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. Warranties
1. Definitions·
GOBID ESPAÑA SL: Operator of the online auction website
http://www.gobid.es, with registered office in Málaga, Calle Esperanto no. 4, 29007, Tax ID (CIF): B72551898, authorized under 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 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 for the registered user to be able to participate in the auction.
·
Bidder Number: Identification of the
registered user. ·
General Conditions: These Terms and Conditions, which generally govern all auctions.
·
Specific Conditions: Terms and Conditions specific to each auction.
·
Deposit: Amount required prior to participation 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 using a pre-established amount.
·
EXTRA-TIME: Time available after the Auction deadline for the submission of new bids.
·
Award: Statement by
GOBID ESPAÑA SL that a lot is sold to the highest bidder.
·
Sale price: Amount of
award of the
lot at the moment the auction is declared concluded.
·
Buyer’s Premium: Percentage amount calculated on the sale price stated in the auction
award.
·
Days: when it is not specified whether they are calendar days or business days, they shall be understood as calendar days.
2. Applicability.These conditions apply in general to any use of the website
www.gobid.es and in particular to the publication and conduct of the Auction, as well as to the terms and conditions of the users participating therein.
2.1. Specific conditions.The specific conditions of each auction shall take precedence over these general conditions.
3. Publication of Auctions.Auctions will be published on the website
www.gobid.es indicating the dates of execution and the catalog of lots.
4. Conduct of Auctions. Each Auction will be published on the website
www.gobid.es according 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 problems and conflicts, both objective and subjective, 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 damages or losses caused to the registered user directly and/or indirectly is excluded, limiting such liability only to cases of willful misconduct or gross negligence.
GOBID ESPAÑA SL shall not be liable in any way for the user’s own actions 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.es shall apply.
5. Participation in Auctions.The user registered on the website
www.gobid.es shall be required to register for each Auction, 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 deposit payment methods 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 expenses for complementary services and completed the acquisition of the goods purchased at auction by processing 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 expenses that may be generated as complementary services, as well as from other expenses at the Principal’s discretion.
If the purchaser 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 has been completed as stated in the previous paragraph.
The deposit will be retained in the event of non-compliance with the general payment terms 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 subject to verification of the indicated prices and the increment conditions.
GOBID ESPAÑA SL reserves the right to void any bid in the event that inconsistencies are found between the General Conditions and the Specific Conditions thereof.
Bids can 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 can be outbid by a bid 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 a bid from other users that is 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. If bids are recorded in the last 5 minutes, the time limit for placing bids will be extended by a period established in the Specific Conditions of each Auction.
6.1 Auction with no reserve priceIn the case of auctions with no reserve price, the user may offer the amount equal to the indicated figure or increase it by the recommended minimum step via the corresponding sliders, or may type in the amount they wish to offer.
Bids placed will be considered irrevocable.
When a user places 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. In this phase, if the bid is confirmed, 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 applicable).
In the event that the provisional awardee fails to comply with the obligations stated within the established terms, the award may be made in favor of the bidder who made the next best offer, and so on, as established in the specific conditions of the auction.
Bids made are binding and constitute a formal commitment to purchase.
8. Payment.The registered user awarded one or more lots is required to comply with the Specific Conditions of the Auction, where the terms of payment, collection, and indemnity 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 concluded. The user will lose the deposit (if applicable), which will be retained as compensation with consequent forfeiture of the award, in agreement with the Principal. The existence of any damages detected after the collection of the awarded lots will be entirely borne by the buyer.
9. WarrantiesAny 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 Conditions will be published, detailing the specific information regarding it and its lots. Furthermore, for anything not provided for in the general conditions, the provisions contained in the terms of use of the website
www.gobid.es will apply.
For anything not expressly provided for in the general and specific conditions, the provisions set out in the procedure will apply and, for what is not regulated by it, those established in the Insolvency Law and the Civil Procedure Law, which will only apply 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 state and conditions. GOBID ESPAÑA SL and the bodies of the procedure are released from any liability for any errors, omissions, and inaccuracies in the photos, descriptions, and other details stated in the catalog of the lots for sale. For this reason, GOBID ESPAÑA SL will make various means available to interested parties so that they can carry out these visits to the assets at auction.
GOBID ESPAÑA SL and the bodies of the procedure do not recognize any type of warranty after the sale 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 assets being sold.
GOBID ESPAÑA SL is not liable for damages or losses caused directly and/or indirectly, limiting such liability solely to cases where there is willful misconduct or gross negligence on its part.
GOBID ESPAÑA SL is in no way responsible for the user's own actions that cause damage, 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 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 the parties to this procedure, in relation to the content and time of the documents/messages exchanged via email. The registering parties declare and acknowledge that the system records constitute full evidence of the relationships between the parties. Such records are confidential 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 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 deemed to reflect their intent.