GENERAL TERMS AND CONDITIONS
Table of Contents:
Art. 1 Definitions:
2. Applicability:
These conditions apply to the use of the www.gobid.it website 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 conditions apply unless otherwise specified in the Specific Conditions of each individual AUCTION.
3 Publication of auctions
The auctions will be published on the www.gobid.it website, with details of the auction dates and the catalogue of lots.
4. Conduct of the Auction
Each individual auction will be published on www.gobid.it with terms and conditions set out in more 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 potential 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 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 Conditions, the provisions contained in the Terms of Use of the www.gobid.it website shall apply.
5 Participation in the auction
To participate, the registered user must register for each individual AUCTION and expressly accept the General Conditions and the Specific Conditions.
The details entered by the user when registering on the website will be the same details to which the award may be made.
All required payments 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 GOBID INTERNATIONAL AUCTION GROUP SRL has granted authorization. Authorization will be granted by GOBID INTERNATIONAL AUCTION GROUP SRL only once the deposit has been received. The payment methods for the deposit, where applicable, will be indicated in the Specific Conditions of the auction.
If participants in the auction are not awarded any goods, the security deposit will be refunded within 20 business days of the auction's closing date, without interest.
If one or more lots are awarded, the security deposit will be refunded after the buyer has collected the goods purchased at auction, settled any payments for additional services, or completed the purchase of the goods acquired at auction, including the 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 costs arising from 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 one or more lots are awarded to the user, the deposit will be charged to the bank account of GOBID INTERNATIONAL AUCTION GROUP SRL , which will refund the amount withheld only after the user has collected the goods or completed the purchase of the goods acquired at auction, including the completion of the administrative formalities required for the sale
The security deposit will be retained if the general payment terms for the awarded lots are not complied with.
6. Submission of Bids
Bids for the purchase of lots may be submitted by the registered user, where authorized to participate, within the individual lot listing on www.gobid.it.
Bids will always be subject to verification that they comply with the stated prices and bid increment conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if any inconsistencies are found with the General Conditions and Specific Conditions.
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 the registered user places a static bid, it may be outbid by another user's bid. In that case, the user must place another static bid to win the lot.
If the registered user enters a maximum bid (proxy bid), it will be considered valid until exceeded by a bid from another user that is higher than the maximum bid. Bids will be placed automatically based on the minimum increments indicated, with the aim of exceeding other bids submitted until the entered amount is reached.
Bids will be considered valid only if submitted during the auction. If bids are received in the 5 minutes before the auction ends, the time available for placing further bids will be extended by the period indicated in the Specific Conditions for each individual auction.
6.1. Open bidding
In the case of an auction with open bidding, the user may bid the amount indicated or increase it by the recommended minimum increment using the appropriate sliders, or may enter directly the amount they wish to bid.
Confirmed bids shall be considered irrevocable.
When a registered user places a bid, it may be exceeded by a bid from another user. At that point, the user must place another static bid in order to become the highest bidder and compete to be awarded the lot.
7. Award of lots
At the end of the auction, the preliminary award review phase for 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 preliminary 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 established timeframe, the lot will be awarded 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, the lot will be awarded to the next highest bidder, and so on.
The Principal, in its capacity as the party responsible for the sale procedure, may exercise the right provided for under Article 107, fourth paragraph, of the Italian Bankruptcy Law (l.fall.) and suspend the sale if it receives an irrevocable purchase offer that improves on the current offer by an amount of no less than ten percent of the price offered.
8. Payment and collection
The registered user who is awarded one or more lots must comply with the specific auction conditions, which set out the payment and collection deadlines and the relevant compensation clauses in the event of failure to comply with those conditions. If payment of the amounts due is not completed within the established timeframe, the sale shall automatically be deemed terminated, and the security deposit shall be retained as a penalty by way of compensation, with the consequent revocation of the award, in agreement with the Principal. Any damage discovered upon collection of the awarded lots shall be entirely borne by the purchaser.
Collection operations must be carried out in compliance with the safety regulations laid down by law, under the responsibility of the purchaser/successful bidder, who must ensure compliance with these requirements, including with regard to any third parties and/or contractors involved in those operations.
The Agent disclaims all 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 exports by customers outside the European Union, and 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 export has taken place and refunded upon submission of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL shall not be liable for any discrepancies or partial discrepancies between the descriptions of the lots offered at auction and the actual lots. Specific Conditions will be published for each auction, detailing all information relating to the auction itself and the lots.
Furthermore, any matters not covered by these General Conditions shall be governed by the provisions contained in the Terms of Use of the website www.gobid.it.
Any matters not expressly provided for in these general and specific conditions shall be governed by the provisions of the Italian Code of Civil Procedure (c.p.c.) and the Italian Bankruptcy Law
Lots are sold as seen and accepted 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 indicated 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 conditions, the purchaser 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 directly undertaken by the user that may cause damage to or malfunction of the system; inability to view and/or use 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 adversely affect or delay the delivery of communications to the person who registers.
At the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL, in agreement with the Principal, the competitive sale procedure may be suspended and/or postponed due to technical connection issues arising from server or network malfunctions, 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 regarding the content and timing of documents/messages exchanged electronically. Persons who register declare and acknowledge that the system records constitute full evidence of the relationship between them. These records are confidential and shall not be disclosed to third parties, except in cases expressly provided for or pursuant to an order of the Judicial Authority.
Any matters not covered by these conditions 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 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 conditions and on the platform refer to the time zone indicated by the server time published on the site
Gobid.it - торговая марка, зарегистрированная компанией: GOBID INTERNATIONAL AUCTION GROUP SRL
Юридический адрес: Via P.O.Vigliani, 19 - 20148 Милан (MI)
Операционный офис: Via Merloni, 17/U - 62024 Мателика (MC)
тел: 0039.02.86882269 - факс: 0039.0737.786198 - эл. почта: [email protected]