GENERAL TERMS AND CONDITIONS
 
Table of Contents:
Art. 1. Definitions
Art. 2. Applicability
      2.2. Specific conditions
Art. 3 Publication of Auctions
Art. 4. Conduct of Auctions
Art. 5. Participation in Auctions
Art. 6. Submission of bids
Art. 7. Award of lots
Art. 8. Payment
Art. 9. Guarantees 
 
 
1. Definitions
·          GOBID ESPAÑA SL: Manager of the online auction website http://www.gobid.es, with registered office in Málaga, Calle Esperanto no. 4, 29007, CIF: B72551898, authorized with a sales mandate for real estate and movable property
·          Gobid.es: Trade mark 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 page www.gobid.es
·          Lot: Asset or group of assets subject to auction.
·          Registered user: User registered at www.gobid.es
·          Auction registration: Prior authorization required for the registered user to be able to participate in the auction.
·          Bidder Number: Identification of the registered user. 
·          General Conditions: These Terms and Conditions, which generally govern all auctions.
·          Specific Conditions: Specific Terms and Conditions of each auction.
·          Deposit: Amount required prior to participation in the auction, when expressly required.
·          Base price: Starting price of the individual lots.
·          Reserve price: Minimum price below which the lot cannot be sold
·          Current price: Current price of the lot
·          Simple bid: amount entered by the user to increase the current price of the lot.
·          Maximum bid: (proxy bid)maximum amount that the user is willing to pay for the lot.
·          Minimum increment: improvements must be made in steps by means of a predetermined amount.
·          EXTRA-TIME: Time available after the auction deadline for the submission of 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 at the time the auction is deemed concluded.
·          Buyer’s Premium: Percentage amount calculated on the sale price declared in the award of the auction.

2. Applicability.
These conditions apply generally to any use of the page www.gobid.es and in particular to the publication and conduct of the Auction, as well as to the terms and conditions of users who participate in them.

2.1. Specific conditions.
The specific conditions of each auction shall prevail over these general conditions.

3. Publication of Auctions.
Auctions will be published on the website www.gobid.es indicating the conduct dates and the catalogue of lots.
 
4. Conduct of Auctions. 
Each Auction will be published on the website www.gobid.es according to the terms and conditions indicated in the General and Specific Conditions. GOBID ESPAÑA SL reserves the right to cancel, extend or interrupt the Auction at its own discretion.
The registered user expressly consents to and accepts all objective and subjective problems and conflicts that may arise from the use of an Auction conducted online, and declares GOBID ESPAÑA SL free from all liability for any loss or damage caused as a result thereof.
 
Any liability of GOBID ESPAÑA SL for damages or losses caused to the registered user directly and/or indirectly is excluded, limiting such liability solely to cases in which there is 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 prior to, during or after the auction process.
In all matters not provided for in the general conditions, the provisions contained in the terms of use of the website www.gobid.es shall apply. 

5. Participation in Auctions.
The user registered on the page www.gobid.es will be required to register for each Auction by accepting the General Conditions and the Specific 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 methods of payment of the deposit will be indicated in the Specific Conditions of the Auction.
Users who have participated in the procedure but have not been awarded any asset will receive their deposit within 20 business days following the conclusion of the Auction and without interest.
Users who participate in the auction and are awarded one or more lots will receive their deposit once they have collected the acquired assets, settled any costs for complementary services and completed the acquisition of the assets acquired at auction by carrying out the bureaucratic procedures provided for in the sale and always with prior authorization from the Principal. In such cases the deposit may be deducted from costs that may be generated as complementary services, as well as from other costs at the discretion of the Principal.
 
If the purchaser has paid the deposit by debit/credit card, GOBID ESPAÑA SL will proceed with the refund by bank transfer once the assets have been collected and the acquisition has been completed as stated in the previous paragraph.
 
The deposit will be retained in case of non-compliance with the general payment terms of the awarded lots.

6. Submission of bids.
Bids aimed at acquiring the lots published on the platform may be placed by registered users authorized to participate in the Auction and will be collected within each lot file present on www.gobid.es.
Bids will always be binding to the verification of the indicated prices and the increment conditions.
 
GOBID ESPAÑA SL reserves the right to cancel any bid in the event that inconsistencies are found between the General Conditions and the Specific Conditions thereof.
 
Bids can be of two types, static or dynamic (proxy bid):
A simple static bid is considered a fixed-price bid.
The maximum dynamic bid (proxy bid) is considered a dynamic-price bid per lot, not visible to other users.
When a registered user places a static bid, it may be outbid by a bid from other users. In this case, the user will be required to place another static bid in order to be awarded the lot.
If the registered user places a maximum bid (proxy bid), it will remain valid until it is outbid by a bid from other users that is higher than the established maximum bid. The increments will be automatic and will be based on the indicated minimum values, with a view to outbidding the other bids submitted until reaching the maximum amount entered.
Bids will be accepted until the date and time of completion indicated for the specific Auction. If bids are registered in the last 5 minutes, the deadline for placing bids will be extended by a period established in the Specific Conditions of each Auction.
 
6.1 Auction without minimum price
 
In the case of auctions without a minimum price, the user may offer an amount equal to the indicated amount or increase it by the recommended minimum increment through the corresponding sliders, or may enter the amount they wish to offer.
 
Bids placed will be considered irrevocable.
When a user submits a bid, it may be outbid by a bid from other users. In this case, the user will have to submit a new static bid to become the best bidder and participate in the award of the lot.
 
7. Award of lots.
At the end of each auction, the phase of provisional award of lots will begin. This phase will have a maximum duration of 48 business hours, unless otherwise established in the Specific Conditions. During this phase, a provisional award confirmation 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 unquestionable discretion.
 
The award is subject to receipt of the deposit (if provided).
In the event that the provisional successful bidder fails to comply with the obligations established in the terms and conditions, the award will be granted to the bidder who submitted the next best bid, and so on, unless the specific conditions stipulate otherwise.
Bids placed are binding and constitute a formal commitment to purchase.
 
 
8. Payment.
The registered user awarded one or more lots is obliged to comply with the Specific Conditions of the Auction, which will specify the terms of payment, collection, and indemnity clauses in the event of non-compliance. If payment of the amounts due is not completed within the established terms, the sale will be automatically deemed concluded. The user will lose the deposit (if provided), which will be retained as compensation with consequent forfeiture of the award, in agreement with the Principal. The existence of any damage detected after collection of the awarded lots will be entirely borne by the buyer.
 

9. Warranties
Any liability of GOBID ESPAÑA SL regarding the existence of total or partial error in the descriptions of the lots offered for sale is excluded. For each Auction, its own Specific Conditions will be published, detailing the specific information about it and its lots. Furthermore, in all matters not provided for in the general conditions, the provisions contained in the terms of use of the website www.gobid.es will apply.

In all matters not expressly provided for in the general and specific conditions, the provisions set forth in the procedure and, for matters not regulated therein, those established in the Insolvency Act and the Civil Procedure Act will apply, which will only apply supplementarily.
The lots will be sold in the condition in which they are found.

Visiting the lots for sale is expressly recommended in order to verify their actual condition and state. GOBID ESPAÑA SL and the process bodies are released from liability for any errors, omissions, and inaccuracies in the photos, descriptions, and other details expressed in the catalog of the lots for sale. For this reason, GOBID ESPAÑA SL will make available to interested parties various means so that they can carry out these visits of the auctioned assets.
GOBID ESPAÑA SL and the procedure bodies do not recognize any type of warranty after the sale in favor of the purchasers, expressly denying any right of this nature.
The purchaser, by accepting these conditions, releases GOBID ESPAÑA SL and the procedure bodies from any liability for warranty rights or third-party rights over the assets subject to the sale.

GOBID ESPAÑA SL is not liable for damages or losses caused directly and/or indirectly, limiting such liability solely to cases where there is willful misconduct or gross negligence on their part.
GOBID ESPAÑA SL is in no way liable for the user's own actions that cause damage, malfunction, incorrect display, and/or improper use of the website www.gobid.es
Any liability of GOBID ESPAÑA SL for system malfunction that may harm or delay the delivery of communications to the registering user is excluded.
The competitive procedure may be suspended and/or postponed at the discretion of GOBID ESPAÑA SL in agreement with the Principal, whether for technical reasons of connection to the system that may depend on server or network malfunction, or at its own judgment for different reasons.
The records present in the log file generated by the system constitute full and exclusive evidence among all parties to this procedure, in relation to the content and time of the documents/messages exchanged by email. The registering parties declare and acknowledge that the system records constitute full evidence of the relationships between the parties. Such records are confidential and will not be disclosed to third parties, except in cases expressly provided for or under order of the Judicial Authority.
In all matters not provided for in the general conditions, the provisions contained in the terms of use of the website www.gobid.es will apply. 
 
In the event of misunderstandings arising from the interpretation of the provisions contained in the general and specific conditions expressed on the platform translated into other languages, the Spanish version of the text shall be authoritative as to their intent.