GENERAL TERMS AND CONDITIONS
Table of Contents:
- Art. 1 Definitions
- Art. 2. Applicability:
- 2.2. Specific Terms and 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, authorised to conduct auctions under Licence No. 13/2008 issued by the Police Commissioner of Milan on 9/04/2008.
- Gobid.it: Trademark registered and owned 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: An item or group of items available for sale in an Auction
- Registered User: A user registered on www.gobid.it
- Auction Registration: Authorisation requested by the registered user to participate in an individual Auction
- Bidder Number: Identifier of the Registered User
- General Terms and Conditions: these terms and conditions
- Specific Terms and Conditions: Specific terms and conditions of the Auction
- Deposit: Amount to be paid to participate in the Auction, where specified.
- Starting Price: Starting price of the individual lots
- Reserve Price: Minimum price whose attainment authorises 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 that must 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 has been sold to the highest bidder.
- Sale Price: The amount of the Award for the lot at the time the auction is deemed to have ended
- Buyer's Premium: A percentage amount calculated on the taxable amount of the sale price stated in 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 specified in the Specific Conditions of each individual AUCTION.
3 Publication of auctions
Auctions will be published on www.gobid.it, with the dates on which they will be held and the catalogue of lots indicated.
4. Conduct of the Auction
Each individual auction will be published on www.gobid.it, with the 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 acknowledges 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 cannot 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 damage or cause the system to malfunction; inability to view and/or use www.gobid.it; unlawful use of www.gobid.it; or any event occurring after the conclusion of the auction.
Furthermore, any 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 Terms and Specific Conditions.
The details entered by the user when registering on the website will be those to which the award may be attributed.
All required payments must be made by the parties registered for the individual auctions. Any powers of attorney or delegations 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 without prior authorization from GOBID INTERNATIONAL AUCTION GROUP SRL . Authorization will be granted by GOBID INTERNATIONAL AUCTION GROUP SRL only once the deposit has been received. Where applicable, the deposit payment instructions will be indicated in the Specific Auction Terms.
If participants in the auction do not win any items, the security deposit will be refunded within 20 business days of the auction closing date, without interest.
If one or more lots are awarded to the buyer, the security deposit will be refunded after the buyer has collected the items purchased at auction, settled any payments for additional services, or completed the purchase of the items purchased at auction, including the completion of the administrative formalities required for the sale, subject to authorization from the Principal. In such cases, the security deposit may be withheld to cover any charges for the use of spaces and areas related to the Procedure 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 the items or completed the purchase of the items purchased at auction, including the completion of the administrative formalities required for the sale
The security deposit will be withheld if the general payment terms for the lots awarded are not complied with.
6. Submission of Bids
Bids to purchase lots may be submitted by the registered user, who may be authorized to participate, on the page for each individual lot on www.gobid.it.
Bids will always be subject to verification that they comply with the stated prices and bidding conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if any inconsistencies are found with the General Terms and Specific Terms.
Bids may be of two types: static or dynamic (proxy bid):
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.
Once a registered user submits a static bid, it may be outbid by another user. The user must then submit another static bid to win the lot.
If a registered user submits a maximum bid (proxy bid), it will remain valid until another user submits a bid that exceeds the maximum bid. Bids will be placed automatically in accordance with the stated minimum increments, with the aim of exceeding 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 before the auction ends, the time available for submitting further bids will be extended by the period specified in the Specific Terms of each individual auction.
6.1. Open bidding
For an auction using the open-bidding format, the user may bid the amount shown or increase it by the recommended minimum increment using the appropriate controls, or enter the amount they wish to bid directly.
Confirmed bids will be considered irrevocable.
Once a registered user submits a bid, it may be outbid by another user. The user must then 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 award of the lots will begin and will last no more than 48 business hours, unless otherwise specified in the Specific Terms. 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 award of lots, including 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 sale price within the established time limits, 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 is forfeited, it will be assigned in turn 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 specify the deadlines for payment and collection 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 will be automatically terminated and the security deposit will be retained as a compensatory penalty, with the consequent forfeiture of the award,in agreement with the client. Any damage discovered after collection of the successful lots will be entirely at the buyer's expense.
Collection operations must be carried out in compliance with the safety regulations established by law and under the responsibility of the buyer/successful bidder, who must ensure compliance, including with respect to any third parties and/or contractors involved in those operations.
The Agent disclaims all liability in this regard, as it is merely carrying out an assignment aimed at the competitive sale of the assets relating to the Proceedings.
In the case of exports to customers outside the European Union, in accordance with Italian law, the bodies of the Proceedings may require payment of the VAT due on the successful lots in order to avoid penalties for failure to pay VAT.
The amount will be retained until export has taken place and refunded upon presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for any failure to correspond, or partial correspondence, between the descriptions of the lots offered at auction and the lots themselves. Specific Conditions will be published for each auction, detailing all information relating to the auction and its 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 Italian Code of Civil Procedure (c.p.c.) and the Italian Business Crisis and Insolvency Code (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 disclaim all liability for any errors, omissions or inaccuracies in the photographs, descriptions, quantities or any other details indicated in the lot catalogs. For this reason, inspection of the lots is strongly recommended in order to verify the actual condition of the assets offered at auction.
No warranty is given by GOBID INTERNATIONAL AUCTION GROUP SRL or the seller.
By accepting these conditions, the buyer releases GOBID INTERNATIONAL AUCTION GROUP SRL and the seller from all warranties or claims by third parties.
GOBID INTERNATIONAL AUCTION GROUP SRL shall not be liable for direct and/or indirect damage, 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; or unlawful use of www.gobid.it.
GOBID INTERNATIONAL AUCTION GROUP SRL shall under no circumstances be held liable for any system malfunctions that may in any way compromise 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 procedure may be suspended and/or postponed either due to technical connection issues caused by server or network malfunctions, or, at its sole discretion, for other reasons.
System log file records shall constitute full and exclusive evidence between all parties to these proceedings with regard to the content and timing of documents/messages exchanged electronically. Users who register declare and acknowledge that system records shall constitute full evidence of the relations between them. Such records are confidential and shall not be disclosed to third parties, except in cases expressly provided for or by order of the Judicial Authority.
For all matters not provided for in 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 displayed on the platform, which may be translated into other languages, the Italian version of the text shall prevail.
Unless otherwise specified, the times stated in the specific terms and on the platform refer to the time zone indicated by the server time published on the website
