Terms and Conditions of Business of eMoov Limited
Our terms should be read in conjunction with the law of England and Wales and in particular, law of contract.
The wording contained herein represents an offer to treat. Your acceptance of our terms of business is performed when successful payment is made by a third party ‘customer' in favour of eMoov Limited, howsoever made.
No liability is accepted or should be seen as being implied in so far as third parties employed by eMoov and their actions or inactions. Nor should any liability be assumed in so far as eMoov supplied goods such as for sale boards being used inappropriately by third parties and causing damage to property. No liability is accepted by eMoov in any respect whatsoever where circumstances beyond its control may lead to any loss or inconvenience.
Fee Options and Policy
Our £595 inc vat option is our most popular as it involves no completion fee*. There are no admin fees or costs for alterations or amendments to your ad. There are no withdrawal fees and no sole agency tie-ins or penalty fees. *Our 'List Now Pay Later' offer is an interest free (0%) loan repayable in full 12 months from sign up (or at the earlier legal completion of your sale if you prefer). Funding is provided by Retail Money Market Limited t/a RateSetter. A credit agreement is required and which may involve a 'light' credit check with a credit reference agency. The £595 may be paid by credit card, debit card or via Paypal up front instead of deferring payment via the RateSetter option if you wish.
Our 'no sale-no fee' option means exactly that. You only pay £995 inc vat on legal completion of a sale where the sale was effected by emoov.co.uk by way of an introduction and/or viewing appointment made whether carried out or not. Upon legal completion of a sale involving any viewing party that eMoov arranges an appointment for the fee is payable within three working days of legal completion and you hereby confirm that you contract with us to ensure that this is paid by your property lawyer directly to us from the proceeds of sale. Interest may be added to this amount if payment is not made within the time.
Definition: A sale is the proceeding of a third party with a purchase of the instructed property in question which was subject to the involvement of eMoov in any way. A viewing appointment, whether actually carried out or not, a negotiated offer or an involvement by way of eMoov's substantive communication with the party that subsequently purchased, will be deemed as ‘involvement'. Merely providing a set of details will not be constituted as substantive communication however a regular contact over the same property would be.
eMoov does not operate restrictive sole agency agreements or penalty fees. There are no contractual time period tie-ins. You are free to instruct any or as many alternative or additional estate agents in conjunction with the eMoov service as you wish. No cancellation refunds apply.
The selling/letting customer will verify information displayed by eMoov in relation to their property and will advise eMoov of any inaccuracies. Any material changes which may affect a property's description post instruction must be informed to eMoov by the selling customer. eMoov online estate agents comply with the Consumer Protection Regulations 2008. An Energy Performance Certificate is a legal requirement in England and Wales and must be in place and displayed with the ad listing within 7 days of the ad being published. A Home Report is a legal requirement in Scotland and is the responsibility of the selling client to have in place before a property can be advertised for sale.
eMoov will offer its selling, buying and letting clients and prospective purchasers and tenants additional services via our partners such as mortgages, insurances, pensions, low cost conveyancing, utility switching and other products from which eMoov Limited may derive commission.
Conveyancing work is carried out by carefully selected third party conveyancing partners but to which eMoov have no financial stake and thus no liability is accepted on our part in respect of these third parties.
Please note that special offers from time to time relating to EPC's, Rightmove and Zoopla Premium Listings etc are dependent upon the purchase of a marketing package and are not available as stand alone items.
Information held on our website and elsewhere is intended for your general information and, as such, should only be treated as a guide. eMoov Limited, ‘the company', has used all reasonable endeavours to ensure the accuracy and completeness of its website. It cannot give any representations, assurances, undertakings or warranties about the accuracy, correctness or fitness for purpose regarding the site or any website referred to by it (‘third party site').
eMoov does not approve or endorse any information contained on any third party site and accepts no responsibility for this information or its content. Emoov Limited therefore accepts no liability in connection with any information held on a third party site.
The contents of the company's website and its hard copy documentation are the copyright of the company. You may make copies for your personal use only. You are not allowed to copy and distribute its contents in any way without the prior consent of the company. You should seek appropriate professional advice before taken any action based on any information held on this site.
eMoov Limited cannot be held responsible for content on third party portal sites. The websites that we display as partner sites are representative only and may change from time to time at the behest of others.
Fee comparisons and statements made by eMoov relating to fee savings compared to other/traditional/high street estate agents are formulated using average house price data from sources such as HM Land Registry; the Halifax; WHICH?, the Nationwide and our own records and calculated using typical, accepted alternative estate agency fee costs as published by sources including the Halifax and the Office of Fair Trading (2010 report) from time to time.
Credit and Debit Card Payments
Credit and debit card payments are accepted for payment in respect of the company’s marketing services and optional ‘add ons’ such as photography, sign boards, energy performance certificates, conveyancing products and so on.
Please read these terms carefully before using the online payments facility. Use of company’s online payments application on this website indicates your acceptance of these terms. If you do not accept these terms please do not use the online payments facility on this website.
The company cannot accept any liability if payment is refused, or declined, by the debit / credit card supplier. The company has no control over acceptance over acceptance of card payments and any refusal of payment should be taken up with your card supplier.
eMoov Limited does not store credit or debit card details of any kind.
Confirmation of Payment
Once your payment has been authorised, the application will display a confirmation screen showing the payment details and a UNIQUE transaction reference number. You can print this screen as your receipt for your payment. These details will also be e-mailed to you if you have supplied the system with a valid e-mail address during the transaction. Please keep a note of the transaction receipt number, as you will need to quote this if you have any queries with your payment. Your receipt will not show your debit / credit card details, so if your receipt is lost or stolen, your card details will remain confidential.
If your payment is refused, the application will display a screen informing you of this.
Remember – it is not the company that is refusing your card payment – it is the card issuing bank that is refusing to authorise the payment. If this occurs you will need to contact your card company to discuss the reasons for the refusal.
Where an overpayment occurs a refund will be issued following a request. Where overpayment was initially made by debit/credit card, refunds shall normally be made by bank transfer. Where a payment by any means has been made to the company that payment is final and no refunds will be due. The company instigates various costs at the outset of a property being instructed to it and thus refunds will not be entertained where a customer changes their mind or is subject to a change of circumstances notwithstanding prevailing legislation including the Consumer Protection Regulations 2000 whereby commencement of performance of the contract is deemed to take place at the point that our assessors are instructed. In the event that a customer cancels within 14 days of payment but before 24 hours prior to the assessor home visit, a refund will be made assuming that no costs have been incurred by eMoov. By proceeding with payment you accept that you have given eMoov express consent to incur immediate costs however.
Pay Later with RateSetter
By entering into this agreement you consent to our commencing the provision of our services within your 14 day cancellation period. This means that if you decide to cancel the contract, you will only be entitled to a partial refund for the elements of the service not already provided.
The company provides a secure online payments facility, fully managed to Level 1 approval in line with the Payment Card Industry (PCI) requirements. Once you click on the link to make a payment you will be re-directed to a fully hosted secure managed environment. All information that you send will be fully 128 bit encrypted.
The online payment service is fully managed externally by Paypal, Braintree and the company does not hold any card details on any of its servers or within its infrastructure. The company does not have any access to your card details on the managed service.
The online payments system complies with all of the security requirements of the PCI council – CV2 input, Verified by Visa, MasterCard SecureCode etc. and the company will continue to enhance the application to the highest security standards.
If you should have any difficulties with the payment process you can contact the company at:
eMoov Limited, New North House, Ongar Road, Brentwood CM15 9BB
Tel: 0333 121 4950
Your privacy is very important and the company is committed to protecting your privacy online. Y
We will only use any personal information you send us for the purposes for which you provide it or for other lawful purposes as desribed. We will only hold your information for as long as necessary for these purposes. All employees who have access to your personal data or are associated with the handling of that data are obliged to respect the confidentiality of your personal data.
Upon request we will inform you whether personal information is stored by us. You may write to: eMoov Limited, New North House, Ongar Road, Brentwood CM15 9BB
If you have concerns about the processing of your personal data by the company you may contact the company at the address above, or:
The Office of the Information Commissioner, Wycliffe, HouseWater Lane, Wilmslow, Cheshire SK9 5AX
Feedback, Comments and Complaints
The company welcomes your feedback and comments about eMoov and its products. If you wish to supply any feedback please email email@example.com It is a condition of our membership of the Property Ombudsman Scheme that we provide information relating to our complaints procedure. In the event of a complaint correspondence should be sent to eMoov.co.uk, New North House, Ongar Road, Brentwood CM15 9BB or emailed to firstname.lastname@example.org . All complaints will be acknowledged swiftly, investigated and responded to within five working days.
Limitations of Liability
eMoov Limited its suppliers or other third parties mentioned on this site will not be liable for any damages arising out of the use, inability to use, or results of use of this site, any web sites linked to this site or any material or information contained on this site. Marketing fees represent a twelve month marketing period.
Registration and Authentication
The company may in the future require you to register and be authenticated with us in order for you to access extra services. The information will not be used for sending you newsletters or other promotions unless stated.
Web Site Accessibility
We always try to ensure that our web site is accessible to everyone. We use independent monitors to assess our site. Our site should not present any problems as regards accessibility.
Help us improve our performance
If you experience technical difficulties using this web site please email us at email@example.com or by phone call on 0333 121 4950.