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 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, headquartered in Milan, Via P.O. Vigliani , 19, VAT - Tax Code 09441470961 , authorized to sell at auction with License issued by the Police Commissioner of Milan no. 13/2008 of 9/04/2008.
- Gobid.it: Proprietary trademark registered by GOBID INTERNATIONAL AUCTION GROUP SRL
- www.gobid.it: The website managed by GOBID INTERNATIONAL AUCTION GROUP SRL for the sale of goods on commission
- Auction: Online sale of goods published on www.gobid.it
- Lot: Good or set of goods available for sale present in Auction
- Registered user: User registered on www.gobid.it
- Auction registration: Authorization requested by the registered user to participate in the individual Auction
- Bidder Number: Identifier of the Registered user
- General Conditions: these terms and conditions
- Specific Conditions: Specific terms and conditions of the Auction
- Deposit: Amount to be paid for participation in the Auction, where indicated.
- Base Price: Starting price of individual lots
- Reserve price: Minimum price the achievement of which 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 intends to pay for the lot
- Minimum increment: Predefined amount to be added to the current price in order to place the bid.
- EXTRA-TIME: Time extension of the auction duration for the submission of further bids.
- Award: Declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a lot is sold to the highest bidder.
- Sale price: Amount of the Award of the lot at the moment the auction is deemed concluded
- Buyer's Premium: Percentage amount, calculated on the taxable base of the sale price declared in Award
2. Applicability:
These conditions apply to the use of the website www.gobid.it and, in particular, to the publication, conduct of the Auction as well as the terms and conditions of user participation.
2.2. Specific Conditions
These conditions apply unless otherwise indicated in the Specific Conditions of each individual AUCTION.
3 Publication of auctions
Auctions will be published on the website www.gobid.it indicating the dates of conduct and the catalogue of lots.
4. Conduct of the Auction
Each individual auction will be published on www.gobid.it with terms and conditions better indicated 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 is aware of possible objective and subjective issues arising from the use of an online auction conducted via the internet for which GOBID INTERNATIONAL AUCTION GROUP SRL cannot be held responsible.
GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for direct and/or indirect damage or liability except in cases of willful misconduct or gross negligence. Absolutely GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for: direct actions of the user that may cause damage or malfunction to the system, unavailability of display and/or use of www.gobid.it, unlawful use of www.gobid.it, any event after the conclusion of the auction.
Furthermore, for all matters not covered by these general conditions, the provisions contained in the Terms of Use of the website www.gobid.it shall apply.
5 Participation in the auction
The registered user, in order to participate, is required to register for each individual AUCTION expressly accepting the General Conditions and the Specific Conditions.
The data entered by the user during registration on the website will be the same as those to which the award may be attributed.
All requested payments must be made by the parties registered for the individual auctions. Any powers of attorney or delegations may be considered subject to authorization from the Principal.
If a deposit is required to participate in the auction, the registered user will not be enabled 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 methods for paying the deposit, where applicable, will be indicated in the Specific Conditions of the auction.
If the auction participants do not win any lot, the deposit will be refunded within 20 working days from the final deadline of the auction, without interest.
In the event of award of one or more lots, the security deposit will be refunded after the buyer has arranged to collect the goods purchased at auction, pay any additional service payments or finalize the purchase of the goods purchased at auction, with the completion of the administrative procedures required for the sale, subject to authorization provided by the Principal. In such cases, the security deposit may be retained to cover any occupancy charges for spaces and areas attributable to the Procedure or other expenses, at the discretion of the Principal.
In the event of payment of the security deposit by credit card and award of one or more lots by the user, the deposit will be collected into the current account of GOBID INTERNATIONAL AUCTION GROUP SRL , which will refund the amount so retained only after the user has arranged to collect or finalize the purchase of the goods purchased at auction, with the completion of the administrative procedures required for the sale
The security deposit will be retained in the event of failure to comply with the general payment terms for awarded lots.
6. Submission of Bids
Purchase bids for the lots may be submitted by the registered user, possibly authorized to participate, within each individual lot page on www.gobid.it.
Bids will always be subject to verification of compliance with the indicated prices and bidding conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel the bid if inconsistencies are detected with what is indicated in the General Conditions and Specific Conditions.
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 enters a static bid, it may be exceeded by a bid from other users. At this point, the user will be required to enter another static bid to win the lot.
If the registered user enters a maximum bid (proxy bid), it will be considered valid until it is exceeded by a bid from other users that is higher than the maximum bid. Bids will be automatic based on the indicated minimum values, aimed at exceeding the other bids submitted until the entered amount is reached.
Bids will be considered valid only if submitted during the auction period. If bids are received in the 5 minutes before the auction deadline, the time available to place other bids will be extended by the time value indicated in the Specific Conditions of each individual auction.
6.1. Open bid
In the case of an auction with open bid mode the user may bid the amount equal to the indicated amount or increase it by the recommended minimum bid using the appropriate sliders, or may directly enter the amount they intend to bid.
Confirmed bids will be considered irrevocable.
When the registered user enters a bid, it may be exceeded by a bid from other users. At this point, the user will be required to enter another static bid to be the highest bidder and compete for the award of the lot.
7. Award of lots
At the end of the auction, the preliminary phase for the provisional award of the lots will begin and will last a maximum of 48 working hours, unless otherwise specified in the specific conditions. At the end of the preliminary phase, notice of the provisional award will be given to the highest bidder.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to suspend the auction or the award of the lots even before the end of the auction, both at its sole discretion and if an adequate and confirmed bid is submitted.
The award is conditional upon receipt of the security deposit.
If the successful bidder does not pay the purchase price within the established terms, the award will be made in favor of the next highest bidder.
Bids placed are binding and constitute a formal commitment to purchase. If the award to the highest bidder lapses, it will be assigned relentlessly to the next highest bidder.
The Principal, as the person responsible for the sale procedure, may exercise the option provided by Article 107, fourth paragraph of the Bankruptcy Law, and suspend the sale in the event of receipt of an irrevocable improved purchase offer for an amount not less than ten percent of the offered price.
8. Payment and collection
The registered user who is the successful bidder of one or more lots must comply with the specific auction conditions, which will specify the terms for payment and collection and the relevant compensation clauses in case of non-compliance with said conditions.
In the event that payment of the amounts due is not completed within the established terms, the sale will be automatically terminated and the security deposit will be retained as compensation penalty, with consequent forfeiture of the award,in agreement with the client. Any damage found after collection of the awarded lots will be entirely borne by the buyer.
Collection operations must be carried out in compliance with legal safety regulations, under the responsibility of the buyer/successful bidder, who must ensure this, also with reference to any third parties and/or collaborators involved in said operations.
The Agent declines all responsibility in this regard, as mere executor of an assignment aimed at the competitive sale of the assets related to the Procedure.
In the case of export for customers outside the European Union, in compliance with Italian law, the Procedure Bodies may require payment of VAT due on the awarded lots in order to avoid penalties for omitted VAT payment.
The amount will be retained until export is completed and returned upon presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for the failure or partial correspondence of the descriptions of the lots present in the auction. For each auction, the specific Conditions will be published, detailing all information relating to the auction itself and the lots.
Furthermore, for all matters not provided for in these general conditions, the provisions contained in the Terms of Use of the website www.gobid.it shall apply.
For all matters not expressly provided for in these conditions, general and specific, reference is made to the rules of the Code of Civil Procedure and the Bankruptcy Law.
The lots are sold as seen and liked in the condition in which they are found.
Viewing the lots in the auction is strongly recommended. GOBID INTERNATIONAL AUCTION GROUP SRL or the seller decline all responsibility for any errors, omissions, and inaccuracies in the photos, descriptions, quantities, and any other detail indicated in the lot catalogs; for this reason, viewing the lots is strongly recommended in order to verify the actual condition of the goods in the auction.
No warranty is given by GOBID INTERNATIONAL AUCTION GROUP SRL or by the seller.
The buyer, by accepting these conditions, indemnifies GOBID INTERNATIONAL AUCTION GROUP SRL and the seller from any warranty or claim of third parties.
GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for direct and/or indirect damages, except in cases of willful misconduct or gross negligence.
Absolutely, GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for: direct actions of the user that may cause damage or malfunction to the system, unavailability of viewing and/or use of www.gobid.it, unlawful use of www.gobid.it.
GOBID INTERNATIONAL AUCTION GROUP SRL may not, under any circumstances, be held responsible for any system malfunctions that may in any way prejudice or delay the delivery of communications to the person registering.
The competitive procedure may, at the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL, in agreement with the Principal, be suspended and/or postponed either for technical problems of connection to the system dependent on server or network malfunctions, or at its unquestionable judgment for different reasons.
The records present in the log file generated by the system shall constitute full and exclusive evidence among all parties to this procedure, regarding the content and time of the documents/messages exchanged electronically. The parties who register declare and acknowledge that the system records constitute full evidence of the relationships between them. Such records are confidential and shall not be disclosed to third parties, except in the cases expressly provided for or by order of the Judicial Authority.
For all matters not provided for in these terms, the provisions contained in the terms of use of the website www.gobid.it shall apply.
In the event of any disputes arising regarding the interpretation of the provisions contained in the general and specific terms set out on the platform, possibly translated into other languages, the Italian version of the text shall prevail.
Where not specified, the times indicated in the specific terms and on the platform refer to the time zone indicated in the server time published on the site
