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 the Auction
- Art. 5 Participation in the auction
- Art. 6. Submission of Bids
- Art 6.1 Free bid
- Art. 7 Awarding of lots
- Art. 8 Payment and collection
- Art. 9. Warranties
Art.1 Definitions:
- GOBID INTERNATIONAL AUCTION GROUP SRL: Owner and operator of the online auction website http://www.gobid.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT No. - Tax Code 09441470961, authorised to conduct auctions under Licence no. 13/2008 issued by the Police Commissioner of Milan on 9/04/2008.
- Gobid.it: Trademark registered as the property of GOBID INTERNATIONAL AUCTION GROUP SRL
- www.gobid.it: The website operated by GOBID INTERNATIONAL AUCTION GROUP SRL for the sale of goods on commission
- Auction: Online sale of goods published on www.gobid.it
- Lot: An item or group of items available for sale in an Auction
- Registered User: User registered on www.gobid.it
- Auction registration: Authorisation requested by the registered user to participate in a specific Auction
- Bidder Number: Identifier of the Registered User
- General Conditions: these terms and conditions
- Specific Conditions: Terms and conditions specific to the Auction
- Deposit: Amount to be paid to participate in the Auction, where indicated.
- Starting Price: Starting price of individual lots
- Reserve Price: Minimum price which, when reached, authorises the sale of the lot
- Current Price: Current price of the Lot
- Single 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 Bid Increment: Predetermined amount to be added to the current price in order to place a bid.
- EXTRA-TIME: Extension of the auction duration for the submission of additional bids.
- Award: Declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a lot is sold to the highest bidder.
- Sale price: Amount of the Award of the lot at the time the auction is deemed concluded
- Buyer's Premium: Percentage amount calculated on the taxable amount of the sale price declared at the time of the Award
2. Applicability:
These terms apply to the use of the website www.gobid.it and, in particular, to the publication and conduct of the Auction, as well as to the terms and conditions governing user participation.
2.2. Specific Terms and Conditions
These terms apply unless otherwise specified in the Specific Terms and Conditions of each individual AUCTION.
3 Publication of auctions
Auctions will be published on the website www.gobid.it, with the dates on which they will take place and the catalogue of lots indicated.
4. Conduct of the Auction
Each individual auction will be published on www.gobid.it with terms and conditions more fully specified in the Specific Terms and Conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel, extend or interrupt the auction at its sole discretion.
The registered user is aware of the possible issues, both objective and subjective, arising from the use of an online auction conducted over the internet, for which GOBID INTERNATIONAL AUCTION GROUP SRL cannot be held liable.
GOBID INTERNATIONAL AUCTION GROUP SRL shall not be liable for any direct and/or indirect damage or liability, except in cases of wilful misconduct or gross negligence on its part. Under no circumstances shall GOBID INTERNATIONAL AUCTION GROUP SRL be liable for: actions taken directly by the user that may cause damage to or malfunction of the system, unavailability of access to and/or use of www.gobid.it, unlawful use of www.gobid.it, or any event occurring after the conclusion of the auction.
Furthermore, for all matters not covered by these general terms and conditions, the provisions contained in the Terms of Use of the website www.gobid.it shall apply.
5 Participation in the auction
To participate, the registered user must register for each individual AUCTION and expressly accept its General Terms and Conditions and Specific Terms and Conditions.
The data entered by the user during registration on the website will be the same data to which the award may be attributed.
All required payments must be made by the parties registered for the individual auctions. Any powers of attorney or authorisations may be considered subject to the Principal's authorisation.
If a deposit is required to participate in the auction, the registered user will not be permitted to participate unless authorized by GOBID INTERNATIONAL AUCTION GROUP SRL . Authorization will be granted by GOBID INTERNATIONAL AUCTION GROUP SRL only once the deposit has been received. The methods for paying the deposit, where applicable, will be indicated in the auction's Specific Conditions.
If auction participants do not win any items, the security deposit will be refunded within 20 business days of the auction's closing date, without interest.
If one or more lots are won, the security deposit will be refunded after the buyer has collected the items purchased at auction, settled any payments due for additional services, or completed the purchase of the items purchased at auction, including the completion of the administrative procedures required for the sale, subject to authorization from the Principal. In such cases, the security deposit may be withheld to cover any charges for the occupation of spaces and areas relating to the Proceedings or other expenses, at the Principal's discretion.
If the security deposit is paid by credit card and the user wins one or more lots, the deposit will be charged to the account of GOBID INTERNATIONAL AUCTION GROUP SRL , which will refund the amount withheld only after the user has collected the items or completed the purchase of the items purchased at auction, including the completion of the administrative procedures required for the sale
The security deposit will be withheld if the general payment deadlines for the lots won are not met.
6. Submission of Bids
Bids to purchase lots may be submitted by the registered user, who may be authorized to participate, on each individual lot page on www.gobid.it.
Bids will always be subject to verification that they comply with the stated prices and bidding increment requirements. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if any discrepancies with the General Terms and Conditions or Specific Conditions are identified.
Bids may be submitted in one of two formats: static or dynamic (proxy bid):
A static bid is considered a fixed-price bid.
A maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the lot and is not visible to other users.
When a registered user submits a static bid, it may be outbid by another user. The user must then submit another static bid to win the lot.
If a registered user submits a maximum bid (proxy bid), it will remain valid until another user places a bid that exceeds the maximum bid. Bids will be placed automatically based on the stated minimum increments, with the aim of outbidding other bids submitted, up to the amount entered.
Bids will be considered valid only if submitted during the auction period. If bids are received in the 5 minutes before the auction ends, the time available to submit further bids will be extended by the period specified in the Specific Conditions for each auction.
6.1. Open Bidding
In an auction with open bidding, the user may offer the amount shown or increase it by the recommended minimum increment using the appropriate controls, or enter the amount they wish to offer directly.
Confirmed bids will be considered irrevocable.
When a registered user submits a bid, it may be outbid by another user. The user must then submit another static bid to become the highest bidder and compete to win the lot.
7. Awarding of Lots
At the end of the auction, the review phase for the provisional award of the lots will begin and will last a maximum of 48 business hours, unless otherwise specified in the Specific Conditions. At the end of the review phase, the highest bidder will be notified of the provisional award.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to suspend the auction or the award of lots, even before the auction ends, at its sole discretion or if a reasonable and confirmed bid is submitted.
The award is subject to receipt of the security deposit
If the successful bidder fails to pay the sale price within the prescribed time limits, the award will be made in favour of the next highest bidder.
Bids placed are binding and constitute a formal commitment to purchase. If the award to the highest bidder is revoked, it will be assigned successively to the next highest bidder.
8. Payment and collection
A registered user who is the successful bidder for one or more lots must comply with the specific auction terms, which will specify the payment and collection deadlines and the relevant compensation clauses in the event of failure to comply with those terms.
If payment of the amounts due is not completed within the prescribed time limits, the sale will be automatically terminated and the security deposit will be retained as liquidated damages, with the consequent revocation of the award,in agreement with the instructing party. Any damage discovered after collection of the awarded lots will be borne entirely by the buyer.
Collection operations must be carried out in compliance with the safety regulations laid down by law, under the responsibility of the buyer/successful bidder, who must ensure such compliance, including with regard to any third parties and/or collaborators involved in these operations.
The Agent accepts no liability in this regard, as it merely carries out an assignment aimed at the competitive sale of the assets relating to the Proceedings.
In the case of export to customers outside the European Union, in compliance with Italian law, the bodies responsible for the Proceedings may require payment of the VAT due on the awarded lots in order to avoid penalties for failure to pay VAT.
The amount will be withheld until the goods have been exported and refunded upon presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for any discrepancies or partial discrepancies in the descriptions of the lots offered at auction. The specific terms for each auction will be published and will provide detailed information about the auction and the lots.
Furthermore, for all matters not covered by these general terms and conditions, the provisions of the Terms of Use of the website www.gobid.it shall apply.
For all matters not expressly provided for in these general and specific terms and conditions, reference is made to the provisions of the Code of Civil Procedure and the Code of Business Crisis and Insolvency.
Lots are sold as seen and accepted in their current condition.
Viewing the lots offered at auction is strongly recommended. GOBID INTERNATIONAL AUCTION GROUP SRL or the seller accepts no liability for any errors, omissions or inaccuracies in the photographs, descriptions, quantities or any other details provided in the lot catalogues; for this reason, viewing the lots is strongly recommended in order to verify the actual condition of the goods offered at auction.
No warranty is given by GOBID INTERNATIONAL AUCTION GROUP SRL or the seller.
By accepting these terms and conditions, the buyer releases GOBID INTERNATIONAL AUCTION GROUP SRL and the seller from any warranty or third-party claim.
GOBID INTERNATIONAL AUCTION GROUP SRL shall not be liable for direct and/or indirect damages, except in cases of wilful misconduct or gross negligence on its part.
Under no circumstances shall GOBID INTERNATIONAL AUCTION GROUP SRL be liable for: actions taken directly by the user that may cause damage to or malfunction of the system; unavailability of access to and/or use of www.gobid.it; or unlawful use of www.gobid.it.
GOBID INTERNATIONAL AUCTION GROUP SRL shall in no event be held liable for any system malfunctions that may in any way prevent or delay the delivery of communications to the registered user.
At the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL, in agreement with the Principal, the competitive procedure may be suspended and/or postponed due to technical connection problems caused by malfunctions of the server or network, or for other reasons at its sole discretion.
The records contained in the log file generated by the system shall constitute full and exclusive evidence between all parties to this procedure, with regard to the content and timing of documents/messages exchanged electronically. Registered users declare and acknowledge that the system records constitute full evidence of the relationship between them. Such records are confidential and will not be disclosed to third parties, except in cases expressly provided for or by order of the Judicial Authority.
For all matters not covered by these terms and conditions, the provisions contained in the terms of use of the website www.gobid.it shall apply.
In the event of any disputes concerning the interpretation of the provisions contained in the general and specific terms and conditions published on the platform, which may have been translated into other languages, the Italian version of the text shall prevail.
Unless otherwise specified, the times indicated in the specific terms and conditions and on the platform refer to the time zone indicated by the server time published on the website
