1.1 The definitions in this clause apply to these Terms: Force Majeure Event: shall have the meaning given in clause 11.
Reservation: your reservation for the Services as set out in this document.
Reservation Confirmation: shall have the meaning set out in clause 2.5(b).
Services: the services that we are providing to you as set out in the Reservation.
Terms: the terms and conditions set out in this document.
Opportunity: refers to the chosen opportunities whether property or other and any and all terms, services, conditions, materials pertaining to the fulfilment of this Reservation.
We/Our/Us: Gladfish Property Investment Ltd (“Gladfish”) (Company Registration Number 09533694). Our registered office is Bank House, 81 St Judes Road, Englefield Green, Surrey, United Kingdom, TW20 0DF.
You/Your: The party listed in the ‘Your Personal Details’ section.
Writing or written: includes e-mail.
1.2 Headings do not affect the interpretation of these Terms.
2. Basis of Sale
2.1 We consider these Terms and the Reservation to set out the whole agreement between you and us for the supply of the Services. These Terms only apply to our contracts with consumers.
2.2 Please check that the details in these Terms are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
2.3 Please ensure that you read and understand these Terms before you sign the Reservation because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.
2.4 Any samples, drawings, descriptions or advertising we issue or figures we quote, and any descriptions or illustrations contained in our websites, catalogues, worksheets, checklists or brochures, are issued or published solely to provide you with an approximate idea of the opportunity they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the Services.
2.5 We shall assign a Reservation number to the Reservation, this will normally be your Plot Number together with your Development Name. Please quote the Reservation number in all subsequent correspondence with us relating to the Reservation.
3. Quality of services
3.1 Unless we are prevented from doing so by a Force Majeure Event, we will provide the Services.
3.2 Advice about your legal rights is available from your solicitor, local Citizens’ Advice Bureau or Trading Standards office.
3.3 These Terms apply to any replacement Services we supply to you in the unlikely event that the original Services do not conform with these Terms.
3.4 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Terms.
3.5 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Reservation by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
4. Provision of services
4.1 We will supply the Services to you from the date set out in the Reservation.
4.2 The Services will be supplied until otherwise terminated in accordance with these Terms.
4.3 We will make every effort to complete the Services on time but there may be delays due to circumstances beyond our control. In this case, we will complete the Services as soon as reasonably possible.
4.4 We may have to suspend the Services if, for example, we must deal with technical problems, or to make improvements to the Service. We will let you know in advance where this occurs unless the problem is urgent or an emergency.
5. Sales Progression Services
5.1 Gladfish Property Investment Ltd will outsource the progression of your purchase from the point of reservation onwards to Ezytrac Property Management Ltd or assigns.
5.2 You agree to details pertaining to this Reservation being transferred and used for the sales progression and lettings.
6. Furniture Package (if applicable)
Full terms and conditions are available at Furniture Terms and Conditions
7. Lettings @amp;amp; Management (if applicable)
Full terms and conditions are available at Landlords Schedule of Fees and Services and Terms of Business
8. Property Guarantees (if applicable)
Full terms and conditions are available at Property Guarantees.
9. Price and payment
9.1 The price of the Services will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, our normal price list will be in force at the time we confirm your Reservation. Prices are liable to change at any time, but price changes will not affect Reservations that we have confirmed in writing.
9.2 These prices include VAT. However, if the rate of VAT changes between the date of the Reservation and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
9.3 We may invoice you for the Services at any time after we have provided the Services to you. The invoice will quote the Reservation Number. You must pay the invoice in cleared monies within 7 calendar days of the date of the invoice by bank transfer or telegraphic transfer or where available, Credit Card.
9.4 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the Services or any other outstanding Reservation until you have paid the outstanding amounts.
9.5 Reservation Deposit. A Reservation Deposit is usually payable on the reservation of a given opportunity. The amount will be given at the time of the marketing launch. In the event that for any reason you do not proceed through to exchange any Reservation Deposit paid will be non-refundable.
9.6 Buyers Agent Fee. In consideration of the Buyers Agent Fee, we undertake to source an opportunity/property. Should a sourced opportunity/property not proceed for whatever reason we will replace with another deal. Agents Fees are non-refundable.
9.7 Sales Progression Fee - Where applicable we may charge a fee for the management of the sales progression. This fee is non-refundable, however in the event of a you transferring to another property it is transferable.
9.8 Introducer fees, Agency fees, third party fees and commissions. You agree we may, in addition to Agents fees, receive introducer fees, referral fees, and/or commissions. This can include fees from developers and other third parties.
10. Limitation of liability
10.1 Subject to clause 10.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses, which you or we could reasonably foresee, would result from the failure to comply with these Terms.
10.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories: (a) loss of income or revenue; (b) loss of business; (c) loss of anticipated savings; or (d) loss of data. However, this clause 10.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
10.3 We disclaim to the maximum extent permitted by law all representations, warranties (express or implied) regarding products, services, quantities, pricing, information, published on our website, in our brochures or other documents or in any other form or location. Data is constantly updated and therefore is not necessarily accurate, current or complete.
10.4 By use of our Service, you agree to bear full responsibility for your own investment research and investment decisions. You also agree that we shall not be liable for any decision made or action taken based upon reliance on news, information, or any material published or provided in any media by us.
10.5 Disclaimer. While every effort has been made to accurately represent our products and their potential there is no guarantee (unless specifically stated) that you will earn any achieve the returns given as examples.
10.6 Due Diligence. It is up to you to conduct sufficient due diligence and research into the property including seeking competent authority prior to making any financial decision; this includes undertaking a property valuation, researching the area and market rent. We make no claims as to the specification sheet for the individual plots. You are aware that property values and rents can go up as well as down and that if you do not keep up payments on loans or mortgages secured on your property it may be repossessed and you may ultimately be faced with bankruptcy.
10.7 It is up to you to make any necessary insurance arrangements in place and to obtain adequate cover.
11. Events outside our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: (a) strikes, lock-outs or other industrial action; or (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or (c) fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster; or (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or (e) impossibility of the use of public or private telecommunications networks. (f) Developer or Builder going into liquidation or administration causing delays or cessation in the build program.
11.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
12. Assignment.
You may not transfer any of your rights or obligations under these Terms to another person/entity with our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
13. Notices
All notices sent by you to us must be sent to us at the following address, Managing Director, Gladfish Property Investment Ltd, Bank House, 81 St Judes Road, Englefield Green, Surrey, United Kingdom, TW20 0DF or email legal@ezytrac.uk. We may give notice to you at either the email or postal address you provide to us in the Reservation. Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the email was sent to the specified email address of the addressee.
14. Data protection
We are registered as a Data Controller and Processor for GDPR with the Information Commissioners Office (ICO) Registration number: ZA267667
14.1 We will only use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.
14.2 You acknowledge and agree that we may pass your personal data and details of this purchase that we deem necessary to third parties including but not limited to credit reference agencies, mortgage brokers, solicitors, letting agents, snagging, window coverings, furniture and flooring contractors and we are permitted to discuss the particulars of the service we provide with third parties.
12. Complaints
If you have a complaint about any part of the service, in the first instance, please contact us in writing to: Managing Director, Gladfish Property, Suite 6 The Regatta Henley Way Lincoln LN6 3QR or https://www.ezytrac.uk/complaints or telephone +44 (0)207 923 6100. You may also contact the Property Redress Scheme.
13. Consumer Protection
As the contract for our services may have been made other than in person (for example by telephone, fax or e-mail) the Consumer Protection (Distance Selling) Regulations 2000 may apply (“the Regulations”). Please note that you have the right to cancel this contract. To do so you must give us written notice within seven (7) working days starting from the day after you receive this agreement.
14.Entire Agreement
14.1 The parties agree and acknowledge that this Agreement together with any documents referred to in it constitutes the entire agreement between you and Gladfish and supersedes any previous arrangement understanding or agreement (whether in writing or not) between them relating to this Reservation;
14.2 in entering into this Agreement neither party has relied on any Pre-Contractual Statement; and
14.3 neither party shall have any right of action against the other in respect of any Pre-Contractual Statement.
14.4 Nothing in this Agreement shall limit or exclude any liability for fraud.
15. General
15.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15.2 A person who is not a party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
15.3 These Terms shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts.
