GENERAL TERMS AND CONDITIONS
Table of Contents:
Art.1 Definitions:
2. Applicability:
These conditions apply to the use of the website www.gobid.it and, in particular, to the publication, conduct of the Auction as well as the terms and conditions of user participation.
2.2. Specific Conditions
These conditions are applicable unless otherwise indicated by the Specific Conditions of each individual AUCTION.
3 Publication of auctions
The auctions will be published on the website www.gobid.it with indication of the dates and the catalogue of lots.
4. Conduct of the Auction
Each individual auction will be published on www.gobid.it with terms and conditions better indicated 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 possible objective and subjective issues arising from the use of an online auction conducted via the internet for which GOBID INTERNATIONAL AUCTION GROUP SRL cannot be held responsible.
GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for direct and/or indirect damage or liability except in case of willful misconduct or gross negligence on its part. Absolutely, GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for: direct actions of the user that may cause damage or malfunction to the system, unavailability of display and/or use of www.gobid.it, unlawful use of www.gobid.it, any event after the conclusion of the auction.
Furthermore, for all matters not provided for in these general conditions, the provisions contained in the Terms of Use of the website www.gobid.it shall apply.
5 Participation in the auction
The registered user, in order to participate, is required to register for each individual AUCTION expressly accepting the General Conditions and Specific Conditions.
The data entered by the user during registration on the website will be the same as those to which the award may be attributed.
All requested payments must be made by the parties registered for the individual auctions. Any powers of attorney or delegations may be considered subject to authorization by the Principal.
In the event that a deposit is required to participate in the auction, the registered user will not be enabled to participate without prior authorization from GOBID INTERNATIONAL AUCTION GROUP SRL . Authorization will be given by GOBID INTERNATIONAL AUCTION GROUP SRL only after receipt of the deposit. The methods of payment of the deposit, where present, will be indicated in the Specific Conditions of the auction.
In the event that the auction participants do not win any asset, the security deposit will be returned within 20 working days from the final deadline of the auction, without interest.
In the event of awarding one or more lots, the security deposit will be returned after the buyer has arranged for the collection of the goods purchased at auction, settled any payments for additional services, or completed the purchase of the goods purchased at auction, with the completion of the bureaucratic procedures required for the sale, subject to authorization provided by the Principal. In such a case, the security deposit may be retained to cover any charges for occupation of spaces and areas attributable to the Procedure or other expenses, at the discretion of the Principal.
In the event of payment of the security deposit by credit card and awarding of one or more lots by the user, the deposit will be collected into the current account of GOBID INTERNATIONAL AUCTION GROUP SRL , which will return the amount so retained only after the user has arranged for collection or completed the purchase of the goods purchased at auction, with the completion of the bureaucratic procedures required for the sale
The security deposit will be retained in the event of failure to comply with the general payment terms for awarded lots.
6. Submission of Bids
Purchase bids for lots may be placed by the registered user, possibly authorized to participate, within each individual lot page on www.gobid.it.
Bids will always be subject to verification of compliance with the indicated prices and bidding conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel the bid in the event that inconsistencies are detected with what is indicated in 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.
The maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the lot, not visible to other users.
When the registered user places a static bid, this may be exceeded by a bid from other users. The user, at this point, will be required to place another static bid to win the lot.
If the registered user enters a maximum bid (proxy bid), it will be considered valid until it is exceeded by a bid from other users higher than the maximum bid. Automatic bids will be based on the indicated minimum increments, aimed at exceeding the other bids submitted until the entered amount is reached.
Bids will be considered valid only if submitted within the auction period. If bids are received in the 5 minutes before the auction end, the time available to place other bids will be extended by the time value indicated in the Specific Conditions of each individual auction.
6.1. Free offer
In the case of an auction with free offer mode the user may offer the amount equal to the indicated amount or increase it by the recommended minimum increment using the appropriate sliders, or may directly type the amount they intend to offer.
Confirmed bids will be considered irrevocable.
When the registered user places a bid, it may be exceeded by a bid from other users. At this point, the user will be required to place another static bid to be the highest bidder and compete for the award of the lot.
7. Award of lots
At the end of the auction, the preliminary phase for the provisional award of the lots will begin and will last up to 48 working hours, unless otherwise provided in the specific conditions. At the end of the preliminary phase, the provisional award will be communicated to the highest bidder.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to suspend the auction or the award of lots even before the auction ends, both at its unquestionable discretion and if a congruous and confirmed bid is submitted.
The award is conditional upon receipt of the security deposit
If the winning bidder does not pay the sale price within the established terms, the award will be made in favor of the next highest bidder.
Bids placed are binding and constitute a formal commitment to purchase. If the award to the highest bidder lapses, it will be attributed successively to the next highest bidder.
The Principal, as the party responsible for the sale procedure, may exercise the option under Article 107, fourth paragraph, of the Bankruptcy Law, and suspend the sale if it receives an irrevocable improved purchase offer for an amount not less than ten percent of the offered price.
8. Payment and collection
The registered user awarded one or more lots is required to comply with the specific conditions of the auction, which will specify the terms for payment and collection and the related compensation clauses in case of failure to comply with said conditions. If payment of the amounts due is not completed within the established terms, the sale will be automatically terminated and the security deposit will be retained as a penalty, with consequent forfeiture of the award, in agreement with the client. Any damage found after collection of the awarded lots will be entirely borne by the buyer.
Collection operations must be carried out in compliance with the safety rules established by law, under the responsibility of the buyer/winning bidder, who must provide accordingly, also with reference to any third parties and/or collaborators employed in said operations.
The Mandatary declines all responsibility in this regard, as mere executor of an assignment aimed at the competitive sale of the assets related to the Procedure.
In the case of export for clients outside the European Union, in compliance with Italian law, the Bodies of the Procedure may require payment of the VAT due on the awarded lots in order to avoid penalties for omitted VAT payment.
The amount will be retained until export takes place and refunded upon presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for the failure or partial correspondence of the descriptions of the lots present in the auction. For each auction, the Specific Conditions will be published, detailing all information relating to the auction itself and to the lots.
Furthermore, for all matters not provided for in these general conditions, the provisions contained in the Terms of Use of the website www.gobid.it will apply.
For all matters not expressly provided for in these general and specific conditions, reference is made to the rules of the Code of Civil Procedure and the Bankruptcy Law
Lots are sold as seen and liked in the condition in which they are found.
Viewing the lots in the auction is strongly recommended, GOBID INTERNATIONAL AUCTION GROUP SRL or the seller decline all responsibility for any errors, omissions, and inaccuracies in the photos, descriptions, quantities, and any other detail indicated in the lot catalogs; for this reason, viewing the lots is strongly recommended in order to verify the actual condition of the assets in the auction.
No warranty is given by GOBID INTERNATIONAL AUCTION GROUP SRL or by the seller.
By accepting these conditions, the buyer indemnifies GOBID INTERNATIONAL AUCTION GROUP SRL and the seller from any warranty or third-party claim.
GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for direct and/or indirect damages except for its willful misconduct or gross negligence.
GOBID INTERNATIONAL AUCTION GROUP SRL absolutely is not liable for: direct actions of the user that may cause damage or malfunction to the system, unavailability of display and/or use of www.gobid.it, unlawful use of www.gobid.it.
GOBID INTERNATIONAL AUCTION GROUP SRL may not, under any circumstances, be held responsible for any system malfunctions that may in any way impair or delay the delivery of communications to the subject who registers.
The competitive procedure may, at the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL, in agreement with the Principal, be suspended and/or postponed both for technical connection problems to the system dependent on server or network malfunctions, or at its unquestionable discretion for different reasons.
The records present in the log file generated by the system constitute full and exclusive evidence among all parties of this procedure, regarding the content and time of the documents/messages exchanged electronically. The subjects who register declare and acknowledge that the system records constitute full evidence of the relationships between them. Such records are confidential and will not be disclosed to third parties, except in the cases expressly provided for or by order of the Judicial Authority.
For all matters not provided for in these conditions, the provisions contained in the terms of use of the website www.gobid.it will apply.
In the event of any disputes arising relating to the interpretation of the provisions contained in the general and specific conditions shown on the platform, possibly translated into other languages, the Italian version of the text shall prevail.
Where not 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 site
Gobid.it je registrovaná ochranná známka společnosti: GOBID INTERNATIONAL AUCTION GROUP SRL
Hlavní sídlo: Via P.O.Vigliani, 19 - 20148 Milán (MI)
Provozní sídlo: Via Merloni, 17/U - 62024 Matelica (MC)
tel: 0039.02.86882269 - fax: 0039.0737.786198 - email: [email protected]