These terms and conditions cover ASTON ANDERSON customers in England and Wales.
Please read these terms and conditions carefully before you accept and agree to be bound by them. These terms and conditions can be saved or printed for you to keep. By ticking on the acceptance box online or by authorising payment for the Services (as defined below) over the telephone, you agree to these terms and conditions. Once you agree to the terms and conditions or authorise payment for the Services over the telephone your order will be placed with ASTON ANDERSON and you will receive an email confirming the details of the Services that are to be provided. However, if you have any concerns or questions regarding these terms and conditions then please do not tick the acceptance box or authorise payment and instead, please contact ASTON ANDERSON in writing via the contact email address specified in these terms and conditions.
Information about ASTON ANDERSON
ASTON ANDERSON provides estate agency services to individuals and businesses to facilitate property sales in the United Kingdom (excluding Northern Ireland).
Our Site is owned and operated by ASTON ANDERSON. We are a company registered in United Kingdom under company number 10751809 and our registered address is at Regus House, Admirals Park, Victory Way, Dartford, DA2 6QD. ASTON ANDERSONâ€™s VAT number is 275660185.
In these terms and conditions, the following words and phrases shall, unless the context otherwise requires, have the following meanings:
means directors, employees, sub-contractors and agents of ASTON ANDERSON;
means any products offered and provided by ASTON ANDERSON (or another designated third party) which are additional to the ASTON ANDERSON;
means any services offered and provided by ASTON ANDERSON (or another designated third party) which are additional to the ASTON ANDERSON;
means the date on which the legal transaction of the sale of the Property is complete;
means the Property is listed for sale on Our Site and/or is listed on any Partner Sites by ASTON ANDERSON;
means the market appraisal service provided by an ASTON ANDERSON Agent attending the Property and recommending a guide price for the sale of the Property;
means the period of 10 months from the date that ASTON ANDERSON commences the marketing of the Property on Our Site or Partner Sites or until such time as the Property advert is removed or withdrawn by ASTON ANDERSON on Our Site or such Partner Sites. The Marketing Period may be extended in ASTON ANDERSONâ€™s sole discretion;
â€˜Memorandum of Saleâ€™
means the document that is signed by both the Purchaser and Seller confirming the terms of an offer for the purchase of the Property which has been accepted, where both parties agree to proceed with the formal aspect of the sale.
means Rightmove, Zoopla and any other website that ASTON ANDERSON decides to partner with to promote the Property from time to time;
means selected conveyancer
means the residential property in the United Kingdom (Excluding Northern Ireland) that you have asked an ASTON ANDERSON Agent to appraise or have instructed ASTON ANDERSON to advertise for sale;
means the person(s) purchasing the Property;
means the website at www.rightmove.co.uk, owned and operated by Rightmove Plc, a company registered in England under company number 6426485 and having its registered office at Turnberry House, 30 Caldecotte Lake Drive, Caldecotte, Milton Keynes, MK7 8LE;
means the owner of the Property or the person who is entitled to sell the Property;
means the estate agency services provided by ASTON ANDERSON, as set out in these terms and conditions;
means value added tax chargeable under the Value Added Tax Act 1994;
means the website at www.zoopla.co.uk owned and operated by Zoopla Property Group Plc, a company registered in England under company number 09005884 and having its registered office at Harlequin Building, 65 Southwark Street, London SE1 0HR.
Our Site Content
We may update Our Site from time to time, and may change the content at any time. However, please note that any of the content on Our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that Our Site, or any content on it, will be free from errors or omissions.
To register on Our Site, you must be over eighteen years of age.
When you register we ask you to provide information about yourself and you agree that ASTON ANDERSON and/or our agents may use such information as part of our verification process. This process may include (without limitation) bankruptcy and CCJ checks as well as Land Registry searches relating to your Property (as applicable). The information you provide must be true, accurate and up-to-date, and by submitting the information, you agree to ASTON ANDERSON or our agents carrying out any such checks. Should any of your registration details change, please log in to your account and make the required changes.
Password and Security
On registration, you will be required to supply a valid email address (and other contact details) to access your ASTON ANDERSON account. You must keep your password secure and must not disclose it to, or share it with anyone.
You will be responsible for all activities when accessing Our Site using your password and you agree not to reveal your password or account information to anyone. If you know or suspect that someone else has access to your password, you should log in to your account and change your details. If this is not possible you should contact us on the email address firstname.lastname@example.org. We reserve the right to change your password if we believe that it is no longer secure.
You further agree that ASTON ANDERSON has exercised reasonable skill and due care in providing access to Our Site and ASTON ANDERSON shall not be responsible for any losses arising out of the unauthorised use of your account.
If you forget your password please visit the "forgotten password" section on Our Site where you will be able to reset your password if you satisfy our security check.
You shall not submit or upload any content or information or link any other material onto Our Site which will or in our reasonable opinion is likely to:
You warrant that when you make use of any feature of Our that allows you to upload content to Our Site, or to make contact with other users of Our Site, you must comply with the content standards of this section. You will be liable to ASTON ANDERSON and indemnify us for any breach of that warranty, meaning that you will be responsible for any loss or damage ASTON ANDERSON suffers as a result of your breach of warranty.
We have the right to remove any posting you make on Our Site if, in our opinion, your post does not comply with the content standards of this section.
If ASTON ANDERSON, in its sole and absolute discretion, considers that you have breached any of the terms set out in this section, ASTON ANDERSON reserves the right to take any action that it deems to be necessary, including without limitation, the termination (without notice) of your use of and access to Our Site; and in the case of illegal use, the instigation of legal proceedings, as appropriate. No refunds will be given by ASTON ANDERSON in such circumstances.
Any content which you post or upload to Our Site will be considered non-confidential and nonproprietary. You hereby grant to ASTON ANDERSON a non-exclusive, royalty-free, irrevocable license to store, reproduce and edit any such content as we deem necessary prior to making it available on Our Site and Partner Sites.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Site constitutes an infringement of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or uploaded by you or any other user of Our Site.
If you are a Seller and you feel that any marketing material promoting the Property is not accurate or is misleading, you must contact ASTON ANDERSON immediately. ASTON ANDERSON will review the relevant material as soon as is practicable and take such action as it deems necessary to amend the material. You acknowledge that material promoting the Property is subject to change at any time.
Accessing your personal information and content
You acknowledge and agree that ASTON ANDERSON may, without liability to you, access, use, preserve and/or disclose your account information and any content uploaded onto Our Site to law enforcement authorities, government officials, and/or third parties, as ASTON ANDERSON believes is reasonably necessary or appropriate, if legally required to do so or if ASTON ANDERSON believes that such access, use, preservation or disclosure is reasonably necessary to comply with legal process, or protect ASTON ANDERSON, its users or any third party, as permitted by law.
You agree that your use of Our Site shall be at your sole risk and that ASTON ANDERSON will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, Our Site; or
use of or reliance on any content displayed on Our Site.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Our Site whether express or implied.
You agree not to use Our Site for any commercial or business purposes, and ASTON ANDERSON will have no liability to you for any loss of profit, loss of business, loss of contracts, business interruption, or loss of business opportunity.
ASTON ANDERSON will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any content from it, or any website linked to it.
ASTON ANDERSON assumes no responsibility for the content of Partner Sites or any websites linked on Our Site. Such links should not be interpreted as endorsement by us of those linked websites. ASTON ANDERSON will not be liable for any loss or damage that may arise from your use of them.
ASTON ANDERSON Proprietary Rights
You acknowledge and agree that ASTON ANDERSON and/or its licensors own all legal right title and interest in and to Our Site.
Terms of Service
This section sets out the terms upon which we agree to offer and provide you with the Services.
We may amend or revise these terms from time to time and an updated version of these terms and conditions will be posted on Our Site. You should check Our Site frequently for any changes. By continuing to use Our Site and the Services you agree to any such updated terms and conditions.
Prior to instructing ASTON ANDERSON
After you register on Our Site, you can use the ASTON ANDERSON website to book an appointment. We will visit the Property you are considering putting on the Market and will conduct a Market Appraisal in relation to the Property.
Any recommended guide price for the Property provided to you as part of a Market Appraisal conducted by us in respect of the Property is based on data obtained from various sources including but not limited to Partner Sites and the Land Registry. In addition, the Market Appraisal takes into account national and regional trends in the Market. Ultimately, it will be your decision (as a Seller) as to the guide price at which you wish to market and sell your Property and you will be allowed to amend this by notifying ASTON ANDERSON at any time during the Marketing Period.
If you decide to instruct ASTON ANDERSON for the sale of your Property and we receive consistent feedback from prospective Purchasers that suggests that the guide price of the Property is too high or the Property receives little interest from Purchasers, we will contact you to discuss a review of the guide price of the Property. ASTON ANDERSON reserves the right to withdraw the viewings service provided, where in our sole discretion, we consider that it is unreasonable for us to continue to accompany viewings in consideration of the feedback received from prospective Purchasers.
Instructing ASTON ANDERSON
Following the Market Appraisal conducted in relation to the Property, should you then wish to instruct ASTON ANDERSON to sell the Property, you will need to order the Services via Our Site or over the telephone by speaking to one of our property experts. When you order the Services via Our Site or over the telephone, you must confirm that you accept these terms and conditions. ASTON ANDERSONâ€™s acceptance of your instruction is subject to receiving satisfactory verification of your identity and details of your Property.
As a Seller, when you instruct ASTON ANDERSON, 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.
ASTON ANDERSON reserves the right to cancel our agreement with you at any time in accordance with its Cancellation and Refund Policy set out below.
ASTON ANDERSONâ€™s Services are comprised of a collection of Services to facilitate the marketing of the Property on Our Site and Partner Sites for a fixed fee. You may be offered additional Services or additional products by ASTON ANDERSON.
Details of the fee can be found on Our Site. Due to the nature of the Services, ASTON ANDERSON cannot guarantee the time it will take to sell your property. You are advised to heed the advice we provide with regards to selling your property.
ASTON ANDERSON will carry out the Services, and make reasonable endeavors to ensure that we carry out the Services, with reasonable care and skill. ASTON ANDERSON reserves the right to decide what products are offered to you at any time.
Third party websites such as Partner Sites are subject to change and we do not guarantee the continued presence of the Property on these websites.
Description of Property and Photographs
As part of the ASTON ANDERSONâ€™s service to you, we will compile the description, photographs, floor plans and other information and upload it to the ASTON ANDERSON Site as part of the advertisement of your Property.
You are responsible for ensuring that all descriptions, photographs, floor plans and any other information relating to the Property are accurate, current and in no way misleading (please refer to the section headed â€˜Description of the Propertyâ€™ in these terms and conditions, below).
ASTON ANDERSON will provide you with written confirmation of all offers received from prospective Purchasers by email as soon as an offer is made (unless you instruct us not to do this).
Once ASTON ANDERSON receives confirmation that an offer for the sale of the Property has been accepted and the Memorandum of Sale has been signed by both parties, we will automatically forward your details to the conveyancer or solicitor who you have instructed.
If you are a Seller who has accepted an offer from a Purchaser, you will have access to ASTON ANDERSON Sales Support who will liaise with solicitors, mortgage brokers, and estate agents in order to assist you up to the Completion of the sale of the Property. ASTON ANDERSON shall have no liability in respect of any aborted purchases and any associated costs. In the event that a sale of your Property does not complete, ASTON ANDERSON will resume marketing the Property at your request for the remainder of the Marketing Period. ASTON ANDERSON will take reasonable steps to ensure that all parties are informed of any changes or developments in the sale of the Property, however you are ultimately responsible for ensuring all parties are aware of any changes or developments. ASTON ANDERSON accepts no liability for any loss arising as a result of such communications between the parties.
If you, as the Seller, exchange contracts on the Property with a Purchaser you agree to notify ASTON ANDERSON immediately of such an exchange of contracts. Upon receiving notification of the exchange of contracts on your Property, ASTON ANDERSON has the right to remove the Property from Our Site and all Partner Sites.
We will conduct accompanied viewings for prospective Purchasers unless stated otherwise.
ASTON ANDERSON may offer Sellers and prospective Purchasers additional services such as insurance, mortgages, surveys and conveyancing via trusted third-party suppliers from whom we may receive commission. You acknowledge and agree that any relationship between you and a third-party supplier is separate from this arrangement with ASTON ANDERSON.
Energy Performance Certificate (â€˜EPCâ€™)
It is a legal requirement for you to have a valid EPC for the Property before we can Market the Property, and this must have been produced in the past 7 years. You are responsible for ensuring that you have a valid and up to date EPC prior to the advertisement for the Property going live.
You can purchase an EPC from us if you wish. You acknowledge and agree that in purchasing this service, ASTON ANDERSON will share your personal data (including your contact details) with such third-party provider. ASTON ANDERSON will place an order with the provider who will liaise directly to arrange a suitable time to carry out the survey. You must notify the provider if you are not available at the agreed time. If the provider attends the appointment but is unable to enter the property at the agreed time, you will be liable for the cost of any subsequent visit by the provider.
Rightmove Premium Listing
A Rightmove Premium Listing is service fulfilled by ASTON ANDERSONâ€™s Partner Site, Rightmove. You should refer to Rightmove for more information about the product. This Product is non-refundable, save in accordance with the Cancellation and Refunds policy.
Zoopla Premium Listing
A Zoopla Premium Listing is a service fulfilled by ASTON ANDERSONâ€™s Partner Site, Zoopla. You should refer to Zoopla for more information about the Product. This Product is non-refundable, save in accordance with the Cancellation and Refunds policy.
Fees and Payment
The fee for the ASTON ANDERSONâ€™s additional services will vary depending on the location of your Property. The fee for the relevant ASTON ANDERSON services is as advertised on Our Site and the fees for additional products or services offered by ASTON ANDERSON will be charged at the rates detailed on Our Site. The total amount which will be payable by you will be calculated depending on the additional Services and Products (if any) you have selected. Sales commission is due upon completion of the sale. Any additional services maybe chargeable upfront such as EPC, Gas or Electrical certificates.
ASTON ANDERSON will advertise the Property on Our Site and any Partner Sites that we consider to be the most effective at securing interest in the Property from prospective Purchasers for the duration of the Marketing Period. We reserve the right to withdraw the advertisement and marketing of the Property from Our Site and/or Partner Sites at our absolute discretion, and such circumstances will terminate the Marketing Period.
When you instruct ASTON ANDERSON to advertise the Property, you do so on a â€˜sole agencyâ€™ basis. A â€˜sole agencyâ€™ basis means you cannot use two or more estate agencies to promote the Property for sale. Sole agency period is 12 weeks.
If the Property is being advertised by another estate agency, it is your responsibility to ensure that you are allowed to advertise with ASTON ANDERSON at the same time. If you instruct ASTON ANDERSON to advertise the Property and subsequently find that this puts you in breach of your other agentâ€™s terms of contract then your listing can be stopped provided you give us at least 48 hoursâ€™ notice in writing.
In the event of cancellation for this reason you shall not be entitled to a refund unless notification is given to ASTON ANDERSON prior to the Property going live on Our Site and Partner Sites or in accordance with the section Cancellation and Refunds below.
Description of the Property
The Consumer Protection from Unfair Trading Regulations 2008, as amended by the Consumer Protection (Amendment) Regulations 2014 (â€˜CPUTRâ€™) require you to disclose any information you are aware of that relates to the Property in a clear, intelligible and timely manner. All information you provide must be accurate and must not be misleading. You are wholly responsible for the accuracy of all information supplied to ASTON ANDERSON in relation to the Property.
If you are a Seller, you acknowledge and agree that it is your responsibility to check your listing including the description and photographs and notify ASTON ANDERSON of any incorrect or missing information prior to the Property being listed on the Market. If at any time you become aware of any such incorrect or missing information while the Property is listed on the Market you must notify ASTON ANDERSON immediately.
If ASTON ANDERSON is notified or made aware of information or material provided by you that infringes a third partyâ€™s intellectual property rights ASTON ANDERSON has the right to remove the Property from Our Site and Partner Sites immediately.
Accessing Our Site
We will make reasonable efforts to ensure that Our Site will be available at all times. However, we cannot guarantee that Our Site or any content on it, will always be available or that access to it will be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of Our Site without notice. We will not be liable to you if for any reason Our Site is unavailable at any time or for any period.
Your Personal Information
Intellectual Property Rights
ASTON ANDERSON is the owner or licensee of all intellectual property rights relating to the Services, the ASTON ANDERSON Site, and the material published on it.
You warrant and undertake that you:
You agree that you will indemnify ASTON ANDERSON and/or its Associates, and keep ASTON ANDERSON and/or its Associates indemnified, from and against all direct costs, expenses, damages and losses, which may be suffered or incurred by ASTON ANDERSON in connection with any claim made against ASTON ANDERSON for infringement of a third party's intellectual property rights in respect of the information provided about the Property, or any breach of the CPUTR.
ASTON ANDERSON must carry out due diligence on all customers and you agree to provide ASTON ANDERSON with any documentation that it may require for these purposes. In the event that ASTON ANDERSON is unable to verify your identity and cannot comply with its obligations under the Money Laundering Regulations 2007, ASTON ANDERSON shall be entitled to terminate its agreement with you immediately, without notice to you, and cease to provide the Services with immediate effect.
Limitation of Liability
ASTON ANDERSON does not exclude or limit in any way its liability for death or personal injury caused by its negligence or the negligence of its Associates, fraud or fraudulent misrepresentation; or breach of any terms implied by the Supply of Goods and Services Act 1982.
If ASTON ANDERSON fails to comply with these terms and conditions, ASTON ANDERSON will reimburse you for any losses that you suffer that are a foreseeable consequence to both you and ASTON ANDERSON at the time you accepted these terms and conditions. However, ASTON ANDERSONâ€™s liability to you shall not exceed the price you have paid for the Services. ASTON ANDERSONâ€™s liability shall not in any event include business losses such as loss of data, loss of profits, loss of contracts or business interruption.
ASTON ANDERSON will not accept any responsibility for any damage or loss suffered as a result or in connection with the placing and erection of the 'For Saleâ€™ board on your Property. In order to meet the requirements of The Town and County Planning (Control of Advertisements) (England) Regulations 2007 and The Town and Country Planning (Control of Advertisements) (Amendment) (Wales) which permit the display of only one 'For Saleâ€™ board, it is your responsibility that whilst a ASTON ANDERSON â€˜For Saleâ€™ board is displayed, no other boards are erected for the Property. You shall also be responsible for removing the 'For Saleâ€™ board from public display no later than 14 calendar days after the sale of your Property has completed.
ASTON ANDERSON does not accept any responsibility for any loss or damage caused by a prospective Purchaser visiting the Property.
You agree that it is your responsibility to ensure the safety of any prospective Purchaser visiting your Property, and ASTON ANDERSON does not accept any liability in this respect.
Cancellation and Refunds
Your right to cancel
You can cancel our agreement at any time within 14 calendar days after the date on which you accepted these terms and conditions (the â€˜Cancellation Periodâ€™).
If you have instructed ASTON ANDERSON to carry out any Services before the expiry of the Cancellation Period (which, for the avoidance of doubt, will include making the advert for the Property live on Our Site and/or any of the Partner Sites) you will be liable for the costs of such Services that have been provided up to the date of the cancellation.
Subject to how you have chosen to pay for the Services, ASTON ANDERSON will either refund you an amount proportionate to the Services that are still unperformed (such reimbursement to be made by ASTON ANDERSON within 14 calendar days after the date on which you cancel our agreement) or we will notify Shawbrook Bank Limited of the cancellation, which may result in a proportionate payment being collected from you. In the circumstance that a proportionate payment needs to be collected from you, you will be contacted by either ASTON ANDERSON with an invoice setting out the amount payable and the methods of payment available to you, and you will need to make full payment of the invoice within 14 calendar days of receipt of the invoice.
You will not be able to cancel our agreement within the Cancellation Period if the Services have been fully performed. If a full or partial refund payment is due, you must provide ASTON ANDERSON with accurate banking details in order for us to process such refund to you.
If you have instructed ASTON ANDERSON (or any of its nominated partners) to carry out any services for you later in the Marketing Period, you have 14 calendar days after the time you purchase such Service or Product in which you can change your mind. Once ASTON ANDERSON or its nominated partner has completed the services you cannot change your mind, even if the 14-day period is still running. If you cancel after ASTON ANDERSON or its nominated partner have started providing the services, and you have paid for the Service or Product in full and in advance, ASTON ANDERSON will refund you an amount proportionate to the services that are still unperformed (such reimbursement to be made 14 calendar days after the date on which you cancel our agreement).
You may ask us to remove your details at any time from Our Site, but this will not mean that you are entitled to a refund, except as set out above for cancellations for the Services made during the Cancellation Period or for cancellations of Services and/or Products made within 14 calendar days of the purchase, refunds will only be given at the sole discretion of ASTON ANDERSON. Where ASTON ANDERSON agrees to give a refund, it will take into account all the costs already incurred with regard to the marketing of the Property, including set up costs as well as any external costs such as placing orders with third parties.
ASTON ANDERSONâ€™s right to cancel
Where ASTON ANDERSON terminates our agreement with you prior to commencing the Services, you will be entitled to a full refund of the amounts paid by you for the ASTON ANDERSON and any Services and/or Products.
Following the commencement of the Services, ASTON ANDERSON may terminate our agreement with you at any time by writing to you if you do not, within a reasonable time of either ASTON ANDERSON asking for it, provide us with information that it necessary in order for use to provide the Services (including but not limited to information requested to verify your identity and your ownership of the Property (where applicable to an instruction). Where ASTON ANDERSON terminates our agreement with you for this reason, you must compensate ASTON ANDERSON with reasonable compensation for the net costs incurred by ASTON ANDERSON as a result of your breaking our agreement. You will be required to make payment to ASTON ANDERSON within 14 calendar days of the date of any invoice issued to you by ASTON ANDERSON in this respect.
ASTON ANDERSON may withdraw any or all of the Services and/or Products by writing to you and providing at least 14 calendar daysâ€™ notice in advance of our stopping the supply of the relevant Service/Product(s) and will refund any sums you have paid in advance for such service or product which will not be provided.
Referrals and Introductions
Any person can introduce or make referrals to ASTON ANDERSON, verbally or via email or any referral scheme. If a person introduced or referred purchases a product/service from ASTON ANDERSON then this could be subject to an incentive which could include, for example, vouchers or Service(s) or Product(s) (at the sole discretion of ASTON ANDERSON). Authorised referral incentives will be paid within 14 days from the date the Property is sold.
Any person referred or introduced to ASTON ANDERSON will have the right to opt-out of email campaigns upon receipt of their first email (or subsequent emails).
Any complaints about the Services must be made in writing and sent to ASTON ANDERSON via email at email@example.com. Any such complaints will be dealt with swiftly and professionally.
You may also seek to resolve any dispute under the EUâ€™s online dispute resolution platform found here: [http://ec.europa.eu/consumers/odr/
These terms and conditions are governed by English law, and you and ASTON ANDERSON agree to submit to the exclusive jurisdiction of the English courts.