4698: Boulangerie Complète - Faillite 1061/2013 - Tribunal de Milan - Collecte d'Offres

General Terms

In case of insurgency of any controversy related to the interpretation of the dispositions included in the general and specific terms present in the website  translated in different languages, it will be applied the Italian language version of such texts.

GENERAL TERMS AND CONDITIONS

 
Table of contents
 

Art. 1 Definitions
Art. 2.Applicability
            2.2. Specific Terms
Art. 3 Publication of Gathering of Purchase Offers
Art. 4 Execution of Gathering of Purchase Offers
Art. 5 Participation in Gathering of Purchase Offers
Art. 6.Offers presentation
Art. 7. Lots awarding process
Art. 8. Payment and Collection
Art. 9. Guarantees
 
 
Art.1 Definitions:
 
GOBID INTERNATIONAL AUCTION GROUP SRL:company having headquarters in Milan, Via P.O. Vigliani , 19, VAT N. 09441470961 , authorized to auction sale by license released on  9/04/2008 by Questore di Milano n.13/2008.
 
Gobid.it:registered trademark by GOBID INTERNATIONAL AUCTION GROUP SRL
 
www.gobid.it:website managed by GOBID INTERNATIONAL AUCTION GROUP SRL  for commission sale goods
 
GATHERING: gathering of purchase offers related to envelopes opening which will take place on the day indicated in specific terms
 
LOT: One or more goods available for sale,  included in the AUCTION
 
REGISTERED USER:User registered to www.gobid.it
 
GATHERING REGISTRATION: User authorization request for participation in a single GATHERING
 
BIDDER NUMBER: Registered User’s Identification number
 
GENERAL TERMS: the present terms and conditions
 
SPECIFIC TERMS: Specific terms and conditions of a single auction
 
DEPOSIT:  Amount to be paid in order to participate in an auction, where indicated.
 
IRREVOCABLE PURCHASE OFFER: Amount to be indicated in the participation form
 
BUYER’S PREMIUM: Percentage calculated on the taxable selling price indicated in the AWARDING statement  

  
2. Applicability:
 

The present terms have to be applied to www.gobid.ituse, specifically, to the auction publication and execution and  to terms and conditions of users’ participation.
 
2.2. Specific terms
 
The present terms are always applicable apart from different instructions provided in the Specific Terms of every single AUCTION
 
3 Gathering publication:
 
Gatherings will be published on www.gobid.it. With gathering publication, lots catalogues and timing will be also provided.
 
4. Gathering execution:

As mentioned, every gathering will be published on www.gobid.it. Terms and conditions will be indicated in SPECIFIC TERMS. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel, extend or interrupt the gathering according to its sole discretion.
 
Registered user is aware of possible problems, both objective and subjective, deriving from participation in on-line digital platform. With regard to these problems, GOBID INTERNATIONAL AUCTION GROUP SRL cannot be considered responsible.
 
GOBID INTERNATIONAL AUCTION GROUP SRL does not answer to any direct or indirect damages or responsibilities apart from fraud or gross negligence. In any case GOBID INTERNATIONAL AUCTION GROUP SRL does not answer to: user's direct actions which may cause damages, wrong system operation, website use and/or display unavailability, website abuse or any event which may happen after the sale deadline.
Moreover, concerning issues not provided in the present general terms, the user has to adopt specifications stated in  www.gobid.it  “Conditions of Use” .
 
5. Gathering participation:
 
In order to participate the user is obliged to register to any single Gathering, agreeing with both General and Specific terms and condition.
In case a deposit may be required, registered user will be allowed to participate only under GOBID INTERNATIONAL AUCTION GROUP SRL authorization. Such permission will be provided by GOBID INTERNATIONAL AUCTION GROUP SRL only after reception of deposit payment. Where applicable, payment procedures and modes will be indicated in the Specific Terms.

In case users who participated will not award any lot, the deposit will be refunded within 20 working days from the auction deadline, with no interests applied.

In case of awarding of one or more lots , the deposit will be refunded after the buyer will complete the collection of the purchased lots, will pay possible additional service costs,  or will finalise the purchase of the lots bought in auction, with the completion of bureaucratic practices, prior to Principal authorization. In such case the deposit can be blocked in order to cover possible expenses deriving from occupation of room ascribable to the Bankruptcy Receiver/Seller or other expenses, at Principal discretion.

Deposit will not be refunded in case of lack of compliance with general terms of payment of awarded lots.

 
6. Offer presentation:
 
Registered users authorized to participate are allowed to submit offers according to modes indicated in the specific terms.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the possibility to cancel a bid.
 
Bids will be valid only if submitted during the specified gathering timing.


7. Lots awarding process.
 
Lots awarding will be a result of an experiment of competitive sales to be carried out, in a possible later stage, on www.gobid.it platform, according to the methods described in the specific conditions.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to suspend the gathering or the lots awarding process before the gathering ending time, both at its sole discretion and also in case of a fair and confirmed bid or external offer submission.
Awarding is bound to actual reception of deposit.
The principal, as responsible for the sale procedure, may decide to adopt the faculty of art. 107 clause 4 L.f. (Bankrtupcy Law) and suspend the sale in case of reception of an irrevocable ameliorative purchase offer for an amount not lower than ten per cent of the price offered.
  
8. Payment and collection
 
Be finalized as a result of possible experiment of competitive sales, and successive at collection of irrevocable bids, to be held on www.gobid.it platform. 

The user who awarded one or more lots must follow the auction Specific Terms and conditions, where specific modes about payment and collection will be indicated, as well as related clauses concerning refunds in case of failure to comply with the mentioned condition.In case the payment of amounts due will not be credited within payment terms agreed, the sale will be canceled and the deposit will not be refunded, with subsequent awarding loss, in accordace with seller/and or bankruptcy receiver. Damages deriving from collection will be on buyer's expense.
 
Collection operations must be conducted with full compliance to safety norms as by law, under the responsibility of the buyer/awarding user, which will have to proceed as such, as well as in case of any third subject and or/ collaborator employed in the above mentioned activities.
 
The agent declines any responsibility in this regard since mere executor of an assignment aimed to the competitive sale of the Procedure goods.

In case of export by non EU customers, within the respect of Italian Law, the Procedure Bodies may require the payment of the amount corresponding to VAT to be paid on awarded lots in order to avoid fees concerning the lack of VAT payment. Such payment will be held until the actual export of the good will take place and will be returned upon presentation of related documents.
 
 
9. Guarantees

 
GOBID INTERNATIONAL AUCTION GROUP SRL  is not responsible for any matching lack between the lots description present in the auction and the lots as they lie. All detailed information related to single auctions and lots will be indicated in the Specific Terms section published in every auction.  
Moreover, concerning issues not provided in the present general terms, the user has to adopt specifications stated in   www.gobid.it  “Condition of Use” .
For everything not indicated in the present general and specific terms , please refer to c.p.c and Legge Fallimentare norms
All lots are sold as is.
GOBID INTERNATIONAL AUCTION GROUP SRL  and/or the seller decline any responsibility conerning faults in pictures, descritpions, quantities and any other details indicated in the catalogues. No warrany is given by GOBID INTERNATIONAL AUCTION GROUP SRL  or by the Seller therefore Lots viewing is strongly reccomended in order to compare the actual condition of the lots with the above mentioned details.

 
The buyer, by accepting the present conditions exempts GOBID INTERNATIONAL AUCTION GROUP SRL  and/or the seller from any responsibility and from any guarantee or third party’s pretention.


GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for direct and/or indirect liability unless they are guilty of fraud or serious misconduct.
 
GOBID INTERNATIONAL AUCTION GROUP SRL do not respond to: direct actions of the user that may cause damage or malfunction to the system, unavailability of visualisation and/or use of www.gobid.it, illicit use of www.gobid.com,
GOBID INTERNATIONAL AUCTION GROUP SRL shall under no circumstances be held liable for any malfunctions in the system that in any way may affect or delay the delivery of communications to subject being registered.
 
The competitive procedure, at the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL in accordance with the Seller/Principal, may be suspended and/or postponed either due to technical problems linked to the system, depending on server or network malfunctions, or its unquestionable judgment for different reasons.
 
In any case,  GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for failure to participate in proceedings by person who is registered or for inability to continue participation for person who is registered for reasons independent from servant and from infrastructures of GOBID INTERNATIONAL AUCTION GROUP SRL, nor for any malfunction or defect in connectivity services required to reach the system through public telecommunications network.
 
They constitute a full and exclusive proof of all parts of this procedure, with regard to content and time of electronic documents/messages, recordings on log file generated by system. Registered subjects declare and acknowledge that system logs produce fully proof of relationships between them. Such registrations shall be confidential and shall not be disclosed to third parties, except as expressly provided or by Judicial Authority.
 
Anything not provided in this announcement will be subject to terms of use of website www.gobid.it.

In case of insurgency of  any controversy related to the interpretation of the dispositions included in the general and specific terms present in the website  translated in different languages, it will be applied the Italian language version of such texts

Where not indicated, the time present in the specific terms and on the platform, referes to the time zone indicated in the server time published on the website.
Gobid.it

Gobid.it est une marque déposée par: GOBID INTERNATIONAL AUCTION GROUP SRL

Siège social: Via P.O.Vigliani, 19 - 20148 Milan (MI)

Siège opérationnel: Via Merloni, 17/U - 62024 Matelica (MC)

tel: 0039.02.86882269 - fax: 0039.0737.786198 - email: info@gobid.it