Terms & Conditions

Introduction

These terms and conditions, together with the Homextra privacy policy and the Homextra cookie policy, set out the terms between you and Homextra Limited ('Homextra', 'we' or 'us') under which Homextra will provide its services to you and you may make use of our website, www.Homextra.co.uk ('Our Site').

When instructing Homextra as agents to sell your property it is a requirement under the Estate Agents Act 1979 that you understand and accept these terms and conditions.

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 clicking a confirm/continue button, or by authorising payment for the Services (as defined below) over the telephone, you agree to these terms and conditions.

Once you agree to terms and conditions to authorise payment for the Services over the telephone your order will be placed with Homextra 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 click a confirm/continue button, authorise payment and instead, please contact Homextra in writing via the contact email address specified these terms and conditions.

Information about Homextra

Homextra provides estate agency services to individuals and businesses to facilitate property sales in the United Kingdom (but excluding Scotland).

Our Site is owned and operated by Homeasy Ltd. Our registered address is at Homextra, 12 Nicholas Street, Chester, CH1 2NX.

Homextra is a member of The Property Ombudsman scheme and follows The Property Ombudsman's Code of Practice for Residential Estate Agents, which is available to view at www.tpos.co.uk. Homextra is also registered with The Property Ombudsman's Approved Estate Agents Redress Scheme.

Terms of Use

This section sets out the rules and standards that you must follow when using Our Site and the Homextra Portal. If you do not agree to these terms, you must not use Our Site or the Homextra Portal. If any future changes to these terms of use are necessary, 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.

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.

Registration Process

To register on Our Site you must be over eighteen years of age. When you register we ask you to provide certain information about yourself and you agree to our verification process. This information must be true, accurate and up to date. Should any of your details change, please make Homextra aware of the required changes.

User Content

You shall not submit or upload any content or information or link any other material onto Our Site or the Homextra Portal which will or in our reasonable opinion is likely to:

  1. promote violence or physical harm;
  2. be likely to harass, upset, embarrass, alarm or annoy any other person;
  3. be offensive, threatening, obscene, or hateful;
  4. be defamatory or libellous of any person;
  5. promote any illegal activities;
  6. be threatening, abuse or invade another's privacy or cause annoyance, inconvenience or needless anxiety;
  7. infringe any copyright, database right or trade mark of any other person;
  8. promote or contain information that You know or believe to be inaccurate, false or misleading;
  9. deceive any person;
  10. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  11. be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
  12. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant that when you make use of any feature of Our Site or the Homextra portal 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 Homextra and indemnify us for any breach of that warranty, meaning that you will be responsible for any loss or damage Homextra 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 Homextra, in its sole and absolute discretion, considers that you have breached any of the terms set out in this section, Homextra reserves the right to take any action that it deems to be necessary, including, without limitation, the termination forthwith and without notice, of your use of and access to the Our Site and the Homextra Portal; and in the case of illegal use, the instigation of legal proceedings, as appropriate.

Content licence

Any content which you post or upload to Our Site will be considered non-confidential and non-proprietary. You hereby grant to Homextra a non-exclusive, royalty-free, irrevocable licence 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 Vendor and you feel that any marketing material promoting the Property is not accurate or is misleading, you must contact Homextra immediately.

Homextra 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 Homextra may, without liability to you, access, use, preserve and/or disclose your account information and any content uploaded on to Our Site to law enforcement authorities, government officials, and/or third parties, as Homextra believes is reasonably necessary or appropriate, if legally required to do so or if Homextra believes that such access, use, preservation or disclosure is reasonably necessary to comply with legal process, or protect Homextra, its users or any third party, as permitted by law.

Disclaimer

You agree that your use of Our Site and the Homextra Portal shall be at your sole risk and that Homextra 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.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Our Site, the Homextra Portal and/or any content on either, whether express or implied.

You agree not to use Our Site or the Homextra Portal for any commercial or business purposes, and Homextra will have no liability to you for any loss of profit, loss of business, loss of contracts, business interruption, or loss of business opportunity.

Homextra 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 the Homextra Portal or to your downloading of any content from it, or any website linked to it.

Homextra 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. Homextra will not be liable for any loss or damage that may arise from your use of them.

Homextra Proprietary Rights

You acknowledge and agree that Homextra and/or its licensors own all legal right title and interest in and to Our Site and the Homextra Portal.

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 Homextra

You can book an appointment with a Local Property Manager. At no cost, your Local Property Manager will visit the Property you are considering putting on the Market and will conduct a market appraisal in relation to the Property.

Instructing Homextra

Following the market appraisal conducted by the Local Property Manager in relation to the Property, should you then wish to instruct Homextra to sell the Property, you will need to order the Services via Our Site or over the telephone, speaking to a Homextra operator.

As a Vendor, when you instruct Homextra, 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.

Our Services

Homextra's Services are comprised of a package of services to facilitate the marketing of your Property on Our Site and Partner Sites for a set fee (as advertised on Our Site) (the "Package"), and any add-on services offered by Homextra and/or your Local Property Manager and selected by you.

Full details of the Package and add-on services are detailed on Our Site. We will carry out the Services, and use our reasonable endeavours to ensure that your Local Property Manager carries out the Services, with reasonable care and skill.

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.

Add-on services

Once you have instructed Homextra and purchased the Package, you can select add-on services to assist you in marketing your Property. You can change these from time to time, or withdraw them, provided that the provision of the add-on service by Homextra or any third party has not already commenced.

Add-on services will be available for additional fees and may be subject to additional terms and conditions.

Description of Property and Photos

As part of the Package, your Local Property Manager will create the description, photographs, floor plans and information uploaded as part of the advertisement of your Property. You will have the opportunity to edit or suggest amendments to the description.

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.

Energy Performance Certificate ("EPC")

It is a legal requirement for you to have commissioned an EPC before we can market your Property. You are responsible for ensuring that you have a valid and up to date EPC prior to the advertisement for your Property going live. You can purchase an EPC as an additional Homextra Service.

'For Sale' Boards

As part of the Package, Homextra will arrange for your Local Property Manager to erect one 'For Sale' board at your Property (unless your Property already has a 'For Sale' board of any other estate agency). The 'For Sale' board shall belong to Homextra and we will arrange for the board to be collected once your Property has sold, when the Property is withdrawn from the market, or at the end of the agreed marketing period, whichever is the sooner.

It is your responsibility to ensure that the 'For Sale' board is removed from public display no later than 14 calendar days after the sale of your Property, and kept safe and secure for collection by Homextra.

Viewings

If you are the Vendor and you have elected not to use the services of a Local Property Manager to conduct viewings of your Property, it will be your sole responsibility to conduct the viewings and Homextra assumes no further responsibility in this respect.

If you are the Vendor and would like your Local Property Manager to conduct viewings of the Property, it is your responsibility to provide sets of keys to your Local Property Manager for all lockable doors and cupboards within the Property and ensure that your Local Property Manager has access to the Property at the date and time of any arranged viewings. You must ensure that the Property is in a safe condition and prepared for any and all viewings.

If your Local Property Manager receives consistent feedback from prospective Purchasers that suggests that the guide price of the Property is too high, we will contact you to discuss a review of the market appraisal. Homextra reserves the right to withdraw the viewings service provided by the Local Property Manager, where at its sole discretion, it considers that it is unreasonable for the Local Property Manager to continue to accompany viewings in consideration of the feedback received from prospective Purchasers.

Accompanied viewings

If you have chosen an accompanied viewings package, it will be limited to 10 viewings during the contract period. Viewings outside the contract period or that exceed 10, may be liable to further charge at the discrestion of Homextra.

Offers

Homextra will provide you with written confirmation of all offers received from prospective Purchasers within 24 hours of their receipt by Homextra (unless you instruct us not to do this).

Once Homextra receives confirmation that a sale of the Property has been agreed, under your instructions, we will forward your details to the conveyancer or solicitor who you have instructed or have asked Homextra to arrange.

Fees and Payment

The fee for the Package is as advertised on Our Site and the fees for add-on services offered by Homextra 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 add-on services (if any) you have selected. You must either pay for the Services in advance by providing us with your credit or debit card details and authorising payment for the Services, either online or over the telephone with one of our Homextra Central Property Managers.

Marketing

Homextra will advertise and market your Property on the Homextra Portal and Partner Sites that we consider to be the most effective at securing interest in your Property from prospective Purchasers. We reserve the right to withdraw your advertisement and marketing of your Property from the Homextra Portal and/or Partner Sites at our absolute discretion.

If you, as the Vendor, exchange contracts on your Property with the Purchaser during the Marketing Period you agree to notify Homextra of such exchange of contracts. Upon receiving notification of the exchange of contracts on your Property Homextra has the right to remove your Property from the Homextra Portal, Our Site and all Partner Sites.

Additional services

Homextra may offer Vendors and prospective Purchasers additional services such as insurance, mortgages, pensions, 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 Homextra.

Multiple Agency

If your Property is being advertised by another estate agency, it is your responsibility to ensure that you are allowed to advertise with us at the same time. If you instruct us to advertise your Property and subsequently find that this puts you in breach of your other agent's terms of contract then your listing can be stopped provided you give us at least 48 hours' notice in writing. In the event of cancellation for this reason you shall not be entitled to a refund unless notification is received by us prior to the Property going live on Our Site or any Partner Sites and Homextra has not incurred any time or expenditure in this respect (save in accordance with the section "Cancellation and Refunds" below).

When you instruct Homextra to advertise your Property, you do so under on a 'multiple-agency' basis. A 'multiple agency' basis means you can use the use of other two or more estate agencies to promote your Property for sale.

If you are using more than one estate agency to sell your Property you agree to pay our fee for the Package and any add-on services and also any other agency fee (subject to the terms that you agree with the other agency).

Description of Property

The Consumer Protection from Unfair Trading Regulations 2008, as amended by the Consumer Protection (Amendment) Regulations 2014 ("CPUTR") require you to disclose any information you are aware of that relates to the Property in a clear, intelligible and timely manner. All information provided by you must also be accurate and not misleading.

If you are a Vendor, you acknowledge and agree that it is your responsibility to check your listing including the description and photographs and notify us of any incorrect or missing information prior to the Property being listed on the Market, or at any time you become aware of any such incorrect or missing information while the Property is listed on the Market.

If Homextra is notified or made aware of information or material provided by you that infringes a third party's intellectual property rights Homextra has the right to de-list your Property from Our Site immediately and without notice to you, request the de-listing from Partner Sites and prevent your access to the Homextra Portal.

If you are a Vendor we will arrange for a Local Property Manager to visit the Property to check the accuracy of the information or material provided by you, and to write a professional description of the Property. You will have the opportunity to edit the description of the Property produced by the Local Property Manager but any and all amendments will need to be approved by the Local Property Manager before the listing goes live on Our Site or any Partner Sites.

Coverage of Services

Homextra covers all areas in England and Wales.

Any market appraisal provided by a Local Property Manager in respect of the Property is based on data obtained from various sources such as Partner Sites and the Land Registry, and takes into account national and regional trends in the market.

However, ultimately, it will be your decision as to the guide price at which you wish to market and sell your Property and you will be free to amend this by notifying Homextra, via the Homextra Portal, at any time during the Marketing Perio

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Accessing Our Site and Homextra Portal

We will use 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 or the Homextra Portal without notice. We will not be liable to you if for any reason Our Site and/or the Homextra Portal is unavailable at any time or for any period.

Your Personal Information

Your privacy is very important and Homextra is committed to protecting your privacy. All personal information given to Homextra will be handled in accordance with the Data Protection Act 1998. For further information, please see our privacy policy.

Intellectual Property Rights

Homextra is the owner or licensee of all intellectual property rights relating to the Services, the Homextra Portal and Our Site, and in the material published on it.

Homextra Portal and Communication with Others

You can use the Homextra to make appointments and communicate with vendors, your Local Property Manager and/or prospective Purchasers (as applicable). Once an appointment has been arranged, email and SMS notifications may be sent to the Vendor, your Local Property Manager, and the prospective Purchaser setting out the address of the Property, any times of appointments and the name and telephone numbers of the relevant parties. If you are the Vendor and you have elected not to use the services of a Local Property Manager to conduct viewings of your Property, it will be your sole responsibility to conduct the viewings and Homextra assumes no further responsibility in this respect.

Your Obligations:

You warrant and undertake that you:

  • have the necessary authority, power and capacity to instruct Homextra to list the Property for sale;
  • will on request provide Homextra with all identity documents required for compliance with the Money Laundering Regulations 2007;
  • will provide an Energy Performance Certificate (EPC) or proof that an EPC has been commissioned for the Property (unless you have selected this as an add-on Service via Homextra);
  • all information and material provided by you for listing the Property will comply with the CPUTR, and you will notify Homextra immediately of any incorrect or misleading information within the sales particulars of the Property;
  • will provide third parties with access to your Property as reasonably required by Homextra and your Local Property Manager;
  • will co-operate with Homextra and your Local Property Manager in all matters relating to the Services;
  • will provide Homextra and your Local Property Manager with such information and materials as Homextra and your Local Property Manager may reasonably require in order to provide the Services, and ensure that such information is accurate;
  • own or are licensed to use any and all intellectual property rights in any content uploaded onto Our Site or the Homextra Portal and that any such content does not infringe any third party's intellectual property rights; and
  • will co-operate with any reasonable security checks or requests for information made by Homextra or your Local Property Manager from time to time.

You agree that you will indemnify Homextra and/or its Associates, and keep Homextra and/or its Associates indemnified, from and against all direct costs, expenses, damages and losses, which may be suffered or incurred by Homextra in connection with any claim made against Homextra 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.

Homextra must carry out due diligence on all customers and you agree to provide Homextra with any documentation that it may require for these purposes. In the event that Homextra is unable to verify your identity and cannot comply with its obligations under the Money Laundering Regulations 2007, Homextra 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

Homextra 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 Homextra fails to comply with these terms and conditions, Homextra will reimburse you for any losses that you suffer that are a foreseeable consequence to both you and Homextra at the time you accepted these terms and conditions. However, Homextra's liability to you shall not exceed the price you have paid for the Services. Homextra's liability shall not in any event include business losses such as loss of data, loss of profits, loss of contracts or business interruption.

Homextra 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 Sale' 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 Sale' board, it is your responsibility that whilst a 'Homextra for sale board' is displayed, no other boards are erected for the Property. You shall also be responsible for removing the 'For Sale' board from public display no later than 14 calendar days after the sale of your Property has completed.

Homextra does not accept any responsibility for any loss or damage caused by a prospective Purchaser visiting the Property.

Cancellation and Refund

s

You can cancel our agreement at any time within 14 calendar days after the date on which you accepted these terms and conditions. If you have instructed us or your Local Property Expert to carry out any Services before the expiry of such cancellation period (which, for the avoidance of doubt, will include making your advert for your Property live on Our Site, the Homextra Portal and/or any of the Partner Sites) you will be liable for the costs of such of the Services as have been provided up to the date of the cancellation.

Subject to how you have chosen to pay for the Services, Homextra will either refund you an amount proportionate to the Services that are still unperformed (such reimbursement to be made by Homextra within 14 calendar days after the date on which you cancel our agreement) or we will notify Retail Money Market Limited of the cancellation, which may result in a proportionate payment being collected from you. Where a deferred payment has been made over the telephone with a Homextra operator, Homextra may charge you an amount proportionate to the Services that have been performed during the cancellation period. We will contact you 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 such cancellation period if the Services have been fully performed.

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 during the cancellation period, refunds will only be given at the sole discretion of Homextra. Where Homextra agrees to give a refund, it will take into account all the costs already incurred by Homextra with regard to the marketing of the Property, including set up costs as well as any external costs such as instructing independent contractors to prepare floor plans, EPCs, brochures etc.

Referrals and Introductions

Any person can introduce or make referrals to Homextra, verbally or via email or any referral scheme. If a person introduced or referred purchases a Package from Homextra then this could be subject to an incentive which could include, for example, vouchers or property marketing add-ons (at the sole discretion of Homextra). Authorised referral incentives will be paid within 14 days from the date the Property is sold.

Any person referred or introduced to Homextra will have the right to opt-out of email campaigns upon receipt of their first email (or subsequent emails).

Local Property Agents

We operate a network of local property agents across the United Kingdom (excluding Scotland) and you will be informed of the Local Property Agent who provides services under the Homextra brand for the area in which your Property is situated. Please note that your Local Property Agent is licensed by Homextra to provide such services to the standards required by Homextra but may not employed by, or an agent of, Homextra.

Complaints

Any complaints about the Services must be made in writing and sent to Homextra via email at HQ@homextra.co.uk. Any such complaints will be dealt with swiftly and professionally and in accordance with Homextra's Complaints Procedure.

Applicable law

These terms and conditions are governed by English law, and you and Homextra agree to submit to the exclusive jurisdiction of the English courts.

Contact us

If you wish to contact us, please email HQ@homextra.co.uk.