Table of contents
• Art. 1 Definitions
• Article 2. Applicability:
• 2.2. Specific conditions
• Art. 3 Publication of auctions
• Art. 4 Conduct of the Auction
• Art. 5 Participation in the auction
• Art. 6. Presentation of Offers
• Art. 7 Award of lots
• Art. 8 Payment and collection
• Article 9. Warranties
• GOBID ESPAÑA SL : Online Auction House, with registered office in Malaga, 29007, via Esperanto n. 4, P.IVA B72551898, appointed with a specific mandate to sell movable and immovable assets, coming from Spanish bankruptcy proceedings or private companies.
• Gobid.es: Brand with which GOBID ESPAÑA SL works
• www.gobid.es : The website managed by GOBID ESPAÑA SL for the sale of goods on commission
• Auction: Online sale of goods published on www.gobid.es
• Lot: Asset or set of assets available for sale in the Auction
• Registered User: User registered with www.gobid.es
• Auction registration: Authorization requested by the registered user to participate in the single Auction
• Bidder Number: Registered User ID
• General Conditions: these terms and conditions
• Specific Conditions: Specific terms and conditions of the Auction
• Deposit: Amount to be paid for participation in the Auction, where indicated.
• Base Price: Starting price of the individual lots
• Reserve price: Minimum price whose achievement authorizes 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 that the user intends to pay for the lot
• Minimum Bid: Pre-established amount that must be added to the current price in order to enter the offer.
• EXTRA-TIME: Extension of the duration of the auction for the presentation of further offers.
• Award: Declaration by GOBID ESPAÑA SL that a lot is being sold to the highest bidder.
• Selling price: Auction amount of the lot at the moment in which the auction is considered concluded
• Buyer's Premium: Amount as a percentage, calculated on the taxable amount of the sale price declared in the Award
These conditions apply to the use of the site www.gobid.es and, in particular, to the publication, the conduct of the Auction as well as the terms and conditions for users' participation.
2.2. Specific conditions
These conditions are applicable unless otherwise indicated by the Specific Conditions of each individual AUCTION.
3 Publication of auctions
Auctions will be published on the website www.gobid.es with indication of the dates of the auctions and the catalog of lots.
4. Conduct of the Auction
Each individual auction will be published on www.gobid.es with terms and conditions better indicated in the Specific Conditions. GOBID ESPAÑA SL reserves the right to cancel, extend or interrupt the auction at its sole discretion.
The registered user is aware of the possible objective and subjective problems deriving from the use of an online auction carried out through the Internet for which GOBID ESPAÑA SL cannot be held responsible.
GOBID ESPAÑA SL is not liable for direct and/or indirect damage or liability except for its willful misconduct or gross negligence. GOBID ESPAÑA SL is absolutely not liable for: direct actions by the user that may cause damage or malfunction to the system, unavailability of viewing and/or use of www.gobid.es , illicit use of www.gobid.es , any event following the conclusion of the auction.
5 Participation in the auction
The registered user, in order to participate, is obliged to register for each individual AUCTION by expressly accepting the General Conditions and the Specific Conditions.
The data entered by the user during registration on the site will be the same to which the award will eventually be attributed.
All required payments must be made by subjects registered for individual auctions. Any proxies or proxies may be taken into consideration with the prior authorization of the Mandator.
If a deposit is required to participate in the auction, the registered user will not be able to participate without prior authorization from GOBID ESPAÑA SL. The authorization will be given by GOBID ESPAÑA SL only after the deposit has been collected. The methods of payment of the deposit, if any, will be indicated in the Specific Conditions of the auction.
If the participants in the auction do not win any goods, the deposit will be returned within 20 working days of the auction deadline, without interest.
In case of award of one or more lots, the security deposit will be refunded after the buyer has collected the goods purchased at the auction, settled any payments for additional services or finalized the purchase of the goods purchased at the auction, with the handling of the bureaucratic procedures required for the sale, subject to authorization provided by the Mandator. In this case, the security deposit may be withheld to cover any charges for occupying spaces and areas attributable to the Procedure or other expenses, at the discretion of the Mandator.
In the event that the security deposit is paid by credit card and one or more lots is awarded by the user, the deposit will be cashed into the current account of GOBID ESPAÑA SL, which will refund the amount withheld only after the The user will have collected or completed the purchase of the goods purchased at the auction, with the handling of the bureaucratic procedures required for the sale
The security deposit will be retained in the event of non-compliance with the general payment terms of the awarded lots.
6. Presentation of Offers
Offers to purchase lots may be formulated by the registered user, who may be authorized to participate, within each individual lot file on www.gobid.es.
The offers will always be bound to the verification of the correspondence to the prices indicated and the conditions of the relaunch. GOBID ESPAÑA SL reserves the right to cancel the offer in the event that inconsistencies with what is indicated in the General Conditions and Specific Conditions are detected.
The offers can be of two types, static or dynamic (proxy bid):
The static offer is considered a fixed price offer.
The maximum dynamic bid (proxy bid) is considered a dynamic price offer for the lot, not visible to other users.
When the registered user enters a static offer, this can be superseded by an offer from other users. At this point, the user will be required to enter another static offer to win the lot.
If the registered user enters a maximum bid (proxy bid), this will be considered valid until exceeded by an offer, by other users, greater than the maximum bid. The bids will be automatic based on the minimum values indicated, aimed at overcoming the other offers presented until the entered amount is reached.
Bids will be considered valid only if presented within the time frame of the auction. In the event that offers are received in the 5 minutes preceding the end of the auction, the time available for making other offers will be extended by the time value indicated in the specific conditions of each individual auction.
6.1. Free offer
In the case of a free-bid auction, the user can offer the amount equal to the amount indicated or increase it by the recommended minimum bid using the appropriate cursors, or he can directly enter the amount he intends to offer.
The confirmed offer will be considered irrevocable.
As soon as the registered user enters an offer, this can be overtaken by an offer from other users. At this point, the user will be required to enter another static offer in order to be the best 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, which will last a maximum of 48 working hours, unless otherwise specified in the specific conditions. At the end of the preliminary investigation phase, communication of the provisional award will be given to the highest bidder.
GOBID ESPAÑA SL reserves the right to suspend the auction or the awarding of the lots even before the end of the auction, either at its sole discretion or if a reasonable and confirmed offer is presented.
The award is bound to the receipt of the security deposit
In the event that the successful tenderer does not pay the sale price within the established terms, the award will be carried out in favor of the next highest bidder.
The bets made are binding and constitute a formal commitment to purchase. In the event that the award to the highest bidder should lapse, the same will be awarded to the next highest bidder.
The Mandator, as responsible for the sales procedure, may avail himself of the option provided for by art. 107 fourth paragraph of the bankruptcy law, and suspend the sale in the event of receipt of an irrevocable ameliorative 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 where the terms for payment and collection will be specified and the relative compensation clauses in the event of non-compliance with the aforementioned conditions. In the event that the payment of the amounts due is not completed within the established terms, the sale will be considered automatically terminated and the security deposit will be retained as a compensation penalty, with consequent forfeiture of the award, in agreement with the client. Any damage found following the withdrawal of the awarded lots will be entirely at the buyer's expense.
The collection operations must be carried out in compliance with the safety standards established by law, under the responsibility of the purchaser/contractor, who must do so, also with reference to any third parties and/or collaborators employed in the aforementioned operations.
The Assignee declines all responsibility in this regard, as a mere executor of an assignment aimed at the competitive sale of the assets relating to the Procedure.
In the case of export for non-European Union customers, in compliance with Italian law, the bodies of the Procedure could request the payment of the VAT due on the lots awarded in order to avoid penalties for omitted VAT payment.
The amount will be withheld until exportation and returned upon presentation of the relevant documents.
GOBID ESPAÑA SL is not responsible for the non-correspondence or partial correspondence of the descriptions of the lots present in the auction. Specific conditions will be published for each auction where all the information relating to the auction itself and to the lots will be detailed.
For anything not expressly provided for in these general and specific conditions, please refer to the provisions of the procedure and the rules of the Spanish Bankruptcy Law.
The lots are sold as they are.
Viewing the lots at auction is strongly recommended. GOBID ESPAÑA SL or the seller decline all responsibility for any errors, omissions and inaccuracies in the photos, descriptions, quantities and any other details indicated in the lot catalogues; for this reason viewing of the lots is strongly recommended in order to verify the real condition of the goods at auction.
No guarantee is given by GOBID ESPAÑA SL or by the seller.
By accepting these conditions, the buyer indemnifies GOBID ESPAÑA SL and the seller from any guarantee or claim by third parties.
GOBID ESPAÑA SL is not liable for direct and/or indirect liability damages except for their willful misconduct or gross negligence.
GOBID ESPAÑA SL is absolutely not liable for: direct actions by the user that may cause damage or malfunction to the system, unavailability of viewing and/or use of www.gobid.es , illicit use of www.gobid.es .
GOBID ESPAÑA SL cannot, under any circumstances, be held liable for any system malfunctions which in any way may prejudice or delay the delivery of communications to the person registering.
The competitive procedure may, at the discretion of GOBID ESPAÑA SL, in agreement with the Mandator, be suspended and/or postponed either due to technical problems in connection to the system due to server or network malfunctions, or at its unquestionable judgment for various reasons.
The entries in the log file generated by the system constitute full and exclusive proof between all parts of this procedure, with regard to the content and timing of the documents/messages exchanged electronically. The subjects who register declare and acknowledge that the system registrations are full proof of the relationships between them. These recordings 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 anything not provided for in these conditions, the provisions contained in the conditions of use of the website www.gobid.es will apply.
In the event of any disputes relating to the interpretation of the provisions contained in the general and specific conditions indicated on the platform, possibly translated into other languages, the spanish version of the text will prevail.
Unless 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