GENERAL TERMS AND CONDITIONS
 
Table of Contents:
Art. 1. Definitions
Art. 2. Applicability
      2.2. Specific conditions
Art. 3 Publication of Auctions
Art. 4. Development of Auctions
Art. 5. Participation in Auctions
Art. 6. Submission of bids
Art. 7. Award of lots
Art. 8. Payment
Art. 9. Guarantees 
 
 
1. Definitions
· GOBID ESPAÑA SL: Manager of the online auction website http://www.gobid.es, with registered office in Málaga, Calle Esperanto no. 4, 29007, CIF: B72551898, authorized with a Sales Mandate for real estate and movable assets
· Gobid.es: Trade name under which GOBID ESPAÑA SL operates · www.gobid.es: The website managed by GOBID ESPAÑA SL for the sale of assets.
· Auction: online sale of assets published on the website www.gobid.es
· Lot: Asset or group of assets subject to auction.
· Registered user: User registered on www.gobid.es
· Auction registration: Prior authorization required for the 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: Specific Terms and Conditions of each auction.
· Deposit: Amount required prior to participation in the auction, when expressly required.
· Base price: Starting price of 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 made in increments of a predetermined amount.
· EXTRA-TIME: Time available after the auction deadline for submitting new bids.
· Award: Declaration by GOBID ESPAÑA SL that a lot is sold to the highest bidder.
· Sale price: Award amount of the lot at the time the auction is concluded.
· Buyer’s Premium: Percentage amount calculated on the sale price declared in the award of the auction.

2. Applicability.
These conditions apply generally to any use of the website www.gobid.es and in particular to the publication and development of the Auction, as well as to the terms and conditions of users participating in them.

2.1. Specific conditions.
The specific conditions of each auction shall prevail over these general conditions.

3. Publication of Auctions.
The Auctions will be published on the website www.gobid.es indicating the development dates and the catalog of lots.
 
4. Development of Auctions.
Each Auction will be published on the website www.gobid.es according to the terms and conditions indicated in the General and Specific Conditions. GOBID ESPAÑA SL reserves the right to cancel, extend or interrupt the Auction at its own discretion.
The registered user expressly consents to and accepts all objective and subjective problems and conflicts that may arise from the use of an online Auction, and declares to hold GOBID ESPAÑA SL harmless from any liability for any loss or damage caused as a result thereof.
 
Any liability of GOBID ESPAÑA SL for damages or losses caused to the registered user directly and/or indirectly is excluded, limiting such liability only to cases of willful misconduct or gross negligence.
GOBID ESPAÑA SL shall in no way be liable for the user's own actions that cause damage, malfunction, incorrect display and/or improper use of the website www.gobid.es, whether prior to, simultaneous with 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.es shall apply.

5. Participation in Auctions.
The user registered on the website www.gobid.es will be required to register for each Auction by accepting 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 upon receipt of the deposit. 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 asset will receive their deposit within 20 business days following the conclusion of the Auction and without interest.
Users who participate in the auction and are awarded one or more lots will receive their deposit once they have collected the purchased assets, settled any costs for complementary services and completed the acquisition of the assets purchased at auction through the processing of the bureaucratic procedures provided for in the sale and always with prior authorization from the Principal. In these cases, the deposit may be deducted from the costs that may be generated as complementary services, as well as other expenses at the discretion of the Principal.
 
If the purchaser has paid the deposit by debit/credit card, GOBID ESPAÑA SL will proceed with the refund by bank transfer once the collection of the assets has been carried out and the acquisition has been completed as expressed in the previous paragraph.
 
The deposit will be retained in the event of non-compliance with the general payment terms of the awarded lots.

6. Submission of bids.
Bids aimed at acquiring the lots published on the platform may be made by registered users authorized to participate in the Auction and will be collected within each lot page on www.gobid.es.
Bids will always be binding to the verification of the indicated prices and the increment conditions.
 
GOBID ESPAÑA SL reserves the possibility of cancelling any offer in the event that inconsistencies are found between the General Conditions and its Specific Conditions.
 
Offers may be of two types, static or dynamic (proxy bid):
A simple static offer is considered a fixed-price offer.
The maximum dynamic offer (proxy bid) is considered a dynamic-price offer per lot, not visible to other users.
At the moment a registered user enters a static offer, it may be exceeded by an offer from other users. In this case, the user will be obliged to enter another static offer in order to be awarded the lot.
If the registered user enters a maximum offer (proxy bid), it will be held valid until it is exceeded by an offer from other users that is higher than the established maximum offer. Increments will be automatic and will be based on the indicated minimum values, with a view to exceeding the other offers submitted up to reaching the maximum amount entered.
Bids will be accepted until the end date and time indicated for the specific Auction. If bids are registered in the last 5 minutes, the deadline for placing bids will be extended by a period established in the Specific Conditions of each Auction.
 
6.1 Auction without a minimum price
 
In the case of auctions without a minimum price, the user may offer an amount equal to the indicated amount or increase it by the recommended minimum increment using the corresponding sliders, or may type the amount they wish to offer.
 
Offers made will be considered irrevocable.
At the moment a user submits an offer, it may be exceeded by an offer from other users. In this case, the user will have to submit a new static offer in order to become the best bidder and compete for the award of the lot.
 
7. Award of the lots.
At the end of each auction, the provisional award phase of the lots will begin. This phase will have a maximum duration of 48 business hours, unless otherwise established in the Specific Conditions. In this phase, a provisional award confirmation will be sent to the best bidder. GOBID ESPAÑA SL reserves the right to interrupt or cancel the auction or the award of the lots before the end of the auction at its unquestionable discretion.
 
The award is conditional upon receipt of the deposit (if provided for).
If the provisional winning bidder fails to comply with the obligations expressed under the established terms, the award will be made in favour of the bidder who made the next best offer, and so on.
Bids made are binding and constitute a formal commitment to purchase.
 
 
8. Payment.
The registered user awarded one or more lots is obliged to comply with the Specific Conditions of the Auction, where the terms of payment, collection and indemnity clauses in the event of non-compliance will be specified. If payment of the amounts due is not completed within the established terms, the sale shall be automatically deemed concluded. The user will lose the deposit (if provided for), which will be retained as compensation with the consequent forfeiture of the award, in agreement with the Principal. The existence of any damage detected after collection of the awarded lots shall be entirely borne by the buyer.
 

9. Warranties
Any liability of GOBID ESPAÑA SL relating to the existence of total or partial error in the descriptions of the lots offered for sale is excluded. For each Auction, its own Specific Conditions will be published, detailing its specific information and that of its lots. In addition, in all matters not provided for in the general conditions, the provisions contained in the conditions of use of the website www.gobid.es will apply.

In all matters not expressly provided for in the general and specific conditions, the provisions set out in the procedure will apply and, in matters not regulated by it, those established in the Insolvency Law and the Civil Procedure Law, which will apply only supplementarily.
The lots will be sold in the condition in which they are found.

Visiting the lots offered for sale is expressly recommended in order to verify their actual condition and status. GOBID ESPAÑA SL and the bodies involved in the process are released from liability for any errors, omissions and inaccuracies in the photos, descriptions and other details set out in the catalogue of the lots offered for sale. For this reason, GOBID ESPAÑA SL will make available to interested parties various means so that they can carry out these visits to the auctioned assets.
GOBID ESPAÑA SL and the bodies involved in the procedure do not recognise any type of post-sale warranty in favour of purchasers, expressly denying any right of this nature.
The purchaser, by accepting these conditions, exempts GOBID ESPAÑA SL and the bodies involved in the procedure from any liability for warranty rights or third-party rights over the assets subject to the sale.

GOBID ESPAÑA SL is not liable for damages or losses caused directly and/or indirectly, limiting such liability solely to cases in which there is wilful misconduct or gross negligence on their part.
GOBID ESPAÑA SL is in no way liable for the user's own actions that cause damage, malfunction, incorrect display and/or improper use of the website www.gobid.es
Any liability of GOBID ESPAÑA SL for malfunction of the system that may harm or delay the delivery of communications to the registering user is excluded.
The competitive procedure may be suspended and/or postponed at the discretion of GOBID ESPAÑA SL in agreement with the Principal, whether for technical reasons of connection to the system that may depend on server or network malfunction, or at its own judgment for different reasons.
The registrations present in the log file generated by the system constitute full and exclusive evidence among all parties to this procedure, in relation to the content and timing of the documents/messages exchanged by email. The subjects who register declare and acknowledge that the system registrations constitute full evidence of the relations between the parties. Such registrations are confidential and will not be disclosed to third parties, except in cases expressly provided for or under order of the Judicial Authority.
In all matters not provided for in the general conditions, the provisions contained in the conditions of use of the website www.gobid.es will apply. 
 
In the event of misunderstandings arising from the interpretation of the provisions contained in the general and specific conditions expressed on the platform translated into other languages, the Spanish version of the text shall be authoritative as to their intention.