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 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 conduct auctions under License No. 13/2008 issued by the Chief of Police of Milan on 9/04/2008.
- Gobid.it: 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 consignment
- 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: A user registered on www.gobid.it
- Auction Registration: Authorization requested by the registered user to participate in an individual Auction
- Bidder Number: Identifier of the Registered User
- General Conditions: these terms and conditions
- Specific Conditions: Specific terms and conditions of 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, 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 intends 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: 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 Conditions
These terms apply unless otherwise specified in the Specific Conditions for each individual AUCTION.
3. Publication of auctions
Auctions will be published on 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 more fully set out in the Specific 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 objective and subjective issues arising from the use of an online auction conducted over the internet, for which GOBID INTERNATIONAL AUCTION GROUP SRL shall not 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 its own willful misconduct or gross negligence. 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 conclusion of the auction.
Furthermore, for all matters not covered by these general terms, 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 Specific Conditions.
The details entered by the user during website registration will be the details to which the award may be attributed.
All payments required must be made by the parties registered for the individual auctions. Any powers of attorney or authorizations may be considered subject to the Principal's authorization.
If a deposit is required to participate in the auction, the registered user will not be authorized to participate until approval has been granted by GOBID INTERNATIONAL AUCTION GROUP SRL . Authorization will be granted by GOBID INTERNATIONAL AUCTION GROUP SRL only after the deposit has been received. The payment methods for the deposit, where applicable, will be specified in the Auction's Specific Conditions.
If auction participants do not win any items, the security deposit will be refunded without interest within 20 business days of the auction closing date.
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 for additional services, or completed the purchase of the items bought 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 withheld to cover any costs for the occupation 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 items or completed the purchase of the items bought at auction, including completion of the administrative formalities required for the sale
The security deposit will be withheld if the general payment terms for the lots won are not complied with.
6. Submission of Bids
Registered users, who may be authorized to participate, may submit bids to purchase lots within each individual lot listing on www.gobid.it.
Bids will always be subject to verification that they correspond to the stated prices and bidding increments. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if any 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 places a static bid, it may be outbid by another user. The user must then place another static bid to win the lot.
If a registered user places a maximum bid (proxy bid), it will remain valid until it is exceeded by a higher bid from another user. Bids will be placed automatically, based on the minimum increments indicated, to outbid other bids until the amount entered is reached.
Bids will be considered valid only if submitted during the auction. If bids are received within the 5 minutes preceding the end of the auction, the time available to place further bids will be extended by the time period specified in the Specific Conditions for each individual auction.
6.1. Open Bidding
In an auction using the open-bid format, the user may bid the amount shown or increase it by the recommended minimum increment using the appropriate controls, or may directly enter the amount they wish to bid.
Confirmed bids will be considered irrevocable.
When a registered user places a bid, it may be outbid by another user. The user must then place 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 awarding of the lots will begin and will last no longer 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 awarding 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 purchase price within the established time limits, the award will be made to 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 in turn to the next-highest bidder.
8. Payment and collection
A registered user who is awarded one or more lots must comply with the specific auction terms, which will specify the deadlines for payment and collection and the applicable compensation clauses in the event of failure to comply with those terms.
If payment of the amounts due is not completed within the established time limits, the sale will be automatically terminated and the security deposit will be retained as liquidated damages, and the award will consequently be revoked,in agreement with the principal. Any damage discovered after 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 prescribed by law and under the responsibility of the buyer/successful bidder, who must ensure compliance, including with regard to any third parties and/or personnel 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.
For exports to customers outside the European Union, in accordance with Italian law, the bodies involved in 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 retained until the export has taken place 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 and Conditions will be published for each auction and will provide all information relating to the auction and its lots.
Furthermore, all matters not covered by these general terms and conditions shall be governed by the provisions contained in the Terms of Use of the website www.gobid.it.
All matters not expressly covered by these general and specific terms and conditions shall be governed by the provisions of the Italian Code of Civil Procedure and the Italian Crisis and Insolvency Code.
Lots are sold as viewed and accepted in their current condition.
Inspection of the auction lots 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 stated in the lot catalogues; for this reason, inspection of 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 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 under no circumstances 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 sale may be suspended and/or postponed due to technical connection problems with the system caused by server or network malfunctions, or for other reasons at its sole discretion.
System records contained in the log file generated by the system 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 relationship 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, 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 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 stated in the specific terms and on the platform refer to the time zone indicated by the server time published on the website
