GENERAL TERMS AND CONDITIONS

1. Definitions

GOBID INTERNATIONAL AUCTION GROUP SRL: owner and operator of the online auction site http://www.gobidreal.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT No. - Fiscal Code 09441470961, hereinafter also “Gobid Group”.
Seller: owner of the Goods offered for sale.
Gobidreal.it: proprietary trademark registered by Gobid Group.
www.gobidreal.it: web portal managed by Gobid Group for the sale of Goods on commission, also referred to as the “Site” or the “Platform”.
Auction: A competitive online auction conducted asynchronously via the website www.gobidreal.it. All interested bidders must register and submit bids, in accordance with the applicable Specific Conditions, within the date range indicated in the Auction Schedule. This auction is identified on the www.gobidreal.it platform as "Auction."

Lot: An item or set of items available for sale for a single auction.

Sales Experiment: A competitive auction aimed at maximizing the realisation price of an item, conducted electronically and managed through the www.gobidreal.it portal, in compliance with the rules and terms set forth in the Conditions of Sale applicable to the auction. Please note that the term "Sales Experiment" or "sale," when used in these conditions, has a merely descriptive and conventional meaning and may refer, depending on the lot description, not only to procedures aimed at transferring ownership of the asset, but also to competitive procedures with different legal purposes (such as, but not limited to, leasing, rental, etc.). In any case, for the purposes of the legal classification of the relationship and the effects deriving from the experiment, what is expressly indicated in the individual lot description will prevail, which prevails over these definitions in the event of discrepancies.
User: User of the www.gobidreal.it platform.
Registered User: User registered on www.gobidreal.it, also referred to as Bidder.
"Register for Auction": function that allows the User to register for the auction and place a bid.
Bidder Number: identifier of the registered User.
General Conditions: these terms and conditions.
Specific Conditions: Specific terms and conditions applicable to the experiment, available for consultation within the Auction Information Sheet.
Notice of Sale: Terms and conditions applicable to the experiment.
Conditions of Sale: Generic term to collectively refer to the conditions of sale set forth in the General Conditions, the Specific Conditions, and the Notice of Sale, where applicable.
Security Deposit: Amount required to place a bid and participate in the experiment, where required.
Base Price: Starting price established for each Lot.
Reserve Price: Minimum price required to award the Lot, unless otherwise specified in the conditions applicable to the experiment.
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 is willing to pay for the Lot.
Minimum Bid: A predetermined amount that must be added to the current price to increase the bid in the event of a competitive bidding process.
Extra Time: The time allowed to extend the auction duration for the submission of additional bids during the competitive bidding phase.
Selling Price: The Lot's hammer price, determined when the experiment is concluded.
Award: The conclusion of the experiment with the lot being awarded to the highest bidder.
Award Confirmation: A communication sent by Gobid Group to the highest bidder at the end of the experiment, summarizing the hammer price and the Buyer's Premium to be paid.
Winner: The person to whom the Lot is awarded, as the highest bidder.
Selling Price/Hammer Price: The lot's hammer price as it stands at the end of the experiment.
Buyer's Premium: Commissions or auction fees due to GOBID GROUP for managing the auction, paid by the winning bidder, calculated as a percentage of the hammer price, plus VAT.

2. Applicability

These Conditions govern the terms and conditions of the auction and apply in conjunction with:

Terms of Use of the website www.gobidreal.it, accepted during registration on the website;

Specific Conditions published in the relevant Auction Information Sheet.

Notice of Sale, if any.

If the Specific Conditions and/or the Notice of Sale (if any) provide for the application of different terms than those indicated in these General Terms and Conditions, the individual differing provisions set forth in the Specific Conditions and/or the Notice of Sale (if any) shall prevail.

In the event of a conflict between the provisions of the Specific Conditions and the Notice of Sale, the provisions of the Notice shall prevail.

These conditions, together with the Specific Conditions and/or the Notice of Sale, if any, (collectively, the Conditions of Sale) govern the conduct and participation procedures applicable to the Experiment.

By participating, the registered User declares that he or she has carefully read the Conditions of Sale applicable to the Experiment and accepts them without reservation.

For any information regarding the use of the site and the processing of personal data provided, please refer to the "Terms of Use" and the "Privacy Policy" published on the website www.gobidreal.it.

3. Main Conditions of the Experiment

Gobid Group, through the www.gobidreal.it platform, promotes the sale of Goods based exclusively on the information provided by the Seller, without verification or revision.
For this reason, it is specified that Gobid Group:

is not responsible for any errors, omissions, or inaccuracies reported in the online information.
does not hold ownership of, nor is it intended as the custodian of, the Goods subject to this experiment, which are the property of the Seller.
is not responsible for any flaws, defects, or lack of quality, whether total or partial, of the Goods offered for sale.

All Goods are sold by the Seller in their "as is" condition at the time of sale, with no guarantees regarding their characteristics or state of preservation.
For this reason, before making an offer, it is strongly recommended that you carefully examine the Goods and the documentation provided, and carry out independent checks, at your own expense, before making an offer.
By completing the offer process, as indicated below, the User submits a binding offer; it will therefore not be possible to modify or revoke the offer submitted. Each User is encouraged to always review their offer before confirming it.

4. Viewing the Goods

Interested parties may view the goods:

online using the available documentation;
in person, by making a reservation at [email protected] or by calling +39 02 86882269, or through the "Request a Viewing" section.

Viewings are not permitted on Saturdays, Sundays, and public holidays. Please note that viewings cannot be guaranteed within 7 days of the offer submission deadline; it is recommended that viewing requests be made well in advance.

If necessary, interested parties will be required to provide any requested documentation for viewing purposes.
By requesting to view the Lots, each interested party declares that they are aware that viewing the Lots will be carried out under their sole responsibility, expressly indemnifying Gobid Group and/or the Seller. Gobid Group and the Seller assume no liability for any damage to persons and/or property resulting from viewing. It is therefore the responsibility of each interested party to view the Lots, taking the necessary precautions based on the nature of the Lot being viewed.

5.       Conduct of the Auction and Participation Procedures

The Auction will take place on the www.gobidreal.it platform, according to the terms and conditions set forth in the General Conditions, the Specific Conditions, and the Notice of Sale, where applicable, applicable to this Auction.

The Auction will run for the time indicated in the auction information sheet; during this timeframe, each interested party may register for the Auction and place their bid.

For each Lot, the following is indicated:

Base Price, intended as the starting price.

Minimum Bid, defined as the minimum pre-established amount added to the current price.
Reserve Price, defined as the minimum price that, if reached, allows the item to be awarded to the highest bidder at the end of the auction, unless otherwise specified in the Specific Conditions. If the Reserve Price is not reached, the bid will be subject to the Seller's sole discretion, and the Seller may accept or reject it.

The description provided in the Auction Information forms an integral part of these Conditions of Sale.

Participation in the Auction

To participate in the Auction and place a bid, the User must:

log in to their reserved area, if already registered, or register on the website www.gobidreal.it, in accordance with the website's Terms of Use, by entering the following information:
if the Bidder is a natural person, the surname, the name, tax code (and VAT number if the individual intends to make the purchase as part of a business or professional activity), residence/domicile, marital status (if married/in a civil union with joint ownership of property), the Bidder's telephone number, and the bank account details in the Bidder's name from which the deposit is being paid, which will be used to refund the deposit in the event of failure to win the bid;
if the Bidder is a legal entity, the name, registered office, tax code/VAT number of the company, the name of the legal representative, the telephone number, and the bank account details in the Bidder's name from which the deposit is being paid, which will be used to refund the deposit in the event of failure to win the bid;
Register for the individual auction of interest by clicking the "Register for Auction" button on the auction page. Upon registration for the Auction, the User will be asked to expressly accept the General and Specific Conditions of Sale applicable to this experiment;
pay the security deposit, as specified in the Specific Conditions of Sale and reported in the relevant Auction Sheet.
provide the required documentation for participation, as specified in the Specific Conditions of Sale.

The combined effect of the deposit payment, the formalization of registration for the Auction—with express acceptance of the Conditions of Sale, published online at www.gobidreal.it—and the User's submission of all required supporting documentation, as specified above, will be considered equivalent to an irrevocable offer to purchase at the starting price for each experimental sale and will itself constitute a binding purchase commitment on the part of the User.

This offer will be formalized on the platform directly by Gobid Group through an online bid, on behalf of the first user to complete the above-described completion procedure.

If multiple bidders have formalized their irrevocable purchase offer, as described above, and none of the bidders raises their bid on the Platform, the highest bidder, and therefore the successful bidder, will be the first bidder to complete the aforementioned procedure.

Subsequent bids, to be valid, must exceed the highest bid received by an amount at least equal to the minimum raise and be received by the auction end deadline. They will be formalized directly by the authorized User on the www.gobidreal.it Platform, according to the procedures published on the platform itself. The Auction is subject to a reserve price; all bids below the reserve price will be submitted to the Seller, who reserves the right to accept or reject them at their sole discretion. The decisions made do not give bidders or any third parties any rights regarding the award under this trial, including the right to seek potential compensation for damages/indemnification.

Once the above steps are completed, Gobid Group will enable the User, who will then be able to submit a bid for the Lot of interest, in accordance with the applicable Conditions of Sale.

The data entered by the User during registration on the site will be the same as those to which the award will be attributed.

All required payments must be made by the individuals registered for the individual auctions.

Security Deposit

Participation in the Auction is subject to the receipt of the Security Deposit, as specified in the Specific Conditions of Sale and reported during the Auction registration process.

If the Auction participants do not win any items, unless otherwise specified in the Specific Conditions, the 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, unless otherwise specified in the Specific Conditions, will be refunded after ownership has been transferred to the winning bidder.

The security deposit, without prejudice to the right to compensation for further damages, will be retained as a penalty in the event of failure to meet the payment deadlines due to a cause attributable to the winning bidder.

Bid Types

The User may choose to make their 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 and Conditions applicable to this experiment.
-    The maximum dynamic bid (proxy bid) is considered a dynamic bid for the Lot, not visible to other users.
When a registered User places a static bid, it may be exceeded by a bid from other users. The User will then be required to place another static bid to win the Lot.
If a registered User places a maximum bid (proxy bid), it will be considered valid until it is exceeded by a bid from other users that is higher than the maximum bid. Increases will be made automatically based on the minimum bids indicated, aiming to exceed other bids until the entered amount is reached.
Bids will be considered valid only if placed during the Auction period.

Extra Time

If a winning bid is placed within 5 minutes before the auction closes, the time allowed to place another bid will be extended by an additional 5 minutes from the last bid received. Thus, for each winning bid received within the 5 minutes of extra time, the time allowed to place another bid will be extended by an additional 5 minutes from the last bid received, for all Lots included in the auction. Automatic increases in the event of a maximum bid (proxy bid) will also be considered winning bids.

6. Award, payment methods, and transfer of ownership

At the end of the auction, the winning bidder will be the one who submitted the highest valid bid within the auction end date or any extension period.

The terms for payment of the awarded Lot, any related expenses, and any auction commissions accrued following the award, due to Gobid Group, will commence upon confirmation of award.

Payment must be made within the terms and conditions indicated in the Specific Conditions of Sale.

In the event of an award, unless otherwise specified in the Specific Conditions, the security deposit paid for participation in the auction will be returned to the successful bidder, without interest, only after the transfer of ownership has been completed, in accordance with the Specific Conditions of Sale to which reference is made.

The transfer of ownership of the sale in favor of the successful bidder will therefore occur only after the aforementioned notarial deed has been executed.

The security deposit may be retained to cover any costs related to the sale, including the applicable Buyer's Premium, if unpaid by the winning bidder, without prejudice to the right to claim the remainder.

It is understood that the transfer of ownership will be completed only after full payment of the hammer price, all related sales expenses, and the Auction Commission (Buyer's Premium) due to the Gobid Group auction house for managing the online auction.

The buyer is responsible for notary fees, legal taxes, and all related expenses, both fiscal and otherwise.

Unless otherwise specified in the Specific Conditions of Sale, the goods are sold free of encumbrances; if any, these will be cancelled at the Seller's expense, either in advance or at the time of sale, unless otherwise specified in the Specific Conditions or agreed between the Parties.

Submitting an offer in accordance with the Conditions of Sale applicable to the online auction constitutes a binding purchase commitment by the User. Therefore, in the event of failure to pay within the established deadline, for reasons attributable to the User, the award will be declared void, the sale will be cancelled, and the deposit will be retained as a penalty, without prejudice to the right to seek compensation for further damages.

7. Buyer's Premium

The successful bidder will be responsible for the Buyer's Premium, plus VAT, due to Gobid Group for managing the auction. This fee is calculated as a percentage of the hammer price, as indicated in the Specific Conditions of Sale, to which reference should be made.

The right to payment of the Buyer's Premium accrues upon award; Without prejudice to the provisions of the "Award, Payment Methods, and Transfer of Ownership" section, in the event of non-payment, even partial, Gobid Group reserves the right to take action to enforce the debt collection, without prejudice to any further rights and remedies provided by law.

In the event of forfeiture of the award due to causes attributable to the successful bidder, the latter will be liable in any case is required to pay the above-mentioned fees, which, if paid, will be retained by Gobid Group.

8. Publication

All auctions are published on the website www.gobidreal.it, indicating the auction dates, Conditions of Sale, information on the lots eligible for bidding, and auction details.

The duration of the auction is indicated in the Auction Sheet as well as in the specific conditions and/or in the Notice of Sale (where applicable). Unless otherwise specified, the times shown in the specific conditions and on the platform refer to the time zone indicated in the server time published on the website.

It is understood that, at the sole discretion of Gobid Group and/or the Seller, the auction or award may be suspended and/or postponed in any case, including due to technical problems with the system connection, caused by server or network malfunctions. This does not entitle the registered user and/or successful bidder to any claim for compensation or damages.

All transactions carried out on the platform by the user are subject to registration. The registrations in the system-generated log file constitute full and exclusive proof between all parties to this competitive procedure regarding the content and timing of documents/messages exchanged electronically. Registering parties declare and acknowledge that the system registrations constitute full proof of the relationship between them. These registrations are confidential and will not be disclosed to third parties, except in the cases expressly provided for or by order of the Judicial Authority.

GOBID INTERNATIONAL AUCTION GROUP SRL cannot, under any circumstances, be held liable for any system malfunctions that may in any way jeopardize or delay the delivery of communications to the registrant, nor for the unavailability of viewing and/or use of www.gobidreal.it, or for any unlawful use of www.gobidreal.it by Users.

GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel submitted bids if they are found to be inconsistent with the Conditions of Sale applicable to the auction in question.

In the event of any disputes arising regarding the interpretation of the provisions contained in the general and specific conditions published on the platform, which may be translated into other languages, the Italian version of the text will prevail.

9. Warranties

Each item is sold by the Seller under an "as is" clause, in the condition in which it is found at the time of sale, without warranties.

The existence of any defects, lack of quality, or non-conformity in the item sold, or charges of any kind, shall not give rise to any compensation, indemnity, or price reduction.

Gobid Group, through the www.gobidreal.it platform, promotes the sale of Goods owned by the Seller, according to the information provided by the Seller, without revisions or verifications. For this reason, Gobid Group is not responsible for any errors, omissions, or inaccuracies reported in the online information.

It is also specified that Gobid Group does not hold ownership of, nor is it intended as custodian of, the Goods subject to this sale, which are the property of the Seller.

Gobid Group is therefore not responsible for any defects, flaws, or lack of quality, whether total or partial, of the Goods offered for sale.

All Goods are sold in their "as is" condition at the time of sale, with no guarantees regarding their characteristics or state of preservation.

For this reason, before placing a bid, it is strongly recommended that you carefully examine the Goods and the documentation provided, and conduct your own checks, at your own expense, before placing a bid.

Each participant is responsible for carefully and thoroughly reading the General and Specific Conditions of Sale applicable to this auction, as well as the documentation published online.

Considering the above, by placing a bid, the User declares that they are aware that Gobid Group is not responsible for any errors, omissions, or inaccuracies in the photos, descriptions, quantities, or any other details indicated in the Auction.