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 the Auction
- Art. 5 Participation in the auction
- Art. 6. Submission of Bids
- Art 6.1 Open bid
- Art. 7 Awarding of lots
- Art. 8 Payment and collection
- Art. 9. Guarantees
Art.1 Definitions:
- GOBID INTERNATIONAL AUCTION GROUP SRL: Owner and manager of the online auction website http://www.gobid.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT No. - Tax Code 09441470961, authorized for sale by auction with License issued by the Milan Chief of Police No. 13/2008 of 9/04/2008.
- Gobid.it: Proprietary trademark registered by GOBID INTERNATIONAL AUCTION GROUP SRL
- www.gobid.it: The website managed by GOBID INTERNATIONAL AUCTION GROUP SRL for the sale of goods on commission
- Auction: Online sale of goods published on www.gobid.it
- Lot: Goods or set of goods available for sale in the Auction
- Registered user: User registered on www.gobid.it
- Auction registration: Authorization requested by the registered user to participate in the individual Auction
- Bidder 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, where indicated.
- Base Price: Starting price of the individual lots
- Reserve price: Minimum price which, if reached, 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 the user intends to pay for the lot
- Minimum increment: Pre-set amount to be added to the current price in order to place the bid.
- EXTRA-TIME: Time extension of the auction duration for submitting further bids.
- Award: Declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a lot is sold to the highest bidder.
- Sale Price: Amount of the Award of the lot at the moment the auction is deemed concluded
- Buyer's Premium: Percentage amount, calculated on the taxable base of the sale price declared in Award
2. Applicability:
These conditions apply to the use of the website www.gobid.it and, in particular, to the publication, conduct of the Auction as well as to the terms and conditions of user participation.
2.2. Specific Conditions
These conditions apply unless otherwise indicated in the Specific Conditions of each individual AUCTION.
3 Publication of auctions
Auctions will be published on the website www.gobid.it indicating the dates of conduct and the catalogue of lots.
4. Conduct of the Auction
Each individual auction will be published on www.gobid.it with terms and conditions better specified in the Specific Conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel, extend or interrupt the auction at its sole discretion.
The registered user is aware of the possible issues, both objective and subjective, arising from the use of an online auction conducted via the internet for which GOBID INTERNATIONAL AUCTION GROUP SRL cannot be held responsible.
GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for direct and/or indirect damage or liability except in the case of wilful misconduct or gross negligence by the same. GOBID INTERNATIONAL AUCTION GROUP SRL absolutely is not liable for: direct actions of the user that may cause damage or malfunction to the system, unavailability of display and/or use of www.gobid.it, unlawful use of www.gobid.it, any event after the conclusion of the auction.
Moreover, for all matters not provided in these general conditions, the provisions contained in the Terms of Use of the website www.gobid.it shall apply.
5 Participation in the auction
The registered user, in order to participate, is required to register for each individual AUCTION expressly accepting its General Conditions and Specific Conditions.
The data entered by the user during registration on the website will be the same as those to which the award may be attributed.
All requested payments must be made by the parties registered for the individual auctions. Any powers of attorney or delegations may be considered subject to prior authorization of the Principal.
If a deposit is required to participate in the auction, the registered user will not be enabled to participate without prior authorization from GOBID INTERNATIONAL AUCTION GROUP SRL . Authorization will be given by GOBID INTERNATIONAL AUCTION GROUP SRL only upon receipt of the deposit. The methods of payment of the deposit, if any, will be indicated in the Specific Auction Conditions.
If the auction participants do not win any asset, the deposit will be refunded within 20 working days from the final deadline of the auction, without interest.
In the event of awarding one or more lots, the security deposit will be refunded after the buyer has arranged the collection of the goods purchased at auction, settled any payments for additional services, or completed the purchase of the goods purchased at auction, with the handling of the bureaucratic procedures required for the sale, subject to authorization provided by the Principal. In such a case, the security deposit may be retained to cover any charges for occupation of spaces and areas attributable to the Procedure or expenses of another nature, at the discretion of the Principal.
In the event of payment of the security deposit by credit card and the awarding of one or more lots to the user, the deposit will be collected into the current account of GOBID INTERNATIONAL AUCTION GROUP SRL , which will refund the amount so retained only after the user has arranged the collection or completed the purchase of the goods purchased at auction, with the handling of the bureaucratic procedures required for the sale
The security deposit will be retained in the event of failure to comply with the general payment terms for awarded lots.
6. Submission of Bids
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Purchase bids for lots may be placed by the registered user, if authorized to participate, within each individual lot page on www.gobid.it.
Bids will always be subject to verification of compliance with the indicated prices and bidding conditions. GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel the bid if inconsistencies are found with what is stated in the General Conditions and Specific Conditions.
Bids may be of two types, static or dynamic (proxy bid):
A static bid is considered a fixed-price bid.
The maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the lot, not visible to other users.
When the registered user places a static bid, it may be outbid by another user's bid. At this point, the user will be required to place another static bid to win the lot.
If the registered user places a maximum bid (proxy bid), it will be considered valid until it is outbid by a bid from other users that is higher than the maximum bid. Bid increments will be automatic based on the indicated minimum values, aimed at outbidding the other bids submitted until the entered amount is reached.
Bids will be considered valid only if submitted during the auction period. If bids are received within 5 minutes before the auction end, the time available to place other bids will be extended by the time value indicated in the Specific Conditions of each individual auction.
6.1. Free bid
In the case of an auction with free bid mode the user may bid the amount equal to the indicated amount or increase it by the recommended minimum bid increment using the appropriate sliders, or may directly enter the amount they intend to bid.
Confirmed bids will be considered irrevocable.
When the registered user places a bid, it may be outbid by another user's bid. At this point, the user will be required to place another static bid to become the highest bidder and compete for the award of the lot.
7. Award of lots
At the end of the auction, the evaluation phase for the award of lots will begin and will last a maximum of 48 working hours, unless otherwise provided in the specific conditions. At the end of the evaluation phase, notification of the award will be given to the highest bidder.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to suspend the auction or the awarding of lots even before the end of the auction, either at its sole discretion, or if a suitable and confirmed offer is submitted.
The award is conditional upon receipt of the security deposit
If the winning bidder does not pay the sale price within the established terms, the award will be made in favor of the next highest bidder.
Bids placed are binding and constitute a formal commitment to purchase. If the award to the highest bidder should lapse, it will be assigned successively to the next highest bidder.
The Principal, as the person responsible for the sale procedure, may exercise the option provided by Art. 107, fourth paragraph, of the Bankruptcy Law, and suspend the sale in the event of receipt of an irrevocable improved purchase offer for an amount not less than ten percent of the price offered.
8. Payment and collection
The registered user who is the winning bidder of one or more lots is required to comply with the specific auction conditions where the terms for payment and collection and the relevant compensation clauses in the event of non-compliance with the aforementioned conditions will be specified.
In the event that payment of the amounts due is not completed within the established terms, the sale shall be automatically terminated and the security deposit shall be retained as a compensation penalty, with consequent forfeiture of the award, in agreement with the client. Any damage found after collection of the awarded lots shall be entirely borne by the buyer.
The collection operations must be carried out in compliance with the safety regulations established by law, under the responsibility of the buyer/winning bidder, who must arrange accordingly, also with reference to any third parties and/or collaborators employed in the aforementioned operations.
The Mandatary declines all responsibility in this regard, as mere executor of an assignment aimed at the competitive sale of the assets related to the Procedure.
In the case of export for clients outside the European Union, in compliance with Italian law, the Bodies of the Procedure may require payment of the VAT due on the awarded lots in order to avoid penalties for failure to pay VAT.
The amount will be withheld until export has occurred and refunded upon presentation of the relevant documents.
9. Warranties
GOBID INTERNATIONAL AUCTION GROUP SRL is not responsible for the missing or partial correspondence of the descriptions of the lots present in the auction. For each auction, the specific Conditions will be published where all information relating to the auction itself and the lots will be detailed.
Furthermore, for all matters not provided for in these general conditions, the provisions contained in the Terms of Use of the website www.gobid.it shall apply.
For all matters not expressly provided for in these conditions, general and specific, reference is made to the rules of the Italian Code of Civil Procedure and the Bankruptcy Law
The lots are sold as seen and liked in the state in which they are found.
The viewing of the lots in auction is strongly recommended, GOBID INTERNATIONAL AUCTION GROUP SRL or the seller decline all responsibility for any errors, omissions and inaccuracies in the photos, descriptions, quantities and any other detail indicated in the lot catalogues; for this reason the viewing of the lots is strongly recommended in order to verify the actual condition of the assets in auction.
No warranty is given by GOBID INTERNATIONAL AUCTION GROUP SRL or by the seller.
The buyer, by accepting these conditions, holds GOBID INTERNATIONAL AUCTION GROUP SRL and the seller harmless from any warranty or claim by third parties.
GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for direct and/or indirect damages or liability, except in cases of wilful misconduct or gross negligence on its part.
Under no circumstances is GOBID INTERNATIONAL AUCTION GROUP SRL liable for: direct actions of the user that may cause damage or malfunction to the system, unavailability of display and/or use of www.gobid.it, unlawful use of www.gobid.it.
GOBID INTERNATIONAL AUCTION GROUP SRL shall not, under any circumstances, be held liable for any system malfunctions that could in any way impair or delay the delivery of communications to the party who registers.
The competitive procedure may, at the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL, in agreement with the Principal, be suspended and/or postponed both due to technical connection problems to the system caused by server or network malfunctions, or at its unquestionable discretion for other reasons.
The recordings present in the log file generated by the system constitute full and exclusive evidence among all parties to this procedure, regarding the content and time of the documents/messages exchanged electronically. The parties who register declare and acknowledge that the system recordings constitute full evidence of the relationships between them. Such recordings are confidential and will not be disclosed to third parties, except in cases expressly provided for or by order of the Judicial Authority.
For all matters not provided for in these conditions, the provisions contained in the terms of use of the website www.gobid.it shall apply.
In the event of any disputes arising relating to the interpretation of the provisions contained in the general and specific conditions set out on the platform, possibly translated into other languages, the Italian version of the text shall prevail.
Where not 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