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: Manager of the online auction website http://www.gobid.es, based in Malaga, Calle Esperanto no. 4, 29007, CIF: B72551898, authorized with a sales mandate for real estate and movable property
·          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: Property or set of properties subject to auction.
·          Registered user: User registered at 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 for each auction.
·          Deposit: Amount required prior to participation in the auction, when expressly required.
·          Starting price: Opening price of the 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: improvements must be made in increments by a preset amount.
·          EXTRA-TIME: Time available from 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 auction award.

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 it.

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

3. Publication of Auctions.
Auctions will be published on the website www.gobid.es indicating the conduct dates and the catalog of lots.
 
4. Conduct of Auctions. 
Each Auction will be published on the website www.gobid.es under 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 problems and conflicts, whether objective or subjective, that may arise from the use of an online Auction, and states that GOBID ESPAÑA SL is exempt 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 solely 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, simultaneously 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 must register for each Auction by accepting the General Conditions and 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 20 business days following the conclusion of the Auction, without interest.
Users who participate in the auction and are awarded one or more lots will receive their deposit once they have collected the acquired property, paid any costs for complementary services and completed the acquisition of the property acquired at auction through the processing of the bureaucratic formalities 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 be generated as complementary services, as well as 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 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 breach of the general payment terms for 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 record 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 right to cancel any bid in the event of inconsistencies between the General Conditions and its Specific Conditions.
 
Bids may be of two types, static or dynamic (proxy bid):
A simple static bid is considered a fixed-price bid.
The 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 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 until reaching the maximum amount entered.
Bids will be accepted until the date and time of completion 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 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 enter 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 best bidder and participate in the award of the lot.
 
7. Award of lots.
At the end of each auction, the provisional award phase of the lots will begin. This phase will last a maximum of 48 business hours, unless otherwise established in the Specific Conditions. In this phase, a confirmation of provisional award will be sent to the highest bidder. GOBID ESPAÑA SL reserves the right to interrupt or cancel the auction or the award of lots before the end of the auction at its unquestionable discretion.
 
The award is subject to receipt of the deposit (if provided).
If the provisional awardee fails to comply with the obligations expressed in the established terms, the award will be made in favor of the bidder who placed the next best bid, and so on.
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 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 will be automatically deemed concluded. The user will lose the deposit (if provided), 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 will be entirely at the buyer's expense.
 

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 and, for matters not regulated therein, 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 state in which they are found.

Expressly recommended is a visit to the lots for sale in order to verify their actual state and conditions. 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 expressed in the catalog of the lots 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 goods at auction.
GOBID ESPAÑA SL and the bodies involved in the procedure 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, releases GOBID ESPAÑA SL and the bodies involved in the procedure 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 solely to cases in which there is willful 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 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 time of the documents/messages exchanged by email. The persons who register declare and acknowledge that the system records constitute full evidence of the relations 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 will be authoritative as to their intention.