Terms & 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.

1. 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.

2. 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 6 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 solely or jointly 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/.

3. 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.

4. WARRANTY

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.

5. LIABILITY

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 offers@gordianholdings.com . 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 6-8 BELOW OF THESE TERMS DO NOT APPLY TO PROPERTIES ON THE WEBSITE IN FORECLOSURE PROCEEDINGS. SECTIONS 6B AND 7 BELOW OF THESE TERMS ONLY APPLY TO GORDIAN'S PROPERTIES.

6.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 at our absolute discretion. Properties for which an offer has been accepted will be labeled as “OFFER ACCEPTED” and as soon as a property is sold it will be removed from our Website.

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 in accordance with its terms. 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 tenderer. Tender Forms must be sent by email to offers@gordianholdings.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, or jointly owned by Gordian and a third party, Gordian has been duly authorised by the seller or joint owner, as applicable, 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 or joint owner, as applicable, 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 all Tender Forms submitted concerning a property not owned by Gordian, are subject to contract between the successful tenderer and the seller of the property; and that Tender Forms submitted concerning a property jointly owned by Gordian and a third party are subject to contract between the successful tenderer, Gordian and the third party. Tender Forms received concerning properties solely or jointly owned by Gordian will be reviewed and evaluated in accordance with the provisions of section 7.B. below.

6.B. POST-TENDER PROCESS

We are entitled to consider and review a Tender Form 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, at our absolute discretion, without providing any reason.

If a Tender Form is not reviewed or is rejected by us, and/or if a property is no longer available for sale, we may inform the tenderer accordingly, without however being obliged to mention the reasons for the rejection of the offer made in the Tender Form. Successful tenderers will be notified in writing.

The sale of a property to the successful tenderer is subject to contract between the successful tenderer and Gordian. In particular, unless otherwise precluded by applicable laws and/or regulations and/or matters beyond our control, Gordian will be obliged to proceed with the sale of a property to the successful tenderer only upon the successful tenderer and Gordian entering into a reservation agreement (“Reservation Agreement”) and a sale and purchase agreement (“Sale and Purchase Agreement”) concerning the sale of the property (and such other agreements or documents set out in the Reservation Agreement and the Sale and Purchase Agreement and/or acceptable to Gordian), and the satisfactory completion by the successful tenderer of all the conditions of these agreements.

7. TERMS OF SALE OF A PROPERTY

Unless agreed otherwise by us in writing, the purchase price of the property must be paid as follows:

• The purchaser has 5 (five) days from the date set out at the beginning of the Reservation Agreement to sign and return to Gordian the Reservation Agreement, and to pay to Gordian the reservation fee 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 Fee”) in order to exclusively reserve and lock the property for a period of 30 (thirty) days thereafter (or such other period agreed to by us in writing). The Reservation Fee will be deemed as part payment of the purchase price and as such it will be deducted from the purchase price of the property, if the purchaser fulfills its/his/her obligations under and in connection with the Reservation Agreement.

Until the receipt by us of the Reservation Agreement duly signed by the purchaser and payment and clearance of the funds of the Reservation Fee in Gordian’s bank account, we reserve the right to withdraw the acceptance of the purchaser’s offer, via written notice to the purchaser, in the event that we are prevented from selling the property under any applicable law and/or regulations and/or due to the occurrence of an event beyond our control. In such case, we will not be liable to the purchaser 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.

Within the period of 30 (thirty) days from the date of receipt by us of the Reservation Agreement signed by the purchaser (hence on or before the singing of the Sale and Purchase Agreement), (or such other period set out in the Reservation Agreement or agreed to by us in writing), the purchaser must negotiate, agree and sign the Sale and Purchase Agreement concerning the Property, and pay to us in accordance with the terms of the Sale and Purchase Agreement: (a) a deposit as insurance/guarantee by the purchaser for the faithful performance of the terms of the Sale and Purchase Agreement 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.

and

(b) part payment of the purchase price less the Reservation Fee.

• The balance of the purchase price of the property (the “Balance of the Purchase Price”), must be paid by the purchaser to us simultaneously with the transfer of the property at the Land Registry to the purchaser which shall (unless otherwise agreed) take place no later than thirty (30) days from the signing by all parties 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 material breach, and to 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 (unless prohibited by any applicable laws or regulations), 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 pursuant to the Reservation Agreement and/or the Sale and Purchase Agreement (and/or any other agreement concerning the purchase of the property between the purchaser and us), will be deemed as paid only once it is cleared in our bank account, and, where required pursuant to applicable laws and/or regulations and/or our internal practices, the purchase price of the property (or any part of it) 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.

8. REAL ESTATE AGENTS

8.1 Submission of a Tender Form where a Real Estate Agent is involved

In order for a Tender Form submitted by a (a) registered and licensed real estate agent (“Real Estate Agent”) for and on behalf of a tenderer, or (b) tenderer who has authorised a Real Estate Agent to represent him in relation to the purchase of the property, to be reviewed, considered and/or accepted by Gordian, the Tender Form must be duly completed in accordance with its terms. This means that, without limitation, the sections of the Tender Form headed ‘Details and Authorisation of Real Estate Agent’ and ‘Tenderer’s Acceptance’ must be duly completed and signed by the tenderer; and the section headed ‘Declaration by Real Estate Agent’ must be duly completed and signed by the Real Estate Agent.

Further, the Real Estate Agent concerned must, upon Gordian’s request, provide Gordian with information relevant to the Real Estate Agent to enable Gordian to complete necessary background checks in accordance with its internal acceptance policy requirements.

Whether a Real Estate Agent recorded in a Tender Form as representing a tenderer for the purchase of a property is entitled to commission, will be determined in accordance with the terms and conditions of the Tender Form. For the avoidance of doubt, if a Real Estate Agent is entitled to commission in accordance with the Tender Form, such commission is due only upon completion of the sale of the property concerned and the full settlement of the purchase price of the property.

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 advertised on our Website or otherwise promoted by us directly for sale, otherwise than as expressly set out in this section 8 and/or unless this is required by applicable laws and regulations and/or a court of competent jurisdiction.

For the avoidance of doubt, if for the sale of the same property the tenderer has at any stage been represented by two or more Real Estate Agents (whether Registered or not) who:

a) disagree as to their rights (including their entitlement to any commission):- Gordian shall, notwithstanding the provisions of section 8.2 below, not be obliged to pay any commission and/or fees to any of the Real Estate Agents concerned, unless it is ordered to do so by a court of competent jurisdiction, and any commission and/or fees to a Real Estate Agent concerned shall be payable by the tenderer alone. Nevertheless, to enable Gordian to determine whether commission should be paid to any of the Real Estate Agents concerned, such Real Estate Agents must as soon as possible following Gordian’s request, share with Gordian all information which may reasonably be required from Gordian to evidence such intermediation.

b) have agreed to share the commission and have all confirmed this in writing to Gordian:- Gordian will distribute the commission between such Real Estate Agents (in accordance with the terms of this section 8) in accordance with the commission amount corresponding to the Real Estate Agent’s agreed entitlement.

This section 8 applies also in relation to properties on our Website not owned by Gordian (but which Gordian, in its capacity as mortgagee of the property, has been duly authorised by the owner of the property to advertise on its Website for sale), however in such cases, any commission due to a Real Estate Agent shall be borne by the owner 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.

8.2 Registration Process and commission

Without prejudice and subject to the preceding section 8.1, a Real Estate Agent may inform Gordian (via an enquiry submitted via the Website to enquiries@gordianholdings.com, or the ‘Request details’ page on the Website, and/or an email directly to a representative of Gordian’s Sales Operations Team, and the submission to Gordian of information which Gordian may request), that potential purchasers which the Real Estate Agent has been authorised to represent, are interested in purchasing a specific property advertised on our Website, or otherwise directly promoted by us for sale (“Registration Request”).

Following receipt and examination of a Registration Request, the Real Estate Agent will be notified whether the Registration Request is accepted or rejected. If Gordian accepts a Registration Request, the potential purchaser(s) who were listed in the accepted Registration Request will be considered ‘Registered’ under the agency of the Real Estate Agent concerned (such registration is referred to as “Registration” and the Real Estate Agent concerned is referred to as the “Registered Real Estate Agent”).

A Registration is valid for 3 (three) months from Gordian’s notification to the Registered Real Estate Agent that the Registration Request was accepted.

Where we have accepted the Registration, the following will apply:

• If the sale of a property which is the subject of the Registration is achieved through the intermediation of the Registered Real Estate Agent, and this is evidenced via the submission to Gordian and Gordian’s acceptance, of a duly completed and signed Tender Form concerning the property, the Registered Real Estate Agent will be considered by Gordian, subject to paragraph 8.1 above with respect to disputes between two Real Estate Agents, as entitled to a commission for the specific property sale transaction, in accordance with and subject to, the terms and conditions of the Tender Form.

• If a Tender Form for the purchase of a property which is the subject of the Registration has been submitted to Gordian directly from a potential purchaser recorded in the Registration, and a Real Estate Agent has NOT been recorded in the Tender Form as representing him, the Registered Real Estate Agent will be considered by Gordian as entitled to a commission for the specific property sale transaction in accordance with and subject to, the terms and conditions of the Tender Form, if Gordian is reasonably satisfied that the sale of the property concerned was achieved through the intermediation of the Registered Real Estate Agent. For this purpose, the Registered Real Estate Agent will, as soon as possible following Gordian’s request, need to share with Gordian all information which may reasonably be required from Gordian to evidence such intermediation.

• If a Tender Form for the purchase of a property which is the subject of the Registration has been submitted to Gordian from a potential purchaser who is recorded in the Registration, and a Real Estate Agent other than the Registered Real Estate Agent has been recorded in the Tender Form as representing the potential purchaser for that specific property:

(i) the Real Estate Agent recorded on the Tender Form will be considered by Gordian as entitled to a commission in accordance with and subject to the terms and conditions of the Tender Form; and

(ii) the Registered Real Estate Agent will be considered by Gordian as not being entitled to commission for the specific property sale transaction.

For the avoidance of doubt:

• If a potential purchaser recorded in a Registration as interested to purchase a specific property advertised on our Website, submits a Tender Form for the purchase of a different property (which is not subject to the Registration concerned), the Registered Real Estate Agent will not be considered by Gordian as being entitled to a commission for the sale of the property to which the Tender Form relates.

• Notwithstanding the above, a Real Estate Agent who has received from Gordian commission for the sale of a property to a purchaser who was Registered under such Real Estate Agent’s agency, will no longer be considered by Gordian as entitled to a commission for any future sale of a property (advertised on Gordian’s website or otherwise promoted directly by Gordian) to such purchaser, unless Gordian is reasonably satisfied that the sale of the property concerned was achieved through the intermediation of a Real Estate Agent and for this purpose, the Real Estate Agent will, as soon as possible following Gordian’s request, need to share with Gordian all information which may reasonably be required from Gordian to evidence such intermediation.

• A Real Estate Agent may be entitled to a commission in relation to the sale of a property advertised on our Website or otherwise promoted directly by us for sale in circumstances other than the ones set out in this section 8, if agreed by Gordian in writing, and/or if this is required by applicable laws and/or regulations and/or a court of competent jurisdiction.

• Registration is not a requirement.

The terms and conditions of the Tender Form concerning the timing of the payment of the commission, the conflict of interest disclosure requirements and the amount of the commission payable to Real Estate Agents, apply to all Real Estate Agents, including Registered Real Estate Agents.

9. SUB-CONTRACTING

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.

10. NOTICES

All notices shall be given to us, by post to our address provided in clause 1 of these Terms and by email at enquiries@gordianholdings.com.

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.

11. 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.