This page states the Terms and Conditions under which govern you (“the User”) access to and use of the propertylinks.ie website and other digital products offered by Property Links Premier Global Limited, including but not limited to mobile applications. In these terms and conditions the Site refers collectively to all digital products and services offered by us, including any mobile applications regardless of how you choose to access them. Uses of the site include accessing, browsing or registering to use our site.
Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the site. By using the site you confirm that you accept these Terms and Conditions and you agree to comply with them. We may review these Terms and Conditions and revise them at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you and each time you use the Site you agree to be bound by the current terms and conditions.
- GENERAL USE
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, personal information may be stored by us for use by third parties.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. All users of this website are advised to retain independent legal advisors before, whilst and after using this website.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Ireland.
- Discrimination in listing is not permitted and all listing must comply with all applicable laws as regards property listings and/or accommodation advertising (including, but not limited to, the requirement to include a BER rating in the property advertisement where applicable).
- All Parties agree to hold propertylinks.ie its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including legal fees and costs, arising out of or related to your access to or use of propertylinks.ie, your violation of this user agreement, and/or your violation of the rights of any third party or person. Propertylinks.ie will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use propertylinks.ie, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. All users agree to release propertylinks.ie, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of our site.
- This user agreement composes the entirety of the agreement between all users and us. It supersedes all prior or contemporaneous agreements between the parties regarding activities on the site. We may modify this user agreement at any time. This user agreement further composes the agreement between users themselves concerning the use of propertylinks.ie. Parties acknowledge by their actions on propertylinks.ie they are seeking to enter into a binding agreement and nothing in this clause may be deemed to nullify any and all other agreement that may precipitate from activities on the site. By continuing to use propertylinks.ie after a change to this agreement, you agree to those changes.
- TERMS OF ENGAGEMENT
Users of propertylinks.ie agree to carry on business on the following terms and conditions and on such other terms or conditions as may be expressly agreed by the auctioneer or set out on the website.
2.1 DEFINITIONS
In these conditions the following words and expressions shall have the following meanings:
Auctioneer – registered firm listing property for sale on propertylinks.ie.
Catalogue – Any advertisement, brochure, estimate, price or other publication whether on propertylinks.ie or not.
V.A.T. – Value Added Tax.
Registration Form – Page as completed on propertylinks.ie; given at registration stage detailing amongst other matters, name and contact information.
Proof Of Funds – Documentary evidence of same may be required to include: (i) Copy of bank statement in the name of the Buyer. (ii) Letter of offer from mortgage lender to the Buyer, (iii) Letter of confirmation from solicitors of funds on hand in their client(s) account to the benefit of the Buyer.
“Book Now” – The date at which a property is available for purchase.
2.2 MEANINGS AND PRACTICE
Terms used on propertylinks.ie have the meanings and practice as follows:
- Auctioneer Acting as Agent – The Auctioneer is selling as agent for the Developer/Vendor unless it is specifically stated to the contrary. The Auctioneer as agent for the Vendor is not responsible for any default by the Vendor or the Purchaser. The Auctioneer does not have the right to purchase on behalf of the Vendor.
- Admission to propertylinks.ie shall have the right exercisable in its absolute discretion to refuse admission by any individual or entity to the website or bidding on properties by any person or entity.
- Acceptance – The Auctioneer shall have the right exercisable in its absolute discretion to refuse any Buyer, in advance of the “Book Now” process in any manner it may decide, withdraw or divide any property, combine any two or more properties and, in the case of a dispute, to put any property for sale.
- Indemnities – Any indemnity given under these conditions shall extend to all actions, proceedings, claims, demands, costs and expenses whatever and howsoever incurred or suffered by the person entitled to the benefit of the indemnity. The Auctioneer and propertylinks.ie declare themselves to be a trustee of the benefit of every such indemnity for their employees, servants or agents to the extent that such indemnity is expressed to be for their benefit.
- Representations – Representations or statements made by the Auctioneer or propertylinks.ie is a statement of opinion only. Neither the Auctioneer, propertylinks.ie nor their employees, servants or agents shall be responsible for the accuracy of any such opinions. Every person interested in a property must exercise and rely on their own judgment and opinion as to such matters.
- Headings -The headings of the conditions herein contained are inserted for convenience of reference only and are not intended to be part of, or to effect, the meaning or interpretation thereof.
- Governing Law – These conditions shall be governed by and construed in accordance with Irish Law.
- Notices – Any notice or other communication required to be given by the Auctioneer or propertylinks.ie hereunder to a Buyer or a Vendor shall, where required, be in writing and shall be sufficiently given if delivered by hand, sent by post or electronically to, in the case of the Buyer, the address of the Buyer specified in the Registration Form or Register, and in the case of the Vendor, the address of the Vendor specified in the service agreement or to such other address as the Purchaser or Vendor (as appropriate) may notify the Auctioneer or propertylinks.ie in writing. Every notice or communication given in accordance with this condition shall be deemed to have been received if delivered by hand or by email on the day and time of delivery and if delivered by post three (3) business days after posting.
- Contract Signing – Unless alternate terms have been agreed with the Auctioneer before the sale, the Buyer grants authority to the Auctioneer or any person authorised by the Auctioneer, to sign the Contract for Sale relating to the property on the Buyers behalf.
- Initial online booking deposit – Buyers are required to provide propertylinks.ie with details of their debit card or credit card facilities prior to proceeding to the ““Book Now”” stage. Once a Buyer proceeds to purchase a property, an initial booking deposit (which will be specified on the website) will be deduced from the debit card or credit card facilities provided by the Buyer. These funds will be held in trust by the selling agents in their Clients Account. A non-refundable technology fee of €300 inclusive of VAT is payable per transaction by the purchaser to Propertylinks.ie
- Balance of Booking Deposit – The successful Buyers must pay the balance of the booking deposit requested on the property in question to the selling agents within three working days. These funds will be held in trust by the selling agents in their Clients Account.
- Reservation of Title – Notwithstanding delivery or passing of risk to the Buyer the ownership of a Property shall not pass to the Buyer until, contracts have been exchanged by both parties and the Buyer has paid to the Auctioneer (or the Vendors solicitors if applicable in the contracts of sale) the Total Amount Due.
- Variation – propertylinks.ie reserves the right to vary these terms and conditions at their discretion.
- Non-Payment, failure to sign or failure to return contracts – If a Buyer fails to make payment for any purchased property by the dates herein specified for payment or to sign contracts, or to return contracts the Auctioneer shall, in its absolute discretion and without prejudice to any other rights or remedies it may have, be entitled to exercise one or more of the following rights or remedies without further notice to the Buyer: (i) To issue court proceedings for damages for breach of contract; (ii) To rescind the sale of that property or any other properties sold to the Buyer (iii) To resell the property or cause it to be resold whether by public auction or private sale. In the event that there is a deficiency between the Total Amount Due by the Buyer and the amount received by the Auctioneer on such resale after deduction of any necessary expenses the difference shall be paid to the Auctioneer by the Buyer. Any surplus arising shall belong to the Vendor; (iv) Levy a fixed penalty in the amount of €5,000.
- To charge interest on the Total Amount Due at the rate of 2% over and above the base rate from time to time of Bank of Ireland or if there be no such rate, the nearest equivalent thereto as determined by the Auctioneer in its absolute discretion from the date on which payment is due hereunder to the date of actual payment; (vi) To retain that property or any other property purchased by the Buyer and release same to the Buyer only after payment to the Auctioneer of the Total Amount Due; (vii) To apply any sums which the Auctioneer received in respect of properties being sold by the Buyer towards settlement of the Total Amount Due; (viii) To exercise a lien on any property of the Buyer in the possession of the Auctioneer for whatever reason.
- Liability of Auctioneer and Vendor – Prior to sale ample opportunity is given for the inspection of the properties on sale and associated legal documentation. Each Buyer by making a booking request acknowledges that he has had ample opportunity to take independent legal advice and, by exercising and relying on his own judgment, satisfied himself as to the physical condition, title, legal status, age and description of each property. Neither the Vendor, the Auctioneer, propertylinks.ie nor any of their employees, servants or agents shall be responsible for any error of description or for the condition or authenticity of any property. No warranty whatsoever is given by the Vendor, propertylinks.ie or Auctioneer or by any of their employees, servants or agents in respect of any property and any condition or warranty express or implied by statute or otherwise is hereby specifically excluded.
- Auctioneer’s Discretion – With regard to the sale of any Property, the Auctioneer shall have the following powers exercisable solely in the discretion of the Auctioneer: (i) To decide whether to offer any Property for sale or not; (ii) To decide whether a particular Property is suitable for sale by the Auctioneer and, if so, to determine the conditions of sale, duration and the manner in which such sale should be conducted; (iii) To determine the description of any Property on propertylinks.ie. (iv) To determine what illustration of a property (if any) is to be included on propertylinks.ie (v) To decide whether to offer any property for sale or not;
- Vendor’s Warranty and Indemnity – The Vendor warrants to the Auctioneer, to propertylinks.ie and to the Buyer that he is the true owner of the property or is legally authorised to sell the property on behalf of the true owner and can transfer good and marketable title to the property free from any third party claims. The Vendor shall indemnify the Auctioneer, propertylinks.ie and the Buyer or any of their respective employees, servants or agents against any loss or damage suffered by any of them in consequence of any breach of the above warranties or undertakings by the Vendor.
- Finance In Place – Buyers on propertylinks.ie confirm that they are in possession of sufficient funds at the time of booking, so as to complete on all purchases made. They further confirm that they are in a position to provide the Auctioneer and/or other parties connected to the Vendors, with Proof of Funds when requested.
- Criminal Justice Act (Money Laundering and Terrorist Financing) Act 2010 – Buyers are required to provide the following to propertylinks.ie prior to their account being activated on propertylinks.ie to “Book Now”. (i) Copy of valid photo ID. (ii) copy of current utility bill with proof of address. (iii) Proof of funds.
- Solicitors – Solicitors for propertylinks.ie confirm that any and all information furnished to them are done so on a “subject to contract / contract denied basis”. Each Vendor’s solicitor acknowledges that they are providing independent legal advice to their respective client and, by exercising and relying on their own judgment, satisfied themselves as to the physical condition, title, legal status, age and description of each property. Neither the Vendor, the Auctioneer, propertylinks.ie nor any of their employees, servants or agents shall be responsible for any error of description or for the condition in any way shape or form or authenticity in any way shape or form of any property. No warranty whatsoever is given by the Vendor, propertylinks.ie or Auctioneer or by any of their employees, servants or agents in respect of any property and any condition or warranty express, or implied by statute or otherwise is hereby specifically excluded. Solicitors further acknowledge that any queries raised and/or replied to via propertylinks.ie may be shared with other parties at the discretion of propertylinks.ie.