GENERAL TERMS AND CONDITIONS
Table of Contents:
- Art. 1 Definitions
- Art. 2. Applicability:
- 2.2. Specific Terms and Conditions
- Art. 3 Publication of auctions
- Art. 4 Auction procedure
- Art. 5 Participation in the auction
- Art. 6. Submission of bids
- Art 6.1 Open 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. and 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 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 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: Authorisation requested by the registered user to participate in an individual Auction
- Bidder Number: Identifier of the Registered User
- General Terms and Conditions: these terms and conditions
- Specific Terms and Conditions: Specific terms and conditions of the Auction
- Deposit: Amount to be paid to participate in the Auction, where specified.
- Starting Price: Starting price of each lot
- Reserve Price: Minimum price, the achievement of which 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 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 additional 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: A percentage amount calculated on the taxable amount of the sale price declared at the Award
2. Applicability:
These terms and conditions 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 and conditions apply unless otherwise specified in the Specific Conditions for each individual AUCTION.
3. Publication of auctions
Auctions will be published on the website www.gobid.it, with details of the auction dates and the lot catalogue.
4. Conduct of the Auction
Each individual auction will be published on www.gobid.it, with the terms and conditions set out in greater detail 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 acknowledges 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 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 directly taken by the user that may damage or impair 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 auction has concluded.
Furthermore, for all matters not covered by these general terms and conditions, the provisions set out 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 Conditions and Specific Conditions.
The information entered by the user when registering on the website will be the same information to which the award may be granted.
All payments due must be made by the persons registered for the individual auctions. Any powers of attorney or authorisations may be considered subject to the Principal's 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 after the deposit has been received. The payment methods for the deposit, where applicable, will be indicated in the Specific Auction Terms.
If auction participants do not win any assets, the security deposit will be refunded within 20 business days of the auction closing date, without interest.
If one or more lots are awarded, the security deposit will be refunded once the buyer has collected the assets purchased at auction, paid any charges for additional services, or completed the purchase of the assets bought 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 costs relating to the occupation of spaces and areas associated with the proceedings or other expenses, at the Principal's discretion.
If the security deposit is paid by credit card and the user is awarded 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 bought 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 awarded lots 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 page for each individual lot on www.gobid.it.
Bids will always be subject to verification that they comply with the stated prices and bidding conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if any discrepancies with the General Terms and Specific Terms 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's bid. At that point, the user will need to 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 bid from another user that is higher than the maximum bid. Bids will be placed automatically based on the stated minimum increments, with the aim of outbidding other bids until the amount entered is reached.
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 place further bids will be extended by the period specified in the Specific Terms of each individual auction.
6.1. Open bidding
For an auction using the open-bidding method, the user may bid the amount indicated or increase it by the recommended minimum increment using the designated sliders, or may enter the amount they wish to bid directly.
Confirmed bids will be considered irrevocable.
When a registered user places a bid, it may be outbid by another user's bid. At that point, the user will need to 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 awarding the lots will begin and will last no more than 48 business hours, unless otherwise specified in the Specific Terms. At the end of the review phase, the highest bidder will be notified that the lot has been awarded to them.
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 sale price within the established deadlines, the award will be made to the next highest bidder.
Bids submitted 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 the successful bidder for 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 said terms.
If payment of the amounts due is not completed within the established deadlines, the sale will automatically be deemed terminated and the security deposit will be retained as a compensatory penalty, and the award will consequently be revoked,in agreement with the principal. Any damage discovered upon collection of the awarded lots shall be borne entirely by the buyer.
Collection operations must be carried out in compliance with the safety regulations established by law, under the responsibility of the buyer/successful bidder, who must take the necessary steps in this regard, including with respect to any third parties and/or collaborators involved in said operations.
The Agent accepts no liability in this regard, as it is merely carrying out an assignment aimed at the competitive sale of the assets relating to the Proceedings.
In the case of export by 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 retained until export has taken place and refunded upon presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for any failure to match, or partial mismatch with, the descriptions of the lots offered at auction. The specific Terms and Conditions will be published for each auction, detailing all information relating to the auction itself 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 CCII.
The lots are sold as seen and approved, in their current condition.
Inspection of the lots offered at auction is strongly recommended. GOBID INTERNATIONAL AUCTION GROUP SRL or the seller disclaim all 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 damage, 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 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 resulting from server or network malfunctions, or for other reasons at its sole discretion.
System log file records shall constitute full and exclusive evidence between all parties to this procedure as regards the content and time of documents/messages exchanged electronically. Users who register declare and acknowledge that system records shall constitute full evidence of the relationship between them. Such records are confidential and shall not be disclosed to third parties, except in cases expressly provided for or by order of the Judicial Authority.
All matters not provided for in these terms shall be governed by the provisions contained in the terms of use of the website www.gobid.it.
In the event of any disputes concerning the interpretation of the provisions contained in the general and specific terms stated on the platform, which may be 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
