32098: Követelésbehajtási jogok – Sevilla 1. számú Kereskedelmi Bírósága

GENERAL TERMS AND CONDITIONS
 
Table of Contents:
Art. 1. Definitions
Art. 2. Applicability
      2.2. Specific Conditions
Art. 3 Publication of Auctions
Art. 4. Conduct of Auctions
Art. 5. Participation in Auctions
Art. 6. Submission of Bids
Art. 7. Awarding of Lots
Art. 8. Payment
Art. 9. Warranties 
 
 
1. Definitions
·          GOBID ESPAÑA SL: Operator of the online auction website http://www.gobid.es, with registered office in Málaga, Calle Esperanto n. 4, 29007, Tax ID: B72551898, authorized under a Sales Mandate for real estate and movable property
·          Gobid.es: Trade name under which GOBID ESPAÑA SL operates ·          www.gobid.es: The website operated by GOBID ESPAÑA SL for the sale of goods.
·          Auction: online sale of goods published on the website www.gobid.es
·          Lot: An item or group of items offered for auction.
·          Registered User: User registered with www.gobid.es
·          Auction Registration: Prior authorization required for a registered user to participate in the auction.
·          Bidder Number: Identification of the registered user. 
·          General Conditions: These Terms and Conditions, which generally govern all auctions.
·          Specific Conditions: Terms and Conditions specific to each auction.
·          Deposit: Amount required before participating in the auction, where expressly required.
·          Starting Price: Starting price of the individual lots.
·          Reserve Price: Minimum price below which the lot cannot be sold
·          Current Price: Current price of the lot
·          Simple Bid: amount entered by the user to increase the current price of the lot.
·          Maximum Bid: (proxy bid)maximum amount the user is willing to pay for the lot.
·          Minimum Increment: bids must be increased in increments by a pre-established amount.
·          EXTRA-TIME: Period available after the Auction deadline for submitting new bids.
·          Award: Declaration by GOBID ESPAÑA SL that a lot has been sold to the highest bidder.
·          Sale Price: Amount of the award of the lot when the auction is declared closed.
·          Buyer’s Premium: Percentage amount calculated on the sale price stated in the auction award.

2. Applicability.
These conditions apply generally to any use of the website www.gobid.esand, in particular, to the publication and conduct of the Auction, as well as to the terms and conditions applicable to users participating in it.

2.1. Specific Conditions.
The specific conditions of each auction shall take precedence over these general conditions.

3. Publication of Auctions.
Auctions will be published on the website www.gobid.esindicating the dates on which they will take place and the catalogue of lots.
 
4. Conduct of Auctions. 
Each Auction will be published on the website www.gobid.esin accordance with the terms and conditions set out in the General and Specific Conditions. GOBID ESPAÑA SL reserves the right to cancel, extend or interrupt the Auction at its sole discretion.
The registered user expressly consents to and accepts all problems and conflicts, both objective and subjective, that may arise from the use of an online Auction, and agrees to hold GOBID ESPAÑA SL harmless from any loss or damage caused as a result.
 
GOBID ESPAÑA SL shall not be liable for any direct and/or indirect loss or damage caused to the registered user, such liability being limited solely to cases of willful misconduct or gross negligence.
GOBID ESPAÑA SL shall in no way be responsible for any actions by the user that cause damage, malfunction, incorrect display and/or improper use of the website www.gobid.es, whether before, during or after the auction process.
For all matters not provided for in the general conditions, the provisions contained in the terms of use of the website www.gobid.esshall apply. 

5. Participation in Auctions.
A user registered on the website www.gobid.esmust register for each Auction and accept the General Conditions and the Specific Conditions in order to participate.
If a deposit is required to participate in the Auction, the registered user will not be authorized to participate without prior authorization from GOBID ESPAÑA SL. Authorization will be granted by GOBID ESPAÑA SL only once the deposit has been received. The payment methods for the deposit will be indicated in the Specific Conditions of the Auction.
Users who have participated in the procedure but have not been awarded any goods will receive their deposit within 20 business days following the conclusion of the Auction, without interest.
Users who participate in the auction and are awarded one or more lots will receive their deposit once they have collected the goods purchased, settled any charges for supplementary services, and completed the acquisition of the goods purchased at auction by completing the administrative procedures required for the sale, always subject to prior authorization by the Principal. In such cases, the deposit may be deducted from charges that may arise for supplementary services, as well as from other expenses at the Principal's discretion.
 
If the buyer paid the deposit by debit/credit card, GOBID ESPAÑA SL will refund it by bank transfer once the goods have been collected and the acquisition has been completed as described in the preceding paragraph.
 
The deposit will be retained in the event of failure to comply with the general payment terms for the awarded lots.

6. Submission of Bids.
Bids to acquire lots published on the platform may be submitted by registered users authorized to participate in the Auction, andwill be collected in each lot listing available at www.gobid.es.
Bids will always be subject to verification of the indicated prices and the increment conditions.
 
GOBID ESPAÑA SL reserves the right to cancel any bid if inconsistencies are found between the General Terms and Conditions and the Specific Terms and Conditions of the auction.
 
Bids may be of two types: static or dynamic (proxy bid):
A simple static bid is considered a bid at a fixed price.
A maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the lot and is not visible to other users.
When a registered user places a static bid, it may be outbid by another user. In this case, the user must place another static bid in order to be awarded the lot.
If the registered user places a maximum bid (proxy bid), it will remain valid until it is outbid by another user placing a bid higher than the maximum bid set. Increments will be automatic and based on the indicated minimum values, with the aim of outbidding other bids submitted, up to the maximum amount entered.
Bids will be accepted until the end date and time indicated for the specific Auction. If bids are placed in the final 5 minutes, the bidding period will be extended by the period specified in the Specific Terms and Conditions of each Auction.
 
6.1 Auction without a reserve price
 
In auctions without a reserve price, the user may bid an amount equal to the indicated amount or increase it by the recommended minimum increment using the corresponding controls, or may enter the amount they wish to bid.
 
Bids placed will be considered irrevocable.
When a user places a bid, it may be outbid by another user. In this case, the user must submit a new static bid to become the highest bidder and be eligible to be awarded the lot.
 
7. Awarding of lots.
At the end of each auction, the provisional award phase for the lots will begin. This phase will last a maximum of 48 business hours, unless otherwise specified in the Specific Terms and Conditions. During this phase, confirmation of the provisional award will be sent to the highest bidder. GOBID ESPAÑA SL reserves the right to interrupt or cancel the auction or the award of lots before the auction ends, at its sole discretion.
 
The award is subject to receipt of the deposit (if required).
If the provisional successful bidder fails to fulfil the obligations within the specified time limits, the lot will be awarded to the bidder who submitted the next highest bid, and so on.
Bids placed are binding and constitute a formal commitment to purchase.
 
 
8. Payment.
A registered user who is awarded one or more lots must comply with the Specific Terms and Conditions of the Auction, which specify the terms of payment and collection and the compensation clauses applicable in the event of non-compliance. If the amounts due are not paid in full within the specified time limits, the sale will be automatically deemed concluded. The user will forfeit the deposit (if required), which will be retained as compensation, and the award will consequently be revoked, in agreement with the Principal. Any damage discovered after collection of the awarded lots will be entirely at the buyer's expense.
 

9. Warranties
GOBID ESPAÑA SL shall not be liable for any total or partial errors in the descriptions of the lots offered for sale. Specific Terms and Conditions will be published for each Auction, detailing the relevant information about the auction and its lots. Furthermore, in all matters not covered by the General Terms and Conditions, the provisions contained in the terms of use of the website www.gobid.es shall apply.

In all matters not expressly provided for in the General and Specific Terms and Conditions, the provisions set out in the proceedings shall apply; for matters not regulated therein, the provisions of the Insolvency Act and the Civil Procedure Act shall apply on a subsidiary basis only.
Lots will be sold in their current condition.

Prospective buyers are expressly advised to inspect the lots for sale in order to verify their actual condition. GOBID ESPAÑA SL and the bodies involved in the proceedings accept no liability for any errors, omissions or inaccuracies in the photographs, descriptions or other details provided in the catalogue of lots for sale. For this reason, GOBID ESPAÑA SL will make various arrangements available to interested parties so that they can inspect the assets offered at auction.
GOBID ESPAÑA SL and the bodies involved in the proceedings provide purchasers with no post-sale warranty of any kind, expressly disclaiming any such right.
By accepting these terms and conditions, the purchaser releases GOBID ESPAÑA SL and the bodies involved in the proceedings from any liability relating to warranty rights or third-party rights over the assets being sold.

GOBID ESPAÑA SL shall not be liable for any direct and/or indirect damage or loss, and its liability shall be limited solely to cases of wilful misconduct or gross negligence on its part.
GOBID ESPAÑA SL shall in no way be liable for any actions by the user that cause damage, malfunction, incorrect display and/or improper use of the website www.gobid.es
GOBID ESPAÑA SL shall not be liable for any system malfunction that may adversely affect or delay the delivery of communications to a registered user.
The competitive bidding procedure may be suspended and/or postponed at the discretion of GOBID ESPAÑA SL, in agreement with the Principal, either for technical reasons relating to the system connection, which may be due to a server or network malfunction, or at its own discretion for other reasons.
The system log records constitute full and exclusive evidence between all parties to these proceedings regarding the content and timing of documents/messages exchanged by email. Registered users declare and acknowledge that the system records constitute full evidence of the relations between the parties. Such records are confidential and will not be disclosed to third parties, except in cases expressly provided for or pursuant to an order of the Judicial Authority.
In all matters not covered by the General Terms and Conditions, the provisions contained in the terms of use of the website www.gobid.es shall apply. 
 
In the event of any ambiguity arising from the interpretation of the provisions contained in the General and Specific Terms and Conditions displayed on the platform in other languages, the Spanish version of the text shall prevail.

Gobid.it

Gobid.it egy védjegy, amelyet a következő cég jegyezett be: GOBID INTERNATIONAL AUCTION GROUP SRL

Székhely: Via P.O.Vigliani, 19 - 20148 Milánó (MI)

Operatív központ: Via Merloni, 17/U - 62024 Matelica (MC)

tel: 0039.02.86882269 - fax: 0039.0737.786198 - email: [email protected]