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 Auctions
Art. 5. Participation in Auctions
Art. 6. Submission of Bids
Art. 7. Award of Lots
Art. 8. Payment
Art. 9. Guarantees 
 
 
1. Definitions
·          GOBID ESPAÑA SL: Manager of the online auction website http://www.gobid.es, headquartered in Málaga, Calle Esperanto no. 4, 29007, CIF: B72551898, authorized with a Sales Mandate for real estate and movable assets
·          Gobid.es: Trade name under which GOBID ESPAÑA SL operates
·          www.gobid.es: The website managed by GOBID ESPAÑA SL for the sale of assets.
·          Auction: online sale of assets published on the website www.gobid.es
·          Lot: Asset or group of assets subject to auction.
·          Registered user: User registered on www.gobid.es
·          Auction registration: Prior authorization required for the registered user to participate in the auction.
·          Bidder Number: Identification of the registered user.
·          General Conditions: These Terms and Conditions, which generally govern all auctions.
·          Specific Conditions: Specific Terms and Conditions of each auction.
·          Deposit: Amount required prior to participation in the auction, when expressly required.
·          Base price: Starting price of individual lots.
·          Reserve price: Minimum price below which the lot cannot be sold
·          Current price: Current price of the lot
·          Simple 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: improvements must be made in steps by a predetermined amount.
·          EXTRA-TIME: Time available after the Auction deadline for submitting new offers.
·          Award: Declaration by GOBID ESPAÑA SL that a lot is sold to the highest bidder.
·          Sale price: Award amount of the lot at the time the auction is deemed concluded.
·          Buyer’s Premium: Percentage amount calculated on the sale price declared in the award of the auction.
·         Days: when it is not specified whether they are calendar or business days, they shall be understood as calendar days.


2. Applicability.
These conditions apply generally to any use of the website www.gobid.es and in particular to the publication and conduct of the Auction, as well as to the terms and conditions of users who participate in them.

2.1. Specific Conditions.
The specific conditions of each auction shall prevail over these general conditions.

3. Publication of Auctions.
Auctions shall be published on the website www.gobid.es indicating the conduct dates and the catalogue of lots.
 
4. Conduct of Auctions.
Each Auction shall be published on the website www.gobid.es according to the terms and conditions set out in the General and Specific Conditions. GOBID ESPAÑA SL reserves the right to cancel, extend or interrupt the Auction at its sole discretion.
The registered user consents to and expressly accepts all objective and subjective problems and conflicts that may arise from the use of an Auction conducted online, and declares to hold GOBID ESPAÑA SL harmless from any liability for any loss or damage caused as a result thereof.
 
Any liability of GOBID ESPAÑA SL for damages or losses caused to the registered user directly and/or indirectly is excluded, limiting such liability solely to cases of willful misconduct or gross negligence.
GOBID ESPAÑA SL shall not be liable in any way for the user's own actions that cause damage, malfunction, incorrect display and/or improper use of the website www.gobid.es, whether before, during or after the auction process.
In all matters not provided for in the general conditions, the provisions contained in the terms of use of the website www.gobid.es shall apply.

5. Participation in Auctions.
The user registered on the website www.gobid.es shall be required to register for each Auction by accepting the General Conditions and the Specific Conditions in order to participate.
If a deposit is required to participate in the Auction, the registered user shall not be authorized to participate without prior authorization from GOBID ESPAÑA SL. Authorization shall be granted by GOBID ESPAÑA SL only upon receipt of the deposit. The methods of payment of the deposit shall be indicated in the Specific Conditions of the Auction.
Users who have participated in the procedure but have not been awarded any asset shall receive their deposit within 20 business days following the conclusion of the Auction and without interest.
Users who participate in the auction and are awarded one or more lots shall receive their deposit once they have collected the purchased assets, settled any costs for supplementary services and completed the acquisition of the assets purchased at auction through the processing of the bureaucratic procedures provided for in the sale and always with prior authorization from the Principal. In such cases, the deposit may be deducted from costs that may be generated as supplementary services, as well as other costs at the Principal's discretion.
 
If the purchaser has paid the deposit by debit/credit card, GOBID ESPAÑA SL shall refund it by bank transfer once the collection of the assets has been carried out and the acquisition has been completed as set out in the previous paragraph.
 
The deposit shall be retained in the event of non-compliance with the general payment terms for the awarded lots.

6. Submission of Bids.
Bids aimed at acquiring the lots published on the platform may be made by registered and authorized users to theparticipation in the Auction and will be collected within each lot sheet present at www.gobid.es.
Bids will always be linked to verification of the indicated prices and to the increment conditions.
 
GOBID ESPAÑA SL reserves the possibility of canceling any bid in the event that inconsistencies are found between the General Conditions and the Specific Conditions thereof.
 
Bids may be of two types, static or dynamic (proxy bid):
The simple static bid is considered a fixed-price bid.
The maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the lot, not visible to other users.
When a registered user enters a static bid, it may be outbid by a bid from other users. In this case, the user will be obliged to enter another static bid in order to be awarded the lot.
If the registered user enters a maximum bid (proxy bid), it will be held valid until it is outbid by a bid from other users that is higher than the established maximum bid. The increments will be automatic and will be based on the indicated minimum values, with a view to outbidding the other bids submitted up to reaching the maximum amount entered.
Bids will be accepted until the end date and time indicated for the specific Auction. If bids are registered in the last 5 minutes, the deadline for placing bids will be extended by a period established in the Specific Conditions of each Auction.
 
6.1 Auction without minimum price
In the case of auctions without a minimum price, the user may offer the amount equal to the indicated amount or increase it by the recommended minimum increment using the corresponding sliders, or may enter the amount they wish to offer.
 
Bids placed will be considered irrevocable.
When a user submits a bid, it may be outbid by a bid from other users. In this case, the user must submit a new static bid in order to become the best bidder and compete for the award of the lot.
 
7. Award of lots.
At the end of each auction, the provisional award phase of the lots will begin. In this phase, if the bid is confirmed, a provisional award confirmation will be sent to the best bidder. GOBID ESPAÑA SL reserves the right to interrupt or cancel the auction or the award of lots before the end of the auction at its unquestionable discretion.
 
The award is subject to receipt of the deposit (if provided).
If the provisional winning bidder fails to comply with the obligations expressed in the established terms, the award may be made in favor of the bidder who has placed the next best bid, and so on, as established in the specific conditions of the auction.
Bids placed are binding and constitute a formal commitment to purchase.
 
 
8. Payment.
The registered user awarded one or more lots is obliged to comply with the Specific Conditions of the Auction, where the terms of payment, collection, and indemnity clauses in the event of non-compliance will be specified. If payment of the amounts due is not completed within the established terms, the sale will be automatically deemed concluded. The user will lose the deposit (if provided), which will be retained as compensation with the consequent forfeiture of the award, in agreement with the Principal. The existence of any damage detected after the collection of the awarded lots will be entirely at the buyer's expense.
 

9. Warranties
Any liability of GOBID ESPAÑA SL regarding the existence of total or partial error in the descriptions of the lots offered for sale is excluded. For each Auction, specific Conditions will be published detailing the specific information thereof and of its lots. Furthermore, in all matters not provided for in the general conditions, the provisions contained in the terms of use of the website www.gobid.es will apply.

In all matters not expressly provided for in the general and specific conditions, the provisions set out in the procedure and, in matters not regulated by it, the provisions established in the Insolvency Law and the Civil Procedure Law will apply, which will only apply on a supplementary basis.
The lots will be sold in the condition in which they are found.

Visiting the lots for sale is expressly recommended in order to verify their real condition and state. GOBID ESPAÑA SL and the bodies of the process are released from liability for any errors, omissions, and inaccuracies in the photos, descriptions, and other details expressed in the catalog of the lots for sale. For this reason, GOBID ESPAÑA SL will make various means available to interested parties so that they can carry out these visits to the goods in auctions.
GOBID ESPAÑA SL and the bodies of the procedure do not recognize any type of post-sale warranty in favor of purchasers, expressly denying any right of this nature.
The purchaser, by accepting these conditions, exempts GOBID ESPAÑA SL and the bodies of the procedure from any liability for warranty rights or third-party rights over the goods subject to the sale.

GOBID ESPAÑA SL is not liable for damages or losses caused directly and/or indirectly, limiting such liability solely to cases in which there is willful misconduct or gross negligence on their part.
GOBID ESPAÑA SL is in no way liable for the user's own actions that cause damage, malfunction, incorrect display, and/or improper use of the website www.gobid.es
Any liability of GOBID ESPAÑA SL for malfunction of the system that may harm or delay the delivery of communications to the user who registers is excluded.
The competitive procedure may be suspended and/or postponed at the discretion of GOBID ESPAÑA SL in agreement with the Principal, whether for technical reasons of connection to the system that may depend on server or network malfunction, or at its own judgment for different reasons.
The records present in the log file generated by the system constitute full and exclusive evidence among all parties to this procedure, in relation to the content and time of the documents/messages exchanged by email. The subjects who register declare and acknowledge that the system records constitute full evidence of the relations between the parties. Such records are confidential and will not be disclosed to third parties, except in cases expressly provided for or under order of the Judicial Authority.
In all matters not provided for in the general conditions, the provisions contained in the terms of use of the website www.gobid.es will apply. 
 
In the event of misunderstandings arising from the interpretation of the provisions contained in the general and specific conditions expressed on the platform translated into other languages, the Spanish version of the text will be authoritative as to their intention.