Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY ARE LEGALLY BINDING AND CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS INTRODUCTION
We are Gordian Holdings Limited and our registered address is 20 Costis Palamas street, ‘Aspelia’ Court, 2nd floor, 1096 Nicosia, Cyprus (referred to as “Gordian” or “we” or “us” or “our”, terms which include also all subsidiaries of Gordian Holdings Limited).
By using our website https://gogordian.com/ (the “Website”), you are signifying your acceptance to be bound by these terms and conditions (hereinafter referred to as the “Terms”), which are legally binding. We may revise and alter these Terms at our sole discretion at any time by updating this page and you should therefore visit this page from time to time and take notice of any changes.
2. OUR RIGHTS AND INTELLECTUAL PROPERTY
The copyright and all other intellectual property rights in this Website (including but not limited to all database rights, trademarks, and trading names) belong to us or our licensor(s). All rights are reserved.
We reserve the right to use “cookies” on the Website to enable it to personalise each user’s visits on the Website.
You may download material from this Website for the sole purpose of using this Website. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Website without our prior written consent.
This Website may contain links to websites operated by third parties. We have no control over their content. We therefore make no warranties or representations as to the accuracy of any of the information appearing in relation to any linked websites. The links are for your convenience only. If you decide to access any third-party website linked from this Website, you do so at your own risk.
Sections of our Website may contain views expressed by users. Such views do not represent our views or values. In addition to all our rights set out above, we reserve the right to remove any views or statements expressed by users and to take down any content that you upload to our Website at any time and for any reason without notice.
3. YOUR OBLIGATIONS AND CONDUCT
You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specifications and requirements necessary to use this Website and that your computer system is compatible with this Website.
You must not misuse our system or this Website. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Website, or attempt to carry out any of the foregoing.
You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Website.
All content that you upload to our Website must be accurate (where you state facts), be honestly held (where you state opinions), and comply with the applicable laws of the Republic of Cyprus. Such content must not contain any material which is defamatory of any person or which is offensive, discriminatory, unethical, or which does or could potentially infringe the intellectual property rights of any third party. We will determine at our sole discretion whether there has been a breach of this clause. Where a breach of this clause has occurred, we may take any action we deem appropriate, including legal action.
You recognise that Gordian is not an estate agent, attorney, financial adviser or other professional adviser. Further, you acknowledge that Tender Forms (as defined in section 7 below) submitted are subject to contract. We reserve the right, in our absolute discretion, to consider, review or reject a Tender Form received concerning a property owned by Gordian, irrespective of the amount offered for the purchase of the property or of the date and time at which the Tender Form was submitted. Furthermore, we have no obligation to reply to any such Tender Form submitted or to give any reasons for rejecting any bids.
Where a Tender Form concerns a property not owned by Gordian, Gordian has been duly authorised by the seller to advertise the property for sale; and no warranty is provided hereto with regards to the acceptance of an offer for the purchase of the property, nor any obligation is imposed on Gordian or the seller to respond to and/or consider and/or accept any offer for the purchase of the property, irrespective of the amount of the offer or of the date on which the relevant Tender Form was submitted.
You recognise that at times (including during the submission of Tender Forms) you might be asked to provide your personal information (including, without limitation, your name, company details, email address, contact numbers, etc.), and that such information must be provided accurately. In order to be informed about how we process personal data, the rights of data subjects and other important information regarding the collation and use of personal data by us, please read the Gordian Holdings Limited Privacy Notice, which is available on our website at https://gogordian.com/privacy-policy/ .
4. BARRING FROM THE SITE
We reserve the right to bar or block users from this Website and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion, without any need to provide a notification, notice or warning. The barred user must not then attempt to use this Website under any other name or through any other user.
Whilst we endeavour to ensure that any material available for downloading from this Website is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.
You recognize that the Website is updated at regular intervals and due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Website will be uninterrupted or free of any error or that the Website will be accessible and operative on a 24 hour-per-day, 7-day-per-week basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We shall not be liable if we cannot process your details, your requests or your tenders due to any circumstances.
The information provided on this Website is for general interest only and does not constitute specific advice.
We make no warranties or representations that the property information, including location, size, dimensions, physical and legal condition, etc. on this Website is correct, accurate or up to date.
We make no warranty or guarantee that this Website or information available on it complies with laws other than those of the Republic of Cyprus.
We will not be liable for any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control.
We do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
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 the use of, or inability to use, our Website, or use of or reliance on any content or information displayed on our Website.
We shall not be liable to you for any indirect, consequential, special or punitive loss, damage, costs and expenses, loss of profit, loss of business, loss of reputation, depletion of goodwill, or loss of, damage to or corruption of data.
We will not be liable for any loss or damage caused by a virus, attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or any website linked to it.
We are not liable regarding any misinformation, inaccuracy, mistake, misrepresentation, or other error regarding the property information, including location, size, dimensions, physical and legal condition, etc. on this Website. The users of this Website interested in completing a Tender Form on this Website are responsible to visit and inspect the properties they are bidding on, either themselves or through an advisor or a representative. All interested purchasers must, among other due diligence carried out on the property, check the town and planning details of the property with the appropriate authorities. We accept no liability for any difference there might be between the property details provided by us and those provided by the relevant authorities.
When you use the Tender Forms on this Website to make a bid on a property, your details (including your email address) may be sent by email directly to firstname.lastname@example.org . We are not liable if any Tender Forms are not submitted to us due to any technical error, inability to use the Website or break down of the Website.
Prior to the acceptance of an offer submitted via a Tender Form, we have the right to review and reconsider the selling price of a property at any time without prior notice.
SECTIONS 7-9 BELOW OF THESE TERMS DO NOT APPLY TO PROPERTIES ON THE WEBSITE IN FORECLOSURE PROCEEDINGS. SECTIONS 7B AND 8 BELOW OF THESE TERMS ONLY APPLY TO PROPERTIES OWNED BY GORDIAN.
7. A. THE TENDER PROCESS
The entry date of any property on the Website initiates the tender process whereby tenders may be submitted for the purchase of that property by interested parties for a tender process period determined by us in our absolute discretion. During such period, the properties will be labelled as “AVAILABLE”. Properties for which an offer has been accepted will be labelled as “UNDER OFFER” and as soon as a property is sold it will be labelled as “SOLD”.
The submission of a tender for the purchase of a property on our Website must be made through the submission of the tender form (the “Tender Form”) which must be fully completed and signed by the interested party (the tenderer), and where applicable, the real estate agent representing the tenderer. The Tender Form can be found on the Website on the page of the property for which the interested party wishes to submit a tender.
Tender Forms submitted which are not duly completed and signed, shall not be accepted. For the avoidance of doubt, the tenderer’s acceptance of the terms written in the Tender Form must always be signed by the interested party. Tender Forms must be sent by email to email@example.com
We reserve the right not to review a Tender Form which is delivered otherwise than as described above, and such an offer may be considered as having not been made.
We shall not be held liable towards any tenderer in the event that, for any reason whatsoever, the Tender Form is not received or is received with a delay.
Where a Tender Form concerns a property not owned by Gordian, Gordian has been duly authorised by the owner of the property (seller) to advertise the property for sale ; and no warranty is provided hereto with regards to the acceptance of an offer for the purchase of the property, nor any obligation is imposed on Gordian or the seller to respond to and/or consider and/or accept any offer for the purchase of the property, irrespective of the amount of the offer or of the date on which the relevant Tender Form was submitted. You acknowledge that the sale of a property not owned by Gordian is subject to contract between the successful tenderer and the seller of the property.Tender Forms received concerning properties owned by Gordian will be reviewed and evaluated in accordance with the provisions of section 7.B. below.
7. B. POST-TENDER PROCESS
We are entitled to consider and review any Tender Forms submitted to us at any time, irrespective of whether or not the tender process for a particular property has ended; and it is at our discretion whether to reply to such tender offers or not. We are at no point liable or obliged to respond to any offer submitted via a Tender Form at any time.
We reserve the right not to review a Tender Form submitted, in our absolute discretion, without providing any reason.
In the event that a Tender Form is not reviewed or is rejected by us, or in the event where the property is no longer available for sale, we may inform the tenderer accordingly, without however being obligated to mention the reasons for the rejection of the offer made in the Tender Form.
We will be obliged to proceed with the sale of a property to a tenderer only upon the acceptance of the tenderer’s offer and the signing by the successful tenderer and us of a reservation agreement (the “Reservation Agreement”) and a sale and purchase agreement (the “Sale and Purchase Agreement”) concerning the property, or such other document(s) determined by us and agreed to by the successful tenderer, and the completion of all the conditions of these agreements. Prior to that, we reserve the right at any time, to proceed with the sale of any property to any third party.
We will notify the successful tenderer that its offer (made via the Tender Form) has been conditionally accepted via an acceptance letter or email (the “Acceptance Letter”) and we will share with the successful tenderer the Reservation Agreement and the Sale and Purchase Agreement concerning the property (or such other document(s) determined by us and agreed to by the successful tenderer).
8. TERMS OF SALE OF A PROPERTY
Unless agreed otherwise by us, the purchase price of the property shall be paid as follows:
• The successful tenderer has 5 (five) days from the date set out at the beginning of the Reservation Agreement to sign the Reservation Agreement, pay the reservation deposit of:
€5,000 where the purchase price of the property is below €300,000; OR
€10,000 where the purchase price of the property is between €300,000 and €500,000; OR
€20,000 where the purchase price of the property is between €500,000 and €1,000,000; OR
the lower of up to 5% of the purchase price of the property and €100,000 where the purchase price of the property is over €1,000,000;
(the “Reservation Deposit”) to us, and return the signed Reservation Agreement to us (in accordance with its terms) in order to reserve and lock the property for a period of 30 (thirty) days (or such other period set out in the Reservation Agreement or agreed to by us in writing) thereafter. The Reservation Deposit will be deducted from the Balance Deposit (as such term is defined below).
Until the receipt by us of the Reservation Agreement signed by the successful tenderer and of the Reservation Deposit (as defined in section 8 below), we reserve the right to withdraw the acceptance of an offer at any time and for any reason on written notice to the successful tenderer; and we will not be liable to the successful tenderer for any costs, fees and/or expenses (including but not limited to professional fees) that the successful tendered may have incurred with respect to the property, if it is withdrawn by us.
• Within the period of 30 (thirty) days from the date of receipt by us of the Reservation Agreement signed by the successful tenderer, (or such other period set out in the Reservation Agreement or agreed to by us in writing) the successful tenderer, in its capacity as the purchaser (the “Purchaser”) must sign and return to us the Sale and Purchase Agreement concerning the Property, and pay to us the balance of 30% of the purchase price of the Property (i.e. 30% of the purchase price of the Property less the Reservation Deposit, the “Balance Deposit”) in accordance with the terms of the Sale and Purchase Agreement.
• The remaining 70% of the purchase price of the property (the “Balance of the Purchaser Price”), must be paid by the Purchaser to us simultaneously with the transfer and registration of the property at the Land Registry in the name of the Purchaser which shall take place no later than thirty (30) days from the signing of the Sale and Purchase Agreement. Failure of the Purchaser to do so will entitle us, at our absolute discretion, to terminate the Sale and Purchase Agreement due to the Purchaser’s breach (and in such case, monetise, advertise and/or sell the property to any third party as we see fit), withhold any deposit already paid by the Purchaser towards the purchase of the property, and/or claim any other remedy we may be legally entitled to, in all cases, without the Purchaser having any claim against us in relation to the property, the deposit paid or otherwise, including but not limited to any costs and/or expenses which the Purchaser may have incurred in relation to the property to that date. In the event of termination of the Sale and Purchase Agreement, the Purchaser must also withdraw immediately the Sale and Purchase Agreement from the Land Registry if it has been submitted for registration at the Land Registry.
• Any amount due to us pursuant to the Reservation Agreement and/or the Sale and Purchase Agreement (and/or any other agreement concerning the purchase of the property entered into between the Purchaser and us), will be deemed as paid only once it is cleared our bank account, and the Balance Deposit and the Balance of the Purchase Price will only be accepted by us once we complete to our satisfaction all the Know Your Customer (KYC) and anti-money laundering checks required by applicable KYC and anti-money laundering laws and regulations, relevant regulatory authorities and/or our internal practices. For this purpose, the Purchaser agrees to provide to us all the KYC documentation and other information that we may request from the Purchaser, in accordance with the terms of the Reservation Agreement and/or the Sale and Purchase Agreement.
Until full payment of the purchase price of the property to us and the transfer of the full ownership of the property to the Purchaser, we shall retain the ownership of the property.
The stamping process of the Sale and Purchase Agreement shall be carried out by us directly or through our agents, whilst the stamp duty fee shall be borne and paid exclusively by the Purchaser, who will also be responsible to pay the relevant Land Registry fees for the submission (if any) of the Sale and Purchase Agreement.
The Purchaser shall also pay the transfer fees and costs for the registration of the property in the Purchaser’s name at the Land Registry Office.
9. REAL ESTATE AGENTS
In order for a Tender Form submitted by a registered, licensed real estate agent to be reviewed or in the event that the tenderer has authorised a registered, licensed real estate agent to act on his/her/its behalf in relation to the purchase of the property, the Tender Form must state the name and details of the tenderer, and the ‘Details and Authorisation of Real Estate Agent’ and the ‘Tenderer’s Acceptance’ sections therein must be duly completed and signed by the tenderer. In addition, the ‘Declaration by Real Estate Agent’ section of the Tender Form must be duly completed and signed by the real estate agent and all the required information relevant to the real estate agent, as per the terms of the Tender Form should be provided, to enable us to conclude our background checks in line with our internal acceptance policy requirements; otherwise the offer submitted via the real estate agent will not be considered and accepted.
If an offer is made by the tenderer via a registered, licensed real estate agent, we undertake to pay to the real estate agent the commission in accordance with and subject to the terms set out in the Tender Form, only upon completion of the sale of the property and the full settlement of the purchase price of the property. In no event are we bound towards the real estate agent prior to the completion of the sale of the property in accordance with the terms of the Reservation Agreement and the Sale and Purchase Agreement (or any other relevant agreement in force between us and the Purchaser). We, therefore, do not accept any liability or obligation whatsoever for the payment of any commission, remuneration, compensation or costs to the real estate agent prior to such completion.
We do not accept or undertake any liability or obligation whatsoever, under any circumstances, to pay any commission, fee or costs to any real estate agent for the sale of any property, unless and provided the real estate agent follows the aforesaid procedure required by us, and fulfils all the aforesaid obligations and requirements.
The provisions of this section 9 apply also in relation to properties on our Website not owned by Gordian, however in such cases, the commission shall be borne by the seller of the Property, and Gordian does not accept any liability or obligation whatsoever for the payment of any commission, remuneration, compensation or costs to a real estate agent, in relation to properties not owned by Gordian.
We may cede or assign any of our rights or obligations or sub-contract any of our obligations under these terms and conditions without requiring your prior consent.
All notices shall be given to us, by post to our address provided in clause 1 of these Terms and by email at firstname.lastname@example.org.
All notices sent by post will be deemed to have been received 3 (three) working days after the date of posting.
All notices sent by email will be deemed to have been received on the day that they are sent, or, if sent on a national holiday in Cyprus or on a Saturday or Sunday, the next working day following the day on which the email was sent.
12. APPLICABLE LAW AND JURISDICTION
These Terms and their subject matter and formation (including any non-contractual disputes or claims) are governed by Cyprus law and will be subject to the exclusive jurisdiction of the Cyprus courts.