SPECIFIC TERMS AND CONDITIONS

Auction timing: 

Starts: mar. 28/11/2023 heures 16:00
Ends: mer. 20/12/2023 heures 16:00

Viewing conditions:

Viewing time:

by appointment
 

Payment condition: 

Deposit 

The auction is subject to a specific deposit for each single lot.
 
The deposit must be paid through:
 
bank transfer to the following bank account:
 
BANCO DE SABADELL, S.A

IBAN : ES24 0081 0682 4100 0189 4093
SWIFT/BIC: BSABESBBXXX

headed to: GOBID ESPAÑA S.L.
 
Reason: (auction number + lot number)
 
The deposit must be strictly credited before the end of the auction.
Once the deposit has been credited, the user will be authorized to participate in the auction.
To speed up participation in the auction, users are advised to send a scanned accounting copy of the payment with the CRO code to: info@gobid.es
 
The privileged creditors related to the real estate properties for sale in this auction are exempt from paying the deposit to participate in the auction of the lots on which they own the credit. To participate in the auction, they must send an email indicating their position and send the documentation required for participation, except for the accounting copy of the payment.
 
If the participants in the auction do not win any goods, the deposit will be returned within 20 working days from the end of the auction.
If, in the event of an award, after having paid the deposit, the bidder will not complete the purchase, said deposit will be retained.
In this case, awarding will be attributed to the following best bidder who will have made an offer of an equal amount greater than the reserve price.


Fees
 
The sale of the Lots will take place without any charges and encumbrances.
Despite this, all taxes and duties relating to the award of each lot will be borne by the successful tenderers, who will also have to assume the notary, registration and any other costs related to the awarding. In no case will the bankruptcy company bear any type of expense related to the award.
In addition, the buyer will be responsible for all suspended amounts that may exist relating to real estate taxes, the condominium fee, the increase in the value of the land (plus value) and all those accrued and unpaid taxes and expenses that weigh on the assets .

Furthermore, as a guarantee of the obligation on the payment of taxes on the increase in the value of the Land (plus value) possibly accrued, the successful tenderer must deposit no later than the date on which the deed of sale or transfer of ownership will be conferred, bank check of the amount of the capital gain in favor of the bankrupt company.
 
The order for the cancellation of charges will be issued only by the Court, once the effective accreditation of the transmission of the assets has been made by the Bankruptcy Trustee, and, in the case of assets subject to privileged credit, the payment to the privileged creditor.
 
The Bankruptcy Trustee will request the Court to cancel the charges and registrations of both foreclosures and deriving from the insolvency procedure, the cancellation costs will be borne by the successful tenderer.
 
 
Lots Awarding
 
At the end of the auction, the award must be approved by the Bankruptcy Administration.
 
Attention: the Bankruptcy Administration reserves the right to communicate the winning bid to the Court for its approval. In this case, only once the offer has been approved by the Court will the highest bidder be sent confirmation of the award with instructions for making payments within the established terms.
 
 
Participation process
 
To participate in the sale, the user must register on the www.gobid.es website, entering their personal data, requesting an auction registration, accepting its terms and conditions.
 
The data entered by the subject when registering on the site and at the auctions will be the same to which the award will eventually be attributed and to which the lots will be registered. All the required payments, before and after the sale, must be made by registered subjects. Any proxies or proxies may be taken into consideration with the authorization of the Principal.
 
The user must pay the security deposit requested by bank transfer to the bank account specified above.
 
 
The user is required to specify the auction number and the number of lots for which it is intended to participate and simultaneously send an accounting copy of the transfer made to the address info@gobid.es
 
The deposit must be strictly credited before the end of the auction.
 
In addition to crediting the security deposit, the user, in order to be authorized to participate in the auction, must provide the following documents by sending them to info@gobid.es
 
- IF A PHYSICAL PERSON:
 - Copy of a valid identity document of the person to whom the lot will be registered.
- If the tenderer is married under a legal partnership, the corresponding data of the spouse must also be indicated, with the sending of the relative copy of the identity document (document not binding for the purposes of authorization but required in the event of an award)
 
- IF COMPANY or ENTITIES:
- Certificate of the C.C.I.A.A. from which it results the establishment of the company and the powers conferred on the bidder
- Copy of a valid identity document of the administrator or legal representative
- Any duly legalized translation of the chamber certificate, if the company is not Spanish.
- Special power of attorney received or authenticated by the notary, in case of participation through a representative
 
 
Payment method
 
The Buyer's Premium payment must be made entirely by bank transfer using the specified details or upon registration or upon receipt by the user of the award communication (see general conditions).
 
Payment of the hammer price must be made entirely by bank transfer using the specified details or upon registration or upon receipt by the user of the hammer communication (see general conditions).
 
The successful tenderer will have to credit the bankrupt company account, which will be indicated when the award confirmation is sent, the total price of the whole together with any taxes, property transfer costs, notary writing and any cancellations from public records of charges o encumbrances, must be paid before the formalization of the public sale writing. Once all the amounts have been paid, the property will be transmitted by notarial writing, according to the procedures established by the Principal.
 
 
Payment deadline
 
The Buyer's Premium must be paid within 5 days of the award communication.
 
Payment of the hammer price must be credited within 10 days of the hammer communication.

The possibility is foreseen, prior authorization from the Bankruptcy Administration, of paying the auction price at the time of the formalization of the sale before a notary public.
 
Property transfer
 
The transfer of the property will take place through a notarial deed in the manner established by the Bankruptcy Curatorship, only after the full payment of the hammer price, the commission (Buyer's Premium) and the costs due. All costs must be assumed by the successful tenderer.

The formalization must be carried out within a maximum period of 20 days from the sending of the award confirmation, this period being extendable only by the Bankruptcy Administration.
 
Lastly, the Principal will undertake to notify the Delegated Judge so that in turn he will cancel the prejudicial entries on the properties being sold. The cost of any cancellations will be borne by the successful tenderers.
 
In the event of failure to complete the transfer of ownership, the sale will be considered automatically resolved and the amount paid by the successful tenderer as Buyer's Premium will be retained as a compensation penalty.
 
 
Additional specific terms
 
Buyer's Premium:A charge of 5.00% + 21% VAT (where applicable) will be added to the hammer price of each lot.
The commission (Buyer's Premium) will be paid by the buyer or successful bidder, whether or not this is the privileged creditor.

Lot 2 specific clause:
The property is sold together with all the elements-assets kept in it: furniture, equipment and machinery for catering, cold rooms and warehouses.

Furthermore, the lot is attached to another building and there is no separation. The successful tenderer will have to enable autonomous access and proceed with the separation. The authorization process of the division and the relative expenses, as well as the building expenses and any other expenses that may arise will be borne by the purchaser.

Goods subject to preferential credits

Privileged creditors related to the real estate for sale in this auction are exempt from paying the deposit to participate in the auction of the lots on which they hold credit.
 
The holder of the special privileged credit is given the option to transfer the award to a third.
 
The privileged creditor, in the event of an award, will be obliged to pay the corresponding Buyer's Premium.
 
Award Taxes:VAT and/or all those taxes that are applicable according to the legislation and the successful tenderer will be applied.
 
Extra-Time:if a winning bid is made in the 5 minutes prior to the auction closing, the time to make another bid will be extended by an additional 5 minutes from the last bet received. So to the bitter end, for each winning bid received within 5 minutes of extratime, the time to make another offer will be extended by an additional 5 minutes from the last episode received. Automatic bids in case of maximum bid (proxy bid) will also be considered winning bids.
 
The lots are sold seen and liked in the state in which they are found. Viewing is recommended.

All costs generated by the sale will be borne by the successful tenderer, including withdrawal and handling costs, any costs of transfer of ownership, notary writing and any cancellation from any public register of the burdens on the specific asset.
 
The sale of the goods is intended to be forced and is ordered for the goods seen and liked in the state of fact and law in which they are located. In forced sale there is no guarantee for defects. It cannot be challenged due to damage.
 
Consequently, the existence of any defects or lack of quality or non-conformity of the thing sold cannot give rise to compensation, indemnity or price reduction.
 
Any liability borne by the Agent regarding the existence of third party rights on goods subject to sale is excluded.
 
The sale takes place with the obligation and responsibility of the successful tenderer to ascertain their compliance with the safety regulations.
 
Language
 
GOBID ESPAÑA SL declines any responsibility for any translation errors of the texts and material published online.