GENERAL TERMS AND CONDITIONS
Table of Contents:
- Art. 1 Definitions
- Art. 2. Applicability:
- 2.2. Specific Terms and 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
- Gobid.it: 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 consignment
- Auction: Online sale of goods published on www.gobid.it
- Lot: Item or group of items available for sale in an Auction
- Registered User: User registered on www.gobid.it
- Auction registration: Authorization requested by the registered user to participate in a specific Auction
- Bidder Number: Identification number of the Registered User
- General Terms and Conditions: these terms and conditions
- Specific Terms and Conditions: Specific terms and conditions of the Auction
- Deposit: Amount payable to participate in the Auction, where indicated.
- Starting Price: Starting price of the individual lots
- Reserve Price: Minimum price which, when reached, 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 is willing to pay for the lot
- Minimum Increment: Predetermined amount that must be added to the current price in order to submit a bid.
- EXTRA-TIME: Extension of the auction period to allow additional 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 at the time of the 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. Special Conditions
These terms and conditions apply unless otherwise specified in the Special Conditions for each individual AUCTION.
3. Publication of auctions
Auctions will be published on the website www.gobid.it, indicating the dates on which they will take place and the catalogue of lots.
4. Conduct of the Auction
Each individual auction will be published on www.gobid.it, with the terms and conditions set out in more detail in the Special Conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel, extend or interrupt the auction at its sole discretion.
The registered user acknowledges 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 any 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; unavailability of access to and/or use of www.gobid.it; unlawful use of www.gobid.it; or any event occurring after the auction has ended.
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 Conditions and Special Conditions.
The details entered by the user when registering on the website will be those to which the award may be granted.
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 authorisation.
If a deposit is required to participate in the auction, the registered user will not be authorized to participate unless authorized by GOBID INTERNATIONAL AUCTION GROUP SRL . Authorization will be granted by GOBID INTERNATIONAL AUCTION GROUP SRL only once the deposit has been received. The payment methods for the deposit, where applicable, will be specified in the Specific Auction Conditions.
If auction participants do not win any goods, the security deposit will be refunded within 20 business days of the auction closing date, without interest.
If one or more lots are awarded, 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 acquired at auction, including the completion of 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 charges for the occupation of spaces and areas attributable to the Procedure or other expenses, at the Principal's discretion.
If the security deposit is paid by credit card and the user is awarded one or more lots, the deposit will be charged to the bank 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 acquired at auction, including the completion of the administrative procedures required for the sale
The security deposit will be retained if the general payment deadlines for the awarded lots are not met.
6. Submission of Bids
Bids for lots may be submitted by the registered user, who may be authorized to participate, on the individual lot page available at www.gobid.it.
Bids will always be subject to verification that they comply with the stated prices and bidding conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if any discrepancies with the General Conditions and Specific 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.
When a registered user places a static bid, it may be outbid by another user's bid. At this point, the user must place another static bid to win the lot.
If a registered user places a maximum bid (proxy bid), it will remain valid until it is exceeded by a bid from another user that is higher than the maximum bid. Bids will be placed automatically based on the minimum increments specified, with the aim of exceeding other bids submitted, up to the amount entered.
Bids will be considered valid only if submitted during the auction period. If bids are received in the 5 minutes preceding the end of the auction, the time available for placing further bids will be extended by the time period specified in the Specific Conditions of each individual auction.
6.1. Open Bidding
In auctions with an open-bid format, the user may bid the amount shown or increase it by the recommended minimum increment using the appropriate controls, or may enter the amount they wish to bid directly.
Confirmed bids will be considered irrevocable.
When a registered user places a bid, it may be outbid by another user's bid. At this point, the user must place another static bid to become the highest bidder and compete to win the lot.
7. Awarding of Lots
At the end of the auction, the review phase for the provisional award of the lots will begin and will last a maximum of 48 business hours, unless otherwise specified in the Specific Conditions. At the end of the review phase, the highest bidder will be notified of the provisional award.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to suspend the auction or the awarding of lots even before the auction ends, at its sole discretion or if a reasonable and confirmed bid is submitted.
The award is conditional upon receipt of the security deposit
If the successful bidder fails to pay the purchase price within the established time limits.
the award will be declared forfeited and the amounts paid (Security Deposit and Buyer’s Premium) will be retained as a penalty.
Bids submitted are binding and constitute a formal commitment to purchase. If the award to the highest bidder is forfeited, 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 set out the time limits for payment and collection, as well as the relevant compensation clauses in the event of failure to comply with those conditions.
If payment of the amounts due is not completed within the established time limits, the sale will be automatically rescinded and the security deposit will be retained as liquidated damages, with the consequent forfeiture of the award,in agreement with the client. Any damage found upon collection of the awarded lots will be borne entirely 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/successful bidder, who must take the necessary measures in this regard, including with respect to any third parties and/or staff involved in the aforementioned operations.
The Agent accepts no liability in this regard, as it merely carries out an assignment aimed at the competitive sale of the assets relating to the Proceedings.
For exports to customers outside the European Union, in compliance with Italian law, the authorities responsible for 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 retained until the export has taken place and refunded upon presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for any failure to correspond, or partial correspondence, between the descriptions of the lots offered at auction and the actual items. The Specific Conditions will be published for each auction and will provide all information relating to the auction and its lots.
Furthermore, any matters not covered by these general conditions will be governed by the provisions contained in the Terms of Use of the website www.gobid.it.
Lots are sold as seen and accepted in their current condition.
Inspection of the lots offered at auction is strongly recommended. GOBID INTERNATIONAL AUCTION GROUP SRL or the seller accepts no 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 damages, 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 cause damage to or malfunction of the system; the unavailability of access to and/or use of www.gobid.it; or the unlawful use of www.gobid.it.
Under no circumstances may GOBID INTERNATIONAL AUCTION GROUP SRL be held liable for any system malfunctions that may in any way prejudice 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 sale may be suspended and/or postponed due to technical connection problems with the system caused by server or network malfunctions, or for other reasons at its sole discretion.
The records contained in the log file generated by the system shall constitute full and exclusive evidence between all parties to these proceedings regarding the content and timing of documents/messages exchanged electronically. Registered users 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 pursuant to an order of the Judicial Authority.
Any matters not covered by these conditions will be governed by the provisions contained in the Terms of Use of the website www.gobid.it.
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
