GENERAL TERMS AND CONDITIONSTable of Contents: · Art. 1. Definitions
· Art. 2. Applicability
· Art. 3. Publication and conduct of auctions and notices
· Art. 4. Participation procedures and submission of bids
· Art. 5. Irrevocable purchase offer
· Art. 6. Obligations of the Principal
· Art. 7. Buyer's Premium
· Art. 8. Charges
· Art. 9. Security Deposit
· Art. 10. Payments
· Art. 11. Transfer of ownership
· Art. 12. Warranties
Art.1 Definitions: GOBID INTERNATIONAL AUCTION GROUP S.r.l.: Owner and manager of the online auction website http://www.gobidreal.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT - Tax Code 09441470961, authorized to sell at auction with License issued by the Milan Police Commissioner no. 13/2008 dated 9/04/2008.
gobidreal.it: Registered trademark owned by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
www.gobidreal.it: The website managed by GOBID INTERNATIONAL AUCTION GROUP S.r.l. for the sale of real estate on behalf of the Principal.
Principal: Responsible for the Procedure
Agent:GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Procedure:insolvency procedure declared by the Court or sales assignment given by private individuals
Auction: Competitive online sale of real estate published on
www.gobidreal.itNotice: Publication of a notice concerning the sale or collection of offers/expressions of interest on real estate published on
www.gobidreal.itLot: Asset or set of assets present, subject to Auction or Notice
Registered user: User registered at www.gobidreal.it
Auction registration: Authorization requested by the registered user to participate in the individual
AuctionBidder Number: Identifier of the Registered User
General Conditions: these terms and conditions
Specific Conditions: Specific terms and conditions of the Auction
Deposit: Amount to be paid for participation in the Auction.
Base Price: Starting price of individual lots
Reserve price: Minimum price the achievement of which authorizes the provisional award of the lot
Current price: Current price of the Lot, resulting from the bid(s) made by users
Static bid: amount entered by the user to increase the current price of the lot
Maximum bid: (proxy bid) Maximum amount the user intends to pay for the lot
Minimum increment: Pre-established amount added to the current price required to formalize the static bid.
Extra-time : Extension of the time available to place bids in the auction (see Extra-time section)
Provisional award: Communication addressed to the best bidder by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Award price: Award amount of the lot, net of any Buyer's Premium due and any additional tax and non-tax charges
Buyer's Premium: Compensation due to the agent calculated on the taxable amount of the award price
2. Applicability: These conditions apply to the use of the website www.gobidreal.it and, in particular, to the publication and conduct of auctions and notices, as well as to the terms and conditions of user participation.
2.1. Specific conditions For each auction or notice, where provided, the Specific Conditions will be published, which will indicate all specific information relating to the auction or notice itself and the lots
These conditions apply unless otherwise indicated by the Specific Conditions of each individual auction or notice
3. Publication and conduct of auctions and notices The auctions and notices will be published on the website www.gobidreal.it with indication of the dates and the lots present and, where provided, the general and specific terms and conditions.
GOBID INTERNATIONAL AUCTION GROUP S.r.l, in agreement with the Principal, reserves the right to cancel, extend or interrupt the auction or notices.
4. Participation procedures and submission of bids.4.1 Notice The user's participation in the notice mode will be governed by the specific conditions, where present.
4.2 Online auction4.2.1 Registration processTo participate in the sale, the user must register on the website
www.gobidreal.it, entering their personal data, request registration for the auction, accepting its terms and conditions.
The data entered by the subject during registration on the website and for auctions will be the same to which the award may be attributed and in whose name the property will be registered. All payments required, before and after the sale, must be made by the registered subjects. Any powers of attorney or delegations may be considered subject to authorization by the Principal.
The user must pay the required security deposit by bank transfer to the current account specified in the specific sale conditions and on the registration page.
Where indicated in the specific sale conditions, the deposit may be paid online by credit card.
The user is required to specify the auction number for which they intend to participate and simultaneously send a copy of the bank transfer receipt to the address
[email protected] The deposit must be credited strictly before the end of the auction, unless otherwise indicated in the specific sale conditions.
In addition to crediting the security deposit, to be enabled to participate in the auction, the user must provide the following documents by uploading them in the "My Documents" section or by sending them to
[email protected] - IF A NATURAL PERSON:
- Copy of a valid identity document of the person in whose name the property will be registered (it will not be possible to register the property in the name of a person other than the one who signs the registration, according to the procedure described in point 5.1)
- Copy of the tax code
- If the bidder is married under a legal community property regime, the corresponding data of the spouse must also be indicated, sending the relevant copy of the identity document (document not binding for enabling but required in case of award)
- IF A COMPANY OR ENTITY:
- Updated chamber of commerce report or C.C.I.A.A. certificate
- Copy of a valid identity document of the person who signed the offer on behalf of the company and, if it is a person other than the legal representative, copy of the deed showing the relevant powers
- Copy of the tax code of the person who signed the offer
- Any duly legalized translation of the chamber of commerce certificate, if the company is not Italian
- Special power of attorney received or authenticated by notary, in case of participation through a representative
Where provided for by specific conditions, additional documents will be required, which will be integrated with the aforementioned ones.
5. Irrevocable purchase offer 5.1 Procedure for finalizing offers at the auction base price
The combined effect of the crediting of the security deposit, the formalization of registration for the auction – with express acceptance of the general and specific conditions of sale, published online at www.gobidreal.it – and the sending by the user of all the required supporting documentation, as specified above in point 4.2.1, will be considered equivalent to an irrevocable purchase offer at the price set as the auction base price for each sale attempt and will constitute, in itself, a binding commitment to purchase by the user.
This offer will be formalized on the platform directly by the Mandatary by means of an online bid, on behalf of the first user who has completed the finalization procedure described above.
Where there are multiple participants who have formalized their irrevocable purchase offer, in accordance with the methods described above, and none of the bidders makes a bid on the Platform, the best bidder and therefore provisional successful bidder will be the one who, first, in chronological order:
- has carried out the aforementioned procedure.
The Mandatary will take care to inform all bidders in any manner as to whether or not they are the best bidders at the time of formalization of the aforementioned irrevocable purchase offer.
5.2 Submission of offers for increase of the base price. Formulation of bids The offer formalized for the first bidder may be exceeded by higher bids, made by any enabled user.
The user who wishes to be the best bidder (and therefore provisional successful bidder) must have made the highest offer at the end of the online auction.
Clearly, where there are multiple participants who make bids on the offer at the auction base price, even the user recognized as "first bidder" may compete for the award of the lots by making bids on the current price.
In order to be awarded the lot(s) on sale, users will be invited to increase the price indicated in the auction (and therefore to make at least one bid) in the following ways:
5.2.1 Static offer By "static offer" is meant a bid at the price published online, plus a predetermined minimum bid.
5.2.2 Maximum offer (Proxy Bid):
By "proxy bid" is meant an offer at the maximum amount. It corresponds to the maximum figure that the user is willing to offer for each lot. The value of the proxy bid is entered manually by each bidder.
Until the maximum offer made by the user is exceeded by a higher offer, that same user will be the best bidder and therefore provisional successful bidder.
The current price will automatically adjust based on the amount of the predetermined bids, until reaching the value set as "maximum offer".
The value of the maximum offer (proxy bid) made by a user will not be visible to other users.
5.3. Validity of offers In any case (static offer – maximum offer – free offer), offers will be considered valid only if submitted during the auction period.
5.3.1 Extra time If a winning offer is made in the 5 minutes preceding the closing of the auction, the time available to make another offer will be extended by a further 5 minutes from the last bid received. And so on, for each winning offer received within the 5 minutes of extra time, until the conclusion of the available time.
In the event of extra time, 5 minutes must pass without any additional offer being recorded from the last bid received, before the auction can be definitively concluded.
Automatic bids in the case of a maximum offer (proxy bid) will also be considered winning offers.
5.4. Award of lots At the end of each auction solution, following an investigative phase, the best bidders will be sent a confirmation of provisional award pursuant to art. 107 of the Bankruptcy Law, against which they will be required to make payments by the deadline established in the specific conditions of sale.
The provisional award will be attributed to the competitor who has submitted the highest offer for each lot, or, in the absence of further bids, to the bidder who has been recognized as the first, in chronological order, to have completed the finalization procedure of the irrevocable purchase offer described in point 5.1.
In the event of award, the sale price must be paid in full by bank transfer made out to the procedure within the terms established in the specific conditions, failing which the deposit will be forfeited and definitively lost.
The deed of sale will be stipulated by notarial deed in accordance with the methods established by the Principal (described in point 11, Transfer of ownership)
The offers submitted are binding and constitute a formal purchase commitment. If the successful bidder does not pay the consideration within the terms established in the specific conditions of sale, or if the award should lapse, the sale will be automatically resolved and the deposit will be retained, in accordance with the methods established in the "Security Deposit" section. In such case, the award will be attributed successively, in favor of the next best bidder, who has completed the procedure described in point 5.1 or made a bid, on the basis of what is illustrated in point 5.2.
5.5 Other provisions Where required by law, the Principal, as manager of the sale procedure, may exercise the power provided by art. 107 fourth paragraph of the Bankruptcy Law, and suspend the sale in the event of receipt of an improved irrevocable purchase offer for an amount not less than ten percent of the offered price
In any case, GOBID INTERNATIONAL AUCTION GROUP S.r.l. reserves the right to suspend the auction or the award of lots in agreement with the Principal.
6. Obligations of the PrincipalPursuant to art. 107 of the Bankruptcy Law, the Principal undertakes to give notice by notification to each of the mortgage creditors or those otherwise having a lien at least 20 days before the date set for the conclusion of each sale attempt, and to inform the Delegated Judge and the Creditors' Committee of the outcome of each sale attempt, filing the relevant documentation with the Court Clerk.
The Principal declares that any registrations relating to pre-emption rights, registrations of foreclosures and conservatory seizures and any other encumbrance on the real estate put up for sale will be cancelled pursuant to art. 108 of the Bankruptcy Law once the sale has been executed and the price fully collected. Unless otherwise provided in the specific conditions of sale, all formalities for cancellation will be carried out at the expense of the successful bidder.
7. Buyer's Premium
The fee due to the Mandatary will be exclusively borne by the buyer and indicated with the words Buyer's Premium. It will be calculated on the award amount of the asset, in accordance with the methods indicated in the specific conditions of sale.
8. Charges The notarial charges, legal taxes and all expenses relating to the sale, fiscal and otherwise, will be borne by the buyer. Communication regarding the exact amount of the charges and their correct specification must be made by the Principal as soon as possible.
The Principal must provide accordingly, taking into account the tax regime of the transaction and any facilities that the purchaser intends to use. The Principal will therefore be required to verify whether the transaction is subject to VAT or registration tax and to specify, if applicable, whether it intends to use the reverse charge.
At the end of the sale, the Agent will finally ask the successful bidder whether it intends to use the first-home benefit or other tax benefit and inform the Principal accordingly, so that it can calculate the exact amount the purchaser will be required to pay in taxes.
The successful bidder must pay the expenses within the deadlines indicated in the specific sale conditions.
9. Security deposit Participation in the auction is conditional on payment of a mandatory security deposit defined in the specific sale conditions.
Before being enabled to participate in the auction, participants must pay the amount set out above by bank transfer or, where provided for in the specific conditions, by credit card through the platform. Payments must be made as set out in the specific sale conditions.
The deposit must be credited no later than the auction deadline.
For payment by bank transfer, it is recommended to make a BIR-type transfer (high-value payment transfer)
If auction participants do not win any asset, the deposit will be returned within 20 business days of the award, without interest.
In the event of award of one or more lots, the security deposit will be returned after the purchaser has completed the transfer of ownership of the real estate purchased at auction by notarial deed, subject to authorization provided by the Principal. In such case, the security deposit may be retained both to cover any charges attributable to the Procedure, at the Principal's discretion, and to cover any other services provided by the Agent.
If the security deposit is paid by credit card, the deposit will be collected on the Agent's current account, which will return the amount so retained as described above.
If the purchaser is awarded at least one lot at auction, the Agent may, in agreement with the Principal, deduct the deposit from the total amount owed by the purchaser.
If, in the event of award, after paying the deposit, the bidder does not complete the purchase within the deadlines set out in the specific sale conditions, as regards both the award price and the Buyer’s Premium and any additional charges, the sale will be automatically terminated and the deposit will be retained as liquidated damages.
10. Payments The provisional successful bidder of one or more lots must comply with the specific auction conditions, which will specify the deadlines for payment of both the awarded lots and the Buyer’s Premium due as well as additional charges, and the related compensation clauses in the event of failure to comply with the said conditions.
All payments must be made in full exclusively by bank transfer, unless otherwise provided in the specific conditions. The details will be specified upon the user's receipt of the provisional award confirmation.
If payment of the amounts due is not completed within the established deadlines, in agreement with the Principal, the sale will be automatically terminated and the security deposit will be retained as liquidated damages, with consequent forfeiture of the award.
11. Transfer of ownership Ownership will be transferred only after full payment of the award price and expenses, as provided in the specific sale conditions, by notarial deed in the manner established by the Principal, unless otherwise indicated in the specific sale conditions.
In the case of judicial sales, the Principal will finally arrange to notify the Delegated Judge so that the latter in turn arranges for cancellation of adverse registrations on the properties being transferred pursuant to Art. 108 of the Bankruptcy Law, as indicated in Art. 6.
After the deadlines provided for payments in the specific sale conditions have elapsed, in the event of failure to complete the transfer of ownership, the sale will be automatically terminated and the amount paid by the successful bidder as Buyer’s Premium will be retained by the Agent as liquidated damages. The amount paid by the successful bidder as security deposit will, however, be retained in accordance with the rules set out in the Security Deposit section.
12. Warranties GOBID INTERNATIONAL AUCTION GROUP S.r.l. is not responsible for the failure or partial correspondence of the descriptions of the lots present in the auction or in advertisements published on the platform.
For all matters not provided for in these general conditions or in the specific conditions, the provisions contained in the Terms of Use of the website
www.gobidreal.it shall apply.
The registered user is aware of possible objective and subjective issues arising from the use of an online auction or online advertisement conducted via the internet for which GOBID INTERNATIONAL AUCTION GROUP S.r.l. cannot be held liable.
GOBID INTERNATIONAL AUCTION GROUP S.r.l. is not liable for direct and/or indirect damage or liability except in cases of willful misconduct or gross negligence by the same. Under no circumstances shall GOBID INTERNATIONAL AUCTION GROUP S.r.l. be liable for: direct actions of the user that may cause damage or malfunction to the system, unavailability of display and/or use of www.gobidreal.it, unlawful use of www.gobidreal.it, any event subsequent to the conclusion of the auction.
For all matters not expressly provided for in these general and specific conditions, reference is made to the rules of the Italian Code of Civil Procedure and the Bankruptcy Law.
The sale of real estate is deemed forced (Art. 2919 Italian Civil Code). It is ordered for goods seen and liked in the factual and legal state in which they are found. In forced sale, no warranty for defects in the thing applies. It cannot be challenged on account of damage. (Art. 2922 Italian Civil Code).
Any liability on the part of the Agent regarding the existence of third-party rights over the goods subject to the sale is excluded (Art. 2920 Italian Civil Code).
The sale of real estate occurs in the factual and legal state in which they are found, with all appurtenances, additions, rights and actions, active and passive easements. The sale is by lump sum and not by measure, and without any warranty for defects or other lack.
ABUSES, VIOLATIONS, ENCUMBRANCES, COMPLIANCE WITH CURRENT REGULATIONS
For further information regarding any abuses, violations, encumbrances or non-compliance with current regulations of the lots for sale, reference is made to the attached appraisal.
The lots are sold seen and liked in the state in which they are found.
Viewing the lots at auction is strongly recommended; GOBID INTERNATIONAL AUCTION GROUP S.r.l. or the Principal decline all liability for any errors, omissions and inaccuracies in the photos, descriptions and any other details indicated in the auction or in the advertisements; for this reason, viewing the lots is strongly recommended in order to verify the actual condition of the goods at auction. No warranty is given by GOBID INTERNATIONAL AUCTION GROUP S.r.l. or the Principal
By accepting these conditions, the purchaser holds GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal harmless from any warranty or third-party claim.
In the event of any disputes relating to the interpretation of the provisions contained in the general and specific conditions set out on the platform, possibly translated into other languages, the Italian version of the text shall prevail.
Where not specified, the times indicated in the specific conditions and on the platform refer to the time zone indicated in the server time published on the site
