33599: Ortigueiran (A Coruña) dagoen landa-lursaila - A Coruñako 2. Merkataritza Epaitegia

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. 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 property
·          Gobid.es: Trade mark under which GOBID ESPAÑA SL operates
·          www.gobid.es: The website managed by GOBID ESPAÑA SL for the sale of goods.
·          Auction: online sale of goods published on the website www.gobid.es
·          Lot: Property or set of property subject to auction.
·          Registered user: User registered on www.gobid.es
·          Auction registration: Prior authorization required for the registered user to be able 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 for each auction.
·          Deposit: Amount required prior to participation in the auction, when expressly required.
·          Starting price: Opening 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 using 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 deemed closed.
·          Buyer’s Premium: Percentage amount calculated on the sale price declared in the award of the auction.
·          Days: when it is not specified whether they are calendar or business days, they shall be understood as calendar days.


2. Applicability.
These conditions apply generally to any use of the website www.gobid.es and in particular to the publication and conduct 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 conduct dates and the catalogue of lots.
 
4. Conduct of Auctions. 
Each Auction will be published on the website www.gobid.es according to 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 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 Auction conducted online, and states that GOBID ESPAÑA SL is released from all 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 wilful 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 before, during or after the auction process.
In 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 must 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 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 property will receive their deposit within the following 20 business days from 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 property, settled any costs for complementary services and completed the acquisition of the property purchased at auction through the processing of the administrative procedures provided for in the sale and always with prior authorization from the Principal. In these cases, the deposit may be deducted from costs that may arise as complementary services, as well as other expenses at the Principal's discretion.
 
If the purchaser has paid the deposit by debit/credit card, GOBID ESPAÑA SL will refund it by bank transfer once the property has been collected and the acquisition has been completed as set out in the previous paragraph.
 
The deposit will be retained in the event of non-compliance with the general payment terms for 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 eachLot sheet present on www.gobid.es.
Bids will always be subject to verification of the indicated prices and to the increment conditions.
 
GOBID ESPAÑA SL reserves the right to cancel any bid if inconsistencies are found between the General Terms and its Specific Terms.
 
Bids may be of two types, static or dynamic (proxy bid):
A simple static bid is considered a fixed-price bid.
A maximum dynamic bid (proxy bid) is considered a dynamic-price bid per lot, not visible to other users.
When a registered user places a static bid, it may be outbid by another user's bid. In this case, the user will be required to place another static bid in order to win the lot.
If the registered user places a maximum bid (proxy bid), it will be held valid until it is outbid by a bid from other users higher than the established maximum bid. Increments will be automatic and will be based on the indicated minimum values, with a view to exceeding the 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 last 5 minutes, the bidding period will be extended by a period set out in the Specific Terms of each Auction.
 
6.1 Auction without minimum price
In the case of auctions without a minimum price, the user may bid an amount equal to the indicated amount or increase it by the recommended minimum increment using the relevant sliders, or may enter the amount they wish to bid.
 
Bids placed will be considered irrevocable.
When a user submits a bid, it may be outbid by another user's bid. In this case, the user will have to submit a new static bid in order to be the highest bidder and compete for the award of the lot.
 
7. Award of the lots.
At the end of each auction, the provisional award phase for the lots will begin. In this phase, if the bid is confirmed, a provisional award confirmation will be sent to the highest 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 subject to receipt of the deposit (if provided for).
If the provisional winner fails to comply with the obligations set out in the established terms, the award may be made in favor of the bidder who made the next highest bid, and so on, as set out in the specific terms of the auction.
Bids placed 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 Terms of the Auction, which will specify the terms of payment, collection and indemnity clauses in case of non-compliance. If payment of the amounts due is not completed within the established terms, the sale will 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. Any damage detected after collection of the awarded lots will be entirely the buyer's responsibility.
 

9. Warranties
Any liability of GOBID ESPAÑA SL regarding the existence of total or partial error in the descriptions of the lots offered for sale is excluded. For each Auction, its own Specific Terms will be published detailing the specific information about the auction and its lots. Furthermore, in all matters not provided for in the general terms, the provisions contained in the terms of use of the website www.gobid.es will apply.

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

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

GOBID ESPAÑA SL is not liable for damages caused directly and/or indirectly, limiting such liability only to cases where there is willful misconduct or gross negligence on its 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 system malfunction 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 discretion for various reasons.
The records 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 parties who register declare and acknowledge that the system records constitute full evidence of the relationships between the parties. Such records are confidential and will not be disclosed to third parties, except in cases expressly provided for or under an order of the Judicial Authority.
In all matters not provided for in the general terms, the provisions contained in the terms of use of the website www.gobid.es will apply. 
 
In the case of misunderstandings arising from the interpretation of the provisions contained in the general and specific terms expressed on the platform translated into other languages, the Spanish version of the text will be authoritative as to their intention.
Gobid.it

Gobid.it marka erregistratua da: GOBID INTERNATIONAL AUCTION GROUP SRL

Egoitza Legala: Via P.O.Vigliani, 19 - 20148 Milano (MI)

Egoitza Operatiboa: Via Merloni, 17/U - 62024 Matelica (MC)

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