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. Guarantees
Art.1 Definitions:
- GOBID INTERNATIONAL AUCTION GROUP SRL: Owner and manager of the online auction website http://www.gobid.it, with registered office in Milan, Via P.O. Vigliani , 19, VAT - Tax Code 09441470961 , authorized to sell at auction with License issued by the Milan Police Commissioner no.13/2008 of 9/04/2008.
- Gobid.it: Proprietary trademark registered by GOBID INTERNATIONAL AUCTION GROUP SRL
- www.gobid.it: The website managed by GOBID INTERNATIONAL AUCTION GROUP SRL for the sale of goods on commission
- Auction: Online sale of goods published on www.gobid.it
- Lot: Good or set of goods available for sale present in the Auction
- Registered user: User registered on www.gobid.it
- Auction registration: Authorization requested by the registered user to participate in the 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 for participation in the Auction, where indicated.
- Base Price: Starting price of individual lots
- Reserve price: Minimum price the reaching 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 increment: Pre-established amount to be added to the current price to place the bid.
- EXTRA-TIME: Extension of the auction duration for the submission of further bids.
- Award: Declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a lot is sold to the highest bidder.
- Sale price: Amount of Award of the lot at the time the auction is deemed concluded
- Buyer's Premium: Percentage amount, calculated on the taxable base of the sale price declared in Award
2. Applicability:
These conditions apply to the use of the website www.gobid.it and, in particular, to the publication, the conduct of the Auction as well as the terms and conditions of user participation.
2.2. Specific Conditions
These conditions apply unless otherwise indicated by the Specific Conditions of each individual AUCTION.
3 Publication of auctions
Auctions will be published on the website www.gobid.it with indication of the 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 better specified 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 is aware of 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 is not liable for direct and/or indirect damage or liability except in case of willful misconduct or gross negligence on its part. Under no circumstances GOBID INTERNATIONAL AUCTION GROUP SRL shall be liable for: direct user actions that may cause damage or malfunction to the system, unavailability of display and/or use of www.gobid.it, unlawful use of www.gobid.it, any event after the conclusion of the auction.
Furthermore, for all matters not provided for in these general conditions, the provisions contained in the Terms of Use of the website www.gobid.it shall apply.
5 Participation in the auction
The registered user, in order to participate, must register for each individual AUCTION and expressly accept its General Conditions and Specific Conditions.
The data entered by the user during site registration will be the same as those to which the award may eventually be attributed.
All requested payments must be made by parties registered for the individual auctions. Any powers of attorney or delegations may be considered subject to authorization by the Principal.
If a deposit is required to participate in the auction, the registered user will not be enabled to participate without prior authorization from GOBID INTERNATIONAL AUCTION GROUP SRL . Authorization will be given by GOBID INTERNATIONAL AUCTION GROUP SRL only after receipt of the deposit. The methods of payment of the deposit, if any, will be indicated in the Specific Conditions of the auction.
If the auction participants do not win any asset, the deposit will be refunded within 20 working days from the final deadline of the auction, without interest.
In the event of awarding one or more lots, 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 purchased at auction, with the handling of the bureaucratic procedures required for the sale, subject to authorization provided by the Principal. In such a case, the security deposit may be retained to cover any charges for occupation of spaces and areas attributable to the Procedure or other expenses, at the discretion of the Principal.
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 so retained only after the user has collected or completed the purchase of the goods purchased at auction, with the handling of the bureaucratic procedures required for the sale
The security deposit will be retained in the event of non-compliance with the general payment terms for the awarded lots.
6. Submission of Bids
Purchase bids for lots may be placed by the registered user, if authorized to participate, within each individual lot page on www.gobid.it.
Bids will always be subject to verification of compliance with the indicated prices and bidding conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel the bid if inconsistencies are detected with what is indicated in 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.
The maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the lot, not visible to other users.
When the registered user places a static bid, it may be outbid by a bid from other users. At this point, the user will be required to place another static bid to win the lot.
If the registered user places a maximum bid (proxy bid), it will be considered valid until it is outbid by a bid from other users that is higher than the maximum bid. The automatic bids will be based on the indicated minimum values, aimed at outbidding the other bids submitted until the entered amount is reached.
Bids will be considered valid only if submitted during the auction period. If bids are received within 5 minutes before the end of the auction, the time available to place other bids will be extended by the time value indicated in the Specific Conditions of each individual auction.
6.1. Free bid
In the case of an auction with free bid mode the user may bid the amount equal to the indicated amount or increase it by the recommended minimum bid using the appropriate sliders, or may directly enter the amount they intend to bid.
Confirmed bids will be considered irrevocable.
When the registered user places a bid, it may be outbid by a bid from other users. At this point, the user will be required to place another static bid to become the best bidder and compete for the award of the lot.
7. Awarding of lots
At the end of the auction, the preliminary award phase for the lots will begin, lasting a maximum of 48 working hours, unless otherwise specified in the specific conditions. At the end of the preliminary phase, the provisional award will be communicated to the best bidder.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to suspend the auction or the awarding of lots even before the end of the auction, at its sole discretion, or in the event a suitable and confirmed bid is submitted.
The awarding is conditional upon receipt of the security deposit
If the winning bidder does not pay the sale price within the established terms, the award will be made in favor of the next highest bidder.
Bids placed are binding and constitute a formal commitment to purchase. If the award to the highest bidder lapses, it will be assigned, until exhausted, to the next highest bidder.
8. Payment and collection
The registered user who is the winning bidder of one or more lots is required to comply with the specific auction conditions where the terms for payment and collection and the relevant compensation clauses in the event of failure to comply with said conditions are specified.
In the event that payment of the amounts due is not finalized within the established terms, the sale will be automatically terminated and the security deposit will be retained as liquidated damages, with consequent forfeiture of the award, in agreement with the principal. Any damage found following collection of the awarded lots will 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/winning bidder, who must arrange accordingly, also with reference to any third parties and/or collaborators used in the aforementioned operations.
The Mandatary declines any responsibility in this regard, as mere executor of an assignment aimed at the competitive sale of the assets relating to the Procedure.
In the event of export for customers outside the European Union, in compliance with Italian law, the Bodies of the Procedure may require payment of the VAT due on the awarded lots in order to avoid penalties for omitted VAT payment.
The amount will be withheld until export has taken place and returned upon presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for the lack or partial correspondence of the descriptions of the lots present in the auction. Specific Conditions will be published for each auction where all information relating to the auction itself and the lots will be detailed.
Furthermore, for anything not provided for in these general conditions, the provisions contained in the Terms of Use of the website www.gobid.it will apply.
For anything not expressly provided for in these general and specific conditions, reference is made to the rules of the c.p.c. and of the C.C.I.I.
The lots are sold as seen and liked in the state in which they are found.
Viewing the lots in the auction is strongly recommended; GOBID INTERNATIONAL AUCTION GROUP SRL or the seller decline any responsibility for any errors, omissions and inaccuracies in the photos, descriptions, quantities and in any other detail indicated in the lot catalogues; for this reason viewing the lots is strongly recommended in order to verify the real condition of the goods in the auction.
No warranty is given by GOBID INTERNATIONAL AUCTION GROUP SRL or by the seller.
The buyer, by accepting these conditions, indemnifies GOBID INTERNATIONAL AUCTION GROUP SRL and the seller from any warranty or claim of third parties.
GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for direct and/or indirect damages unless wilful misconduct or gross negligence thereof.
Under no circumstances is GOBID INTERNATIONAL AUCTION GROUP SRL liable for: direct actions of the user that may cause damage or malfunction to the system, unavailability of viewing and/or use of www.gobid.it, unlawful use of www.gobid.it.
GOBID INTERNATIONAL AUCTION GROUP SRL shall not, under any circumstances, be held responsible for any system malfunctions that may in any way prejudice or delay the delivery of communications to the person registering.
The competitive procedure may, at the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL, in agreement with the Principal, be suspended and/or postponed either due to technical connection problems to the system caused by malfunctions of the server or network, or at its unquestionable judgment for other reasons.
The records present in the log file generated by the system constitute full and exclusive evidence among all parties to this procedure, regarding the content and timing of documents/messages exchanged electronically. The parties who register declare and acknowledge that the system records constitute full evidence of the relationships between them. Such records are confidential and will not be disclosed to third parties, except in the cases expressly provided for or by order of the Judicial Authority.
For all matters not provided for in these conditions, the provisions contained in the terms of use of the website www.gobid.it shall apply.
In the event of any disputes arising regarding the interpretation of the provisions contained in the general and specific conditions set out on the platform, possibly translated into other languages, the Italian version of the text shall prevail.
Unless otherwise specified, the times indicated in the specific conditions and on the platform refer to the time zone indicated in the server time published on the site
