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 No. - Tax Code 09441470961, authorised to conduct auctions under Licence issued by the Milan Police Commissioner No. 13/2008 dated 9/04/2008.
- Gobid.it: Proprietary trademark registered by GOBID INTERNATIONAL AUCTION GROUP SRL
- www.gobid.it: The website operated by GOBID INTERNATIONAL AUCTION GROUP SRL for the sale of goods on commission
- Auction: Online sale of goods published on www.gobid.it
- Lot: An item or a group of items available for sale in an Auction
- Registered user: A user registered on www.gobid.it
- Auction registration: Authorisation requested by the registered user to participate in an individual Auction
- Bidder Number: Identifier of the Registered user
- General Conditions: these terms and conditions
- Specific Conditions: Terms and conditions specific to the Auction
- Deposit: Amount payable to participate in the Auction, where specified.
- Starting Price: Starting price of individual lots
- Reserve Price: Minimum price which, once reached, authorises 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 is willing to pay for the lot
- Minimum Increment: Predetermined amount that must be added to the current price in order to place a bid.
- EXTRA-TIME: Extension of the auction duration to allow additional bids.
- Award: Declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a lot is sold to the highest bidder.
- Sale price: The amount of the Award for the lot at the time the auction is deemed concluded
- Buyer's Premium: A percentage amount calculated on the taxable amount of the sale price declared in the Award
2. Applicability:
These terms 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 governing user participation.
2.2. Specific Conditions
These terms apply unless otherwise specified in the Specific Conditions for each individual AUCTION.
3. Publication of auctions
The auctions will be published on the website www.gobid.it, indicating the dates on which they will take place and the catalogue of lots.
4. Conduct of the Auction
Each individual auction will be published on www.gobid.it with the terms and conditions set out in greater detail 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 the potential objective and subjective issues arising from the use of an online auction conducted over the internet, for which GOBID INTERNATIONAL AUCTION GROUP SRL shall not be held liable.
GOBID INTERNATIONAL AUCTION GROUP SRL shall not be liable for any direct and/or indirect damage or liability, except in cases of wilful misconduct or gross negligence on its part. Under no circumstances shall GOBID INTERNATIONAL AUCTION GROUP SRL be liable for: actions taken directly by the user that may cause damage to or malfunction of the system, the unavailability of www.gobid.it for viewing and/or use, unlawful use of www.gobid.it, or any event occurring after the auction has concluded.
Furthermore, all matters not covered by these general terms shall be governed by the provisions contained in the Terms of Use of the website www.gobid.it.
5. Participation in the auction
To participate, the registered user must register for each individual AUCTION and expressly accept its General Conditions and Specific Conditions.
The details entered by the user when registering on the website will be the same details to which the award may be attributed.
All required payments must be made by the parties registered for the respective auctions. Any powers of attorney or authorisations may be considered subject to the Principal's prior authorisation.
Where a deposit is required to participate in the auction, the registered user will not be authorized to participate until authorization has been granted by GOBID INTERNATIONAL AUCTION GROUP SRL . Authorization will be granted by GOBID INTERNATIONAL AUCTION GROUP SRL only after the deposit has been received. Where applicable, the deposit payment instructions will be provided in the Specific Auction Conditions.
If auction participants do not win any assets, the security deposit will be refunded within 20 working days of the auction's closing date, without interest.
If one or more lots are won, the security deposit will be refunded once the buyer has collected the assets purchased at auction, settled any payments for additional services, or completed the purchase of the assets acquired at auction, including the completion of the administrative formalities required for the sale, subject to authorization from the Principal. In such cases, the security deposit may be retained to cover any costs relating to the occupation of spaces and areas associated with the Proceedings, or other expenses, at the Principal's discretion.
If the security deposit is paid by credit card and the user wins one or more lots, the deposit will be charged to the bank account of GOBID INTERNATIONAL AUCTION GROUP SRL , which will refund the amount withheld only after the user has collected the assets or completed the purchase of the assets acquired at auction, including the administrative formalities required for the sale
The security deposit will be retained if the general payment deadlines for the lots won are not met.
6. Submission of Bids
Bids to purchase lots may be submitted by the registered user, who may be authorized to participate, on the individual lot page available at www.gobid.it.
Bids will always be subject to verification that they comply with the stated prices and bidding conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if discrepancies with the General Conditions and Specific Conditions are identified.
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 and is not visible to other users.
When the registered user places a static bid, it may be outbid by another user's offer. The user must then place another static bid to win the lot.
If the registered user places a maximum bid (proxy bid), it will remain valid until another user's bid exceeds the maximum bid. Bids will be placed automatically in accordance with the minimum increments specified, in order to outbid other offers until the amount entered is reached.
Bids will be considered valid only if submitted during the auction period. If bids are received in the 5 minutes preceding the end of the auction, the time allowed for placing further bids will be extended by the period indicated in the Specific Conditions of each individual auction.
6.1. Open bidding
For auctions with an open-bid format, the user may bid the amount indicated or increase it by the recommended minimum increment using the relevant controls, or may enter the amount they wish to bid directly.
Confirmed bids will be considered irrevocable.
When the registered user places a bid, it may be outbid by another user's offer. The user must then place another static bid to become the highest bidder and compete to win the lot.
7. Awarding of Lots
At the end of the auction, the review phase for the provisional award of lots will begin and will last a maximum of 48 working hours, unless otherwise specified in the Specific Conditions. At the end of the review phase, the highest bidder will be notified of the provisional award.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to suspend the auction or the award of lots even before the end of the auction, at its sole discretion or if a reasonable and confirmed offer is submitted.
The award is conditional upon receipt of the security deposit
If the successful bidder fails to pay the purchase price within the established deadlines, the award will be made to the next highest bidder.
Bids placed are binding and constitute a formal commitment to purchase. If the award to the highest bidder is revoked, it will be assigned in succession to the next highest bidder.
8. Payment and Collection
A registered user who is awarded one or more lots must comply with the specific auction terms, which will specify the deadlines for payment and collection and the related compensation clauses in the event of failure to comply with those terms.
If payment of the amounts due is not completed by the established deadlines, the sale will be automatically terminated and the security deposit will be retained as a penalty by way of compensation, with the consequent revocation of the award,in agreement with the principal. Any damage found after collection of the awarded lots will be entirely at the buyer's expense.
Collection operations must be carried out in compliance with the safety regulations provided by law and under the responsibility of the buyer/successful bidder, who must make the necessary arrangements, including with regard to any third parties and/or collaborators involved in those operations.
The Agent accepts no liability in this regard, as it merely carries out an assignment aimed at the competitive sale of assets relating to the Proceedings.
For exports by customers outside the European Union, in compliance with Italian law, the bodies overseeing the Proceedings 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 retained until export has taken place and refunded upon presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for any failure or partial failure of the descriptions of the lots offered at auction to correspond to the actual lots. The specific Terms and Conditions will be published for each auction, providing detailed information about the auction itself and the lots.
Furthermore, all matters not covered by these general terms and conditions will be governed by the provisions contained in the Terms of Use of the website www.gobid.it.
For all matters not expressly covered by these general and specific terms and conditions, reference is made to the provisions of the Code of Civil Procedure and the Italian Crisis and Insolvency Code.
The lots are sold as is, in their current condition.
Viewing the lots offered at auction is strongly recommended. GOBID INTERNATIONAL AUCTION GROUP SRL or the seller accepts no responsibility for any errors, omissions or inaccuracies in the photographs, descriptions, quantities or any other details indicated in the lot catalogs; for this reason, viewing the lots is strongly recommended in order to verify the actual condition of the assets offered at auction.
No warranty is given by GOBID INTERNATIONAL AUCTION GROUP SRL or the seller.
By accepting these terms and conditions, the buyer releases GOBID INTERNATIONAL AUCTION GROUP SRL and the seller from any warranty or third-party claim.
GOBID INTERNATIONAL AUCTION GROUP SRL shall not be liable for direct and/or indirect damages, except in cases of willful misconduct or gross negligence on its part.
Under no circumstances shall GOBID INTERNATIONAL AUCTION GROUP SRL be liable for: actions taken directly by the user that may cause damage to or malfunction of the system; the unavailability of the display and/or use of www.gobid.it; or unlawful use of www.gobid.it.
Under no circumstances may GOBID INTERNATIONAL AUCTION GROUP SRL be held liable for any system malfunctions that may in any way prejudice or delay the delivery of communications to the person registering.
At the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL, in agreement with the Principal, the competitive procedure may be suspended and/or postponed due to technical connection problems caused by malfunctions of the server or network, or for other reasons at its sole discretion.
The system log file records shall constitute full and exclusive evidence between all parties to these proceedings regarding the content and timing of documents/messages exchanged electronically. Registered users declare and acknowledge that system records shall constitute full evidence of the relationships between them. Such records are confidential and shall not be disclosed to third parties, except in cases expressly provided for or by order of the Judicial Authority.
For all matters not covered by these terms, the provisions contained in the terms of use of the website www.gobid.it shall apply.
In the event of any disputes concerning the interpretation of the provisions contained in the general and specific terms displayed on the platform, which may have been translated into other languages, the Italian version of the text shall prevail.
Unless otherwise specified, the times stated in the specific terms and on the platform refer to the time zone indicated by the server time published on the website
