GENERAL TERMS AND CONDITIONS
Table of Contents:
Art.1 Definitions:
2. Applicability:
These conditions apply to the use of the website www.gobid.it and, in particular, to the publication, conduct of the Auction as well as to the terms and conditions of user participation.
2.2. Specific Conditions
These conditions are applicable unless otherwise indicated by the Specific Conditions of each individual AUCTION.
3 Publication of auctions
The auctions will be published on the website www.gobid.it with indication of the dates of conduct 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 shall not be liable for direct and/or indirect damage or liability, except in cases of willful misconduct or gross negligence by the same. Under no circumstances shall GOBID INTERNATIONAL AUCTION GROUP SRL be liable for: direct actions of the user 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
To participate, the registered user is required to register for each individual AUCTION, expressly accepting its General Conditions and Specific Conditions.
The data entered by the user during registration on the site will be the same as those to which the award may be attributed.
All required payments must be made by the parties registered in 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 the deposit has been received. The methods for paying the deposit, where applicable, will be indicated in the Specific Conditions of the auction.
If the auction participants do not win any asset, the security deposit will be returned within 20 business days from the final deadline of the auction, without interest.
In the event of awarding one or more lots, the security deposit will be returned after the buyer has arranged for collection of the assets purchased at auction, settled any payments for additional services, or completed the purchase of the assets purchased at auction, including handling the bureaucratic procedures required for the sale, subject to authorization provided by the Principal. In such cases, the security deposit may be retained to cover any charges for occupation of spaces and areas attributable to the Procedure or expenses of another nature, at the discretion of the Principal.
If the security deposit is paid by credit card and the user is awarded one or more lots, the deposit will be collected into the current account of GOBID INTERNATIONAL AUCTION GROUP SRL , which will return the amount so retained only after the user has arranged for collection or completed the purchase of the assets purchased at auction, including handling the bureaucratic procedures required for the sale
The security deposit will be retained in the event of failure to comply with the general payment terms for the awarded lots.
6. Submission of Bids
Purchase bids for the lots may be submitted 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 found 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 another user's bid. At this point, the user will be required to place another static bid in order 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 higher than the maximum bid. The automatic bids will be based on the minimum values indicated, aimed at exceeding 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 auction ends, 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 increment 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 another user's bid. At this point, the user will be required to place another static bid in order to be the highest bidder and compete for the award of the lot.
7. Awarding of lots
At the end of the auction, the preliminary phase for the provisional award of the lots will begin and will last a maximum of 48 working hours, subject to different provisions indicated in the specific conditions. At the end of the preliminary phase, the provisional award will be communicated to the highest bidder.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to suspend the auction or the award of the lots even before the end of the auction, both at its unquestionable discretion and if a suitable and confirmed bid is submitted.
The award is conditional upon receipt of the security deposit
If the successful 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, repeatedly if necessary, to the next highest bidder.
The Principal, as the party responsible for the sale procedure, may exercise the right provided for by Art. 107, fourth paragraph, of the Bankruptcy Law, and suspend the sale if an irrevocable improved purchase offer is received for an amount not less than ten percent of the offered price.
8. Payment and collection
The registered user who is the successful bidder of one or more lots is required to comply with the specific conditions of the auction, which will specify the terms for payment and collection and the related compensation clauses in the event of failure to comply with the aforementioned conditions. If payment of the amounts due is not completed within the established terms, the sale will be automatically terminated and the security deposit will be retained as a compensatory penalty, 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 rules established by law, under the responsibility of the buyer/successful bidder, who must make arrangements in this regard, also with reference to any third parties and/or collaborators employed in the aforementioned operations.
The Agent declines all responsibility in this regard, as it is merely the executor of an assignment aimed at the competitive sale of the assets relating to the Procedure.
In the case of export for customers outside the European Union, in compliance with Italian law, the Procedure Bodies 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 returned upon presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for any failure or partial correspondence of the descriptions of the lots present in the auction. For each auction, the specific Conditions will be published, detailing all information relating to the auction itself and the lots.
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.
For all matters not expressly provided for in these conditions, general and specific, reference is made to the rules of the Italian Code of Civil Procedure and of the Bankruptcy Law
The lots are sold as seen and liked in the condition in which they are found.
Viewing the lots in the auction is strongly recommended, GOBID INTERNATIONAL AUCTION GROUP SRL or the seller decline all responsibility for any errors, omissions and inaccuracies in the photos, descriptions, quantities and any other detail indicated in the lot catalogues; for this reason viewing the lots is strongly recommended in order to verify the actual condition of the goods in the auction.
No warranty is given by GOBID INTERNATIONAL AUCTION GROUP SRL or by the seller.
By accepting these conditions, the buyer indemnifies GOBID INTERNATIONAL AUCTION GROUP SRL and the seller against any warranty or claim of third parties.
GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for direct and/or indirect damages or liabilities, except in cases of wilful misconduct or gross negligence on its part.
Absolutely GOBID INTERNATIONAL AUCTION GROUP SRL is not 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 may not, under any circumstances, be held liable for any system malfunctions that in any way may prejudice or delay the delivery of communications to the person who registers.
The competitive procedure may, at the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL, in agreement with the Principal, be suspended and/or postponed either for technical connection problems to the system dependent on malfunctions of the server or network, or at its unquestionable judgment for different reasons.
The recordings present in the log file generated by the system constitute full and exclusive evidence between all parties to this procedure, regarding the content and time of the documents/messages exchanged electronically. The persons who register declare and acknowledge that the system recordings constitute full evidence of the relationships between them. Such recordings are confidential and will not be disclosed to third parties, except in 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 relating to 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.
Where not 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
Gobid.it er et registreret varemærke af: GOBID INTERNATIONAL AUCTION GROUP SRL
Hovedkontor: Via P.O.Vigliani, 19 - 20148 Milano (MI)
Operativt kontor: Via Merloni, 17/U - 62024 Matelica (MC)
tlf: 0039.02.86882269 - fax: 0039.0737.786198 - email: [email protected]