GENERAL TERMS AND CONDITIONSTable of Contents: · Art. 1. Definitions
· Art. 2. Applicability
· Art. 3. Publication and conduct of auctions and notices
· Art. 4. Methods of participation 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 of 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 sale assignment conferred 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 of Auction or Notice
Registered user: User registered on www.gobidreal.it
Auction registration: Authorization requested by the registered user to participate in the individual
AuctionBidder Number: Identifier of the registered User
General Terms: these terms and conditions
Specific Terms: 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 whose achievement 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 highest 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 participation of users.
2.1. Specific conditions For each auction or notice, where provided, the Specific Conditions will be published, indicating all specific information relating to the auction or notice itself and to the lots
These conditions apply save for different indications provided by the Specific Conditions of each individual auction or notice
3. Publication and conduct of auctions and notices Auctions and notices will be published on the website www.gobidreal.it indicating the dates of conduct 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. Methods of Participation 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 site and for auctions will be the same as those to which the award will eventually be attributed and to which the property will be registered. All required payments, 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 account specified in the specific sale conditions and on the registration page.
Where indicated in the specific sale conditions, payment of the deposit may be made online by credit card.
The user is required to specify the auction number for which they intend to participate and simultaneously send an accounting copy of the bank transfer made to the address
[email protected] The deposit must be strictly credited before the auction deadline, unless otherwise indicated in the specific sale conditions.
In addition to crediting the security deposit, the user, in order to be enabled to participate in the auction, must provide the following documents by uploading them in the "My Documents" section or by sending them to the address
[email protected] - IF A NATURAL PERSON:
- Copy of a valid identity document of the subject to whom the property will be registered (it will not be possible to register the property to a subject 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 of property regime, the corresponding data of the spouse must also be indicated, with submission of the relevant copy of the identity document (document not binding for enabling purposes but required in case of award)
- IF A COMPANY or ENTITY:
- Updated company registration report or C.C.I.A.A. certificate
- Copy of a valid identity document of the subject who signed the bid on behalf of the company and, if it is a subject other than the legal representative, copy of the act from which the relevant powers result
- Copy of the tax code of the subject who signed the bid
- Any duly legalized translation of the company certificate, if the company is not Italian
- Special power of attorney received or authenticated by notary, in the case of participation through a representative
Where provided for by specific conditions, additional documents will be required, which will supplement those mentioned above.
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 itself constitute a binding purchase commitment by the user.
This offer will be formalized on the platform directly by the Agent by means of an online bid, on behalf of the first user who has completed the finalization procedure described above.
Where there are several participants who have formalized their irrevocable purchase offer, in accordance with the procedures described above, and none of the bidders makes a higher 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 Agent will take care to inform all bidders, by any means, whether or not they are the best bidders at the time of formalization of the aforementioned irrevocable purchase offer.
5.2 Submission of offers to increase the base price. Formulation of higher bids The offer formalized by the first bidder may be exceeded by higher bids, placed by any enabled user.
The user who wishes to be the best bidder (and therefore provisional successful bidder) must have placed the highest offer at the end of the online auction.
Clearly, where there are several participants who make higher bids on the offer at the auction base price, the user recognized as the "first bidder" may also compete for the award of the lots by making higher 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 higher bid) according to the following methods:
5.2.1 Static offer By "static offer" is meant a bid at the price published online, plus a predetermined minimum higher bid.
5.2.2 Maximum offer (Proxy Bid):
By "proxy bid" is meant an offer for a maximum amount. It corresponds to the maximum amount 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 placed 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 higher bids, until reaching the value set as the "maximum offer".
The value of the maximum offer (proxy bid) placed 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 placed in the 5 minutes preceding the auction closing, the time available to place another offer will be extended by a further 5 minutes from the last bid received. And so on indefinitely, for each offerwinning offer received within the 5 minutes of extra time, until the conclusion of the applicable time.
In the event of extra time, 5 minutes must pass without any additional offer being recorded from the last received bid, before the auction can be deemed definitively closed.
Automatic bids in the case of a maximum bid (proxy bid) shall also be considered winning offers.
5.4. Award of lots At the end of each auction solution, following an investigative phase, the best bidders shall be sent a confirmation of provisional award pursuant to Art. 107 of the Bankruptcy Law, against which they shall be required to make payments by the deadline set out in the specific sale conditions.
The provisional award shall be granted to the bidder who has submitted the highest offer for each lot, or, if there are no further bids, to the bidder who is recognized as the first, in chronological order, to have completed the procedure for finalizing 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 in the name of the procedure within the deadlines set out in the specific conditions, failing which the deposit shall be forfeited and definitively lost.
The deed of sale shall be executed 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 deadlines set out in the specific sale conditions, or if the award should lapse, the sale shall be automatically terminated and the deposit shall be retained, in accordance with the methods set out in the section "Security Deposit". In such case, the award shall be assigned successively, in favor of the next highest bidder, who shall have completed the procedure described in point 5.1 or placed a further bid, on the basis of what is illustrated in point 5.2.
5.5 Other provisions Where required by law, the Principal, as the party responsible for the sale procedure, may avail itself of the power provided for 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 the 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 otherwise holders of a privilege at least 20 days before the date set for the conclusion of each sale attempt, as well as to inform the Delegated Judge and the Creditors' Committee of the outcome of each sale attempt, filing the relevant documentation with the Clerk's Office.
The Principal declares that any registrations relating to pre-emption rights, registrations of attachments and conservatory seizures and any other encumbrance affecting the real estate included in the sale shall be cancelled pursuant to Art. 108 of the Bankruptcy Law once the sale has been executed and the price fully collected. Save for different provisions in the specific sale conditions, any formality for cancellation shall be carried out at the care and expense of the successful bidder.
7. Buyer's Premium
The compensation due to the Agent shall be borne exclusively by the buyer and indicated with the wording Buyer's Premium. It shall be calculated on the award amount of the asset, according to the methods indicated in the specific sale conditions.
8. Charges The notarial charges, statutory taxes and all sale-related expenses, whether fiscal or not, shall be borne by the buyer. Communication regarding the exact amount of the charges and their correct specification shall be made by the Principal as soon as possible.
The Principal shall make provision in this regard, taking into account theTax treatment of the transaction and any reliefs that the buyer intends to use. The Principal shall therefore be required to verify whether the transaction is subject to VAT or registration tax and to specify, if the conditions are met, whether it intends to use the reverse charge.
At the end of the sale, the Agent shall finally ask the successful bidder whether it intends to take advantage of the first-home benefit or another tax benefit and inform the Principal accordingly, so that the Principal may calculate the exact amount that the buyer will be required to pay in terms of taxes.
The successful bidder shall pay the costs no later than the deadlines indicated in the specific conditions of sale.
9. Security deposit Participation in the auction is subject to payment of a mandatory security deposit as defined in the specific conditions of sale.
Before being authorized to participate in the auction, participants shall pay the amount set out above by bank transfer or, where provided for in the specific conditions, by credit card through the platform. Payments shall be made as set out in the specific conditions of sale.
The deposit must be credited strictly before the auction deadline.
For payment by bank transfer, it is recommended to make a BIR-type transfer (significant amount bank transfer)
If auction participants do not win any asset, the deposit will be returned within 20 business days from the award, without interest.
In the event of award of one or more lots, the security deposit will be returned after the buyer has completed the transfer of ownership of the real estate purchased at auction by notarial deed, subject to authorization provided by the Principal. In this 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 into the Agent's current account, which will return the amount so retained in the manner described above.
If the buyer wins at least one lot at auction, the Agent may, in agreement with the Principal, deduct the deposit from the total amount owed by the buyer.
If, in the event of an award, after paying the deposit, the bidder does not complete the purchase within the deadlines set out in the specific conditions of sale, whether as the hammer price or the Buyer's Premium and any additional charges, the sale shall be automatically terminated and the deposit shall be retained as a compensatory penalty.
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 any additional charges, and the relevant compensation clauses in the event of non-compliance with the aforesaid 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 shall be automatically terminated and the security deposit shall be retained as a compensatory penalty, with consequent forfeiture of the award.
11 . Transfer of ownership The transfer of ownership shall take place only after full payment of the hammer price and costs, as provided in the specific conditions of sale, by notarial deed in the manner established by the Principal, unless otherwise indicated in the specific conditions of sale.
In the event of sales judicial, the Principal shall, finally, undertake to notify the Delegated Judge so that he in turn shall arrange for the cancellation of the prejudicial registrations on the properties subject to transfer pursuant to art. 108 l.f., as indicated in art. 6.
After the deadlines provided for payments set out in the specific conditions of sale have expired, in the event of failure to complete the transfer of ownership, the sale shall be automatically terminated and the amount paid by the successful bidder as Buyer's Premium shall be retained by the Agent as a compensatory penalty. The amount paid by the successful bidder as a security deposit shall, 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 lack or partial correspondence of the descriptions of the lots present in the auction or in the announcements 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 announcement conducted via the internet for which GOBID INTERNATIONAL AUCTION GROUP S.r.l. cannot be held responsible.
GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall not be liable for direct and/or indirect damage or liability except in cases of willful misconduct or gross negligence on its part. 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 after the conclusion of the auction.
For all matters not expressly provided for in these conditions, general and specific, reference is made to the provisions of the Code of Civil Procedure and the Bankruptcy Law.
The sale of real estate is intended as forced (Art. 2919 c.c.). It is arranged for goods seen and liked in the state of fact and law in which they are found. In a forced sale, the warranty for defects of the thing does not apply. It cannot be challenged on grounds of damages. (Art. 2922 c.c.).
Any liability on the part of the Agent regarding the existence of third-party rights on the goods subject to sale is excluded (Art. 2920 c.c.).
The sale of real estate takes place in the state of fact and law in which they are found, with all appurtenances, accessions, 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 lack of compliance with current regulations of the lots for sale, please refer to the attached appraisal.
The lots are sold seen and liked in the condition in which they are found.
Viewing of the lots in auction is strongly recommended. GOBID INTERNATIONAL AUCTION GROUP S.r.l. or the Principal decline any responsibility for any errors, omissions and inaccuracies in the photos, descriptions and any other detail indicated in the auction or in the announcements, for this reason viewing of the lots is strongly recommended in order to verify the actual condition of the goods in auction. No warranty is given by GOBID INTERNATIONAL AUCTION GROUP S.r.l. or by the Principal
The buyer, by accepting these conditions, indemnifies GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal from any warranty or third-party claim.
In the event of any disputes arising regarding 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
