GENERAL TERMS AND CONDITIONSTable of Contents: · Art. 1. Definitions
· Art. 2. Applicability
· Art. 3. Publication and conduct of auctions and announcements
· Art. 4. Participation methods and submission of bids
· Art. 5. Irrevocable purchase offer
· Art. 6. Obligations of the Principal
· Art. 7. Buyer’s Premium
· Art. 8. Charges
· Art. 9. Security Deposit
· Art. 10. Payments
· Art. 11. Transfer of ownership
· Art. 12. Warranties
Art.1 Definitions: GOBID INTERNATIONAL AUCTION GROUP S.r.l.: Owner and manager of the online auction website http://www.gobidreal.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT - Tax Code 09441470961, authorized for auction sales with License issued by the Questore of Milan no. 13/2008 dated 9/04/2008.
gobidreal.it: Registered trademark owned by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
www.gobidreal.it: The website managed by GOBID INTERNATIONAL AUCTION GROUP S.r.l. for the sale of real estate properties on mandate conferred by the Principal.
Principal: Responsible for the Procedure
Mandatary: GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Procedure: insolvency procedure declared by the Court or sales assignment conferred by private individuals
Auction: Competitive online sale of real estate published on
www.gobidreal.itAnnouncement: Publication of a notice regarding the sale or collection of offers/expressions of interest on real estate published on
www.gobidreal.itLot: Asset or set of assets present, subject of Auction or Announcement
Registered user: User registered on www.gobidreal.it
Auction registration: Authorization requested by the registered user to participate in the individual
AuctionBidder 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.
Base Price: Starting price of individual lots
Reserve price: Minimum price the reaching of which authorizes the provisional award of the lot
Current price: Current price of the Lot, resulting from the bid(s) made by users
Static 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: Pre-established amount added to the current price required to formalize the static bid.
Extra-time : Extension of the time available to place bids in the auction (see Extra-time section)
Provisional award: Communication addressed to the highest bidder by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Award price: Award Amount of the lot, net of any Buyer’s Premium due and any additional tax and non-tax charges
Buyer's Premium: Fee due to the mandatary calculated on the taxable amount of the award price
2. Applicability: These conditions apply to the use of the website www.gobidreal.it and, in particular, to the publication and conduct of auctions and announcements, as well as to the terms and conditions of user participation.
2.1. Specific Conditions For each auction or announcement, where provided, the Specific Conditions will be published, indicating all specific information relating to the auction or the announcement itself and the lots.
These conditions apply unless otherwise indicated by the Specific Conditions of each individual auction or announcement
3. Publication and conduct of auctions and announcements Auctions and announcements will be published on the website www.gobidreal.it with indication of the dates of conduct and the lots present and, where provided, the general and specific terms and conditions.
GOBID INTERNATIONAL AUCTION GROUP S.r.l, in agreement with the Principal, reserves the right to cancel, extend or interrupt the auction or announcements.
4. Participation Methods and Submission of Bids.4.1 Announcement The user's participation in the announcement mode will be governed by the specific conditions, where present.
4.2 Online Auction4.2.1 Registration ProcessTo participate in the sale, the user must register on the website
www.gobidreal.it, entering their personal data, request registration for the auction, accepting its terms and conditions.
The data entered by the subject during registration on the website and for the auctions will be the same as those to which the award may be attributed and to which the property will be registered. All required payments, before and after the sale, must be made by the registered subjects. Any powers of attorney or delegations may be considered subject to authorization by the Principal.
The user must pay the required security deposit by bank transfer to the current account specified in the specific sale conditions and on the registration page.
Where indicated in the specific sale conditions, payment of the deposit may be made online by credit card.
The user is required to specify the auction number for which they intend to participate and simultaneously send an accounting copy of the bank transfer made to the address
[email protected] The deposit must be credited strictly before the end of the auction, unless otherwise indicated in the specific sale conditions.
In addition to crediting the security deposit, the user, to be enabled to participate in the auction, must provide the following documents by upload in the "My Documents" section or by sending to the address
[email protected] - IF A NATURAL PERSON:
- Copy of a valid identity document of the person to whom the property will be registered (it will not be possible to register the property to a person other than the one who signs the registration, according to the procedure described in point 5.1)
- Copy of the tax code
- If the bidder is married under a regime of legal community of property, the corresponding data of the spouse must also be indicated, with submission of the relevant copy of the identity document (document not binding for enabling purposes but required in the event of award)
- IF COMPANIES or ENTITIES:
- updated company registration report or C.C.I.A.A. certificate
- Copy of a valid identity document of the person who signed the offer on behalf of the company and, if it is a person other than the legal representative, copy of the deed showing the relevant powers
- Copy of the tax code of the person who signed the offer
- Any duly legalized translation of the company certificate, if the company is not Italian
- Special power of attorney received or authenticated by a notary, in case of participation through a representative
Where provided for by specific conditions, additional documents will be required, which will supplement the aforementioned ones.
5. Irrevocable purchase offer 5.1 Procedure for finalizing offers at the auction base price
The combined effect of the crediting of the security deposit, the formalization of registration for the auction – with express acceptance of the general and specific conditions of sale, published online at www.gobidreal.it – and the user's sending of all required supporting documentation, as specified above in point 4.2.1, shall be considered equivalent to an irrevocable purchase offer at the price set as the auction base price for each sale attempt and shall itself constitute a binding purchase commitment on the part of the user. This offer will be formalized on the platform directly by the Mandatary by means of an online bid, on behalf of the first user who has completed the finalization procedure described above.
If there are more participants who have formalized their irrevocable purchase offer, according to the procedures described above, and none of the bidders makes a higher bid on the Platform, the best bidder and therefore provisional successful bidder will be the one who, first, in chronological order:
- has carried out the aforementioned procedure.
The Mandatary shall take care to inform all bidders, by any means, whether or not they are the best bidders at the time of formalization of the aforementioned irrevocable purchase offer.
5.2 Submission of offers to increase the base price. Formulation of higher bids The offer, formalized for the first bidder, may be exceeded by bids of a higher amount, made by any enabled user.
The user who wishes to be the best bidder (and therefore provisional successful bidder) must have made the highest offer by the end of the online auction.
Clearly, if there are more participants who make higher bids on the offer at the auction base price, even the user recognized as the "first bidder" may compete for the award of the lots by making higher bids on the current price.
In order to be awarded the lot(s) for sale, users will be invited to increase the price indicated in the auction (and, therefore, to make at least one higher bid) according to the following methods:
5.2.1 Static offer By "static offer" is meant a bid at the price published online, plus a predetermined minimum increment.
5.2.2 Maximum offer (Proxy Bid):
By "proxy bid" is meant an offer at a maximum amount. It corresponds to the maximum amount that the user is willing to offer for each lot. The value of the proxy bid is entered manually by each bidder.
Until the maximum offer formulated by the user is exceeded by an offer of a higher amount, that same user will be the best bidder and therefore provisional successful bidder.
The current price will automatically adjust based on the amount of the predetermined higher bids, until reaching the value set as the "maximum offer".
The value of the maximum offer (proxy bid) formulated by a user will not be visible to other users.
5.3. Validity of offers In any case (static offer – maximum offer – free offer), offers will be considered valid only if submitted within the time frame of the auction.
5.3.1 Extra time If a winning offer is made in the 5 minutes before the auction closing, the time available to make another offer will be extended by an additional 5 minutes from the last bid received. And so on, for each winning offer received within the 5 minutes of extra time, until the end of the available time.
In case of extra time, 5 minutes must pass without any additional offer being registered from the last bid received, before the auction can be considered definitively closed.
Automatic bids in case of maximum offer (proxy bid) will also be considered winning offers.
5.4. Awarding of lots At the end of each auction solution, following an investigation phase, the best bidders will be sent a provisional award confirmation pursuant to art. 107 of the Bankruptcy Law, against which they will be required to make payments by the deadline set in the specific sale conditions.
The provisional award will be attributed to the bidder who has submitted the highest offer for each lot, or, in the absence of further bids, to the bidder who has been recognized as the first, in chronological order, to have completed the procedure for finalizing the irrevocable purchase offer, described in point 5.1.
In case of award, the sale price must be paid in full by bank transfer made out to the procedure within the terms set in the specific conditions, under penalty of forfeiture and definitive loss of the deposit.
The deed of sale will be stipulated by notarial deed according to the methods established by the Principal (described in point 11, Transfer of ownership)
The offers submitted are binding and constitute a formal commitment to purchase. If the winning bidder does not pay the consideration within the terms set in the specific sale conditions, or if the award should lapse, the sale will be automatically resolved and the deposit will be retained, according to the methods established in the section "Deposit". In such case, the award will be attributed, in succession, to the next best bidder, who has completed the procedure described in point 5.1 or made a bid, based on what is illustrated in point 5.2.
5.5 Other provisions Where required by law, the Principal, as responsible for the sale procedure, may avail itself of the power provided by art. 107 fourth paragraph of the Bankruptcy Law, and suspend the sale in case of receipt of an improved irrevocable purchase offer for an amount not less than ten percent of the offered price
In any case, GOBID INTERNATIONAL AUCTION GROUP S.r.l. reserves the right to suspend the auction or the awarding of lots in agreement with the Principal.
6. Obligations of the PrincipalPursuant to art. 107 of the Bankruptcy Law, the Principal undertakes to give notice by notification to each of the mortgage creditors or otherwise secured by privilege at least 20 days before the date set for the conclusion of each sale attempt, as well as to inform the Delegated Judge and the Creditors' Committee of the outcome of each sale attempt, by filing the relevant documentation with the Court Registry.
The Principal declares that any registrations relating to rights of pre-emption, transcriptions of foreclosures and conservatory seizures and any other constraint burdening the real estate put up for sale, will be cancelled pursuant to art. 108 of the Bankruptcy Law once the sale is executed and the price is fully collected. Unless otherwise provided in the specific sale conditions, any formality for cancellation will be carried out at the expense of the winning bidder.
7. Buyer’ s Premium The compensation due to the Mandatario will be exclusively borne by the buyer and indicated with the wording Buyer’s Premium. It will be calculated on the award amount of the asset, according to the methods indicated in the specific sale conditions.
8. Charges The buyer will bear the notarial charges, statutory taxes and all expenses related to the sale, fiscal and non-fiscal. Communication regarding the exact amount of charges and their correct specification must be made by the Principal as soon as possible.
The Principal must provide in this regard, taking into account the tax regime of the operation and any benefits that the buyer intends to use. The Principal will be called, therefore, to verify whether the operation is subject to VAT or registration tax and to specify, if the conditions exist, whether it intends to use the reverse charge.
At the end of the sale, the Mandatario will finally request the winning bidder whether they intend to use the first home benefit or other tax benefit and inform the Principal accordingly, so that it can calculate the exact amount that the buyer will be required to pay in terms of taxes.
The winning bidder must pay the expenses within and not beyond the terms indicated in the specific sale conditions.
9. Deposit Participation in the auction is conditional upon the payment of a mandatory deposit defined in the specific sale conditions.
Before being enabled to participate in the auction, participants must pay the amount set above by bank transfer or, where provided in the specific conditions, by credit card through the platform. Payments must be made as established in the specific sale conditions.
The deposit must be strictly credited before the auction deadline.
For payment by bank transfer, it is recommended to make a BIR type transfer (high-value transfer)
If auction participants do not win any asset, the deposit will be returned within 20 working days from the award, without interest.
In case of awarding one or more lots, the deposit will be returned after the buyer has completed the transfer of ownership of the real estate purchased at auction by notarial deed, upon authorization provided by the Principal. In this case, the deposit may be retained both to cover any charges attributable to the Procedure, at the discretion of the Principal, and to cover any other services provided by the Mandatario.
In case of payment of the deposit by credit card, the deposit will be collected on the Mandatario's current account, which will return the amount so retained according to the methods described above.
If the buyer wins at least one lot at auction, it will be at the discretion of the Mandatario, in agreement with the Principal, to deduct the deposit from the total amount owed by the buyer.
If, in case of award, after paying the deposit, the bidder does not complete the purchase within the terms established in the specific sale conditions, both as award price and Buyer's Premium and any additional charges, the sale will be automatically resolved and the deposit will be retained as compensation for damages.
10. Payments The provisional winning bidder of one or more lots is required to comply with the specific auction conditions where the terms for payment of both the awarded lots and the Buyer's Premium due as well as additional charges will be specified, and the relevant compensation clauses in case of non-compliance with the aforementioned conditions.
All payments must be made in full exclusively by bank transfer, unless otherwise provided in the specific conditions. The details will be specified upon receipt by the user of the provisional award confirmation.
In the event that payment of the amounts due is not completed within the established terms, in agreement with the Principal, the sale will be automatically resolved and the deposit will be retained as as compensatory penalty, with consequent forfeiture of the award.
11 . Transfer of ownership
The transfer of ownership shall take place by notarial deed, appointed by the procedure, only after full payment of the award price, expenses and Buyer's Premium, unless otherwise indicated in the specific conditions of sale.
In the case of judicial sales, the Principal shall, lastly, undertake to notify the Delegated Judge so that he in turn may arrange for the cancellation of prejudicial registrations on the properties being transferred pursuant to art. 108 of the Bankruptcy Law, as indicated in art. 6.
After the deadlines provided for payments under the specific conditions of sale have expired, in the event of failure to complete the transfer of ownership, the sale shall be automatically terminated and the amount paid by the successful bidder as Buyer's Premium shall be retained by the Agent as compensatory penalty. The amount paid by the successful bidder as security deposit shall, however, be retained in accordance with the rules set out in the Security Deposit section.
12. Warranties GOBID INTERNATIONAL AUCTION GROUP S.r.l. is not liable for any missing or partial correspondence of the descriptions of the lots present in the auction or in the advertisements published on the platform.
For all matters not provided for in these general conditions or in the specific conditions, the provisions contained in the Terms of Use of the website
www.gobidreal.it shall apply.
The registered user is aware of the possible issues, both objective and subjective, arising from the use of an online auction or online advertisement carried out via the internet, for which GOBID INTERNATIONAL AUCTION GROUP S.r.l. cannot be held liable.
GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall not be liable for direct and/or indirect damage or liability, except in cases of its own wilful misconduct or gross negligence. Under no circumstances GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall be liable for: direct actions of the user that may cause damage or malfunction of the system, unavailability of display and/or use of www.gobidreal.it, unlawful use of www.gobidreal.it, any event after the conclusion of the auction.
For all matters not expressly provided for in these general and specific conditions, reference is made to the rules of the Italian Code of Civil Procedure and the Bankruptcy Law.
The sale of real estate is understood to be forced (Art. 2919 Italian Civil Code). It is ordered for goods seen and liked in the factual and legal state in which they are located. In a forced sale, no warranty for defects of the thing applies. It cannot be challenged on grounds of damage. (Art. 2922 Italian Civil Code).
Any liability on the part of the Agent regarding the existence of third-party rights over the goods subject to sale is excluded (Art. 2920 Italian Civil Code).
The sale of real estate takes place in the factual and legal state in which they are located, with any appurtenances, accretions, rights and actions, active and passive easements. The sale is by lump sum and not by measure, and without any warranty for defects or other lack.
ABUSES, VIOLATIONS, ENCUMBRANCES, COMPLIANCE WITH CURRENT REGULATIONS
For further information regarding any abuses, violations, encumbrances or non-compliance with current regulations of the lots for sale, please refer to the attached appraisal.
The lots are sold as seen and liked in the state in which they are located.
Viewing of the lots in auction is strongly recommended, GOBID INTERNATIONAL AUCTION GROUP S.r.l. or the Principal decline any liability for any errors, omissions and inaccuracies in the photos, descriptions and any other detail indicated in the auction or in the advertisements, for this reason viewing of the lots is strongly recommended in order to verify the actual condition of the goods in auction. No warranty is given by GOBID INTERNATIONAL AUCTION GROUP S.r.l. or by the Principal
By accepting these conditions, the buyer indemnifies GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal from any warranty or third-party claim.
GOBID INTERNATIONAL AUCTION GROUP SRL shall not be liable for direct and/or indirect damage or liability, except in cases of its own wilful misconduct or gross negligence.
Under no circumstances GOBID INTERNATIONAL AUCTION GROUP SRL shall be liable for: direct actions of the user that may cause damage or malfunction of the system, unavailability of display and/or use of www.gobidreal.it, unlawful use of www.gobidreal.it.
GOBID INTERNATIONAL AUCTION GROUP SRL may not, under any circumstances, be held liable for any system malfunctions that in any way may impair 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 due to technical problems connecting to the system caused by server or network malfunctions, or at its unfettered judgment for different reasons.
The recordings present in the log file generated by the system shall constitute full and exclusive evidence among all parties to this procedure, regarding the content and timing of 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 shall 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.gobidreal.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.
