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, authorised to conduct auctions under Licence issued by the Milan Police Commissioner No. 13/2008 dated 9/04/2008.
- Gobid.it: Registered trademark owned 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 a specific 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 specified.
- Starting Price: Starting price of individual lots
- Reserve Price: Minimum price which, when reached, 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 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: 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 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 of each individual AUCTION.
3. Publication of auctions
Auctions will be published on the website www.gobid.it, with details of 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 the terms and conditions set out in more detail 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 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 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 or 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 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 Specific Terms.
The information entered by the user when registering on the website will be the information to which the award may be attributed.
All required payments must be made by the parties registered for the individual auctions. Any powers of attorney or delegations 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 authorised to participate unless authorised by GOBID INTERNATIONAL AUCTION GROUP SRL . Authorisation will be granted by GOBID INTERNATIONAL AUCTION GROUP SRL only after the deposit has been received. Where applicable, the deposit payment methods will be indicated in the Auction Specific Terms.
If auction participants do not win any items, the security deposit will be refunded within 20 working days of the auction's closing date, without interest.
If one or more lots are awarded to a bidder, 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 acquired at auction, including the completion of the administrative procedures required for the sale, subject to authorisation from the Principal. In such cases, at the Principal's discretion, the security deposit may be retained to cover any costs arising from the occupation of spaces or areas related to the Proceedings or other expenses.
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 retained only after the user has collected the items or completed the purchase of the items acquired at auction, including the completion of the administrative procedures 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 for lots may be submitted by the registered user, who may be authorised to participate, on the individual lot pages available at www.gobid.it.
Bids will always be subject to verification of their compliance 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 identified.
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. At that point, the user will need to submit another static bid to win the lot.
If a registered user submits a maximum bid (proxy bid), it will remain valid until another user submits a bid exceeding that maximum. Bids will be placed automatically in accordance with the stated minimum increments, to outbid other submitted bids up to the amount entered.
Bids will be considered valid only if submitted during the auction. If bids are received in the 5 minutes preceding the end of the auction, 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
In an auction with an open bidding format, the user may bid the amount indicated or increase it by the recommended minimum increment using the relevant 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. At that point, the user will need to submit another static bid to become the highest bidder and compete to win the lot.
7. Awarding of Lots
Once the auction ends, the lot award review phase will begin and will last a maximum of 48 working 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 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 does not 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 forfeited, it will be assigned successively 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 conditions, which will set out the deadlines for payment and collection and the applicable compensation clauses in the event of failure to comply with said conditions.
If payment of the amounts due is not completed within the established time limits, the sale will automatically be terminated and the security deposit will be retained as compensation by way of a penalty, resulting in forfeiture of the award,in agreement with the principal. Any damage discovered following collection of the awarded lots shall 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 collaborators involved in said operations.
The Agent disclaims all liability in this regard, as it merely carries out an assignment intended to conduct the competitive sale of the assets relating to the Proceedings.
For exports by customers outside the European Union, in compliance with Italian law, the Bodies 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 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 conditions will be published for each auction and will provide detailed information about the auction and its lots.
Furthermore, anything not covered by these general conditions shall be governed by the provisions of the Terms of Use of the website www.gobid.it.
Anything not expressly provided for in these general and specific conditions shall be governed by the provisions of the c.p.c. and the C.C.I.I.
Lots are sold as seen and 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 warranties are 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 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: direct actions 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 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 procedure 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.
The records contained in the log file generated by the system shall constitute full and exclusive evidence between all parties to this procedure with regard to the content and timing of documents/messages exchanged electronically. The parties registering declare and acknowledge that the system records constitute full evidence of the relations 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.
For all matters not covered by these terms and conditions, the provisions set out 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 set out on the platform, which may have been translated into other languages, the Italian version of the text shall prevail.
Unless otherwise specified, the times indicated in the specific terms and conditions and on the platform refer to the time zone indicated by the server time published on the website
