GENERAL TERMS AND CONDITIONS
Index of contents:
1. Definitions
• GOBID INTERNATIONAL AUCTION GROUP SRL: owner and manager of the online auction site, http://www.gobid.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT - Tax Code 09441470961, hereinafter also "Gobid Group"
• Seller: owner of the Good placed for sale
• 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, also defined as the "Site" or the "Platform"
• Auction: online sale procedure of Goods, through the platform www.gobid.it
• Lot: Good or set of Goods available for sale present in the Auction
• User: User registered on www.gobid.it, also referred to as Bidder
• 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, available within the Auction page
• Security deposit/bid bond: amount to be paid in order to participate in the Auction, where required.
• Base Price: starting price of individual Lots
• Reserve price: minimum price the reaching of which authorizes the sale of the Lot, unless otherwise indicated in the conditions applied to this Auction
• 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: predetermined amount to be added to the Current price in order to place the bid
• Extra-Time: extension time of the Auction duration for submitting further bids
• Sale price: Award amount of the Lot at the moment the Auction is deemed concluded
• Award: declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a Lot is sold to the best Bidder
• Winning Bidder: subject in favor of whom the Lot is awarded, as the best Bidder
• Buyer's Premium: Auction fees due to GOBID INTERNATIONAL AUCTION GROUP S.R.L., charged to the Winning Bidder, calculated as a percentage amount on the taxable base of the sale price declared in the Award
1. Applicability
These Conditions govern the terms and Conditions for the conduct of the Auction and apply together with the "Conditions of use" of the website www.gobid.it, accepted during registration to the website itself, and with the Specific Conditions published in the Auction page of interest.
These Conditions apply unless otherwise provided in the Specific Conditions.
It is the responsibility of each participant to carefully review the terms and conditions applied to this sale. By participating in the Auction, the User declares to have read, understood and accepted the General and Specific Conditions of sale applied, without reservation.
For any information regarding the use of the site and the methods of processing the personal data provided, please refer to the "Conditions of Use" and the "Privacy Policy", published on the website www.gobid.it.
2. Main Conditions of sale
Gobid Group, through the platform www.gobid.it, puts Buyers and Sellers interested in concluding the sale in contact; for this reason Gobid Group does not hold ownership nor possess the Goods placed in Auction, which are owned by the Seller. Gobid Group therefore is not liable for any defects, flaws or lack of quality, total or partial, of the Goods placed for sale.
All Goods are sold in the condition in which they are at the time of sale ("as seen and liked"), without guarantees as to their characteristics or their state of preservation.
Every User is therefore invited to carefully inspect the Goods to verify their conditions before making their bid.
By completing the bid submission process, as indicated below, the User makes a binding offer; it will therefore not be possible to modify or revoke the submitted bid. For this reason, every User is invited to always verify their bid before confirming it.
3. Conduct of the Auction
The Auction will take place on the platform www.gobid.it, according to the terms and conditions indicated in the General and Specific Conditions of Sale applied to this sale.
The Auction will take place for the time indicated in the auction page; within the identified timeframe, each interested party may register for the Auction and submit their bid.
For each Lot the following are indicated:
• Base Price, intended as the starting price.
• Minimum Increment, intended as the predetermined minimum amount to be added to the current price.
• Reserve Price, intended as the minimum price the reaching of which allows the award of the Good in favor of the best Bidder at the end of the Auction, unless otherwise indicated in the Specific Conditions. If the Reserve Price is not reached, the bid will be submitted to the unquestionable evaluation of the Seller, who may freely accept or reject it.
3.1. Viewing
Each interested party may examine, by electronic means, the Goods offered for sale and also directly view them upon booking visits to be requested at the following contacts: [email protected] – tel. +39. 02/86882269 or by request to be made through the specific section present in the Auction page, "Request Viewing".
Where necessary, for viewing purposes, interested parties will be required to provide any requested documentation.
Please note that for viewing the Goods, Saturdays, Sundays and holidays will in any case be excluded.
Viewing of the Goods will be carried out under the exclusive responsibility of the interested party; Gobid Group and the Seller assume no responsibility for any damage to persons and/or property caused during viewing. It is therefore the responsibility of each interested party to carry out the viewing with due precautions according to the nature of the Good subject to Auction.
The sale of the Goods is arranged by applying the "as seen and liked" clause and, therefore, the Goods are sold without guarantees, in the state of fact in which they are. It is the responsibility of each interested party to carefully view the Goods before submitting the bid; viewing of the Goods is therefore strongly recommended.
3.2. Participation in the Auction
To participate in the Auction and submit a bid, the User is required to:
- register on the website www.gobid.it, in accordance with the Conditions of use of the website itself, or access their reserved area "MyGoBid", if already registered;
- register for the individual Auction of interest, by clicking on the button "Register for the Auction" present in the Auction page or in the individual Lot of interest. At the time of registration for the Auction the User will be asked to expressly accept the General and Specific Conditions of sale applied to this sale;
- pay the security deposit, as specified in the Specific Conditions of Sale and reported in the relevant Auction/Lot page.
- where indicated in the Specific Conditions of Sale, for the purposes of enabling participation in the Auction, the User will be required to provide the documentation indicated therein.
Once the above steps are completed, Gobid Group will enable the User, who from that moment may submit their bid for the Lot of interest, in accordance with the applicable Conditions of Sale.
Attention, enabling for the Auction will be permitted only upon receipt of the required security deposit; therefore, it is recommended to proceed with the operation well in advance of the Auction end date.
The data entered by the User during site registration will be the same as those to which any award will be attributed.
All required payments must be made by the parties registered for the individual auctions.
3.3. Security Deposit
Participation in the Auction is conditional upon receipt of the Security Deposit, as specified in the Specific Conditions of Sale and stated in the Auction registration process.
If the Auction participants do not win any Asset, the deposit will be refunded within 20 business days from the final Auction deadline, without interest.
In the event of award of one or more lots, the security deposit will be refunded after the buyer has arranged for collection of the Assets purchased at Auction, settled any payments for additional services, or completed the purchase of the awarded Assets, with completion of the bureaucratic procedures required for the sale.
In the event of payment of the security deposit by credit card and award of one or more lots by the User, the deposit will be collected into the bank account of GOBID INTERNATIONAL AUCTION GROUP SRL, which will refund the amount so retained only after the User has arranged for collection or completed the purchase of the awarded Assets, with completion of the bureaucratic procedures required for the sale.
The security deposit, without prejudice to the right to compensation for greater damage, will be retained as a penalty in the event of failure to comply with the General terms of payment and collection of the awarded lots, for reasons attributable to the Successful Bidder.
3.4. Types of bids
The User may choose to submit their bid as a "static bid" or as a "dynamic bid" (proxy bid), as indicated below:
- The static bid is considered a fixed-price bid, equal to the amount entered by the User in accordance with the Conditions applicable to this auction.
- The maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the Lot, not visible to other users.
When the registered User enters a static bid, it may be outbid by a bid from other users. The User, at this point, will be required to enter another static bid to win the Lot.
If the registered User enters a maximum bid (proxy bid), it will be deemed valid until outbid by a bid from other users higher than the maximum bid. The raises will be automatic based on the minimum values indicated, aimed at exceeding the other bids submitted until the entered amount is reached.
Bids will be deemed valid only if submitted within the Auction duration. In the case of bids received in the 5 minutes preceding the Auction end, the useful time to place other bids will be extended by the time value indicated in the Specific Auction Conditions.
3.5. 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 business hours, unless otherwise provided in the Specific Conditions.
At the end of the evaluation phase, communication of the award will be given to the best Bidder.
If the Successful Bidder does not pay the sale price within the established terms, the award will be deemed lapsed and the sale terminated.
Bids placed are binding and constitute a formal commitment to purchase.
If the award to the best Bidder lapses, it may be assigned, successively, to the next best Bidder.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to suspend the Auction or the award of lots even before the Auction end, at its sole discretion.
4. Payment and collection
Following the above communication, the Successful Bidder will be required to make payment of the amount due and, therefore, to pay the award price, the Buyer’s Premium, the Accessory Management Charges, where provided, and any other charge indicated in the Specific Conditions of Sale, all plus VAT at 22%, if due.
The User awarded one or more lots is required to comply with the Conditions and terms of payment and collection indicated in the Specific Auction Conditions.
If payment of the amounts due is not completed within the established terms, the sale will be automatically terminated and the security deposit will be retained as a compensatory penalty, with consequent lapse of the award.
4.1. Sale commissions
Buyer’s Premium
The Auction commissions owed to GOBID INTERNATIONAL AUCTION GROUP S.R.L., defined as Buyer’s Premium, are charged to the Successful Bidder, to be calculated on the taxable amount of the sale price declared in the Award, according to the percentage rate reported in the Specific Conditions of Sale, plus VAT, for a minimum amount of at least € 25.00 per lot (minimum commissions).
Additional Management Charges
These are additional costs charged entirely to the Successful Bidder, intended to cover the services and activities, performed and to be performed, necessary for the preparation, organization and management of the sale of the Goods in Auction and the subsequent award phase. These expenses must be paid at the same time as the payment of the Buyer's Premium due as per the provisional award confirmation that will be issued after the end of the Auction. Where due, such charges will be indicated in the Auction/individual Lot sheet.
4.2. Collection of awarded lots
Collection of the awarded lots will be permitted only following the actual receipt of all amounts due as the award price and the commissions provided for (Buyer's Premium, additional management charges and other charges, where specified in the Specific Conditions).
Once the due payments have been made, the Successful Bidder may proceed with the collection of the awarded Goods according to an agreed schedule. In any case, collection operations must be completed no later than the deadlines indicated in the Specific Conditions of Sale.
Collection operations must be carried out by the Successful Bidder at their own care and expense. The Successful Bidder is required to leave the places involved in the collection free of any things and/or waste materials produced during the collection and in safe conditions. It is the exclusive responsibility of the Successful Bidder to ensure that they operate in compliance with the safety rules established by law, under their own responsibility, and they must make arrangements accordingly, also with reference to any third parties and/or collaborators employed in the aforementioned operations. It is the responsibility of the Successful Bidder to dispose of the waste material produced during the collection, in accordance with applicable legal provisions.
Any damage found following the collection of the awarded lots will be entirely at the Buyer's expense.
It is the exclusive responsibility of the Successful Bidder to verify the existence of specific rules or restrictions for the import of the Goods subject to Auction into the country of interest. Any charge, activity and expense resulting from the aforementioned verification or export is at the Successful Bidder's expense.
5. Final Provisions and Warranties
Each Good in Auction is sold on an "as seen and liked" basis, in the condition in which it is at the time of sale, without warranties.
Gobid Group, through the platform www.gobid.it, puts Buyers and Sellers interested in concluding the sale in contact; for this reason, Gobid Group does not hold ownership nor possess anything that is the subject of the Auction.
Gobid Group reports in the Auction all information provided by the Seller; for this reason, by submitting an offer, the User declares to be aware that Gobid Group is not responsible for any errors, omissions and inaccuracies in the photos, descriptions, quantities and any other detail indicated in the Auction. Likewise, Gobid Group does not provide warranties regarding the Goods offered for sale; therefore, no liability may be attributed to Gobid Group for any defect or lack of quality, total or partial, of the Goods offered for sale or for any third-party claim.
Before submitting an offer, viewing the lots is strongly recommended in order to verify the actual condition of the Goods offered for sale.
By participating in the Auction, each User declares to be aware that, in the event of award, any charge and expense for adapting the purchased Goods to applicable regulations, including those on workplace prevention and safety, environmental and ecological protection, are at the Successful Bidder's expense.
Gobid Group reserves the right, at its own unquestionable discretion, to cancel, extend or interrupt the Auction; no claim may be made as a result by registered Users.
GOBID INTERNATIONAL AUCTION GROUP SRL is not liable for direct and/or indirect damages or liabilities, except in cases of willful misconduct or gross negligence.
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 viewing and/or use of www.gobid.it, unlawful use of www.gobid.it, any event following the conclusion of the Auction.
GOBID INTERNATIONAL AUCTION GROUP SRL may not, under any circumstances, be held liable for any system malfunctions that may in any way impair or delay the delivery of communications to the person registering.
The recordings present in the log file generated by the system constitute full and exclusive evidence between all parties regarding the content and time of documents/messages exchanged electronically. The persons registering 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.
In the event of any disputes arising relating to the interpretation of the provisions contained in the General and Specific Conditions reported on the platform, possibly translated into other languages, the Italian version of the text shall prevail.
Where not specified, the times reported in the Specific Conditions and on the platform refer to the time zone indicated in the server time published on the site