GENERAL TERMS AND CONDITIONSTable of Contents: · Art. 1. Definitions
· Art. 2. Applicability
· Art. 3. Publication and conduct of auctions and listings
· Art. 4. Participation procedures 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. Warranties
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 no. - Tax code 09441470961, authorized for auction sale with License issued by the Police Commissioner of Milan 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 properties on assignment conferred by the Principal.
Principal: Responsible for the Procedure
Agent:GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Procedure:competitive procedure declared by the Court or sale assignment conferred by private parties
Auction: Online competitive sale of real estate properties published on
www.gobidreal.itListing: Publication of a notice regarding the sale or collection of offers/expressions of interest on real estate properties published on
www.gobidreal.itLot: Asset or group of assets present, subject of Auction or Listing
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 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 bid increment: Pre-established amount added to the current price required to formalize the static bid.
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: Amount of Award 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 base 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 listings, as well as to the terms and conditions of user participation.
2.1. Specific conditions For each auction or listing, where provided, the Specific Conditions will be published, indicating all specific information relating to the auction or the listing itself and the lots
These conditions apply unless otherwise indicated in 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 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 listings.
4. Participation Procedures and Submission of Offers.4.1 Listing The user's 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 auction registration, accepting its terms and conditions.
The data entered by the party 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 required payments, before and after the sale, must be made by the registered parties. Any powers of attorney or delegations may be considered subject to authorization by the Principal.
The user must pay the required security deposit by bank transfer to the account specified in the specific sale conditions and on the registration page.
Where indicated in the specific sale conditions, payment of the deposit may be made online by credit card.
The user must specify the auction number for which they intend to participate and simultaneously send an accounting copy of the transfer made to the address
[email protected] The security deposit must be credited strictly before the auction deadline, unless otherwise indicated in the specific sale conditions.
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 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 party to whom the property will be registered (it will not be possible to register the property to a party 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 spouse's data must also be provided, together with a copy of the relevant identity document (document not binding for enabling purposes but required in the event of award)
- IF A COMPANY or ENTITY:
- Updated chamber of commerce report or C.C.I.A.A. certificate
- Copy of a valid identity document of the party who signed the offer on behalf of the company and, if it is a party other than the legal representative, copy of the deed from which the relevant powers result
- Copy of the tax code of the party 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 notaio, in caso di partecipazione tramite rappresentante
Where provided for by specific conditions, further documents will be required, which will integrate the aforementioned ones.
5. Irrevocable purchase offer 5.1 Procedure for finalizing offers at the auction base price
The combined effect of the credit 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 on the part of the user.
Such offer will be formalized on the platform directly by the Agent by means of an online bid, on behalf of the first user who has completed the finalization procedure described above.
Where there are multiple participants who have formalized their irrevocable purchase offer, according to the procedures 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, by any means, whether or not they are the best bidders at the time of formalization of the aforementioned irrevocable purchase offer.
5.2 Submission of offers to increase the base price. Formulation 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 winning bidder) must have placed the highest offer at the end of the online auction.
Clearly, if there are multiple participants who place higher bids on the offer at the auction base price, even the user recognized as the "first bidder" may compete for the award of the lots by placing higher bids on the current price.
In order to win the lot(s) on 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 By "static offer" we mean a bid at the price published online, plus a predetermined minimum increment.
5.2.2 Maximum offer (Proxy Bid):
By "proxy bid" we mean a maximum amount offer. 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 predetermined higher bids, until 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 within the time period of the auction.
5.3.1 Extra time If a winning offer is made in the 5 minutes preceding the close of the auction, the time available to make another offer will be extended by an additional 5 minutes from the last bid received. And so on, for each winning offer received within the 5 minutes of extra time, until the conclusion of the available time.
In the case of extra time, 5 minutes must pass without any additional offer being registered from the last bid received before the auction can be definitively concluded.
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 investigation phase, the best bidders will be sent a confirmation of provisional award pursuant to Art. 107 of the Bankruptcy Law, against which they will be required to make payments by the deadline established in the specific conditions of sale.
The provisional award will be attributed to the bidder who has submitted the highest offer for each lot, or, in the absence of further higher bids, to the bidder who has been 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 established in the specific conditions, under penalty of forfeiture and definitive loss of the security deposit.
The deed of sale will be stipulated by notarial deed according to the methods established by the Principal (described in point 11, Transfer of ownership)
The offers submitted are binding and constitute a formal purchase commitment. If the winning bidder does not pay the consideration within the terms established in the specific conditions of sale, or if the award should lapse, the sale will be automatically terminated and the security deposit will be retained, according to the methods established in the "Security deposit" section. In such case, the award will be attributed, successively, in favor of the next best bidder, who has completed the procedure described in point 5.1 or placed a higher bid, on the basis of what is illustrated in point 5.2.
5.5 Other provisions Where provided by law, the Principal, as responsible for the sale procedure, may avail itself of the power provided 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 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 Bankruptcy Law, the Principal undertakes to give notice by notification to each of the mortgage creditors or otherwise creditors with a privilege 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, by depositing the relevant documentation in the Court Registry.
The Principal declares that any registrations relating to rights of pre-emption, transcriptions of foreclosures and conservatory seizures and any other constraint burdening the real estate put up for sale will be cancelled pursuant to Art. 108 of the Bankruptcy Law once the sale is executed and the price is fully collected. Unless otherwise provided in the specific conditions of sale, any formality for cancellation will be carried out at the expense of the winning bidder.
7. Buyer's Premium
The fee due to the Agent will be exclusively borne by the purchaser and indicated with the wording Buyer's Premium. It will be calculated on the award amount of the asset, according to the methods indicated in the specific conditions of sale.
8. Charges The purchaser shall bear notarial charges, legal taxes and all expenses relating to the sale, fiscal and otherwise. Communication regarding the exact amount of the charges and their correct specification must be made by the Principal as soon as possible.
The Principal must provide in this regard, taking into account the tax regime of the transaction and any benefits that the purchaser intends to use. The Principal will 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 will lastly ask the winning bidder whether it intends to use the first-home benefit or another tax benefit and inform the Principal accordingly, so that the latter can calculate the exact amount that the purchaser will be required to pay in terms of taxes.
The winning bidder must pay the costs within 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 must pay the amount set out above by bank transfer or, where provided for in the specific conditions, by credit card through the platform. Payments must be made as set out in the specific conditions of sale.
The deposit must be credited before the auction deadline.
For payment by bank transfer, it is recommended to make a BIR-type transfer (significant amount transfer)
If auction participants do not win any asset, the deposit will be refunded within 20 working days from the award, without interest.
In the event of awarding one or more lots, the security deposit will be refunded after the purchaser 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 a case, the security deposit may be retained both to cover any charges attributable to the Procedure, at the Principal's discretion, and to cover other services provided by the Agent.
In the event of payment of the security deposit by credit card, the deposit will be collected into the Agent's current account, which will refund the amount so retained in the manner described above.
If the purchaser wins at least one lot at auction, the Agent, in agreement with the Principal, may deduct the deposit from the total amount owed by the purchaser.
If, in the event of an award, after paying the deposit, the bidder does not complete the purchase within the terms set out in the specific conditions of sale, whether as the award price, Buyer's Premium and any additional charges, the sale will be automatically terminated and the deposit will be retained as liquidated damages.
10. Payments The provisional winning bidder of one or more lots must comply with the specific auction conditions, which will specify the terms for payment of both the awarded lots and the Buyer's Premium due as well as additional charges, and the relevant compensation clauses in case of failure to comply 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 the user's receipt of the provisional award confirmation.
If payment of the amounts due is not completed within the established terms, in agreement with the Principal, the sale will be automatically terminated and the security deposit will be retained as liquidated damages, with consequent forfeiture of the award.
11. Transfer of ownership Ownership transfer will take place only after full payment of the award price and costs, as provided in the specific conditions of sale, by notarial deed according to the procedures established by the Principal, unless otherwise indicated in the specific conditions of sale.
In the case of judicial sales, the Principal will lastly be responsible for notifying the Delegated Judge so that the latter in turn proceeds with the cancellation of prejudicial registrations on the properties subject to transfer pursuant to art. 108 of the Bankruptcy Law, as indicated in art. 6.
After the terms for payments provided in the specific conditions of sale have elapsed, in the event of failure to complete the transfer of ownership, the sale will be automatically terminated and the amount paid by the winning bidder as Buyer's Premium will be retained by the Agent as liquidated damages. The amount paid by the winning bidder as 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 failure or partial correspondence of the descriptions of the lots present in the auction or in the announcements 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 possible objective and subjective issues arising from the use of an online auction or online announcement carried out via the internet, for which GOBID INTERNATIONAL AUCTION GROUP S.r.l. cannot be held liable.
GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall not be 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 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 after 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 Italian Code of Civil Procedure and the Bankruptcy Law.
The sale of real estate is deemed forced (Art. 2919 Italian Civil Code). It is ordered for the goods seen and liked in the factual and legal state in which they are found. In a forced sale, the warranty for defects of the thing does not apply. It cannot be challenged on grounds of damage. (Art. 2922 Italian Civil Code).
Any liability on the part of the Agent regarding the existence of third-party rights over the goods subject to sale is excluded (Art. 2920 Italian Civil Code).
The sale of real estate takes place in the factual and legal state in which the same 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 non-compliance with current regulations of the lots for sale, reference is made to the attached appraisal.
The lots are sold seen and liked in the state in which they are found.
Viewing the lots at auction is strongly recommended. GOBID INTERNATIONAL AUCTION GROUP S.r.l. or the Principal decline any liability for any errors, omissions and inaccuracies in the photos, descriptions and any other detail indicated in the auction or in the announcements; 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
By accepting these conditions, the purchaser indemnifies GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal from any warranty or claim of third parties.
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 indicated in the specific conditions and on the platform refer to the time zone indicated in the server time published on the site