GENERAL TERMS AND CONDITIONSThis constitutes a collection of irrevocable purchase offers concerning the lots published on the platform
www.gobidreal.it.
It should be noted that the irrevocable purchase offers, subject of this collection, do not entail any obligation or commitment to sell for the PRINCIPAL nor any charge for any mediation or consultancy (outside the assignment given to the AGENT), nor do they constitute invitations to offer, nor offers to the public
pursuant to art. 1336 of the Civil Code, nor solicitations of public savings
pursuant to art. 94 et seq. of Legislative Decree 58/1998.
For the participation rules and all information regarding the aforementioned collection, please refer to the specific conditions published on the platform www.gobidreal.it.
Table of Contents: · Art. 1. Definitions
· Art. 2. Applicability
· Art. 3. Publication and conduct of auctions and announcements
· Art. 4. Methods of participation and submission of offers
· Art. 5. Irrevocable purchase offer
· Art. 6. Obligations of the Principal
· Art. 7. Buyer’s Premium
· Art. 8. Charges
· Art. 9. Security Deposit
· Art. 10. Payments
· Art. 11. Transfer of ownership
· Art. 12. Guarantees
Art.1 Definitions: GOBID INTERNATIONAL AUCTION GROUP S.r.l.: Owner and manager of the online auction website http://www.gobidreal.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT -Tax Code 09441470961, authorized for auction sales with License issued by the Milan Police Commissioner 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 assignment from the Principal.
Principal: Responsible for the Procedure
Agent: GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Procedure: bankruptcy procedure declared by the Court or sale assignment given by private individuals
Auction: Competitive online sale of real estate published on
www.gobidreal.itAnnouncement: Publication of a notice regarding the sale or collection of offers/expressions of interest on real estate published on
www.gobidreal.itLot: Asset or set of assets present, subject of Auction or Announcement
Registered user: User registered on www.gobidreal.it
Auction registration: Authorization requested by the registered user to participate in the individual
AuctionBidder Number: Identifier of the registered user
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.
Base Price: Starting price of individual lots
Reserve price: Minimum price the achievement of which authorizes the provisional award of the lot
Current price: Current price of the Lot, resulting from the bid(s) made by users
Static offer: amount entered by the user to increase the current price of the lot
Maximum offer: (proxy bid) Maximum amount the user intends to pay for the lot
Minimum Raise: Predefined amount added to the current price necessary to formalize the static offer.
Extra-time : Extension of the time available to place bids in the auction (see Extra-time section)
Provisional award: Communication addressed to the highest bidder by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Award price: Award amount of the lot, net of any Buyer’s Premium due and any additional tax and non-tax charges
Buyer's Premium: Fee due to the agent calculated on the taxable amount of the award price
2. Applicability: These conditions apply to the use of the website www.gobidreal.it and, in particular, to the publication and conduct of auctions and announcements, as well as to the terms and conditions of user participation.
2.1. Specific Conditions For each auction or announcement, where provided, the specific Conditions will be published, indicating all specific information relating to the auction or announcement itself and the lots.
These conditions are applicable unless otherwise indicated in the Specific Conditions of each individual auction or announcement
3. Publication and conduct of auctions and announcements Auctions and announcements will be published on the website www.gobidreal.it indicating the dates of conduct and the lots present 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 interrupt the auction or announcements.
4. Methods of Participation and Submission of Offers.4.1 Announcement The user's participation in the announcement 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, accepting its terms and conditions.
The data entered by the subject during registration on the website and for the auctions will be the same as those to which the award may be attributed and to which the property will be registered. All payments required, before and after the sale, must be made by the registered subjects. Any powers of attorney or delegations may be considered subject to authorization from the Principal.
The user must pay the required security deposit by bank transfer to the current account specified in the specific sale conditions and on the registration page.
Where indicated in the specific sale conditions, the deposit may be paid online by credit card.
The user is required to specify the auction number for which they intend to participate and simultaneously send a copy of the bank transfer receipt to the address
[email protected] The deposit must be credited before the auction deadline, unless otherwise indicated in the specific sale conditions.
In addition to the crediting of the security deposit, the user, to be enabled to participate in the auction, must provide the following documents by uploading them 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 to whom the property will be registered (it will not be possible to register the property to a person other than the one who signs the registration, according to the procedure described in point 5.1)
- Copy of the tax code
- If the bidder is married under a legal community property regime, the corresponding data of the spouse must also be indicated, with a copy of the spouse's identity document (document not binding for enabling but required in case of award)
- IF COMPANY OR ENTITY:
- Updated chamber of commerce registration report or C.C.I.A.A. certificate.
- Copy of a valid identity document of the person who signed the offer on behalf of the company and, if different from the legal representative, copy of the document showing the relevant powers
- Copy of the tax code of the person who signed the offer
- Any duly legalized translation of the chamber of commerce certificate, if the company is not Italian
- Special power of attorney received or authenticated by a notary, in case of participation through a representative
Where provided for by specific conditions, additional documents will be requested and integrated with the above.
5. Irrevocable purchase offer 5.1 Procedure for finalizing offers at the auction base price
The combined effect of the crediting of the security deposit, the formalization of registration for the auction – with express acceptance of the general and specific conditions of sale, published online at www.gobidreal.it – and the sending by the user of all 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 for each sale attempt and will constitute, in itself, a binding purchase commitment by the user.
This offer will be formalized on the platform directly by the Agent by online bid, on behalf of the first user who has completed the finalization procedure described above.
Where there are several participants who have formalized their irrevocable purchase offer, according to the methods described above, and none of the bidders places a higher bid on the Platform, the best bidder and therefore provisional winning bidder will be the one who, first, in chronological order:
- has completed the aforementioned procedure.
The Agent will take care to inform all bidders in any manner whether or not they are the best bidders at the time of formalization of the above-mentioned irrevocable purchase offer.
5.2 Submission of offers to increase the base price. Making higher bids The offer formalized by the first bidder may be exceeded by bids of a higher amount, made by any enabled user.
The user who wishes to be the best bidder (and therefore provisional winning bidder) must have placed the highest offer at the end of the online auction.
Clearly, if there are several participants who place 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 awarded 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) according to the following methods:
5.2.1 Static offer A "static offer" means a bid at the price published online, plus a pre-set minimum increment.
5.2.2 Maximum offer (Proxy Bid):
A "proxy bid" means an offer for a maximum amount. It corresponds to the maximum amount that the user is willing to offer for each lot. The value of the proxy bid is entered manually by each bidder.
Until the maximum offer made by the user is exceeded by a higher offer, that same user will be the best bidder and therefore provisional winning bidder.
The current price will automatically adjust based on the amount of the pre-set increments, up to reaching the value set as the "maximum offer".
The value of the maximum offer (proxy bid) made by a user will not be visible to other users.
5.3. Validity of offers In any case (static offer – maximum offer – free offer), offers will be considered valid only if submitted during the auction period.
5.3.1 Extra time If a winning offer is placed in the 5 minutes before the auction closes, the time available to place another offer will be extended by a further 5 minutes from the last bid received. And so on, for each winning offer received within the 5 minutes of extra time, until the end of the available time.
In the event of extra time, 5 minutes must pass without any additional offer being registered from the last bid received before the auction can be considered definitively closed.
Automatic higher bids in the case of a maximum offer (proxy bid) will also be considered winning offers.
5.4. Award of lots At the end of each auction solution, following an assessment phase, the best bidders will be sent a confirmation of provisional award pursuant to Art. 107 of the Italian 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 granted to the bidder who has submitted the highest offer for each lot, or, if there are no further higher bids, to the bidder recognized as the first, in chronological order, to have completed the finalization procedure of the irrevocable purchase offer described in point 5.1.
In the event of award, the sale price must be paid in full by bank transfer made out to the procedure within the terms set in the specific conditions, failing which the deposit will be forfeited and definitively lost.
The deed of sale will be executed by notarial deed according to the methods established by the Principal (described in point 11, Transfer of ownership)
Offers submitted are binding and constitute a formal purchase commitment. If the winning bidder does not pay the consideration within the terms set in the specific conditions of sale, or if the award should lapse, the sale will be automatically terminated and the deposit will be retained, according to the methods set out in the "Security deposit" section. In that case, the award will be granted successively in favor of the next best bidder, who has completed the procedure described in point 5.1 or placed a higher bid, based on what is illustrated in point 5.2.
5.5 Other provisions Where provided by law, the Principal, as the person responsible for the sale procedure, may exercise the power provided by Art. 107, fourth paragraph, of the Italian 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 offered price
In any case, GOBID INTERNATIONAL AUCTION GROUP S.r.l. reserves the right to suspend the auction or the award of lots in agreement with the Principal.
6. Obligations of the PrincipalPursuant to Art. 107 of the Italian Bankruptcy Law, the Principal undertakes to give notice by notification to each mortgage creditor or otherwise privileged creditor at least 20 days before the date set for the conclusion of each sale attempt, and to inform the Delegated Judge and the Creditors' Committee of the outcome of each sale attempt, filing the relevant documentation with the Court Registry.
The Principal declares that any registrations relating to pre-emption rights, transcriptions of attachments and conservatory seizures and any other restriction burdening the real estate included in the sale will be cancelled pursuant to Art. 108 of the Italian Bankruptcy Law once the sale has been carried out and the price has been fully collected. Unless otherwise provided in the specific conditions of sale, any formality for the cancellation shall be carried out at the expense and care of the successful bidder.
7. Buyer's Premium
The fee due to the Agent shall be borne exclusively by the buyer and indicated as Buyer's Premium. It shall be calculated on the award amount of the asset, according to the methods indicated in the specific conditions of sale.
8. Charges The notary fees, legal taxes and all expenses relating to the sale, fiscal and non-fiscal, shall be borne by the buyer. The communication concerning the exact amount of the charges and their correct specification shall be made by the Principal as soon as possible.
The Principal shall provide in this regard, taking into account the tax regime of the transaction and any reliefs that the buyer intends to use. The Principal shall therefore be required to verify whether the transaction is subject to VAT or registration tax and to specify, if the conditions are met, whether it intends to use the reverse charge.
At the end of the sale, the Agent shall finally ask the successful bidder whether it intends to use the first home benefit or another tax benefit and inform the Principal accordingly, so that it can calculate the exact amount that the buyer shall be required to pay in terms of taxes.
The successful bidder shall pay the expenses within and not beyond the terms indicated in the specific conditions of sale.
9. Security deposit Participation in the auction is conditional upon payment of a mandatory security deposit defined in the specific conditions of sale.
Before being enabled to participate in the auction, participants shall pay the amount set out above by bank transfer or, where provided in the specific conditions, by credit card through the platform. Payments shall be made as established in the specific conditions of sale.
The deposit must be credited no later than the auction deadline.
For payment by bank transfer, it is recommended to make a BIR-type transfer (significant amount transfer)
If the auction participants do not win any asset, the deposit shall be returned within 20 working days of the award, without interest.
In the event of awarding one or more lots, the security deposit shall be returned after the buyer has completed the transfer of ownership of the real estate purchased at auction by notarial deed, subject to authorization provided by the Principal. In such case, the security deposit may be retained both to cover any charges attributable to the Procedure, at the Principal's discretion, and to cover any other services provided by the Agent.
In the event of payment of the security deposit by credit card, the deposit shall be collected into the Agent's current account, which shall return the amount so retained in the manner described above.
If the buyer wins at least one lot at auction, it shall be at the Agent's discretion, in agreement with the Principal, to deduct the deposit from the total amount owed by the buyer.
If, in the event of award, after paying the deposit, the bidder does not complete the purchase within the terms established in the specific conditions of sale, as regards both the award price and the Buyer's Premium and any additional charges, the sale shall be automatically terminated and the deposit shall be retained as liquidated damages.
10. Payments The provisional successful bidder of one or more lots is required to comply with the specific auction conditions where the terms for payment of both the awarded lots and the Buyer's Premium due as well as additional charges shall be specified, and the relevant compensation clauses in case of failure to comply with the aforesaid conditions.
All payments shall be made in full exclusively by bank transfer, unless otherwise provided in the specific conditions. The details shall be specified upon receipt by the user of the confirmation of provisional award.
In the event that payment of the amounts due is not completed within the established terms, in agreement with the Principal, the sale shall be automatically terminated and the security deposit shall be retained as liquidated damages, with consequent forfeiture of the award.
11. Transfer of ownership The transfer of ownership shall take place only after full payment of the award price and expenses, as provided in the specific conditions of sale, by notarial deed according to the methods established by the Principal, unless otherwise indicated in the specific conditions of sale.
In the case of judicial sales, the Principal shall finally be responsible for notifying the Delegated Judge so that the latter in turn proceeds with the cancellation of encumbrances on the properties subject to transfer pursuant to Art. 108 of the Bankruptcy Law, as indicated in Art. 6.
After the terms provided for payments in the specific conditions of sale have elapsed, in the event of failure to complete the transfer of ownership, the sale shall be automatically terminated and the amount paid by the successful bidder as Buyer's Premium shall be retained by the Agent as liquidated damages. The amount paid by the successful bidder as security deposit shall, instead, be retained according to the rules set out in the Security Deposit section.
12. Guarantees GOBID INTERNATIONAL AUCTION GROUP S.r.l. is not responsible for the failure or partial correspondence of the descriptions of the lots present in the auction or in the advertisements published on the platform.
For all matters 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 advertisement carried out through 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 of the same. Under no circumstances shall GOBID INTERNATIONAL AUCTION GROUP S.r.l. be liable for: direct actions of 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 subsequent to the conclusion of the auction.
For all matters not expressly provided for in these conditions, general and specific, reference is made to the rules of the Code of Civil Procedure and the Bankruptcy Law.
The sale of real estate is deemed forced (Art. 2919 c.c.). It is arranged for the assets seen and liked in the state of fact and law in which they are found. In forced sale, the warranty for defects of the thing does not apply. It cannot be challenged on grounds of damages. (Art. 2922 c.c.).
Any liability on the part of the Agent regarding the existence of third-party rights over the assets subject to sale is excluded (Art. 2920 c.c.).
The sale of real estate takes place in the state of fact and law in which they are found, with all any appurtenances, accessions, rights and actions, active and passive easements. The sale is by lump sum and not by measure, and without any warranty for defects or other lack.
ABUSES, VIOLATIONS, ENCUMBRANCES, COMPLIANCE WITH CURRENT REGULATIONS
For further information regarding any abuses, violations, encumbrances or lack of compliance with current regulations of the lots for sale, please refer to the attached appraisal.
The lots are sold as seen and liked in the state in which they are found.
Viewing the lots in auction is strongly recommended, GOBID INTERNATIONAL AUCTION GROUP S.r.l. or the Principal decline all responsibility for any errors, omissions and inaccuracies in the photos, descriptions and any other detail indicated in the auction or in the advertisements, for this reason viewing the lots is strongly recommended in order to verify the actual condition of the goods at auction. No warranty is given by GOBID INTERNATIONAL AUCTION GROUP S.r.l. or by the Principal
The buyer, by accepting these conditions, holds GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal harmless from any warranty or third-party claim.
In the event of any disputes arising relating to the interpretation of the provisions contained in the general and specific conditions shown on the platform, possibly translated into other languages, the Italian version of the text shall prevail.
Where not 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