GENERAL TERMS AND CONDITIONS
Table of Contents:
- Art. 1 Definitions
- Art. 2. Applicability:
- 2.2. Specific Conditions
- Art. 3 Publication of auctions
- Art. 4 Auction procedure
- 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, based in Milan, Via P.O. Vigliani, 19, VAT No. - Tax Code 09441470961, authorized to conduct auction sales under Licence No. 13/2008 issued by the Police Commissioner of Milan on 9/04/2008.
- Gobid.it: Trademark registered as the property of 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: An item or group of items available for sale in an Auction
- Registered user: A user registered on www.gobid.it
- Auction registration: Authorization requested by the registered user to participate in an individual Auction
- Bidder Number: Identification number of the Registered user
- General Conditions: these terms and conditions
- Specific Conditions: Terms and conditions specific to the Auction
- Deposit: Amount to be paid to participate in the Auction, where indicated.
- Starting Price: Starting price of the individual lots
- Reserve price: Minimum price which, once 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 place a bid.
- EXTRA-TIME: Extension of the auction duration to allow additional bids.
- Award: Declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a lot is 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 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. Specific Conditions
These terms and conditions apply unless otherwise specified in the Specific Conditions for each individual AUCTION.
3. Publication of auctions
Auctions will be published on the website www.gobid.it, specifying the dates on which they will be held 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 greater detail 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 acknowledges that objective and subjective issues may arise 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 cause damage to or malfunction of the system, inability to view and/or use www.gobid.it, unlawful use of www.gobid.it, or any event occurring after the auction has ended.
Furthermore, any matters not covered by these general terms and conditions shall be governed by the provisions contained in the Terms of Use of the website www.gobid.it.
5. Participation in the auction
To participate, the registered user must register for each individual AUCTION and expressly accept its General Conditions and Specific Conditions.
The details entered by the user when registering on the website will be the details to which the award may be assigned.
All payments requested must be made by the parties 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 until authorized by GOBID INTERNATIONAL AUCTION GROUP SRL . Authorization will be granted by GOBID INTERNATIONAL AUCTION GROUP SRL only after the deposit has been received. If applicable, the deposit payment instructions will be indicated in the Specific Auction Terms.
If auction participants do not win any items, the security deposit will be returned within 20 working days of the auction closing date, without interest.
If one or more lots are won, the security deposit will be returned after the buyer has collected the items purchased at auction, settled any payments for additional services, or completed the purchase of the items bought at auction, including completion of the administrative procedures required for the sale, subject to authorization from the Principal. In such cases, the security deposit may be withheld to cover any charges for the occupation of spaces and areas related to the Proceedings or other expenses, at the Principal's discretion.
If the security deposit is paid by credit card and the user wins one or more lots, the deposit will be credited to the account of GOBID INTERNATIONAL AUCTION GROUP SRL , which will return the amount withheld only after the user has collected the items or completed the purchase of the items bought at auction, including completion of the administrative procedures required for the sale
The security deposit will be withheld if the general payment terms for the lots won are not complied with.
6. Submission of Bids
Bids to purchase lots may be submitted by the registered user, who may be authorized to participate, on the page for each individual lot 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 are found with the General Terms and Specific Terms.
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. The user must then place another static bid to win the lot.
If the registered user places a maximum bid (proxy bid), it will remain valid until it is outbid by another user's bid that exceeds the maximum bid. Bids will be placed automatically based on the minimum increments indicated, to outbid other bids submitted until the entered amount is reached.
Bids will be considered valid only if submitted during the auction. If bids are received in the 5 minutes before the auction closes, the time available for placing further bids will be extended by the period indicated in the Specific Terms of each auction.
6.1. Open Bidding
In an auction with open bidding, the user may bid the amount indicated or increase it by the recommended minimum increment using the relevant controls, or 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. The user must then 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 awarding of lots will begin and will last a maximum of 48 working hours, unless otherwise specified in the Specific Terms. 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 award of lots even before the auction closes, at its sole discretion or if a reasonable and confirmed bid is submitted.
The award is subject to receipt of the security deposit
If the successful bidder fails to pay the purchase price within the established time limits, the award will be made to the next highest bidder.
Bids placed are binding and constitute a formal commitment to purchase. If the award to the highest bidder is revoked, it will be assigned successively to the next highest bidder.
8. Payment and collection
The registered user who is the successful bidder for one or more lots must comply with the specific auction conditions, which will set out the deadlines for payment and collection and the corresponding compensation clauses in the event of failure to comply with those conditions.
Should payment of the amounts due not be completed within the established time limits, the sale will automatically be deemed terminated and the security deposit will be retained as compensation by way of a penalty, with the consequent revocation of the award,in agreement with the principal. Any damage found following collection of the lots awarded will be borne entirely by the buyer.
Collection operations must be carried out in compliance with the safety regulations established by law, under the responsibility of the buyer/successful bidder, who must ensure compliance, including with regard to any third parties and/or contractors engaged in the aforementioned operations.
The Agent declines all responsibility in this regard, as it merely carries out an assignment aimed at the competitive sale of the assets covered by the Proceedings.
In the case of exports by customers outside the European Union, in accordance with Italian law, the bodies responsible for the Proceedings may require payment of the VAT due on the lots awarded in order to avoid penalties for failure to remit VAT.
The amount will be withheld until the goods have been exported and refunded upon presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for any discrepancies or partial discrepancies in the descriptions of the lots offered at auction. The specific Terms and 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 terms and conditions shall be governed by the provisions contained in the Terms of Use of the website www.gobid.it.
Any matters not expressly provided for in these general and specific terms and conditions shall be governed by the provisions of the Code of Civil Procedure and the Business Crisis and Insolvency Code.
The 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 disclaim all responsibility for any errors, omissions or inaccuracies in the photographs, descriptions, quantities or any other details stated 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 terms and conditions, the buyer holds GOBID INTERNATIONAL AUCTION GROUP SRL and the seller harmless 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; unavailability of access to and/or use of www.gobid.it; or 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 impair 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 procedure may be suspended and/or postponed due to technical connection problems caused by malfunctions of the server or network, or for other reasons at its sole discretion.
The system records contained in the log file generated by the system shall constitute full and exclusive evidence between all parties to this procedure regarding the content and timing of documents/messages exchanged electronically. Users who register declare and acknowledge that the system records constitute full evidence of the relationship between them. Such records 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 covered by these terms and conditions, the provisions contained in the terms of use of the website www.gobid.it shall apply.
In the event of any disputes concerning the interpretation of the provisions contained in the general and specific terms and conditions set out 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
