Terms and Conditions
Website terms and conditions of use
These terms (and any documents referred to in them) tell you the terms on which you may make use of the website under the domain name http://www.charleschurch.com/ (the Site).
Please read these terms carefully before using the Site. By using the Site you confirm your acceptance of these terms regardless of whether or not you choose to register with us. If you do not accept these terms, you should exit the Site immediately and refrain from using it.
1 Information about us
- 1.1 We are Persimmon plc. We are a company registered in England and Wales at Companies House.
- 1.2 Our registered office is at Persimmon House, Fulford, York Y019 4FE and our registered number is 1818486.
- 1.3 If you have any queries about the Site or any information contained on it, please contact us at Persimmon plc, Persimmon House, Fulford, York Y019 4FE or by email at email@example.com or by telephone on 01904 642199.
- 2.1 The Site is offered as a free service to you. You may access most areas of the Site without registering your details with us, however certain areas of the Site are only open to you if you register.
- 2.2 You may register to become a member in accordance with the conditions set out below at Clause 7.
- 2.3 In the event that you breach these terms, your permission to use the Site terminates immediately and you must immediately destroy any downloaded or printed extracts from the Site.
3 Intellectual property rights
- 3.1 The Site is owned by Persimmon plc and any and all intellectual property rights in the Site including, but not limited to, copyright and database rights and any logos or trademarks (whether registered or unregistered) are owned by and remain the property of Persimmon plc (or its third party licensors as applicable) at all times.
- 3.2 Charles Church and the Charles Church crest are registered trade marks of Persimmon plc.
- 3.3 You are permitted to print off one copy and may download extracts of the content on the Site for your own personal use, and may draw the attention of others within your organisation to material posted on the Site, provided that:
- 3.3.1 our status (and that of any identified contributors) as authors of material on the Site is always acknowledged;
- 3.3.2 no documents or related graphics on the Site are modified in any way, this includes the removal of any copyright or other proprietary notices contained in the Site;
- 3.3.3 no graphics on the Site are used separately from the corresponding text;
- 3.3.4 you do not use any part of the content on the Site for commercial purposes without our prior written consent;
- 3.3.5 you agree that you will not use any part of the Site to:
- (a) commit or encourage any criminal offence;
- (b) send or receive any material which is offensive, or which may be abusive, indecent, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights. In the event we believe any material falls within any or all of these categories we shall be entitled to remove it without notice;
- (c) collect or store personal data about other users;
- (d) insert or knowingly or recklessly transmit or distribute a virus, worm, Trojan horse, time bomb, trap door or any other computer code, files or programs or repetitive requests designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of or impair the functionality of the Site;
- (e) hack into any aspect of the Site;
- (f) circumvent, or attempt to seek to circumvent, any of the security safeguards of the Site;
- (g) send any unsolicited advertising or other promotional material, commonly referred to as "spam", "junk mail", "chain letter", "pyramid schemes" or any other form of solicitation by email or by any other electronic means;
- (h) send email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities; or
- (i) permit any third party to do any of the above.
- 3.4 Any rights not expressly granted in these terms are reserved.
- 4.2 The content made available on the Site is intended for general information purposes only and is provided on an "as is" basis. It does not constitute advice or the making of any recommendation and the content on the Site should not be relied upon as the basis for any decision or action.
- 4.3 We exclude to the fullest extent permitted by law any and all liability for any direct, indirect or consequential loss or damage arising as a result of the access to and use of the Site or reliance on the content contained on it, including but not limited to:
- 4.3.1 loss of business, or business information;
- 4.3.2 business interruption;
- 4.3.3 loss of profits;
- 4.3.4 loss of anticipated savings;
- 4.3.5 loss of contracts; or
- 4.3.6 loss of data; regardless of whether any such loss or damage would arise in the ordinary course of events or otherwise or is reasonably foreseeable or is otherwise in the contemplation of the parties in connection with this Site.
- 4.4 We aim to ensure the Site is updated regularly. However, we are under no obligation to update the material contained on the Site and cannot guarantee that content will always be completely up to date. We have taken all reasonable care in preparing the information displayed on the Site and endeavour to ensure that information is accurate when it is placed on the Site by us. However, the content of the Site is subject to change and we make no warranties or representations as to its accuracy, or that your use of the Site will not infringe the rights of third parties or for any alleged or actual infringement of third party rights.
- 4.5 The use of information obtained from the Site is at your sole discretion and risk.
- 4.6 We take reasonable precautions to prevent viruses and malicious code on the Site, but you are responsible for ensuring that anything downloaded from the Site is suitable for use on your computer and is free from viruses and malicious code and we exclude to the fullest extent permitted by law any and all liability that may arise in connection with or as a result of any failure to do so.
- 4.7 We do not represent, warrant or undertake that the use of the Site will be uninterrupted or error free. We reserve the right to withdraw, amend, suspend access to or close all or any part of the Site temporarily or permanently without notice and we shall not have any liability for doing so.
- 4.8 Any transmission, downloading or sending of any information from the Site does not create any contractual relationship.
- 4.9 You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
5 Property information
- 5.1 Property particulars displayed on the Site are for illustration purposes only and constitute general guidance only. Property particulars on the Site are not a warranty, contract or part of a contract. You should take appropriate steps to verify any information upon which you wish to rely. To find out more information about a property, please contact us by either phoning the number listed against the relevant development on which the property is located, or by completing the "Request Call Back" form on the Site.
- 5.2 Photographs, site plans, floor plans & dimensions, videos, illustrations and computer-generated images displayed on the Site are for illustration purposes only. Any areas, measurements and distances given are approximate only.
- 5.3 Any reference to alterations to, or use of, any part of the property does not mean that any necessary planning, building regulations or other consent has been obtained and you should take appropriate steps to verify any such information.
- 5.4 The VAT position relating to the property may change without notice.
- 6.1 Links to third party websites on the Site are provided solely for your convenience and service. If you choose to use a hypertext link then you will leave the Site. Once you leave the Site, whether or not you realise that you are leaving, we are no longer in any way responsible for the material on the other website that you enter. We do not endorse or make any representations about these third party websites or any material found there. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of damage caused by such external website material including without limitation any damage, costs, injury or financial loss.
- 6.2 Whilst we retain the right to establish any Hypertext Links* between the Site and any third party website at our discretion, you agree that you will not create any Hypertext Links or Deep Links** between the Site and any third party website without our express prior written consent. *Hypertext Links are a means by which visitors can skip from one website to another or from one page to another within the same website. **Deep Links are similar to Hypertext Links but they take visitors into the website bypassing the home page on the third party website.
7 Membership conditions
- 7.1 You may become a member in accordance with this Clause 7.
- 7.2 Membership will enable you to save, for subsequent retrieval and brochure production, those Properties and Developments that are of interest to you. Membership will also allow you to opt to receive news and offers from Persimmon plc.
- 7.3 In order to become a member you will have to register on the Site to obtain log-in details which will enable you to access the membership areas of the Site.
- 7.4 As a member you must treat your log-in details as confidential and must not disclose them to a third party. You must inform us immediately of any breach of this obligation.
- 7.5 We have the right to disable your membership at any time, if in our opinion you have failed to comply with these terms.
- 8.1 We reserve the right to change any part of the Site or these terms at any time without notice.
- 8.2 We may vary these terms from time to time. If we make substantial changes, we will notify you by electronic mail or by posting a prominent announcement on the Site.
- 8.4 If any provision of these terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
- 9.1 The Site is controlled and operated by Persimmon plc from the United Kingdom. We make no representations that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
- 9.2 These terms and your use of information or materials from this Site shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the courts of England and Wales, save that we may take action in any appropriate jurisdiction to protect our intellectual property rights.
10 Help to Buy: Equity Loan (2021-23)
- 10.1 Help to Buy: Equity Loan (2021-23), England is available subject to eligibility, terms and conditions. First-time homebuyers who meet affordability and lending terms can borrow an equity loan of up to 20% (40% in London) of the sale price of a new build home. How much you can spend on your home will depend on which region it is in. North East £186,100; North West 224,400; Yorkshire and the Humber £228,100; East Midlands £261,900; West Midlands £255,600; East of England £407,400; London £600,000; South East £437,600; South West £349,000. You must fund at least 80% (60% in London) of the sale price with a mortgage and at least a 5% deposit.
- 10.2 In order to qualify for Help to Buy: Equity Loan 2021-2023 programme you must be a first time buyer, meaning purchaser(s) who have not (either alone or with others): previously acquired via purchase, gift, trust or inheritance and major interest in a dwelling or an equivalent interest in residential land situated anywhere in the world; and/or benefited from any form of sharia mortgage finance. If the Eligible Dwelling is being bought by more than one individual all purchasers must be first time buyers.
- 10.3 Pay no interest on the loan for the first 5 years. Interest fees start at 1.75% and rise each year in April by the Consumer Prices Index (CPI) plus 2%. You pay a monthly management fee of £1 for the life of the loan. Homes England, the lender, secures the equity loan as a second charge on your Help to Buy home. You must repay the equity loan when you sell the home or pay off your mortgage. You can repay all or part (10% to 30%) of the loan any time before then. An independent financial adviser and a solicitor may be able to help you decide if Help to Buy is right for you.
- 10.4 A professional legal adviser is required to carry out the legal formalities of buying the home and to represent your interests. Charles Church can provide you with a list of recommended solicitors and/or financial advisers as necessary. Charles Church cannot advise you on a mortgage. Your home may be repossessed if you do not keep up repayments on your mortgage, equity loan or other loans secured against it.
11 Help to Buy - Wales
- 11.1 Help to Buy - Wales: "Help to Buy - Wales scheme is available on all plots in Wales (subject to status) with a full purchase price up to £300,000. Eligible applicants are required to fund at least 80% of the purchase price with a conventional repayment mortgage from a qualifying lender and minimum of 5% deposit. They will be offered an Equity Loan of up to 20% of the full purchase price through Help to Buy Wales Limited on behalf of the Welsh Government. The Equity Loan is secured by way of second charge over on the Help to Buy home and needs to be repaid within 25 years. Early payments can be made by the applicant either in part (subject to a minimum amount) or in full and any amount repaid is based on the value of the property at the time of the payment. For the first five years there is no interest charged on the Equity Loan. At the start of year six, 1.75% interest is payable on the Equity Loan which rises annually by RPI inflation plus 1%. Terms and conditions apply. Applicants should seek independent financial advice, and get information and guidance on applying for a Help to Buy: Wales at www.gov.wales/help-buy-wales-buyers-guide
- 11.2 A professional legal adviser is required to act on your behalf in carrying out the legal formalities of buying the home. Charles Church can provide you with a list of recommended independent solicitors and/or financial advisers from its panel as necessary (although there is no obligation to use a solicitor and/or financial advisor from Charles Church's panel). Charles Church cannot advise you in relation to any mortgage. The Help to Buy - Wales scheme is subject to availability and may be withdrawn at any time without notice. It is not to be used in conjunction with any other purchase assistance scheme, offer or promotion. Your home may be repossessed if you do not keep up repayments on your mortgage, your equity loan or other debt secured on it. For full details on the Equity Loan scheme please visit www.gov.wales/help-buy-wales-buyers-guide
13 National offer
Receive up to £25,000 cashback when you reserve a Charles Church home
13.1 This offer is available on selected developments and plots only, subject to status and availability.
13.2 To qualify for this Offer you need to have paid your reservation fee and entered into a reservation agreement for a Charles Church home with Charles Church no later than 21st of May 2023.
13.3 The financial Incentive that will be given to you will (subject to the following terms) equates to 5% of the purchase sale price of the Charles Church home, up to a maximum of £25,000. So if a Charles Church home was purchased at £350,000, you would receive a discount of £17,500 at legal completion of the purchase, which would be reflected on your completion statement.
13.4 The total financial Incentive will not exceed 5% of the agreed sale price (up to a maximum of £25,000) of the property (disregarding this Incentive and disregarding any other financial incentives and/or additional sums you agree to pay for select options and extras).
13.5 Excludes (i) Buy to let mortgage products and (ii) properties purchased using First Homes Scheme or other Discount from Market Value schemes and (iii) properties purchased using any of the Charles Church part exchange or home change schemes.
13.6 Charles Church reserves the right to suspend cancel or amend this Offer at any time without notice. Any suspension, cancellation or amendment will be published on Charles Church’s website.
National offer - 105% Part Exchange
13.7 The 105% Part Exchange offer is available on selected plots and subject to status. 105% Part Exchange is available to existing homeowners only.
13.8 To qualify for this Offer you need to have paid your reservation fee and entered into a reservation agreement for a Charles Church home with Charles Church no later than 21st May 2023.
13.9 If you’re eligible for 105% Part Exchange, we’ll organise the sale of your existing home from start to finish for you. We’ll agree a fair and realistic price for your house with you, based on independent estate agent valuations.
13.10 A professional legal adviser is required to be engaged by you to carry out the legal formalities of buying the home and to represent your interests. You’ll still have to cover the costs of solicitor fees and any certifications (i.e. for gas and electrics etc) required as part of the normal selling/buying process.
13.11 If you’re currently marketing your home, you’ll be responsible for all related costs with your current selling agent. It’s your responsibility to ensure you serve sufficient notice if signed up to a sole agency agreement or similar.
13.12 Charles Church can provide you with a list of our recommended solicitors and/or financial advisors as necessary. Charles Church cannot advise you on a mortgage. 105% Part Exchange is subject to availability and may be withdrawn at any time without notice.
13.13 The 105% Part Exchange scheme may not be available in conjunction with any other promotions or offers. Full details are available on request. YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON YOUR MORTGAGE OR OTHER DEBT SECURED ON IT.
13.14 The Deposit Boost offer is available on selected developments and plots only, subject to status and availability.
13.15 This offer cannot be used in conjunction with any other Charles Church offer.
13.16 This offer is not available on Buy to Let property purchases.
13.17 This offer is for Charles Church to contribute towards your deposit up to a maximum of 5% of the purchase price.
13.18 This 5% sum will be agreed with you prior to the reservation of a Charles Church property.
13.19 Purchasers are required to contribute a minimum 10% deposit.
13.20 Charles Church’s contribution of 5% towards the cost of a new Charles Church is paid directly to the purchaser’s solicitor at the time of legal completion. It is not paid to the purchaser.
13.21 Purchasers must meet the lender’s mortgage eligibility criteria.
13.22 Legal completion must take place on or before the date agreed at the time of reservation in accordance with the terms and conditions of the legal contract.
13.23 Charles Church reserve the right to withdraw or alter the terms of this offer at any time prior to payment of a reservation fee.
14. Hashtag Competition Terms & Conditions (“the Terms”)
- 1. By entering the Promotion, the entrant agrees to be bound by these Terms & Conditions.
- 2. The Promoter is Charles Church Developments Limited a company incorporated in England with company number 01182689 whose registered office address is Persimmon House, Fulford, York UK, YO19 4FE. The term Promoter shall be deemed to mean Charles Church Developments Limited and all companies within the same company group as Charles Church Developments Limited.
- 3. The following are not eligible to participate in the Promotion (and may under no circumstances be Eligible Entrants):
3.1 Employees of the Promoter and their immediate family members;
3.2 contractors of, suppliers to and others contractually engaged by Charles Church (or any of its group companies) including (in each case) their employees and family members thereof.
- 4. It is the responsibility of entrants to keep themselves informed as to any updates of the Rules (which the Promoter may from time to time vary, and any varied Terms will be posted on www.CharlesChurch.com), and each entrant acknowledges that any failure to comply with these Rules could lead to their disqualification without reasons being given or opportunity for challenge. The Promoter’s discretion is such matters shall be final.
- 5. The general principle is fairness: Entries or votes should be made or cast fairly. If, in the opinion of the Judges (being certain staff employed by the Promoter), this principle has been or is likely to have been flouted, they can declare any entries or votes invalid, void the Promotion, change the Promotion Terms or instructions, or adjust the entries or the voting to achieve fairness, as they think fit. Only one entry/vote per entrant (or household, computer or other unit as appropriate) will be permitted in order for that. To be eligible to participate in the Promotion
- 6. The Promotion will commence on the 1st of each month at 00:01 (GMT). The closing date for the receipt of entries is 23:59 (GMT) on the last day of each month (“Closing Date”).
- 7. An Eligible Entrant shall be (subject to these Terms) an individual person who is a resident in the United Kingdom (excluding Northern Ireland) who at the date of entry into this Promotion is aged 18 or over.
- 8. The Promoter assumes that by entering the Promotion an entrant (and each individual entrant warrants that) is are aged 18 or over.
- 9. The Promotion is for the chance to win one £100 digital voucher for John Lewis.
- 10. The Prize is not transferable and there is no cash alternative to the voucher. The Promoter reserves the right to substitute the Prize with product(s) of equal or greater value at any time.
- 11. The Prize or any promotional item(s) must not be auctioned or resold. The Promoter reserves the right to refuse to accept further entries under the Promotion if it becomes aware of the reselling or auctioning of the Prize of any promotional item(s).
- 12. An Eligible Entrant can enter the Promotion via the Charles Church Instagram account using the #CharlesChurchLife hashtag.
- 13. Different members of the same family are eligible to apply (so long as they are not members of the same household).
- 14. All valid Entries on Instagram will be considered by the Judges for the chance to win the prize. A single prize winner will be selected by the Judges from all qualifying entries within 14 days of the relevant monthly Closing Date.
- 15. The prize winner will be notified via the method of entry (or otherwise as the Promoter so requires) within 14 days of the Promoter’s selection (“Notification”).
- 16. The prize winners must respond to the Promoter within 48 hours of the date of the Notification to claim the Prize. If the prize winner fails to claim the Prize within the said period, they will forfeit the Prize and another valid Entry will be drawn.
- 17. The Promoter will arrange for the Prize to be delivered to the prize winner at the Promoter’s cost.
- 18. The Promoter cannot accept responsibility for delayed or incorrectly submitted entries, or entries which are not submitted via Instagram.
- 19. In all matters relating to the Promotion, the decision of the Promoter shall be final, and each entrant accepts that the Promoter is under no obligation to enter into any correspondence or discussion relating to the Promotion.
- 20. At all times throughout the Promotion, entrants must deal with the Promoter in the upmost good faith in every respect. The Promoter reserves the right to verify the eligibility of all entrants and disqualify any entrant that it has reasonable grounds to believe has breached any of the Rules, including, but not limited to, falsifying any information submitted to or requested by the Promoter.
- 21. The Promoter reserves the right to amend or terminate the Promotion at any time without notice. However, the Promoter will use its reasonable endeavours to minimise the effect of such amendment or termination to avoid disappointment. Any termination of or amendment of the Promotion will be published on the Charles Church Instagram page.
- 22. The Promoter reserves the right to amend or terminate the Promotion at any time without notice. However, the Promoter will use its reasonable endeavours to minimise the effect of such amendment or termination to avoid disappointment.
- 23. The Promotion cannot be used in conjunction with any other promotions that are run by the Promoter.
- 24. The Promoter reserves the right to publish the names of the winners (and by entering into this Promotion each entrant accepts that) and by entering into the Promotion each winner accepts and agrees that he/she irrevocably consents to their image and Instagram handle being shared on the promoter’s social media channels in connection with publicity for the Promotion.
- 25. The Promotion is not affiliated with Instagram and is in no way connected with, sponsored or otherwise supported, accompanied or monitored by Instagram or any subsidiary companies thereof. Any correspondence relating to the Promotion should be addressed to the Promoter only.