34068: Shevchenkok sinatutako Milaneko elastikoa - Salmenta pribatua

GENERAL TERMS AND CONDITIONS 

Table of Contents:

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, hereinafter also referred to as "Gobid Group"
•    Seller: owner of the Asset offered for sale
•    Gobid.it: registered proprietary trademark of GOBID INTERNATIONAL AUCTION GROUP SRL
•    www.gobid.it: the website operated by GOBID INTERNATIONAL AUCTION GROUP SRL for the sale of Assets on commission, also referred to as the "Website" or the "Platform"
•    Auction: online procedure for the sale of Assets through the platform www.gobid.it
•    Lot: an Asset or a group of Assets available for sale in an Auction
•    User: a user registered on www.gobid.it, also referred to as a Bidder
•    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
•    Special Terms and Conditions: the Auction-specific terms and conditions, available in the Auction details
•    Security deposit/deposit: amount to be paid in order to participate in the Auction, where required.
•    Starting Price: starting price of individual Lots
•    Reserve Price: minimum price, the achievement of which authorises the sale of the Lot, unless otherwise indicated in the terms and conditions applicable to this Auction
•    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: predetermined amount to be added to the Current Price in order to place a bid
•    Extra Time: extension of the Auction duration to allow further bids to be placed
•    Sale Price: amount for which the Lot is awarded when the Auction is deemed concluded
•    Award: declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a Lot is sold to the highest Bidder
•    Successful Bidder: the party to whom the Lot is awarded as the highest Bidder
•    Buyer's Premium: auction commission payable to GOBID INTERNATIONAL AUCTION GROUP S.R.L. by the Successful Bidder, calculated as a percentage of the taxable amount of the sale price stated in the Award 

1.    Applicability
These Terms and Conditions govern the terms and conditions of the Auction and apply together with the "Terms of Use" of the www.gobid.it website, accepted during registration on the website, and the Special Terms and Conditions published in the details of the Auction concerned. 
These Terms and Conditions apply unless otherwise provided in the Special Terms and Conditions.
Each participant is responsible for carefully reviewing the terms and conditions applicable to this sale. By participating in the Auction, the User declares that they have read, understood and accepted the applicable General and Special Terms and Conditions of Sale without reservation.
For information regarding the use of the website and the processing of the personal data provided, please refer to the "Terms of Use" and the "Privacy Policy", published on the www.gobid.it website.

2.    Main Terms and Conditions of Sale
Through the www.gobid.it platform, Gobid Group connects Buyers and Sellers interested in completing a sale; for this reason, Gobid Group does not own or possess the Assets offered at Auction, which are the property of the Seller. Gobid Group is therefore not liable for any defects, flaws or lack of quality, whether total or partial, in the Assets offered for sale. 
All Assets are sold in the condition in which they are at the time of sale ("as seen and approved"), without any warranties as to their characteristics or state of preservation. 
Users are therefore invited to carefully inspect the Assets to verify their condition before placing a bid.
By completing the process of placing a bid, as described below, the User submits a binding offer; it will therefore not be possible to amend or withdraw the bid submitted. For this reason, Users are advised to always check their bid before confirming it.

3.    Conduct of the Auction
The Auction will be held on the www.gobid.it platform, in accordance with the terms and conditions set out in the General and Special Terms and Conditions of Sale applicable to this sale.
The Auction will run for the period indicated in the auction details; during this period, anyone interested may register for the Auction and place a bid.
The following are specified for each Lot: 
•    Starting Price, meaning the starting price. 
•    Minimum Increment, meaning the predetermined minimum amount to be added to the current price.
•    Reserve Price, meaning the minimum price that must be reached for the Asset to be awarded to the highest Bidder at the end of the Auction, unless otherwise indicated in the Special Terms and Conditions. If the Reserve Price is not reached, the bid will be subject to the Seller's sole and final assessment, and the Seller may freely accept or reject it.

3.1.    Inspection 
Anyone interested may examine the Assets offered for sale remotely and may also inspect them in person, subject to booking a viewing by contacting: [email protected] – tel. +39. 02/86882269 or by submitting a request through the appropriate section in the Auction details, "Request an Inspection". 
Where necessary for the inspection, interested parties will be required to provide any requested documentation.
Please note that Asset inspections will not be available on Saturdays, Sundays or public holidays.
The inspection of the Assets will be carried out under the sole responsibility of the interested party; Gobid Group and the Seller accept no liability for any personal injury and/or damage to property arising during the inspection. Each interested party is therefore responsible for carrying out the inspection with the appropriate precautions, taking into account the nature of the Asset offered at Auction. 
The Assets are sold under the "as seen and approved" clause and, consequently, are sold without warranties, in their actual condition. Each interested party is responsible for carefully inspecting the Assets before placing a bid; inspection of the Assets is therefore strongly recommended.

3.2.    Participation in the Auction
To participate in the Auction and place a bid, the User must:
-    register on the www.gobid.it website in accordance with the website's Terms of Use, or access their "MyGoBid" reserved area if already registered;
-    register for the Auction of interest by clicking the "Register for the Auction" button in the Auction details or in the details of the individual Lot of interest. When registering for the Auction, the User will be asked to expressly accept the General and Special Terms and Conditions of Sale applicable to this sale;
-    pay the security deposit, as specified in the Special Terms and Conditions of Sale and indicated in the relevant Auction/Lot details.
-    where indicated in the Special Terms and Conditions of Sale, the User will be required to provide the documentation specified therein in order to be enabled to participate in the Auction.
Once the above steps have been completed, Gobid Group will enable the User, who may then place a bid for the Lot of interest, in accordance with the Terms of Sale applicable.
Please note that authorization to participate in the Auction will be granted only once the required security deposit has been received; therefore, we recommend completing the transaction well in advance of the Auction end date.
The data entered by the User when registering on the website will be the same data to which any award will be attributed.
All required payments must be made by the parties registered for the individual auctions.  

3.3.    Security deposit
Participation in the Auction is subject to receipt of the Security Deposit, as specified in the Specific Terms of Sale and indicated during the Auction registration process.
If Auction participants do not win any Assets, the deposit will be refunded without interest within 20 business days of the Auction closing date.
If one or more lots are awarded, 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 awarded Assets, including the completion of the administrative formalities required for the sale. 
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 or completed the purchase of the awarded Assets, including the completion of the administrative formalities required for the sale. 
Without prejudice to the right to claim compensation for any greater damages, the security deposit will be retained as a penalty if the General Terms for payment and collection of awarded lots are not complied with for reasons attributable to the Winning Bidder.

3.4.    Types of bids
The User may choose to submit a bid as a "static bid" or a "dynamic bid" (proxy bid), as indicated below:
-    A static bid is considered a fixed-price bid equal to the amount entered by the User in accordance with the Terms applicable to this sale.
-    A maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the Lot that is not visible to other users.
When a registered User submits a static bid, it may be outbid by another user's bid. The User must then submit another static bid to win the Lot.
If a registered User submits a maximum bid (proxy bid), it will remain valid until another user submits a bid exceeding the maximum bid. Bids will be raised automatically based on the specified minimum increments, with the aim of outbidding other bids submitted, up to the amount entered.
Bids will be considered valid only if submitted during the Auction. If bids are received in the 5 minutes before the Auction ends, the time available to submit further bids will be extended by the period specified in the Specific Auction Terms.

3.5.    Awarding of lots
At the end of the Auction, the review phase for awarding the lots will begin and will last a maximum of 48 business hours, unless otherwise specified in the Specific Terms. 
At the end of the review phase, the award will be communicated to the highest Bidder.
If the Winning Bidder fails to pay the sale price within the specified time limits, the award will be deemed forfeited and the sale terminated.
Bids submitted are binding and constitute a formal commitment to purchase. 
If the award to the highest Bidder is forfeited, it may be assigned in turn to the next highest Bidder. 
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right, at its sole discretion, to suspend the Auction or the award of lots, including before the Auction ends.

4.    Payment and collection
Following the aforementioned notice, the Winning Bidder must make the required payment and, therefore, pay the winning bid price, the Buyer’s Premium, any Additional Management Fees, where applicable, and any other charges specified in the Specific Terms of Sale, all plus VAT at 22%, if applicable. 
A User who wins one or more lots must comply with the payment and collection terms and conditions specified in the Specific Auction Terms.
If payment of the amounts due is not completed within the specified time limits, the sale will be automatically terminated and the security deposit will be retained as compensation by way of penalty, resulting in the award being forfeited. 

4.1.    Sales commissions 
Buyer’s Premium
The auction commissions payable to GOBID INTERNATIONAL AUCTION GROUP S.R.L., known as the Buyer’s Premium, shall be charged to the Winning Bidder. They will be calculated on the taxable amount of the sale price declared upon award, at the percentage specified in the Specific Terms of Sale, plus VAT, with a minimum amount of at least € 25.00 per lot (minimum commission). 

Ancillary Management Fees
These are ancillary costs borne entirely by the Successful Bidder, intended to cover the services and activities, performed and to be performed, necessary for preparing, organizing and managing the sale of the Auction Goods and the subsequent award phase. These expenses must be paid at the same time as the Buyer’s Premium due, as stated in the provisional award confirmation, which will be issued after the Auction ends. Where applicable, these fees will be indicated in the Auction/individual Lot listing.

4.2.    Collection of awarded lots
Awarded lots may only be collected once all amounts due as the award price and applicable commissions (Buyer’s Premium, ancillary management fees and other charges, where specified in the Specific Conditions) have actually been received.
Once the amounts due have been paid, the Successful Bidder may collect the awarded Goods according to an agreed schedule. In any event, collection must be completed no later than the deadlines indicated in the Specific Sale Conditions.
Collection must be carried out by the Successful Bidder at their own care and expense. The Successful Bidder must leave the areas affected by the collection free of any items and/or waste materials produced during collection and in a safe condition. It is the Successful Bidder’s sole responsibility to ensure that they operate in compliance with the safety regulations established by law, under their own responsibility, and to make the necessary arrangements in this regard, including with respect to any third parties and/or contractors involved in the aforementioned operations. The Successful Bidder is responsible for disposing of any waste materials produced during collection in accordance with the applicable laws and regulations.
Any damage discovered following collection of the awarded lots shall be borne entirely by the buyer.
It is the Successful Bidder’s sole responsibility to verify whether specific rules or restrictions apply to importing the Auction Goods into the country concerned. Any fees, activities and expenses arising from the aforementioned verification or from export shall be borne by the Successful Bidder. 

5.    Final provisions and warranties 
Each Auction Good is sold on an "as is, where is" basis, in the condition it is in at the time of sale, without warranties. 
Gobid Group, through the platform www.gobid.it, connects buyers and sellers interested in completing a sale; for this reason, Gobid Group neither owns nor possesses any of the items offered at Auction.
Gobid Group lists at Auction all information provided by the Seller; therefore, by placing a bid, the User acknowledges that Gobid Group is not liable for any errors, omissions or inaccuracies in the photographs, descriptions, quantities or any other details provided in the Auction listing. Likewise, Gobid Group provides no warranties regarding the Goods offered for sale; Gobid Group may therefore not be held liable for any defects or any total or partial lack of quality in the Goods offered for sale, or for any claims by third parties.
Before placing a bid, inspection of the lots is strongly recommended in order to verify the actual condition of the Goods offered for sale.
By participating in the Auction, each User acknowledges that, if they are awarded a lot, all costs and expenses for bringing the purchased Goods into compliance with applicable regulations, including those concerning occupational health and safety, environmental protection and ecology, shall be borne by the Successful Bidder.

Gobid Group reserves the right, at its sole discretion, to cancel, extend or interrupt the Auction; registered Users shall have no right to make any claim as a result.

GOBID INTERNATIONAL AUCTION GROUP SRL shall not be liable for direct and/or indirect damages, except in cases of wilful misconduct or gross negligence.
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 access to and/or use of www.gobid.it; the unlawful use of www.gobid.it; or any event occurring after the conclusion of the Auction.
Under no circumstances may GOBID INTERNATIONAL AUCTION GROUP SRL be held liable for any system malfunction that may in any way impair or delay the delivery of communications to the person registering.
The records contained in the log file generated by the system shall constitute full and exclusive evidence between all parties as to the content and timing of documents/messages exchanged electronically. Registrants declare and acknowledge that the system records constitute full evidence of the relations between them. Such records are confidential and will not be disclosed to third parties, except in cases expressly provided for or pursuant to an order of the Judicial Authority.

In the event of any disputes concerning the interpretation of the provisions contained in the General and Specific Conditions published 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 Conditions and on the platform refer to the time zone indicated by the server time published on the website

Gobid.it

Gobid.it GOBID INTERNATIONAL AUCTION GROUP SRL-ek marka erregistratua da

Goiburua: Via P.O.Vigliani, 19 - 20148 Milano (MI)

Jardueren egoitza: Via Merloni, 17/U - 62024 Matelica (MC)

tel: 0039.02.86882269 - fax: 0039.0737.786198 - email: [email protected]