GENERAL TERMS AND CONDITIONSThis constitutes a collection of irrevocable purchase offers concerning the lots published on the platform
www.gobidreal.it.
It is specified that the irrevocable purchase offers, subject of this collection, do not entail for the PRINCIPAL any obligation or commitment to sell nor any charge for any brokerage or consultancy (outside the assignment conferred on the AGENT), nor do they constitute invitations to offer, nor offers to the public
ex art. 1336 of the Italian Civil Code, nor solicitations of public savings
ex art. 94 et seq. of Legislative Decree 58/1998.
For the participation rules and all information concerning the above-mentioned 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. 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 - Tax Code 09441470961, authorized to sell by auction 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 conferred by the Principal.
Principal: Responsible for the Procedure
Agent:GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Procedure:insolvency procedure declared by the Court or sale assignment conferred by private parties
Auction: Competitive online sale of real estate published on
www.gobidreal.itAnnouncement: Publication of a notice concerning the sale or collection of offers/expressions of interest on real estate published on
www.gobidreal.itLot: Asset or set of assets present, subject to Auction or Announcement
Registered user: User registered on www.gobidreal.it
Registration for the auction: 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 Bid Increment: Pre-set amount added to the current price required 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 best 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 to the lots
These conditions are applicable subject to any different indications provided by 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 requested payments, before and after the sale, must be made by the registered subjects. Any powers of attorney or delegations may be considered subject to prior authorization by 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, 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 transfer made to the address
[email protected] The security deposit must necessarily be credited before the auction deadline, subject to different indications in the specific sale conditions.
In addition to crediting 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 subject to whom the property will be registered (it will not be possible to register the property to a subject 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 the legal community of property regime, the corresponding data of the spouse must also be indicated, with submission of the relevant copy of the identity document (document not binding for enablement purposes but required in case of award)
- IF COMPANIES or ENTITIES:
- Updated company 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 it is a person other than the legal representative, copy of the document from which the relevant powers result
- Copy of the tax code of the person who signed the offer
- Any duly legalized translation of the company 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 required and will supplement those mentioned above.
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 user's sending 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 for each sale attempt and will itself constitute a binding purchase commitment on the part of the user.
Such offer will be formalized on the platform directly by the Mandatary by means of 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:
- has completed the aforementioned procedure.
The Mandatary 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 amount 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 offer at the end of the online auction.
Clearly, if there are several participants who place higher bids on the auction base price offer, even the user recognized as "first bidder" may compete for the award of the lots by placing higher bids on the current price.
In order 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 By "static offer" is meant a bid at the price published online, plus a predetermined minimum higher bid.
5.2.2 Maximum offer (Proxy Bid):
By "proxy bid" is meant 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 placed by the user is exceeded by a higher amount offer, that same user will be the best bidder and therefore provisional successful bidder.
The current price will automatically adjust based on the amount of the predetermined higher bids, until the value set as the "maximum offer" is reached.
The value of the maximum offer (proxy bid) placed 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 deemed valid only if submitted during the auction period.
5.3.1 Extra time If a winning offer is placed in the 5 minutes preceding the close of the auction, the time available to place another offer will be extended by a further 5 minutes from the last bid received. This will continue indefinitely, for each winning offer received within the 5 minutes of extra time, until the time available ends.
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 investigative 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 set in the specific conditions of sale.
The provisional award will be assigned to the bidder who has submitted the highest offer for each lot, or, in the absence of 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 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)
Offers submitted are binding and constitute a formal purchase commitment. If the successful 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 that case, the award will be assigned in succession, 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 for by law, the Principal, as person responsible for the sale procedure, may exercise the power 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 offered price
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 notification to each of the mortgage creditors or those otherwise holding privileges 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 rights of preemption, transcriptions of foreclosures and conservatory seizures and any other restriction burdening the real estate included in the sale will be cancelled pursuant to Art. 108 of the Bankruptcy Law once the sale has been completed and the price fully collected. Unless otherwise provided in the specific conditions of sale, any formality for the cancellation shall be carried out at the expense of the successful bidder.
7. Buyer's Premium
The remuneration due to the Agent shall be borne exclusively by the buyer and indicated with the wording 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 Notary charges, statutory taxes and all expenses relating to the sale, whether fiscal or not, shall be borne by the buyer. Communication regarding the exact amount of the charges and their correct specification shall be made by the Principal as soon as possible.
The Principal shall take action 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 will 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 must pay the above-established amount by bank transfer or, where provided for in the specific conditions, by credit card through the platform. Payments must be made as established in the specific conditions of sale.
The deposit must mandatorily be credited before the auction deadline.
For payment by bank transfer, it is recommended to make a BIR-type transfer (large-amount transfer)
If the auction participants do not win any asset, the deposit will be returned within 20 working days of the award, without interest.
In the event of award of one or more lots, the security deposit will 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 this 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 will be collected in the Agent's current account, which will return the amount so retained according to the methods described above.
If the buyer is awarded at least one lot at auction, the Agent may, in agreement with the Principal, 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 a compensatory penalty.
10. Payments The provisional successful bidder of one or more lots is required to 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 the event 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.
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 a compensatory penalty, with consequent forfeiture of the award.
11. Transfer of ownership 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 the encumbrances on the properties subject to transfer pursuant to Art. 108 of the Bankruptcy Law, as indicated in Art. 6.
After the deadlines for payments provided in the specific conditions of sale have expired, 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 a compensatory penalty. The amount paid by the successful bidder as a security deposit shall, however, be retained according to the rules provided 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 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 problems, both objective and subjective, 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 responsible.
GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall not be liable for direct and/or indirect damage or liability except in the case of willful misconduct or gross negligence on its part. Absolutely GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall not be liable for: direct actions of the user that may cause damage or malfunction to the system, unavailability of display and/or use of www.gobidreal.it, unlawful use of www.gobidreal.it, any event following the conclusion of the auction.
For anything 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 of the Italian Civil Code). It is arranged for the assets seen and liked in the factual and legal state in which they are located. In a forced sale, the warranty for defects of the thing does not apply. It cannot be challenged on grounds of damage. (Art. 2922 of the Italian Civil Code).
Any liability on the part of the Agent regarding the existence of third-party rights over the assets subject to the sale is excluded (Art. 2920 of the Italian Civil Code).
The sale of real estate takes place in the factual and legal state in which they are located, with all any appurtenances, accretions, claims and actions, active and passive easements. The sale is a 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 conformity 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 located.
Viewing 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 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 buyer indemnifies GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal from any warranty or claim by third parties.
In the event that any disputes arise 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 stated in the specific conditions and on the platform refer to the time zone indicated in the server time published on the site