1.1 “PROSPERTY SINGLE-MEMBER PRIVATE COMPANY”, with the distinctive title “PROSPERTY SINGLE-MEMBER P.C.” (hereinafter “PROSPERTY” or the “Company”), operates and manages an online platform for real-time auctions and the promotion of real estate sales (hereinafter the “Platform” or the “Website”). Through the Platform, the Company acts as a provider of hosting and intermediary services within the meaning of Articles 3–5 of Regulation (EU) 2022/2065 (DSA) and Greek Presidential Decree 131/2003. It provides services to property sellers and prospective buyers without becoming the seller, buyer or a party to the sale and purchase agreement, and without assuming liability for the contractual obligations of the contracting parties. PROSPERTY provides intermediary and real estate brokerage services within the meaning of Article 200 of Greek Law 4072/2012 and conducts online ascending-price auctions (the “Auction” or “Electronic Auction”) through the website https://theprosperty.com for the sale of properties owned by interested sellers (each a “Seller”), in accordance with the procedure set out herein (the “Procedure”).
1.2 These terms of use (the “General Terms”), together with the specific terms applicable to each Auction (the “Special Terms”), constitute a binding agreement between the Company and every person who uses the Platform as a prospective buyer or bidder. They govern the eligibility and participation of prospective buyers in Auctions conducted through the PROSPERTY Platform, provided they comply with the obligations set out herein (the “Participants”), the information made available to prospective buyers, and the conduct of each Auction in real time.
1.3 PROSPERTY exclusively provides brokerage services for the conduct of auctions, is not a seller or buyer of the properties and bears no responsibility for the actual or legal situation of the properties for sale, nor for the subsequent course of the transaction after the completion of the auction, including the conclusion of the final purchase and sale agreement, as well as for any action or omission of the contracting parties.
1.4 The purpose of the completion of the procedure, in accordance with the general and specific conditions, is to identify the highest bidder, i.e. the participant who submits the Highest Bid for the property (the ” bidder“), as well as the buyer, i.e. the participant selected by the seller for the transfer of the property (the ” buyer“). The choice of the buyer is at the sole discretion of the seller. “The transfer” will take place under a purchase contract (the “purchase contract“), which will be signed before a notary of the seller’s choice against the price resulting from the procedure (the “price“), provided that all the conditions mentioned below are met.
2.1 Property/Procedure Information
PROSPERTY will publish information on the website theprosperty.com (the “” property/procedure information“) for each property put up for sale (the ” property“). The property/procedure information is further specified, for each individual auction, in the Special Terms governing it and includes (but is not limited to):
2.1.1 the timetable of the procedure, which may be modified at the sole discretion of PROSPERTY, will be updated accordingly (i.e. date and time of the auction, closing date and time of the request for inclusion in the “list of participants”, etc.).
2.1.2 the information of the property (indicatively, title deeds, Cadastral sheets, technical and Town Planning reports and legal control photos, Floor Plans, Building Permit, Energy Performance Certificate( EPC), electronic property ID (H.T.P.) etc.).
2.1.3 the starting price for the submission of tenders for the property (the” starting price”)), as determined in the Special Terms governing the specific auction.
2.1.4 the procedure of visiting the property in days and hours to be determined upon request taking into account the ultimate date and time of expression of interest.
2.1.5 any other useful information concerning either the property itself or the auction/sale process.
2.1.6 the property/procedure information provided by PROSPERTY to interested parties is intended to assist interested parties in obtaining an overview of the property in order to decide whether or not to participate in the next stages of the procedure. Property / process information is provided for information purposes only and is indicative and not exclusive. It is the sole responsibility of the interested parties to carry out a legal and technical inspection of the property, in order to be fully aware of its condition.
2.1.7 upon receipt of the property/procedure information (below under 2.2.2) the interested parties expressly declare that they have been aware of the Special Terms and that they accept them fully and unconditionally. They also acknowledge that the property/process information contains confidential information possibly including personal data of third parties and that they will use it only for the purpose of reviewing the Property and their possible participation in the auction and bidding, expressly prohibited their further use/processing for any other reason and purpose.
The interested parties in the above context acknowledge that they act as Independent Data Controllers (in accordance with the provisions of the General Data Protection Regulation (EU) 2016/679), in relation to the processing of any personal data included in the information of which they are aware. Furthermore, they declare that they will delete the Property/Process Information from their records after the fulfillment of the above purpose, unless there is a legal obligation to further retain them, in which case the data will be retained only for as long as required by law and will then be deleted in a secure manner.
In the event of a personal data breach relating to the above Information, the interested parties are obliged to inform PROSPERTY without delay and in any case within twenty-four (24) hours from the discovery of the breach, providing all necessary assistance to address it and comply with the relevant obligations of data protection law.
2.2 website registration & auction selection
2.2.1 in order to be able to participate in the auction and submit the corresponding offer (the “offer“), the interested party must register on the website. The registration is completed through the electronic submission by the interested party of the following, his / her actual data, and after choosing his / her username and personal password (username and password), having previously accepted these General Terms, he / she is obliged, during his / her registration and throughout the duration of the use of the platform, to provide accurate, complete, true and non-misleading data identification and communication. These elements include:
(a) for natural persons, full name, mobile phone number and email address; and
(b) for legal entities, name, mobile phone number and email address, as well as details of the legal representative as under (a).
2.2.2 upon completion of the above registration on the website, interested parties, if they wish, choose the auction of a specific property in which they wish to participate. With the choice, interested parties accept the special terms of this auction and digitally sign the contract of brokerage order & provision of intermediation services with the content included in Annex A of the present, in which they will fill in the following information:
(a) for natural persons, full name, maiden name, maiden name, identity card number or valid passport, Tax Identification Number (TIN), home address; and
(b) for legal entities, name, tin and competent Tax Office, registered office, professional activity and details of the legal representative as under (a).
After digitally signing the Brokerage Order & Provision of Mediation Services Contract and having accepted the Special Terms of the respective Auction as above, they will receive access to the Property/Procedure Information, as mentioned above, while, in addition, a visit to the Property may be scheduled by the interested party, following relevant information and consultation with PROSPERTY.
2.2.3 interested parties who wish to participate in the auction for the property, having previously checked the property / procedure information and confirmed that the property is to their liking and suitable for their intended use, will be able to apply for inclusion in the” list of participants ” of the auction for the purchase of the property within the respective deadlines, having previously pay the registration Fee and the participation guarantee, as specifically provided in Clause 2.3 of the present and accept the general and Special Terms, as defined herein.
2.3 participation fee & guarantee of participation in the procedure
2.3.1 interested parties who wish to participate in the auction for the property must:
a) pay registration fee – special interest participation in the auction, amount of two hundred (200) euros plus VAT (hereinafter referred to as the “entry fee”). The participation fee constitutes a legal and agreed fee of the company for the operation of the platform, the provision of access to the relevant information material and the organization and conduct of the auction process. The participation fee paid is non-refundable, regardless of the outcome of the auction or the non-nomination of the interested party as a bidder, unless the scheduled auction is definitely cancelled and not carried out, in which case the amount paid is returned to the interested parties within five (5) working days from the final cancellation of the scheduled auction,
(B) pay an amount as specified in the Special Terms as a guarantee for their participation in the proceedings (the “guarantee ” or ” guarantee of participation”);,
(C) state how the price is paid, i.e. whether it will be paid at the time of signing the purchase and sale contract or whether it will be credited, in whole or in part. –
The participation fee and the guarantee are paid in accordance with the manner disclosed on the platform.
When payment is made via a payment card, the details of the payment cardholder are automatically transmitted to the payment service provider associated with the company that performs the card billing transaction in the case of the supply of all the services provided.
Each interested party must use a payment card, of which he/she is the legal owner and/or authorized user. If a third party payment card is used, a written authorization or consent of its legal holder is required.
The company is entitled, for security reasons, to refuse payment. In this context, the company is entitled to request at any time, in the context of the provision and billing of the services, the presentation by any interested party, of any data it considers necessary (e.g. copy of identity card or passport and / or payment card, proof of home address, etc.), in order to identify the data of the person concerned with those of the holder of the used payment card, but also for any other reason deemed by the Company necessary in the context of the operation of the platform. The sending of any documents that is not possible by electronic means, is carried out in paper form at the headquarters of the company.
2.3.2 the amount of the participation guarantee is part of the brokerage fee of the company for the mediation services provided, as specifically defined in Annex A (brokering order & Mediation Services Contract). In case of successful completion of the procedure, Proclamation and selection of the participant as a buyer and signature of the final contract for the purchase and sale of the property, the amount of the guarantee is offset against the total fee due by the buyer of the company’s brokerage paid at the signing of the purchase and sale contract.
The amount of the Security paid is returned to all participants, if the scheduled auction is definitely cancelled and does not take place, in which case the said amount is returned to the interested parties within five (5) working days from the final cancellation of the scheduled auction. In addition, the amount of the guarantee paid shall be refunded to the participant concerned.:
(a) if he is not declared the Highest Bidder and subsequently the Purchaser, in accordance with Article 4.2 hereof, or
(b) in the event that, while it has been selected as the Buyer, the conclusion of the private advance payment agreement and/or the final purchase and sale contract is not carried out for reasons due to force majeure or in case of withdrawal of the Seller, within a period to be notified by the Company.
On the contrary, in the event that the Participant is declared and a Purchaser is selected and subsequently withdraws, or fails to take the necessary actions for the conclusion of the provided Advance Payment Agreement with the Seller and/or the final purchase contract within the deadlines set out in the General and Special Terms, or in the event that the Company finds that the conclusion of the Purchase Contract does not completed due to the submission by the participant of incorrect information or non-fulfilment of these conditions of participation, the amount of the guarantee shall be forfeited in favour of the company as a penalty and partial compensation for its damage from the non-completion of the procedure, the amount of which the parties recognise as reasonable and proportionate, expressly waiving the participant from any right to challenge or challenge the, reserving the company to claim further compensation for any further damage suffered, in so far as it exceeds the above amount.
2.4 List Of Participants
2.4.1 the requirement of the application for inclusion of the interested parties in the” list of participants”, in addition to the above under 2.2 and 2.3, is that the interested parties meet the conditions and criteria described below in Clause 3 of this.
2.4.2 interested parties included in the above” list of participants”, may participate, according to the time schedule specified by the platform, in the bidding process through the platform, with full, immediate, continuous and real-time access to all the information mentioned in 4.1.12 , as they appear in a special environment provided by the platform. Any bid submitted by the participant shall be considered valid provided that it is superior to any previously submitted bid in accordance with paragraph 4..
2.5 Promotion Of Bidder
2.5.1 the nomination of the bidder, i.e. the participant who submits the Highest Bid for the property, will be made according to the “highest bidder wins” model, according to the procedure described below (Clause 4 of the present).
2.5.2 the Bidder or participant, if selected by the seller as the buyer, shall, within the prescribed period of fifteen (15) days from the notification to the buyer of his choice by the company, sign with the seller a private agreement on the advance purchase price of property (the “Advance Payment Agreement“), in accordance with the conditions and in the form described in the the relevant annex of the Special Terms, of which it will declare with the Special Terms that it has been informed and fully agrees, and by which it will undertake the obligation to proceed with the purchase of the property and the payment of the projected advance payment to the seller, as specifically provided in the Advance Payment Agreement.
2.5.3 after signing the Advance Payment Agreement, the seller and the buyer will conclude the purchase and sale contract for the property, in accordance with the special terms and annexes thereof, within a period of six (6) months from the completion of the auction.
2.5.4 each final offer from each participant remains valid for a period of six (6) months after its submission.
3.1 the right to participate in the procedure and submit a tender is open to natural or legal persons, both foreign and domestic, provided that they meet the terms and conditions set out in the general and specific terms and annexes (the “conditions of participation“). Interested parties who do not meet some of the requirements set out in the general and specific conditions and annexes, or make a false or inaccurate statement about them, will be excluded.
3.2 under penalty of exclusion, natural or legal persons may not participate, directly or indirectly, with more than one offer for the same property as participants or in any other capacity (such as indicatively: affiliated companies, shareholders, regardless of their participation rate, consultants, relatives by blood or marriage up to second degree, etc.). The above prohibition shall not apply in the case of a direct or indirect holding not exceeding 5% of the share capital in a person whose shares are admitted to trading on a regulated market of a member state of the European Union or of the European Economic Area or of the Organisation for Economic Co-operation and development.
3.3 any interested party against whom there is a final conviction for one or more of the following offences or conduct, as defined and provided for by the applicable union and national legislation, shall be excluded from the tender.:
a. Participation in a criminal organization, as defined in Article 2 of no. 2008/841 / Jha and from 24 October 2008 Council Framework Decision on the fight against organised crime (OJ L 300, 11.11.2008, page 42) and crimes of the Criminal Code on criminal organisation.
b. Corruption as defined in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or of the member states of the European Union (OJ C 195, 25.06.1997, Page 1) and in Article 2 (1) of the convention on the fight against corruption. 2003/568 / Jha and from 22 July 2003 a Council Framework Decision on combating corruption in the private sector (OJ L 192, 31.07.2003, page 54), as well as bribery as defined in the National Law of the person concerned for the crimes of the Criminal Code relating to bribery of political persons, bribery of an official, bribery of judicial officers, trafficking in influence-intermediaries and bribery in the private sector.
c. Fraud affecting the financial interests of the union within the meaning of Articles 3 and 4 of Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on combating, by means of criminal law, fraud affecting the financial interests of the Union (L 198/28.07.2017) and the crimes referred to in articles 159A (bribery of political persons), 216 (forgery), 236 (bribery official), 237 par. 2-4 (bribery of judicial officers), 242 (false attestation, adulteration, etc.), 374 (aggravated theft), 375 (embezzlement), 386 (fraud), 386a (computer fraud), 386b (grant-related fraud), 390 (disloyalty) of the Criminal Code and articles 155 et seq. the National Customs Code (n. 2960/2001, a ‘ 265), when they are directed against the financial interests of the European Union or are linked to the infringement of those interests, as well as the crimes of Articles 23 (cross-border VAT fraud) and 24 (subsidiary provisions for the criminal protection of the financial interests of the European Union) of law. 4689/2020 (a ‘ 103).
d. Money laundering or terrorist financing as defined in Article 1 par. 2 of Directive 2005/60 / EC of the European Parliament and the Council of 26 October 2005 on the Prevention of the use of the financial system for money laundering and terrorist financing (OJ L 309, 25.11.2005, page 15), which has been incorporated into Greek law by law. 3691/2008 (Government Gazette 166/a / 2008, as in force).
e. for the main offences described in Law 4557/2018 on “Prevention and suppression of money laundering and terrorist financing (incorporation of Directive 2015/849/EU) and other provisions” or other analogous provisions, as currently in force, including subsequent amendments/relevant provisions.
f. Terrorist offences or offences linked to terrorist activities as defined respectively in articles 3-4 and 5-12 of Directive (EU) 2017/541 of the European Parliament and the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/Jha and amending Council decision 2005/671/Jha (OJ L 88/31.03.2017) or ethics incitement or complicity or attempt to commit a crime, as defined in Article 14 thereof, and The Crimes of articles 187a and 187b of the Criminal Code, as well as the crimes of articles 32-35 of law. 4689/2020 (a ‘ 103).
g. Child labour and other forms of trafficking in human beings, as defined in Article 2 of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on the prevention and fight against trafficking in human beings and on the protection of its victims, and replacing Council Framework Decision No 2002/629 / Jha (OJ L 101, 15.4.2011, Page 1), incorporated into Greek law by the N. 4198/2013 (Government Gazette 215 / a / 2013) and The Crimes of the criminal code on trafficking in human beings.
With respect to sociétés anonymes and legal entities of equivalent legal form in different jurisdictions, the exclusion regarding criminal acts also applies to the chairman/chairman of the board of directors, the managing director, the manager (if any) based on the statute or equivalent document of the legal entity. For all other forms of legal entities, the above exclusion criteria will apply to each of their legal representatives.
3.4 any interested party shall be excluded from participating in the proceedings where, indicatively:
a. is subject to bankruptcy, liquidation, forced administration, (bankruptcy settlement or cessation of activities or resolution proceedings, in any general procedure for the collective satisfaction of creditors) or in any similar situation provided for by the legislation of the state of its establishment,
b. he has initiated proceedings against him under the above under A. situations or the like provided for by the legislation of the state of its establishment,
c. provides dishonest, incomplete or misleading information/data;
d. attempted to hack a website,
e. refuses or fails to provide sufficient financial or other information to indicate the possibility of participation and completion of the purchase and sale,
f. in the free judgment of PROSPERTY and the Seller shall be deemed to be insolvent, unreliable or liable for infringements of Greek or international law, acts, behaviours or intentions,
g. there are sufficiently reasonable indications to conclude that the interested party has entered into agreements with other interested parties aimed at distorting competition;
h. is a current or former employee or associate of the company, and attempts to participate in the auction in the capacity of a candidate natural person or legal representative, member of the Board of directors or manager of a participating legal person A) for three (3) years after for any reason he leaves the company or discontinues his cooperation with a company and B) for five (5) years similarly if he had he has been in a management position of the company.,
I. there is another important reason that justifies its exclusion at the absolute and unjustified discretion of PROSPERTY or the seller.
3.5 PROSPERTY reserves the right to refuse the inclusion of the person concerned in the “participant list” at its absolute and unjustified discretion, if, indicatively, it is unable to complete the corresponding transaction (e.g. in case of submission of a bid for the sake of joke) and May with his participation disturb the smooth outcome of the electronic auction but also remove the interested/participant from the corresponding list in which he has been included, if, indicatively, after the submission of a bid arises one of the above indicatively mentioned reason for exclusion.
4.1 procedure and criteria for the evaluation of tenders
4.1.1 participants who have been included in the” list of participants ” according to the above under 2.4, may participate, on a specific day, which will be specified on the website specifically for the property, in the electronic auction for submission of a bid.
Participation in the procedure of a single participant shall not constitute an impediment to the declaration of a bidder.
4.1.2 when creating the “list of participants”, PROSPERTY May at its sole discretion request clarification from any interested party through its representatives or advisers and may request the interested party to submit additional clarifications within a short period of time, taking into account the principles of equal treatment and transparency.
4.1.3 the currency on the basis of which the electronic auction will be conducted will be the euro.
4.1.4 the duration of each electronic auction is defined in the Special Terms governing it.
4.1.5 the starting price will be determined by prosper in consultation with the seller. The starting price is included in the property/process information (according to the above under 2.1).
4.1.6 bids accepted for the needs of the e-auction are those bids that cumulatively meet the following criteriaꓽ
a. They have been registered in the system on time, i.e. within the duration of the electronic auction, including any extensions thereof.
b. Improve the Highest Bid by an integral multiple of the auction step specified in the Special Terms.
c. Especially the first tender in the system is accepted if it is at least equal to the starting price or improves it by an integral multiple of the tender step as above.
d. The offer is not subject to any terms, conditions, heresies or restrictions.
4.1.7 no bid can be withdrawn after it has been registered in the system and is a legally binding proposal for the purchase of the auction item. Only accepted tenders as defined above, confirmed as valid and accepted by the electronic auction system, are considered valid. Each new offer accepted by the system cancels all previous offers of the same participant.
4.1.8 in the online auction it is not possible to submit a bid on behalf of a third party.
4.1.9 the overriding offer is defined as the offer with the highest price. The Highest Bid at the end of the online auction does not imply the automatic award of the property to the highest bidder.
4.1.10 PROSPERTY is not responsible for any technical problem that the participants may encounter, which may exclude or limit their ability to access the website and the online auction (indicatively and not limited to e.g. internet connection, computer failure, falling power voltages, interference, malicious acts of platform users, etc.). PROSPERTY does not guarantee that the operation of the Website will be uninterrupted or error-free, free from viruses, malware or other similar elements and for this reason bears no responsibility in the above indicatively mentioned cases, including cases of force majeure. PROSPERTY reserves the right to temporarily stop or resume the online auction, in the event of a technical problem of the servers, platform or application, following a notification document of the participants in the interrupted online auction. PROSPERTY also bears no responsibility for the final choice of the buyer by the seller after the drawing up of the auction leaderboard.
4.1.11 PROSPERTY does not intervene in any way to influence the development of the electronic auction.
4.1.12 participants in the online auction will not have access to the details of the other participants. The key elements that will be displayed throughout the online auction on the participants ‘ screen, are the followingꓽ
a. indicative photo of the property,
b. the property code,
c. the starting price,
d. the remaining time for the end of the electronic auction,
e. the current overriding offer.
4.1.13 in the event that prosper finds or reasonably suspects that the auction process has been affected by coordinated or virtual bidding in order to artificially increase the price of the property, it may at its own discretion suspend or cancel the result or even the award of the auction.
4.2 Proclaiming Bidder & Buyer Choice
4.2.1 the participant who offered the highest price for the purchase of the property (H “overriding offer“), as defined herein and according to the leaderboard at the end of the online auction (the “leaderboard“), is declared by decision of the company as the bidder for the property.
After the completion of the above procedure and the drawing up of the leaderboard, the seller evaluates the offers of the bidder and the other participants, taking into account both the amount of the offered price and the proposed method and time of payment, as well as the other elements of the completion of the transaction, for the selection of the person of the buyer with whom he wishes to proceed to the completion of the purchase within five (5) days.
The choice of the participant with whom the purchase and sale will proceed is entirely at the discretion of the seller. The company and the platform are limited solely to providing the technical and organizational mechanism for the conduct of the auction and the promotion of the leaderboard, without incurring any responsibility for the evaluation of the participants for the final choice of the buyer by the seller-apart from checking compliance with the terms and conditions of participation and the non-inclusion of exclusion grounds, in accordance with the terms and conditions. defined in the present.
The buyer will be informed of his choice by PROSPERTY via e-mail. The other participants in the process will also be informed by e-mail. Within fifteen (15) days of the above notification, the buyer is obliged to:
a. send by physical and / or electronic correspondence evidence of capital adequacy (proof of funds) which indicates the possibility of completing the purchase and sale and the full payment of the price as well as any other data required for the signature of the private agreement (see below). below (B). In the event that the payment of the price is made in whole or in part through financing, the highest bidder must also provide the relevant pre-approval of a loan from the financial institution of his choice.
b. proceed to the signing of the Advance Payment Agreement in accordance with the provisions of clause 2.5.2 herein.
c. provide a solemn declaration of the buyer or the legally authorized representative of his legal entity (in both cases, with a digital document attestation through the gov.gr, otherwise by digital signature), in which it will be stated that the buyer does not fall under any of the exclusion grounds mentioned above in Clause 3 of the present, that he unconditionally accepts the general and Special Terms and that he has received knowledge and unreservedly accepts the real, legal and urban status of the property.
Any non-compliance with the above (under a, B and C) by the buyer, will be considered, as specifically mentioned in clause 5.6 of the present, as a waiver and withdrawal of the buyer from his interest in the purchase of the property and in this case the paid Security will be forfeited in favor of prosper. In addition, in this case, the company will reserve the right to nominate as the bidder of the online auction the next highest bidder in the Order of the leaderboard, following the above information procedure. Participants will not be aware of the leaderboard.
4.2.2 the amounts paid as security by the other participants that did not become bidders, will be returned interest-free within five (5) working days from the completion of the electronic auction. Exceptionally, the guarantee of the three (3) first ranked participants may be withheld until the buyer has fulfilled his obligations as provided for in terms 4.2.1 and 4.2.2 above and in any case not later than thirty (30) days from the conclusion of the auction, in order to ensure the possibility of selecting the next participant in order in case of non-completion of the transaction with the buyer .
4.2.3 the final decision on whether or not to award the result of the auction and the nomination of a bidder belongs exclusively to prosper, which is the only competent authority to verify that the conditions of this auction are fulfilled, which relate indicatively to the person of the bidder, the conduct of the procedure, the property, etc., without being obliged to give any justification for its decision and without any responsibility if the result of the procedure is not awarded or repeated. The final decision on the approval and selection of the person who will become the buyer of the property belongs exclusively to the seller. In the event that the seller does not choose to proceed with the initially chosen bidder, he may turn successively to the next in order of ranking participants or decide not to sell the property, without being obliged to any justification of his decision and without bearing any responsibility towards the interested parties / participants, including the responsibility from negotiations.
4.3 in the event that the buyer defaults on any of his contractual obligations, as arising from this, prosper reserves the right to withhold in his favor the amount of the guarantee paid, in accordance with the provisions of clause 2.3.2 of this, to immediately suspend and / or permanently delete his account and exclude his participation in future auctions, subject to at the same time, the right to compensation for any damage caused by its unconventional behavior.
5.1 the price, as it will be formed upon completion of the procedure and according to the provisions of Chapter 4 of the present, will constitute the final price of the purchase of the property that will be indicated in the purchase contract. The payment of the price is made in euro, in full on the date of signature of the purchase and sale contract. The payment of the price can also be made from a loan product, which the buyer will receive from a financial institution of his choice. In this case, the part of the price covered by the buyer’s own funds will be paid at the signing of the purchase and sale contract, and the credited balance will be paid within a period of three (3) months from the signing, as specified in the purchase and sale contract. It is noted that the buyer will have submitted to prosper by the aforementioned deadline and in accordance with the provisions of clause 4.2.1 herein, all the information and documents required regarding the payment of the price (including the pre-approval of the granting of a loan, if applicable).
5.2 in case of non-granting of the loan, the buyer will be obliged to pay the price with interest, in accordance with the applicable legal interest rate, from his own money within the time limit set in clause 5.1. The terms of the seller’s guarantee for the payment of the price will be set at the absolute discretion of the seller (indicatively a solvent condition if a loan is obtained, the right to register a mortgage at the buyer’s expense, etc.).
5.3 the purchase and sale contract will be signed by the seller and the buyer or the person indicated by him as referred to in the following paragraphs, before a notary of the seller’s choice.
5.4 Please note that the buyer may ask prosper to conclude the final purchase and sale contract with a natural person, spouse or child or parent of the buyer, or company in which the buyer participates. The above substitution request is submitted to PROSPERTY within twenty (20) days from the notification to the buyer of his choice by the seller. The person indicated by the buyer should submit, at the same time as the substitution request, the identification/certification documents of term 2.2.2 herein, a solemn declaration that he accepts to pay the price, as resulting from the electronic auction, and the solemn declaration of term 4.2.1 approx. C of the present. All of the above solemn declarations must be authenticated by a competent judicial or public authority or notary public. The seller reserves the right to refuse, at his absolute and unjustified discretion, the conclusion of the contract of purchase and sale with a person other than the buyer.
5.5 in case of substitution of the buyer as referred to in clause 5.4, the buyer will continue to be liable to the seller jointly and severally with the person indicated, until the completion of the purchase and sale contract and full payment of the price. The seller may release the original buyer in writing from his several liability after the substitution has been accepted.
5.6 if the buyer /or the person designated by him / her does not comply with his / her obligations under terms 2.5.2, 2.5.3, 4.2.1, and / or does not submit the above-mentioned documents under term 5.4, and / or the documents under term 5.7 below within the prescribed time limits, or does not legally sign the Advance Payment Agreement or the final purchase and sale contract, then it shall automatically be deemed that the buyer or indicated by him a person has withdrawn his interest in the purchase of the property and has waived any claim or claim as to the property and the process described herein. In this case, the guarantee will be forfeited in favor of the company, and the seller will be entitled to withhold any advance payment and both to seek in addition any other damage positive or consequential, present or future, that may have been suffered by the resignation or withdrawal of the buyer (or the person indicated by him) for the purchase of the property. PROSPERTY will be further entitled to declare the highest bidder next in the leaderboard and to follow the procedure mentioned above, at its sole discretion.
5.7 the company may undertake, upon written agreement with the buyer and for an agreed fee, the support and completion of the entire process of the purchase and sale of the property. The above support will include the coordination and cooperation with a lawyer and Notary who cooperate with the company or the seller, for the preparation, inspection and signature of the required notarial and other documents, as well as any other necessary action until the completion of the transfer. The relevant remuneration of the company for the above services will be determined by a special written agreement between the parties and is not included in the agreed brokerage fee, unless expressly agreed otherwise.
5.8 the total costs and fees for the transfer of the property, indicatively the notarial costs and fees, the fees and costs of technical / town planning / legal control as well as all kinds of taxes, fees and general expenses (indicatively, registration/transfer fees at the competent Land Registry/land registry, etc.) are borne solely by the buyer.
6.1 prosper reserves the right, at its sole discretion, without notice and without providing any specific justification to interested parties/participants, to postpone at any time, suspend, cancel or cancel the procedure at any stage thereof or to modify the schedule of the procedure as well as the general and specific terms thereof or to resume it in any way and at any time until the proclamation of the highest bidder, in its absolute discretion, without bearing any responsibility towards the interested parties/participants, including the responsibility from negotiations. Any such change will be binding on all stakeholders/participants.
6.2 the participants participate in the process exclusively at their own risk and responsibility, and from their participation there is no right to compensation or any other claim or right against the seller and prosper, while they expressly and unconditionally waive any right, other than those specified in the applicable Greek law, the general and the special terms. For the avoidance of doubt, prosper and the seller (including their executives, agents or advisors) do not assume liability for any expenses, fees and/or expenses incurred by participants and likewise are not liable for any expenses or damages incurred by participants as a result of their participation in the process. Such costs or losses shall be borne solely by the participants.
6.3 participation in the procedure constitutes and is agreed as an irrefutable presumption that the participant has read, understood and accepts unconditionally the general and special terms and annexes, as provided herein, recognizes the legality of them, and recognizes that he has full knowledge of the general, special and local conditions of the property, as well as the general requirements of the property. Procedure. It is also presumed that the participants prior to the submission of an offer have read and agree to the draft of the Advance Payment Agreement that they will sign after their selection as buyers, as provided in clause 2.5.2 above and intend to advance the corresponding advance payment price that follows with it.
6.4 non-compliance by participants with the general and/or specific conditions, or failure to provide the information required by them, may be considered by prosper, in its sole discretion, as a sufficient reason for rejecting any offer. Please note that there is no possibility to submit objections. In any case, it is possible to appeal to the competent courts on the basis of the applicable legislation.
6.5 no guarantee is given as to the accuracy, completeness, correctness or adequacy of the property/process information as well as the legal, Town Planning and actual condition of the properties and PROSPERTY is exempt from any liability for any deficiencies, inaccuracies, omissions, omissions or failure to update data in this regard. The seller is solely responsible for all data provided for each property. Any legal / technical report provided by PROSPERTY is exclusively informative and does not create liability or guarantee for defects, burdens or condition of the property. Interested parties / participants should carry out their own independent research and analysis of the data relating to the property, assisted by consultants of their choice. The interested parties / participants, regardless of the provided property/procedure information, must check before submitting their offer, the legal, actual and urban status of the property and that it is to their liking and suitable for their intended use, for which PROSPERTY assumes no responsibility.
6.6 PROSPERTY or any of their representatives, employees, officers or associates do not and will not in the future bear any responsibility or liability for any errors, deficiencies or inaccuracies or omissions in relation to the auction, the property, the general and the Special Terms, as well as in relation to the information provided to the interested/participants of the property/process, nor for the possible discrepancy with the actual condition of the property. Each person to whom the general and specific conditions are made available shall make his or her own independent and responsible assessment of them, on the basis of research and professional advice which he or she deems appropriate.
6.7 the general and specific conditions as well as the property/procedure information are not intended to form the basis for any investment decision, advice or proposal or encouragement of investment by Prosper and do not constitute an investment decision or any form of guarantee statement. Interested parties should be aware that the legislation, the tax regime and the conditions in general governing the procedure and transaction for the purchase and sale of the property may be modified.
6.8 information, written or oral, provided by prosper at the auction and/or in connection with the auction, the purchase and sale of the property and/or any relevant information do not constitute commitments, representations or warranties on behalf of Prosper, may not be accurate and complete and, in no way, shall bind prosper.
6.9 prosper may be required to disclose information held by it in response to requests for information. PROSPERTY may be required to disclose certain information and/or documents relating to tenders before courts in the course of court proceedings or to any administrative authority or organisation in connection with the fulfilment of its statutory and statutory obligations.
6.10 the interested parties / participants undertake, for a period of at least five (5) years, to keep confidential the documents and information or any information they have received or will receive in connection with the auction and / or the purchase and sale of the property and / or any related procedure and not to disclose them further, without the prior written approval of prosper and the seller, except to their consultants (indicatively lawyers and engineers) and only if, and to the extent necessary for the purposes of the auction and they are bound by the terms hereof. In any case, the interested parties / participants are liable to prosper and/or the seller for acts and omissions of their executives, representatives, consultants and / or their agents in general. If requested by the seller or / and prosper at any time or if they are not required to sign the final contract for the purchase and sale of the property, the participants undertake to destroy documents, information and any material of which they have become aware regarding the process and/or the purchase and sale of the property and/or any related process.
6.11 the procedure is governed by Greek law. All disputes arising between the parties involved in relation to the procedure and regarding the validity, interpretation or execution of the general and specific terms thereof, as well as the brokering Order Contract and the provision of Mediation Services, will be resolved exclusively by the competent courts of Athens.
7.1 the Company expressly declares and any interested party/Participant acknowledges and accepts that PROSPERTY:
7.2 the Company reserves the right, without fault or liability:
(A) immediately remove any content that is considered illegal or contrary to the terms of use;,
(B) disable access to posts, auctions or accounts;,
(C) suspend or restrict the functions of persons using the platform;,
(D) act on the basis of reports from third parties or authorities;,
(E) take the measures provided for in Articles 14 and 16 of regulation (EU) 2022/2065 (DSA).
PROSPERTY is not liable for any damage suffered by any interested/participant from the above – even if these affect their ability to participate in a current auction.
7.3 PROSPERTY makes no assurances or warranties about:
(a) the status or legality of the property,
(b) the solvency and conduct of the parties involved;,
(c) the accuracy of the property information,
(d) whether or not there are legal or actual defects, burdens, claims, debts from any cause, etc. on the property.
PROSPERTY shall not be liable for any delay, failure or improper performance of its obligations, as well as the obligations of interested parties, participants or sellers, in relation to the provided mediation and brokerage services or the operation of the platform and its services in general, if these are due to force majeure events such as, but not limited to, natural disasters, fires, floods, earthquakes, pandemics, war actions, terrorist attacks, government actions, strikes, as well as any other cause outside the logical control of the platform.
Furthermore, indicatively, as a failure to fulfill its obligations regarding the services provided, the following cases are mentioned::
a) pandemics, epidemics or government measures (e.g. lockdowns, traffic restrictions) that prohibit carrying out checks.
(b) labor protests, strikes or transport stops.
c) Force Majeure affecting third parties with whom PROSPERTY contracts for the provision of electronic intermediation and brokerage services and the conduct of auctions (e.g. public services).
In such cases, the deadlines set herein for the fulfilment of obligations shall be suspended until the force majeure event is lifted. PROSPERTY is exempt from any liability by all persons using the platform (sellers, ordinary stakeholders, participants, bidders, buyers) of any liability towards them. The company must immediately inform any person who makes use of the platform of the existence of such an event and its impact on the provision of mediation and brokerage services on behalf of PROSPERTY and on the smooth operation of the platform. In the event that the force majeure event lasts beyond a reasonable period of time, the Company reserves the right to temporarily or permanently cancel the auctions, without obligation to compensate any person who makes use of the platform.
If any of the persons making use of the platform or, in general, contracting with the company in the context of the procedure, encounters a force majeure event, PROSPERTY shall not be liable for any delay or failure to fulfill its obligations as a result of this event.
In the event that any person using the platform, contracting with the company or PROSPERTY, invokes a force majeure event, is obliged to inform in writing (via email or other acceptable communication) all parties involved and contracted with it, within a predetermined time (e.g. within 5 days of knowledge of the event), determine the nature, duration and consequences of the event, and make every reasonable effort to remove the effects. The time limits set by the general and specific conditions and by the contracts concluded with the Company shall be suspended for the duration of the force majeure event, and the fulfilment of the obligations may be extended accordingly. If the force majeure event lasts for more than sixty (60) days, each party contracted with the company may have the right to terminate the contract (the general and special terms, or any contract concluded with the company or the Advance Payment Agreement between seller and buyer) without compensation to the other party, for obligations that could not be fulfilled due to the force majeure.
If any party involved, in accordance with the above, had already provided a service or had partially fulfilled an obligation before the event, a proportionate remuneration/compensation may be issued for the part performed.
9.1 PROSPERTY processes personal data as a controller in accordance with the applicable legal framework for the protection of personal data, indicatively the provisions of the General Data Protection Regulation EU 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons against the processing of personal data for the free movement of such data and the repeal of Directive 95/46 / EC (General Data Protection Regulation) (hereinafter referred to as “GDPR”) and in accordance with the provisions of any Greek and European legislation (Treaty, Constitution ,regulation, directive, law, etc.) regulating the protection of personal data or privacy and where the personal data fall.
9.2 the processing of personal data referred to above has as its sole purpose the general support of the process in accordance with its general and specific conditions. The processing is based in particular on Article 6 par. 1 item. B GDPR (taking pre-contractual measures and performance of a contract), as well as, where necessary, Article 6 par. 1 item. C (compliance with a legal obligation).
9.3 when submitting the application for expression of interest by the participants for their participation in the auction, the absolutely necessary personal data of the participants will be processed by PROSPERTY, according to the details of the form “information on the processing of personal data” of PROSPERTY which is constantly posted on its website, as well as by the seller, after their transmission by PROSPERTY, according to the details of the form “information on the processing of personal data” which is, respectively, posted on the website.
9.4 personal data may be transferred:
(i) to the seller, for the purposes of evaluating the offer and completing the transaction; (ii) to affiliated service providers acting as processors on behalf of PROSPERTY, such as, but not limited to, hosting providers, platform technical support, legal or accounting consultants; (iii) to credit institutions or payment service providers, if necessary; (iv) to public authorities;, judicial or supervisory authorities, at their request, if required by law.
Processors are contractually bound to respect confidentiality and implement appropriate technical and organizational security measures.
9.5 personal data are normally not transferred to third countries outside the European Economic Area (EEA). In the case of a transfer of data outside the EEA, the transfer shall take place in accordance with Article 44 et seq. GDPR, with the provision of appropriate guarantees each time.
9.6 the data are retained for as long as necessary to complete the process and/or as provided by the applicable legislation and then deleted or anonymized in a secure manner.
9.7 participants retain the rights granted to them by the GDPR and in particular the right to access, rectification, erasure, restriction of processing. The above rights the participants can exercise by sending an email to the e-mail address info\@offera.gr.
Finally, participants retain the right to lodge a complaint with the competent supervisory authority (DPA) – www\.dpa.gr.
ANNEX A’
CONTRACT OF REAL ESTATE ORDER & PROVISION OF MEDIATION SERVICES
In Athens, today the following contracting parties, namely on the one hand:
A. The Private Capital Company under the name “PROSPERTY single-person Private Capital Company” and the distinctive title “PROSPERTY SINGLE-MEMBER PRIVATE COMPANY (I.K.E.) “, which is based in Gerakas, Attica, on Kleisthenous street no. 223, with a.P.M. 801314885 of D.The.PC. Pallini and number C.E.MANUALLY. 154210004000, as legally represented for the signing of the present by Mr. Antonios Markopoulos (hereinafter “the company“) and the other:
B.The […] of [ … ], resident in […] street [ … ] no [ … ], holder of no. [ … ] ID card, with VAT ID number[…] of the competent Tax Office [ … ] (hereinafter referred to as ” the principal“),
After considering that:
1.”The company” has as its main activity, among others, the provision of promotion – mediation – brokerage services in the purchase and sale of all kinds of real estate located in Greece and abroad and, for this purpose, operates and manages an online platform for auctions and promotion of the sale of real estate (the ” auction “otherwise the” process”), providing electronic mediation services and brokerage,
2. The client has found through the mediation of the company, the following property that he is interested in buying and will participate in the online auction conducted through the website. (https://theprosperty.com) , having previously checked the property / process information and accepted the general and special terms posted on the HTTPS website\: / /theprosperty. com..
The property which is located in the area [..], total surface area [..] t.m., […] floor, platform code […] and which is hereinafter referred to for brevity as the” immovable“, and gives its consent to the company as it processes the data for the purpose of the performance of this contract.
Agreed, agreed and mutually and unconditionally accepted the following:
Article 1: Purpose-services provided-obligations of parties
1.1 “PROSPERTY SINGLE-MEMBER PRIVATE COMPANY”, with the distinctive title “PROSPERTY SINGLE-MEMBER P.C.” (hereinafter “PROSPERTY” or the “Company”), operates and manages an online platform for real-time auctions and the promotion of real estate sales (hereinafter the “Platform” or the “Website”). Through the Platform, the Company acts as a provider of hosting and intermediary services within the meaning of Articles 3–5 of Regulation (EU) 2022/2065 (DSA) and Greek Presidential Decree 131/2003. It provides services to property sellers and prospective buyers without becoming the seller, buyer or a party to the sale and purchase agreement, and without assuming liability for the contractual obligations of the contracting parties. PROSPERTY provides intermediary and real estate brokerage services within the meaning of Article 200 of Greek Law 4072/2012 and conducts online ascending-price auctions (the “Auction” or “Electronic Auction”) through the website https://theprosperty.com for the sale of properties owned by interested sellers (each a “Seller”), in accordance with the procedure set out herein (the “Procedure”).
1.2 These terms of use (the “General Terms”), together with the specific terms applicable to each Auction (the “Special Terms”), constitute a binding agreement between the Company and every person who uses the Platform as a prospective buyer or bidder. They govern the eligibility and participation of prospective buyers in Auctions conducted through the PROSPERTY Platform, provided they comply with the obligations set out herein (the “Participants”), the information made available to prospective buyers, and the conduct of each Auction in real time.
Article 2: will of the principal – duration of contract
The Will of the client to purchase the property, is valid from the signature of the present and until its termination, termination or revocation in accordance with Article 5 of the present. This brokerage and intermediation agreement is set for an indefinite period and expires upon payment of the agreed fee to the company, otherwise upon termination or revocation in accordance with Article 5 of this agreement.
Article 3: brokerage fee
3.1 the company’s fee for the services it provides to the principal amounts to 2% (two per cent) of the price that will result from the auction for the purchase and sale of the property and will be reflected in the final purchase contract, plus the corresponding VAT, with a minimum fee of two thousand euros (2,000€) plus the corresponding VAT for properties agreed price up to one hundred thousand euros (100.000€). This fee is considered as the company’s fee for the indication of the property and in general the company’s mediation in achieving the purchase and sale. This fee is reasonable and fair, the parties waive any right to contest it in the future and is paid even if the company only indicated the property.
3.2 for the participation of the principal in the auction, according to the instructions provided on the website the deposit , registration fee – special interest participation in the auction, as well as the deposit amount […] Euro […€] IE [..] One hundred [ … % ] on the starting price, as a guarantee and advance payment of the brokering fee (the “guarantee”).
The amount of the guarantee is part of the brokerage fee of the company for the services provided in the mediation and operation of the platform, in case of successful completion of the procedure, proclamation of the principal as bidder and buyer and signing of the final contract for the purchase and sale of the property, the amount of the guarantee is offset against the total brokerage fee due.
In case of non-signature of a final contract for the purchase and sale of property, the amount of the guarantee is returned to the principal in accordance with the general and Special Terms posted on the website [https://theprosperty.com](https://theprosperty.com).
3.3 in the event that the principal does not purchase the property, but decides to purchase another property the ownership or management of which is maintained by the same seller, the principal must pay to the company the above fee for the purchase of that other property as if indicated by the company, even if the other property was not indicated to the principal by the company. Company, as it is sufficient that the principal contacted the seller through the company, even if that contact concerned the property.
Article 4: double brokerage
The company has the right to provide real estate services to the owners-sellers of the property and the principal does not oppose this.
Article 5: termination of contract and withdrawal of mandate
The termination of this agreement is made only for an important reason, in writing by notification to the other party, while the effects of the termination occur three (3) months after its notification to the other party. The termination does not bring any results in the event that the client then proceeds to the purchase of the property, as in this case the Company reserves its full right to receive the fee agreed herein. The client expressly declares that he waives the right to withdraw the brokerage order provided by this agreement as well as the right to withdraw from it, provided that he has received information of the property and/or has visited a property. .
Article 6: essential conditions
All the terms of this agreement are considered essential and the violation of any term by the principal entitles the company to terminate the agreement and to seek compensation for any damage caused to it, as well as the payment of any expense incurred in the performance of this agreement.
Article 7: competent courts – applicable law
For any dispute arising from the enforcement of this, the courts of Athens are competent, while the applicable law is Greek.
For the company the principal
