Halcyon Developments Group
1.1 The following terms of business (the “Terms”) form the basis of the agreement between Halcyon Developments Group Ltd., company number 10344601, a company incorporated in England under the Companies Acts and having its registered office at Suite 30 Atlas House, West Devon Business Park, Tavistock, Devon, PL19 9DP (“Halcyon Developments Group Ltd.”) and You (the “Agreement”)..
1.2 Halcyon Developments Group Ltd. act as a marketing, sales and administration arm of the Halcyon group of companies. We provide You with the opportunity to hold reserve and agree to purchase properties listed on www.halcyondevelopments.com (the “Website”).
2.1 By submitting and registering Your details with us over the telephone, email or via our website You agree to be bound by these terms.
3. Information contained on the Website
3.1 The Website may contain information about properties available for purchase from a third party, the value of the properties and the level of investment required to purchase the properties (the “Property Information”), and the potential return by purchasing the properties (the “Financial Information”).
3.2 For the avoidance of any doubt Halcyon Developments Group Ltd. IS NOT regulated or licensed by the Financial Conduct Authority (FCA) to give investment or financial advice or to provide any tax or legal advice. All information provided by Halcyon Developments Group Ltd.. is intended as general information and should never be treated as giving advice or making a recommendation.
3.3 Commercial property purchased into a SIPP or any other covered by the financial services compensation scheme.
3.4 If You are going to rely on any of the Property Information or Financial Information, especially if relying on it could change Your financial or legal position, Halcyon Developments Group Ltd. strongly advise You exercise the same care and caution as You would normally use when making a substantial financial investment. In particular You carry out an independent legal and financial assessment. Please remember that the price and value of any property can go down as well as up. This can mean that You may get back less than the amount You originally invested.
4. Third Parties
4.1 Because Halcyon Developments Group Ltd. are not regulated by the FCA we recommend that You seek Your own professional independent advice. We can pass on Your details onto firms which other clients have had experience of using so they can provide You with appropriate advice, but this is completely Your decision and their advice and opinions are completely separate of our own. This includes the use and suitability of SIPPs and other regulated products, advice on pension transfers and the use of pension funds for alternative investments.
4.2 Halcyon Developments Group Ltd. cannot be held responsible for the advice given by Third Parties.
4.3 If You are going to rely on any advice or information provided by them (”Third Parties”), especially if relying on it could change Your financial or legal position, Halcyon Developments Group Ltd. strongly advise You exercise the same care and caution as You would normally use when consulting such a Third Party.
5. Properties offered by Halcyon Developments Group
5.1 We will offer You opportunities for purchase, by using email, our web sites, post, telephone, or other appropriate means. We will endeavour to provide You with opportunities of a sound and reliable nature. We will speculate on the amount required and the potential returns. This is based on our research and analysis, which may include the advice and guidance of qualified third parties (such as RICS registered surveyors, accountants or solicitors). Due to the speculative nature of such opportunities the information we provide should be considered our 'opinion'.
5.2 Where the Property is in the process of being built or is yet to be built, the Seller may make alterations to the plans, designs, specifications, particulars, pictures and/or artists’ impressions. The plans, designs, specifications, particulars, pictures and/or artists impressions (as may be revised from time to time) may be available for sites being developed or in the relevant regional office of the Seller.
5.3 Although Halcyon Developments Group Ltd. will inform You about any alteration to the plans, designs, specifications, particulars, pictures and/or artists’ impressions that they become aware of, it is Your responsibility to check the most up-to-date position with the Seller before committing to any Property and to continue have been made while the Property is being built.
5.4 Halcyon Developments Group Ltd. are not responsible for any offers or returns advertised on its website or marketing material relating to property purchases or investment from third parties. Should you choose to move forward with a property purchase or a purchase of a membership in a UK limited by guarantee company, then any offers or advertised returns are the responsibility of the third party only and not Halcyon Developments Group Ltd. ,We strongly advise that you seek your own independent legal and tax advice on your purchase and any information provided by Halcyon Developments Group Ltd. or its staff can only be taken as our opinion and not advice.
6. Holding and Reserving a Property
6.1 You are able to reserve Property; this means that provided You comply fully with terms 6.3, 6.4, 6.5 no other Halcyon Developments Group Ltd. client will be able to place that Property on hold.
6.2 Halcyon Developments Group Ltd. will confirm to You, details of any Property that You have placed on hold and the reservation form to You by post, email or fax.
6.3 Halcyon Developments Group Ltd. must receive Your reservation fee in the form of BACS transfer or credit card payable to Halcyon Developments Group Ltd. (unless otherwise stated on the Website) on the same day as reservation in order to place a Property on hold.
6.4 If Halcyon Developments Group Ltd. do not receive Your reservation fee or payment is rejected, Your reservation placed on the Property will be removed and the Property will be re-listed for sale.
6.5 Once Halcyon Developments Group Ltd. have confirmed Your reservation form and payment has been received, the Property will be reserved (the “Reservation”) for a reasonable period for You to be able to enter into a legally binding contract to purchase the Property (the “Contract”), for example exchange contracts in England or conclude missives in Scotland. Usually this occurs within 14 days from the initial deposit payment being received.
6.6 If Halcyon Developments Group Ltd. book a viewing trip for You and payment is handled via a PayPal transaction, a full refund will be made if cancelled within 14 days of booking.
7. SIPPs (Self Invested Personal Pensions) & SSAS (Small Self-Administered Scheme)
7.1 Clients must ensure they are satisfied and have carried out all necessary due diligence themselves before considering the suitability of a SIPP or a SSAS and pension funds being used to purchase commercial property.
7.2 Halcyon Developments Group Ltd. have no control or influence on the terms of business, regulated advice and fees associated with the set up and on-going management of part or whole of a SIPP or a SSAS.
8. Changing and ending the Agreement
8.1 Halcyon Developments Group Ltd. may change these Terms from time to time by giving no less than 30 days’ notice. You will be notified of any change to these Terms by email and an announcement will be posted on the Website.
8.2 If You decide not to accept any change made to the Terms and Conditions You must inform Halcyon Developments Group Ltd., in writing, within 3 working days of receiving the e-mail, otherwise You will be deemed to have accepted the change.
9. Your Personal Information and Data protection
9.1 Your personal information collected by Halcyon Developments Group Ltd. may be used by Halcyon Developments Group Ltd. to deal with any request You have made. Halcyon Developments Group Ltd. will also use and analyse the information collected so that Halcyon Developments Group Ltd. can administer, develop Halcyon Developments Group Ltd's business.
9.2 Halcyon Developments Group Ltd. may use Your personal information to contact You for views on the services provided by Halcyon Developments Group Ltd. and to notify You occasionally about important changes or developments to these services. Further, Halcyon Developments Group Ltd. may use Your information to inform You about other products and services which Halcyon
Developments Group Ltd. offer which may be of interest to You. If You do not wish to be contacted by Halcyon Developments Group Ltd., please let us know inwriting.
9.5 Halcyon Developments Group Ltd. are registered with the Information Commissioner’s Office, registration reference ZA202552.
10. Entire Agreement
10.1 It is intended that this Agreement contains the entire Agreement between You and Halcyon Developments Group Ltd. and matters with which it deals.
10.2 Other than as expressly set out in this Agreement; You accept and agree that You were not induced to enter into this Agreement in reliance of any statement, warranty or representation which is not repeated in this Agreement.
10.3 If this Agreement does not set out all of the Terms of Halcyon Developments Group Ltd. agreement with You, You must notify Halcyon Developments Group Ltd. writing within 5 days of any such statement being made.
10.4 If during the course of this Agreement Halcyon Developments Group Ltd. have made any additional statements on which You are relying, You must notify Halcyon Developments Group Ltd. in writing within 5 days of any such statement being made.
11.1 Any notice to be given to You under this Agreement can only be:
11.1 a) delivered to You personally at the address provided by You in Your Registration Form; or
11.1 b) e-mailed to You at the e-mail address provided by You in Your Registration Form.
11.2 Any notice to be given to Halcyon Developments Group Ltd. under this Agreement can only be:
11.2 a) delivered to Halcyon Developments Group Ltd., Suite 30, Atlas House, West Devon, Business Park, Tavistock, Devon, PL19 9DP
11.3 A notice is deemed to have been served if:
11.3 a) personally delivered, at the time of delivery;
11.3 b) sent by e-mail, 12 hours after the e-mail was sent.
11.4 In proving service it is sufficient to prove that personal delivery was made, or that the print of the e-mail containing the notice was properly addressed.
12. This Agreement is governed by the laws of the UK.