IMPORTANT LEGAL NOTICE

ATTENTION: This legal notice applies to the entire contents of the Website under the domain name www.property-bids.com , www.property-bids.co.uk , www.property-bids.eu (Websites) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Websites indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Rehmaniscent Properties Limited which is a private limited company registered in England and Wales whose company registered number is 07855533 and whose registered address is 186 Brantingham Road, Manchester M21 0TS (Company).

1. Introduction

  1. You may access most areas of the Websites without registering your details with us. Certain areas of the Website are only open to you if you register and verify your identity. Full verification will be required in stages.
  2. The verification process has to be both for bidders and sellers.
  3. The bidder registers and receives a confirmation email, the email has a link to confirm the email address only.
  4. The next step is to verify contact details, e.g. mobile numbers.
  5. A sms message sent to mobile with code which is then put into website sign up page when prompted.
  6. Next verification process is an identity check. A debit or credit card is required
  7. A nominal fee will be taken out. The Merchant Banker and or PayPal will verify the date of birth and address. And the bidder will probably be refunded that nominal back to his account. 3 or 4 days later. or If payment cannot be paid via, then the bidder will not have been verified and hence unable to bid on property.
  8. This process is similar to pay pal registration.
  9. 3rd Verification check will include a 2nd email sent to the new bidder after email address is confirmed and verified. An email asking to scan a copy of passport and or a scanned copy of a driving licence and a recent utility bill and or bank statement in the proposed name. This can be mailed. The process might take longer.
  10. Verification process and complete process and will include manual data recorded for the bidders.
  11. Companies or large Corporations will follow the same process but will not require utility bills. But the CEO or the departments details. Whether it be at branch level manager or Senior Supervisor.
  12. Registration certificates and Value Added Tax certificates will be used and manual checks with Companies House and or Incorporation bodies with relevant countries proveniences and states will be used to check their identity.
  13. Sellers is similar.
  14. But sellers will have to be verified manually with land registry with country which, country the property is in.
  15. By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Websites immediately.
  16. The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

2. Licence

  1. You are permitted to print and download extracts from the Website for your own use on the following basis:
  2. no documents or related graphics on the Website are modified in any way;
  3. no graphics on the Websites are used separately from the corresponding text; and
  4. The Company's copyright and trade mark notices and this permission notice appear in all copies.
  5. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
  6. Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
  7. Any rights not expressly granted in these terms are reserved.

3. Service access

  1. While the Company endeavors to ensure that the Websites, mobile sites and Apps are normally available 24 hours a day, (“Websites”) the Company shall not be liable if for any reason the Websites is unavailable at any time or for any period.
  2. Access to the Websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.

4. Visitor material and conduct

  1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
  2. You are prohibited from posting or transmitting to or from the Websites any material:
    1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
    2. for which you have not obtained all necessary licences and/or approvals; or
    3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
    4. Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
    5. You may not misuse the Websites www.property-bids.com , www.property-bids.co.uk , www.property-bids.eu (including, without limitation, by hacking).
    6. The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.

5. Links to and from other websites

  1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Websites. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
  2. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
    1. you do not remove, distort or otherwise alter the size or appearance of the Company logo;
    2. you do not create a frame or any other browser or border environment around the Websites;
    3. you do not in any way imply that the Company is endorsing any products or services other than its own;
    4. you do not misrepresent your relationship with the Company nor present any other false information about the Company;
    5. you do not otherwise use any of the Company’s trade marks displayed on the Website without express written permission from the Company;
    6. you do not link from a websites that is not owned by you; and
    7. Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
    8. The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
    9. You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.

6. Registration

  1. Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
  2. Responsibility for the security of any passwords issued rests with you.

7. Disclaimer

  1. While the Company endeavors to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
  2. The material on the Websites is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.

8. Liability

  1. The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
  2. Nothing in this legal notice shall exclude or limit the Company's liability for:
    1. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
    2. fraud; or
    3. misrepresentation as to a fundamental matter; or
    4. Any liability which cannot be excluded or limited under applicable law.
  3. If your use of material on the Websites results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

9. Governing law and jurisdiction

This legal notice shall be governed by and construed in accordance with England and Wales law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English and Welsh courts.

 

General Terms and Conditions of Property-bids Auctions

Our terms

1. Definitions

  1. When the following words with capital letters are used in these Terms, this is what they will mean:
  2. Auction: the auction process carried out in the A.
  3. Bid: a bid made by a Prospective Buyer in the A and bidder shall mean the person submitting the Bid.
  4. Buyer: the winning bidder of the A.
  5. Buyers Guide: the Buyers Guide featuring on our websites.
  6. Auction (“A”) the provision of an online auction to grant to the winning bidder an exclusive period of discretionary number of days from and excluding the to unconditionally exchange contracts for the purchase of a Property and for them to then legally complete their purchase within a further period of 28 days from and excluding the date of the exchange of contracts.

Buyer’s Premium: the fee paid by the Buyer to Us which is calculated as 1% of sale value on fall of hammer plus VAT as further defined in the Buyers Guide.

  1. Event Outside Our Control: is defined in clause 8.2;
  2. General Terms and Conditions: these Terms.
  3. Order: your order for the Services

Sellers Authority Form: the attached form confirming your order for the Services as set out therein;

  1. Live auction: Web based and virtual auction at a set date and time (previously advertised and notified).
  2. Property: the land, buildings or property sold in the A.
  3. Prospective Buyers: those who wish to Bid on Properties in the A but have not yet registered with us.
  4. Proxy Bid Authorisation Form: the Proxy Bid Authorisation for authority to Bid by Proxy.
  5. Reserve Price: the reserve price set by the Seller.
  6. Seller: the seller of the Property in the A.
  7. Sellers Auction Contract: the Sellers Auction Contract signed by the Seller.
  8. Services: the services that We are providing to you as set out in and the Sellers Authority Form and the Buyers Guide;
  9. Solicitor: a Solicitor or Conveyancer instructed by you in the sale of your Property.
  10. Special Terms and Conditions: Our Special Terms and Conditions attached hereto.
  11. Successful Bid: the winning Bid by a Buyer on or over the Reserve Price at the conclusion of the A.
  12. Terms: as hereinafter defined as Conditions ; and
  13. Transaction:a sale or purchase of Property sold or introduced through us either through an A or by a privately agreed sale whether negotiated through or by us or otherwise.
  14. We/Our/Us: Rehmaniscent Properties Limited incorporated and registered in England and Wales with company number 07855533 whose registered office is at 186 Brantingham Road, Manchester M21 0TS
  15. Working Day: means a day which is not Saturday, Sunday, a bank holiday or a public holiday in England and Wales.
  16. You/Your/Yourself: the Buyer Prospective Buyer or Seller as the case may be.
  17. When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.

2. Our contract with you

  1. These are the terms and conditions on which We supply Services to you and shall be read and construed in conjunction with and in addition to Our Proxy Bid Authorisation Form our Sellers Auction Contract our Buyers Guide and Our Special Terms and Conditions attached hereto (“together “the Conditions”) and in the case of conflict or inconsistency these General Terms and Conditions shall prevail.
  2. Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and submit the Order. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
  3. When you sign and submit the Order to Us, this does not mean we have accepted your order for Services. Our acceptance of the Order will take place as described in clause 2.4. If we are unable to supply you with the Services, We will inform you of this and we will not process the Order.
  4. These Terms will become binding on you and us when we contact you that we are able to provide you with the Services, at which point a contract will come into existence between you and us.
  5. If any of these Terms conflict with any term of the Order, these Terms will take priority.
  6. We shall assign a reference to the Order and inform you of it when we confirm the Order. Please quote the order number in all subsequent correspondence with us relating to the Order.
  7. We have the right to decline to accept an Order from a Seller if we consider in our absolute discretion that the Reserve Price is set at too high a level.

3. Changes to order or terms

  1. We may revise these Terms from time to time in the following circumstances:
    1. changes in how We accept payment from you;
    2. Changes in relevant laws and regulatory requirements.
    3. If we have to revise these Terms under clause 3.1, we will give you at least one month's written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9.
    4. You may make a change to the Order for Services at any time before the start date for the Services by contacting us. Where this means a change in the total price of the Services, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 9.1 in these circumstances.
    5. If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 9.

4. Providing services

  1. We will supply the Services to you until an unconditional exchange of contracts has been undertaken for the sale and purchase of the Property.
  2. We will make every effort to complete the Services on time. However, there may be delays due to an Event outside Our Control. See clause 8 for our responsibilities when an Event outside Our Control happens.
  3. We will need certain information from you that is necessary for Us to provide the Services, for example, your estate agents name and reference and basic details about the Property (if you are the Seller only ), and (in respect of both the Buyer and the Seller) your address, telephone number and email address. Either we or Our Partner Agents will contact you about this. If you do not, after being asked by us or our Partner Agents, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause 4.3, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent you.
  4. We may have to suspend the Services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 4.4 but this does not affect your obligation to pay for any invoices we have already sent you.
  5. If you do not pay Us for the Services when you are supposed to as set out in clause 6.2-6.7 respectively We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 6.12). We will contact you to tell you this. This does not affect our right to charge you interest under clause 6.11.

5. If there is a problem with the services

  1. In the unlikely event that there is any defect with the Services:
    1. please contact Us and tell Us as soon as reasonably possible;
    2. please give Us a reasonable opportunity to repair or fix any defect; and
    3. We will use every effort to repair or fix the defect as soon as reasonably practicable.

      You will not have to pay for us to repair or fix a defect with the Services under this clause 5.1.
    4. As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6. Price and payment

  1. The price of the Services is set out in the Conditions as appropriate and further charges that may be charged by us to you as set out in this clause 6. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
  2. Our prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
  3. The buyer’s premium payable by the Buyer and the time upon which this is to be paid is set out in the Buyers Guide.
  4. Where any Buyer withdraws from the transaction following the submission and acceptance of an offer using the Auction (A) terms prior to an unconditional exchange of contracts and the Buyer's withdrawal is not attributable to the Seller’s breach of their obligations (as outlined in herein) then We will pay the Seller the sum of £1000, provided that the Seller has not authorized an acceptance of the A without the payment of a Buyer's premium Fee or, for the avoidance of doubt, if the Seller accepts an offer without a Buyer's premium, no sum shall be paid to the Seller.
  5. If any Buyer withdraws the Property from sale following a Successful Bid but before contracts are exchanged and/or if the Buyer withdraws from an agreed sale sold outside the A process for whatever reason and/or the Buyer in Our reasonable opinion is unable and/or unwilling to proceed as may be evidenced by evident delays or non-co-operation with or adherence to these Terms and/or by not providing responses to Our attempts to contact the Buyer or by wilfully delaying the ability of the Seller to exchange contracts within the 28 or a discretionary agreed period specified in the Auction (A) any fee paid will be forfeited in full.
  6. If a Buyer withdraws following the submission and acceptance of an offer using the terms of the A after exchange of contracts the Seller acknowledges that We have discharged our duties by negotiating a suitable sale and that the entire Fee can be retained by Us . In this event the Seller must pursue the Buyer for damages or specific performance of the sale contract independently.
  7. If the Seller wishes to withdraw the Property from the A prior to the conclusion of an Auction and prior to receipt of a Successful Bid this must be made in writing to us and we must confirm receipt. In this event the Seller shall be liable to pay us immediately a withdrawal fee of the higher of 1% of the current Bid at the end of the Working Day the notice to withdraw has been received by us or the Reserve Price subject to a minimum amount of £1000.00 plus VAT and time shall be of the essence in this instance.
  8. If the Seller withdraws the Property from sale following a Successful Bid but before contracts are exchanged and/or if the Seller withdraws from an agreed sale sold outside the A process for whatever reason and/or the Seller in Our reasonable opinion is unable and/or unwilling to proceed as may be evidenced by evident delays or non-co-operation with or adherence to these Terms and/or by not providing responses to Our attempts to contact the Seller or by wilfully delaying the ability of the Buyer to exchange contracts within the 28 period specified in the A any Fee paid will be refunded to the Buyer in full and a withdrawal charge of 1% plus vat of the Reserve Price set by the Seller or the amount of the Successful Bid subject to a minimum fee of £2000.00 plus VAT will become payable immediately by the Seller and time shall be of the essence in this instance.
  9. Should the Seller elect to accept an offer leading to an exchange of contracts, without a Buyer’s Buyer’s premium being paid or if the Buyer was introduced by Property Bid, a nominated Partner Agent or the Seller themselves whilst We remain instructed by you the Seller will become liable for a fee of 1% + vat of the sale price of the Property, (subject to a minimum of £2,000 + vat) upon exchange of contracts.
  10. Upon an unconditional exchange of contracts in relation to the Property our provision of the Services is complete and we shall be entitled to charge our Fee and take payment of the same from the Buyer’s premium which we may hold or added on to the property price.
  11. If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank plc. From time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  12. However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 6.119 will not apply for the period of the dispute.

7. Our liability to you

  1. If we fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or Our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
  2. We do not exclude or limit in any way Our liability for:
    1. death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
    2. fraud or fraudulent misrepresentation;
    3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
    4. breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
    5. Defective products under the Consumer Protection Act 1987.

8. Events outside Our Control

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event outside Our Control.
  2. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
  3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
    1. We will contact you as soon as reasonably possible to notify you; and
    2. Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside Our Control. Where the Event outside Our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event outside Our Control is over.
  4. You may cancel the contract if an Event outside Our Control takes place and you no longer wish us to provide the Services. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event outside Our Control continues for longer than 4 weeks in accordance with our cancellation rights in clause 9.

9. Your rights to cancel and applicable refund

  1. Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 3.1 to your material disadvantage:
    1. You may cancel any Order for Services at any time before the start date for the Services by contacting us. We will confirm your cancellation in writing to you however other charges may be payable by you in accordance with the Conditions and we advise you to familiarise yourself with Clauses 6.4-6.8 of these General Terms and Conditions.
    2. If you cancel an Order under clause 9.1(a) and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
    3. However, if you cancel an Order for Services under clause 9.1(a) and We have already started work on your Order by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an Order because of our failure to comply with these Terms (except where we have been affected by an Event outside Our Control), you do not have to make any payment to us.
  2. Once we have begun to provide the Services to You, You may cancel the contract for the Services at any time by providing us with at least 30 calendar days' notice in writing. We would draw your attention to clauses 6.4-6.9 inclusive as appropriate which provides the fees payable by either Buyer or Seller in those circumstances Any advance payment you have made for Services that have not been provided will be refunded to you.
  3. Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
    1. We break this contract in any material way and We do not correct or fix the situation within 28 days of you asking Us to in writing;
    2. We go into liquidation or a receiver or an administrator is appointed over Our assets;
    3. We change these Terms under clause 3.1 to your material disadvantage;
    4. We are affected by an Event outside Our Control.

 

10. Our rights to cancel and applicable refund

  1. If We have to cancel an Order for Services before the Services start:
    1. We may have to cancel an Order before the start date for the Services, due to an Event outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the Services. We will promptly contact you if this happens.
    2. If we have to cancel an Order under clause 10.1(a) and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
    3. Where we have already started work on your Order for Services by the time we have to cancel under clause 10.1(a), we will not charge you anything and you will not have to make any payment to us.
  2. Once we have begun to provide the Services to you, we may cancel the contract for the Services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
  3. We may cancel the contract for Services at any time with immediate effect by giving you written notice if:
    1. You do not pay us when you are supposed to as set out in the Conditions. This does not affect Our right to charge you interest under clause 6.11; or
    2. You break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.

11. Information about us and how to contact us

  1. We are a company registered in England and Wales with company number 07855533 and Our registered office is at 186 Brantingham Road, Manchester M21 0TS
  2. If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning us or by contacting our customer service team in writing, or email and our details are at the bottom of this form.
  3. If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by hand, or by pre-paid post to The Directors, Property Bid Ltd, Fern Court, Cast legate, Slithered, Lancashire, BB7 1AZ We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Order.
  4. Please note that all required notices to be given to us in writing will only be accepted by post to our address The Directors, Rehmaniscent Properties Limited, 186 brantingham Road, Manchester M21 0TS and we can accept no responsibility for items of post sent by you but not received by us. A NOTICE GIVEN UNDER OR IN CONNECTION WITH THE CONDITIONS IS NOT VALID IF SENT BY E-MAIL. The Notice period which you should allow is as follows
    1. 1. Delivery by hand - on signature of a delivery receipt.
    2. 2. Pre-paid first class recorded delivery post or other next working day delivery service providing proof of delivery - at the time recorded by the delivery service.
    3. 3. Pre-paid airmail providing proof of delivery - at the time recorded by the delivery service.

12. How we may use your personal information

  1. We will use the personal information you provide to Us to:
    1. provide the Services;
    2. process your payment for such Services; and
    3. Inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
  2. We will not give your personal data to any other third party without your consent to do so.

13. Other important terms

  1. We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
  2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
  3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
  5. These Terms are governed by English and Welsh law. You and We both agree to submit to the non-exclusive jurisdiction of the English and Welsh courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
  6. 6. This would be the case for other properties and real estate in the State and or Province the property is in. If the real estate and or property is in Texas, United States. Then the law Governing this property would be Texan law, under Federal US law.

14. Your Obligations - Seller

You agree as follows:

  1. Immediately after a successful and winning bid in the A to instruct a Solicitor to issue a Sale Contract with instructions to them to unconditionally exchange contracts for the sale of the Property within 28 days from and including the date of the end of the Auction and provide them promptly with all relevant and necessary information documentation and instructions to enable them to complete all work required and necessary for contracts to be unconditionally exchanged for the sale of your Property. Should contracts and supporting documentation not be sent to the Buyer’s Solicitor within 14 days from and including the end of the Auction or otherwise in Our reasonable opinion have delayed the exchange of contracts by their act or omission We may choose to extend the deadline and period to exchange contracts in accordance with clause 17.1 hereof or may in our absolute and reasonable discretion consider therefore that the Seller has by their act or omission withdrawn the Property from sale and charge the fee shown at 6.6 and/or 6.7 hereof.
  2. To provide access to the Property for the purposes of undertaking a valuation or survey as may be required by the Buyer’s mortgage lender or the Buyer themselves.
  3. To promptly provide Your Solicitor with any and all requests for information and further documentation as may be required to achieve an unconditional exchange of contracts for the Sale of the Property within 28 days from and including the date of the end of the Auction.
  4. Not to directly or indirectly negotiate the sale of the Property with any other party and to instruct Your Solicitor accordingly and also to instruct Your Solicitor not to issue contracts or documentation to any other Solicitor other than the Solicitor acting for the Buyer.
  5. If you are currently marketing your Property You must advise any existing agent that the Property is being entered into our EA system. Where a Property is currently marketed under a sole selling rights or sole agency agreement with an existing estate agent the Seller should check any fee liability with the estate agent before entering into this Agreement.

15. Your Obligations – Buyer

You agree as follows:

  1. Within 24 hours from and including the end of the Auction to pay the Buyer’s premium to Us by bank CHAPS transfer Bill Payment or Faster Payment to our bank account as follows:

    Barclays Bank PLC
    Reminiscent Properties Limited
    Sort code: 20 64 12
    Account Number: 43788210
  2. Or by our websites payment system. PayPal.

  3. Upon receipt of a cleared payment from You We will issue you with a confirmation of the same and of You period of exclusivity to achieve an unconditional exchange of contracts in relation to the Property
  4. If a mortgage or loan is required to fund the purchase of the Property to promptly apply for such mortgage funding to a suitable lender (“Lender”) and to promptly comply with any application requirements of the Lender including any valuation requirements of the Lender.
  5. Immediately after a successful and winning bid in the EA to instruct a Solicitor to undertake any and all necessary requirements to unconditionally exchange contracts for the purchase of the Property within 28 days from and including the date of the end of the Auction and provide them promptly with all relevant and necessary information documentation and instructions to enable them to complete all work required and necessary for contracts to be unconditionally exchanged for the purchase of the Property.

16. Agreements and Declarations

  1. Should a Property remain unsold after the date of the EA, at the sole and absolute discretion of Us, We reserve the right to:
    1. Terminate this agreement or re-enter the property into another A.
    2. Continue marketing the property for sale under the Auction terms and conditions, until termination instruction are received by us in accordance with this Agreement.
  2. We may offer related legal services to facilitate the purchase and sale of the Property. In that event a commission fee may be payable to us. We reserve the right to retain any financial incentives that may facilitate a sale.
  3. We are not responsible for the security, maintenance, repair or any damage to the Property where this may directly or indirectly resulting from the actions of our staff. It is the Seller's responsibility to ensure all services are turned off, water and heating systems are drained down and to maintain the security of the property and where applicable Insurers must be notified if the property is vacant.
  4. Under the terms of The Property descriptions Act 1991 (England and Wales) It is a criminal offence for estate agents to give false or misleading information in relation to the description of the property. The Seller agrees to provide us with accurate information about the Property in order to comply with this provision. If the Seller becomes aware of any matters that may affect the accuracy of the sales details, they must inform us in writing of this immediately.
  5. We may engage the services of other local agent(s) to assist in the marketing of the Property.
  6. Any Buyer’s premium paid by the Buyer shall not form any part of the purchase price of the Property or the deposit payable on exchange of contracts.
  7. This is a legal document and you are advised to take independent legal advice if you have any query as to your legal position.
  8. The Buyer’s premium shall be held in a separate Client’s Account by Us and will be held until We are entitled to charge our Fee in relation to the Services provided and will be held by Us in the case of any disagreement or dispute until this may be resolved.
  9. Should a Buyer after submitting a Successful Bid in Our reasonable opinion be unable and/or unwilling to proceed as may be evidenced by evident delays or non-co-operation with or adherence to these Terms and/or by not providing responses to Our attempts to contact the Buyer to ascertain the Buyer’s ability to proceed then without prejudice to our the payment of the Buyer’s premium the next highest Bid that is at or above the Reserve Price shall win the Auction and become the Buyer and the Exclusivity Period shall commence from the time that the new Buyer has been notified of the Successful Bid.
  10. Should the Seller withdraw the Property from the EA in the circumstances described in 6.6 above then all Bids shall become null and void.

17. Extension of Time to Unconditionally Exchange Contracts

  1. An extension of time to unconditionally exchange contracts may be granted to a maximum of 42 days from and including the end of the Auction at the absolute discretion of and by agreement between us and the Seller.

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18. Estate Agents Act 1979 Declaration of Interest

  1. If are you related to any family member or have any business association with any employee of us then you must provide full written details.
  2. We use the ombudsman complaints procedure, a copy of which is available on request if a complaint is to be made.

19. Jurisdiction

  1. These Terms and Conditions and the Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
  2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

20. Severance

  1. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
  2. If any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

Special Terms and Conditions

Reminiscent Properties Limited Auction Conditions (to be read in conjunction with and in addition to our General Terms and Conditions and in which the same definitions specified in the same apply to this document) and also our individual Buyers Guide, Sellers Guide and Partner Agents Agreement (as appropriate).

These Special Terms and Conditions of Sale shall be read and construed in conjunction with and in addition to Our Proxy Bid Authorisation Form Our Buyers Guide Our Sellers Auction Contract and Our General Terms and Conditions attached hereto (“together “the Conditions”) and in the case of conflict or inconsistency the General Terms and Conditions shall prevail.

  1. Properties are offered in our Exclusivity Auction by Sellers who accept Our Conditions.
  2. Only Prospective Buyers who have registered with Us and been verified by Us and accept our Conditions may Bid on the Properties.
  3. The winning Bid by a Buyer which is over the agreed Reserve Price wins the Exclusivity Auction and agrees to make a Buyer’s premiumpayment to Us of 1% of the winning Bid or £2000.00 plus VAT whichever is the higher to create a period of exclusivity to achieve an unconditional exchange of contracts and this Buyer’s premiummust be paid within 24 hours from and including the end of the Exclusivity Auction by Faster Payment Bill Payment or bank CHAPS transfer.
  4. We will accept payment of the Buyer’s premiumfrom Buyers (subject to a minimum payment of £2000.00 plus VAT) prior to the Exclusivity Auction and will hold this in a separate Client Account and this will be refunded if the Buyers Bid is unsuccessful
  5. In accordance with our General Terms and Conditions the Buyer’s premiumdoes not form any part of the purchase price of the Property.
  6. In accordance with our General Terms and Conditions both Buyer and Seller agree to achieve an unconditional exchange of contracts of the Property within 28 days from and including the date of the Exclusivity Auction. This period may be extended by agreement with Us and the Seller up to a maximum of a further 14 days. The Buyer is to then complete the purchase within 28 days from the unconditional exchange of contracts.
  7. Should the Buyer have not unconditionally exchanged contracts within the 28 day period and an extension of time not be agreed the Seller has the right to withdraw the Property from the Exclusivity Auction and is free to deal with the Property as they see fit.
  8. If the Seller withdraws the Property following the conclusion of the Exclusivity Auction but before contracts are exchanged the Buyer’s premiumwill be refunded to the Buyer.
  9. Sellers agree to promptly instruct their Solicitor to undertake all necessary documentation and paperwork to achieve an unconditional exchange of contracts with the 28 day period and to facilitate any necessary surveys or valuations required by the Buyer or their mortgage lender.
  10. Other fees may be payable to Us in the circumstances as set out in our General Terms and Conditions.
  11. Buyers agree to make any required loan or mortgage application promptly and comply with any required conditions of the same and also to instruct their Solicitor or Conveyancer to undertake all necessary documentation and paperwork to achieve an unconditional exchange of contracts with the 28 day period.

We must draw to your attention that any agreements signed in your own home are subject to a 7 day cooling off period, however for reasons of expediency in the marketing of your home, for which a cost is incurred. If you agree to forgo the 7 day cooling off period by checking the “I agree” box as below we will commence the marketing of your Property from the date of this Agreement