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 Auctions
Art. 5. Participation in Auctions
Art. 6. Submission of Bids
Art. 7. Awarding of Lots
Art. 8. Payment
Art. 9. Warranties
1. Definitions·
GOBID ESPAÑA SL: Manager of the online auction website
http://www.gobid.es, with registered office in Málaga, Calle Esperanto n. 4, 29007, Tax ID: B72551898, authorized under a Sales Mandate for real estate and movable property
·
Gobid.es: Trading name under which GOBID ESPAÑA SL operates ·
www.gobid.es: The website managed by
GOBID ESPAÑA SL for the sale of goods.·
Auction: online sale of goods published on the website
www.gobid.es·
Lot: A good or group of goods offered for auction.
·
Registered User: A user registered on
www.gobid.es·
Auction Registration: Prior authorization required for a registered user to participate in the auction.
·
Bidder Number: Identification of the
registered user. ·
General Terms and Conditions: These Terms and Conditions, which generally govern all auctions.
·
Specific Terms and Conditions: Terms and Conditions specific to each auction.
·
Deposit: An amount required before participating in an auction, when expressly required.
·
Starting Price: Starting price of individual lots.
·
Reserve Price: Minimum price below which the lot cannot be sold
·
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 is willing to pay for the lot.
·
Minimum Increment: bids must be increased in increments of a predetermined amount.
·
EXTRA-TIME: Period available after the Auction deadline for submitting new bids.
·
Award: Declaration by
GOBID ESPAÑA SL that a lot is sold to the highest bidder.
·
Sale Price: Amount of the
award of the
lot when the auction is declared closed.
·
Buyer’s Premium: Percentage amount calculated on the sale price declared in the auction
award.2. Applicability.These terms apply generally to any use of the website
www.gobid.esand, in particular, to the publication and conduct of Auctions, as well as to the terms and conditions applicable to users participating in them.
2.1. Specific Terms and Conditions.The specific terms and conditions of each auction shall take precedence over these general terms and conditions.
3. Publication of Auctions.Auctions will be published on the website
www.gobid.esindicating the dates on which they will take place and the catalogue of lots.
4. Conduct of Auctions. Each Auction will be published on the website
www.gobid.esin accordance with the terms and conditions set out in the General and Specific Terms and Conditions. GOBID ESPAÑA SL reserves the right to cancel, extend or interrupt the Auction at its sole discretion.
The registered user expressly consents to and accepts all issues and conflicts, both objective and subjective, that may arise from the use of an online Auction, and agrees to hold GOBID ESPAÑA SL harmless from any loss or damage caused as a result thereof.
Any liability of GOBID ESPAÑA SL for loss or damage caused directly and/or indirectly to the registered user is excluded, with such liability limited solely to cases of wilful misconduct or gross negligence.
GOBID ESPAÑA SL shall in no way be liable for the user's own actions that cause damage, malfunction, incorrect display and/or improper use of the website
www.gobid.es, whether before, during or after the auction process.
Matters not covered by the general terms and conditions shall be governed by the provisions contained in the website's terms of use
www.gobid.es.
5. Participation in Auctions.A user registered on the website
www.gobid.esmust register for each Auction and accept the General Terms and Conditions and the Specific Terms and Conditions in order to participate.
If a deposit is required to participate in the Auction, the registered user will not be authorized to participate without prior authorization from GOBID ESPAÑA SL. Authorization will be granted by GOBID ESPAÑA SL only once the deposit has been received. The payment methods for the deposit will be indicated in the Specific Terms and Conditions of the Auction.
Users who have participated in the process but have not been awarded any goods will receive their deposit within 20 business days of the conclusion of the Auction, without interest.
Users who participate in the auction and are awarded one or more lots will receive their deposit once they have collected the goods purchased, settled any costs for supplementary services, and completed the purchase of the goods acquired at auction by completing the administrative formalities required for the sale, and in all cases subject to prior authorization from the Principal. In these cases, the deposit may be deducted from any costs incurred for supplementary services, as well as from other expenses at the Principal's discretion.
If the purchaser has paid the deposit by debit/credit card, GOBID ESPAÑA SL will refund it by bank transfer once the goods have been collected and the purchase has been completed as set out in the preceding paragraph.
The deposit will be retained in the event of failure to comply with the general payment terms for the awarded lots.
6. Submission of Bids.Bids to purchase lots published on the platform may be submitted by users registered and authorized to participate in the Auction, and will be collected on each lot listing available on
www.gobid.es.
Bids shall always be binding on thechecking the indicated prices and the increment conditions.
GOBID ESPAÑA SL reserves the right to cancel any bid if inconsistencies are found between the General Conditions and the Specific Conditions applicable to it.
Bids may be of two types, static or dynamic (proxy bid):
A simple static bid is considered a fixed-price bid.
A maximum dynamic bid (proxy bid) is considered a dynamic bid for the lot, not visible to other users.
When a registered user places a static bid, it may be outbid by another user. In this case, the user must place another static bid in order to be awarded the lot.
If a registered user places a maximum bid (proxy bid), it will remain valid until it is outbid by another user placing a bid higher than the established maximum bid. Increments will be automatic and based on the indicated minimum values, with a view to outbidding the other bids submitted up to the maximum amount entered.
Bids will be accepted until the end date and time indicated for the specific Auction. If bids are placed in the last 5 minutes, the bidding period will be extended by a period established in the Specific Conditions of each Auction.
6.1 Auction with no minimum price For auctions with no minimum price, users may offer an amount equal to the indicated amount or increase it by the recommended minimum increment using the relevant controls, or enter the amount they wish to offer.
Bids submitted will be considered irrevocable.
When a user submits a bid, it may be outbid by another user. In this case, the user must submit a new static bid to become the highest bidder and compete for the award of the lot.
7. Awarding of lots.At the end of each auction, the provisional lot-award phase will begin. This phase will last a maximum of 48 business hours, unless otherwise provided in the Specific Conditions. During this phase, confirmation of the provisional award will be sent to the highest bidder. GOBID ESPAÑA SL reserves the right to interrupt or cancel the auction or the award of lots before the end of the auction, at its sole discretion.
The award is conditional upon receipt of the deposit (if applicable).
If the provisional successful bidder fails to meet the obligations within the specified terms, the lot will be awarded to the bidder who submitted the next highest bid, and so on.
Bids submitted are binding and constitute a formal commitment to purchase.
8. Payment.A registered user who is awarded one or more lots must comply with the Specific Conditions of the Auction, which will set out the payment and collection terms and the indemnity clauses applicable in the event of non-compliance. If payment of the amounts due is not completed within the specified terms, the sale will be deemed automatically concluded. The user will forfeit the deposit (if applicable), which will be retained as compensation, and the award will consequently be revoked, in agreement with the Principal. Any damage discovered after collection of the awarded lots will be entirely the buyer's responsibility.
9. WarrantiesGOBID ESPAÑA SL accepts no liability for any total or partial errors in the descriptions of the lots offered for sale. Specific Conditions will be published for each Auction, detailing the relevant information about the auction and its lots. In addition, any matters not covered by the General Conditions will be governed by the provisions contained in the terms of use of the website
www.gobid.es.
Any matters not expressly covered by the General and Specific Conditions will be governed by the provisions of the proceedings and, where not regulated therein, by the provisions of the Insolvency Act and the Civil Procedure Act, which will apply only on a supplementary basis.
Lots will be sold in their current condition.
Prospective buyers are expressly advised to inspect the lots offered for sale in order to verify their actual condition. GOBID ESPAÑA SL and the bodies involved in the proceedings shall not be liable for any errors, omissions or inaccuracies in the photographs, descriptions or other details provided in the catalogue of lots for sale. For this reason, GOBID ESPAÑA SL will make various arrangements available to interested parties so that they may inspect the assets being auctioned.
GOBID ESPAÑA SL and the bodies involved in the proceedings provide no post-sale warranty of any kind to purchasers and expressly disclaim any such rights.
By accepting these conditions, the purchaser releases GOBID ESPAÑA SL and the bodies involved in the proceedings from any liability relating to warranty rights or third-party rights over the assets being sold.
GOBID ESPAÑA SL shall not be liable for damage or loss caused directly and/or indirectly, and its liability is limited solely to cases involving wilful misconduct or gross negligence on its part.
GOBID ESPAÑA SL shall in no way be liable for a user's own actions that cause damage, malfunction, incorrect display and/or improper use of the website www.gobid.es
GOBID ESPAÑA SL shall not be liable for any system malfunction that may adversely affect or delay the delivery of communications to a registered user.
The competitive process may be suspended and/or postponed at the discretion of GOBID ESPAÑA SL, in agreement with the Principal, either for technical reasons relating to the system connection that may result from server or network malfunctions, or at its sole discretion for other reasons.
The records contained in the log file generated by the system shall constitute full and exclusive evidence between all parties to these proceedings as to the content and timing of documents/messages exchanged by email. Registered users declare and acknowledge that the system records constitute full evidence of the relations between the parties. These records are confidential and will not be disclosed to third parties, except where expressly provided for or pursuant to an order of the Judicial Authority.
Any matters not covered by the General Conditions will be governed by the provisions contained in the terms of use of the website www.gobid.es.
In the event of any ambiguity arising from the interpretation of the provisions contained in the General and Specific Conditions displayed on the platform in translations into other languages, the Spanish version of the text shall prevail as evidence of their intended meaning.