TERMS & CONDITIONS
Bricks n Mortar Global Properties Limited (BnM) whose registered office is at Suite 28-17, Level 28, Lee Garden 2, 28 Yun Ping Road, Causeway Bay, Hong Kong.
1. Privacy statement
1.1. Any personal information like your Name, Email, Telephone, Address and Country provided by you to BnM will be held in accordance with the Data Protection Act 1998 and will not be released to any third party without your consent.
1.2. BnM will ask you to provide the appropriate identification in order to comply with money laundering regulations once a purchase has been agreed and a reservation made and prior to the reservation fee being paid through BnM to a developer.
1.3. We may use your personal information to:
1.3.1 Provide information to you by email or post which we think may be of interest to you.
1.3.2 Provide information relating to you or others if you indicate that you wish to receive marketing material or similar communications.
1.3.3 Provide other companies with statistical information about our clients, but this information will not identify any individual person. Please advise us if you do not want to receive any further communications of this nature.
1.4. We will record the IP address of all new registrations.
1.5 .If at any time you wish to have your information removed from our active databases, please contact us. Additionally, you will be able to unsubscribe anytime clicking on the unsubscribe link at the bottom of all our email communications.
1.6. If you wish to contact us you can do so by phone on +852 3529 2328 or email us at info@bricknmortar.biz
2. Links
2.1. Our website may contain links to other websites not under the control of BnM. BnM cannot be held responsible for any use or information given by the third-party website.
3. Access to Data
3.1. Under the Data Protection Act 1998, you may request details of the personal information we hold about you. A fee is payable for providing this information. Please make any request to the Data Protection Compliance Officer at the registered office address noted above.
3.2. If your personal information changes or you no longer wish to receive our service, please let us know in writing and we will either update or remove your details from our database.
4. Disclaimer
4.1. Particulars described on the website or any written material should not be relied upon as accurately describing any specific matter. Tables, projections and profit forecasts, are provided for illustrative purposes only. BnM will not accept responsibility for any market changes, which may affect the projections on the website or in written material. Our services are not regulated, we encourage all investors to seek appropriate financial and tax advice from suitably regulated sources.
4.2. While we do our utmost to verify the contents of the website and any written material we produce, we are not responsible for any error or omission, whether due to us or to our sources of information, nor are we liable, directly or indirectly, for any loss whatsoever that may arise there from. All purchase price values are correct at time of going to press but may be affected without notice by the developer.
4.3. Property values can decrease as well as increase. No express or implied income claims are made herein. Neither BnM, nor any of its partners, directors, employees or representatives will be liable for damages arising out of or in connection with the use of information provided on the website. Due diligence must be exercised by each individual buyer and BnM is not providing financial advice under the regulations of the Financial Services Authority.
5. BnM’s obligations during reservation of a property
5.1. Reservations made on behalf of the Developer are subject to change at any time and BnM cannot be held responsible for any alterations made by a developer which may adversely affect the purchaser. All particulars and plans for properties were prepared from preliminary plans and specifications before completion of the properties and are intended only as a guide. They may have been changed during construction or finishes could vary. Prospective purchasers should not rely on this information but get their solicitor to check the plans and specification attached to their contract.
5.2. BnM will advise a purchaser of any changes to a development notified to BnM by a developer as soon as reasonably practical.
5.3. BnM is acting as agent and or intermediary for purchasers and will liaise with both the developer and the solicitors to assist the purchaser during the buying process.
5.4. Whilst every care has been taken by BnM to advise purchasers of the developers intended plans, specifications, layout and design of a new development, BnM cannot be held responsible to a purchaser for any changes in the plans, specification, layout or design of the property made by any developer and the developer will always reserve the right to alter any part of a development including the specification.
5.4. The reservation fee is non-refundable even if contracts are not exchanged, save in exceptional circumstances or by prior agreement with Emerging Real Estate.
5.5. In any event BnM cannot be held responsible for changes or non-delivery by Third Parties/Developers. Purchasers must undertake their own checks and satisfy themselves that they are happy with the contractual arrangements and happy to proceed.
5.6. BnM will send you opportunities for investment, by email or by a telephone conversation. Our opinion does not imply we are providing advice of any kind and you are not our advised client in any matter.
5.7. Before any progression you should carry out your own analysis on what is being offered through your own research. You are advised to carry out an independent legal and financial assessment of any opportunity offered to you before making any commitment to purchase. It is recommended that you use an Independent Lawyer for international property transactions.
5.8. Please remember that the price and value of any investment and income can go down as well as up. If you make an investment you may get back less than the amount you originally invested. If you are in doubt about any investment decision you should seek the advice of a suitably qualified person.
6. Buyer’s obligations during Reservation of a Property
6.1. Basis of the Reservation Agreement
6.2. This Reservation Form including these Terms and Conditions (the Reservation Agreement) is made between the Buyer and the Seller, acting through any authorised agent.
6.3. The Agent has been authorised by the Seller to enter into this Reservation Agreement and receive the Reservation Deposit on its behalf.
6.4. All sub-agents have been authorised by the Master Agent to enter into this Reservation Agreement and will not receive any Reservation Deposit monies.
6.5. By entering into this Reservation Agreement, the Agent confirms that the Seller is interested in selling the Reserved Property to the Buyer and the Buyer confirms that he/she is interested in purchasing the Reserved Property from the Seller
6.6. The Buyer warrants and represents that all information provided by him/her in the Reservation Agreement is true and accurate in all respects.
6.7. By signing the Reservation Agreement, the Buyer acknowledges and agrees that:
6.7.1. he/she has been given every opportunity to raise enquiries or questions in relation to the Reserved Property, the development and all plans relating to the same;
6.7.2. he/she has had the opportunity to take legal and financial advice in relation to this Reservation Agreement and will take legal and financial advice in relation his/her purchase of the Reserved Property before Exchange of Contracts (as defined below) and will rely on such legal and financial advice; and
6.7.3. any information, marketing material and/or representations provided by the Seller or the Agents are for guidance only and are not contractually binding and hey shall in no way replace the Buyer’s responsibility to seek legal and financial advice and carry out its own due diligence and in respect of the purchase of the Reserved Property.
6.8. In consideration of the payment of the Reservation Deposit by the Buyer to the Seller, the Seller agrees not to sell the Reserved Property to any other person during the Reservation Period (as defined below) and shall instruct its solicitors to issue the relevant documentation for the sale of the Reserved Property to the Buyer.
6.9. The Reservation Period means a period of 28 days from the date of entering into this Reservation Agreement and paying the Reservation Deposit, provided that if the Reserved Property is subject to any planning approval at the date of entering into this Reservation Agreement, the Reservation Period shall mean a period of 28 days from date of the grant of planning approval. In either case, the Buyer shall finalise Exchange of Contracts (as defined below) in respect of the Reserved Property with the Seller within the Reservation Period.
6.9. The Reserved Property will not be reserved unless and until the Reservation Deposit is paid in full, cleared funds by the Buyer.
7. Exchange
7.1. In the event that during the Reservation Period there is a legal exchange of an agreement for sale of the Reserved Property (Contract) made between the Buyer and the Seller for the Purchase Price (Exchange of Contracts) and the Buyer has paid the Reservation Deposit then the Reservation Deposit shall be treated as a part payment of the Purchase Price due under that Contract.
7.2. In the event that for whatever reason Exchange of Contracts to purchase the Reserved Property does not occur between the Seller and the Buyer within the Reservation Period then the Reservation Deposit shall be forfeited and no refund of the same shall be made to the Buyer and shall belong absolutely to the Seller.
7.3. Completion of the sale of the Reserved Property (including payment of the Purchase Price) will be made by the Buyer in accordance with the Contract for sale of the Reserved Property.
7.4. The Buyer shall bear all exchange rate divergences and/or bank charges, including credit card transaction charges, as applicable, in connection with the purchase of the Reserved Property.
8. General
8.1. The Buyer may not assign or transfer any or all of his/her rights or obligations hereunder without the prior written agreement of the Seller. This Reservation Agreement contains the entire agreement between the parties relating to the Reserved Property and supersedes any prior representations, warranties, agreements, understandings, negotiations, correspondence, or sales and marketing information. This Reservation Agreement does not constitute a legally binding contract to sell or purchase the Reserved Property by either the Seller or the Buyer, which is subject to the Contract.
8.2. This Reservation Agreement shall be governed by the laws of England and Wales.
9. Disclaimer
9.1. Neither the Agent nor any of its officers, directors, employees, representatives, servants or agents will have any obligations or liability whatsoever to the Buyer, any third party arising out of or in connection with this Reservation Agreement or the transaction contemplated herein, save in the event of their fraud, provided that nothing in this Reservation Agreement shall be deemed to exclude or limit liability for anything which cannot be excluded or limited by law.
9.2. Particulars described on the web site or any written material should not be relied upon as accurately describing any specific matter. Tables, projections and profit forecasts, are provided for illustrative purposes only. BnM will not accept responsibility for any market changes, which may affect the projections on the web site or in written material. Our services are not regulated, we encourage all investors to seek appropriate financial and tax advice from suitably regulated sources
9.3. While we do our utmost to verify the contents of the web-site and any written material we produce, we are not responsible for any error or omission, whether due to us or to our sources of information, nor are we liable, directly or indirectly, for any loss whatsoever that may arise there from. All purchase price values are correct at time of going to press but may be affected without notice by the developer.
9.4. Property values can decrease as well as increase. No express or implied income claims are made herein. Neither BnM, nor any of its partners, directors, employees or representatives will be liable for damages arising out of or in connection with the use of information provided in this website. Due diligence must be exercised by each individual buyer and BnM is not providing financial advice under the regulations of the Financial Services Authority.
10. Legal Representation
10.1. BnM has negotiated with a designated panel of lawyers in the country of the development to act on behalf of the purchasers in order to facilitate the ease of the transaction for the purchaser and to ensure that the appropriate paperwork and legal process is adhered to. Any purchaser agreeing to purchase a property through BnM is recommended to use a nominated lawyer. BnM will always do its utmost to ensure that those nominated lawyers are reliable and trustworthy but BnM cannot, however, be held responsible for the advice given by the nominated lawyer to a purchaser.
11. Miscellaneous
11.1. BnM reserves the right to amend these terms and conditions at any time without further notification, obligations or liability whatsoever to the Buyer, or any third party arising out of or in connection with this Reservation Agreement or the transaction contemplated herein, save in the event of their fraud, provided that nothing in this Reservation Agreement shall be deemed to exclude or limit liability for anything which cannot be excluded or limited by law.
11.2. Notwithstanding the generality of clause 18, neither the Seller or the Agent shall be liable to the Buyer for any: (i) indirect, incidental, special or consequential liability; (ii) loss of profits, business, opportunity, investment, anticipated savings, goodwill or contracts; (iii) failure by the Agent to take proper legal or financial advice or for any advice so taken by the Buyer; or (iv) failure by the Seller to enter into a Contract or return the Reservation Deposit due to any breach by the Buyer of this Reservation Agreement. The Seller’s and the Agent’s entire liability to the Buyer under this Reservation Agreement shall not exceed the sum of the Reservation Deposit.
11.3. By signing the Reservation Agreement or ticking the box to accept the Reservation Agreement the Buyer acknowledges and agrees that he/she has read and understood this Reservation Agreement and has had the opportunity to seek legal and financial advice regarding his/her obligations hereunder and the implications of entering into this Reservation Agreement. This Reservation Agreement shall be binding on the date of signature by the Buyer.
11.4. These terms, conditions and any statements and negotiations made by or on behalf of BnM do not form part of any contract for the sale and purchase of a property and any purchaser should ensure that they have taken legal, tax and any other appropriate advice from a suitably qualified person or company.