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 Open 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, authorised to conduct auctions under Licence No. 13/2008 issued by the Police Commissioner of Milan on 9/04/2008.
- Gobid.it: Trademark owned and 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 behalf of clients
- 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: Authorisation requested by the registered user to participate in an individual Auction
- Bidder Number: Identifier 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 specified.
- Starting Price: Starting price of each lot
- Reserve Price: Minimum price which, once reached, authorises 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 intends to pay for the lot
- Minimum Bid 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 further 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 upon 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 provided in the Specific 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 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 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 shall not 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 conclusion of the auction.
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 Terms and Conditions and Specific Conditions.
The details entered by the user during website registration will be the same details to which the award may be attributed.
All required payments must be made by the parties registered for the individual auctions. Any powers of attorney or authorizations may be considered subject to the Principal's prior authorization.
If a deposit is required to participate in the auction, the registered user will not be authorized to participate without prior authorization from GOBID INTERNATIONAL AUCTION GROUP SRL . Authorization will be granted by GOBID INTERNATIONAL AUCTION GROUP SRL only after the deposit has been received. The payment methods for the deposit, where applicable, will be indicated in the Specific Auction Terms.
If auction participants do not win any assets, the security deposit will be refunded within 20 business days of the auction closing date, without interest.
If one or more lots are won, the security deposit will be refunded after the buyer has collected the assets purchased at auction, paid any additional service charges or completed the purchase of the assets acquired 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 retained to cover any charges for the use of spaces and areas attributable 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 charged to the account of GOBID INTERNATIONAL AUCTION GROUP SRL , which will refund the amount withheld only after the user has collected the assets or completed the purchase of the assets acquired at auction, including completion of the administrative procedures required for the sale
The security deposit will be retained if the general payment terms for the lots won 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 correspond to the stated prices and bidding increment conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if any discrepancies with the General Terms and Specific Terms 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, not visible to other users.
When the registered user places a static bid, it may be outbid by another user's bid. At that point, the user must 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 exceeded by a bid from another user that is higher than the maximum bid. Bids will be placed automatically based on the stated minimum increments, with the aim of outbidding other bids submitted until the amount entered is reached.
Bids will be considered valid only if submitted during the auction period. If bids are received within the 5 minutes preceding the end of the auction, the time available for placing further bids will be extended by the duration specified in the Specific Terms of each individual 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 sliders, or may enter the amount they wish to bid directly.
Confirmed bids will be considered irrevocable.
When the registered user places a bid, it may be outbid by another user's bid. At that 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 lot-award review process will begin and will last no more than 48 business hours, unless otherwise specified in the Specific Terms. Once the review process is complete, the highest bidder will be notified that they have won the lot.
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 subject to receipt of the security deposit
If the successful bidder fails to pay the sale price within the established time limits, the award will be made in favour of 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 made successively to the next highest bidder.
The Principal, in its capacity as the party responsible for the sale procedure, may exercise the right provided for in Article 107, paragraph four, of the Bankruptcy Law and suspend the sale upon receipt of an irrevocable purchase offer that is at least ten per cent higher than the price offered.
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 payment and collection deadlines and the related 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 automatically be deemed terminated 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 following collection of the awarded lots shall be entirely borne by the purchaser.
Collection operations must be carried out in compliance with the safety regulations prescribed by law, under the responsibility of the purchaser/successful bidder, who must ensure compliance in this regard, including by any third parties and/or collaborators involved in those operations.
The Agent disclaims all liability in this regard, as it is merely carrying out an assignment intended to conduct the competitive sale of the assets relating to the Proceedings.
If customers outside the European Union export goods, the bodies responsible for the Proceedings may, in accordance with Italian law, 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 goods have been exported and refunded upon presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for descriptions of the lots listed in the auction that are inaccurate or incomplete. The specific conditions will be published for each auction, detailing all information relating to the auction itself and the lots.
Furthermore, any matters not provided for in these general conditions shall be governed by the provisions of the Terms of Use of the website www.gobid.it.
Any matters not expressly provided for in these general and specific conditions shall be governed by the provisions of the Code of Civil Procedure and the Bankruptcy Law
Lots are sold as seen and in their current condition.
Inspection of the lots at auction is strongly recommended. GOBID INTERNATIONAL AUCTION GROUP SRL or the seller disclaim all 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 being auctioned.
No warranty is given by GOBID INTERNATIONAL AUCTION GROUP SRL or the seller.
By accepting these conditions, the purchaser 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; inability to view and/or use www.gobid.it; or unlawful use of www.gobid.it.
In no event may GOBID INTERNATIONAL AUCTION GROUP SRL be held liable for any system malfunctions that may in any way hinder or delay the delivery of communications to the registered user.
At the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL and in agreement with the Principal, the competitive procedure may be suspended and/or postponed due to technical connection problems arising from server or network malfunctions, or, at its sole discretion, for other reasons.
The records contained in the log file generated by the system constitute full and exclusive evidence between all parties to this procedure with regard to the content and timing of documents/messages exchanged electronically. Registered users declare and acknowledge that system records constitute full evidence of the relationship 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 covered by these terms, the provisions contained in the website terms of use at www.gobid.it shall apply.
In the event of any disputes concerning the interpretation of the provisions contained in the general and specific terms 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 on the platform refer to the time zone indicated by the server time published on the website
