18942: Crockery - Bank 68/2021 - Perugia Law Court - Sale 4


Table of contents

Art. 1 Definitions
Art. 2.Applicability
            2.2. Specific Terms
Art. 3 Auctions Publication
Art. 4 Auction Execution
Art. 5 Auction Participation
Art. 6.Offers presentation
Art  6.1 Free Bid Auction
Art. 7. Lots awarding process
Art. 8. Payment and Collection
Art. 9. Guarantees
Art.1 Definitions:
GOBID INTERNATIONAL AUCTION GROUP SRL :company having headquarters in Milan, Via P.O. Vigliani , 19, VAT N. 09441470961 , authorized to auction sale by license released on  9/04/2008 by Questore di Milano n.13/2008.
Gobid.it:registered trademark by GOBID INTERNATIONAL AUCTION GROUP SRL 
www.gobid.it:website managed by GOBID INTERNATIONAL AUCTION GROUP SRL  for commission sale goods
AUCTION: on-line sale published on WWW.GOBID.IT
LOT: One or more goods available for sale,  included in the AUCTION
REGISTERED USER:User registered to www.gobid.it
auction registration: User authorization request for participation in a single AUCTION
BIDDER NUMBER: Registered User’s Identification number
GENERAL TERMS: the present terms and conditions
SPECIFIC TERMS: Specific terms and conditions of a single auction
DEPOSIT:  Amount to be paid in order to participate in an auction, where indicated.
STARTING PRICE: Single lots starting price
RESERVE PRICE:  Smallest price to be reached in order to authorize the lot sale.
CURRENT PRICE: Current price of the lot
SINGLE BID: minimum overbid confirmed by the user in order to increase the current price of the lot
MAXIMUM BID (proxy bid): Maximum price the user is willing to pay in order to award the lot.
MINIMUM OVERBID:  Preset amount of money to be added to the current price in order to confirm the bid.  
EXTRA-TIME:  Extension of the auction timing for offer presentation.
AWARDING: GOBID INTERNATIONAL AUCTION GROUP SRL  statement attesting that a lot has been sold to the highest bidder.
SELLING PRICE:  Lot AWARDING price confirmed after the auction deadline
BUYER’S PREMIUM: Percentage calculated on the taxable selling price indicated in the AWARDING statement  
2. Applicability:

The present terms have to be applied to www.gobid.ituse, specifically, to the auction publication and execution and  to terms and conditions of users’ participation.
2.2. Specific terms
The present terms are always applicable apart from different instructions provided in the Specific Terms of every single AUCTION
3 Auction publication:
Auctions will be published on www.gobid.it. With auction publication, lots catalogues and auctions timing will be also provided.
4. Auction execution:

As mentioned, every auction will be published on www.gobid.it. Terms and conditions will be indicated in SPECIFIC TERMS. GOBID INTERNATIONAL AUCTION GROUP SRL  reserves the right to cancel, extend or interrupt the auction according to its sole discretion.
Registered user is aware of possible problems, both objective and subjective, deriving from participation in an on-line auction. With regard to these problems, GOBID INTERNATIONAL AUCTION GROUP SRL cannot be considered responsible.
GOBID INTERNATIONAL AUCTION GROUP SRL  does not answer to any direct or indirect damages or responsibilities apart from fraud or gross negligence. In any case GOBID INTERNATIONAL AUCTION GROUP SRL  does not answer to: user's direct actions which may cause damages, wrong system operation, website use and/or display unavailability, website abuse or any event which may happen after the auction deadline.

Moreover, concerning issues not provided in the present general terms, the user has to adopt specifications stated in   www.gobid.it  “Conditions of Use” .
5. Auction participation:

  In order to take part in an auction the user is obliged to register to any single AUCTION, agreeing with both General and Specific terms and condition.

The user’s/subscriber’s personal details entered during registration process on the site shall be the same to whom the lots shall be adjudicated to. All required payments shall be settled by the registered user registered to the single auction .  Any eventual mandates or proxies shall not be taken into consideration prior to Consignor’s authorisation.

In case a deposit may be required, registered user will be allowed to participate only under GOBID INTERNATIONAL AUCTION GROUP SRL  authorization. Such permission will be provided by GOBID INTERNATIONAL AUCTION GROUP SRL  only after reception of deposit payment. Where applicable, payment procedures and modes will be indicated in the Auction Specific Terms.

In case users who participated will not award any lot, the deposit will be refunded within 20 working days from the auction deadline, with no interests applied.

In case of awarding of one or more lots , the deposit will be refunded after the buyer will complete the collection of the purchased lots, will pay possible additional service costs,  or will finalise the purchase of the lots bought in auction, with the completion of bureaucratic practices, prior to Principal authorization. In such case the deposit can be blocked in order to cover possible expenses deriving from occupation of room ascribable to the Bankruptcy Receiver/Seller or other expenses , at Principal discretion.

In case of deposit payment via credit card and awarding of one or more lots , deposit will be credited on GOBID INTERNATIONAL AUCTION GROUP SRL   account and will be refunded only after the user will complete the collection operations or will finalise the purchase of the lots bought in auction

Deposit will not be refunded in case of lack of compliance with general terms of payment of awarded lots.

6. Bidding procedure:
Registered users authorized to participate are allowed to submit bids only in the ”Lot Details” section of the website.
Bids are always bound to matching control with indicated prices and overbid conditions. In case  inconsistencies with general and specific terms and conditions will be noted, GOBID INTERNATIONAL AUCTION GROUP SRL  reserves the possibility to cancel a bid.

There are two kinds of bids, static and dynamic (proxy bid).
Static bid is a fixed price bid.
Dynamic maximum bid (proxy bid) may be considered as a dynamic price bid, not visible to other users.
A static bid entered by a user may be  exceeded by other users bids.  At this point the user, in order to award the lot,  has to enter a new static bid.
On the other hand, a dynamic bid will be valid until other higher maximum bids will exceed it.  In such cases, overbids will be automatic and based on the smallest values indicated.

Bids will be valid only if submitted during the specified auction timing.  In case bids will be submitted within 5 minutes before the auction deadline , the time to place other bids will be extended for the timing value indicated in the Specific Terms of every single auction.

6.1 Free Bid Auction
In case of Free Bid auction the user can bid the amount indicated or raise it by the overbid suggested  with the cursors. The users can also type the amount they would like to bid. Confirmed bids will be irrevocable.
When the user confirms a bid, the latter can be exceeded by other users. The user at this point needs to present another bid in order to be the highest bidder and be considered for awarding. 
7. Lots awarding process.
Whenever an auction ends, a preliminary stage will start. Such phase will have a maximum duration of 48 working hours, except from different instructions indicated in the specific terms. Afterwards the highest bidder will be notified of the provisional awarding.
GOBID INTERNATIONAL AUCTION GROUP SRL  reserves the right to suspend the auction or the lots awarding process before the auction ending time, both at its sole discretion and also in case of a fair and confirmed bid or external offer submission.

Awarding is bound to actual reception of deposit.

In case the user who award the lots will not pay the amounts due within the terms agreed, the awarding will be conferred to the next highest bidder.
Bids are binding and constitute a formal commitment to purchase. In case the awarding to the highest bidder will be canceled , awarding will be conferred to the next highest bidder and so forth. 

The principal, as responsible for the sale procedure, may decide to adopt the faculty of art. 107 clause 4 L.f. (Bankrtupcy Law) and suspend the sale in case of reception of an irrevocable ameliorative purchase offer for an amount not lower than ten per cent of the price offered.

8. Payment and collection
The user who awarded one or more lots must follow the auction Specific Terms and conditions, where specific modes about payment and collection will be indicated, as well as related clauses concerning refunds in case of failure to comply with the mentioned condition.In case the payment of amounts due will not be credited within payment terms agreed, the sale will be canceled and the deposit will not be refunded, with subsequent awarding loss, in accordace with seller/and or bankruptcy receiver. Damages deriving from collection will be on buyer's expense.
Collection operations must be conducted with full compliance to safety norms as by law, under the responsibility of the buyer/awarding user, which will have to proceed as such, as well as in case of any third subject and or/ collaborator employed in the above mentioned activities.
The agent declines any responsibility in this regard since mere executor of an assignment aimed to the competitive sale of the Procedure goods.

In case of export by non EU customers, within the respect of Italian Law, the Procedure Bodies may require the payment of the amount corresponding to VAT to be paid on awarded lots in order to avoid fees concerning the lack of VAT payment. Such payment will be held until the actual export of the good will take place and will be returned upon presentation of related documents.

9. Guarantees

GOBID INTERNATIONAL AUCTION GROUP SRL  is not responsible for any matching lack between the lots description present in the auction and the lots as they lie. All detailed information related to single auctions and lots will be indicated in the Specific Terms section published in every auction.  
Moreover, concerning issues not provided in the present general terms, the user has to adopt specifications stated in   www.gobid.it  “Condition of Use” .
For everything not indicated in the present general and specific terms , please refer to c.p.c and Legge Fallimantare norms
All lots are sold as is.
GOBID INTERNATIONAL AUCTION GROUP SRL  and/or the seller decline any responsibility conerning faults in pictures, descritpions, quantities and any other details indicated in the catalogues. No warrany is given by GOBID INTERNATIONAL AUCTION GROUP SRL  or by the Seller therefore Lots viewing is strongly reccomended in order to compare the actual condition of the lots with the above mentioned details.

The buyer, by accepting the present conditions exempts GOBID INTERNATIONAL AUCTION GROUP SRL  and/or the seller from any responsibility and from any guarantee or third party’s pretention.

GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for direct and/or indirect liability unless they are guilty of fraud or serious misconduct.
GOBID INTERNATIONAL AUCTION GROUP SRL do not respond to: direct actions of the user that may cause damage or malfunction to the system, unavailability of visualisation and/or use of www.gobid.it, illicit use of www.gobid.it,
GOBID INTERNATIONAL AUCTION GROUP SRL shall under no circumstances be held liable for any malfunctions in the system that in any way may affect or delay the delivery of communications to subject being registered.
The competitive procedure, at the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL in accordance with the Seller/Principal, may be suspended and/or postponed either due to technical problems linked to the system, depending on server or network malfunctions, or its unquestionable judgment for different reasons.
In any case,  GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for failure to participate in proceedings by person who is registered or for inability to continue participation for person who is registered for reasons independent from servant and from infrastructures of GOBID INTERNATIONAL AUCTION GROUP SRL, nor for any malfunction or defect in connectivity services required to reach the system through public telecommunications network.
They constitute a full and exclusive proof of all parts of this procedure, with regard to content and time of electronic documents/messages, recordings on log file generated by system. Registered subjects declare and acknowledge that system logs produce fully proof of relationships between them. Such registrations shall be confidential and shall not be disclosed to third parties, except as expressly provided or by Judicial Authority.
Anything not provided in this announcement will be subject to terms of use of website www.gobid.it.

In case of insurgency of  any controversy related to the interpretation of the dispositions included in the general and specific terms present in the website  translated in different languages, it will be applied the Italian language version of such texts

Where not indicated, the time present in the specific terms and on the platform, referes to the time zone indicated in the server time published on the website.

Gobid.it is a registered trademark by: GOBID INTERNATIONAL AUCTION GROUP SRL

Head Office: Via P.O.Vigliani, 19 - 20148 Milano (MI)

Operating Headquarters: Via Merloni, 17/U - 62024 Matelica (MC)

tel: 0039.02.86882269 - fax: 0039.0737.786198 - email: info@gobid.it