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 manager of the online auction website http://www.gobid.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT No. - 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 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 achievement 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 that the user intends to pay for the lot
- Minimum increment: Pre-established amount to be added to the current price in order 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 moment 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, to the conduct of the Auction as well as to the terms and conditions of participation of users.
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 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 indicated 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 issues, both objective and subjective, arising from the use of an online auction conducted via 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 cases of wilful misconduct or gross negligence on its part. Under no circumstances GOBID INTERNATIONAL AUCTION GROUP SRL is 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
The registered user, in order to participate, is required to register for each individual AUCTION, expressly accepting its General Conditions and Specific Conditions.
Data entered by the user during registration on the site will be the same as those to which the award may eventually be attributed.
All requested payments must be made by the 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 the deposit has been received. The methods for paying the deposit, if any, will be indicated in the Specific Conditions of the auction.
If auction participants do not win any asset, the deposit will be returned within 20 business days from the final deadline of the auction, without interest.
If one or more lots are awarded, the security deposit will be returned 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, including handling 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 related to the Procedure or other expenses, at the Principal's discretion.
If the security deposit is paid by credit card and one or more lots are awarded to the user, 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 collected the goods or completed the purchase of the goods 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 awarded lots.
6. Submission of Bids
Purchase bids for 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 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. Bids will be automatic based on the indicated minimum values, aimed at exceeding the other bids submitted up to reaching the entered amount.
Bids will be considered valid only if submitted during the auction period. If bids are received in the 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 bidding the user may bid the amount equal to the indicated amount or increase it by the recommended minimum bid increment using the appropriate sliders, or may directly enter the amount they wish 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 be the highest bidder and compete for the award of the lot.
7. Award of lots
At the end of the auction, the evaluation phase for the provisional award of the lots will begin and will last a maximum of 48 business hours, unless otherwise provided in the specific conditions. At the end of the evaluation phase, communication of the provisional award will be given 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 sole discretion and if an adequate and confirmed bid is submitted.
The award is conditional upon actual 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 should lapse, it will be assigned, until awarded, 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, which will specify the terms for payment and collection and the related compensation clauses in the event of non-compliance with the aforementioned conditions.
In the event that payment of the amounts due is not completed within the established terms, the sale shall be automatically terminated and the security deposit shall 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 shall be entirely borne by the buyer.
Collection operations must be carried out in compliance with the safety regulations laid down by law, under the responsibility of the buyer/winning bidder, who must ensure this, also with reference to any third parties and/or collaborators employed in the aforementioned operations.
The Agent declines all responsibility in this regard, as mere executor of an assignment aimed at the competitive sale of the assets relating to the Procedure.
In the case of export for clients 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 retained 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 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 provisions of the Italian Code of Civil Procedure and the Italian Insolvency Code.
The lots are sold as seen and approved 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 assets 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 from any warranty or third-party claim.
GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for direct and/or indirect damages or liabilities except in cases of willful misconduct or gross negligence on its part.
Under no circumstances GOBID INTERNATIONAL AUCTION GROUP SRL shall be 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 may in any way 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 dependent on server or network malfunctions, or at its unquestionable judgment for other reasons.
The system-generated log file records shall constitute full and exclusive evidence between all parties to this procedure, regarding the content and timing of documents/messages exchanged electronically. The persons who register declare and acknowledge that system records constitute full evidence of the relationships 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 all matters not provided for in these terms, the provisions contained in the terms of use of the website www.gobid.it shall apply.
In the event of any disputes regarding the interpretation of the provisions contained in the general and specific terms 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 terms and on the platform refer to the time zone indicated in the server time published on the site
