Terms & Conditions

MYHOMEDEAL LTD – TERMS AND CONDITIONS
  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply our services to you.
    • Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
  2. Information about us and how to contact us
    • Who we are. We are MyHomeDeal Ltd a company registered in England and Wales. Our company registration number is 10772696 and our registered office is at 63 Lache Park Avenue, Chester, CH48HS. Our registered VAT number is [NUMBER].
    • How to contact us. You can contact us by telephoning our customer service team on 0203 987 9877 or by writing to us at info@myhomedeal.co.uk and/or 63 Lache Park Avenue, Chester, CH4 8HS.
    • How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order form.
    • “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  3. Our contract with you
    • How we will accept your order. Our acceptance of your instructions will take place when we write or email you to accept it, at which point a contract will come into existence between you and us.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for any services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the services or because we are unable to meet a deadline you have specified.
    • [We only act in the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept instructions from addresses outside the UK.]
  4. Our services
    • We will negotiate on your behalf. We will negotiate with sellers and/or estate agents on your behalf to reduce the initial published asking price on a property that you wish to buy, or provide advice to enable you to negotiate with sellers and/or estate agents to reduce the initial published asking price on such a property. We will not be responsible in any way for finding a property for a buyer, or for bringing a buyer and a seller into contact, and we will not be providing any form of estate agency service.
    • Information. You will need to provide all information required in our order form, along with further information we request on the phone or in writing. This will include the initial published asking price of the property.
    • Authority. By signing the order form, you agree that for the duration of this contract, we may negotiate on your behalf with sellers and/or estate agents. You agree to provide any form of authority to the sellers and/or estate agents that may be required to give effect to this contract.
    • Instructing solicitors. Upon our acceptance of your instructions (in accordance with clause 3, Our contract with you) you agree to provide irrevocable instructions to your solicitors to make payment of our fees upon completion of the property purchase.
  5. Your rights to make changes
    • If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8, Your rights to end the contract).
  6. Our rights to make changes
Minor changes to the services. We may change the services to reflect changes in relevant laws and regulatory requirements.
  1. Providing the services
    • When we will provide the services. We will begin the services 14 days after we accept your order, unless you request on our order form that we begin within that 14-day period. We will supply the services to you until either the services are completed or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
    • We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then 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 services you have paid for but not received.
    • If you do not allow us authority to provide services. If you do not allow us authority to perform the services (in accordance with clause 4.2, Authority), and you do not have a good reason for this, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you to request authority, or you do not allow is authority, we may end the contract and clause 10.2 will apply.
    • What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you. If so, this will have been told to you over the telephone or on our website or told to you in the course of email exchanges. 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 (and clause 10.2 will apply) 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.
    • Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to update the services to reflect changes in relevant laws and regulatory requirements or make changes to the services as requested by you or notified by us to you (see clause 6, Our rights to make changes).
    • Your rights if we suspend the supply of services. 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. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 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. If you do not pay us for the services when you are supposed to (see clause 12.5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the services (and any services provided to you under another contract) until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 12.9). As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.8).
  2. Your rights to end the contract
    • You can always end your contract with us. You may use the model cancellation form provided to you (though you do not have to). Your rights when you end the contract will depend on how we are performing and when you decide to end the contract:
      • If our services are misdescribed you may have a legal right to end the contract, see clause 11;
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
      • If you have just changed your mind about the services, see clause 8.3;
      • In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately. The reasons are:
      • we have told you about an upcoming change to the service or these terms which you do not agree to;
      • we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
      • there is a risk that supply of the service may be significantly delayed because of events outside our control;
      • we have suspended supply of the services to reflect changes in relevant laws and regulatory requirements, or notify you we are going to suspend them to reflect changes in relevant laws and regulatory requirements, in each case for a period of more than 14 days; or
      • you have a legal right to end the contract because of something we have done wrong.
    • Exercising your right to change your mind under the Consumer Contracts Regulations 2013. For most services ordered over the telephone or by mail order or by exchange of emails you have a legal right to change your mind within 14 days and receive a refund (if applicable).
    • When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the 14-day cancellation period is still running (provided you have authorised us to begin the services within the 14 day period in accordance with clause 7.1).
    • How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running (provided you have authorised us to begin the services within the 14-day period in accordance with clause 7.1). 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 accordance with clause 12.2 (provided you have authorised us to begin the services within the 14-day period in accordance with clause 7.1).
    • Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us reasonable compensation for the net costs we will incur as a result of your ending the contract, and any sums due to us in accordance with clause 12.2. 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 not changed your mind, just 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 reasonable compensation for the net costs we will incur as a result of your ending the contract, and any sums due to us in accordance with clause 12.2.
  3. How to end the contract with us (including if you have changed your mind)
    • Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • Phone or email. Call customer services on 0203 987 9877 or email us at info@myhomedeal.co.uk.
      • [Online. Complete the [form INSERT LINK TO ONLINE FORM] on our website.]
      • By post. Simply write to us at 63 Lache Park Avenue, Chester, CH48HS.
        Model Cancellation Form
        (Complete and return this form only if you wish to withdraw from the contract)
        To MyHomeDeal Ltd, 63 Lache Park Avenue, Chester, CH4 8HS
        0203 987 9877       info@myhomedeal.co.uk
        I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of your services to negotiate with sellers and/or estate agents on my/our [*] behalf to reduce the initial published asking price on a property,
        Ordered on ……………………………………………………………………………………………..
        Name(s) of consumer(s).………………………………………………………….[PRINT NAME(S)]
        Address of consumer(s).……………………………………………………………………………….
        Signature of consumer(s) (only if this form is notified on paper),…………………………………..
        Date………………………………………………………………………………………………………
    • Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
    • When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
  4. Our rights to end the contract
    • We may end the contract if you break it. We may end the contract for our services at any time by writing to you if:
      • you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
      • 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.
    • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    • We may withdraw the services. 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 14 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
  5. If there is a problem with the services
    • How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team on 0203 987 9877 or write to us at info@myhomedeal.co.uk.
    • Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website http://www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 8.3.
  1. Price and payment
    • Where to find the price for the services. The price of the services (which excludes VAT) will be the price as set out in our order form. It will be a fixed percentage of the difference between the initial published asking price for the property, and the final price that you actually paid for the property (or the price as calculated in accordance with clause 12.2 if the contract was ended in accordance with clause 8.3 or 8.6). We use our best efforts to ensure that the price of the services advised to you is correct. However please see clause 12.4 for what happens if we discover an error in the price of the services you order.
    • When the contract was ended before completion. If you end the contract in accordance with clause 8.3 (if we provided services during the 14-day period, and provided you have authorised us to begin the services within the 14-day period in accordance with clause 7.1), or clause 8.6, then the price of the services (which excludes VAT) will be the price as set out in our order form. It will be a fixed percentage of the difference between the initial published asking price for the property, and the price which was last communicated to us or you by the seller or estate agent before you ended the contract. You will only be liable to make such payment to us if you proceed to completion of the purchase of the property in due course.
    • We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, and refund you any sums you have paid.
    • When you must pay and how you must pay. We accept payment by bank transfer to the account details provided on our invoice or to you in writing. We will invoice you for the price of the services (provided that we were successful in negotiating a reduction in the initial published asking price of the property) after completion of your purchase of the property.
    • Notification. You must notify us when you have completed your purchase of the property (even if you have cancelled the contract in accordance with clause 8.3 (if we provided services during the 14-day period), or clause 8.6), along with the price that you paid for the property. Upon our acceptance of your order (in accordance with clause 3, Our contract with you), you must provide us with evidence that you have instructed your solicitors to inform us when the purchase has been completed (for example by way of an email).
    • Payment date. You must make the payment to us within 14 days of the completion of your purchase of the property. If you fail to notify us of the completion date of the property (in accordance with clause 12.6, Notification), then payment will still be due within 14 days of the completion date of your purchase of the property.
    • We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    • What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly at the contact details detailed in clause 11.1 to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  2. Our responsibility for loss or damage suffered by you
    • We are responsible to you for foreseeable loss and damage caused by us, subject to clause 13.2. If we fail to comply with these terms, 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, for example, if you discussed it with us during the sales process.
    • We specifically exclude liability relating to any purchase process of the property collapsing. By signing the order form, you acknowledge that negotiating the purchase price can result in the purchase process collapsing. You fully authorise us to conduct all such negotiations on your behalf aware of such risks, and that the seller may choose not to sell the property to you following the negotiations. We specifically exclude any liability relating to such a collapse of the purchase process provided that we have used reasonable care and skill during the negotiations. Further, we specifically exclude any liability relating to a collapse of the purchase process due to factors outside our control (including, but not limited to, the estate agent, the solicitors, or a change in the seller’s circumstances). Further, we specifically exclude any liability relating to a collapse of the purchase process due to the seller choosing to accept a higher offer on the property than we had negotiated with the seller and/or estate agent.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 11.2.
    • We are not liable for business losses. We only supply our services for private use. If you use the services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  3. How we may use your personal information
    • How we will use your personal information. We will use the personal information you provide to us:
      • to supply the services to you;
      • to process your payment for the services; and
      • if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
    • We may pass your personal information to credit reference agencies. Where we extend credit to you for the services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
    • We will only give your personal information to other third parties where the law either requires or allows us to do so. It is acknowledged that we may also give such personal information as may be required to provide the services to any third parties that you have authorised us to contact, including agents, sellers and solicitors.
  4. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 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 need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • 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. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these 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 decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 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.
    • Ongoing provisions. If you end the contract in accordance with clause 8.3 (if we provided services during the 14-day period), or clause 8.6, then clause 12 shall survive termination of the contract. Should the contract end for whatever reason, clause 1, clause 9, clause 10, clause 11, clause 13, clause 14 and clause 15 shall survive termination of the contract.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
[*] Delete as appropriate
I/We hereby acknowledge that we have read and understood these terms and conditions.
Signed: ………………………………………………………………………Date: …………………..
Print name: ……………………………………………………………………………………………..
Signed: ………………………………………………………………………Date: …………………..
Print name: ……………………………………………………………………………………………..
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