GENERAL TERMS AND CONDITIONS
Table of Contents:
- Art. 1 Definitions
- Art. 2. Applicability:
- 2.2. Specific Terms and 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 Award 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, with registered office in Milan, Via P.O. Vigliani, 19, VAT No. - Tax Code 09441470961, authorised to conduct auctions under Licence No. 13/2008 issued by the Police Commissioner of Milan on 9/04/2008.
- Gobid.it: Trademark registered and owned by GOBID INTERNATIONAL AUCTION GROUP SRL
- www.gobid.it: The website operated by GOBID INTERNATIONAL AUCTION GROUP SRL for the sale of goods on consignment
- Auction: Online sale of goods published on www.gobid.it
- Lot: An item or 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 Terms and Conditions: these terms and conditions
- Specific Terms and Conditions: Specific terms and conditions of the Auction
- Deposit: Amount to be paid to participate in the Auction, where indicated.
- Starting Price: Starting price of each Lot
- 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 Bid Increment: Predetermined amount to 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 has been 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 stated 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 Terms
These terms apply unless otherwise specified in the Specific Terms 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 more detail in the Specific Terms. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel, extend or interrupt the auction at its sole discretion.
The registered user acknowledges 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 cannot be held liable.
GOBID INTERNATIONAL AUCTION GROUP SRL shall not be liable for direct and/or indirect damage or liability, except in cases of wilful misconduct or gross negligence on its part. In no event shall GOBID INTERNATIONAL AUCTION GROUP SRL be liable for: actions taken directly by the user that may damage or cause a malfunction in the system, inability to view and/or use www.gobid.it, unlawful use of www.gobid.it, or any event occurring after the conclusion of the auction.
Furthermore, any matters not covered by these general terms and conditions 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 Terms and Specific Terms.
The details entered by the user during registration on the website will be the details to which the award, if applicable, will be assigned.
All payments due must be made by the parties registered for the individual auctions. Any powers of attorney or authorisations may be considered subject to prior authorisation by the Principal.
If 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 once the deposit has been received. The methods for paying the deposit, where applicable, will be indicated in the Specific Conditions of the auction.
If auction participants do not win any assets, the security deposit will be refunded within 20 business days of the auction deadline, without interest.
If one or more lots are won, the security deposit will be refunded after the buyer has collected the assets purchased at auction, settled any payments for additional services, or completed the purchase of the assets bought at auction, including 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 charges for occupying spaces or areas attributable to 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 account of GOBID INTERNATIONAL AUCTION GROUP SRL , which will refund the amount withheld only after the user has collected the items or completed the purchase of the assets bought at auction, including completion of the administrative formalities required for the sale
The security deposit will be retained if the general payment terms for the lots won are not complied with.
6. Submission of Bids
Bids to purchase lots may be submitted by the registered user, who may be authorized to participate, on the page for each individual lot available at www.gobid.it.
Bids will always be subject to verification that they comply with the indicated prices and bidding increments. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if any discrepancies are found with the General Conditions or 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 and is not visible to other users.
When a registered user submits a static bid, it may be outbid by another user's bid. At that point, the user must submit another static bid to win the lot.
If a registered user submits a maximum bid (proxy bid), it will remain valid until it is exceeded by a higher bid from another user. Bids will be placed automatically in accordance with the indicated minimum increments, in order to exceed the other bids submitted, up to the maximum amount entered.
Bids will be considered valid only if submitted during the auction period. If bids are received in the 5 minutes before the auction closes, the time available for submitting further bids will be extended by the duration specified in the Specific Conditions for each individual auction.
6.1. Open Bidding
In an auction with open bidding, the user may bid the amount indicated or increase it by the recommended minimum increment using the appropriate controls, or may enter the amount they wish to bid directly.
Confirmed bids will be considered irrevocable.
When a registered user submits a bid, it may be outbid by another user's bid. At that point, the user must submit 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 awarding of lots will begin and will last no more than 48 business 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 awarding of lots, even before the auction ends, at its sole discretion or if an adequate and confirmed bid 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 time limits, the award will be made to the next highest bidder.
Bids submitted are binding and constitute a formal commitment to purchase. If the award to the highest bidder is revoked, it will be made successively to the next highest bidder.
8. Payment and collection
A registered user who is the successful bidder for one or more lots must comply with the specific auction terms, which will set out the deadlines for payment and collection and the related compensation clauses in the event of failure to comply with said terms.
If payment of the amounts due is not completed within the established time limits, the sale shall be automatically terminated and the security deposit shall be retained as liquidated damages, with the consequent revocation of the award,in agreement with the principal. Any damage discovered following collection of the awarded lots shall be borne entirely by the purchaser.
Collection operations must be carried out in compliance with the safety regulations established by law, under the responsibility of the purchaser/successful bidder, who must ensure such compliance, including with regard to any third parties and/or collaborators involved in said operations.
The Agent declines all liability in this regard, as it is merely carrying out an assignment for the competitive sale of the assets relating to the Proceedings.
In the case of export by customers outside the European Union, in compliance with Italian law, the bodies responsible for 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 the goods have been exported and refunded upon submission of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for any failure to correspond, or only partial correspondence, between the descriptions of the lots offered at auction and the lots themselves. The specific Terms and Conditions will be published for each auction and will detail all information relating to the auction and the lots.
Furthermore, for all matters not covered by these general terms and 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 general and specific terms and conditions, reference is made to the provisions of the Italian Code of Civil Procedure and the Italian Business Crisis and Insolvency Code.
Lots are sold as seen and accepted in their present condition.
Inspection of 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 specified in the lot catalogues; for this reason, inspection of 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 purchaser 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 damage, 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; inability to view and/or use www.gobid.it; or unlawful use of www.gobid.it.
GOBID INTERNATIONAL AUCTION GROUP SRL shall in no event be held liable for any system malfunctions that may in any way prejudice or delay the delivery of communications to the registered user.
At the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL, in agreement with the Principal, the competitive sale 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.
System-generated log file records shall constitute full and exclusive evidence between all parties to this procedure regarding the content and timing of documents/messages exchanged electronically. Users who register declare and acknowledge that system records constitute full evidence of the relationships between them. Such records are confidential and will not be disclosed to third parties, except in 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 concerning the interpretation of the provisions contained in the general and specific terms set out 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
