Sherry FitzGerald Terms & Conditions

General Terms

By using the Sherry FitzGerald website (the “Website”) or the mySherryFitz.ie portal (the “Portal”) (in each case including the relevant live chat facility), you agree to be bound by the general terms and conditions set out below and any specific terms and conditions applicable to the service you are availing of (together the “Terms and Conditions”). By using the Website or the Portal, you confirm that you accept the Terms and Conditions and that you agree to comply with them. If you do not agree with the Terms and Conditions, you must not use the Website or the Portal.

  1. Any reference made on the Website or the Portal to "Sherry FitzGerald", “mySherryFitz”, "we", "us" or like terms refers to Sherry FitzGerald Holdings Limited or Sherry FitzGerald Group where the context so admits, includes any or all members of the Sherry FitzGerald Group including its subsidiary companies and franchisees;
  2. The Terms and Conditions, together with the content and use of the Website and Portal shall be governed by and construed in accordance with Irish law. Any dispute in relation to the Website and Portal shall be governed by the laws of Ireland and the Irish courts shall have exclusive jurisdiction in respect of any such dispute.
  3.  You hereby acknowledge and agree that the Website and the Portal are available for use ‘as is’ and ‘as available’, with no warranties of any kind whatsoever. We have taken care to ensure that the material and information contained on the Website and the Portal is as accurate as possible. However, you hereby acknowledge and agree that the Website, the Portal and the material and information contained therein are available for use ‘as is’ and ‘as available’, with no warranties of any kind whatsoever. We do not give any representation or warranty, express or implied, and shall have no responsibility in relation to the accuracy, completeness, availability, reliability, security, suitability, fitness for purpose or performance of the Website or Portal or the contents thereof. All users should take independent professional advice if they require information in relation to any matter addressed on the Website or the Portal.
  4. Except as expressly set out in the Terms and Conditions, all representations, warranties, terms and conditions whether express or implied in relation to the Website, the Portal or the information contained therein are hereby excluded to the fullest extent permitted by law.
  5. In no event will we, or other third parties associated with the provision of the Website or the Portal, be liable for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss including, without limitation, loss of profits, loss of data or business interruption) arising as a result of use, inability to use or reliance on the Website, the Portal or any materials or information contained therein (including, without limitation, any errors, inaccuracies or omissions in such information or any faults, interruptions or delays in connection with the Website or the Portal), whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages or otherwise howsoever arising. If your use of the materials or information contained in the Website or the Portal results in the need for servicing, repair or correction of equipment or data, you assume all costs of such. 
  6. Nothing on the Website or the Portal should be construed as constituting an offer, acceptance or contract or any part thereof. The particulars contained on the Website and the Portal are based on documents prepared from preliminary plans and specifications and are intended only as a guideline as final finishes may vary. Any areas, measurements or distances provided are approximate. Text, photographs, plans and site plans shared are for guideline purposes only, are not necessarily comprehensive and may be subject to change. It should not be assumed that any property on the Website or the Portal, or any property discussed via the Live Chat (as defined below), has all necessary planning, building regulations or other consents. We have not made any investigation into the existence or otherwise of any environmental issues e.g. pollution of land, air or water contamination. Any purchaser should, through legal requisitions and surveys, establish the suitability, title and condition of a property before finalising the purchase of the property and the information contained on the Website and the Portal or the use of the Live Chat shall not replace this responsibility.
  7. In accessing the Website or the Portal, you agree to comply with all applicable laws in force in the place from where you are accessing the Website or the Portal. We reserve the right to refuse access to the Website, the Portal or the services contained therein at our discretion, including, without limitation, if we believe that particular conduct violates applicable law, is harmful to our interests or is in breach of the Terms and Conditions.
  8. You must not misuse the Website or the Portal by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorised access to the Website or the Portal, the server on which the Website or the Portal is stored or any server, computer or database connected to the Website or the Portal. You must not attack the Website or the Portal via a denial-of-service attack or a distributed denial-of-service attack.
  9. As a condition of use of the Website or the Portal, you agree to indemnify us and our affiliates, officers, employees and agents from and against any and all liabilities, other expenses (including costs and legal fees) and damages arising out of claims resulting from your use of the Website or the Portal. 
  10. All content and designs included in the Website and the Portal (including, without limitation, text, graphics, logos, button icons, images, audio clips and software) is protected by copyright, trademark or other intellectual property rights and is the property of Sherry FitzGerald or is licensed to Sherry FitzGerald by third party providers. You may print or download, in electronic form, material from the Website or the Portal for your personal and non-commercial use. You may not make any changes to any material that you print or download including, without limitation, removing any copyright or prohibitory notices. All other uses are prohibited including, without limitation, distributing, reproducing, modifying or copying, or using for any commercial purposes, any of the materials or contents of this site. 
  11. The Website and the Portal may contain links to websites operated by third parties. Such links are provided for your convenience only. We have no control over these websites and we are not responsible for their availability or content. The inclusion on the Website or the Portal of links to such other websites does not imply any endorsement of the material on such websites or any association with their operators. You may link to the home page of the Website or the Portal, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website or the Portal in any website that is not owned by you. The Website and the Portal must not be framed on any other site, nor may you create a link to any part of the Website or the Portal other than the home page. We reserve the right to withdraw linking permission without notice. 
  12. Any use of the Website or Portal otherwise than in accordance with the Terms and Conditions may result in, among other things, termination or suspension of your access to the Website or the Portal. In order to comply with an order of a court of competent jurisdiction or to protect our systems or users of the Website or the Portal, we may process and disclose any information held by us in relation to a user of the Website or the Portal who posts or uploads inappropriate or objectionable Content (as defined below) including, without limitation, their name, email address, IP address, usage history, and Content. 
  13. The Terms and Conditions and any documents referred to herein may be amended from time to time by us. The Website and the Portal will specify the latest date on which the terms of use have been amended. 

mySherryFitz.ie Portal

In addition to the terms above, when you use the Portal you agree to be bound by the additional terms and conditions set out below.

  1. You are required to register for an account to use the Portal. This registration is free of charge. Upon registration, you are solely responsible for maintaining the confidentiality of your password. 
  2. You may not choose a username that is obscene, indecent, abusive or otherwise improper, as determined by us in our sole discretion. If you choose a username which does not comply with the Terms and Conditions, we reserve the right to refuse or cancel your registration, change your username or delete content you have submitted to the Portal. You are solely responsible for restricting access to your computers. You agree to accept responsibility for all activities occurring under your account, user name, or password without restriction. 
  3. We may, at our own discretion, bar registration from any specific e-mail service or ISP.
  4. We will maintain the confidentiality of user data provided for the purposes of registering an account or subscribing to updates in accordance with our Privacy Policy which is available at https://www.sherryfitz.ie/privacy.

Live Chat

In addition to the terms above, when you use the Sherry FitzGerald Live Chat facility on the Website or the Portal (the “Live Chat"), you agree to be bound by the additional terms and conditions set out below.

  1. The Agent(s) are not authorised to make or give any representations or warranties in relation to the property.
  2. You are solely responsible for your use of the Live Chat and use it at your own risk. By using the Live Chat, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Live Chat any of the following:
  • any message, information, or other material (“Content”) that is unlawful, libellous, defamatory, discriminatory, obscene, pornographic, offensive, harassing, threatening, abusive, inflammatory, fraudulent, invasive of privacy or publicity rights or otherwise objectionable or inappropriate; 
  • Content that would constitute, encourage or provide instructions for the commission of a criminal offence, infringe the rights of any party, or otherwise infringe any applicable law; 
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party or any third party’s privacy rights; 
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; 
  • viruses, corrupted data or other harmful, disruptive or destructive files; or 
  • Content that, in our sole judgment, is objectionable, or which may expose us or our users to any harm or liability of any type.

Brochures - Residential Properties – for Sale and to Let

General conditions to be noted:
These particulars do not constitute an offer or contract or any part thereof and none of the statements contained in the particulars as to the property are to be relied on as a statement or representation of fact.
The Agent(s) nor its staff are authorised to make or give any representation or warranty in respect of this property.


All descriptions, dimensions, references to condition and necessary permission for use and occupation, and other details are given in good faith and are believed to be correct but any intending purchaser or tenant should not rely on them as statements or representations of fact but must satisfy himself/herself by inspection or otherwise as to the correctness of each of them.


The agent shall not be required to give any warranty or covenant in respect of the Property. While the agent is familiar with the appearance and lay out of the Property it does not to purport to have either knowledge or awareness as to the title to be furnished or planning documentation. It shall be a matter entirely for the purchaser or any intended purchaser or tenant to be satisfied as to the adequacy of all such documents. The purchaser or tenant should, through legal requisitions and surveys establish the suitability, title and condition of a property before finalising the purchase or let of the property.


It shall be a matter for a purchaser or tenant to satisfy himself/herself as to the availability of services to the Property both in respect of its existing use and any intended use and no warranties are given by the agent or representation made.


Neither the vendor nor the agent shall be required to define boundaries, fences, ditches, hedges or walls, nor to ascertain which, (if any) might be of a party nature.


In the event of any inconsistency between these conditions and the contract of sale or let, the latter shall prevail.


The terms, Vendor and Purchaser, where the context requires shall be deemed to refer to Lessor and Lessee and Landlord and Tenant respectively.

These details do not form part of any contract and are issued on the understanding that all negotiations are conducted through this agent.

Brochures - New Homes

General conditions to be noted:
The particulars contained in this document were prepared from preliminary plans and specifications and are intended only as a guideline as final finishes may vary.


The particulars do not form part of any offer or contract and should not be relied upon as statements or representation of facts.


Any areas, measurements or distances are approximate. Text, photographs, plans and site plans are for guideline purposes only, are not necessarily comprehensive and may be subject to change.

The Agent(s) are not authorised to make or give any representations or warranties in relation to the property.
It should not be assumed that the property has all necessary planning, building regulations or other consents.


We have not made any investigation into the existence or otherwise of any environmental issues e.g. pollution of land, air or water contamination.


The purchaser should, through legal requisitions and surveys establish the suitability, title and condition of a property before finalising the purchase of the property.

Brochures

Commercial Properties

General conditions to be noted:
These particulars do not constitute an offer or contract or any part thereof and none of the statements contained in the particulars are to be relied on to a statement or representation of fact.


The Agent(s) nor its staff are authorised to make or give any representation or warranty in respect of this property.


All descriptions, dimensions, references to condition, necessary permission for use and occupation, and other details are given in good faith and are believed to be correct, any intending purchaser or tenant should not rely on them as statements or representations of fact but must satisfy himself/herself by inspection or otherwise as to the correctness of each of them.


The agent shall not be required to give any warranty or covenant in respect of the property. While the agent is familiar with the appearance and lay out of the property it does not to purport to have either knowledge or awareness as to the title to be furnished or planning documentation. It shall be a matter entirely for the purchaser or any intended purchaser or tenant to be satisfied as to the adequacy of all such documents. The purchaser or tenant should, through legal requisitions and surveys establish the suitability, title and condition of a property before finalising the purchase or let of the property.

It shall be a matter for a purchaser or tenant to satisfy himself/herself as to the availability of services to the Property both in respect of its existing use and any intended use. 


Neither the vendor nor the agent shall be required to define boundaries, fences, ditches, hedges or walls, nor to ascertain which, (if any) might be of a party nature.


In the event of any inconsistency between these conditions and the contract of sale, the latter shall prevail.
The terms, Vendor and Purchaser, where the context requires shall be deemed to refer to Lessor and Lessee and Landlord and Tenant respectively.


Prices are quoted exclusive of VAT (unless otherwise stated) and the purchaser/lessee shall be liable for any VAT arising on the transaction.

Mortgages

Conditions to be noted:

Mortgage Insight DAC T/A Sherry FitzGerald Mortgages is regulated by the Central Bank of Ireland.

Auctions

Terms and Conditions for properties for sale by Auction

Where the sale is by auction, the following provisions shall apply:

  • The Auctioneer may refuse to accept any bid. If any dispute shall arise as to any bidding, the Auctioneer shall (at their option) either determine the dispute or again put up the property in question at the last undisputed bid. No person shall advance at a bidding a sum less than that fixed by the Auctioneer, and no accepted bid shall be retracted.
  • Subject to the foregoing, the highest accepted bidder shall be the Purchaser.
  • The Vendor may divide the property set forth in the Particulars into lots and sub-divide, consolidate or alter the order of sale of any lots.
  • There shall be a reserve price for the Subject Property whether the same shall comprise the whole or any part of the property set forth in the Particulars.
  • The Vendor may withdraw the whole of the property set forth in Particulars or, where such property has been divided into lots, withdraw any one or more of such lots at any time before the same has been sold without disclosing the reserve price.
  • The Auctioneer reserves the right to alter the order of the properties for auction on the day of the auction.
  • A reserve price will be set by the Vendor on the day of the auction. If at the auction the highest price bid does not reach the sum of the reserve, then the property will be withdrawn.
  • It shall be unlawful for the bidder to make a bid for the property on behalf of the vendor, subject to certain exemptions. See Exemptions Section of the Property Services (Regulations) Act, 2011, Part 6, Section 58, Pages 60 and 61 www.psr.ie
  • If the property exceeds the Vendor’s reserve, the Auctioneer will declare the property “on the market” and the highest bidder, at that stage (after it is declared on the market, following the fall of the hammer) will be deemed to be the Purchaser.
  • The Auctioneer does not have to disclose the reserve price when withdrawing the property.
  • The Auctioneer may refuse to accept any bid but no accepted bid will be retracted.
  • It shall be unlawful for the bidder to make a bid for the property on behalf of the vendor, subject to certain exemptions. Insert link to exemptions section of Property Services (Regulations) Act, 2011, Part 6, Section 58, Pages 60 and 61.
  • If the property is withdrawn, the Auctioneer may decide to deal exclusively or otherwise, with the highest bidder. If those discussions lead to an agreement to sell the property then the purchaser will be asked to sign the legally binding contract immediately and pay a 10% deposit (subject to a minimum of €5,000.00).
  • The Purchaser shall forthwith pay to the Vendor’s Solicitor as stakeholder a deposit of 10% of the Purchase Price in part payment thereof, and shall execute the contract and complete the purchase of the Subject Property in accordance with the Conditions.
  • Sherry FitzGerald Group quote property prices in Euro. Where currency conversions are offered, they are approximate and are for illustrative purposes only. The Euro amount quoted is final.
  • The Auctioneer reserves the right to sell the property in advance of the Auction.
  • Accordingly, the properties as per the catalogue shall be for sale by auction, unless previously sold.
  • You will be requested to pre-register for auctions. Confirmation of registration should be printed off and provided on the day of the auction.
  • If you have not pre-registered please arrive 45 minutes before the auction is due to start to enable you to register on time.
  • You will be asked for a cheque or bank draft, normally 10% of the purchase price, subject to a minimum of €5,000.00. Deposit cheques must be in EURO and made payable to the vendors solicitor. 
  • You will be asked to provide details of your solicitor who will be acting for you if you are the successful purchaser.
  • In the event that you are unable to attend, a bid may be submitted by phone or proxy by prior arrangement. Please enquire directly with the sales agent for the specific property and refer to our 'Terms & Conditions for Bidding by Phone or Proxy'.


Terms and Conditions valid as of 24th September 2018