Terms and Conditions

Our General Terms of Use

a) www.hiltonsmythe.com, www.hiltonsmythe.co.uk, www.hiltonsmythe.es, www.hiltonsmythefinance.com are owned and operated by Hilton Smythe Group Limited (10886123) and is made available on the following terms. By using the Website you accept and agree to be bound by these terms which shall be interpreted according to the laws of England & Wales.

b) Any reference to “you” or “your”, means you as user of the Website, any reference to “we”, “us”, “our” or “Hilton Smythe” is to Hilton Smythe Group Limited (10886123).

c) Hilton Smythe may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Hilton Smythe. Your continued use of the site after changes are posted means you agree to be legally bound by these terms as updated and / or amended.

d) Hilton Smythe’s use of personal information supplied by you when you use this Website is governed by our Privacy Policy. Please read this policy which contains important information about how we use your personal information.

e) Hilton Smythe grants you a non-exclusive license to access and use the content in this Website for personal purposes alone. You may not reproduce or distribute any part of the content for commercial purposes without the express written permission of Hilton Smythe.

f) You acknowledge that the database rights, copyright, and all other intellectual property rights comprised in or relating to this Website and in the data it contains belongs to Hilton Smythe.

g) Hilton Smythe makes no representations or warranties whatsoever as to the accuracy of the information contained in this Website. Hilton Smythe  cannot promise that the Website will be free from errors or omissions nor that the site will be available uninterrupted and in a fully operating condition.

h) Hilton Smythe does not accept any liability in connection with any third party Websites that can be accessed through this Website and does not endorse, filter or approve the contents of any such site.

i) Hilton Smythe expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this Website whether directly or indirectly resulting from inaccuracies, omissions, defects, errors, whether typographical or otherwise, out of date information or otherwise, even if such loss was reasonably foreseeable and Hilton Smythe had been advised of the possibility of the same. Consequential and indirect loss and damage shall include but not be limited to loss of profits, loss of goodwill, and wasted expenditure.

j) You agree that any material downloaded or otherwise accessed through the use of this web site is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data, even if such loss and damage was reasonably foreseeable and Hilton Smythe l had been advised of the possibility of the same.

k) You agree not to submit to this Website any material which:

  • Is libelous, harassing, defamatory, invasive of privacy, immoral, abusive, obscene, pornographic or threatening
  • Infringes on any intellectual property rights (including copyrights) of any third party;
  • Violates any law or regulation
  • or advocates illegal activity
  • Contains any worms, spyware, adware, viruses or other harmful, disruptive or destructive files, code or programs.

l) You agree not to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any material that you submit or transmit through our Website.

m) You agree that you are responsible for maintaining the confidentiality of your username and password and for all activity and their consequences, occurring in connection with your username and password.

n) You warrant that:

  • Any submission is your own original work or you have the necessary licenses, rights, consents, and permissions to authorise us to use your submission;
  • All information and details provided by you are accurate, true and up to date in all respects and at all times.

o) You agree that by submitting a contribution to the Website (including any text, pictures, graphics etc.) to grant to Hilton Smythe a perpetual non-exclusive right and license to use, reproduce, distribute, modify, make available to the public, and display in any way your submission and exercise all copyright and publicity rights in respect of your contribution. You further agree to waive any moral rights in your submission.

p) Hilton Smythe may edit, make alterations to, withdraw, refuse to display or delete any contribution to the Website. We reserve the right to suspend, restrict or terminate your access to any part of, or all, of the Website, at any time, at our sole discretion, without any notice. We may also ban or suspend you as a user if you do not comply with these Terms of Use.

q) You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make.

r) You agree to indemnify Hilton Smythe against all legal fees, damages and other expenses that may arise as a result of your breach of these Terms of Use.

s) If you do not agree to be bound by the aforementioned Terms of Use, you should cease using this website immediately.

t) Calls cost 2 pence per minute service charge plus your own phone provider’s access charge. Your phone provider can confirm your access charge.

u) Calls made to or from any device or office of Hilton Smythe, may be recorded.

v) Hilton Smythe Finance Limited is authorised and regulated by the Financial Conduct Authority (FCA).

Business/Property Adverts Disclaimer

Hilton Smythe Commercial for themselves and for the vendor of this property whose agents they are given notice that:

1. Sales particulars/advertisements do not constitute any part of an offer of a contract

2. All statements contained in particulars/advertisements are made without responsibility on the part of Hilton Smythe Commercial or the Vendor.

3. None of the statements contained within the particulars/advertisements is to be relied upon as a statement of representation or fact.

4. Any intending purchaser must satisfy himself by inspection or otherwise as to the correctness of each of the statements contained in the particulars/advertisements.

5. The Vendor does not make or give and neither Hilton Smythe Commercial nor any person in their employment has any authority to make or give any representation or warranty whatever in relation to this business or property.

6. Any reference to the floor area is obtained from the official business rates figures, actual size may therefore vary. Intending purchasers should, as stated above, perform their own due diligence.

7. Hilton Smythe Commercial will attempt to verify details such as the lease term (if applicable) and financial profile as far as reasonably practicable, but purchasers should rely, entirely on their own enquiries, Hilton Smythe Commercial nor the vendor can be held responsible for any inaccuracies.

The above terms apply to all websites or mediums advertised on by Hilton Smythe Commercial, including to but not limited to:

hiltonsmythe.com, daltonsbusiness.com, businessesforsale.com, rightbiz.com, rightmove.com and zoopla.com

Email Terms of Use

This e-mail and any files transmitted with it are confidential and may be legally privileged and are intended solely for the use of the individual or entity to whom they are addressed. Any unauthorisedcopying of this e-mail or its attachments and any use or disclosure of any information contained within same is strictly prohibited and may be illegal.

If you have received this e-mail in error, please notify the sender immediately and delete this email in its entirety from your system. Any views expressed by an individual within this e-mail do not constitute the views or opinions of Hilton Smythe Group Limited (10886123)(“Hilton Smythe”). Hilton Smythe have taken precautions to ensure that this e-mail and any associated attachments are virus free but neither Hilton Smythe nor the sender accepts any responsibility for viruses and it is your responsibility to scan or otherwise to check this e-mail and any files transmitted with it. 

Any emails that are sent to any Hilton Smythe email address or any of the company’s personnel may be monitored by systems or persons other than the named communicant for the purposes of ascertaining whether the communication complies with the law and with the policies of Hilton Smythe. 

Calls to and from Hilton Smythe may be recorded for training and fact verification purposes. 

Hilton Smythe Finance Limited is authorised and regulated by the Financial Conduct Authority (FCA).

Our Advertising

  1. HSC agree to publicly advertise for sale, businesses/properties in line with our agency agreement, through various advertising mediums which may include, but is not limited to businessesforsale.com, daltonsbusiness.com, rightbiz.com, hiltonsmythe.com, zoopla.com. If we are advised by written agreement, and the appropriate fee paid, we may conduct confidential/discreet advertising.
  2. HSC may change the mediums being use to advertise on throughout the course of the agreement, with the exception of any paid advertising, whereby the vendor pays HSC to advertise on nominated platforms/mediums, this will be subject to a separate agreement.
  3. HSC is under no obligation whatsoever, other than under separate written agreement, to specifically advertise, for sale, any business/property on any particular platform or medium.
  4. Advertising on rightmove.com will be subject to additional charges and a separate advertising agreement will be in place.

Client Monies, Deposits and Client Account 

a) We can allow purchasers (in consultation with the owner of the business or property) to pay a holding deposit when purchasing a business or property from us. This is held in our client account and remains the property of the individual who made the deposit. This does not in any way guarantee that a sale will proceed on an exclusive basis; however, HSC instruct all third-party websites to remove all internet advertisements in relation the business or property and will not put new interest forward to the vendor.

b) To comply with the Anti-Money Laundering Regulations, we do not accept any cash deposits and all refunds of monies are done so, back to the person who deposited the money in the method the money was deposited. Further, we will conduct an identity check on all persons who deposit monies into our client account, which is conducted at HSC’s cost and will leave only a soft trace on credit files.

c) Client monies are held in a completely separate client account and any interest gained on client account funds are gifted to our partner charities.

d) At any stage, the person who has made the deposit may request for the monies to be returned , this will be done without delay, within 3 working days, without prejudice as to the ongoing transaction. Equally the vendor may decide they do not wish to proceed with the transaction, at which point, money deposited will be returned upon demand.

e) Payment of a deposit is not intended to legally or contractually bind either party, unless expressly agreed. 

Last Updated: 14th June 2021.