GENERAL TERMS AND CONDITIONS
Table of Contents:
- Art. 1 Definitions
- Art. 2. Applicability:
- 2.2. Special 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 Open bidding
- 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, authorized to sell by auction under License No. 13/2008 issued by the Milan Police Commissioner on 9/04/2008.
- Gobid.it: Proprietary trademark registered by 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 listed on www.gobid.it
- Lot: An item or group of items available for sale in an Auction
- Registered User: A user registered on www.gobid.it
- Auction Registration: Authorization requested by the registered user to participate in a specific Auction
- Bidder Number: Identifier of the Registered User
- General Conditions: these terms and conditions
- Special Conditions: Terms and conditions specific to the Auction
- Deposit: Amount to be paid to participate in the Auction, where applicable.
- Starting Price: Starting price of each individual lot
- Reserve Price: Minimum price which, when reached, authorizes 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 is willing to pay for the lot
- Minimum Bid Increment: Predetermined amount that must be added to the current price in order to place a bid.
- EXTRA-TIME: Extension of the auction duration to allow further bids.
- Award: Declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a lot is sold to the highest bidder.
- Sale price: The amount of the Award for 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 upon 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
These terms apply unless otherwise specified in the Specific Terms for 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 the terms and conditions specified in the Specific Terms. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel, extend or interrupt the auction at its sole discretion.
The registered user acknowledges the potential objective and subjective issues 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, inability to view and/or use www.gobid.it, unlawful use of www.gobid.it, or any event occurring after the auction has concluded.
Furthermore, any matters not covered by these general terms and conditions shall be governed by the provisions contained in the website Terms of Use at www.gobid.it.
5. Participation in the auction
To participate, the registered user must register for each individual AUCTION and expressly accept its General Terms and Specific Terms.
The details entered by the user when registering on the website will be those to which the award may be assigned.
All payments required 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 prior approval.
If a deposit is required to participate in the auction, the registered user will not be authorized to participate until authorization has been granted by GOBID INTERNATIONAL AUCTION GROUP SRL . Authorization will be granted by GOBID INTERNATIONAL AUCTION GROUP SRL only once the deposit has been received. Where applicable, the methods for paying the deposit will be indicated in the Specific Auction Conditions.
If auction participants do not win any assets, 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 assets purchased at auction, settled any payments for additional services, or completed the purchase of the assets acquired at auction, including completion of the administrative formalities required for the sale, subject to authorization from the Principal. In such cases, the security deposit may be retained to cover any charges for the use of spaces and areas attributable 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 current account of GOBID INTERNATIONAL AUCTION GROUP SRL , which will refund the amount withheld only after the user has collected the assets or completed the purchase of the assets acquired at auction, including completion of the administrative formalities required for the sale
The security deposit will be retained 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 the individual lot page available at www.gobid.it.
Bids will always be subject to verification that they comply with the indicated prices and bidding conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if discrepancies with the General Conditions and Specific Conditions are found.
Bids may be of two types: 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's bid. The user must then submit another static bid to win the lot.
If the registered user submits a maximum bid (proxy bid), it will remain valid until another user's bid exceeds the maximum bid. Bids will be placed automatically, based on the minimum increments indicated, to outbid other bids submitted, up to the amount entered.
Bids will be considered valid only if submitted during the auction. If bids are received in the 5 minutes before the auction closes, the time available to submit further bids will be extended by the period specified in the Specific Conditions of each individual auction.
6.1. Open Bidding
For an auction using the open-bidding format, the user may bid the amount indicated or increase it by the recommended minimum increment using the appropriate controls, or enter the amount they wish to bid directly.
Confirmed bids will be considered irrevocable.
When a registered user submits a bid, it may be outbid by another user's bid. The user must then submit another static bid to become the highest bidder and compete to win the lot.
7. Awarding of Lots
Once the auction ends, the review phase for the provisional award of the lots will begin and will last no more than 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 conditional upon receipt of the security deposit
If the successful bidder fails to pay the sale price within the established deadlines, the award will be made in favour of the next-highest bidder.
Bids placed are binding and constitute a formal commitment to purchase. Should the award to the highest bidder be 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 conditions, which will specify the deadlines for payment and collection and the relevant compensation clauses in the event of failure to comply with said conditions.
If payment of the amounts due is not completed within the established deadlines, the sale will be automatically rescinded and the security deposit will be retained as compensation by way of a penalty, with the consequent forfeiture of the award,in agreement with the principal. Any damage discovered following collection of the awarded lots will be entirely at the buyer's expense.
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 compliance, including with regard to any third parties and/or collaborators involved in said operations.
The Agent accepts no liability in this regard, as it merely carries out an assignment intended to sell the assets relating to the Proceedings competitively.
If goods are exported for customers outside the European Union, in compliance with Italian law, the Authorities of 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 submission of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for any failure to correspond, or partial correspondence, between the descriptions of the lots listed in the auction and the lots themselves. The specific Conditions will be published for each auction, providing detailed information about the auction and the lots.
Furthermore, for anything not covered by these general conditions, the provisions contained in the Terms of Use of the website www.gobid.it shall apply.
For anything not expressly provided for in these general and specific conditions, reference is made to the provisions of the Code of Civil Procedure and the CCII.
The lots are sold as seen and approved, in their current condition.
Viewing the lots listed in the 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 indicated in the lot catalogues; for this reason, viewing the lots is strongly recommended in order to verify the actual condition of the assets offered at auction.
No warranty is given by GOBID INTERNATIONAL AUCTION GROUP SRL or the seller.
By accepting these conditions, the buyer releases GOBID INTERNATIONAL AUCTION GROUP SRL and the seller from any warranty or claims by third parties.
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.
Under no circumstances may GOBID INTERNATIONAL AUCTION GROUP SRL be held liable for any system malfunctions that may in any way impair 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 arising from malfunctions of the server or network, or for other reasons at its sole discretion.
The system log file records constitute full and exclusive evidence between all parties to these proceedings regarding the content and timing of documents/messages exchanged electronically. Users who register declare and acknowledge that system records constitute full evidence of the relations between them. These 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 relating to the interpretation of the provisions contained in the general and specific terms and conditions displayed on the platform, which may have been translated into other languages, the Italian version of the text shall prevail.
Unless otherwise specified, the times stated in the specific terms and conditions and on the platform refer to the time zone indicated by the server time published on the website
