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 auction sales under License No. 13/2008 issued by the Police Commissioner of Milan on 9/04/2008.
- Gobid.it: 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 consignment
- 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: 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, 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 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.
- Award: Declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a lot is sold to the highest bidder.
- Sale price: Amount of the Award for the lot when the auction is deemed to have concluded
- Buyer's Premium: Percentage amount calculated on the taxable amount of the sale price declared at 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 Conditions
These terms apply unless otherwise provided in the Specific Conditions of each individual AUCTION.
3 Publication of auctions
Auctions will be published on the website www.gobid.it, specifying 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 interrupt the auction at its sole discretion.
The registered user is aware of 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 shall not 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. 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, unavailability of access to and/or use of www.gobid.it, unlawful use of www.gobid.it, or any event occurring after the auction has concluded.
Furthermore, all matters not covered by these general terms 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 Conditions and Specific Conditions.
The data entered by the user when registering on the website will be the same data 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 authorisations 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 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 after the deposit has been received. The methods of payment of the deposit, where applicable, will be indicated in the Specific Auction Conditions.
If auction participants do not win any items, the security deposit will be refunded within 20 business days of the auction's closing date, without interest.
If one or more lots are awarded, 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 bought at auction, including the completion of the administrative procedures required for the sale, subject to authorization from the Principal. In such cases, the security deposit may be withheld to cover any charges for occupying 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 or completed the purchase of the goods bought 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 awarded lots are not met.
6. Submission of Bids
Bids to purchase lots may be submitted by the registered user, who may be authorized to participate, on each individual lot page available at www.gobid.it.
Bids will always be subject to verification of their compliance with the indicated prices and bidding conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if discrepancies are found with the General Conditions and Specific Conditions.
There are two types of bids: static and dynamic (proxy bids):
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 the 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 automatically increased based on the indicated minimum increments, in order to outbid the other bids submitted, up to the amount entered.
Bids will be considered valid only if submitted during the auction period. If bids are received in the 5 minutes preceding the end of the auction, the time available for submitting further bids will be extended by the period specified in the Specific Conditions for each individual auction.
6.1. Open Bid
In an auction with an open-bid format, the user may offer an amount equal to the indicated amount or increase it by the recommended minimum increment using the appropriate controls, or may enter directly the amount they wish to offer.
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 the 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 suitable 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 purchase commitment. If the award to the highest bidder is 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 conditions, which will specify the payment and collection deadlines and the related compensation clauses in the event of failure to comply with those conditions.
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 client. Any damage found upon collection of the awarded lots shall be borne entirely by the buyer.
Collection operations must be carried out in compliance with the safety regulations laid down by law and under the responsibility of the buyer/successful bidder, who must make the necessary arrangements, including with regard to any third parties and/or collaborators involved in those operations.
The Agent disclaims all liability in this regard, as it merely carries out an assignment aimed at the competitive sale of the assets relating to the Proceedings.
In the case of export to customers outside the European Union, in compliance with Italian law, the bodies conducting 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 export has taken place and refunded upon submission of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for any discrepancy, whether total or partial, between the descriptions of the lots offered at auction and the actual items. The Specific Conditions will be published for each auction and will provide all information relating to the auction itself and the lots.
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.
For all matters not expressly provided for in these general and specific conditions, reference is made to the provisions of the c.p.c. and the C.C.I.I.
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 liability 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 items offered at auction.
No warranty is given by GOBID INTERNATIONAL AUCTION GROUP SRL or by the seller.
By accepting these conditions, the buyer releases GOBID INTERNATIONAL AUCTION GROUP SRL and the seller from all warranties and third-party claims.
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: direct actions 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.
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 with the system resulting from server or network malfunctions, or for other reasons at its sole discretion.
System-generated log file records shall constitute full and exclusive evidence between all parties to these proceedings as to the content and timing of documents/messages exchanged electronically. Users who register declare and acknowledge that 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 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 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 stated in the specific terms and conditions and on the platform refer to the time zone indicated by the server time published on the website
