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. Award of lots
Art. 8. Payment
Art. 9. Guarantees 
 
 
1. Definitions
·          GOBID ESPAÑA SL: Operator of the online auction website http://www.gobid.es, with registered office in Málaga, Calle Esperanto no. 4, 29007, CIF: B72551898, authorized under a sales mandate for real estate and movable goods
·          Gobid.es: Trade name 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 page www.gobid.es
·          Lot: Good or set of goods subject to auction.
·          Registered user: User registered at www.gobid.es
·          Registration for the auction: 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.
·          Starting 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 by 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 page 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.
Auctions shall be published on the website www.gobid.es indicating the conduct dates and the catalogue of lots.
 
4. Conduct of Auctions.
Each Auction shall 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 consents to and expressly 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, such liability being limited solely to cases involving 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 prior to, simultaneously with 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 page www.gobid.es shall be required to register for each Auction 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 after the deposit has been received. The methods of payment of the deposit shall 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 and without interest.
Users who participate in the auction and are awarded one or more lots will receive their deposit once they have removed the acquired goods, settled any costs for complementary services and completed the acquisition of the goods acquired at auction through the completion of the administrative practices 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 from other costs at the Principal's discretion.
 
If the purchaser has paid the deposit by debit/credit card, GOBID ESPAÑA SL will proceed with the refund by bank transfer once the goods have been removed and the acquisition has been completed as set out in the previous paragraph.
 
The deposit shall be retained in the event of non-compliance with the general terms of payment for the awarded lots.

6. Submission of bids.
Bids aimed at acquiring the lots published on the platform may be made by registered users and users authorized to the participation in the Auction and will be collected within each lot record present on www.gobid.es.
Bids will always be linked to verification of the indicated prices and to the increment conditions.
 
GOBID ESPAÑA SL reserves the right to cancel any bid in the event that inconsistencies are found between the General Conditions and the Specific Conditions thereof.
 
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 for the lot, not visible to other users.
When a registered user enters a static bid, it may be exceeded by a bid from other users. In this case, the user will be required to enter another static bid in order to be awarded the lot.
If the registered user enters a maximum bid (proxy bid), it will be held valid until it is exceeded by a bid from other users that is 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 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.
 
Bids placed will be considered irrevocable.
When a user submits a bid, it may be exceeded by a bid from other users. In this case, the user will have to submit a new static bid in order to become the highest bidder and compete for 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 awardee fails to comply with the obligations set forth in the established terms, the award may be made in favor of the bidder who placed the next best bid, and so on, as established in the specific conditions 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 Conditions of the Auction, where the terms of payment, collection and compensation clauses in the event of non-compliance therewith will be specified. 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 consequent forfeiture of the award, in agreement with the Principal. The existence of any damage detected after collection of the awarded lots will 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 the specific information about it and its lots. In addition, in all matters not provided for in the general conditions, 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 conditions, the provisions set forth in the procedure will apply, and in matters not regulated thereby, the provisions of the Insolvency Act and the Civil Procedure Act will apply, which will only apply 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 state. GOBID ESPAÑA SL and the bodies of the proceeding are released from liability for any errors, omissions and inaccuracies in the photos, descriptions and other details expressed in the catalog of the lots offered for sale. For this reason, GOBID ESPAÑA SL will make various means available to interested parties so that they can carry out these visits to the auctioned assets.
GOBID ESPAÑA SL and the bodies of the proceeding 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 conditions, exempts GOBID ESPAÑA SL and the bodies of the proceeding 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 harm 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 delivery of communications to the user who registers 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 malfunction of the server or network, or at its own discretion for different reasons.
The records 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 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 order of the Judicial Authority.
In all matters not provided for in the general conditions, the provisions contained in the terms 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.