Table of Contents:Art. 1. Definitions
Art. 2. Applicability
2.2. Specific Conditions
Art. 3 Publication of Auctions
Art. 4. Conduct of Auctions
Art. 5. Participation in Auctions
Art. 6. Submission of Bids
Art. 7. Award of Lots
Art. 8. Payment
Art. 9. Guarantees
1. Definitions·
GOBID SPAIN SL: Manager of the online auction website
http://www.gobid.es, located in Malaga, Calle Esperanto no. 4, 29007, Tax ID: B72551898, authorized with Sales Mandate for real estate and movable properties
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Gobid.es: Commercial brand under which GOBID SPAIN SL operates
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www.gobid.es: The website managed by
GOBID SPAIN SL for the sale of goods.·
Auction: online sale of goods published on the page
www.gobid.es·
Lot: Property or set of properties subject to auction.
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Registered user: User registered on
www.gobid.es·
Registration in the auction: Prior authorization required so that the registered user can participate in the auction.
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Bidder Number: Identification of the
registered user. ·
General Conditions: These Terms and Conditions, which generally govern all auctions.
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Specific Conditions: Specific Terms and Conditions of each auction.
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Deposit: Amount required prior to participation in the auction, when expressly required.
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Base price: Starting price of individual lots.
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Reserve price: Minimum price below which the lot cannot be sold
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Current price: Current price of the lot
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Simple bid: amount entered by the user to increase the current price of the lot.
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Maximum bid: (proxy bid) maximum amount that the user is willing to pay for the lot.
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Minimum increment: improvements must be made in tranches by a pre-established amount.
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EXTRA-TIME: Time available from the Auction deadline for submitting new offers.
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Award: Declaration by
GOBID SPAIN SL that a lot is sold to the highest bidder.
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Sale price: Amount of
award of the
lot at the time the auction is deemed concluded.
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Buyer’s Premium: Percentage amount calculated on the sale price declared in the
award of the auction.
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Days: when it is not specified whether they are calendar or business days, they shall be understood as calendar days.
2. Applicability.These conditions apply generally to any use of the page
www.gobid.es and in particular to the publication and conduct of the Auction, as well as to the terms and conditions of users who participate in them.
2.1. Specific Conditions.The specific conditions of each auction shall take precedence in application over these general conditions.
3. Publication of Auctions.The Auctions will be published on the website
www.gobid.es indicating the conduct dates and the catalog of lots.
4. Conduct of Auctions. Each Auction will be published on the website
www.gobid.es according to the terms and conditions indicated in the General and Specific Conditions. GOBID SPAIN SL reserves the right to cancel, extend or interrupt the Auction at its own discretion.
The registered user expressly consents to and accepts all objective and subjective problems and conflicts that may arise from the use of an online Auction, and states that GOBID SPAIN SL is released from all liability for any loss or damage caused as a result thereof.
Any liability of GOBID SPAIN SL for damages or losses caused to the registered user directly and/or indirectly is excluded, limiting such liability only to cases where there is willful misconduct or gross negligence.
GOBID SPAIN SL is not responsible in any way for the user's own actions that cause damage, malfunction, incorrect display and/or improper use of the website
www.gobid.es, whether prior to, simultaneous with or after the auction process.
In all matters not provided for in the general conditions, the provisions contained in the terms of use of the website
www.gobid.es shall apply.
5. Participation in Auctions.The user registered on the page
www.gobid.es shall be required to register for each Auction by accepting the General Conditions and the Specific Conditions in order to participate.
If a deposit is required to participate in the Auction, the registered user will not be authorized to participate without prior authorization from GOBID SPAIN SL. Authorization will be granted by GOBID SPAIN SL only once the deposit has been received. The payment methods for the deposit will be indicated in the Specific Conditions of the Auction.
Users who have participated in the procedure but have not been awarded any property will receive their deposit within 20 business days following the conclusion of the Auction and without interest.
Users who participate in the auction and are awarded one or more lots will receive their deposit once they have collected the acquired property, settled any costs for complementary services and completed the acquisition of the property acquired at auction by processing the bureaucratic procedures provided for in the sale and always with prior authorization from the Principal. In these cases, the deposit may be deducted from costs that may be generated as complementary services, as well as other costs at the discretion of the Principal.
If the purchaser has paid the deposit by debit/credit card, GOBID SPAIN SL will proceed with the refund by bank transfer once the property has been collected and the acquisition has been completed as set out in the previous paragraph.
The deposit will be retained in case of breach of the general payment terms of the awarded lots.
6. Submission of bids.Bids aimed at acquiring the lots published on the platform may be made by registered users authorized to participate in the Auction and will be collected within each lot record present on
www.gobid.es.
Bids will always be subject to verification of the indicated prices and to the increment conditions.
GOBID ESPAÑA SL reserves the right to cancel any bid in the event that inconsistencies are found between the General Conditions and the Specific Conditions thereof.
Bids can be of two types, static or dynamic (proxy bid):
A simple static bid is considered a fixed-price bid.
The maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the lot, not visible to other users.
When a registered user enters a static bid, it may be exceeded by a bid from other users. In this case, the user will be required to enter another static bid in order to be awarded the lot.
If the registered user enters a maximum bid (proxy bid), it will be held valid until it is exceeded by a bid from other users that is higher than the established maximum bid. The increments will be automatic and will be based on the indicated minimum values, with a view to exceeding the other bids submitted until the maximum amount entered is reached.
Bids will be accepted until the date and time of completion indicated for the specific Auction. If bids are registered in the last 5 minutes, the deadline for placing bids will be extended by a period established in the Specific Conditions of each Auction.
6.1 Auction without minimum priceIn the case of auctions without a minimum price, the user may offer the amount equal to the indicated amount or increase it by the recommended minimum increment through the corresponding sliders, or may enter the amount they wish to offer.
Bids placed will be considered irrevocable.
When a user submits a bid, it may be exceeded by a bid from other users. In this case, the user will have to submit a new static bid in order to become the best bidder and participate in the award of the lot.
7. Award of lots.At the end of each auction, the provisional award phase of the lots will begin. In this phase, if the bid is confirmed, a provisional award confirmation will be sent to the highest bidder. GOBID ESPAÑA SL reserves the right to interrupt or cancel the auction or the award of the lots before the end of the auction, at its unquestionable discretion.
The award is subject to receipt of the deposit (if provided).
If the provisional winning bidder fails to comply with the obligations expressed in the established terms, the award may be made in favor of the bidder who placed the next best bid, and so on, as set out in the specific conditions of the auction.
Bids placed are binding and constitute a formal commitment to purchase.
8. Payment.The registered user awarded one or more lots is obliged to comply with the Specific Conditions of the Auction where the terms of payment, collection and indemnity clauses in case of breach thereof will be specified. If payment of the amounts due is not completed within the established terms, the sale shall be understood as automatically concluded. The user will lose the deposit (if provided), which will be retained as compensation with consequent forfeiture of the award, in agreement with the Principal. The existence of any damage detected after collection of the awarded lots shall be entirely borne by the buyer.
9. GuaranteesAny liability of GOBID ESPAÑA SL relating to the existence of total or partial error in the descriptions of the lots offered for sale is excluded. For each Auction, specific Conditions will be published detailing the specific information thereof and of its lots. In addition, in all matters not provided for in the general conditions, the provisions contained in the terms of use of the website
www.gobid.es shall apply.
In all matters not expressly provided for in the general and specific conditions, the provisions set out in the procedure and, in matters not regulated thereby, the provisions established in the Insolvency Law and the Civil Procedure Law shall apply, which shall only apply supplementarily.
The lots will be sold in the condition in which they are found.
Visiting the lots for sale is expressly recommended in order to verify their real condition and state. GOBID ESPAÑA SL and the bodies of the process are released from liability for any errors, omissions and inaccuracies in the photos, descriptions, and other details expressed in the catalogue of the lots for sale. For this reason, GOBID ESPAÑA SL will make available to interested parties various means so that they can carry out these visits of the goods in auctions.
GOBID ESPAÑA SL and the bodies of the procedure do not recognize any type of post-sale guarantee in favor of purchasers, expressly denying any right of this nature.
The purchaser, by accepting these conditions, releases GOBID ESPAÑA SL and the bodies of the procedure from any liability for guarantee rights or third-party rights over the goods subject to the sale.
GOBID ESPAÑA SL is not liable for damages or losses caused directly and/or indirectly, limiting such liability solely to cases where there is wilful misconduct or gross negligence on their part.
GOBID ESPAÑA SL is in no way liable for the user's own actions that cause damage, malfunction, incorrect display and/or improper use of the website www.gobid.es
Any liability of GOBID ESPAÑA SL for malfunction of the system that may harm or delay the delivery of communications to the user who registers is excluded.
The competitive procedure may be suspended and/or postponed at the discretion of GOBID ESPAÑA SL in agreement with the Principal, whether for technical reasons of connection to the system that may depend on malfunction of the server or the network, or at its own discretion for various reasons.
The records present in the log file generated by the system shall constitute full and exclusive evidence between all parties to this procedure, in relation to the content and timing of the documents/messages exchanged by email. The subjects who register declare and acknowledge that the system records constitute full evidence of the relations between the parties. Such records are confidential and will not be disclosed to third parties, except in cases expressly provided for or under order of the Judicial Authority.
In all matters not provided for in the general conditions, the provisions contained in the terms of use of the website www.gobid.es shall apply.
In the event of misunderstandings arising from the interpretation of the provisions contained in the general and specific conditions expressed on the platform translated into other languages, the Spanish version of the text shall prevail as evidence of their intention.