GENERAL TERMS AND CONDITIONSThis is a collection of irrevocable purchase offers relating to the lots published on the platform
www.gobidreal.it.
Please note that the irrevocable purchase offers covered by this collection do not entail any obligation or commitment on the part of the PRINCIPAL to sell, nor any costs for any brokerage or consultancy services (other than the assignment entrusted to the AGENT), and do not constitute invitations to make offers, offers to the public
ex Art. 1336 of the Italian Civil Code, or solicitations of public savings
ex Art. 94 et seq. of Legislative Decree 58/1998.
For the rules governing participation and all information regarding the above-mentioned collection, please refer to the specific terms and conditions published on the platform www.gobidreal.it.
Table of Contents: · Art. 1. Definitions
· Art. 2. Applicability
· Art. 3. Publication and conduct of auctions and listings
· Art. 4. Participation and submission of offers
· Art. 5. Irrevocable purchase offer
· Art. 6. Obligations of the Principal
· Art. 7. Buyer’s Premium
· Art. 8. Charges
· Art. 9. Security Deposit
· Art. 10. Payments
· Art. 11. Transfer of ownership
· Art. 12. Warranties
Art. 1 Definitions: GOBID INTERNATIONAL AUCTION GROUP S.r.l.: Owner and operator of the online auction website http://www.gobidreal.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT No. and Tax Code 09441470961, authorised to conduct auction sales under Licence No. 13/2008 issued by the Police Commissioner of Milan on 9/04/2008.
gobidreal.it: Registered trademark owned by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
www.gobidreal.it: The website operated by GOBID INTERNATIONAL AUCTION GROUP S.r.l. for the sale of real estate under an assignment entrusted by the Principal.
Principal: The person responsible for the Proceedings
Agent:GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Proceedings:Insolvency proceedings declared by a court, or a sales assignment entrusted by private individuals
Auction: Competitive online sale of real estate published on
www.gobidreal.itListing: Publication of a notice concerning the sale or the collection of offers/expressions of interest for real estate, published on
www.gobidreal.itLot: An asset or group of assets included in an Auction or Listing
Registered User: A user registered on www.gobidreal.it
Auction Registration: Authorisation requested by the Registered User to participate in an individual
AuctionBidder Number: Identification number of the Registered User
General Terms and Conditions: These terms and conditions
Specific Terms and Conditions: The specific terms and conditions of the Auction
Deposit: Amount to be paid to participate in the Auction.
Starting Price: Starting price of the individual lots
Reserve Price: Minimum price which, once reached, authorises the provisional award of the lot
Current Price: Current price of the Lot, resulting from the bid(s) placed by users
Static 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 added to the current price, required to place a Static Bid.
Extra time : Extension of the time available for placing bids in the auction (see the Extra time section)
Provisional Award: Notice sent to the highest bidder by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Award Price: Amount of the award for the lot, excluding any applicable Buyer’s Premium and any additional tax and non-tax charges
Buyer’s Premium: Fee payable to the agent, calculated on the taxable amount of the award price
2. Applicability: These terms and conditions apply to the use of the website www.gobidreal.it and, in particular, to the publication and conduct of auctions and listings, as well as to the terms and conditions governing user participation.
2.1. Specific Terms and Conditions For each auction or listing, where applicable, Specific Terms and Conditions will be published, setting out all specific information relating to the auction or listing and the lots.
These terms and conditions apply unless otherwise specified in the Specific Terms and Conditions for each individual auction or listing
3. Publication and conduct of auctions and listings Auctions and listings will be published on the website www.gobidreal.it, indicating their dates, the lots offered and, where applicable, the general and specific terms and conditions.
GOBID INTERNATIONAL AUCTION GROUP S.r.l., in agreement with the Principal, reserves the right to cancel, extend or suspend the auction or listings.
4. Participation and submission of offers.4.1 Listing User participation in a listing will be governed by the Specific Terms and Conditions, where applicable.
4.2 Online Auction4.2.1 Registration processTo participate in the sale, the user must register on the website
www.gobidreal.it, enter their personal details, request registration for the auction, and accept its terms and conditions.
The details entered by the user when registering on the website and for the auctions will be those to which any award will be granted and in whose name the property will be registered. All required payments, both before and after the sale, must be made by the registered users. Any powers of attorney or authorisations may be considered subject to the Principal's approval.
The user must pay the required security deposit by bank transfer to the account specified in the Specific Terms and Conditions of Sale and on the registration page.
Where stated in the Specific Terms and Conditions of Sale, the deposit may be paid online by credit card.
The user must specify the auction number they intend to participate in and simultaneously send a copy of the bank transfer receipt to
[email protected] The security deposit must be credited before the end of the auction, unless otherwise specified in the Specific Terms and Conditions of Sale.
In addition to paying the security deposit, the user must provide the following documents to be authorised to participate in the auction, by uploading them in the "My Documents" section or sending them to
[email protected] - IF AN INDIVIDUAL:
- Copy of a valid identity document belonging to the person in whose name the property will be registered (the property cannot be registered in the name of a person other than the person who completes the registration, in accordance with the procedure described in section 5.1)
- Copy of the tax code
- If the bidder is married under the statutory community property regime, the spouse's corresponding details must also be provided, together with a copy of their identity document (this document is not required for authorisation but will be required if award)
- IF COMPANIES OR ENTITIES:
- up-to-date company registration certificate or certificate from the Chamber of Commerce, Industry, Crafts and Agriculture (C.C.I.A.A.)
- Copy of a valid identity document of the person who signed the bid on behalf of the company and, if that person is not the legal representative, a copy of the document establishing their authority
- Copy of the tax code of the person who signed the bid
- Any duly legalized translation of the company registration certificate, if the company is not Italian
- Special power of attorney executed or authenticated by a notary, in the case of participation through a representative
Where provided for in specific conditions, additional documents will be required and will supplement those mentioned above.
5. Irrevocable offer to purchase 5.1 Procedure for completing offers at the starting price
The combined effect of crediting the security deposit, formalising registration for the auction – with express acceptance of the general and specific terms of sale published online at www.gobidreal.it – and the user's submission of all supporting documentation required, as specified above in section 4.2.1, shall be deemed equivalent to an irrevocable offer to purchase at the price set as the starting price for each sale attempt and shall itself constitute a binding purchase commitment on the part of the user. Said offer shall be formalised on the platform directly by the Agent by placing an online bid on behalf of the first user to complete the procedure described above.
Where there are multiple participants who have formalised their irrevocable offers to purchase in accordance with the procedures described above, and none of the bidders places a higher bid on the Platform, the best bidder and, therefore, the provisional successful bidder shall be the person who, first in chronological order:
- has completed the aforementioned procedure.
The Agent shall ensure that all bidders are informed by any means whether or not they are the best bidders when the aforementioned irrevocable offer to purchase is formalised.
5.2 Submission of offers to increase the starting price. Placing higher bids The offer formalised by the first bidder may be exceeded by higher bids placed by any authorised user.
To be the best bidder (and therefore the provisional successful bidder), a user must have placed the highest bid when the online auction ends.
Clearly, where multiple participants place higher bids on the starting-price offer, the user recognised as the "first bidder" may also compete to win the lots by placing higher bids on the current price.
To win the lot(s) for sale, users will be invited to increase the price indicated in the auction (and therefore to place at least one higher bid) as follows:
5.2.1 Static bid A "static bid" means a bid at the price published online, plus a predetermined minimum increment.
5.2.2 Maximum bid (Proxy Bid):
A "proxy bid" means an offer for a maximum amount. This is the maximum amount the user is willing to offer for each lot. Each bidder enters the proxy bid amount manually.
Until the user's maximum bid is exceeded by a higher offer, that user shall remain the best bidder and, therefore, the provisional successful bidder.
The current price shall automatically adjust according to the predetermined bid increments, up to the amount set as the "maximum bid".
The value of a user's maximum offer (proxy bid) shall not be visible to other users.
5.3. Validity of offers In all cases (static bid – maximum bid – open bid), offers shall be considered valid only if submitted during the auction period.
5.3.1 Extra time If a winning bid is placed in the 5 minutes before the auction closes, the time available to place another offer shall be extended by a further 5 minutes from the last bid received. This shall continue in the same way for every winning bid received within the 5-minute extra-time period, until the available time expires.
In the event of extra time, 5 minutes must pass without any additional offer being recorded after the last bid received before the auction can be considered definitively closed.
Automatic bid increments in the case of a maximum bid (proxy bid) shall also be considered winning bids.
5.4. Award of the lots At the end of each auction session, following a review process, the best bidders shall be sent confirmation of provisional award pursuant to Article 107 of the Bankruptcy Law, following which they shall be required to make payment by the deadline specified in the specific terms of sale.
The provisional award shall be made to the bidder who submitted the highest offer for each lot or, if no further bids are placed, to the bidder recognised as the first, in chronological order, to have completed the procedure for finalising the irrevocable offer to purchase described in section 5.1.
In the event of an award, the full purchase price must be paid by bank transfer to the account held in the name of the proceedings within the time limits specified in the specific terms, failing which the award shall be forfeited and the security deposit permanently lost.
The sale deed shall be executed by means of a notarial deed in accordance with the procedures established by the Principal (described in section 11, Transfer of ownership).
Submitted offers are binding and constitute a formal commitment to purchase. If the successful bidder fails to pay the consideration within the time limits specified in the specific terms of sale, or if the award is forfeited, the sale shall be automatically rescinded and the security deposit shall be retained in accordance with the procedures set out in the "Security deposit" section. In such a case, the award shall be made successively to the next-best bidder who has completed the procedure described in section 5.1 or placed a higher bid, as set out in section 5.2.
5.5 Other provisions Where provided for by law, the Principal, as the party responsible for the sale procedure, may exercise the right provided for under Article 107, fourth paragraph, of the Bankruptcy Law and suspend the sale upon receiving an irrevocable offer to purchase that improves on the existing offer by an amount of no less than ten percent of the price offered.
In any event, GOBID INTERNATIONAL AUCTION GROUP S.r.l. reserves the right to suspend the auction or the award of the lots in agreement with the Principal.
6. Obligations of the PrincipalPursuant to Article 107 of the Bankruptcy Law, the Principal undertakes to give notice by notification to each mortgage creditor or creditor otherwise holding a preferential claim at least 20 days before the date set for the conclusion of each sale attempt, and to inform the Delegated Judge and the Creditors' Committee of the outcome of each sale attempt, filing the relevant documentation with the Court Registry.
The Principal declares that any registrations relating to pre-emption rights, registrations of attachments and precautionary seizures, and any other encumbrances on the real estate assets offered for sale shall be cancelled pursuant to Article 108 of the Bankruptcy Law once the sale has been completed and the price paid in full. Unless otherwise provided in the specific terms of sale, all formalities for cancellation shall be carried out at the successful bidder's expense and under their responsibility.
7. Buyer’s Premium The fee due to the Agent shall be payable exclusively by the buyer and shall be indicated as the Buyer’s Premium. It shall be calculated on the amount of the winning bid for the asset, in accordance with the procedures set out in the specific terms of sale.
8. Costs The buyer shall bear the notarial fees, statutory taxes and all expenses relating to the sale, whether tax-related or otherwise (except those set out above in section 6). The Principal shall provide details of the exact amount of the costs and an accurate breakdown as soon as possible.
The Principal shall make the necessary arrangements in this regard, taking into account the tax rules applicable to the transaction and of any tax benefits the purchaser intends to claim. The Principal will therefore be required to verify whether the transaction is subject to VAT or registration tax and, where the relevant conditions are met, to specify whether it intends to apply the reverse-charge mechanism.
At the end of the sale, the Agent will also ask the successful bidder whether they intend to claim the first-home tax relief or another tax benefit, and will inform the Principal accordingly, so that the exact amount of tax payable by the purchaser can be calculated.
The successful bidder must pay the expenses by the deadlines specified in the specific terms of sale.
9. Security deposit Participation in the auction is conditional upon payment of the mandatory security deposit specified in the specific terms of sale.
Before being authorised to participate in the auction, participants must pay the amount specified above by bank transfer or, where provided for in the specific terms, by credit card through the platform. Payments must be made as set out in the specific terms of sale.
The security deposit must be credited before the auction ends.
For payments by bank transfer, a BIR transfer (high-value bank transfer) is recommended.
If participants do not win any lots at the auction, the security deposit will be refunded within 20 working days of the award, without interest.
If one or more lots are awarded, the security deposit will be refunded after the purchaser has completed the transfer of ownership of the real estate acquired at auction by means of a notarial deed, subject to authorisation from the Principal. In such cases, at the Principal’s discretion, the security deposit may be retained to cover any costs attributable to the Proceedings or other services provided by the Agent.
If the security deposit is paid by credit card, it will be credited to the Agent’s current account, and the Agent will refund the amount thus retained in accordance with the procedures described above.
If the purchaser wins at least one lot at auction, the Agent may, in agreement with the Principal, deduct the security deposit from the total amount due from the purchaser.
If, after paying the security deposit, the bidder fails to complete the purchase within the deadlines specified in the specific terms of sale, including payment of both the winning bid price and the Buyer’s Premium, as well as any additional costs, the sale will be automatically terminated and the security deposit will be retained as liquidated damages.
10. Payments The provisional successful bidder for one or more lots must comply with the specific auction terms, which specify the deadlines for payment of both the lots won and the Buyer’s Premium due, as well as any additional costs, and the related compensation clauses in the event of failure to comply with those terms.
All payments must be made in full exclusively by bank transfer, unless otherwise specified in the specific terms. The payment details will be provided when the user receives confirmation of the provisional award.
If the amounts due are not paid in full by the specified deadlines, the sale will be automatically terminated in agreement with the Principal, and the security deposit will be retained as liquidated damages, with the award consequently forfeited.
11. Transfer of ownership
Ownership will be transferred by means of a deed executed before a Notary appointed by the proceedings, only after full payment of the winning bid price, expenses and Buyer’s Premium, unless otherwise specified in the specific terms of sale.
In the case of court-ordered sales, the Principal will also notify the Delegated Judge so that the Judge may arrange for the cancellation of any prejudicial registrations on the properties being transferred, pursuant to Art. 108 of the Bankruptcy Act, as indicated in Art. 6.
Once the payment deadlines set out in the specific terms of sale have passed, if the transfer of ownership is not completed, the sale will be automatically terminated and the amount paid by the successful bidder as Buyer’s Premium will be retained by the Agent as liquidated damages. The amount paid by the successful bidder as a security deposit will instead be retained in accordance with the rules set out in the Security Deposit section.
12. Warranties GOBID INTERNATIONAL AUCTION GROUP S.r.l. is not responsible for any failure to correspond, or partial correspondence, between the descriptions of the lots offered at auction or in advertisements published on the platform and the actual lots.
For all matters not covered by these general terms or the specific terms, the provisions contained in the terms of use of the website
www.gobidreal.it shall apply.
The registered user is aware of the potential objective and subjective issues arising from the use of an online auction or online advertisement conducted via the internet, for which GOBID INTERNATIONAL AUCTION GROUP S.r.l. cannot be held liable.
GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall not be liable for 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 S.r.l. be liable for: actions taken directly by the user that may damage or impair the system; the unavailability of access to and/or use of www.gobidreal.it; unlawful use of www.gobidreal.it; or any event occurring after the auction has concluded.
For all matters not expressly covered by these general and specific terms, reference is made to the provisions of the Italian Code of Civil Procedure and the Bankruptcy Act.
The sale of real estate is a forced sale (Art. 2919 of the Italian Civil Code). The properties are sold as seen and accepted, in their actual and legal condition. In a forced sale, no warranty is given against defects in the property. The sale cannot be challenged on grounds of damage. (Art. 2922 of the Italian Civil Code).
The Agent shall have no liability whatsoever regarding the existence of third-party rights over the assets being sold (Art. 2920 of the Italian Civil Code).
The real estate is sold in the actual and legal condition in which it is found, together with all appurtenances, fixtures, rights and claims, and active and passive easements. The sale is of the property as a whole and not by measurement, and is without any warranty against defects or other deficiencies.
UNAUTHORISED WORKS, VIOLATIONS, ENCUMBRANCES, COMPLIANCE WITH APPLICABLE REGULATIONS
For further information regarding any unauthorised works, violations, encumbrances or non-compliance with applicable regulations affecting the lots for sale, please refer to the attached valuation report.
The lots are sold as seen and accepted, in their current condition.
Viewing the lots offered at auction is strongly recommended. GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal disclaim all liability for any errors, omissions or inaccuracies in photographs, descriptions or any other details given for the auction or in advertisements. 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 S.r.l. or the Principal.
By accepting these terms, the purchaser releases GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal from all warranties and third-party claims.
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.
Under no circumstances shall GOBID INTERNATIONAL AUCTION GROUP SRL be liable for: actions taken directly by the user that may damage or impair the system; the unavailability of access to and/or use of www.gobid.it; or unlawful use of www.gobidreal.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 person who registers.
At the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL, and in agreement with the Principal, the competitive procedure may be suspended and/or postponed due to technical connection problems with the system caused by server or network malfunctions, or, at its sole discretion, for other reasons.
The records contained in the log file generated by the system shall constitute full and exclusive evidence between all parties to this procedure with regard to the content and timing of documents/messages exchanged electronically. The persons who register declare and acknowledge that the system records constitute full evidence of the relations between them. These 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 provided for in these terms, the provisions contained in the terms of use of the website www.gobidreal.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.
