Auctioneera Terms & Condition

PLEASE READ CAREFULLY BEFORE USING AUCTIONEERA

These TERMS AND CONDITIONS (the “TERMS” or the "Licence") is a legal agreement between you (the "Licensee" or "you") and AUCTIONEERA LIMITED, a limited company, whose operational place of business is at 17 French Church Street, Cork, Republic of Ireland, Companies Registration Office number 622977 (the “Company", “Licensor”, “Auctioneera”, “our” or "we") for your licensed use of and access to [www.Auctioneera.ie] (the “Website” and/or “Platform”) and your access to the private treaty purchase and sales marketplace for residential and commercial properties in the Republic of Ireland provided by Auctioneera and as described on the Platform from time to time (the "Services") in accordance with the terms of this Agreement.

DISCLAIMER: THE WITHIN TERMS RELATE TO THE USE OF THE PLATFORM BY END USERS IN RESPECT OF THE PURCHASE AND SALE OF REAL PROPERTY VIA THE PRIVATE TREATY PROCESS ONLY. THESE TERMS DO NOT GOVERN SALES BY AUCTION AND NO SALE OR PURCHASE USING THIS PART OF THE PLATFORM SHALL BE DEEMED TO BE A PURCHASE VIA AUCTION.

BY BROWSING THE PLATFORM, BY REGISTERING FOR, UPLOADING TO AND/OR DOWNLOADING DATA AND INFORMATION FROM THE PLATFORM AND YOUR SUBSEQUENT CONTINUED USE OF THE PLATFORM AND THE SERVICES, YOU CONSENT TO BE BOUND BY THIS LICENCE. BY TICKING THE BOX ON REGISTRATION, AND AT ANY OTHER TIME ON LOGGING IN TO THE WEBSITE AND THROUGH YOUR CONTINUED USE OF THE SERVICES AND THE PLATFORM, YOU AGREE TO BE BOUND TO THE TERMS OF THIS LICENCE AS A USER. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT REGISTER FOR THE PLATFORM, OR USE ANY OF THE SERVICES. BY TICKING THE BOX YOU CONFIRM THAT YOU HAVE READ, YOU ACCEPT AND THAT YOU UNDERSTAND THESE TERMS, AND THAT YOU ALSO CONSENT TO THE USE OF ELECTRONIC SIGNATURES AND ACKNOWLEDGE THAT YOUR TICKING OF THE BOX IS AN ELECTRONIC SIGNATURE SUFFICIENT TO BIND YOU TO THESE TERMS.

  1. GRANT AND SCOPE OF LICENCE
    1. General: The Company provides you with access to the Services through the Platform, for your own personal use or if you act for or on behalf of an organisation whether incorporated, partnership or otherwise, you confirm that that organisation is bound by these terms.
    2. Definitions
      1. Auctioneers/Agents: means any consultants and/or employees of Auctioneera who conduct the Private Treaty Sales;
      2. Bid(s): means a bid placed on the Platform for the Purchase of a Property;
      3. Content: the Services and the Platform provides information pertaining to the properties listed therein as provided by the Vendors, or as supported by our Auctioneers by way of the Listing Services which are provided by way of the PSRA Property Services Agreement “Content”; and
      4. Listing Services: means the Services detailed in the PSRA Property Services Agreement in an engagement between a Vendor and Auctioneera;
      5. PSRA Property Services Agreement: the agreement delivered by Auctioneera and entered into by a Vendor for the engagement of Auctioneera as an estate agent for the provision of Listing Services;
      6. Purchaser: means an End User who engages with the Platform to view properties either as a prospective purchaser or as someone who places bids for a Property available for sale on the Platform;
      7. User Generated Content: the information or content provided by an End User posted to the Platform.
      8. Vendor: means an End User who has engaged with Auctioneera via the standard PSRA Terms and whose property is listed on the Platform
    3. Licence: Auctioneera hereby grants to you a limited, personal, non-commercial, non- exclusive, non-transferable, temporary, revocable, non-assignable, non-sub-licensable licence and right to access the Platform and the Services though a generally available web browser, mobile device operating system in consideration of your strict and continued compliance with the following conditions:
      1. Your agreement, as evidenced by your acceptance of these Terms and your continued use of the Platform and the Services, to abide by these Terms;
      2. Your continuing compliance with these Terms and the Privacy Policy posted on the Platform (which is hereby incorporated by this reference); and
      3. not to use scraping, spidering, crawling or other technology or software of a malicious nature to access or make available to third parties information or data secured by the Platform, whether such data or information relates to Auctioneera, the Platform, the Services or Content without the express written consent of Auctioneera.
    4. Use: Any use of the Platform, its software and/or Services or any part thereof in a manner contrary to the scope and purpose of this Licence is strictly prohibited and a violation of this Agreement, terminable in accordance with Section 12.
    5. Auctioneera: This Platform and the Content is provided in accordance with these terms and in particular any reliance by a Purchaser is limited to and in consideration of the particular reservations detailed at section 4.2.5 hereto in relation to the content and descriptions.
      1. Intellectual Property:
        1. “Intellectual Property Right(s)” includes any patent, trade or other mark, registered design, topography right, copyright, database right or any other right in the nature of any of the foregoing (or application, or right to apply for, any of the foregoing), and trade or business name, invention, discovery, improvement, design, technique, confidential process or information or know how, in each case subsisting anywhere in the world and whether registered, unregistered, or unregisterable, and any licence or right of user of any of the foregoing, and the full right to all legal protection relating to the same;
        2. Auctioneera reserves all Intellectual Property Rights in and to the Platform, the Content and the Services and any such Intellectual Property Right shall at all times be and for all purposes remain vested in Auctioneera and/or its licensors, including all copies made of the Website, the Web Application and the Mobile Application in accordance with Section 10.
    6. Reciprocal Licence: Metadata: End Users grant to Auctioneera and its licensors an irrevocable, royalty free and non-exclusive licence to use, copy, modify, adapt, translate and distribute anonymised statistical or operational information relating to the uses made of the Application by End Users, or about the Device and related software, hardware and peripherals, information relating to the Device and the Platform and content on the Device (“Metadata”) to provide services and to develop and improve the Platform. Metadata expressly does not include personal data the use, control and processing of which is governed by our Privacy Policy.
  2. Information about us and how to contact us
    1. Who we are: We “Auctioneera” are Auctioneera Limited a private company limited by shares with a registered office at 17 French Church St Cork, Auctioneera is a licensed property service provider with the Property Services Regulatory Authority.
    2. How to contact us: Our contact details are detailed on our website, www.Auctioneera.ie.
    3. "Writing" includes emails: When we use the words "writing" or "written" in these terms, this includes emails.

    3. Auctioneera AUCTION PROCESS

  3. LEGAL DOCUMENTS AND DUE DILIGENCE: Legal matters in Ireland can be complex and so these online auction terms and conditions, together with any other conditions, documents or matters affecting the Lot you are interested in should be read and considered carefully. Whilst Vendor(s) described in this catalogue have used reasonable efforts to ensure that Lots are correctly described, we strongly recommend that you appoint professional advisers, including independent legal advisers, and arrange for them to consider and advise you on all aspects of your intended purchase. Prior to submitting a bid, you must review the contract for sale and supporting title documentation. The legal documents for the Lot can be viewed on our website and are non-negotiable. It is your responsibility to carry out your own due diligence and investigate all matters relating to the Lot that you are interested in purchasing, including, without limitation, all legal and title matters, physical condition, taxation, funding and all other aspects. All bids you make should be based solely on your independent due diligence. It will be assumed that you have read and considered all relevant legal documents for the Lot you are interested in on or before the date of the Online Auction, that you have shown them to your professional advisers and have taken their professional advice before bidding.
  4. CHANGES TO THIS DOCUMENT: The contents of this document may be changed from time to time. As a result, as well as being asked to confirm acceptance of these terms and conditions when you first register to bid on our website, you may also be asked to reconfirm your acceptance (with reference to the latest version of this document then published on this website) on future visits to this website, in particular prior to participation in any specific online auction.
  5. IMPORTANT NOTE – IF YOU ARE NOT THE INTENDED PURCHASER: If you, as the person using our website, participate in any Online Auction on behalf of another person (as the intended Purchaser of a particular Lot), the legal effect of you doing so is as follows:
    1. a) You will be responsible, in your own name and not simply as agent for a third-party Purchaser, for ensuring compliance with all obligations in this Online Auction terms and conditions document relating to use of this website and/or participation as a bidder in any Online Auction.
    2. b) You must ensure that you have all necessary authority to act on behalf of, and contractually bind and commit, the relevant Purchaser to all obligations set out or referred to in this Online Auction terms and conditions document which expressly or by implication apply to Purchasers. This includes authority to authorise us, the auctioneers, to enter into a legally binding contract for sale on behalf of the relevant Purchaser where you successfully bid for a Lot on the Purchaser's behalf.
    3. c) If for any reason the person identified by you as being the (intended) Purchaser fails to comply with any obligations which expressly or by implication apply to the Purchaser (including any situation in which the (intended) Purchaser disputes your authority to act and/or contract on its behalf for these purposes), you will be responsible to us for any loss we or any Vendor suffers as a result of that failure. This includes any failure to comply with obligations relating to the purchase of any Lot for which you successfully bid via an Online Auction.
  6. LEGAL DOCUMENTS: If you wish to receive legal documents and/or if you have detailed legal enquiries in respect of any Lot, please contact the relevant Vendor’s Solicitor whose details appear on the individual Lot pages. Copies of those legal documents that are produced to us will be available to read online and/or to download. Please go to our website www.Auctioneera.ie for further details.
  7. ADDENDUMS:
    1. a) An Addendum (if applicable) to the particulars and/or the Conditions of Sale will be made available on the relevant Lot page on our website.
    2. b) The Addendum is an important document which provides details of all corrections to the particulars and/or the Conditions of Sale.
    3. c) All bidders are deemed to have read the Addendum whether they have done so or not.
  8. PURCHASER’S GUIDE TO AUCTIONS: We sell each Lot on the basis that prospective Purchasers have made all their enquiries and are satisfied, or not as the case may be, as a result of such enquiries and that they have read the notices on our website and the particulars and/or Conditions of Sale and fully understand their content. If you still have a question in respect of any of the Lots, please contact a representative of Auctioneera who will do his or her best to obtain an answer for you prior to the Online Auction.
  9. VIEWINGS: If you wish to inspect a property internally before the Auction, please go to our website www.Auctioneera.ie for further details.
  10. BANK TRANSFER:
    1. All bank transfers are processed by NoFrixion
      1. If you utilise bank transfer, funds are deposited in our client funds account. If you are successful in your bid, these funds are used to discharge our fee. Any surplus funds are forwarded to the vendor’s solicitor. The bidding deposit becomes a partial payment for the Lot and can be netted against the contract deposit amount that is then due. The processing fee is an out of pocket expense and is not netted against the contract deposit.
      2. If you are unsuccessful in bidding, you will receive a refund within 10 Business days of the auction.
      3. If you are successful, we will request a balance of deposit. This should be paid directly to the vendor’s solicitor and we will provide you with the necessary bank details.
  11. DATA PROTECTION: We will process your personal data in accordance with the terms of our Privacy Policy available on our website https://www.auctioneera.ie/privacy-policy

AUCTION PROCESS

  1. RESERVE PRICE: The auctioneers have not carried out valuations of any of the Lots in the auction. Consequently, you should not treat any reserve price that is published in respect of a Lot nor any estimate or suggestion as to the price for which a Lot may be sold or price that you might consider bidding for a Lot as being a valuation for that Lot. It is your responsibility to decide how much you should bid for any Lot. The reserve price is the lowest price that the Vendor is prepared to accept for the property. If the bidding does not reach the reserve price the Vendor is not required to sell the property.
  2. BIDDER SECURITY DEPOSIT:
    1. a) A bidder security deposit is required to bid, and this must be paid in advance of the Online Auction by credit card, debit card or bank transfer.
    2. b) If paying by card, bidders will be required to insert their card details once they have selected to register for the Lot
    3. c) The payment will be processed by NoFrixion. All bank transfers are processed by NoFrixion
    4. d) If you are not the successful party your bidder security will be refunded by Auctioneera in full within 10 Business days of the Online Auction. The processing fee is not refundable.
  3. REGISTRATION:
    1. a) In order to be able to register for and bid in the Online Auction, you must first create a Auctioneera Online Auction account at www.Auctioneera.ie. Once this is done you can sign in with your username (email address) and password and then subsequently register for the particular Lot you wish to bid on.
    2. b) As part of the registration process all bidders will be required to provide their contact information (including name and address, email address and telephone number), the name of the Purchaser, (please note that you must specifically name the person or organisation that is to be the Purchaser of the Lot as Lots cannot be Transferred to an unnamed Purchaser and any references to ‘nominees’, ‘associates’ or similar are unacceptable).
    3. c) A processing fee of €99 (VAT inclusive) must be paid by all bidders who wish to participate in the Online Auction to Auctioneera. Please note that the processing fee is non-refundable.The processing fee is charged per property.
    4. d) You will be required to upload a copy of photo identification such as your passport or driving licence; you will be required also to upload proof of your address such as a utility bill or bank statement (dated within the last 3 months) and upload a selfie (photo of you). Please note, that if you name any additional purchasers, they will be asked via email and required to provide documentation as outlined above before your registration can be completed. Additional information may be required from time to time.
    5. e) In the event that you are registering on behalf of a company, you will be required to upload Proof of Incorporation, Declaration of Ownership Structure and Management Structure. In addition, all invited Shareholders and Directors are each required to provide a copy of photo identification such as a passport or driving licence, proof of address such as a utility bill or bank statement (dated within the last 3 months) and upload a selfie (photo of you). Additional information may be required from time to time.
    6. f) Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, is contained on our website or available upon request.
    7. g) You will be required to pay your bidder security deposit (the bidder security deposit amount payable may depend on the reserve price of the property).
    8. h) At registration you will be required to confirm your acceptance that, as this is a sale by auction of property, you will be legally bound by the Conditions of Sale from the time the bidding period closes if your bid has been (by operation of the website) accepted by Auctioneera on behalf of the Vendor as being the successful bid, i.e. the highest valid bid for the relevant Lot at that time which has met or exceeded the reserve price. A bid, even if it is the highest valid bid for a Lot, will not be successful if the reserve price has not been met.
    9. i) At registration, you will also be required to irrevocably authorise Auctioneera to sign a legally binding contract relating to the sale of the property on your behalf on the day of the Online Auction (if you are successful).
    10. j) Once the above is done Auctioneera will review your registration and you will be notified when your registration has been approved.
    11. k) The registration deadline is available to view on our website. If you miss this deadline, you will not be eligible to bid on the property.
  4. BIDDING:
    1. a) All bidding takes place online. Once registration is approved by Auctioneera and the bidder security deposit has been paid, registrants can submit bids on our website.
    2. b) The bidding increments will be set by Auctioneera (e.g. €1,000).
    3. c) We reserve the right to amend both the opening and designated closing time allocated to a specific Lot. Both the opening time and designated closing time is subject to the sole discretion of Auctioneera.
    4. d) The designated closing time is the initial closing time for the Lot and can be seen on the property details page on our website.
      Once a bid of the reserve price is made for a property, a closing time is automatically set. Auctioneera reserves the right to extend or curtail the closing time.
      If a valid bid is made within the final 120 seconds of the designated closing time an additional 120 seconds will be added to the designated closing time for that Lot. This is known as an extension. There is no limit to the number of possible further extensions.
    5. e) If two or more parties place identical bids, the first valid bid as per the system takes precedence.
    6. f) You cannot cancel a bid once it has been submitted. If you are successful, or not, you will be notified by email after the bidding for the Lot closes.
    7. g) A bid, even if it is the highest valid bid for a Lot, will not be successful if the reserve price has not been met.
  5. DEPOSIT:
    1. a) Unless otherwise stated in the Special Conditions, the minimum contract deposit we require will be the greater of €3000 or 10% of the sale price excluding VAT. Cash or cheque deposits are not acceptable.
    2. b) Your bidder security deposit will immediately become non-refundable if you make the successful bid for a Lot at the Online Auction.
    3. c) If you buy more than one Lot, you will need to pay a separate bidder security deposit for each Lot as well as a separate processing fee.
    4. d) Your bidder security deposit shall be used as a part payment towards the contract deposit payable.
    5. e) Successful bidders must pay the balance of the deposit (if applicable) within two Business days of the Lot closing. This can be paid by Electronic Funds Transfer or bank transfer only.
    6. f) Should the full deposit not be received by Auctioneera, the Vendor or their legal representative, within 2 Business days, the Vendor can elect to retain the amount received and may elect to take legal action against the Purchaser for breach of contract if the Purchaser fails to complete the purchase of the property.
    7. g) You acknowledge and categorically accept that should the full deposit not be received by the auctioneer within 2 Business days, the Vendor can elect to retain the amount received and may elect to take legal action against you for breach of contract, should you fail to complete the purchase of the property.
  6. CONTRACT:
    1. a) If you are successful, you will be notified by email after the Lot closes.
    2. b) If you are successful, and in accordance with the authority you provided on registration, Auctioneera will sign legally binding contracts relating to the sale of the property on behalf of the Vendor and on your behalf.
    3. c) Once the Contract has been signed by Auctioneera on behalf of both parties the Contract will be sent to the Solicitors for the Vendor and the Purchaser.
    4. d) You are at risk of losing the bidder security or the deposit you have paid on a Lot, and at risk of the Vendor taking legal action against you for breach of contract, if you fail to complete your purchase of the Lot.
    5. e) PLEASE NOTE THAT SHOULD YOU WISH TO CHANGE SOLICITOR DETAILS; WE WOULD REQUIRE THIS INFORMATION WITHIN ONE (1) HOUR OF THE CLOSING OF THE SPECIFIC LOT. WE RESERVE THE RIGHT TO CHARGE A MEMORANDUM AMENDMENT FEE OF €250 (VAT INCLUSIVE) SHOULD WE RECEIVE A REQUEST AFTER ONE (1) HOUR OF THE CLOSING OF THE SPECIFIC LOT.
    6. f) PLEASE NOTE THAT IN CERTAIN CIRCUMSTANCES AND IN PARTICULAR WHEN YOUR REGISTRATION IS COMPLETED SOON BEFORE AN AUCTION IT MAY NOT BE POSSIBLE FOR Auctioneera TO COMPLETE ALL OF THE PRESCRIBED ANTI – MONEY LAUNDERING CHECKS BEFORE THE AUCTION. IF WE ARE UNABLE TO COMPLETE THE NECESSARY CHECKS PRIOR TO THE AUCTION AND YOU ARE A SUCCESSFUL BIDDER, PLEASE NOTE THAT THESE CHECKS WILL NEED TO BE SUCCESSFULLY COMPLETED BEFORE A CONTRACT CAN BE EXECUTED ON YOUR BEHALF.
      THE AUCTIONEERS DECISION REGARDING THESE MATTERS IS FINAL. Auctioneera RESERVE THE RIGHT TO DECLARE ALL RESULTS OF THE ONLINE AUCTION AS BEING NULL AND VOID WITHOUT ANY LIABILITY ATTACHING TO Auctioneera WHETHER UNDER THIS AGREEMENT, AT COMMON LAW OR OTHERWISE. YOU ACKNOWLEDGE THAT TO THE EXTENT PERMITTED BY LAW WE 5 OWE YOU NO DUTY OF CARE AND YOU HAVE NO CLAIM AGAINST US FOR ANY LOSS.
  7. MISREPRESENTATIONS:
    1. a) The Purchaser accepts that no information, statement, description, quantity or measurement contained in any advertisements or given orally or contained in any brochure, catalogue, letter, report, docket or hand out issued by or on behalf of the Vendor or any agent acting on behalf of the Vendor in respect of the Property (whether or not in the course of any representation or negotiations leading to the Online Auction date) shall constitute a representation inducing the Purchaser to bid on the Online Auction date or a condition or warranty forming part of the Conditions of Sale. Any information, statement, description, quantity or measurements so given or contained in any such advertisement, brochure, catalogue, letter, report, docket or hand out issued by or on behalf of the Vendor or any agent on its behalf are for illustration purposes only and are not to be taken as matters of fact and that any mistake, omission, inaccuracy or mis-description given orally or in the form of any advertisement, brochure, catalogue, letter, report, docket or hand out issued by or on behalf of the Vendor or any of its agents (whether or not in the course of any representation or negotiations leading to the Online Auction date) shall not give rise to any right of action, claim, entitlement or compensation against or from the Vendor or any of its agents under this agreement or otherwise or any right of residue of termination.
    2. b) For the avoidance of doubt, the parties acknowledge that any previous agreement which may have been entered into by the Vendor and the Purchaser relating to the Property is rescinded.
    3. c) Any statement, representation or warranty whatsoever made by the Vendor, Vendor’s agent or their employees during the course of negotiations leading to the sale which are not contained and set forth in the Conditions of Sale are hereby treated as having been withdrawn and will have no force or effect at law whatsoever.
  8. PLANS AND PHOTOGRAPHS: The plans and photographs shown on the website are included in order to assist you in locating the Lot in question. They are not necessarily drawn to scale and any arrows or outlines on plans or photographs are merely to assist you in finding the Lot, not for the purpose of indicating legal boundaries. The Auctioneers cannot guarantee that any plans or photographs show the up-to-date position with regard to occupiers either for the Lot or for any other properties shown in such plans or photographs.
  9. RENTS AND INFORMATION RELATING TO TENANTS: Estimates or suggestions given by the Auctioneers as to current or future rental values affecting any Lot or as to the current or future open market rental value of the whole or any part of the Lot must not be treated as valuations but only as estimates. You should consult your own professional advisers to establish whether such estimates or suggestions are accurate.
  10. GLOSSARY:
    1. a) Singular words can be read as plurals, and plurals as singular words;
    2. b) A ‘person’ includes a corporate body;
    3. c) Words of one gender include the other genders;
    4. d) References to legislation are to that legislation as it may have been modified or re-enacted by the date of the Online Auction or the contract date (as applicable);
    5. e) Auctioneera, we, our or us is used throughout this document to refer to the limited liability company of Auctioneera Limited, its servants or agents or any successors or assigns.
  11. ACTUAL COMPLETION DATE: The date when COMPLETION takes place or is treated as taking place for the purposes of apportionment and calculating interest.
  12. ADDENDUM:
    1. a) An amendment or addition to the CONDITIONS OF SALE or to the PARTICULARS or to both noted on the addendum tab on the property page on our website.
    2. b) An addendum, if applicable, will be available before the auction. This document will detail any corrections, amendments and/or additions made to the CONDITIONS OF SALE or to the PARTICULARS or to both contained on the website for any of the Lots. It will be assumed that you have read the addendum and have satisfied yourself as to the context and implications of any addendum item relating to any Lot you are interested in before bidding.
  13. AGREED COMPLETION DATE:
    1. a) The date specified in the Memorandum of the CONTRACT FOR SALE, or
    2. b) If no date is specified, as per the general conditions definition in the CONTRACT FOR SALE.
  14. APPROVED FINANCIAL INSTITUTION: Any bank or building society that is acceptable to the AUCTIONEERS.
  15. AUCTIONEERS: The auctioneers at the ONLINE AUCTION being Auctioneera which is a trading name of Auctioneera Limited, a limited company registered in Ireland, whose registered office is at 17 French Church Street.
  16. BIDDER SECURITY DEPOSIT: The bidder security deposit amount will be detailed for each specific Lot. This must be paid in advance of the Online Auction date by credit card, debit card or bank transfer. Bidders will be required to insert their card details once they have selected to register for the Lot. The payment will be processed by NoFrixion.
    All bank transfers are processed by NoFrixion
    N.B. - Your bidder security will immediately become non-refundable if your bid is the highest bid and is accepted by the Vendor. Should the Vendor decline the highest bid, then the full bidder security will be refunded.
  17. BIDDING PERIOD: Bidding for the Lot will close at the designated closing time, unless a valid bid is made within the final 120 seconds of the designated closing time. The designated closing time is the initial closing time for the Lot and can be seen on the property details page on our website.
    The AUCTIONEER reserves the right to amend both the opening and designated closing time allocated to a specific Lot. Both the opening Time and designated closing time is subject to the sole discretion of the auctioneer.
    If a valid bid is made within the final 120 seconds of the designated closing time an additional 120 seconds will be added to the designated closing time for that Lot. This is known as an extension. There is no limit to the number of possible further extensions. Bidding will close when no further valid bids are made within the final 120 seconds of the closing time.
  18. BUSINESS DAY: Any day except (a) a Saturday or Sunday (b) bank holiday or public holiday in Ireland or (c) Good Friday, Christmas Day or any of the seven days immediately after Christmas Day.
  19. COMPLETION: Unless otherwise agreed between the VENDOR and PURCHASER (or their Solicitors) the occasion when both the VENDOR and PURCHASER have complied with their obligations under the CONTRACT FOR SALE and the balance of the PURCHASE PRICE is unconditionally received in the VENDOR’S Solicitors client account.
  20. CONDITION, INSPECTION AND VACANT POSSESSION:
    1. a) It is strongly recommended that, as a prudent Purchaser, you make every effort to physically inspect the Lot and where possible arrange to have it professionally surveyed prior to the Online Auction.
    2. b) If you want to inspect the Lot before the Online Auction, it may be possible to arrange this with the AUCTIONEER on prior notice and you should contact them in advance of the Online Auction date if no viewing times are noted on the website.
    3. a) Keys to Lots that are offered for sale with vacant possession will normally be made available to you on completion of the sale. However, access to the Lot for the purpose of inspection and/or carrying out a survey might be available prior to completion subject to obtaining the Vendor’s permission (you should approach the AUCTIONEER about this).
  21. CONDITIONS OF SALE:
    1. a) One of the ONLINE AUCTION CONDUCT CONDITIONS or SPECIAL CONDITIONS or GENERAL CONDITIONS (As amended by any ADDENDUM).
    2. b) You will become legally bound by the conditions of sale applicable to a Lot from the moment that you are successful. A successful bid is one where the bidding period closes, and the Purchaser's bid is (by operation of the website) accepted by the AUCTIONEER on behalf of the Vendor (subject to and in accordance with the ONLINE AUCTION CONDUCT CONDITIONS) as being the highest valid bid for the relevant Lot at that time which has met or exceeded the reserve price.
  22. CONTRACT FOR SALE: The contract available prior to the ONLINE AUCTION under which the VENDOR agrees to sell and the PURCHASER agrees to buy the LOT and includes the PARTICULARS & TENURE, DOCUMENTS SCHEDULE, SPECIAL CONDITIONS AND THE GENERAL CONDITIONS.
  23. CONTRACT DATE: The date on which the bidding deadline expires.
  24. DEPOSIT:
    1. a) The deposit is the sum you must pay to the VENDOR upon acceptance by the AUCTIONEER of your bid as a guarantee that you will proceed to completion of the purchase.
    2. b) If completion takes place without dispute, the deposit so paid becomes part payment of the purchase price.
    3. c) Should the full deposit not be received by Auctioneera, the VENDOR or their legal representative, within 2 BUSINESS DAYS, the VENDOR can elect to retain the amount received and may elect to take legal action against the PURCHASER for breach of contract if the PURCHASER fails to complete the purchase of the property.
  25. DEPOSITS MUST BE PAID IN EUROS:
    1. a) A deposit taken as agent for the VENDOR effectively belongs to the VENDOR as soon as it is paid and will be released to him, net of AUCTIONEER fees, after the auction without further reference to you. You may have a right to recover it from the VENDOR if the VENDOR fails to complete.
    2. b) A deposit taken by the AUCTIONEER will be held in the AUCTIONEER's client account until completion, or until it is sent to the VENDOR’s solicitor whichever is the earlier.
      The AUCTIONEER is entitled to keep interest (if any) earned on the deposit during the time it is held by them.
    3. c) You are at risk of losing the deposit paid on a Lot, and at risk of the VENDOR taking legal action against you for breach of contract if you fail to complete your purchase of the Lot.
  26. DESIGNATED CLOSING TIME: This is the initial closing time for the Lot and can be seen on the relevant property details page on our website. Auctioneera has the right to amend this date as it sees fit without any further notice to you.
  27. ESTATE AGENTS: The Estate Agents for the ONLINE AUCTION being Auctioneera which is a trading name of Auctioneera Limited, a limited company registered in Ireland
  28. EXTENSION: This is where a valid bid is made within the final 120 seconds of the DESIGNATED CLOSING TIME. If this takes place an additional 120 seconds will be added to the DESIGNATED CLOSING TIME for that Lot.
  29. FURTHER EXTENSION: If a valid bid is made during an EXTENSION for that Lot the clock will immediately reset to 120 seconds. There is no limit to the number of possible further extensions.
  30. GENERAL CONDITIONS: The Law Society General Conditions of Sale (2019 Edition).
  31. HIGHEST BID: The highest bid is one where the BIDDING PERIOD closes, and the purchaser's bid is (by operation of the website) accepted by Auctioneera as being the highest valid bid for the relevant Lot at that time which has been accepted by the Vendor.
  32. INTEREST RATE: If not specified in the Memorandum of the CONTRACT FOR SALE, 4% above the Court Rate pursuant to Section 22 Courts Act 1981 (the INTEREST RATE will also apply to judgment debts, if applicable).
  33. LEGAL DOCUMENTS: Documents of title and other documents listed or referred to in the
  34. CONTRACT FOR SALE: relating to the LOT. The relevant individual property or group of properties offered for sale.
  35. MORTGAGE: A charge to secure a loan or other financial indebtedness (not including a rent charge).
  36. ONLINE AUCTION: The online auction advertised on the Auctioneera website.
  37. ONLINE AUCTION CONDUCT CONDITIONS: The conditions so headed.
  38. PARTICULARS: The section of the website that contains descriptions of the LOT (as varied by any ADDENDUM).
  39. PROPERTY: The property that the VENDOR is proposing to sell, and the PURCHASER is seeking to buy (including CHATTELS if any).
  40. PURCHASER: The person who has agreed to buy the LOT or, if applicable, that person’s personal representatives: if two or more persons are jointly the PURCHASER all obligations can be enforced against them jointly or against each of them separately.
  41. PURCHASE PRICE: The price that the PURCHASER agrees to pay, and the VENDOR agrees to accept for the Lot
  42. READY TO COMPLETE: Ready, willing and able to complete: if the proceeds of sale for the LOT would enable the VENDOR to discharge all MORTGAGES secured on the LOT that has to be discharged by COMPLETION, then those outstanding MORTGAGES do not prevent the VENDOR from being READY TO COMPLETE.
  43. SPECIAL CONDITIONS: Those of the CONTRACT FOR SALE so headed that relate to the LOT.
  44. SUCCESSFUL BID: A successful bid is one where the BIDDING PERIOD closes, and the PURCHASER's bid is (by operation of the website) accepted by Auctioneera on behalf of the VENDOR (subject to and in accordance with the ONLINE AUCTION CONDUCT CONDITIONS and these Online Auction terms and conditions) as being the highest valid bid for the relevant LOT at that time which has met or exceeded the RESERVE PRICE.
  45. PROCESSING FEE: A fee of €99 (VAT inclusive) must be paid by all bidders who wish to bid on a property.
    The processing fee is collected as a separate payment from the BIDDING DEPOSIT and is charged by Auctioneera Limited. Please note this fee is non-refundable.
    The processing fee must be paid at the same time that you pay your BIDDER SECURITY DEPOSIT amount. In the event that you are registering to bid on multiple properties at the ONLINE AUCTION multiple processing fees of €99(VAT inclusive) are payable.
  46. TENANCIES: All tenancies, leases, licences to occupy and agreements for lease and any documents varying or supplemental to them.
  47. TENANCY SCHEDULE: The Tenancy Schedule (if any) contained in the CONTRACT FOR SALE.
  48. TRANSFER: Includes a conveyance or assignment (and to Transfer includes to convey or to assign).
  49. VALID BID: A bid recorded and accepted by the system prior to the closing time for a Lot.
  50. VAT: Value Added Tax or other tax of a similar nature.
  51. VAT OPTION: An option to tax.
  52. VENDOR: The person selling the LOT. If two or more are jointly the VENDOR their obligations can be enforced against them jointly or against each of them separately.
  53. WE (AND US AND OUR) The AUCTIONEER: WEBSITE www.Auctioneera.ie
    YOU (AND YOUR) Someone who has registered to bid at the ONLINE AUCTION, whether or not a PURCHASER.
  54. ONLINE AUCTION CONDUCT CONDITIONS:
    A1. INTRODUCTION
    Particulars for properties are issued only on the basis that you accept these Online Auction Conduct Conditions. They govern our relationship with you and cannot be disapplied or varied by the Special Conditions (even by a Condition purporting to replace the whole of these Conditions). They can be varied only if we agree in writing.
  55. OUR ROLE: As agents for each Vendor, we have authority to:
    1. a) prepare the Particulars from information supplied by or on behalf of each Vendor;
    2. b) offer each Lot for sale;
    3. c) sell each Lot;
    4. d) receive and hold the Bidder Security Deposit as agent for the Vendor;
    5. e) sign each Contract for Sale as agents for the Vendor; and
    6. f) treat a Contract as repudiated if the Purchaser fails to pay a Deposit as required by these Online Auction Conduct Conditions and online auction terms and conditions.

    Our decision on the conduct of the Online Auction is final.

    We may cancel the Online Auction or alter the Online Auction, including the order in which Lots are offered for sale. We may also combine or divide Lots. A Lot may be sold or withdrawn from sale prior to the Online Auction of that property. We reserve the right to amend both the opening and designated closing times allocated to a specific Lot. Both the opening time and designated closing time of an Online Auction is subject to the sole discretion of Auctioneera.

    You acknowledge that to the extent permitted by law we owe you no duty of care and you have no claim against us for any loss.

  56. Subject to the following sentence:
    1. all other terms, conditions and warranties relating to the provision by us of online auction services are excluded;
    2. our entire liability to you for something we do or don’t do will be limited to the Processing Fee for one claim or a series of related claims;
    3. we are not liable for any direct or indirect loss of income, business, anticipated savings, goodwill or profits, or for any loss or corruption of data in connection with the use of our online auction services;
    4. we are not liable for any indirect or consequential loss incurred by you; and
    5. we are not liable for any loss or damage that was not reasonably foreseeable when you entered into this agreement.
      Nothing in this agreement removes or limits our liability for fraud, for death or personal injury caused by our negligence or for any liability which can’t be limited or excluded by applicable law.
      If you are a consumer, the terms of this agreement will not affect any of your statutory rights which you have, which cannot be excluded by this agreement.
      You acknowledge that Auctioneera will use reasonable endeavours to provide online auction facilities. In the event of an issue arising with the Online Auction, which materially affects the viability of the process, Auctioneera reserve the right to, but for the avoidance of doubt is not obliged to, suspend or cancel the Online Auction.
      Auctioneera further reserves the right to declare all results of the Online Auction as being null and void without any liability attaching to Auctioneera whether under this agreement, at common law or otherwise. A non-exhaustive list of potential issues which may occur (at your end or otherwise) include failures with internet connectivity, servers or software. If feasible in the circumstances, Auctioneera will use all reasonable endeavours to restart the Online Auction as soon as possible. Please note that, in all such situations, the Auctioneer’s decision is final.
      In the event that you experience connectivity issues (examples of which shall include intermittent losses or complete failures of internet connectivity) during the bidding process, you accept that no liability for such issues attaches to Auctioneera or the Vendor.
      Further, in such circumstances, you accept that you shall have no recourse against Auctioneera or the Vendor for any special, indirect, consequential, or incidental loss, including loss of profits, revenue or goodwill attributable thereto whether arising in contract, tort, by operation of law, or otherwise, even if Auctioneera or the Vendor has been placed on notice of the possibility of such damages.
      PLEASE NOTE THAT SHOULD YOU WISH TO CHANGE SOLICITOR DETAILS, WE REQUIRE THIS INFORMATION WITHIN ONE (1) HOUR OF THE CLOSING OF THE SPECIFIC LOT. WE RESERVE THE RIGHT TO CHARGE A MEMORANDUM AMENDMENT FEE OF €250 (VAT INCLUSIVE) SHOULD WE RECEIVE A REQUEST AFTER ONE (1) HOUR OF THE CLOSING OF THE SPECIFIC LOT.
      PLEASE NOTE THAT IN CERTAIN CIRCUMSTANCES AND IN PARTICULAR WHEN YOUR REGISTRATION IS COMPLETED SOON BEFORE AN AUCTION IT MAY NOT BE POSSIBLE FOR Auctioneera TO COMPLETE ALL OF THE PRESCRIBED ANTI – MONEY LAUNDERING CHECKS BEFORE THE AUCTION. IF WE ARE UNABLE TO COMPLETE THE NECESSARY CHECKS PRIOR TO THE AUCTION AND YOU ARE A SUCCESSFUL BIDDER, PLEASE NOTE THAT THESE CHECKS WILL NEED TO BE SUCCESSFULLY COMPLETED BEFORE A CONTRACT CAN BE EXECUTED ON YOUR BEHALF. THE AUCTIONEERS DECISION REGARDING THESE MATTERS IS FINAL.
      Auctioneera RESERVE THE RIGHT TO DECLARE ALL RESULTS OF THE ONLINE AUCTION AS BEING NULL AND VOID WITHOUT ANY LIABILITY ATTACHING TO Auctioneera WHETHER UNDER THIS AGREEMENT, AT COMMON LAW OR OTHERWISE. YOU ACKNOWLEDGE THAT TO THE EXTENT PERMITTED BY LAW WE OWE YOU NO DUTY OF CARE AND YOU HAVE NO CLAIM AGAINST US FOR ANY LOSS.
      You acknowledge and categorically accept that should the full Deposit not be received by the Auctioneer within 2 Business days, the Vendor can elect to retain the amount received and may elect to take legal action against you for breach of contract, should you fail to complete the purchase of the property.
  57. THE PARTICULARS AND OTHER INFORMATION: We have taken reasonable care to prepare Particulars that correctly describe each Lot. The Particulars are based on information supplied by or on behalf of the Vendor. You need to check that the information in the Particulars is correct. We strongly recommend that you appoint professional advisers, including independent legal advisers, and arrange for them to consider and advise you on all aspects of your intended purchase. All bids you make should be based solely on your independent due diligence. It will be assumed that you have read and considered all relevant documents for the Property you are interested in on or before the date of the Online Auction, that you have shown them to your professional advisers and have taken their professional advice before bidding.
    If the Conditions of Sale do not contain a description of the Lot, or simply refer to the relevant Lot number, you take the risk that the description contained in the Particulars is incomplete or inaccurate, as the particulars have not been prepared by a Solicitor and are not intended to form part of a legal contract.
    The Particulars and the Conditions of Sale may change prior to the Online Auction and it is your responsibility to check that you have the correct versions.
    If we provide information, or a copy of a document, provided by others we do so only on the basis that we are not responsible for the accuracy of that information or document.
    You accept that no information, statement, description, quantity or measurement contained in any advertisements or given orally or contained in any brochure, catalogue, letter, report, docket or hand out issued by or on behalf of the Vendor or any agent acting on behalf of the Vendor in respect of the Property (whether or not in the course of any representation or negotiations leading to the Online Auction date) shall constitute a representation inducing you to bid on the Online Auction date or a condition or warranty forming part of the conditions of sale. Any information, statement, description, quantity or measurements so given or contained in any such advertisement, brochure, catalogue, letter, report or hand out issued by or on behalf of the Vendor or any agent on its behalf are for illustration purposes only and are not to be taken as matters of fact and that any mistake, omission, inaccuracy or mis-description given orally or in the form of any advertisement, brochure, catalogue, letter, report or hand out issued by or on behalf of the Vendor or any of its agents (whether or not in the course of any representation or negotiations leading to the Online Auction date) shall not give rise to any right of action, claim, entitlement or compensation against or from the Vendor or any of its agents under this agreement or otherwise or any right of residue of termination. For the avoidance of doubt, you acknowledge that any previous agreement which may have been entered into by the Vendor and you relating to the Property is rescinded. Any statement, representation or warranty whatsoever made by the Vendor, agent or employees during the course of negotiations leading to the sale which are not contained and set forth in the conditions of sale are hereby treated as having been withdrawn and will have no force or effect at law whatsoever.

    BIDDING AND RESERVE PRICES:

  1. You must when registering for the Online Auction and before you can bid:
    1. a) provide all information we reasonably need from you to enable us to complete the Contract for Sale (including proof of your identity if required by us);
    2. b) authorise us to sign on your behalf a legally binding contract for sale in relation to the Lot you bid on if you make the successful bid;
    3. c) pay the Processing Fee and
    4. d) pay the Bidder Security Deposit which you accept, agree and understand will immediately become non-refundable if you make the successful bid.
  2. You accept, agree and understand that you will be responsible, in your own name and not simply as agent for a third-party purchaser, for ensuring compliance with all obligations in this Online Auction terms and conditions document relating to use of this website and/or participation as a bidder in any Online Auction.
    You must ensure that you have all necessary authority to act on behalf of, and contractually bind and commit, the relevant Purchaser to all obligations set out or referred to in this Online Auction terms and conditions document which expressly or by implication apply to intended Purchasers. If for any reason the person identified by you as being the Purchaser fails to comply with any obligations which expressly or by implication apply to Purchasers (including any situation in which the Purchaser disputes your authority to act and/or contract on its behalf for these purposes), you will be responsible to us for any loss we or any Vendor suffers as a result of that failure. This includes any failure to comply with obligations relating to the purchase of any property for which you successfully bid via an Online Auction.
  3. All bids are to be made in euros exclusive of any applicable VAT save where the Special Conditions state otherwise.
  4. We may refuse to accept a bid. We do not have to explain why.
  5. If there is a dispute over bidding we are entitled to resolve it, and our decision is final.
  6. Unless stated otherwise each Lot is subject to a reserve price (which may be fixed just before the Lot is offered for sale). If no bid equals or exceeds that reserve price the Lot will be withdrawn from the Online Auction. A bid, even if it is the highest valid bid for a Lot, will not be successful if the reserve price has not been met.

    A5. THE CONTRACT

  1. A successful bid is one we accept as such. This CONDITION A5 applies to you if you make the successful bid for a Lot. A successful bid is made where the Bidding Period closes, and the Purchaser's bid is (by operation of the website) accepted by Auctioneera on behalf of the Vendor (subject to and in accordance with these Online Auction Conduct Conditions and these Online Auction terms and conditions) as being the highest valid bid for the property at that time which has met or exceeded the Reserve Price.
  2. You are obliged to buy the Lot under the terms of the Conditions of Sale at the purchase price you bid plus VAT (if applicable).
  3. If you successfully bid, you will become legally bound by the Conditions of Sale applicable to a Lot from the moment that you are successful, i.e. at the time the Bidding Period closes and your bid is (by operation of the website) accepted by the Auctioneer on behalf of the Vendor as being the highest valid bid for the relevant Lot at that time which has met or exceeded the Reserve Price.
    A bid, even if it is the highest valid bid for a Lot, will not be successful if the reserve price has not been met.
  4. If you are successful, and in accordance with the authority you provided on registration, Auctioneera will digitally sign legally binding contracts for the sale of the property on your behalf (and on behalf of the Vendor).
  5. You accept, agree and understand that your Bidder Security will immediately become non-refundable if you make the successful bid, i.e. where the Bidding Period closes, and your bid is (by operation of the website) accepted by the Auctioneer on behalf of the Vendor as being the highest valid bid for the relevant Lot at that time which has met or exceeded the Reserve Price.
  6. You must, if successful, pay the balance of the 10% deposit (if applicable) within two Business days of the Lot closing. This can be paid by Electronic Funds Transfer (EFT) or by bank transfer.
  7. The deposit: a. is to be held as Agent for the Vendor unless the Contract for Sale states otherwise; and b. must be paid in euros by Electronic Funds Transfer 8. We may retain the Contract for Sale digitally signed by or on behalf of the Vendor until the deposit has been received in cleared funds.
  8. If you do not comply with the provisions of A5.6 above we, as agent for the Vendor, reserve the right to, but for the avoidance of doubt, are not obliged to: a. treat that failure as your repudiation of the Contract and offer the Lot for sale again, in which case the Vendor may then have a claim against you for breach of contract.
  9. If the Purchaser does not comply with its obligations under the Contract for Sale then: a. You are personally liable to buy the Lot even if you are acting as an agent; and b. You must indemnify the Vendor in respect of any loss the Vendor incurs as a result of the Purchaser’s default.
  10. Where the Purchaser is a company you warrant that the Purchaser is properly constituted and authorised to buy the Lot.
  11. Please note that should you wish to change purchaser or solicitor details, we require this information within one (1) hour of the closing of the specific lot. We reserve the right to charge a memorandum amendment fee of €250.00 (VAT inclusive)should we receive a request after one (1) hour of the closing of the specific lot.
  12. You acknowledge and categorically accept that should the full Deposit not be received by the Auctioneer within 2 Business days, the Vendor can elect to retain the amount received and may elect to take legal action against you for breach of contract, should you fail to complete the purchase of the property.

    A6. MISCELLANEOUS

  1. Despite any CONDITION to the contrary:
    1. a) The minimum Deposit we require is 10% of the total purchase price, or €3000, whichever is the higher. A Special Condition may, however, require a higher minimum Deposit.
    2. b) We do not accept cash for all or any part of the Deposit.
  2. Unless the context otherwise requires, any reference in this document (or in any condition) to “the Auctioneer(s)” shall be deemed to refer to Auctioneera Limited. Any members or employees of Auctioneera Limited who conduct the Online Auction do so as agents of Auctioneera Limited and without personal liability.
  3. These Online Auction terms and conditions shall be governed by and be construed in accordance with the laws of Ireland and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Ireland.

    B. TERMS & CONDITIONS FOR USE OF OUR WEBSITE

    B1. TERMS OF WEBSITE USE

  1. The terms set out here govern the basis on which you may make use of our website or any website of the Auctioneera group of companies (and the expression “our website” shall be construed accordingly), whether as a registered user or otherwise. Use of the website includes accessing, browsing, or registering to use and also includes use for the purposes of participating in any Online Auction conducted via the website.
  2. Please read these terms of use carefully before you start to use our website, as these will apply to your use of our website. We recommend that you print a copy of this for future reference.
  3. By using our website, you will be confirming that you accept these terms of use and that you agree to comply with them.
  4. If you do not agree to these terms of use, you must not use our website.

    B2. OTHER APPLICABLE TERMS

  1. These terms of use refer to the following additional terms, which also apply to your use of the website: a. Our Privacy Policy www.Auctioneera.ie/privacy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing, and you confirm that all data provided by you is accurate.

    B3. CHANGES TO TERMS

  1. We may revise these terms of use and/or any of the terms and conditions set out in other parts of this Online Auction terms and conditions document at any time by amending the page on which this document appears.
  2. Please check this page from time to time to take notice of any changes we may make, as they are binding on you.

    B4. CHANGES TO OUR WEBSITE

  1. We may update our website from time to time and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.
  2. We do not guarantee that our website, or any content on it, will be free from errors or omissions.

    B5. ACCESSING OUR SITE

  1. Our website is made available free of charge.
  2. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
  3. You are responsible for making all arrangements necessary for you to have access to our website.
  4. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

    B6. YOUR ACCOUNT AND PASSWORD

  1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
  2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
  3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@Auctioneera.ie.

    B7. INTELLECTUAL PROPERTY RIGHTS

  1. We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and except as specifically detailed below nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right, copyright or other intellectual property rights of Auctioneera or any other third party.
  2. You may print off one copy, and may download extracts, of any page(s) from our website for your own use (including use in relation to any Online Auction) and you may draw the attention of others within your organisation to content posted on our site.
  3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  4. Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
  5. You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
  6. If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

    B8. NO RELIANCE ON INFORMATION

  1. The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
  2. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.

    B9. LIMITATION OF OUR LIABILITY

  1. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    1. a) use of, or inability to use, our website (including any inability to place bids or otherwise participate in any Online Auction);
    2. b) use of or reliance on any content displayed on our website (including information relating to Lots offered for sale in any Online Auction).
    3. c) loss or corruption of any documents, data or other information you upload or otherwise provide via the website - you should ensure that you keep your own copies of any such documents, data or other information.
  2. We will not be liable to you for any failure to comply, or delay in complying, with any obligations which (notwithstanding any other provisions in this online auction terms and conditions document) we may be treated as owing to you in relation to use of the website, where the failure or delay is caused by circumstances beyond our reasonable control.
  3. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
  4. We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
  5. We cannot guarantee a secure online auction service.

    B10. UPLOADING CONTENT TO OUR WEBSITE

  1. Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our site, you must comply with the content standards set out below. The standards apply to any and each part of the content uploaded as well as to its whole.
  2. Uploads must not, amongst other things,
    1. a) Contain any material which is defamatory of any person.
    2. b) Contain any material which is obscene, offensive, hateful or inflammatory.
    3. c) Infringe any copyright, database right or trade mark of any other person.
    4. d) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
    5. e) Promote any illegal activity.
    6. f) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  3. You must ensure that any such content does comply with those standards, and you will be liable to us for any loss or damage we suffer as a result of a breach of this obligation.
  4. Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence (on a royalty free basis) to use, store and copy that content in connection with the purposes for which it was uploaded and (where appropriate, given the content and the relevant purposes for which it was uploaded) to distribute and make it available to third parties.
  5. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
  6. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website.
  7. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards.
  8. You may not use any data gathering or data extraction tools, such as robots, on the website without our prior written permission.
  9. The views expressed by other users on our website do not represent our views or values.

    B11. VIRUSES

  1. We do not guarantee that our website will be secure or free from bugs or viruses.
  2. You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.
  3. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer or database connected to our website. You must not attack our website via a denial of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

    B12. LINKING TO OUR SITE

  1. You may link to any page on our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  3. You must not establish a link to our website on any website that is not owned by you.
  4. Our site must not be framed on any other website, nor may you create a link to any part of our site other than the home page.
  5. We reserve the right to withdraw linking permission without notice.
  6. The website in which you are linking must comply in all respects with the content standards set out in the paragraph 'Uploading Content to Our Website' above.
  7. If you wish to make any use of content on our website other than that set out above, please contact hello@Auctioneera.ie

    B13. THIRD PARTY LINKS AND RESOURCES IN OUR SITE

  1. Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only.
  2. We do not control, investigate, monitor or check such websites, we are not responsible for the computer programs available from, content in or opinions expressed at such Web sites, and we do not investigate, monitor or check third party websites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the website and access any third- party site, you do so at your own risk.

    B14. SUSPENSION AND TERMINATION

  1. If you fail to comply with any of these terms of use, the actions that we may take include the following:
    1. a) Immediate, temporary or permanent withdrawal of your right to use our website.
    2. b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our website.
    3. c) The issue of a warning to you.
    4. d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
    5. e) Further legal action against you.
    6. f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

    B15. APPLICABLE LAW

  1. Please note that these terms of use will be governed by and construed in accordance with the laws of (the Republic of) Ireland.

TERMS AND CONDITIONS – PRIVATE TREATY - VERSION DRAFT 1.0

LAST UPDATED JUNE 2021

AUCTIONEERA LIMITED

  

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