GENERAL TERMS AND CONDITIONSTable of Contents: · Art. 1. Definitions
· Art. 2. Applicability
· Art. 3. Publication and conduct of auctions and listings
· Art. 4. Methods of participation and submission of bids
· Art. 5. Irrevocable purchase offer
· Art. 6. Principal’s obligations
· Art. 7. Buyer’s Premium
· Art. 8. Charges
· Art. 9. Security Deposit
· Art. 10. Payments
· Art. 11. Transfer of ownership
· Art. 12. Warranties
Art.1 Definitions: GOBID INTERNATIONAL AUCTION GROUP S.r.l.: Owner and operator of the online auction website http://www.gobidreal.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT and Tax Code 09441470961, authorized to conduct auction sales under License issued by the Milan Chief of Police no. 13/2008 of 9/04/2008.
gobidreal.it: Registered trademark owned by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
www.gobidreal.it: The website managed by GOBID INTERNATIONAL AUCTION GROUP S.r.l. for the sale of real estate on the basis of an assignment given by the Principal.
Mandante: Person responsible for the Procedure
Mandatario:GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Procedura:insolvency procedure declared by the Court or sales assignment conferred by private parties
Asta: Competitive online sale of real estate published on
www.gobidreal.itAnnuncio: Publication of a notice concerning the sale or the collection of bids/expressions of interest on real estate published on
www.gobidreal.itLotto: Asset or group of assets present, subject to Auction or Listing
Utente registrato: User registered on www.gobidreal.it
Registrazione all'asta: Authorization requested by the registered user to take part in the individual
AuctionBidder Number: Identifier of the registered User
Condizioni Generali: these terms and conditions
Condizioni Specifiche: Specific terms and conditions of the Auction
Deposito: Amount to be paid in order to participate in the Auction.
Prezzo Base: Starting price of each lot
Prezzo di riserva: Minimum price whose achievement authorizes the provisional awarding of the lot
Prezzo attuale: Current price of the Lot, resulting from the bid(s) placed by users
Offerta statica: amount entered by the user to increase the current price of the lot
Offerta massima: (proxy bid) Maximum amount that the user intends to pay for the lot
Rilancio Minimo: Predetermined amount added to the current price required in order to formalize the static bid.
Extra-time : Extension of the time available to place bids in the auction (see Extra-time section)
Aggiudicazione provvisoria: Communication sent to the highest bidder by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Prezzo di aggiudicazione: Award amount of the lot, net of any Buyer’s Premium due and any additional charges, fiscal or otherwise
Buyer's Premium: Fee due to the agent calculated on the taxable amount of the award price
2. Applicability: These terms apply to the use of the website www.gobidreal.it and, in particular, to the publication and conduct of auctions and listings, as well as to the terms and conditions of user participation.
2.1. Specific conditions For each auction or listing, where provided, Specific Conditions will be published, indicating all specific information relating to the auction or the listing itself and to the lots.
These terms are applicable unless otherwise indicated by the Specific Conditions of each individual auction or listing.
3. Publication and conduct of auctions and listings Auctions and listings will be published on the website www.gobidreal.it indicating the dates of conduct and the lots available and, where provided, the general and specific terms and conditions.
GOBID INTERNATIONAL AUCTION GROUP S.r.l, in agreement with the Principal, reserves the right to cancel, extend or suspend the auction or listings.
4. Methods of Participation and Submission of bids.4.1 Listing User participation in the listing mode will be governed by the specific conditions, where present.
4.2 Online auction4.2.1 Registration processTo participate in the sale, the user must register on the website
www.gobidreal.it, entering their personal data, request registration for the auction, and accept its terms and conditions.
The data entered by the person during registration on the website and for the auctions will be the same to which any award will be assigned and in whose name the property will be registered. All payments required, before and after the sale, must be made by the registered persons. Any powers of attorney or delegations may be taken into consideration subject to authorization by the Principal.
The user must pay the required security deposit by bank transfer to the current account specified in the specific conditions of sale and on the registration page.
Where indicated in the specific conditions of sale, payment of the deposit may be made online by credit card.
The user is required to specify the auction number for which they intend to participate and simultaneously send an accounting copy of the bank transfer made to the address
[email protected] The deposit must strictly be credited before the end of the auction, unless otherwise indicated in the specific conditions of sale.
In addition to the crediting of the security deposit, in order to be enabled to participate in the auction the user must provide the following documents by upload in the "My Documents" section or by sending them to the address
[email protected] - IF A NATURAL PERSON:
- Copy of a valid identity document of the person in whose name the property will be registered (it will not be possible to register the property in the name of a person other than the one who completes the registration, according to the procedure described in point 5.1)
- Copy of the tax code
- If the bidder is married under the legal community of property regime, the corresponding details of the spouse must also be indicated, with the submission of a copy of the spouse’s identity document (document not binding for the purposes of authorization but required in the event of an award)
- IF A COMPANY or ENTITY:
- Updated company registration report or Chamber of Commerce certificate
- Copy of a valid identity document of the person who signed the bid on behalf of the company and, if this person is not the legal representative, a copy of the deed showing the relevant powers
- Copy of the tax code of the person who signed the bid
- Any duly legalized translation of the company registration certificate, if the company is not Italian
- Special power of attorney received or authenticated by the notary, in case of participation through a representative
Where required by specific conditions, additional documents will be requested which will be added to those mentioned above.
5. Irrevocable purchase offer 5.1 Procedure for finalizing bids at the auction base price
The combined effect of the crediting of the security deposit, the formalization of registration for the auction – with explicit acceptance of the general and specific conditions of sale, published online on www.gobidreal.it – and the sending by the user of all the required supporting documentation, as specified above in point 4.2.1, will be considered equivalent to an irrevocable purchase offer at the price set as the auction base price for each sale attempt and will itself constitute a binding commitment to purchase by the user.
This offer will be formalized on the platform directly by the Agent by placing an online bid on behalf of the first user who has completed the finalization procedure described above.
If there are several participants who have formalized their irrevocable purchase offer in the manner described above, and none of the bidders places a higher bid on the Platform, the best bidder and therefore provisional successful bidder will be the one who, first in chronological order:
- will have completed the aforementioned procedure.
The Agent will take care to inform all bidders by any means of whether or not they are the best bidders at the time of formalization of the aforesaid irrevocable purchase offer.
5.2 Submission of bids to increase the base price. Placement of higher bids The offer formalized for the first bidder may be exceeded by higher bids placed by any enabled user.
The user who wishes to be the best bidder (and therefore provisional successful bidder) must have placed the highest bid at the end of the online auction.
Clearly, where there are several participants placing higher bids on the offer at the auction base price, the user recognized as the "first bidder" may also compete for the award of the lots by placing higher bids on the current price.
To be able to win the lot(s) for sale, users will be invited to increase the price indicated in the auction (and therefore to place at least one higher bid) in the following ways:
5.2.1 Static bid “Static bid” means a bid at the price published online, plus a preset minimum increment.
5.2.2 Maximum bid (Proxy Bid):
“Proxy bid” means a bid at a maximum amount. This corresponds to the maximum amount that the user is willing to offer for each lot. The proxy bid value is entered manually by each bidder.
As long as the maximum bid placed by the user is not exceeded by a higher bid, that same user will remain the best bidder and therefore the provisional successful bidder.
The current price will adjust automatically on the basis of the preset bid increments, up to the amount set as the “maximum bid”.
The value of the maximum bid (proxy bid) placed by a user will not be visible to other users.
5.3. Validity of bids In all cases (static bid – maximum bid – free bid), bids will be considered valid only if submitted during the time period in which the auction is held.
5.3.1 Extra time If a winning bid is placed in the 5 minutes before the auction closes, the time available to place another bid will be extended by a further 5 minutes from the last bid received. This will continue indefinitely, for every winning bid received within the 5 minutes of extra time, until the end of the available time.
In the event of extra time, 5 minutes must elapse without any additional bid being recorded from the last bid received before the auction can be considered definitively closed.
Automatic higher bids in the case of a maximum bid (proxy bid) will also be considered winning bids.
5.4. Awarding of lots At the end of each auction session, following a preliminary review phase, a provisional award confirmation will be sent to the best bidders pursuant to art. 107 of the Bankruptcy Law, against which they will be required to make payments by the deadline set in the specific conditions of sale.
The provisional award will be assigned to the bidder who has submitted the highest bid for each lot or, in the absence of further higher bids, to the bidder who is recognized as the first, in chronological order, to have completed the procedure for finalizing the irrevocable purchase offer described in point 5.1.
In the event of an award, the sale price must be paid in full by bank transfer made out to the procedure within the deadlines set in the specific conditions, under penalty of forfeiture and definitive loss of the deposit.
The deed of sale will be executed by notarial deed in accordance with the procedures established by the Principal (described in point 11, Transfer of ownership)
The bids submitted are binding and constitute a formal commitment to purchase. If the successful bidder does not pay the price within the deadlines set in the specific conditions of sale, or if the award is forfeited, the sale will be considered automatically terminated and the deposit will be retained, in accordance with the procedures set out in the “Security deposit” section. In such a case, the award will be reassigned, in favor of the next best bidder who has completed the procedure described in point 5.1 or who has placed a higher bid, on the basis of what is described in point 5.2.
5.5 Other provisions Where provided by law, the Principal, as the person responsible for the sale 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 improved irrevocable purchase offer for an amount not less than ten percent of the price offered
In any case, GOBID INTERNATIONAL AUCTION GROUP S.r.l. reserves the right to suspend the auction or the award of the lots in agreement with the Principal.
6. Obligations of the PrincipalPursuant to art. 107 of the Bankruptcy Law, the Principal undertakes to give notice by serving notification to each of the mortgage creditors or otherwise preferred creditors at least 20 days before the date set for the conclusion of each sale attempt, as well as to inform the Delegated Judge and the Creditors’ Committee of the outcome of each sale attempt, filing the related documentation with the Court Registry.
The Principal declares that any registrations relating to pre-emption rights, entries of foreclosures and of protective seizures and any other encumbrance on the real estate assets offered for sale will be cancelled pursuant to art. 108 of the Bankruptcy Law once the sale has been completed and the price has been collected in full. Unless otherwise provided in the specific conditions of sale, all formalities for cancellation will be carried out by and at the expense of the successful bidder.
7. Buyer’s Premium
The fee due to the Agent will be borne exclusively by the buyer and indicated with the wording Buyer’s Premium. It will be calculated on the hammer price of the asset, in accordance with the procedures indicated in the specific conditions of sale.
8. Charges The notary fees, statutory taxes and all expenses relating to the sale, fiscal and otherwise, will be borne by the buyer. The Principal must communicate the exact amount of the charges and their proper breakdown as soon as possible.
The Principal must act accordingly, taking into account the tax treatment of the transaction and any incentives that the buyer intends to benefit from. The Principal will therefore be required to verify whether the transaction is subject to VAT or registration tax and to specify, where the conditions are met, whether they intend to use the reverse charge.
At the end of the sale, the Agent will then ask the successful bidder whether they intend to benefit from the first home incentive or other tax benefit and will inform the Principal accordingly, so that the latter can calculate the exact amount that the buyer will be required to pay in terms of taxes.
The successful bidder must pay the expenses within and no later than the deadlines indicated in the specific conditions of sale.
9. Security deposit Participation in the auction is subject to the payment of a mandatory security deposit defined in the specific conditions of sale.
Before being enabled to participate in the auction, participants must pay the amount established above by bank transfer or, where provided for in the specific conditions, by credit card via the platform. Payments must be made as established in the specific conditions of sale.
The deposit must be strictly credited before the end of the auction.
For payment by bank transfer, it is recommended to make a BIR-type transfer (bonifico importo rilevante - large amount transfer).
If the auction participants do not win any asset, the deposit will be refunded within 20 working days from the awarding, without interest.
In the event of award of one or more lots, the security deposit will be refunded after the buyer has completed the transfer of ownership of the real estate purchased at auction by means of a notarial deed, subject to authorization provided by the Principal. In this case, the security deposit may be withheld both to cover any charges related to the Procedure, at the discretion of the Principal, and to cover any other services provided by the Agent.
In the event of payment of the security deposit by credit card, the deposit will be credited to the Agent’s current account, who will refund the amount thus withheld in the manner described above.
If the buyer is awarded at least one lot at auction, the Agent, in agreement with the Principal, may deduct the deposit from the total amount due from the buyer.
If, in the event of an award, after having paid the deposit, the bidder does not complete the purchase within the deadlines established in the specific conditions of sale, both as regards the award price and the Buyer’s Premium and any additional charges, the sale will be considered automatically terminated and the deposit will be retained as a compensatory penalty.
10. Payments The provisional successful bidder of one or more lots is required to comply with the specific conditions of the auction, which will specify the deadlines for the payment of both the awarded lots and the Buyer’s Premium due, as well as any additional charges, and the related compensation clauses in case of non-compliance with the aforementioned conditions.
All payments must be made in full exclusively by bank transfer, unless otherwise provided in the specific conditions. The details will be specified upon receipt by the user of the provisional award confirmation.
If the payment of the amounts due is not completed within the established deadlines, in agreement with the Principal, the sale will be considered automatically terminated and the security deposit will be retained as a compensatory penalty, with the consequent forfeiture of the award.
11. Transfer of ownership The transfer of ownership will take place only after full payment of the award price and expenses, as provided for in the specific conditions of sale, by notarial deed in accordance with the procedures established by the Principal, unless otherwise indicated in the specific conditions of sale.
In the case of judicial sales, the Principal will finally be responsible for notifying the Delegated Judge so that the latter may proceed with the cancellation of prejudicial registrations on the properties being transferred pursuant to art. 108 of the Bankruptcy Law, as indicated in art. 6.
Once the deadlines for payments provided in the specific conditions of sale have expired, if the transfer of ownership has not been completed, the sale will be considered automatically terminated and the amount paid by the successful bidder as Buyer’s Premium will be retained by the Agent as a compensatory penalty. The amount paid by the successful bidder as a security deposit will instead be retained in accordance with the rules set out in the Security Deposit section.
12. Warranties GOBID INTERNATIONAL AUCTION GROUP S.r.l. is not responsible for the lack of or partial correspondence of the descriptions of the lots offered at auction or in the advertisements published on the platform.
For anything not provided for in these general conditions or in the specific conditions, the provisions contained in the Terms of Use of the website
www.gobidreal.it shall apply.
The registered user is aware of the possible objective and subjective issues arising from the use of an online auction or online listing carried out via the internet, for which GOBID INTERNATIONAL AUCTION GROUP S.r.l. cannot be held responsible.
GOBID INTERNATIONAL AUCTION GROUP S.r.l. is not liable for direct and/or indirect damage or liability except in cases of willful misconduct or gross negligence on its part. Under no circumstances shall GOBID INTERNATIONAL AUCTION GROUP S.r.l. be liable for: direct actions by the user that may cause damage or malfunction to the system, unavailability of viewing and/or use of www.gobidreal.it, unlawful use of www.gobidreal.it, any event occurring after the conclusion of the auction.
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 and the Bankruptcy Law.
The sale of real estate assets is considered forced (Art. 2919 Italian Civil Code). It is ordered for the goods as seen and liked, in their current factual and legal condition. In forced sales there is no warranty for defects of the item. It cannot be challenged on the grounds of damages (Art. 2922 Italian Civil Code).
Any liability of the Agent regarding the existence of third-party rights on the assets subject to sale is excluded (Art. 2920 Italian Civil Code).
The sale of real estate assets takes place in the factual and legal condition in which they are found, with all any appurtenances, accessions, rights and actions, active and passive easements. The sale is per unit and not by measure, and without any warranty for defects or other shortcomings.
ABUSES, VIOLATIONS, ENCUMBRANCES, COMPLIANCE WITH CURRENT REGULATIONS
For further information regarding any abuses, violations, encumbrances or lack of compliance with current regulations concerning the lots for sale, please refer to the attached appraisal report.
The lots are sold as seen and liked, in their current condition.
Inspection of the lots in the auction is strongly recommended; GOBID INTERNATIONAL AUCTION GROUP S.r.l. or the Principal decline any responsibility for any errors, omissions and inaccuracies in the photos, descriptions and any other details indicated in the auction or in the listings; for this reason, inspection of the lots is strongly recommended in order to verify the actual condition of the goods in the auction. No warranty is given by GOBID INTERNATIONAL AUCTION GROUP S.r.l. or by the Principal.
By accepting these conditions, the buyer indemnifies GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal from any warranty or claim by third parties.
In the event of any disputes arising regarding the interpretation of the provisions contained in the general and specific conditions published on the platform, which may be translated into other languages, the Italian version of the text shall prevail.
Unless otherwise specified, the times indicated in the specific conditions and on the platform refer to the time zone indicated in the server time published on the site