.

THE SITE

10.1 A-Private-Sale will use reasonable endeavours to maintain the availability of the Site but shall not be liable for any level of availability or failure of the Site for reasons beyond its control.

10.2 A-Private-Sale reserves the right to interrupt the service to carry out essential maintenance or upgrades.

10.3 A-Private-Sale shall not be under any liability to the User caused by or arising from software defects or viruses.

PRIVACY

11.1 A-Private-Sale will only use information collected from a User in accordance with the Data Protection Act 1998.

11.2 Users are not required to provide any personal information to use these/this site and should contact Sellers or their agents direct as indicated on the Site.

11.3 If a User does forward personal details to A-Private-Sale those details will only be forwarded to the relevant Seller with the permission of the Seller.

GOVERNING LAW

12 This agreement shall be governed and construed in accordance with English Law. The parties irrevocably agree to submit to the exclusive jurisdiction of the Courts of England over any claim or matter arising out or in connection with this Agreement.

back to the home page home our buyers' help and advice section buyers our sellers' help and advice section sellers view our property portfolio portfolio general advice, articles and information access go to the support area support contact A Private Sale contact us help using A Private Sale help log in to A Private Sale login
back to the home page home
buyers section buyers
sellers section sellers
property portfolio portfolio
advice, articles and information access
go to the support area support
contact A Private Sale contact us
Help using A Private Sale help
log in to A Private Sale login