Terms and Conditions

Offers & Incentives

TERMS AND CONDITIONS – INCENTIVE OFFERS AND SCHEMES
These terms set out the basis on which we Gilbert and Goode Limited, a company registered in England with company number 01050991 and registered office located at Stennack House, Stennack Road, St. Austell, Cornwall, PL25 3SW (Gilbert and Goode) will offer an incentive if you purchase a property which has been promoted by us or our estate agents. The details of such incentive are set out in the Schedule to these terms (“Incentive”).
1. GENERAL TERMS
1.1 These terms apply to the offer of Incentives by us, Gilbert and Goode and any member of the Gilbert and Goode group of companies to you, our customer.
1.2 We may from time to time advertise Incentives which may be available on the homes we sell. However, available Incentive offers may vary depending on the particular home you are looking to purchase and your personal circumstances. If you are interested in taking advantage of any particular Incentive offer, please discuss your eligibility with your sales adviser before reserving your property.
1.3 The offer of Incentive will be agreed prior to reservation and the value of the offer will be set out in the reservation form. Following the reservation of a property, should you fail to exchange contracts within 43 days, we may unilaterally revoke any offer of Incentive agreed at the point of reservation.
1.4 We reserve the right to vary or withdraw any Incentive offer we make at any time prior to confirmation of your reservation. Your offer will only be confirmed once you have completed the reservation form, paid the reservation fee and we have accepted your reservation.
1.5 Some mortgage providers may take the value of developer and other contributions such as incentivised offers and schemes into account in determining your eligibility for a mortgage or the terms on which it is prepared to offer that mortgage to you. As practice differs between providers, we cannot advise on how any contribution, incentivised offer or scheme we agree to make or apply towards your new home might affect your specific mortgage. Please check with your provider before agreeing the terms of an Incentive offer with your sales advisor.
1.6 Purchasers will only be able to legally complete on their purchase when their property build is complete and ready to be occupied. Any date which is given by Gilbert and Goode as a forecast build completion date is an estimated date only and Gilbert and Goode cannot guarantee that a plot will be build complete and ready for occupation by a specific date.
1.7 No cash alternatives, cash equivalent or cash refunds apply. All customer Incentive offers and schemes advertised or agreed by Gilbert and Goode are personal to the purchaser(s) identified in the reservation form and non-transferable.
1.8 If a purchaser withdraws from or otherwise fail to complete the purchase for any reason, the incentivised offer or scheme will be withdrawn, and Gilbert and Goode will be under no obligation to pay or allow the value of the contribution or allowance to the purchaser or to make an equivalent offer to it on a future reservation it may place.
1.9 Any Incentive may be altered or withdrawn and these terms may be amended at any time.
2. ACTIONS TO BE TAKEN AND DEADLINES
To be eligible for the Incentive you must have:
2.1 entered into a reservation agreement; and
2.2 complied in full with these terms and met all other eligibility criteria set out within them.
3. PUBLICITY
3.1 By signing up to any Incentive you agree to your name, photograph and area of residence, along with a testimonial if provided being published on our website and social media platforms. However, we would obtain approval in respect of the content to be published before the content is posted.
4. LIMITATION OF LIABILITY
4.1 It is your responsibility to ensure that you can afford any mortgage payment and other running costs associated with home ownership.
4.2 You are responsible for ascertaining the value of any stamp duty or other taxes payable by you in connection with the Incentive. If you are in any doubt, you should seek professional advice. We will not provide any advice to you on the level of stamp duty or other taxes payable and will not enter into any discussions with HMRC, your accountants or otherwise in respect of this.
4.3 If you are in any doubt as to the appropriateness or suitability of the Incentive or any other aspect of an Incentive, or home ownership more generally, you should seek independent professional advice.
4.4 Insofar as is permitted by law, we will not in any circumstances be responsible or liable to compensate you or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up any Incentive except where it is caused by the negligence of us, our agents or subcontractors or that of their employees. Your statutory rights are not affected.
5. DATA PROTECTION AND PUBLICITY
5.1 We will only process your personal information as set out in our Privacy Policy of which details can be found at https://ocean-group.co.uk/privacy-policy-2/.
5.2 Please be aware that if you take up the Incentive, any third party Incentive supplier partner or partners may process your data in accordance with its own privacy policy. If you require further information in respect of this we would suggest that you check with the relevant third party Incentive partner.
6. ELIGIBILITY
6.1 An Incentive is open to all people aged 18 years or over, except: (i) employees of us or our group companies; (ii) employees of our agents or suppliers of us or our group companies; (iii) any of those who are professionally connected with any Incentive; or (iv) members of the immediate families or households of any person listed in this clause 6.1.
6.2 In entering into a reservation agreement, you confirm that you are eligible to do so and eligible to claim an Incentive. We may require you to provide proof that you are eligible to claim the Incentive.
6.3 An Incentive will be available on a first come first served basis. No Incentive is negotiable or transferable.
6.4 No more than one Incentive shall be utilised per reservation regardless of the number of purchasers of the reservation.
7. CANCELLATION
7.1 If there is any reason to believe that there has been a breach of these terms, we may, at our sole discretion, reserve the right to exclude you from participating in a reservation or the accessing of an Incentive.
7.2 We reserve the right to hold void, suspend, cancel, or amend an Incentive where we consider that it becomes necessary to do so.
8. NOTICES
Any notice required or permitted to be given by either party to the other under these terms shall be in writing addressed to that other party at its registered office or principal place of business/residence or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
9. GOVERNING LAW
9.1 These terms and conditions are governed by English law. If any recipient of an Incentive wishes to take court proceedings, then they must do this within the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

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