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Terms and conditions

These are our terms and conditions for our supply of commissioned Home Information Packs and Energy Performance Certificates for residential property as ordered by you. By ordering any of our Home Information Packs you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions please do not use our services.

1. Information about us.

2. Commissioning of Home Information Packs & Energy Performance Certificates.

2.1 By commissioning a Home Information Pack or Energy Performance Certificate

Through our company, you warrant that: (a) you are legally capable of entering

Into binding contracts; and (b) you are at least 18 years of age.

3. How the contract is formed between you and us.

3.1 Our company allows you to request details of costs for the preparation of a Home

Information Pack or Energy Performance Certificate for the property specified, by

telephone, e-mail or in a letter by post, giving you a quote based on information

you have provided to us. All costs quoted by us are valid for 30 days only. You

can then decide if you wish to place an order on the cost quoted by telephone,

e-mail or letter.

3.2 After placing an order to commission a Home Information Pack or Energy

Performance Certificate, you will receive an e-mail or letter to confirm the

Price and to acknowledge receipt of the order. Your order constitutes an offer

By you to us to buy a Home Information Pack. All orders are subject to

acceptance by us, when we will send you an e-mail or letter confirming that we

accepted your order for a Home Information Pack (the order acceptance). The

contract between us will only be formed when we send you the order acceptance.

3.3 If you have asked us to supply more than one Home Information Pack or

Energy Performance Certificate, the same acceptance procedure will apply to

Each individual Home Information Pack or Energy Performance Certificate.

3.4 We aim to deliver a standard Home Information Pack within 5 working days of the instruction being accepted, if a delay is anticipated you will be informed why and given a new date, unregistered properties take longer than registered properties due to additional information required. Delivery will be by recorded delivery or in person.

4. Price and payment.

4.1 The price of the Home Information Pack quoted to you by e-mail or letter. These

Prices include hard copies of the Home Information Pack which are delivered to

The selling agent and the person who commissioned the Home Information Pack.

The Energy Performance Certificate will be delivered in hard copy to the person

who commissioned it but electronic copies can be sent on request. Additional

copies of Home Information Packs can be made for additional selling agents in

the case of dual agency sales, no additional costs will be made for this.

4.2 if you have been quoted an incorrect price by us in error for a Home Information

Pack or Energy Performance Certificate, we are by no means obligated to supply

you with a Home Information Pack or Energy Performance Certificate at the

incorrect quoted price.

4.3 Payment for the Home Information Pack or Energy Performance Certificate will

always be made by you to us in advance of any Home Information Pack or

Energy Performance Certificate being delivered to you by us. Any information

you have given us with regards to payment will be destroyed once payment has

been made we do not hold personal information on file.

5. Rights of Cancellation.

5.1 As a consumer you have a right to a cooling off period in which you can withdraw

From the contract for any reason, subject to the provisions in 5.2 below. This

cooling off period ends seven working days from the day after the contract was

concluded and you received your order acceptance in accordance with clause 3.1

above. If you wish to cancel you must notify us within the prescribed period by e-

mail or letter. This provision doe not apply to business to business transactions.

5.2 If you are a consumer, the cooling off period and the right to cancel will not apply

Where; (a) A Home Information Pack or Energy Performance Certificate has

already been issued to you; and (b) You have already opened any e-mails or

sealed envelopes containing a Home Information Pack or Energy Performance

Certificate: or (c) We begin the preparation of a Home Information Pack or

Energy Performance Certificate, by agreement with you, before the cooling off

period ends.

5.3 Subject to clause 5.6, contracts cancelled by you within the seven day cooling off

period will be refunded in full, excluding any costs of posting the Home

Information Pack or Energy Performance Certificate to you. However you will be

responsible for the cost of returning any Home Information Pack or Energy

Performance Certificate to us.

5.4 We will usually refund any money received from you using the same method

originally used by you to pay for the purchase. We will usually process the refund

due to you as soon as possible and, in any case, within 30 days of the day we

received the cancellation.

5.5 Any cancellations or refunds for Home Information Packs or Energy Performance

Certificates other than in accordance with the cooling off period referred to above

Will be at our sole discretion.

5.6 If you cancel the contract you will remain liable for the cost of any third party

Reports already ordered or obtained by us on your behalf in accordance with the

provisions of clause 7.

5.7 This clause 5 does not affect your statutory rights.

6. Information provided by you to us

6.1 You will be asked by us to provide us with information about your property that

We deem necessary to produce a Home Information Pack or Energy Performance

Certificate once we have accepted your order. The specific questions we ask will

vary from property to property. We will ask for this information in an e-mail or by

post or in person.

6.2 You will be required to provide the information by e-mail or in a letter or in

person.

6.3 You may incur additional charges in obtaining information to send to us for our

inclusion in the Home Information pack. An example of such costs (but not

limited to) might be landlords or managing agents charges for providing a copy

a lease and other leasehold information. Any such costs are not included in our

charges.

6.4 Unless there are exceptional circumstances, your contract for a Home Information

Pack or Energy Performance Certificate will normally be fulfilled delivering to

you by post or in person a Home Information Pack or Energy Performance

Certificate within ten days of you receiving from us an order acceptance form.

6.5 The timescale in 6.4 is for guidance only and we shall not be responsible for

Delays owing to holiday periods or other causes outside our reasonable

control.

6.6 We shall not be liable for any losses of any customer information forms sent to us

And you are advised to take copies of all items prior to sending them to us.

6.7 Information provided by you to us will form part of the publicly available Home

Information Pack or Energy Performance Certificate upon which reliance may be

Made by potential or actual buyers, mortgage lenders and other interested parties.

It is imperative that all information provided by you to us is as accurate and

complete as possible. You may be held liable for any false, misleading, inaccurate

or incomplete information you provide.

6.8 You agree to notify us immediately if you became aware of any information

that you have provided to us is incorrect, inaccurate, false or misleading.

6.9 If you provide us with an incorrect address for a Home Information Pack or

Energy Performance Certificate, you will still be liable to pay our fees once a

contract has been made between us.

7. Third Party Reports

7.1 You acknowledge and agree that during our preparation of a Home Information

Pack for you, it will be necessary for us to obtain reports from third parties on

your behalf in relation to the property sale.

7.2 The fee that we charge you for preparing a Home Information Pack includes our

costs of obtaining certain specified third party reports on your behalf.

7.3 We will tell you what third party reports will be included in your Home

Information Pack fee.

7.4 Our fees for preparing a Home Information Pack or Energy Performance

Certificate are based on information you have supplied us with. There may

Be additional costs if you have supplied us with incorrect information or

incomplete information. An example of this could be where you have told us

that the land is registered, but in fact it is not registered.

7.5 In the event that we need to obtain further third party reports on your behalf in

preparation of a Home Information Pack we will notify you by e-mail or letter

informing you of any additional costs. We will not seek to obtain any additional

third party reports unless you confirm that you require us to do so. Confirmation

from you will be by e-mail or letter.

7.6 Any delay by you to approve any additional requests for third party reports may

Result in a delay of our preparation of a Home Information Pack. Any missing

Required third party report from a Home Information Pack may render the Home

Information Pack incomplete and may mean you do not comply with your legal

obligation because of this.

7.7 Where we obtain third party reports on your behalf, you acknowledge that we do

as your agent and we shall be permitted to disclose to the relevant party from

whom we obtain any third party report that we are acting on your behalf. As such

the contract for the provision of such third party reports will be between you and

the disclosed principal and provider of the third party report and Eryri Hips are

not a party to any such contract we make as your agent and we can not sue or be

sued upon it.

7.8 Eryri Hips will at all times endeavour to obtain any required third party reports

on your behalf from suitable parties whom we believe to have a suitable level of

competence and professional standing. You acknowledge that Eryri Hips are not

liable for any contents of any third party reports or any errors or omissions within

any such report or any delay by any third party in providing any such report.

7.9 If you exercise your right to cancel a contract in accordance of the provisions in

Clause 5, Eryri Hips reserve the right to charge you for any costs incurred by us in

obtaining third party reports on your behalf prior to the date of cancellation of the

contract.

8. Our Liability

8.1 Eryri Hips are not responsible to you for any data that you loose from any e-mail

we have sent you although we will where possible re-submit any such data to you

by e-mail free of charge. You acknowledge that you have the means to back up

and save any data sent by us to you by e-mail and you acknowledge that you have

saved any data that you have sent us by e-mail.

8.2 We shall not be liable for any use made of your Home Information Pack or any

information contained in it by third parties once your Home Information Pack

has been made available to the public by any means.

8.3 Subject to clause 8.4,our entire liability to you in respect of these terms and

conditions or any contract shall be limited to £250,000, which represents the level

of our insurance cover and you are responsible for making your own

arrangements for the insurance of any excess if required.

8.4 Clause 8.3 does not include or limit in any way our ability for (a) death or

personal injury caused by our negligence; (b) for fraud or fraudulent

misrepresentation by us; or (c) for any other matter for which it would be illegal

for us to exclude, our liability.

8.5 We accept no liability for any loss of income or revenue, loss of business, loss of

profits, loss of contracts, loss of data, loss of time or any consequential loss or

damage of any kind whether caused by breach of contract, negligence or

otherwise.

9. Communications.

9.1 Certain applicable laws require that some of the information we send to you

should be in writing, you accept that our communications with you will from time

to time be electronic. For contractual purposes, you agree to this electronic

means of communication and you acknowledge that all contracts, information

and notices that we provide to you electronically comply with any legal

requirement that such communications be in writing.

This does not affect your statutory rights.

10. Cancellation by us

10.1 Eryri Hips reserves the right to refuse to accept your order for a Home

Information Pack or Energy Performance Certificate for any reason, and we do

not have to give you a reason why we have refused your order for a Home

Information Pack or Energy Performance Certificate.

10.2 We refuse the right to cancel our contract with you at any time if you give us

reasonable grounds to believe that you have supplied us with incorrect, false

or misleading information or we may believe you may do so in the future. If we

cancel our contract with you we will notify you by e-mail or letter.

11. Unexpected Events.

11.1 Eryri Hips will not be liable or responsible for any failure to perform, or delay in

performance of, any of our obligations under a contract caused by events that are

outside our reasonable control.

11.2 Examples of these events could be (but not limited to) outbreak of civil war

(whether declared or not), national power outages, industrial disputes, extreme

weather conditions, theft of equipment and hostile computer acts.

12. Notices

12.1 All notices given by you to us must be given to Eryri Hips, Arvon House,

Dolwyddelan, Conwy, LL25 0NZ or e-mail to info@eryrihips.co.uk.

12.2 We will give any notices to you from us by e-mail or letter.

12.3 We will deem any notices given by us as received and served 24 hours after an

e-mail is sent or three working days after a letter has been posted.

13. Severability.

13.1 If any of these terms and conditions or any of the provisions of contract are

deemed by any competent authority to be invalid, unlawful or unenforceable,

such term, condition or provision will to that extent be severed from the

remaining terms and conditions, which will continue to be valid to the fullest

extent permitted by law.

14. This Document

14.1 These terms and conditions and any document referred to in them set out the

entire agreement between us in relation to any contract. These terms and

conditions and any document referred to in them supersede any prior

agreement, understanding or agreement between us whether orally or in

writing.

14.2 Eryri Hips has the right to revise these terms and conditions from time to time.

14.3 You will be subject to the policies terms and conditions in force when you order

a Home Information Pack or Energy Performance Certificate from us, unless we

are required by law to make any changes to comply with any laws.

15. The Law.

15.1 These terms and conditions and any contracts for the purchase of Home

Information Packs or Energy Performance Certificates (which are only

Provided for properties in England and Wales) through Eryri Hips will be

Covered by British Law. Any dispute arising from, or related to such terms

And conditions or contracts shall be subject to the non exclusive jurisdiction of

The courts of England and Wales, although we retain the right bring proceedings

Against you for breach in your country of residence or any other relevant country.

16. Privacy Policy.

      Eryri Hips and William Morris are committed to safeguarding the privacy of our customers, this policy sets out how we treat your personal   

      information.

16.1 What information do we collect

      a) Information relating to any transactions carried out between you and us on or in relation to this website, including information relating to any

         purchases you make of our services.

       b) Any other information you choose to send us.

16.2 Using your personal data

          We may use your personal information to:

        a) Supply to you services purchased via the website.

        b) Send statements and invoices to you and collect  payments from you.

        c) Send you e mail notifications which you have specifically requested.

        d) Deal with enquires and complaints made by or about you relating to the website.

        We will not without your express consent provide your personal information to any third parties.

       All our website credit/debit card transactions are handled through Pay Pal. Pay Pals privacy policy is (available at www.paypal.com)

       We will share information with Pay Pal only to the extent necessary for the purposes of making payments.

16.3 Disclosures

      We may disclose information about you to any of our employees in so far as reasonably necessary for the purposes as set out in the

       privacy policy.

       In addition, we may disclose information about you:

       a) To the extent that we are required to do so by law

       b) In connection with legal proceedings or prospective legal proceedings.

       c) In order to establish, exercise or defend our legal rights (Including providing information to others for the purpose of fraud

       prevention and reducing credit risk).

16.4 Security of your personal data 

       We will take reasonable technical and organisational precautions to prevent the loss, misuse and alteration of your personal information.

       We will not ask for personal data over the internet as it is inherently insecure, and no personal data collected in person, mail or telephone

       is stored on computer files.

16.5 Third party websites

       The website contains links to other websites we are not responsible for the privacy policy or practises of third party websites.

16.6 If you have any questions about this privacy policy please write to us at the following address:

       Arvon House, Dolwyddelan, Sir Conwy, LL25 0NZ

17.    Refund Policy

        If you are not completely satisfied with the service you have received from Eryri Hips, you may request a refund.

        To request a refund it is necessary to notify us within seven days of receiving the service. Please put your request in writing to:

        Eryri Hips, Arvon House, Dolwyddelan, Sir Conwy, LL25 0NZ.

        Refunds will be paid within 30 days of accepting the request, repayment will be made using the original method of payment by the customer.

        This does not affect your statutory rights.