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, Via P.O. Vigliani, 19, VAT No. - Tax Code 09441470961, authorised to conduct auction sales under Licence no. 13/2008 issued by the Milan Police Commissioner on 9/04/2008.
- Gobid.it: Proprietary 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 behalf of third parties
- Auction: Online sale of goods published on www.gobid.it
- Lot: An item or a 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, once reached, that 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: The period by which the auction is extended to allow further bids.
- Award: Declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a lot has been 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 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 provided for in the Specific Conditions of 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 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 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 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 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 damage or cause the system to malfunction; 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, 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.
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 Conditions.
The details entered by the user during website registration will be the same details to which the award may be attributed.
All required payments 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 prior authorisation.
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 once the deposit has been received. Where applicable, the methods for paying the deposit will be indicated in the Auction-Specific Terms and Conditions.
If auction participants do not win any lots, the security deposit will be refunded within 20 business days of the auction closing date, without interest.
If one or more lots are won, the security deposit will be refunded after the purchaser has collected the goods purchased at auction, paid any charges for additional services, or completed the purchase of the goods purchased at auction by completing the administrative procedures required for the sale, subject to authorization from the Principal. In such cases, the security deposit may be retained to cover any costs associated with 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 collected into the current 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 bought at auction by completing 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 to purchase lots may be submitted by the registered user, who may be authorized to participate, on the individual lot page on www.gobid.it.
Bids will always be subject to verification that they comply with the indicated prices and bidding conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if any discrepancies with the General Terms and Conditions or Specific Terms and 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.
Once a registered user submits a static bid, it may be outbid by another user. The user must then 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 the maximum bid. Bids will be placed automatically in accordance with the indicated minimum increments, to outbid other bids submitted, up to the amount entered.
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 for placing further bids will be extended by the period specified in the Specific Terms and Conditions of each 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 appropriate controls, or enter the amount they wish to bid directly.
Submitted bids will be considered irrevocable.
Once a registered user submits a bid, it may be outbid by another user. The user must then submit another static bid to become the highest bidder and compete to win the lot.
7. Awarding of Lots
When the auction ends, the lot-awarding review process will begin and will last for a maximum of 48 business hours, unless otherwise specified in the Specific Terms and Conditions. Once the review process is complete, the highest bidder will be notified that they have won the lot.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to suspend the auction or the awarding of lots even before the auction closes, 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 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 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 conditions, which will specify the terms for payment and collection, as well as the related compensation clauses in the event of failure to comply with said conditions.
Should payment of the amounts due not be completed within the established time limits, the sale will automatically be deemed terminated and the security deposit will be retained as liquidated damages, with the consequent revocation of the award,in agreement with the principal. Any damage discovered following collection of the awarded lots shall be entirely borne 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 make the necessary arrangements, 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 executes an assignment aimed at the competitive sale of the assets relating to the Proceedings.
In the case of export to customers outside the European Union, in compliance with Italian law, the bodies administering 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 export has taken place and will be refunded upon presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for any failure to match, or partial discrepancy between, the descriptions of the lots offered at auction and the lots themselves. Specific Conditions will be published for each auction, detailing all information relating to the auction and the lots.
Furthermore, for all matters not covered by these general 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 conditions, reference is made to the provisions of the Code of Civil Procedure and the Business Crisis and Insolvency Code.
Lots are sold as seen and approved, in their current condition.
Inspection of the auction lots 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 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 damage or cause the system to malfunction; unavailability of access to and/or use of www.gobid.it; or unlawful use of www.gobid.it.
Under no circumstances shall GOBID INTERNATIONAL AUCTION GROUP SRL be held liable for any system malfunctions that may in any way impair 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 proceedings 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.
The records contained in the log file generated by the system constitute full and exclusive evidence among all parties to this procedure with regard to the content and time of documents/messages exchanged electronically. Users who register declare and acknowledge that system records constitute full evidence of the relations 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.
For anything not provided for in 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
