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 Free 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, 19 Via P.O. Vigliani, VAT No. - Tax Code 09441470961, authorized to conduct auction sales under License No. 13/2008 issued by the Chief of Police of Milan on 9/04/2008.
- Gobid.it: Registered proprietary trademark of 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 each lot
- Reserve Price: Minimum price, the achievement of which 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 additional bids.
- Award: Declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a lot is sold to the highest bidder.
- Sale price: The Award amount 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 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 Terms and Conditions
These terms and conditions apply unless otherwise specified in the Specific Terms and Conditions of each individual AUCTION.
3. Publication of auctions
Auctions will be published on the website www.gobid.it, indicating the dates on which they will take place 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 greater detail in the Specific Terms and Conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel, extend or interrupt the auction at its sole discretion.
The registered user acknowledges that objective and subjective issues may arise from using 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 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, the unavailability of www.gobid.it for viewing and/or use, the unlawful use of www.gobid.it, or any event occurring after the auction has concluded.
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.
5. Participation in the auction
To participate, the registered user must register for each individual AUCTION and expressly accept its General Terms and Conditions and Specific Terms and Conditions.
The details entered by the user when registering on the website will be the details to which the award may be attributed.
All requested payments 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 authorisation.
If a deposit is required to participate in the auction, the registered user will not be authorized to participate unless 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. The payment methods for the deposit, where applicable, will be indicated in the Specific Auction Conditions.
If auction participants do not win any assets, the security deposit will be refunded within 20 working days of the auction 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 and completed 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 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 wins one or more lots, the deposit will be collected into the bank 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 and completed the administrative formalities required for the sale
The security deposit will be withheld if the general payment terms for the lots won are not met.
6. Submission of Bids
Registered users, who may be authorized to participate, may submit bids to purchase lots through each individual lot page on www.gobid.it.
Bids will always be subject to verification that they comply with the stated prices and bidding increment conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if discrepancies are found with the General Conditions or 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 a registered user places a static bid, it may be outbid by another user's bid. 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 bid from another user that is higher than the maximum bid. Bids will be placed automatically, based on the stated minimum increments, to exceed 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 preceding the auction's closing time, the time available to place further bids will be extended by the period specified in the Specific Conditions for each individual auction.
6.1. Open Bid
In an auction with an open-bid format, the user may offer the amount indicated or increase it by the recommended minimum increment using the relevant controls, or enter the amount they wish to offer directly.
Confirmed bids will be considered irrevocable.
When a registered user places a bid, it may be outbid by another user's bid. 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 award of lots will begin and will last no more than 48 working 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 suitable 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 deadline, 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 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 terms, which specify the deadlines for payment and collection and the relevant compensation clauses in the event of non-compliance with said terms.
If payment of the amounts due is not completed within the established deadlines, the sale will automatically be terminated and the security deposit will be retained as liquidated damages, resulting in revocation of the award,in agreement with the Principal. Any damage identified 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 established by law, under the responsibility of the buyer/successful bidder, who must ensure compliance, including with regard to any third parties and/or contractors involved in said operations.
The Agent declines all responsibility in this regard, as it merely carries out an assignment aimed at conducting the competitive sale of the assets involved in the Proceedings.
For exports by customers outside the European Union, in accordance with Italian law, the Proceedings' authorities 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 presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for any discrepancy, whether total or partial, between the descriptions of the lots offered at auction and the actual lots. Specific Terms 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 contained in the Terms of Use of the website www.gobid.it shall apply.
For all matters not expressly covered by these general and specific terms and conditions, reference is made to the provisions of the Italian Code of Civil Procedure and the Italian Business Crisis and Insolvency Code.
Lots are sold as seen, in their current condition.
Inspection of the lots offered at auction is strongly recommended. GOBID INTERNATIONAL AUCTION GROUP SRL or the seller declines all responsibility 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; inability to view and/or use www.gobid.it; or unlawful use of www.gobid.it.
GOBID INTERNATIONAL AUCTION GROUP SRL shall in no event be held liable for any system malfunctions that may in any way compromise or delay the delivery of communications to the registered user.
At the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL, and in agreement with the Principal, the competitive sale may be suspended and/or postponed due to technical connection problems caused by malfunctions of the server or network, or for other reasons at its sole discretion.
System log file records constitute full and exclusive evidence between all parties to this procedure with regard to the content and timing of documents/messages exchanged electronically. Users who register declare and acknowledge that system records provide full evidence of the relationships between them. Such records are confidential and will not be disclosed to third parties, except in cases expressly provided for or by order of the Judicial Authority.
In 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 concerning 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
