GENERAL TERMS AND CONDITIONS
Table of Contents:
- Article 1 Definitions
- Article 2. Applicability:
- 2.2. Specific Terms and Conditions
- Article 3 Publication of auctions
- Article 4 Conduct of the Auction
- Article 5 Participation in the auction
- Article 6. Submission of Bids
- Article 6.1 Open bidding
- Article 7 Awarding of lots
- Article 8 Payment and collection
- Article 9. Warranties
Article 1 Definitions:
- GOBID INTERNATIONAL AUCTION GROUP SRL: Owner and operator of the online auction website http://www.gobid.it, with its 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: Proprietary trademark registered 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: Identification number of the Registered User
- General Terms and Conditions: these terms and conditions
- Specific Terms and Conditions: Terms and conditions specific to 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 which, when reached, 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 Bid Increment: Predetermined amount to 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 concluded
- Buyer's Premium: A percentage amount calculated on the taxable amount of the sale price declared at the time of the Award
2. Applicability:
These terms and conditions 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 users' participation.
2.2. Specific Conditions
These terms and conditions apply unless otherwise specified in the Specific Conditions for each individual AUCTION.
3. Publication of Auctions
The auctions will be published on the website www.gobid.it, with the dates on which they will take place 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 potential objective and subjective issues arising from the use of an online auction conducted over the internet, for which GOBID INTERNATIONAL AUCTION GROUP SRL shall not be held liable.
GOBID INTERNATIONAL AUCTION GROUP SRL shall not be liable for direct and/or indirect damage or liability, except in cases of its willful misconduct or gross negligence. 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, the unavailability of www.gobid.it for viewing and/or use, unlawful use of www.gobid.it, or any event occurring after the conclusion of the auction.
Furthermore, for all matters not covered by these general terms and conditions, the provisions contained in the Terms of Use of the website www.gobid.it shall apply.
5. Participation in the Auction
To participate, the registered user must register for each individual AUCTION and expressly accept its General Conditions and Specific Conditions.
The information entered by the user during website registration will be the information to which the award may be assigned.
All required payments must be made by the parties registered for the individual auctions. Any powers of attorney or authorisations 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 until authorization has been granted by 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 methods for paying the deposit will be indicated in the Auction's Special Conditions.
If auction participants do not win any assets, the security deposit will be refunded without interest within 20 working days of the auction's closing date.
If one or more lots are awarded, the security deposit will be refunded after the buyer has collected the assets purchased at auction, settled any payments for additional services, or completed the purchase of the assets acquired at auction, including the completion of the administrative procedures required for the sale, subject to authorization from the Principal. In such cases, the security deposit may be retained to cover any costs for the occupation of spaces and areas relating to the Proceedings 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 assets acquired at auction, including the completion of the administrative procedures required for the sale
The security deposit will be retained if the general payment terms for the awarded lots are not met.
6. Submission of Bids
Bids for lots may be submitted by the registered user, who may be authorized to participate, on each individual lot page available at www.gobid.it.
Bids will always be subject to verification that they comply with the stated prices and bidding increments. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel a bid if discrepancies are found with the General Conditions or Special Conditions.
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.
When a registered user places a static bid, it may be outbid by another user's bid. The user will then have to place another static bid to win the lot.
If the registered user places a maximum bid (proxy bid), it will remain valid until it is exceeded by a higher bid from another user. Bids will be placed automatically, based on the stated minimum increments, to outbid other bids until the amount entered is reached.
Bids will be considered valid only if submitted during the auction. If bids are received in the 5 minutes preceding the auction's closing time, the time available for placing further bids will be extended by the period specified in the Special Conditions of each individual auction.
6.1. Open Bidding
In an auction with open bidding, the user may bid the amount indicated or increase it by the recommended minimum increment using the relevant controls, or enter the amount they wish to bid directly.
Confirmed bids will be considered irrevocable.
When a registered user places a bid, it may be outbid by another user's bid. The user will then have to place 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 a maximum of 48 working hours, unless otherwise specified in the Special Conditions. 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 awarding of lots even before the auction ends, at its sole discretion or if an adequate and confirmed bid is submitted.
The award is conditional upon receipt of the security deposit
If the successful bidder fails to pay the purchase price within the established deadlines, the award will be made to the next highest bidder.
Bids placed are binding and constitute a formal commitment to purchase. If the award to the highest bidder is revoked, it will be assigned successively 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 will specify the deadlines for payment and collection, as well as the relevant compensation clauses in the event of failure to comply with said conditions.
If payment of the amounts due is not completed within the established deadlines, the sale will automatically be deemed rescinded and the security deposit will be retained as a compensatory penalty, with the consequent forfeiture of the award,in agreement with the principal. Any damage discovered upon collection of the awarded lots will be entirely at the buyer's expense.
Collection operations must be carried out in compliance with the safety regulations prescribed by law, under the responsibility of the buyer/successful bidder, who must take the necessary measures in this regard, also with respect to any third parties and/or collaborators engaged in said operations.
The Agent disclaims all liability in this regard, as it merely carries out an assignment aimed at the competitive sale of the assets relating to the proceedings.
In the case of export by customers outside the European Union, in compliance with Italian law, the bodies responsible for the proceedings may require payment of the VAT due on the awarded lots in order to avoid penalties for failure to pay VAT.
The amount will be retained until export has taken place and refunded upon submission 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 and will provide detailed information regarding the auction and the lots.
Furthermore, all matters not covered by these general conditions will be governed by the provisions contained in the Terms of Use of the website www.gobid.it.
Any matters not expressly provided for in these general and specific conditions shall be governed by the provisions of the Italian Code of Civil Procedure and the Italian Crisis and Insolvency Code.
The lots are sold as seen and approved, 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 catalogues; 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 any warranty or third-party claim.
GOBID INTERNATIONAL AUCTION GROUP SRL shall not be liable for direct and/or indirect damages, 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; the unavailability of access to and/or use of www.gobid.it; or the unlawful use of www.gobid.it.
Under no circumstances may GOBID INTERNATIONAL AUCTION GROUP SRL be held liable for any system malfunctions that may in any way prevent 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 sale may be suspended and/or postponed due to technical connection problems arising from malfunctions of the server or network, or, at its sole discretion, for other reasons.
System log file records constitute full and exclusive evidence between all parties to this procedure regarding the content and timing of documents/messages exchanged electronically. Those who register declare and acknowledge that system records constitute full evidence of the relationships between them. Such records are confidential and will not be disclosed to third parties, except in cases expressly provided for or by order of the Judicial Authority.
For all matters not covered by 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 have been 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
