GENERAL TERMS AND CONDITIONS
Table of Contents:
- Art. 1 Definitions
- Art. 2. Scope of Application:
- 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 manager of the online auction website http://www.gobid.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT No. - Tax Code 09441470961, authorized to carry out sales by auction under License issued by the Chief of Police of Milan no. 13/2008 dated 9/04/2008.
- Gobid.it: Registered proprietary trademark of GOBID INTERNATIONAL AUCTION GROUP SRL
- www.gobid.it: The website managed by GOBID INTERNATIONAL AUCTION GROUP SRL for the sale of goods on consignment
- Auction: Online sale of goods published on www.gobid.it
- Lot: Good or group of goods available for sale included in the Auction
- Registered user: User who has registered on www.gobid.it
- Registration for the auction: Authorization requested by the registered user to take part 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 in order to participate in the Auction, where indicated.
- Starting Price: Starting price of the individual lots
- Reserve Price: Minimum price whose achievement 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 that the user intends to pay for the lot
- Minimum Increment: Pre-established amount that must be added to the current price in order to place the bid.
- EXTRA-TIME: Auction extension time for the submission of additional 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 time the auction is deemed to be concluded
- Buyer's Premium: Percentage amount, calculated on the taxable amount of the sale price declared in the Award
2. Scope of application:
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 of participation of users.
2.2. Specific Conditions
These terms and conditions apply unless otherwise indicated by the Specific Conditions of each individual AUCTION.
3 Publication of auctions
The auctions will be published on the website www.gobid.it indicating the auction dates and the catalogue of lots.
4. Conduct of the Auction
Each individual auction will be published on www.gobid.it with terms and conditions further specified in the Specific Conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right, at its sole discretion, to cancel, extend or interrupt the auction.
The registered user is aware of the possible objective and subjective issues arising from the use of an online auction carried out via the internet, for which GOBID INTERNATIONAL AUCTION GROUP SRL cannot be held liable.
GOBID INTERNATIONAL AUCTION GROUP SRL shall not be liable for direct and/or indirect damage or liability except in the case of wilful misconduct or gross negligence on its part. Under no circumstances shall GOBID INTERNATIONAL AUCTION GROUP SRL be liable for: direct actions by the user that may cause damage to or malfunction of the system, unavailability of viewing and/or using www.gobid.it, unlawful use of www.gobid.it, any event occurring after the conclusion of the auction.
Furthermore, for all matters not provided for in 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
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 to which the award will eventually be attributed.
All required payments must be made by the parties registered for the individual auctions. Any powers of attorney or proxies may be taken into consideration subject to the Authorising Party's approval.
If a deposit is required to participate in the auction, the registered user will not be allowed to participate unless previously authorized by GOBID INTERNATIONAL AUCTION GROUP SRL . Authorization will be granted by GOBID INTERNATIONAL AUCTION GROUP SRL only once the deposit has actually been received. The methods of paying the deposit, where applicable, will be indicated in the Specific Conditions of the auction.
If the auction participants are not awarded any asset, the security deposit will be returned within 20 working days from the auction closing date, without interest.
In the event of the award of one or more lots, the security deposit will be returned after the buyer has collected the goods purchased at auction, settled any payments for additional services, or completed the purchase of the goods bought at auction, by completing the bureaucratic procedures required for the sale, subject to authorization provided by the Principal. In this case, the security deposit may be withheld to cover any charges for the occupation of spaces and areas related to the Procedure or expenses of another nature, at the discretion of the Principal.
In the event that the security deposit is paid by credit card and one or more lots are awarded to the user, the deposit will be collected into the bank account of GOBID INTERNATIONAL AUCTION GROUP SRL , which will refund the amount so withheld only after the user has collected or completed the purchase of the goods bought at auction, by completing the bureaucratic procedures required for the sale
The security deposit will be withheld in case of failure to comply with the general payment terms for the awarded lots.
6. Submission of Bids
Bids to purchase the lots may be made by the registered user, where applicable 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 with what is indicated in the General Conditions and Specific Conditions are found.
Bids may be of two types, static or dynamic (proxy bid):
The 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 the registered user places a static bid, this may be outbid by a bid from other users. The user will then be required to place another static bid in order to win the lot.
If the registered user places a maximum bid (proxy bid), it will be considered valid until it is exceeded by a bid from other users higher than the maximum bid. The increments will be automatic, based on the indicated minimum values, aimed at exceeding the other bids presented, up to the amount entered.
Bids will be considered valid only if submitted within the auction period. If bids are received in the 5 minutes prior to the end of the auction, the time available to place further bids will be extended by the time value indicated in the specific conditions of each individual auction.
6.1. Free bid
In the case of an auction with a free bid mode, the user may bid an amount equal to the amount indicated or increase it by the minimum suggested increment using the appropriate sliders, or may directly type in the amount they intend to bid.
Confirmed bids will be considered irrevocable.
When the registered user places a bid, it may be outbid by a bid from other users. The user will then be required to place another static bid in order to be the highest bidder and compete for the award of the lot.
7. Award of the lots
At the end of the auction, the preliminary phase for awarding the lots will begin, which will have a maximum duration of 48 working hours, unless otherwise specified in the specific conditions. At the end of the preliminary phase, notice of the 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 in the event that an appropriate and confirmed bid is submitted.
The awarding is subject to the actual receipt of the security deposit
If the successful bidder does not pay the sale price within the established terms, the award will be made in favor of the next highest bidder.
The bids placed are binding and constitute a formal purchase commitment. If the award to the highest bidder should lapse, it will be reassigned, without limitation, to the next highest bidder.
The Principal, as the party responsible for the sale procedure, may exercise the right provided for by Art. 107, fourth paragraph of the Italian Bankruptcy Law, and suspend the sale if an irrevocable improved purchase offer is received for an amount not less than ten percent of the price offered.
8. Payment and collection
The registered user who is the successful bidder of one or more lots is required to comply with the specific conditions of the auction where the terms for payment and collection and the related compensation clauses in case of non-compliance with the above conditions will be specified.
In the event that payment of the amounts due is not completed within the established terms, the sale shall be considered automatically terminated and the security deposit shall be retained as a contractual penalty, with the consequent lapse of the award,in agreement with the client. Any damages found following collection of the awarded lots will be entirely borne by the buyer.
The collection operations must be carried out in compliance with the safety regulations established by law, under the responsibility of the buyer/successful bidder, who must provide accordingly, also with reference to any third parties and/or collaborators employed in the above operations.
The Agent declines all responsibility in this regard, being merely the executor of an assignment aimed at the competitive sale of the assets relating to the Procedure.
In the case of export for non-European Union customers, in compliance with Italian law, the Bodies of the Procedure may require payment of the VAT due on the awarded lots in order to avoid penalties for failure to pay VAT.
The amount will be withheld until export has taken place and will be refunded upon presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for the lack of, or partial, correspondence of the descriptions of the lots present in the auction. For each auction, the Specific Conditions will be published where all information relating to the auction itself and to the lots will be detailed.
Furthermore, for anything not provided for in these general conditions, the provisions contained in the Terms of Use of the website www.gobid.it shall apply.
For everything not expressly provided for in these general and specific conditions, reference is made to the provisions of the Italian Code of Civil Procedure and the Bankruptcy Law
The lots are sold as seen and liked, in the condition in which they are.
The inspection of the lots at 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 catalogues; for this reason, viewing of the lots is strongly recommended in order to verify the real condition of the goods at auction.
No warranty is given by GOBID INTERNATIONAL AUCTION GROUP SRL or by the seller.
By accepting these conditions, the buyer releases GOBID INTERNATIONAL AUCTION GROUP SRL and the seller from any warranty or claim by third parties.
GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for direct and/or indirect damage or liability except in the case of willful misconduct or gross negligence on its part.
Under no circumstances shall GOBID INTERNATIONAL AUCTION GROUP SRL be liable for: direct actions by the user that may cause damage or malfunction to the system, unavailability of viewing and/or using www.gobid.it, unlawful use of www.gobid.it.
GOBID INTERNATIONAL AUCTION GROUP SRL may, under no circumstances, be held liable for any system malfunctions that may in any way prejudice or delay the delivery of communications to the person who registers.
The competitive procedure may, at the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL, in agreement with the Principal, be suspended and/or postponed either due to technical connection problems to the system resulting 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 in this procedure with regard to the content and time of the documents/messages exchanged electronically. The subjects who register declare and acknowledge that the system records constitute full evidence of the relationships between them. Such records are confidential in nature and will 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 conditions, 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 conditions set out on the platform, possibly translated into other languages, the Italian version of the text shall prevail.
Unless otherwise specified, the times indicated in the specific conditions and on the platform refer to the time zone indicated in the server time published on the website.
