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. Awarding 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, Tax ID: B72551898, authorized under 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 website www.gobid.es
·          Lot: Asset or set of assets offered for auction.
·          Registered user: User registered on www.gobid.es
·          Auction registration: Prior authorization required so that the registered user may participate in the auction.
·          Bidder Number: Identification of the registered user. 
·          General Conditions: These Terms and Conditions, which generally govern all auctions.
·          Specific Conditions: The specific Terms and Conditions of each auction.
·          Deposit: Amount required in advance to participate in the auction, when expressly required.
·          Base price: Starting price of individual lots.
·          Reserve price: Minimum price below which the lot cannot be sold
·          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 is willing to pay for the lot.
·          Minimum increment: increases must be made in steps by means of a pre-established amount.
·          EXTRA-TIME: Time available after the Auction deadline for submitting new bids.
·          Award: Statement by GOBID ESPAÑA SL that a lot is sold to the highest bidder.
·          Sale price: Amount of the award of the lot at the moment the auction is declared closed.
·          Buyer’s Premium: Percentage amount calculated on the sale price stated in the auction award .

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

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.esindicating the schedule dates and the catalogue of lots.
 
4. Conduct of Auctions. 
Each Auction will be published on the website www.gobid.esaccording to the terms and conditions set out in the General and Specific Conditions. GOBID ESPAÑA SL reserves the right to cancel, extend or interrupt the Auction at its sole discretion.
The registered user expressly consents to and accepts all objective and subjective issues and disputes that may arise from the use of an Auction carried out online, and declares that they release GOBID ESPAÑA SL from any liability for any loss or damage caused as a result thereof.
 
Any liability of GOBID ESPAÑA SL for damage or loss 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 not be liable in any way for actions by the user that cause damage, malfunction, incorrect display and/or improper use of the website www.gobid.es, whether prior to, simultaneous with, or subsequent to the auction process.
For anything not provided for in the general conditions, the provisions contained in the terms of use of the website www.gobid.esshall apply. 

5. Participation in Auctions.
The user registered on the website www.gobid.esshall 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 the following 20 business days counted from 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 purchased goods, settled any costs for ancillary services and completed the acquisition of the goods purchased at auction through the handling of the bureaucratic formalities provided for in the sale and always with prior authorization from the Principal. In these cases, the deposit may be deducted from costs that may arise as ancillary services, as well as from other costs at the Principal’s discretion.
 
If the buyer has paid the deposit by debit/credit card, GOBID ESPAÑA SL will proceed with the refund by bank transfer once the goods have been collected and the acquisition perfected as stated in the previous paragraph.
 
The deposit will be retained in the event of non-compliance with the general terms of payment for the awarded lots.

6. Submission of bids.
Bids aimed at acquiring the lots published on the platform may be made by registered users authorized to participate in the Auction and will be collected within each lot sheet available on www.gobid.es.
Bids will always be binding on the verification of the indicated prices and of the increment conditions.
 
GOBID ESPAÑA SL reserves the right to cancel any bid in the event that inconsistencies are found between the General Terms and the Specific Terms thereof.
 
Bids may be of two types, static or dynamic (proxy bid):
A simple static bid is considered a fixed-price bid.
A maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the lot, not visible to other users.
When a registered user places a static bid, it may be outbid by bids 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 another user with a bid higher than the set maximum bid. Increments will be automatic and will be based on the indicated minimum values, with a view to outbidding the other bids submitted up to the maximum amount entered.
Bids will be accepted until the end date and time indicated for the specific Auction. In the event that bids are recorded in the last 5 minutes, the time limit for placing bids will be extended for a period established in the Specific Terms of each Auction.
 
6.1 Auction without reserve price
 
In the case of auctions without a reserve price, the user may bid an amount equal to the indicated value or increase it by the recommended minimum step using the relevant sliders, or may type the amount they wish to bid.
 
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 in order to become the highest bidder and compete for the award of the lot.
 
7. Awarding of lots.
At the end of each auction, the provisional awarding phase of the lots will begin. This phase will have a maximum duration of 48 business hours, unless otherwise established in the Specific Terms. 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 awarding of the lots before the end of the auction at its unquestionable discretion.
 
The award is subject to receipt of the deposit (if provided for).
In the event that the provisional successful bidder fails to comply with the obligations stated within the established terms, the award will be made in favor of the bidder who made the next best offer, and so on.
The bids made are binding and constitute a formal commitment to purchase.
 
 
8. Payment.
The registered user who is awarded one or more lots is required to comply with the Specific Terms of the Auction, where the payment, collection and compensation clauses in case of non-compliance will be specified. If payment of the amounts due is not completed within the established terms, the sale will be deemed automatically terminated. The user will forfeit the deposit (if provided for), which will be retained as compensation with consequent loss of the award, in agreement with the Principal. Any damages identified after the collection of the awarded lots will be entirely borne by the buyer.
 

9. Warranties
Any liability of GOBID ESPAÑA SL relating to the existence of total or partial errors in the descriptions of the lots offered for sale is excluded. For each Auction, its own Specific Terms will be published, detailing the specific information about it and its lots. Moreover, for anything not provided for in the general terms, the provisions contained in the terms of use of the website www.gobid.es shall apply.

For anything not expressly provided for in the general and specific terms, the provisions set forth in the procedure and, for matters not regulated by it, those established in the Insolvency Law and in the Civil Procedure Law shall apply, which will only be applicable on a supplementary basis.
The lots will be sold in the condition in which they are found.

A visit to the lots for sale is expressly recommended in order to verify their actual condition and status. GOBID ESPAÑA SL and the bodies involved in the procedure are released from any liability for any errors, omissions and inaccuracies in the photos, descriptions and other details stated in the catalogue 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 goods being auctioned.
GOBID ESPAÑA SL and the bodies of the procedure do not recognize any type of post-sale warranty in favor of purchasers, expressly denying any right of this nature.
The purchaser, by accepting these conditions, releases GOBID ESPAÑA SL and the bodies of the procedure from any liability for warranty rights or third-party rights over the goods subject to sale.

GOBID ESPAÑA SL is not liable for damages or losses caused directly and/or indirectly, limiting such liability solely to cases in which there is intent or gross negligence on its part.
GOBID ESPAÑA SL is in no way responsible for actions by the user 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 impair or delay the delivery of communications to the registered 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 malfunction of the server or the network, or at its own discretion for different reasons.
The records contained in the log file generated by the system constitute full and exclusive evidence between all parties to this procedure, in relation to the content and the time of the documents/messages exchanged via email. Registered parties declare and acknowledge that the system records constitute full proof of the relationships between the parties. Such records are confidential in nature and will not be disclosed to third parties, except in cases expressly provided for or under order of the Judicial Authority.
For anything not provided for in the general terms, the provisions contained in the terms of use of the website www.gobid.es shall apply. 
 
In the event of misunderstandings arising from the interpretation of the provisions contained in the general and specific terms stated on the platform and translated into other languages, the Spanish version of the text shall prevail as evidence of the intent thereof.