GENERAL TERMS AND CONDITIONS
Table of contents:
1. Definitions
• GOBID INTERNATIONAL AUCTION GROUP SRL: owner and manager of the online auction site, http://www.gobid.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT - Tax Code 09441470961, hereinafter also "Gobid Group"
• Seller: owner of the Asset placed for sale
• Gobid.it: trademark owned and registered by GOBID INTERNATIONAL AUCTION GROUP SRL
• www.gobid.it: the website managed by GOBID INTERNATIONAL AUCTION GROUP SRL for the sale of Assets on commission, also referred to as the "Site" or the "Platform"
• Auction: online sale procedure of Assets, through the platform www.gobid.it
• Lot: Asset or group of Assets available for sale in the Auction
• User: User registered on www.gobid.it, also referred to as Bidder
• Auction registration: authorization requested by the registered User to participate in the individual Auction
• Bidder Number: identifier of the registered User
• General Conditions: these terms and Conditions
• Specific Conditions: terms and Specific Conditions of the Auction, available within the Auction sheet
• Security deposit/deposit: amount to be paid to participate in the Auction, where required.
• Base Price: starting price of the individual Lots
• Reserve price: minimum price whose achievement authorizes the sale of the Lot, unless otherwise indicated in the conditions applied to this Auction
• 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 that the User intends to pay for the Lot
• Minimum bid increment: predetermined amount to be added to the current price to place the bid
• Extra-Time: extension time of the Auction duration for the submission of further bids
• Sale price: Award amount of the Lot when the Auction is deemed closed
• Award: declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a Lot is sold to the best Bidder
• Successful bidder: party in favor of whom the Lot is awarded, as best Bidder
• Buyer's Premium: Auction fees due to GOBID INTERNATIONAL AUCTION GROUP S.R.L., charged to the Successful bidder, calculated as a percentage amount on the taxable base of the sale price declared in the Award
1. Applicability
These Conditions govern the terms and Conditions for conducting the Auction and apply together with the "Terms of use" of the website www.gobid.it, accepted during registration to the website itself, and with the Specific Conditions published in the sheet of the Auction of interest.
These Conditions are applicable unless otherwise provided in the Specific Conditions.
It is the responsibility of each participant to carefully review the terms and conditions applied to this auction. By participating in the Auction, the User declares to have read, understood and accepted the General and Specific sales Conditions applied, without reservation.
For any information regarding the use of the site and the methods of processing the personal data provided, please refer to the "Terms of Use" and the "Privacy Policy", published on the website www.gobid.it.
2. Main Conditions of sale
Gobid Group through the platform www.gobid.it connects Buyers and Sellers interested in concluding the sale; for this reason Gobid Group does not hold ownership nor possess the Assets in the Auction, which are owned by the Seller. Gobid Group is therefore not liable for any defects, faults or lack of quality, total or partial, of the Assets for sale.
All Assets are sold in the condition in which they are at the time of sale ("as seen and liked"), without guarantees on their characteristics or their state of preservation.
Users are therefore invited to carefully view the Assets to verify their condition, before making their bid.
By completing the bid submission process, as indicated below, the User makes a binding offer; therefore it will not be possible to modify or revoke the submitted bid. For this reason, each User is invited to always verify their bid before confirming it.
3. Conduct of the Auction
The Auction will take place on the platform www.gobid.it, according to the terms and conditions indicated in the General and Specific Conditions of Sale applied to this auction.
The Auction will take place for the time indicated in the auction sheet; within the identified time frame, each interested party may register for the Auction and submit their bid.
For each Lot, the following is indicated:
• Base Price, to be understood as the starting price.
• Minimum bid increment, to be understood as the predetermined minimum amount to be added to the current price.
• Reserve Price, to be understood as the minimum price whose achievement allows the award of the Asset to the best Bidder at the end of the Auction, unless otherwise indicated in the Specific Conditions. If the Reserve Price is not reached, the bid will be subject to the Seller's unquestionable evaluation, who may freely accept or reject it.
3.1. Viewing
Each interested party may examine, by electronic means, the Assets offered for sale and also view them directly by booking visits to be requested at the following contacts: [email protected] – tel. +39. 02/86882269 or by request to be made through the specific section in the Auction sheet, "Request Viewing".
Where necessary, for viewing purposes, interested parties will be required to provide any requested documentation.
Please note that for viewing the Assets, Saturdays, Sundays and holidays will in any case be excluded.
Viewing of the Assets will be carried out under the exclusive responsibility of the interested party; Gobid Group and the Seller assume no liability for any damage to persons and/or property caused during viewing. It is therefore the responsibility of each interested party to carry out the viewing with due precautions according to the nature of the Asset subject to the Auction.
The sale of the Assets is arranged in application of the "as seen and liked" clause and, therefore, the Assets are sold without guarantees, in the state in which they are. It is the responsibility of each interested party to carefully view the Assets before making the bid; viewing of the Assets is therefore strongly recommended.
3.2. Participation in the Auction
To participate in the Auction and submit a bid, the User is required to:
- register on the website www.gobid.it, in accordance with the Terms of use of the same website, or access their reserved area "MyGoBid", if already registered;
- register for the individual Auction of interest, by clicking the "Register for the Auction" button in the Auction or individual Lot sheet of interest. At the time of registration for the Auction, the User will be asked to expressly accept the General and Specific sales Conditions applied to this auction;
- pay the security deposit, as specified in the Specific Conditions of Sale and indicated in the relevant Auction/Lot sheet.
- where indicated in the Specific Conditions of Sale, for the purposes of enabling participation in the Auction, the User will be required to provide the documentation indicated therein.
Once the above steps are completed, Gobid Group will enable the User, who from that moment may submit their bid For the Lot of interest, in accordance with the applicable Conditions of Sale.
Attention, authorization to participate in the Auction will be granted only after receipt of the required security deposit; therefore, it is recommended to proceed with the operation sufficiently in advance of the Auction end date.
The data entered by the User during registration on the site will be the same to which any award will be attributed.
All required payments must be made by the parties registered for the individual auctions.
3.3. Security Deposit
Participation in the Auction is subject to receipt of the Security Deposit, as specified in the Specific Conditions of Sale and reported in the Auction registration process.
If Auction participants do not win any Good, the deposit will be returned within 20 working days from the final deadline of the Auction, without interest.
In the event of award of one or more lots, the security deposit will be returned after the buyer has arranged for collection of the Goods purchased at Auction, settled any payments for additional services, or completed the purchase of the awarded Goods, with the completion of the bureaucratic procedures required for the sale.
In the event of payment of the security deposit by credit card and award 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 withheld only after the User has arranged for collection or completed the purchase of the awarded Goods, with the completion of the bureaucratic procedures required for the sale.
The security deposit, without prejudice to the right to compensation for greater damages, will be retained as a penalty in the event of failure to comply with the General terms of payment and collection of the awarded lots, for reasons attributable to the Successful Bidder.
3.4. Types of bids
The User may choose to submit their bid as a "static bid" or as a "dynamic bid" (proxy bid), as indicated below:
- The static bid is considered a fixed-price bid, equal to the amount entered by the User in accordance with the Conditions applied to this auction.
- The maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the Lot, not visible to other users.
When the registered User enters a static bid, it may be outbid by a bid from other users. The User, at this point, will be required to enter another static bid to win the Lot.
If the registered User enters a maximum bid (proxy bid), it will be deemed valid until it is outbid by a bid from other users that is higher than the maximum bid. Automatic bidding will be based on the minimum values indicated, aimed at exceeding the other bids submitted until the entered amount is reached.
Bids will be deemed 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 to make other bids will be extended by the time value indicated in the Specific Conditions of the Auction.
3.5. Awarding of lots
At the end of the Auction, the verification phase for awarding the lots will begin and will last a maximum of 48 working hours, unless otherwise provided in the Specific Conditions.
At the end of the verification phase, communication of the award to the best Bidder will be given.
If the Successful Bidder does not pay the sale consideration within the established terms, the award shall be deemed lapsed and the sale terminated.
Bids placed are binding and constitute a formal commitment to purchase.
If the award to the best Bidder lapses, it may be attributed successively to the next best Bidder.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to suspend the Auction or the awarding of lots even before the end of the Auction, at its sole discretion.
4. Payment and collection
Following the above communication, the Successful Bidder will be required to make payment of the amount due and, therefore, to pay the award price, the Buyer's Premium, the Additional Management Charges, where provided, and any other charges indicated in the Specific Conditions of Sale, all plus VAT at 22%, if applicable.
The User awarded one or more lots is required to comply with the Conditions and terms of payment and collection indicated in the Specific Conditions of the Auction.
In the event that payment of the amounts due is not completed within the established terms, the sale shall be automatically terminated and the security deposit will be retained as a compensatory penalty, with consequent lapse of the award.
4.1. Sales commissions
Buyer's Premium
The auction commissions owed to GOBID INTERNATIONAL AUCTION GROUP S.R.L., defined as Buyer's Premium, are charged to the Successful Bidder and shall be calculated on the taxable amount of the sale price declared in the Award, according to the percentage rate indicated in the Specific Conditions of Sale, plus VAT, for a minimum amount of at least € 25.00 for each lot (minimum commissions).
Additional Management Charges
They are additional costs borne entirely by the Successful Bidder, intended to cover the services and activities, performed and to be performed, necessary for the preparation, organization and management of the sale of the Auctioned Goods and subsequent award phase. These expenses must be paid at the same time as the payment of the Buyer's Premium due as per the provisional award confirmation that will be issued after the end of the Auction. Where due, such charges will be indicated in the Auction sheet/individual Lot sheet.
4.2. Collection of awarded lots
Collection of awarded lots will be permitted only following actual receipt of all amounts due as the award price and expected commissions (Buyer's Premium, additional management charges and other charges, where specified in the Specific Conditions).
Once due payments have been made, the Successful Bidder may proceed to collect the awarded Goods according to an agreed schedule. In any case, collection operations must be completed within the deadlines indicated in the Specific Conditions of Sale.
Collection operations must be carried out by the Successful Bidder at their own care and expense. The Successful Bidder is required to leave the places involved in the collection free of things and/or waste materials produced during the collection and in safe conditions. It is the exclusive responsibility of the Successful Bidder to ensure that they operate in compliance with safety rules established by law, under their own responsibility, and they must make arrangements accordingly, including with reference to any third parties and/or collaborators employed in the aforementioned operations. It is the responsibility of the Successful Bidder to dispose of waste material produced during collection, in compliance with current legal provisions.
Any damage found following collection of the awarded lots will be entirely borne by the buyer.
It is the exclusive responsibility of the Successful Bidder to verify the existence of specific rules or restrictions for importing the Goods subject to Auction into the country of interest. Any charge, activity and expense resulting from the aforementioned verification or export is borne by the Successful Bidder.
5. Final Provisions and Warranties
Each Good in Auction is sold on an "as is" basis, in the condition in which it is at the time of sale, without warranties.
Gobid Group, through the platform www.gobid.it, puts Buyers and Sellers interested in concluding the sale in contact; for this reason Gobid Group does not hold ownership nor possess anything that is the subject of the Auction.
Gobid Group reports in the Auction all information provided by the Seller; for this reason, by submitting the bid, the User declares to be aware that Gobid Group is not liable for any errors, omissions and inaccuracies in photos, descriptions, quantities and any other detail indicated in the Auction. Likewise, Gobid Group provides no warranties regarding the Goods offered for sale; no liability may therefore be attributed to Gobid Group for any defect or lack of quality, total or partial, of the Goods offered for sale or for any third-party claim.
Before submitting a bid, viewing the lots is strongly recommended in order to verify the actual condition of the Goods offered for sale.
By participating in the Auction, each User declares to be aware that, in the event of award, any charge and expense for adapting the purchased Goods to current regulations, including those on prevention and safety at work, environmental and ecological protection, are borne by the Successful Bidder.
Gobid Group reserves the right, at its sole and unquestionable discretion, to cancel, extend or interrupt the Auction; no claim may be made as a result by registered Users.
GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for damages and liabilities, direct and/or indirect, unless intentional 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, any event after the conclusion of the Auction.
GOBID INTERNATIONAL AUCTION GROUP SRL may not, under any circumstances, be held liable for any system malfunctions that may in any way impair or delay the delivery of communications to the registering party.
The recordings present in the log file generated by the system constitute full and exclusive evidence among all parties regarding the content and time of documents/messages exchanged electronically. The registering parties declare and acknowledge that the system recordings constitute full evidence of the relationships between them. Such recordings are confidential and will not be disclosed to third parties, outside of cases expressly provided for or by order of the Judicial Authority.
In the event of any disputes relating to the interpretation of the provisions contained in the General and Specific Conditions set out on the platform, possibly translated into other languages, the Italian version of the text shall prevail.
Unless otherwise specified, the times stated 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 registrirana blagovna znamka podjetja: GOBID INTERNATIONAL AUCTION GROUP SRL
Glavna pisarna: Via P.O.Vigliani, 19 - 20148 Milano (MI)
Operativna glava: Via Merloni, 17/U - 62024 Matelica (MC)
tel: 0039.02.86882269 - faks: 0039.0737.786198 - e-pošta: [email protected]