GENERAL TERMS AND CONDITIONS
Table of Contents:
Art. 1. Definitions
Art. 2. Applicability
2.2. Specific Conditions
Art. 3 Publication of the Auctions
Art. 4. Conduct of the Auctions
Art. 5. Participation in the Auctions
Art. 6. Submission of bids
Art. 7. Awarding of the lots
Art. 8. Payment
Art. 9. Guarantees
1. Definitions
· GOBID INTERNATIONAL AUCTION GROUP SRL: Owner and manager of the online auction website http://www.gobid.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT No.: 09441470961, duly authorized for auction sales with License issued by the Milan Commissioner's Office (n13/2008) of 9/4/2008.
· Gobid.it:Trademark registered by GOBID INTERNATIONAL AUCTION GROUP SRL.
· www.gobit.it: The website managed by GOBID INTERNATIONAL AUCTION GROUP SRL for the sale of goods on commission.
· Auction: online sale of goods published on the website www.gobit.it
· Lot: Good or set of goods subject to the auction.
· Registered user: User registered on www.gobit.it
· Registration in the auction procedure: 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: Specific Terms and Conditions of 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
· Simple bid: amount entered by the user to increase the current price of thelot.
· Maximum bid: (proxy bid) maximum amount the user is willing to pay for the lot.
· Minimum increment: bids must be made in increments by a predetermined amount.
· EXTRA-TIME: Time available from the Auction deadline for submitting new bids.
· Award: Declaration by GOBID INTERNATIONAL AUCTION GROUP SRL that a lot is sold to the highest bidder.
· Sale price: Award amount of the lot at the time the auction is deemed closed.
· 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 www.gobid.it website and in particular to the publication and conduct of the Auction, as well as to the terms and conditions of users participating in them.
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 www.gobid.it website, indicating the dates of conduct and the catalog of lots.
4. Conduct of Auctions.
Each Auction will be published on the www.gobid.it website according to the terms and conditions set out in the General and Specific Conditions. GOBID INTERNATIONAL AUCTION GROUP SRL 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 issues and conflicts that may arise from the use of an online Auction, and states that GOBID INTERNATIONAL AUCTION GROUP SRL shall be held harmless from all liability for any loss or damage caused as a result thereof.
Any liability of GOBID INTERNATIONAL AUCTION GROUP SRL for damages or losses caused to the registered user directly and/or indirectly is excluded, and such liability is limited solely to cases of willful misconduct or gross negligence.
GOBID INTERNATIONAL AUCTION GROUP SRL shall in no way be liable for the user's own actions that cause damage, malfunction, incorrect display and/or improper use of the www.gobid.it website, whether before, simultaneously with or after the auction process.
For all matters not provided for in the general conditions, the provisions contained in the terms of use of the www.gobid.it website shall apply.
5. Participation in Auctions.
A user registered on the www.gobid.it website must register for each Auction and accept 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 INTERNATIONAL AUCTION GROUP SRL. Authorization will be granted by GOBID INTERNATIONAL AUCTION GROUP SRL only after the deposit has been received. The payment methods for the deposit will be indicated in the Specific Conditions of the Auction.
Users who participated in the procedure but were not awarded any asset will receive their deposit within 20 business days following the conclusion of the Auction, 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 administrative procedures required for the sale, and always subject to prior authorization by the Principal. In such cases, the deposit may be deducted from costs that may be incurred for ancillary services, as well as from other expenses at the Principal's discretion.
If the purchaser has paid the deposit by debit/credit card GOBID INTERNATIONAL AUCTION GROUP SRL will proceed with the refund by bank transfer once the collection of the goods has been carried out 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 placed by registered users authorized to participate in the Auction and will be collected within each lot page on www.gobid.it.
Bids will always be subject to verification of the indicated prices and the increment conditions.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel any bid if inconsistencies are found between the General Conditions and the Specific Conditions thereof.
Bids may be of two types, static or dynamic (proxy bid):
A simple static bid is considered a fixed-price bid.
The 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 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 established maximum bid. Increments will be automatic and based on the indicated minimum values, with a view to outbidding the other bids submitted until reaching the maximum amount entered.
Bids will be accepted until the closing 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.
7. Award of lots.
At the end of each auction, the phase of provisional award of the lots will begin. This phase will last a maximum of 48 business hours, unless otherwise established in the Specific Conditions. During this phase, a provisional award confirmation will be sent to the highest bidder. GOBID INTERNATIONAL AUCTION GROUP SRL 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 for).
If the provisional awardee fails to comply with the obligations set out in the established terms, the award will be made in favor of the bidder who placed the next highest bid, and so on.
Bids placed 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, which will specify the payment terms, collection terms and compensation clauses in the event of non-compliance therewith. If payment of the amounts due is not completed within the established terms, the sale will be automatically deemed terminated. The user will lose the deposit (if provided for), which will be retained as compensation with the consequent forfeiture of the award, in agreement with the Principal. The existence of any damage detected after collection of the awarded lots will be entirely the buyer's responsibility.
9. Warranties
Any liability of GOBID INTERNATIONAL AUCTION GROUP SRL for 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 about the Auction 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.it will apply.
For anything not expressly provided for in the general and specific conditions, the provisions of the specific Liquidation Plan of the proceedings will apply, and for anything not regulated thereby, the provisions of the Insolvency Act and the Civil Procedure Act will apply, which will apply only supplementarily pursuant to the fifth final provision of the Insolvency Act.
The lots will be sold in the condition in which they are found.
It is expressly recommended to visit the lots for sale in order to verify their actual condition and status. GOBID INTERNATIONAL AUCTION GROUP SRL and the bodies of the proceedings regarding any errors, omissions and inaccuracies in the photos, descriptions, and other details expressed in the catalogue of the lots for sale. For this reason, GOBID INTERNATIONAL AUCTION GROUP SRL will make available to interested parties various means for the purpose of that they may carry out these visits to the goods in auctions.
GOBID INTERNATIONAL AUCTION GROUP SRL and the procedure bodies 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 INTERNATIONAL AUCTION GROUP SRL and the procedure bodies from any liability for warranty rights or third-party rights over the goods subject to the sale.
GOBID INTERNATIONAL AUCTION GROUP SRL 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 their part.
GOBID INTERNATIONAL AUCTION GROUP SRL is in no way liable for the user's own actions that cause damage, malfunction, incorrect display and/or improper use of the website www.gobid.it
Any liability of GOBID INTERNATIONAL AUCTION GROUP SRL for malfunction of the system that may harm or delay the delivery of communications to the user who registers is excluded.
The competitive procedure may be suspended and/or postponed at the discretion of GOBID INTERNATIONAL AUCTION GROUP SRL 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 records present in the log file generated by the system constitute full and exclusive evidence among all parties to this procedure, in relation to the content and time of the documents/messages exchanged by email. The persons who register 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.
In all matters not provided for in the general conditions, the provisions contained in the terms of use of the website www.gobid.it.
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 Italian version of the text shall be authoritative as to their intention.