Terms & Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Kettel a company registered in England and Wales. Our company registration number is 13051220 and our registered office is at 167-169 Great Portland Street, Fifth Floor, London, W1W 5PE.
2.2 How to contact us. You can contact us by writing to us at .
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the service. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the service or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept orders for addresses outside the UK.
4. Your rights to make changes
If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
5. Our rights to make changes
5.1 Minor changes to the services. We may change the service:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the service.
5.2 More significant changes to the services and these terms. In addition, as we informed
you in the description of the service on our website, we may make the following changes to the service, but
if we do so we will notify you and you may then contact us to end the contract before the changes take
effect and receive a refund for any services paid for but not received:
(a) Provide a different solicitor, conveyancer or surveyor than originally identified at point of purchase due to service availability. This would only be done if we expect our partners will not be able to maintain the level of service we expect for our customers.
5.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
6. Providing the service
6.1 When our service will be delivered. We will begin the services on the date we accept your order. The estimated completion date for the services is as told to you during the order process.
6.2 We are not responsible for delays outside our control. If our supply of the service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We do not accept liability for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the service to you. If so, this will have been stated in the description of the services on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the service late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.4 Reasons we may suspend the supply of service to you. We may have to suspend the supply
of a service to:
(a) deal with technical problems or make minor technical changes;
(b) update the service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the service as requested by you or notified by us to you (see clause 6).
6.5 Your rights if we suspend the supply of service. We will contact you in advance to tell you we will be suspending supply of the service, unless the problem is urgent or an emergency. If we have to suspend the service for longer than 48 hours in any we will adjust the price so that you do not pay for service while they are suspended.
6.6 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the service. We will not suspend the services where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the service during the period for which they are suspended. As well as suspending the service we can also charge you interest on your overdue payments (see clause 12.5).
7. Your rights to end the contract
7.1 Ending the contract because of something we have done or are going to do. If you are
ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will
refund you in full for any services which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the service or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
7.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund less any disbursements and work completed. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.3 When you don't have the right to change your mind. You do not have a right to
change your mind in respect of:
(a) services, once these have been completed, even if the cancellation period is still running;
7.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the service is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund as compensation for the net costs we will incur as a result of your ending the contract.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know
by doing one of the following:
(a) Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 How we will refund you. For any agreed refund, we will refund you the agreed value by the method you used for payment.
8.3 Deductions from refunds if you are exercising your right to change your mind. If you
are exercising your right to change your mind:
(a) We reserve the right to deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will include any disbursements paid (Local Authority searches, environmental searches, water & drainage searches and any surveys) be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.4 When your refund will be made. We will make any refunds due to you as soon as
possible. If you are exercising your right to change your mind then:
(a) Your refund will be made within 14 days of your telling us you have changed your mind
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a service at any
time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you as compensation for the net costs we will incur as a result of your breaking the contract.
10. If there is a problem with the service
10.1 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can write to us at .
11. Price and payment
11.1 Where to find the price for the service. The price of the service (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the service you order.
11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.3 When you must pay and how you must pay. We accept payment with credit cards (Visa
& Mastercard), Debit and Direct Debit. When you must pay depends on what service you are buying:
(a) For services, you must make an advance payment outlined in the checkout page to pay for disbursements and survey, before we start providing them. We will invoice you for the balance of the price of the services when we have completed. You must pay each invoice within 7 calendar days after the date of the invoice.
11.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. How we may use your personal information
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.