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, with registered office in Milan, Via P.O. Vigliani, 19, VAT No. - Tax Code 09441470961, authorized to conduct auctions under Licence No. 13/2008 issued by the Police Commissioner of Milan on 9/04/2008.
- 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 goods on commission
- 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: Authorization requested by the registered user to participate in an individual Auction
- Bidder Number: Identification number of the Registered User
- General Conditions: these terms and conditions
- Specific Conditions: Terms and conditions specific to the Auction
- Deposit: Amount to be paid to participate in the Auction, where indicated.
- Starting Price: Starting price for individual lots
- Reserve Price: Minimum price which, when reached, 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 the user intends 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: Time extension to the auction duration to allow further 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 upon Award
2. Applicability:
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 governing users' participation.
2.2. Specific Terms and Conditions
These terms and conditions apply unless otherwise provided in the Specific Terms and Conditions of each individual AUCTION.
3 Publication of auctions
Auctions will be published on 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 terms and conditions set out in greater detail in the Specific Terms and Conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel, extend or interrupt the auction at its sole discretion.
The registered user acknowledges the possible 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 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 damage or cause the system to malfunction; unavailability of access to and/or use of www.gobid.it; unlawful use of www.gobid.it; or any event occurring after the conclusion of the auction.
Furthermore, any matters not provided for in 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, expressly accepting its General Terms and Conditions and Specific Terms and Conditions.
The details entered by the user when registering on the website will be those to which the award may be granted.
All payments required must be made by the parties registered for the individual auctions. Any powers of attorney or authorisations may be considered subject to the Principal's prior authorisation.
If a deposit is required to participate in the auction, the registered user will not be authorized to participate unless approved by GOBID INTERNATIONAL AUCTION GROUP SRL . Authorization will be granted by GOBID INTERNATIONAL AUCTION GROUP SRL only once the deposit has been received. Where applicable, the deposit payment methods will be specified in the auction's Specific Conditions.
If auction participants do not win any lots, the security deposit will be refunded within 20 business days of the auction's closing date, without interest.
If one or more lots are won, the security deposit will be refunded after the buyer has collected the goods purchased at auction, settled any payments for additional services, or completed the purchase of the goods acquired at auction, including the completion of the administrative procedures required for the sale, subject to the Principal's authorization. In such cases, the security deposit may be withheld to cover any charges for the use of spaces and areas relating 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 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 goods acquired at auction, including the completion of the administrative procedures required for the sale
The security deposit will be withheld if the general payment terms for the lots won are not complied with.
6. Submission of Bids
Registered users, subject to any required authorization to participate, may submit bids to purchase lots on the individual lot pages available at www.gobid.it.
Bids will always be subject to verification that they correspond to the stated prices and comply with the bidding increments. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if any 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 a registered user submits a static bid, it may be outbid by another user's bid. The user will then have to 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 outbid by another user's bid that exceeds the maximum bid. Bids will be placed automatically based on the stated minimum increments, with the aim of outbidding other bids submitted until the entered amount is reached.
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 period specified in the Specific Conditions for each auction.
6.1. Open bidding
In an auction using the open-bidding format, the user may bid the amount shown or increase it by the recommended minimum increment using the relevant controls, or 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. The user will then have to submit another static bid to become the highest bidder and compete to win the lot.
7. Awarding of lots
Once the auction has ended, the review phase for the provisional awarding of lots will begin and will last a maximum of 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 a reasonable and confirmed bid is submitted.
The award is conditional upon receipt of the security deposit
If the successful bidder fails to pay the sale price within the established time limits, 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 should lapse, it will be assigned 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 set out the time limits for payment and collection and the related compensation clauses in the event of failure to comply with these terms.
If payment of the amounts due is not completed within the established time limits, the sale will automatically be deemed terminated, and the security deposit will be retained as compensation by way of penalty, and the award will consequently lapse,in agreement with the principal. Any damage discovered following collection of the lots awarded will be entirely the buyer's responsibility.
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 ensure compliance, including by any third parties and/or workers involved in these operations.
The Agent accepts no responsibility in this regard, as it merely carries out an assignment aimed at the competitive sale of the assets relating to the Proceedings.
For exports to 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 presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for any failure to correspond, or partial correspondence, between the descriptions of the lots offered at auction and the lots themselves. Specific Terms will be published for each auction, detailing all information relating to the auction and its lots.
Furthermore, any 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.
Any matters not expressly covered by these general and specific terms and conditions will be governed by the provisions of the Code of Civil Procedure and the CCII.
Lots are sold as seen and accepted in their current 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 stated in the lot catalogues. For this reason, inspection of the lots is strongly recommended in order to verify the actual condition of the goods 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 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; or the 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 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 log file records constitute full and exclusive evidence between all parties to this procedure regarding the content and timing of documents/messages exchanged electronically. Registered users declare and acknowledge that system records provide 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 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 stated 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
