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, authorized to conduct auction sales under Licence no. 13/2008 issued by the Milan Police Commissioner on 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: Item or group of items available for sale in an Auction
- Registered user: User registered on www.gobid.it
- Auction registration: Authorization 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 to be paid to participate in the Auction, where indicated.
- Starting Price: Starting price of individual lots
- Reserve price: Minimum price which, once 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: Extension period added to the duration of the auction to allow additional bids.
- Award: Declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a lot is sold to the highest bidder.
- Sale price: The Award amount 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 at Award
2. Applicability:
These 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 user participation.
2.2. Specific Conditions
These conditions apply unless otherwise specified in the Specific Conditions for each individual AUCTION.
3. Publication of auctions
Auctions will be published on the website www.gobid.it, with details of 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 Conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel, extend or suspend 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 via 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 damage or cause the system to malfunction; 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, for all matters not covered by these general conditions, the provisions contained in the Terms of Use of the website www.gobid.it shall apply.
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 those to which the award may be assigned.
All required payments must be made by the parties registered for the individual auctions. Any powers of attorney or delegations may be considered subject to the Principal's authorisation.
If a deposit is required to participate in the auction, the registered user will not be eligible to participate without prior authorization from GOBID INTERNATIONAL AUCTION GROUP SRL . Authorization will be granted by GOBID INTERNATIONAL AUCTION GROUP SRL only once the deposit has been received. The deposit payment methods, 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 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 assets purchased 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 costs for the occupation of spaces and 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 is awarded 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 purchased at auction, including completion of the administrative formalities required for the sale
The security deposit will be retained if the general payment deadlines for awarded lots are not met.
6. Submission of Bids
Purchase bids for the 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 conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if any discrepancies are found with the General Conditions and 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. 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 it is exceeded by a bid from another user that is higher than the maximum bid. Bids will be placed automatically based on the indicated minimum increments, with the aim of outbidding other bids submitted until the amount entered is reached.
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 Conditions of each individual auction.
6.1. Open Bidding
For an auction 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 a registered user submits a bid, it may be outbid by another user's bid. The user must then 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 longer 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 a reasonable and confirmed bid is submitted.
The award is subject to receipt of the security deposit
If the successful bidder fails to pay the sale price within the specified 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 be revoked, 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 will specify the deadlines for payment and collection, as well as the related compensation clauses in the event of failure to comply with those terms.
If payment of the amounts due is not completed within the specified time limits, the sale shall be automatically terminated and the security deposit shall be retained as liquidated damages, resulting in revocation of the award,in agreement with the principal. Any damage discovered following collection of the awarded lots shall be entirely borne by the buyer.
Collection operations must be carried out in compliance with the safety regulations established by law and under the responsibility of the buyer/successful bidder, who must make the necessary arrangements in this regard, including in relation to any third parties and/or collaborators engaged in said operations.
The Agent disclaims all liability in this regard, as it is merely carrying out an assignment aimed at the competitive sale of the assets related 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 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 to match, or partial discrepancy with, the descriptions of the lots offered at auction. The specific Terms and Conditions will be published for each auction, providing all information relating to the auction itself and the lots.
Furthermore, for anything not provided for in these general terms and conditions, the provisions contained in the Terms of Use of the website www.gobid.it shall apply.
For anything not expressly provided for in these general and specific terms and conditions, reference is made to the provisions of the Code of Civil Procedure and the Italian Business Crisis and Insolvency Code.
The lots are sold as seen and approved, in their current condition.
Inspection of the lots offered at auction is strongly recommended. GOBID INTERNATIONAL AUCTION GROUP SRL or the seller disclaim all liability for any errors, omissions or inaccuracies in the photographs, descriptions, quantities or any other details indicated 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 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 access to and/or use of www.gobid.it; 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 compromise 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 problems connecting to the system arising from server or network malfunctions, or for other reasons at its sole discretion.
The records contained in the log file generated by the system constitute full and exclusive evidence between all parties to these proceedings regarding the content and timing of documents/messages exchanged electronically. Users who register declare and acknowledge that the system records constitute full evidence of the relationships between them. These 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 and conditions 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 indicated in the specific terms and conditions and on the platform refer to the time zone indicated by the server time published on the website
