SECTION 1 – What you need to know

Capsel Homes provides a lettings service and a sales service. Each service has different terms and conditions. These conditions apply to the Capsel Homes ‘online’ ‘you sell’ service. This is where you have decided to sell your home with some help from us, we are your estate agent and will provide you with support and advice to help you sell your home.

These terms and conditions form part of your agreement. It is important you read these terms and conditions carefully, so you understand the services you have purchased, as these form the basis of your agreement with us. If you have any questions, please call us on 0300 207 9000, email Homes@capsel.co.uk , or tweet @capsel or facebook @CapselWales.

1.1 What we offer (our packages)

YOU SELL’ ONLINE

INCLUDES from us

Sell your home online package

Property visit from our local experienced estate agents

  • Valuation

  • Listing on Capsel Homes website and Right move

  • For Sale board

  • Advice and support

YOU SELL – EXTRAS

SELL YOUR HOME ONLINE

INCLUDES

Accompanied viewings

  • We will arrange the viewing and provide you with feedback

  • We will ensure that we arrange viewing for those who are the most suitable potential buyers

Photography package

  • We will take quality photographs of your property and update Righmove and Capsel homes website

  • We will provide you with a copy of all the photos taken.

Energy Performance Certificate (EPC)

  • We can arrange an energy performance certificate by a qualified assessor.

Property Particulars & valuation

  • A full description of your property which will be used to update Righmove and Capsel Homes Website and printable particulars you can hand out or print off if needed.

Floor plans

  • Drawings produced showing the layout of your property.

1.2 What’s covered and what we do

Registration process

You will need to complete the application process online, register your details and the property that is for sale details, you will need an email address and you will need to complete and upload the description, photos and any additional information such as floor plan and your EPC certificate for the property you are selling. You will then have to pay to register your property with us.

We will receive a notification that you have registered your property for sale with us, using our online service, Capsel Homes ‘you sell’. You will receive an email notification informing you that your property details have been received and you are registered with us. We will then contact you to arrange a property inspection within 7 days of receipt of confirmation of your registration and payment.

Making the initial property inspection appointment

We will contact you to arrange our property inspection this will be within our working hours only. Until we verify your property and personal details we are legally unable to advertise your property as we are acting as your estate agents.

We will make every effort to contact you, if however we fail and cannot verify your property we will remove your property and refund you your payment, less an administration charge.

We will endeavour to be on time but we may be held up for circumstances out of our control, if this occurs we will inform you and we will make another appointment or attend later than originally agreed.

We will verify that the particulars, description, photographs that you have provided are a true reflection of the property. If they are not then we will advise you that we are unable to use the description or photographs you have provided and advise you of alternatives and the reasons why.

We also legally have to check that you are who you say you are and that you have the right to sell the property. We will request a number of ID and confirmation of this when we arrange the appointment.

We will provide you with our valuation of the property, you are not obliged to use this valuation. If you do wish to, we will request that you sign the property information sheet.

We are unable to advertise your property until we verify that you are the home owner or have the legal right to sell your home.

For sale board

These remain the property of Capsel homes, you will be provided with a board colour that you have chosen, however where we have a high demand an alternative board colour choice will be provided. We will be careful not to damage your property or any structures where the board is sited. However where the fixings are against older structures then some small damage may occur, where we feel this is reasonable we will not be responsible for any repairs.

Arranging viewings

Unless you have selected the extra options you are responsible for organizing your own viewings. We have provided you with hints and tips on how to conduct viewings in your home. Please note you are responsible for organising and taking the necessary arrangements for the viewing, as we cannot be held responsible for any missed appointments or wrongful acts. We will though advice you if you have any concerns.

Where we arrange the viewings, if you have selected the extra option, we will contact you to inform you that we have someone wishing to view your property. We will make every effort to verify the potential buyers when they contact us. We will arrange access arrangements with you, we will undertake the viewings and provide you with feedback. Please note of properties of high demand we may make block viewing arrangements if this is considered the most appropriate means of viewing and providing you with the best solution to selling your home.

Taking photographs

You will need to ensure that any photographs you take to use are appropriate, are a true reflection of the property for sale, are not misleading and are current. We will be unable to post any photographs where there are children or persons included within the pictures. We have provided you with hints and tips on how to take photographs.

Where we take photographs for you, if you have selected the extra option we will arrange a time to visit your home, we will advise you of any requirements for us taking the photos. We will provide you with copies of the photos we take and use the most suitable to advertise your property.

Arranging the EPC

You will need to ensure that the property being sold has an up to date Energy performance certificate, this is a legal requirement and further information can be found on https://www.gov.uk/buy-sell-your-home/energy-performance-certificates.

We can arrange an EPC for you, if you wish us to organise this then please select it within the extras or contact us direct. We use a third party assessor who will contact you direct and will provide you with the EPC which you will then have to send to us.

Property particulars

You are responsible for providing a description of your property, its location, and any local amenities etc. Under the Consumer Protection from Unfair Trading Regulations 2008 you are required to provide an accurate description of the rooms and their location. We will check these when we do the initial visit and may alter if required. Your description will be used to advertise your property.

We can provide you with property particulars for an extra charge, you can do this on line or contact us direct to arrange. We will visit your property and provide you with a written description and update some photographs, we will update your advert on Rightmove and on Capsel Homes website. We will send you the property particulars which you will be able to print off and provide to potential buyers who are viewing your home.

Floor plans

Floor plans provide potential buyers with an overview of your property and its layout. We have provided you with hints and tips on how to do floor plans.

We can arrange the floorplans for you, if you wish us to organise this then please select it within the extras or contact us direct. We will contact you to arrange an appointment we will then send you the completed floor plan and use this on your advert in Rightmove and Capsel homes Website.

1.3 What’s not covered?

We will not undertake any extra services unless payment has been made.

Where we attend and consider that we are unable to take property particulars or photographs due to any health and safety concerns you will be notified of the reasons why. We may wish to cancel you agreement or provide you with an alternative appointment.

You are not entitled to make unlimited amounts of changes to your description and photographs. You are allowed up to 3 changes within a 6 month period, this does not include any changes made from any extra services we have provided as part of your packages. Where there are over 3 changes then you will be notified that additional changes will incur our admin charge.

We have the right to cancel this agreement with you at any time.

You have the right to cancel this agreement at any time giving 14 days written notice, this is subject to these terms and conditions.

We will not cover you for any loss or damage caused by our for sale boards.

We will undertake one property inspection, if you make any alterations to the property which change the description or property particulars you are responsible for notifying us immediately.

1.4 Working hours and our contact details.

We only operate within our working hours and we will book our earliest appointment available where we aim to attend within 7 days. However if we are experiencing high demand this may be extended.

If you have any questions or would like to book your property inspection with us or contact us using email or telephone.

Our working hours are: *Monday – Friday: 8:00am to 5:00pm Tel 0333 207 9000 or email us at Homes@capsel.co.uk

(*excluding bank holidays)

If you wish to write to us our address is:

Capsel Ltd
Nant Y Pia House Mamhilad Technology Park Mamhilad
Monmouthshire
NP4 0JJ

SECTION 2: The other stuff you need to know (aka the small print)

2.1 Definitions

Certain words within your terms and conditions or your policy summary have a particular meaning, shown below. Each time we use one of these words it will have the same meaning:

2.1.1 You/Your: The owner /occupier of the property as recorded on your application including any otherpersons who legally own theproperty.

2.1.2 Capsel/We/us/our: Capsel, Nant Y Pia House, Mamhilad Technology Park, Mamhilad, Monmouthshire, NP4 0JJ.

2.1.3 Property/Home: The private dwelling, garage and domestic outbuildings (excluding sheds, greenhouses, non-permanent structures and garden areas) all within the property boundary at the address shown on your application. It must be your home and owned by you and/or your family as a private residence with no business use.

2.1.4 Photographs: the photographs taken of your property/home.

2.1.5 Energy performance certificate: Energy Performance Certificates (EPCs) are legally required whenever a property is built, sold or rented. You must order an EPC for potential buyers and tenants before you market your property to sell or rent.

2.1.6 Floor plans: The visual representation of your internal layout of your property.

2.1.7 Property Particulars: a full description of your property including measurements of the main living and sleeping areas.

2.1.8 Viewings: An appointment where potential buyers visit your home to inspect it and determine if it is suitable for them to purchase.

2.1.9 Sale Board: A board that is erected outside the property to indicate that it is for sale.

2.1.10 Advice and Support: advice relating to the selling of your property and on line support to advise how to complete your application and any concerns you may have about using our service.

2.1.11 Valuation: an estimation of the worth of your property

2.1.12 Application: the online form with your particulars and property details

2.1.13 Registration: This is the date that your contract applies from. This will be when we have received your application form and it has been registered with us.

2.1.14 Property inspection: a visit to your property to inspect and check the information provided by you on your application.

2.1.15 Property Information sheet: The form used to verify the information you have provided is accurate on your online application and to note any changes to the property description.

2.1.16 Administration charge: will be £50

2.1.17 Block Viewing: A number of viewings undertaken in one day usually am or pm.

Registration process

We will automatically register your property once we have received your application and payment and completed the property inspection.

Your property will remain registered with us until either party cancels the agreement or withdraws the property from the market.

You are able to re-register your property free of charge within 6 months of your first registration date. You will need to contact us to inform us.

It is your responsibility to ensure that if you sell your property or decide to withdraw it from the market that you update your application or contact us direct to inform us.

Arranging a viewing

We will forward on details of persons who are interested in viewing your property.

You are responsible for contacting the potential purchasers and arranging your own viewings unless you have opted for us to do the viewing for you at an additional charge.

You are responsible for showing potential purchasers around your property and ensuring that you provide them with the information they require. We have provided hints and tips on how to undertake viewings.

Where we undertake viewings for you, we will contact you to inform you and arrange access. We only undertake viewings within working hours, we will accommodate weekend appointments where there is a high demand only.

We will feedback comments regarding the property from the potential purchasers and provide advice where deemed beneficial to selling your property.

If you regularly fail to arrange viewings with potential purchasers we have the right to cancel your agreement without any refund.

Access

It is your responsibility to ensure that our staff can access your property in order to carry out the initial property inspection and any subsequent visits required to undertake any extra services you have requested.

If we are not able to gain access to your home for us to undertake the property inspection at the time of the appointment, we will write to you and inform you that we were not able to carry out the appointment. It will be your responsibility to arrange for another appointment and to be available at the agreed time and date.

If we fail to gain access to your home to undertake the property inspection on two consecutive appointments, we shall consider our duty discharged and we reserve the right to charge you an administration charge.

Appointment times

The majority of appointments are carried out during our normal operating hours 08:00 – 16:30 Monday to Friday.

At times of high demand, we may have to rearrange your appointment.

Conditions at your home and treatment of our staff

You are responsible for making sure that conditions at your home do not pose a risk to us or any visitors and that it is suitable for us to visit and undertake our inspection, photographs, floor plans etc. If conditions at your home are not suitable we will tell you what you need to do before we can perform the work.

You must at all times behave appropriately when our staff visit your home. You must not physically or verbally abuse our staff in any circumstances.

Payment

You are not formally entered into a contract until payment has been received. Where you have extended these services to include extras, these services will not be provided until payment has been received.

Once payment has been received you have entered into a legally binding contract and you agree to these terms and conditions.

You must pay the prices stated within the Web site and payment must be made as a one off payment, where you are entitled to a refund then any costs incurred from any administration charges will be deducted from the amount owed.

For sale and sold Boards

By agreeing to these terms and conditions you are also agreeing to the erection of one for sale board, additional boards can be ordered and erected for a charge of £25, please contact us to discuss.

If you do not wish to have a board erected outside your property then please contact us to advice.

If you have any queries or concerns over the boards please contact us.

All boards remain our property. You are not allowed to remove the boards, please contact us and we will arrange for the boards to be removed. This may take up to 10 working days, however we aim to remove as soon as possible.

Cancelling by us

We may choose to cancel your contract following our initial property inspection, this may be for the following reasons, where this is the case you will not be entitled to a refund.The information given by you is false or inaccurate

  • Your payment is rejected
  • A health and safety issue arises for which you are responsible, which makes it inappropriate for the contract to continue.
  • You physically or verbally abuse our staff who visit your home.
  • If we choose to cancel this contract for the following reasons you will be entitled to a refund but an administration charge will apply.

You fail to allow us access to your home on two consecutive appointments.
Following the initial inspection We advise you that you are not in a legal position to sell your home.

If we choose to cancel your contract we will notify you, by writing to you at the address we have for you in our records.

Cancellation by You

You are covered by the consumer contract regulation 2014 for these services.

You may cancel this contract anytime between your registration date and your payment being received and up to 14 days after our property inspection.

If we have tried to arrange a property inspection appointment but have not been able to make contact on two or more occasions then we will terminate your contract and will refund your application fee but deduct our administration charge.

You may cancel this contract by notifying us in writing or by telephoning us at the address or telephone number (set out in section 1.4)

If you cancel this contract after the first 14 days from our initial property inspection then you will not be entitled to a refund of any payments you have made.

Our liability

We are not liable for any damage caused by any persons viewing your property.

We are not liable for remedial work arising from board erection

Complaints

If you have a complaint you must contact us and tell us within 28 days of the original issue. We will not consider any complaint made after 28 days.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. It is your responsibility to ensure that you check the terms and conditions and any changes to our site, we will though endeavor to give you reasonable notice of any major changes.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your identification code or password, you must promptly notify us at Homes@capsel.co.uk or Nant Y Pia House, Mamhilad, Pontypool, NP4 0JJ

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third partied, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

If you are a consumer user

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have on liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Rights you are giving us to use material you upload

Whenever you upload content to our site you must ensure that these are relevant and appropriate. When you upload or post content to our site, you grant us the following rights to use that content:

[LICENCES GRANTED TO THE WEBSITE OWNER].

[LICENCES GRANTED TO OTHER USERS OF THE SITE OR TO THIRD PARTIES]

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set our above, please contact us at Homes@capsel.co.uk or Nant Y Pia House, Mamhilad, Pontypool, NP4 0JJ

Refund Policy

Any refunds are to be requested from Capsel Ltd

If a refund is due we will only refund once cleared funds have been received and once it has been agreed by Capsel Ltd that a refund is due to you.

GDPR 2018

Capsel and our agents will use information we have about you and your account to administer, carry out the works and manage your account. Your records will stored securely and only used to verify information whilst using our services.

We will retain your information for a period of 6 months following any cancellation after this period we will delete all information we hold about you and your property.

If we sell your property we have a legal right to hold your information for a period of 7 years, after this period we will delete all information in connection with you and your property.

We will not pass on any of your information to any other agents for any purposes other than for legal requirements and if only requested by a law enforcement agency to prevent money laundering or fraud.

The laws of England and Wales will apply to your contract.