Auctioneera Terms & Conditions

I acknowledge, agree & understand that to make use of the Auctioneera website, I have to accept the Auctioneera Terms & Conditions.

General

The terms set out here govern the basis on which you may make use of our website, 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 or private treaty sale conducted via the website.

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.

By using our website, you will be confirming that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our website.

Auctioneera sells properties by private treaty as well as by auction on our website.

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 or Private Treaty Sales do so as agents of Auctioneera Limited and without personal liability.

These 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.

APPLICABLE LAW

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

NO RELIANCE ON INFORMATION

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.

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.

LIMITATION OF OUR LIABILITY

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: a. use of, or inability to use, our website (including any inability to place bids (for auction properties) or offers (on private treaty properties) or otherwise participate in any online auction or private treaty sale); or b. use of or reliance on any content displayed on our website (including information relating to lots or properties offered for sale in any online auction or private treaty sale). 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.

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 these terms and conditions) 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.

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.

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.

UPLOADING CONTENT TO OUR WEBSITE

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. Uploads must not, amongst other things,: a. Contain any material which is defamatory of any person. b. Contain any material which is obscene, offensive, hateful or inflammatory. c. Infringe any copyright, database right or trademark of any other person. d. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence. e. Promote any illegal activity. 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.

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.

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.

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.

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. You may not use any data gathering or data extraction tools, such as robots, on the website without our prior written permission. The views expressed by other users on our website do not represent our views or values.

VIRUSES. We do not guarantee that our website will be secure or free from bugs or viruses. 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. 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.

LINKS AND RESOURCES IN OUR SITE

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only.

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.

SUSPENSION AND TERMINATION

If you fail to comply with any of these terms of use, the actions that we may take include the following:

  • Immediate, temporary or permanent withdrawal of your right to use our website.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our website.
  • The issue of a warning to you.
  • 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.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

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.

Applicable to Private Treaty & Auction Sales

MISREPRESENTATIONS 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 deadline for offers (private treaty sales) or deadline for bids (auction sales) ) shall constitute a representation inducing the purchaser to bid on a property for sale by auction or make an offer on a property for sale by private treaty on Auctioneera 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) 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, 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. 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.

In the event that connectivity issues are experienced during the bidding process (regardless of whether property is being sold by private treaty or auction), I accept that no liability for such issues shall attach to Auctioneera or the Vendor. I further accept that I shall have no recourse against Auctioneera or the Vendor for any special, indirect, consequential or incidental loss arising therefrom. In addition, I accept Auctioneera’s decision is final in all such circumstances.

The bidding increments are set by Auctioneera (e.g. €1,000 per bid / offer). However, bidders have the option to increase these increments to make a higher bid/offer.

PLANS AND PHOTOGRAPHS The plans and photographs shown on the website are included in order to assist you in locating the property 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 property, 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 property or for any other properties shown in such plans or photographs.

VIEWINGS If you wish to inspect a property internally before making an offer (private treaty) / placing a bid (auction), please go to our website www.auctioneera.ie for further details.

CONDITION, INSPECTION AND VACANT POSSESSION

It is strongly recommended that, as a prudent Purchaser, you make every effort to physically inspect the property and where possible, for properties being sold by auction, arrange to have it professionally surveyed prior to the Online Auction. For private treaty sales, surveys are typically not carried out until after the property moves to sale agreed as offers placed on private treaty properties are not legally binding.

If you want to inspect a property in order to make an offer / place a bid, it may be possible to arrange this with the Auctioneers on prior notice and you should contact them to arrange same if no viewing times are noted on the website.

Keys to Lots / properties 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 / property 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 Auctioneers about this).

RENTS AND INFORMATION RELATING TO TENANTS Estimates or suggestions given by the Auctioneers as to current or future rental values affecting any properties or as to the current or future open market rental value of the whole or any part of the property 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.

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 (whether for private treaty or auction properties) , 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.

To the fullest extent permitted by applicable law, Auctioneera shall not be liable to You for any special, indirect, consequential, or incidental loss, including loss of profits, revenue, or goodwill, arising from, or attributable to, this Agreement and/or OUR performance hereunder, whether arising in contract, tort, by operation of law, or otherwise, even if Auctioneera has been placed on notice of the possibility of such damages.

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 or make an offer on a private treaty property, 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 or deadline for offers on a private treaty sale) 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.

Applicable to Auctioneera Private Treaty Sales Only

If there is a dispute over bidding, we are entitled to resolve it, and our decision is final.

In a private treaty sale, both purchaser and vendor can decide not to proceed from “sale agreed” to sold without incurring a penalty. If a booking deposit has been paid, this will be refunded in full on demand.

The vendor is not obliged to accept the highest offer, or any offer, on their property. The vendor’s decision as to whether to sell their property or to which bidder is entirely their decision.

Auctioneera or the vendor are not liable for any costs incurred by a purchaser as part of their efforts to purchase a property for example, legal fees, bank valuation fees, conveyancing costs etc.

Auctioneera reserves the right to amend the deadline for offers on any property ie to either bring it forward in time from the time originally advertised or extend beyond the time advertised. It is the responsibility of purchasers to monitor the website to see the latest deadline for offers.

While Auctioneera acts at all times to maintain the integrity of the deadline for offers as advertised on its website, it is obliged to bring all offers to a vendor’s attention even if the deadline for offers has expired. We however strongly advise all parties to submit their best and final bid well in advance of the deadline for offers. We actively discourage our vendors from entertaining offers made after the deadline has expired.

Marketplace Terms & Conditions

Auctioneera’s marketplace allows users of the website to get real time quotations from property service professionals. Users can book the services of these professionals directly on the website. For some services (eg pre-purchase surveys and BER assessments) the entire fee is taken at the time of booking. For conveyancing, an initial fee is taken when booking the service. This fee is payable to Auctioneera for building and maintaining the marketplace and is not a payment directly to the solicitor. The total price shown on the website consists of an initial payment for Auctioneera’s fee and the solicitor’s professional fee which is paid directly to the solicitor directly, typically when the property transaction closes.

You are purchasing property related services from Third Party Service Providers and not from Auctioneera. Auctioneera is not responsible for and will not have any liability regarding services you purchase from Third Party Service Providers on the Website. You acknowledge, agree, and understand that Auctioneera is not a party to the relationship or any dealings between you and any Third Party Service Provider with whom you engage on the Website.

If You have any concern or dispute about services purchased on the Auctioneera Marketplace from Third Party Service Providers, your claim must be pursued with the Third Party Service Provider exclusively. Auctioneera does not provide arbitration or any dispute resolution mechanism for disputes between You and the Third Party Service Providers on the Website. Auctioneera accepts no responsibility or liability relating to services purchased on the Website from a Third Party Service Provider. The Website provides a marketing & payment processing facility for Third Party Service Providers. Auctioneera provides no warranty or undertaking, and makes no representation of any kind as to the quality of the service offered by any of the Third Party Service Providers & accepts no liability for any deficiency, perceived or actual, in any service provided.

Congratulations, Your Offer Has been Placed and Is Now the Highest!