GENERAL TERMS AND CONDITIONSThis is a collection of irrevocable purchase offers relating to the lots published on the platform
www.gobidreal.it.
Please note that the irrevocable purchase offers covered by this collection do not entail any obligation or commitment to sell on the part of the PRINCIPAL, nor any costs for any brokerage or consultancy services (other than the engagement assigned to the AGENT), and do not constitute invitations to make offers, offers to the public
pursuant to Art. 1336 of the Italian Civil Code, or solicitations of public savings
pursuant to Art. 94 et seq. of Legislative Decree No. 58/1998.
For the participation rules and all information concerning the above collection, please refer to the specific terms and 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 listings
· Art. 4. Participation and submission of offers
· Art. 5. Irrevocable purchase offer
· Art. 6. Obligations of the Principal
· Art. 7. Buyer’s Premium
· Art. 8. Costs
· 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 operator of the online auction website http://www.gobidreal.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT No. and Tax Code 09441470961, authorized to conduct auctions under License No. 13/2008 issued by the Milan Police Commissioner on 9/04/2008.
gobidreal.it: Registered trademark owned by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
www.gobidreal.it: The website operated by GOBID INTERNATIONAL AUCTION GROUP S.r.l. for the sale of real estate under an engagement assigned by the Principal.
Principal: The person responsible for the Proceedings
Agent:GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Proceedings:insolvency proceedings declared by a court or a sales mandate assigned by private individuals
Auction: Competitive online sale of real estate published on
www.gobidreal.itListing: Publication of a notice concerning the sale or collection of offers/expressions of interest in real estate published on
www.gobidreal.itLot: An asset or group of assets offered in an Auction or Listing
Registered User: A user registered on www.gobidreal.it
Auction Registration: Authorization requested by the registered user to participate in an individual
AuctionBidder Number: Identifier of the Registered User
General Terms and Conditions: These terms and conditions
Specific Terms and Conditions: Specific terms and conditions of the Auction
Deposit: Amount to be paid to participate in the Auction.
Starting Price: Starting price of the individual lots
Reserve Price: Minimum price, when reached, that authorizes the provisional award of the lot
Current Price: Current price of the Lot, resulting from the bid(s) placed by users
Static 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 Bid Increment: Predetermined amount added to the current price, required to submit a static bid.
Extra time : Extension of the time available to place bids in an auction (see Extra-time section)
Provisional Award: Notification sent to the highest bidder by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Award Price: Amount of the award for the lot, excluding any Buyer’s Premium due and any additional tax or other charges
Buyer's Premium: Fee payable to the agent, calculated on the taxable amount of the award price
2. Applicability: These terms and conditions apply to the use of the website www.gobidreal.it and, in particular, to the publication and conduct of auctions and listings, as well as to the terms and conditions governing user participation.
2.1. Specific Terms and Conditions For each auction or listing, where applicable, the Specific Terms and Conditions will be published, setting out all specific information relating to the auction or listing and the lots.
These terms and conditions apply unless otherwise specified in the Specific Terms and Conditions for each individual auction or listing
3. Publication and conduct of auctions and listings Auctions and listings will be published on the website www.gobidreal.it, indicating the dates on which they will take place and the lots included and, where applicable, 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 suspend the auction or listings.
4. Participation and submission of offers.4.1 Listing User participation in the listing format shall be governed by the specific terms and conditions, where applicable.
4.2 Online auction4.2.1 Registration processTo participate in the sale, the user must register on the website
www.gobidreal.it, enter their personal details, request registration for the auction, and accept its terms and conditions.
The details entered by the person when registering on the website and for the auctions will be the same details to which the award may be made and under which the property will be registered. All payments required, both before and after the sale, must be made by the registered persons. Any powers of attorney or delegations may be considered subject to the Principal's authorization.
The user must pay the required security deposit by bank transfer to the current account specified in the specific terms and conditions of sale and on the registration page.
Where indicated in the specific terms and conditions of sale, the deposit may be paid online by credit card.
The user must specify the auction number they intend to participate in and simultaneously send a copy of the bank transfer receipt to
[email protected] The security deposit must be credited before the auction ends, unless otherwise indicated in the specific terms and conditions of sale.
In addition to payment of the security deposit, in order to be authorized to participate in the auction, the user must provide the following documents by uploading them to the "My Documents" section or sending them to
[email protected] - IF AN INDIVIDUAL:
- Copy of a valid identity document of the person in whose name the property will be registered (the property cannot be registered in the name of anyone other than the person who completes the registration, in accordance with the procedure described in section 5.1)
- Copy of the tax code
- If the bidder is married under the statutory community property regime, the spouse's corresponding details must also be provided, together with a copy of their identity document (this document is not required for authorization but is required in the event ofaward)
- IF COMPANIES or ENTITIES:
- Updated company registration report or certificate from the Chamber of Commerce, Industry, Crafts and Agriculture (C.C.I.A.A.)
- Copy of a valid identity document of the person who signed the offer on behalf of the company and, if that person is not the legal representative, a copy of the document evidencing their relevant powers
- Copy of the tax code of the person who signed the offer
- Any duly legalised translation of the company registration certificate, if the company is not Italian
- Special power of attorney received or authenticated by a notary, in the event of participation through a representative
Where required by the specific conditions, additional documents will be requested to supplement those listed above.
5. Irrevocable purchase offer 5.1 Procedure for finalising offers at the auction starting price
The combined effect of crediting the security deposit, formalising registration for the auction—with express acceptance of the general and specific conditions of sale published online at www.gobidreal.it—and the user submitting all the required supporting documentation, as specified above in section 4.2.1, shall be deemed equivalent to an irrevocable purchase offer at the price set as the starting price for each sale attempt and shall itself constitute a binding commitment to purchase by the user.
This offer will be formalised on the platform directly by the Agent by placing an online bid on behalf of the first user to complete the above procedure.
If several participants have formalised their irrevocable purchase offers in the manner described above, and none of the bidders places a further bid on the Platform, the best bidder and, therefore, provisional successful bidder will be the person who first, in chronological order:
- completed the aforementioned procedure.
The Agent will inform all bidders, by any means, whether or not they are the best bidders when the aforementioned irrevocable purchase offer is formalised.
5.2 Submission of offers to increase the starting price. Placing bids The offer formalised by the first bidder may be exceeded by higher bids placed by any authorised user.
A user wishing to be the best bidder (and therefore the provisional successful bidder) must have placed the highest bid by the end of the online auction.
Clearly, if several participants place bids above the auction starting price, the user recognised as the “first bidder” may also compete to win the lots by bidding above the current price.
To win the lot(s) for sale, users will be invited to increase the price indicated in the auction (and therefore place at least one bid) as follows:
5.2.1 Static bid A “static bid” means a bid at the price published online, plus a predetermined minimum increment.
5.2.2 Maximum bid (Proxy Bid):
A “proxy bid” means an offer up to a maximum amount. This is the maximum amount the user is willing to offer for each lot. Each bidder enters the proxy bid amount manually.
Until the user's maximum bid is exceeded by a higher offer, that user will remain the best bidder and therefore the provisional successful bidder.
The current price will automatically adjust by the predetermined bid increments until it reaches the amount set as the “maximum bid”.
A user's maximum bid (proxy bid) will not be visible to other users.
5.3. Validity of offers In all cases (static bid – maximum bid – open bid), offers will be considered valid only if submitted during the auction period.
5.3.1 Extra time If a winning bid is placed within the 5 minutes before the auction closes, the time allowed to place another bid will be extended by a further 5 minutes from the most recent bid received. This will continue indefinitely for every winning bid received within the 5-minute extra-time period, until the allotted time has elapsed.
In the event of extra time, 5 minutes must pass without any additional bid being recorded after the most recent bid received before the auction can be deemed definitively concluded.
Automatic bids placed in response to a maximum bid (proxy bid) will also be considered winning bids.
5.4. Awarding of lots At the end of each auction, following a review phase, the best bidders will be sent provisional award confirmation pursuant to Article 107 of the Bankruptcy Law, upon receipt of which they must make payment by the deadline set out in the specific conditions of sale.
The provisional award will be granted to the bidder who submitted the highest offer for each lot or, if no further bids are placed, to the bidder recognised as the first, in chronological order, to have completed the procedure for finalising the irrevocable purchase offer described in section 5.1.
If a lot is awarded, the full sale price must be paid by bank transfer to the account designated for the proceedings within the deadlines set out in the specific conditions, failing which the award will be forfeited and the security deposit permanently lost.
The deed of sale will be executed by notarial deed in accordance with the procedures established by the Principal (described in section 11, Transfer of ownership).
Submitted offers are binding and constitute a formal commitment to purchase. If the successful bidder does not pay the consideration within the deadlines set out in the specific conditions of sale, or if the award is forfeited, the sale shall be automatically rescinded and the security deposit shall be retained in accordance with the procedures set out in the “Security deposit” section. In that case, the award will be made successively to the next-highest bidder, who must have completed the procedure described in section 5.1 or placed a further bid, in accordance with the provisions of section 5.2.
5.5 Other provisions Where permitted by law, the Principal, as the person responsible for the sale procedure, may exercise the right provided for in Article 107, fourth paragraph, of the Bankruptcy Law and suspend the sale if an irrevocable purchase offer is received that improves on the existing offer by an amount of no less than ten per cent of the price offered.
In any event, GOBID INTERNATIONAL AUCTION GROUP S.r.l. reserves the right to suspend the auction or the award of lots in agreement with the Principal.
6. Obligations of the PrincipalPursuant to Article 107 of the Bankruptcy Law, the Principal undertakes to notify each mortgage creditor or other creditor holding a preferential claim 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 pre-emption rights, registrations of attachments and conservatory seizures, and any other encumbrances on the real estate offered for sale, will be cancelled pursuant to Article 108 of the Bankruptcy Law once the sale has been completed and the price has been paid in full. Unless otherwise provided in the specific conditions of sale, all formalities for thecancellation shall be carried out at the expense of the successful bidder.
7. Buyer’s Premium
The fee payable to the Agent shall be borne exclusively by the buyer and is referred to as the Buyer’s Premium. It shall be calculated on the sale price of the asset, according to the methods specified in the specific terms of sale.
8. Costs The buyer shall be responsible for notarial fees, statutory taxes and all costs relating to the sale, whether tax-related or otherwise. The Principal shall provide information on the exact amount of the costs and their proper breakdown as soon as possible.
The Principal shall take the necessary steps in this regard, taking into account the tax rules applicable to the transaction and any tax relief that the buyer intends to claim. The Principal shall therefore verify whether the transaction is subject to VAT or registration tax and, where the relevant conditions are met, specify whether it intends to apply the reverse charge mechanism.
At the end of the sale, the Agent shall ask the successful bidder whether they intend to claim the first-home tax relief or any other tax benefit and shall inform the Principal accordingly, so that the exact amount of taxes payable by the buyer can be calculated.
The successful bidder shall pay the costs within the deadlines specified in the specific terms of sale.
9. Security Deposit Participation in the auction is subject to payment of a mandatory security deposit, as specified in the specific terms of sale.
Before being authorised to participate in the auction, participants must pay the amount specified above by bank transfer or, where provided for in the specific terms, by credit card through the platform. Payments must be made as set out in the specific terms of sale.
The security deposit must be credited before the auction closes.
For payment by bank transfer, a BIR transfer (large-value bank transfer) is recommended.
If participants do not win any assets at the auction, the security deposit will be refunded within 20 working days of the auction, without interest.
If one or more lots are won, the security deposit will be refunded after the buyer has completed the transfer of ownership of the real estate purchased at auction by means of a notarial deed, subject to the Principal’s authorisation. In such cases, at the Principal’s discretion, the security deposit may be retained to cover any costs attributable to the Proceedings or to cover other services provided by the Agent.
If the security deposit is paid by credit card, the deposit will be credited to the Agent’s bank account, and the Agent will refund the amount thus withheld in accordance with the procedures described above.
If the buyer wins at least one lot at auction, the Agent may, in agreement with the Principal, deduct the security deposit from the total amount owed by the buyer.
If, after paying the security deposit, the bidder fails to complete the purchase within the deadlines specified in the specific terms of sale, including payment of the sale price, the Buyer’s Premium and any additional costs, the sale shall be automatically terminated and the security deposit shall be retained as liquidated damages.
10. Payments The provisional successful bidder for one or more lots must comply with the specific terms of the auction, which specify the deadlines for payment of both the lots won and the Buyer’s Premium due, as well as any additional costs, and the related compensation clauses in the event of failure to comply with those terms.
All payments must be made in full by bank transfer only, unless otherwise provided in the specific terms. The bank details will be provided when the user receives confirmation of the provisional award.
If the amounts due are not paid within the specified deadlines, the sale shall, in agreement with the Principal, be automatically terminated and the security deposit shall be retained as liquidated damages, with the award thereby forfeited.
11. Transfer of ownership Ownership shall be transferred only after full payment of the sale price and costs, as provided for in the specific terms of sale, by means of a notarial deed in accordance with the procedures established by the Principal, unless otherwise specified in the specific terms of sale.
In the case of judicial sales, the Principal shall notify the Delegated Judge, who shall in turn arrange for the cancellation of any prejudicial registrations affecting the real estate being transferred, pursuant to Article 108 of the Bankruptcy Law, as indicated in Article 6.
Once the payment deadlines set out in the specific terms of sale have expired, if the transfer of ownership has not been completed, the sale shall be automatically terminated and the amount paid by the successful bidder as the Buyer’s Premium shall be retained by the Agent as liquidated damages. The amount paid by the successful bidder as a security deposit shall instead be retained in accordance with the rules set out in the Security Deposit section.
12. Warranties GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall not be liable for any failure to correspond, or partial correspondence, between the descriptions of lots offered at auction or in advertisements published on the platform and the actual lots.
For all matters not covered by these general terms or the specific terms, the provisions contained in the website Terms of Use at
www.gobidreal.it shall apply.
The registered user acknowledges the possible objective and subjective issues arising from the use of an online auction or online advertisement conducted via the internet, for which GOBID INTERNATIONAL AUCTION GROUP S.r.l. cannot be held liable.
GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall not be liable for direct and/or indirect damage or liability, except in cases of wilful misconduct or gross negligence on its part. Under no circumstances shall GOBID INTERNATIONAL AUCTION GROUP S.r.l. be liable for: actions taken directly by the user that may cause damage to or malfunction of the system; the unavailability of, or inability to view and/or use, www.gobidreal.it; the unlawful use of www.gobidreal.it; or any event occurring after the auction has ended.
For all matters not expressly provided for in these general and specific terms, reference is made to the provisions of the Code of Civil Procedure and the Bankruptcy Law.
The sale of real estate is a forced sale (Art. 2919 of the Civil Code). The assets are sold as seen and accepted, in their actual and legal condition. In a forced sale, there is no warranty against defects in the item. The sale cannot be challenged on grounds of damage. (Art. 2922 of the Civil Code).
The Agent shall have no liability whatsoever with regard to the existence of third-party rights over assets offered for sale (Art. 2920 of the Civil Code).
The real estate is sold in its actual and legal condition, together with all appurtenances, additions, rights and claims, and active and passive easements. The sale is of the property as a whole, not by unit of measurement, and without any warranty against defects or other deficiencies.
UNAUTHORISED WORKS, VIOLATIONS, ENCUMBRANCES, COMPLIANCE WITH CURRENT REGULATIONS
For further information concerning any unauthorised works, violations, encumbrances or instances of non-compliance with current regulations affecting the lots for sale, please refer to the attached appraisal.
The lots are sold as seen and accepted, in their current condition.
Inspection of the lots offered at auction is strongly recommended. GOBID INTERNATIONAL AUCTION GROUP S.r.l. or the Principal disclaim all liability for any errors, omissions or inaccuracies in the photographs, descriptions or any other details provided for the auction or in the advertisements. For this reason, inspection of the lots is strongly recommended in order to verify their actual condition of the goods at auction. No warranty is given by GOBID INTERNATIONAL AUCTION GROUP S.r.l. or the Principal
By accepting these terms, the buyer releases GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal from any warranty or third-party claim.
In the event of any dispute concerning the interpretation of the provisions contained in the general and specific terms and conditions displayed on the platform, which may have been translated into other languages, the Italian version of the text shall prevail.
Unless otherwise specified, the times stated in the specific terms and conditions and on the platform refer to the time zone indicated by the server time published on the website