Terms & Conditions

Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you’re not happy with. 

If you’re not sure about anything, just phone us on 020 4586 4495.

Application

1. These Terms and Conditions will apply to the purchase of the services by you (the Customer or you).
2.  We are OT Property Group, a trading style of Trismar Ltd, a company registered in England and Wales under number 15637163 whose registered office is at 15 Century Building,   Liverpool, L3 4BJ  with email address hello@otpropertygroup.com; telephone number (020 4586 4495) (the Supplier or us or we).
3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
4. By agreeing to these terms, you declare that you are the legal and beneficial owner of the property set out in the Order (the ‘Property’) and/or that you have the authority to act on behalf of all legal and beneficial owners of the Property and to sell the Property.
5. If the Customer is more than one person, then the liability of each person to us under this Contract will be joint and several. You agree that you will be liable to us irrespective of whether you are a legal or beneficial owner of the Property.
6. Once a Panel Member has been selected to list your property, we will notify you and you will enter into an agreement with them. This Agreement will remain in place as set out in clauses 33, 34 and 35 below.
7. Your chosen Panel Member will have their own fees and payment terms that you will agree to with them directly. 
8. You shall not be entitled to assign, sub-contract or otherwise dispose of any of your rights or obligations under these Terms without our prior written consent.

9. We may at any time and without seeking your consent, assign or sub-contract our rights and obligations under these Terms providing your rights are not affected.

10. Order forms sent to you form an integral part of these Terms and Conditions. Should any discrepancies arise between these Terms and Conditions and the Order Forms, these Terms and Conditions shall take precedence. 

Interpretation

11. Consumer / You means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
12. Company / Us means the Trismar Ltd whose details are provided in paragraph 2 of these Terms and Conditions. 
13. Contract means the legally-binding agreement between you and us for the supply of the Services. In the context of these Terms and Conditions, Contract covers these Terms and Conditions and the order form communicated to you.
14. Order means the Customer’s order for the Services from the Supplier as set out, sent separately;
15. Services means the services, of the number and description set out in the Order.
16. Panel Member means a company or group of individuals that we work with that specialise in the purchasing of property 

Services

4. The description of the Services is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies.
5. In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
6. All Services are subject to availability
7. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer Responsibilities

8. You must cooperate with us in all matters relating to the Services, provide us and our authorised employees and representatives with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
9. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
10. Complaints can be made in writing to hello@otpropertygroup.com. We will aim to respond within 5 business days.
11. You warrant that all information provided by you is true, accurate, up-to-date and is not misleading. 
12. You warrant that you will comply with all applicable laws and regulations, you will not involve in fraudulent activity and you also warrant that you are not in a restricted jurisdiction. 
13. You warrant that you will not use our services for any illegal or immoral purposes and you will not infringe any third-party rights in using our services.  You also warrant that you are at least 18 years of age and have the capacity to enter into these Terms and Conditions. 
14. You agree that you will not circumvent us to enter into an agreement with the investors directly. 
15. You warrant that you shall not make any false or misleading representations regarding us.
16. You warrant that you hold all necessary licenses, permissions, and approvals to fulfil your obligations under these Terms and Conditions. 

Basis of Sale

17. The description of the Services in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services.
18. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
19. A Contract will be formed for the Services ordered, only upon  the Supplier sending an email to the Customer saying that the Order has been accepted  or, if earlier, the Supplier’s delivery of the Services to the Customer.
20. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 90 days from its date, unless we expressly withdraw it at an earlier time.
21. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract over the phone. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.

Fees, Payment and Refunds

23. The fees (Fees) for the Services are set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
24. Fees and charges include VAT at the rate applicable at the time of the Order.
25. Payment for Services must be made  at least 1 day in advance of the Services starting. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
26. The Order will outline your right to refund, depending on the Package you have purchased. Details of your package will be found in your Order.
27. You have a 14 day cooling off period, within which you can cancel your order and receive a refund in full, without providing a reason to the Supplier.

Delivery

28. We will deliver the Services by the time or within the agreed period as set out in the Duration below; and
29. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by the amount set out in the Order (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
30. In the event that a purchaser exchanges a legally binding contract with you, our fees remain due and payable even if completion of the sale does not take place for whatever reason. However, if the sale of the Property does not proceed to completion due to any unforeseen event, we reserve the right in our absolute discretion to provide a rebate (or where our fees have already been paid, a refund) on our fees of an amount equivalent to 50% of the amount due (or paid) to us.
31. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Services or rejecting Services that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Services.

Withdrawal

32. You can withdraw the Order, if you simply wish to change your mind and without giving us a reason, and without incurring any liability within the 14 day cooling off period.

Conformity

33. We will supply the Services with reasonable skill and care.
34. We will provide the following after-sales services:
    1. We will re-list your property with another panel member if it does not sell with the initial panel member within 28 days.
    2. We will do this a total of three times, including the original listing over a 90 day period.
    3. You have the right to extend the number of listings at no extra cost, however all fees will remain payable as set out in the Order once the services are complete.
35. This Agreement constitutes the entire agreement between the Parties and supersedes all prior understandings, representations, and agreements.

Duration, Termination and Suspension

36. The Contract continues as long as it takes us to perform the Services or within 90 days, whichever is sooner.
37. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
    1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
    2. is subject to any step towards its bankruptcy or liquidation.
38. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Exclusivity

39. You agree that for a period of 90 days from the date of the Order, that you will not list the Property with any other real estate agency or listing platform for the purpose of sale or lease. You acknowledge that we will invest time, resources, and efforts into marketing and selling the Property and, therefore, agree to grant exclusivity to the Supplier for the duration specified herein.

Privacy

40. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
41. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy.
42. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
    2. ‘GDPR’ means the UK General Data Protection Regulation.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
43. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
44. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
45. For any enquiries or complaints regarding data privacy, you can email: hello@otpropertygroup.com.

Circumstances Beyond the Control of Either Party

46. We reserve the right to delay performance or to cancel the Contract (without any liability to you) and we will not be liable to you for any delay in performing or failure to perform our obligations under the Contract if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-out, strikes or other labour disputes (whether or not relating to either party’s workforce) or your default provided that, if the event in question continues for a continuous period in excess of 10 days, you shall be entitled to give notice in writing to us to terminate the Contract.

Excluding Liability

47. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services wholly or mainly for your business, trade, craft or profession. In any event, our total liability to you shall not exceed two times the total amount paid by you to us.

48. Indemnification. You agree to indemnify and hold harmless Us, our partners, our directors, our employees, and other personnel(“Indemnified”) from and against any and all demands, claims, causes of action, losses, damages, liabilities, costs, and expenses asserted by any third party against the indemnified persons resulting from any breach of your obligations, representations, statements or warranties (“Indemnifying party”) or your misconduct or negligence under these Terms.

49. Disclaimer of warranties for results. We do not guarantee, warrant or promise any particular result, or achievement for your use of our services. You free Us of any liability for your failure to obtain any particular result or achievement by using our services.

Governing Law, Jurisdiction and Complaints

50. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
51. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
52. We try to avoid any dispute, so we deal with complaints as follows: If a customer is unsatisfied with the services or have any complaints, the customer can contact us via one of the following methods: 

Phone number:  020 4586 4495

Email: hello@otpropertygroup.com

Upon receipt of your formal complaint, we will respond to you within 3 business days to confirm the receipt of your complaint. We will carry out an investigation and get back to you within 15 business days with an outcome in relation to your complaint.