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. Award 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, Esperanto Street no. 4, 29007, CIF: B72551898, authorized with a sales mandate for real estate and movable property
·
Gobid.es: Trade name 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 page
www.gobid.es·
Lot: Asset or set of assets subject to auction.
·
Registered user: User registered on
www.gobid.es·
Registration for the auction: Prior authorization required so that the registered user may participate in the auction.
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Bidder Number: Identification of the
registered user. ·
General Conditions: These Terms and Conditions, which generally govern all auctions.
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Specific Conditions: Specific Terms and Conditions of each auction.
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Deposit: Amount required prior to participation in the auction, when expressly required.
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Base price: Starting price of individual lots.
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Reserve price: Minimum price below which the lot cannot be sold
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Current price: Current price of the lot
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Simple bid: amount entered by the user to increase the current price of the lot.
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Maximum bid: (proxy bid)maximum amount that the user is willing to pay for the lot.
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Minimum increment: bids must be made in increments by means of a pre-established amount.
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EXTRA-TIME: Time available from the auction deadline for the submission of new bids.
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Award: Declaration by
GOBID ESPAÑA SL that a lot is sold to the highest bidder.
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Sale price: Amount of the
award of the
lot at the time the auction is deemed concluded.
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Buyer’s Premium: Percentage amount calculated on the sale price declared in the
award of the auction.
2. Applicability.These conditions apply generally to any use of the page
www.gobid.es and in particular to the publication and conduct of the Auction, as well as to the terms and conditions of users who participate in them.
2.1. Specific conditions.The specific conditions of each auction shall take precedence in application over these general conditions.
3. Publication of Auctions.The Auctions shall be published on the website
www.gobid.es indicating the conduct dates and the catalogue of lots.
4. Conduct of Auctions. Each Auction shall be published on the website
www.gobid.es according to the terms and conditions indicated in the General and Specific Conditions. GOBID ESPAÑA SL reserves the right to cancel, extend or interrupt the Auction at its own discretion.
The registered user expressly consents to and accepts all objective and subjective problems and conflicts that may arise from the use of an online Auction, and declares GOBID ESPAÑA SL exempt from all liability for any loss or damage caused as a result thereof.
Any liability of GOBID ESPAÑA SL for damages or losses 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 in no way be liable for the user's own actions that cause damage, malfunction, incorrect display and/or improper use of the website
www.gobid.es, whether prior, simultaneous or subsequent to the auction process.
In all matters not provided for in the general conditions, the provisions contained in the terms of use of the website
www.gobid.es shall apply.
5. Participation in Auctions.The user registered on the page
www.gobid.es shall 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 shall not be authorized to participate without prior authorization from GOBID ESPAÑA SL. Authorization shall be granted by GOBID ESPAÑA SL only once the deposit has been received. The methods of payment of the deposit shall be indicated in the Specific Conditions of the Auction.
Users who have participated in the procedure but have not been awarded any asset shall receive their deposit within 20 business days following the conclusion of the Auction and without interest.
Users who participate in the auction and are awarded one or more than one lot shall receive their deposit once they have removed the acquired assets, settled any costs for complementary services and completed the acquisition of the assets acquired at auction through the processing of the bureaucratic practices 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 be generated as complementary services, as well as from other costs at the discretion of the Principal.
If the purchaser has paid the deposit by debit/credit card, GOBID ESPAÑA SL shall proceed with the refund by bank transfer once the removal of the assets has been carried out and the acquisition has been completed as set out in the previous paragraph.
The deposit shall 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 shall be collected within each lot record present on
www.gobid.es.
Bids shall always be binding to the Verification of the indicated prices and of the increment conditions.
GOBID ESPAÑA SL reserves the possibility of canceling any bid in the event that inconsistencies are found between the General Conditions and the Specific Conditions thereof.
Bids may be of two types, static or dynamic (proxy bid):
The simple static bid is considered a fixed-price bid.
The maximum dynamic bid (proxy bid) is considered a dynamic-price bid per lot, not visible to other users.
When a registered user places a static bid, it may be outbid by a bid from other users. In this case, the user will be required to enter another static bid in order to be awarded the lot.
If the registered user enters a maximum bid (proxy bid), it will be held valid until it is outbid by a bid from other users that is higher than the established maximum bid. The increments will be automatic and will be based on the indicated minimum values, with a view to exceeding the other bids submitted until reaching the maximum amount entered.
Bids will be accepted until the end date and time indicated for the specific Auction. If bids are registered in the last 5 minutes, the deadline for placing bids will be extended by a period established in the Specific Conditions of each Auction.
6.1 Auction with no minimum price In the case of auctions with no minimum price, the user may offer the amount equal to the indicated amount or increase it by the recommended minimum increment through the corresponding sliders, or may enter the amount they wish to offer.
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 best bidder and participate in the award of the lot.
7. Award of lots.At the end of each auction, the provisional award phase of the lots will begin. This phase will last a maximum of 48 business hours, unless otherwise established in the Specific Conditions. In 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 award of the lots before the end of the auction at its unquestionable discretion.
The award is subject to receipt of the deposit (if provided).
If the provisional awardee fails to comply with the obligations expressed in the established terms, the award will be made in favor of the bidder who has made the next best bid, and so on.
Bids placed are binding and constitute a formal commitment to acquire.
8. Payment.The registered user awarded one or more lots is obliged to respect the Specific Conditions of the Auction, where the terms of payment, collection and indemnity clauses in case of breach thereof will be specified. If payment of the amounts due is not completed within the established terms, the sale will be automatically understood as concluded. The user will lose the deposit (if provided), which will be retained as indemnity with consequent forfeiture of the award, in agreement with the Principal. The existence of any damages detected after collection of the awarded lots will be entirely borne by the buyer.
9. GuaranteesAny liability of GOBID ESPAÑA SL regarding the existence of total or partial error in the descriptions of the lots present for sale is excluded. For each Auction, its own Specific Conditions will be published, detailing the specific information of the same and its lots. Furthermore, in all matters not provided for in the general conditions, the provisions contained in the terms of use of the website
www.gobid.es will apply.
In all matters not expressly provided for in the general and specific conditions, the provisions set forth in the procedure and in matters not regulated by it will apply, as established in the Insolvency Law and the Civil Procedure Law, which will only apply supplementarily.
The lots will be sold in the state in which they are found.
Visiting the lots for sale is expressly recommended, in order to verify their actual state and conditions. GOBID ESPAÑA SL and the bodies of the process are released from liability for any errors, omissions and inaccuracies in the photos, descriptions, and other details expressed in the catalog 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 to the auctioned goods.
GOBID ESPAÑA SL and the bodies of the procedure do not recognize any type of post-sale guarantee in favor of purchasers, expressly denying any right of this nature.
The purchaser, by accepting these conditions, exempts 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 willful misconduct or gross negligence on their part.
GOBID ESPAÑA SL is in no way liable for the user's own actions that cause damages, malfunction, incorrect display and/or improper use of the website www.gobid.es
Any liability of GOBID ESPAÑA SL for malfunction of the system that may harm or delay the delivery of communications to the registering 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 server or network malfunction, or at its own judgment for different reasons.
The registrations present in the log file generated by the system constitute full and exclusive evidence between all parties of this procedure, in relation to the content and time of the documents/messages exchanged by email. The subjects who register declare and acknowledge that the system registrations constitute full evidence of the relations between the parties. Such registrations are confidential and will not be disclosed to third parties, except in cases expressly provided for or under order of the Judicial Authority.
In all matters not provided for in the general conditions, the provisions contained in the terms of use of the website www.gobid.es will apply.
In the event of misunderstandings arising from the interpretation of the provisions contained in the general and specific conditions expressed on the platform translated into other languages, the Spanish version of the text shall be authoritative as to their intention.