Terms and Conditions
The information contained in this website is for general information purposes only. The information is provided by Black Grace Cowley and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you may be able to link to other websites which are not under the control of Black Grace Cowley. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Black Grace Cowley takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
The terms "you" /"your" refers to you the Customer, Purchaser or Vendor. "We" /"us" /"ours" refers to Black Grace Cowley. The "Service" refers to online marketing offered by Black Grace Cowley or the Customer as well as any facility provided through the website that relates to buying, selling or valuation. Black Grace Cowley will be referred to as BGC.
Entering your property details into the BGC site indicates:
- That the details supplied by you are TRUE and ACCURATE and not misleading in any material way.
- That you are the legal owner of the property with the sole right to sell, or you have legal power of attorney on behalf of the property owner.
- That you agree to BGC publishing these details for you through it's preferred suppliers.
- That on receipt by us of your payment, the un-suspending of your property and the successfull inspection all services will commence immediately.
You allow a member of the Black Grace Cowley team access to the property being placed for sale in order to confirm the accuracy of both valuation and descriptions. Also that you are aware that whilst the property may be available on the Black Grace Cowley web site before this inspection has taken place uploads to specific portals will be suspended until the inspection has been confirmed.
Any photographs submitted for publication against a property must be a true likeness of the property and yours to own, in turn when submitting photographs, you agree to grant a copyright licence to BGC.
You cannot use photographs from a third party without the party's express permission - it is the customer's responsibility to ensure that you have copyright and, in turn, that you agree to indemnify Black Grace Cowley in respect of any claims against us or expenses incurred by us in respect of breach of copyright.
No aspect of BGC may be used outside of the web site and out of the context in which it was written. This does not prevent customers from using their own materials elsewhere PROVIDING that such details are not back-sourced from this website.
CANCELLATION OF SERVICES
You can suspend or withdraw your property at any time. If you sell your property to a buyer, that we have introduced, within six months of the date your instruction ended, our fees will still be payable.
YOUR PRIVACY AND SECURITY
Your personal details are held on a secure database and only full property details you wish to be published are made available once visitors have registered.
All property details supplied by owners to us must be FAIR, HONEST and ACCURATE.
We reserve the right to delete any descriptions which we know or believe to be false or misleading, or where there is a potential for misunderstanding. The property description should only provide a factual breakdown of the property features - it should not include 'claims' about the property or terms of sale which are not a matter of fact or which cannot be ascertained and verified by reasonable inspection, or in the case of any legal aspects, confirmed by available documentation.
The factual accuracy of the information supplied for publication on this site, is the responsibility of vendor and you agree to indemnify BGC against any claims or expenses arising from misleading or inaccurate claims made by you about your property.
Personal Vendor information is not displayed on the BGC website. If you decide to pass on your details you do so at your own risk. All buyers are referred through our systems to the appropriate listing on this website.
Additional contact details or website address URLs are NOT permitted in the property description text and will be deleted.
FOR SALE BOARDS
Under local planning regulations only one board may be displayed outside a property for sale.
LIMIT OF LIABILITY
The maximum liability for any loss arising due to our negligence will be limited to a sum equal to the value of the advertising fee received.
All agreed fees and charges will be confirmed in writing, following your instructions to market your property. Fees will become due on exchange of contracts and payable upon completion. (Unless paid in advance)
DUAL FEE AND MULTI-AGENCY
There may be dual fee liability if you, the seller, have previously instructed another agent to sell the same property on a sole agency, joint sole agency basis or a sole selling rights basis.
If you the seller instructs another agent on a multi agent basis during or after the period of your selling with Black Grace Cowley, there will be no dual fee liability.
INTERRUPTION IN SERVICE
BGC makes every reasonable effort to ensure that our website facilities are available to internet visitors and customers at all times. However, we do not offer any guaranteed percentage time of availability and accept no financial liability for any interruption in service or temporary loss of some or all website facilities at any time. On occasion, necessary maintenance or upgrade work requires the site to be taken 'off-line' without notice, but we endeavour to keep downtime to a minimum and in most cases of scheduled maintenance, this normally involves no more than a few minutes.
Our website is hosted in a secure protected environment with excellent security, fire and backup measures in place, and a very high level of service is anticipated.
DISTANCE SELLING REGULATIONS
Clause 8(3) of The Consumer Protection (Distance Selling) Regulations 2000 states that the statutory cancellation (cooling-off) period of 7 days for services purchased over the internet, does not apply where performance of that service has already commenced with the customer's agreement.
Our online payment facilities are designed to activate your public advertising automatically and therefore, by making a payment for advertising on this site you signify your agreement to the advertising service commencing IMMEDIATELY and that the standard cooling-off period does not apply as per clause 8(3) of the Regulations.
We will always try our best to get it right but sometimes, unforeseeably and uncontrollably, things can go wrong. If you have a complaint about any aspect of our service please call us on 01624 645555 or write to us at 51 Victoria Street DOUGLAS, Isle of Man, IM1 2LD
Any dispute pertaining to the provision of our service is subject to Manx laws.