Terms and Conditions
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.
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directly or indirectly resulting from inaccuracies, omissions, defects, errors, whether typographical or otherwise, out of date information or otherwise, even if such loss was reasonably foreseeable and Hilton Smythe had been advised of the possibility of the same.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.
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.
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 for themselves and for the vendor/seller (“Client”, “Clients”), whose agents they are in respect of their Business and/or Property, give you, the Prospective Purchaser, the following notices in respect of any Business and/or Property for sale advertisements it publishes, whether digitally or printed (“Advertisement”):
1. Advertisements are prepared as a general guide to a Business and/or Property for the convenience of a Prospective Purchaser. These Advertisements are intended for businesspeople who are familiar with transactions of a commercial nature. If you do not feel that you fit the description of a businessperson with such commercial experience, you should seek independent, expert advice before proceeding further. Whilst the information provided in such Advertisements is considered to be correct at the date of publication, its accuracy cannot be guaranteed;
2. Advertisements do not constitute any part of an offer of a contract;
3. All statements contained in Advertisements are made without responsibility on the part of Hilton Smythe or the Client and the Prospective Buyer is solely responsible and advised to make appropriate searches, enquiries, inspections and investigations;
4. None of the statements contained within the Advertisements is to be relied upon as a statement of representation or fact;
5. Any Prospective Purchaser must satisfy themselves by inspection or otherwise as to the correctness of each of the statements contained in the Advertisements;
6. The Client does not make or give and neither Hilton Smythe nor any person in their employment has any authority to make or give any representation or warranty whatsoever in relation to any Business and/or Property;
7. Any reference to the floor area is obtained from the official business rates figures, actual size may therefore vary. Prospective Purchasers should, as stated above, perform their own due diligence;
8. Financial statements and any other financial information are provided to the Prospective Purchaser by Hilton Smythe on behalf of the client. Prospective Purchasers should therefore rely entirely on their own enquiries and accept, that Hilton Smythe cannot therefore provide any guarantee as to their completeness or accuracy. As such, Prospective Purchasers accept that Hilton Smythe will not be liable for any loss, damage, cost, expenses or other claim for compensation arising from any inaccuracies or omissions therein and further acknowledge that any transaction is, at all material times, subject to contract;
9. All Prospective Purchasers must make their own enquiries and/or instruct an appropriate professionals to do so on their behalf.
The above terms apply to all websites or mediums advertised on by Hilton Smythe, including to but not limited to:
hiltonsmythe.com, daltonsbusiness.com, businessesforsale.com, rightbiz.com, rightmove.com and zoopla.com
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).
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, unless agreed otherwise. This does not in any way guarantee that a sale will proceed on an exclusive basis; however, HS will normally 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 when a deposit is paid.
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. We will never communicate a change or confirmation of bank details by email. Please call our offices and confirm our bank details over the telephone with us prior to making any payments. We take no responsibility or liability for the loss of any funds sent in error.
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 and the property or business will be re-listed as for sale.
e) Payment of a deposit is not legally binding and cannot be claimed against to recover cost incurred as a result of an abortive sale.
f) Any costs incurred as a result of sale which aborts are the individual responsibility of the seller and buyer. HS are not liable for any fees incurred by any party as result of an abortive sale.
Last Updated: 16th June 2021.