General Terms and Conditions
GENERAL TERMS AND CONDITIONS
Table of contents:
These Terms and Conditions govern the terms and conditions of the sale procedure and apply together with:
If the Specific Terms and Conditions and/or the Sale Notice (where applicable) provide for the application of terms different from those set out in these General Terms and Conditions, the relevant differing provision in the Specific Terms and Conditions and/or the Sale Notice (where applicable) shall prevail.
In the event of a conflict between provisions set out in the Specific Terms and Conditions and the Sale Notice, the provisions of the Sale Notice shall prevail.
These terms, together with the Specific Terms and Conditions and/or the Sale Notice, where applicable (collectively, the Sale Conditions), govern the conduct of and participation in the sale procedure.
By participating, the Registered User declares that they have carefully reviewed the Sale Conditions applicable to the sale procedure and accept them without reservation.
For information regarding the use of the website and the processing of personal data provided, please refer to the "Terms of Use" and the "Privacy Policy", published on the website www.gobidreal.it.
Through the platform www.gobidreal.it, Gobid Group promotes the sale of Assets exclusively on the basis of information provided by the Seller, without verification or revision.
Accordingly, please note that Gobid Group:
All Assets are sold by the Seller in the condition in which they are found at the time of sale ("as seen and approved"), without any warranties as to their characteristics or state of preservation.
For this reason, before submitting a bid, you are strongly advised to inspect the Assets and the documentation made available, and to carry out your own checks, at your own care and expense, before submitting a bid.
By completing the bid submission process, as described below, the User submits a binding bid; it will therefore not be possible to amend or withdraw the bid submitted. Users are advised to always check their bid before confirming it.
Interested parties may inspect the assets:
Viewing is not permitted on Saturdays, Sundays or public holidays. Please note that viewings are not guaranteed during the 7 days preceding the offer submission deadline; you are advised to request a viewing well in advance.
Where required, interested parties must provide any documentation requested for the purpose of viewing.
By requesting a viewing, each interested party acknowledges that the Goods will be viewed under their sole responsibility, and expressly releases Gobid Group and/or the Seller from liability; Gobid Group and the Seller accept no liability for any damage to persons and/or property caused during a viewing. Each interested party is therefore responsible for attending the viewing with the appropriate precautions, having regard to the nature of the Goods being viewed.
The auction will be conducted on the platform www.gobidreal.it, in accordance with the terms and conditions set out in the General Conditions, the Specific Conditions and the Notice of Sale, where applicable, as applied to this auction.
The Auction will run for the period indicated in the auction listing; during this period, interested parties may register for the Auction and submit their bids.
The following are specified for each Lot:
The description in the Auction listing forms an integral part of these Conditions of Sale.
To participate in the Auction and submit a bid, the User must:
The combined effect of the security deposit being credited, the registration for the Auction being completed—with express acceptance of the Conditions of Sale published online at www.gobidreal.it—and the User submitting all required supporting documentation, as specified above, shall be deemed equivalent to an irrevocable offer to purchase at the price set as the starting price for each sale auction, and shall itself constitute a binding purchase commitment on the part of the User.
This offer will be entered directly on the platform by Gobid Group by placing an online bid on behalf of the first User to complete the procedure described above.
If multiple participants have submitted their irrevocable offers to purchase in accordance with the procedures described above and none of the bidders places a higher bid on the Platform, the highest bidder and, therefore, the successful bidder will be the person who first completed the aforementioned procedure.
To be valid, subsequent bids must exceed the highest bid received by at least the minimum bid increment and must be received before the end of the auction. They will be submitted directly by the authorised User on the Platform at www.gobidreal.it, in accordance with the procedures published on the platform itself. The Auction is subject to a reserve price; all bids below the reserve price will be submitted to the Seller, who reserves the right to accept or reject them at their sole discretion. The decisions made shall not give bidders or any third parties any rights with regard to the award in this auction, including the right to seek any potential compensation for damages or indemnity.
Once the above steps have been completed, Gobid Group will authorise the User, who may then submit a bid for the Lot of interest, in accordance with the applicable Conditions of Sale.
The information entered by the User during website registration will be the information to which any award will be assigned.
All required payments must be made by the persons registered for the individual auctions.
Participation in the Auction is conditional upon receipt of the Security Deposit, as specified in the Specific Conditions of Sale and indicated during the Auction registration process.
If participants in the Auction are not awarded any Goods, unless otherwise specified in the Specific Conditions, the security deposit will be refunded within 20 business days of the Auction deadline, without interest.
If one or more lots are awarded, the security deposit, unless otherwise specified in the Specific Conditions, will be refunded after ownership has been transferred to the successful bidder.
Without prejudice to the right to compensation for any greater loss, the security deposit will be retained as a penalty if the payment deadlines are not met for reasons attributable to the successful bidder.
The User may choose to submit a "static bid" or a "dynamic bid" (proxy bid), as indicated below:
- A static bid is considered a fixed-price bid, equal to the amount entered by the User in accordance with the Terms applicable to this sale process.
- The maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the Lot, not visible to other users.
When a registered User submits a static bid, it may be outbid by another user's bid. The User will then have to submit another static bid to win the Lot.
If the registered User submits a maximum bid (proxy bid), it will remain valid until it is exceeded by a bid from another user that is higher than the maximum bid. Bids will be placed automatically based on the indicated minimum increments, with the aim of outbidding other bids submitted until the amount entered is reached.
Bids will be considered valid only if submitted during the Auction.
If a winning bid is submitted within the 5 minutes before the auction closes, the time available to submit another bid will be extended by a further 5 minutes from the time the latest bid was received. This will continue indefinitely: for each winning bid received within the 5-minute extra-time period, the time available to submit another bid will be extended by a further 5 minutes from the time the latest bid was received, for all Lots included in the Auction. Automatic bids placed in response to a maximum bid (proxy bid) will also be considered winning bids.
Once the bidding has ended, the successful bidder will be declared to be the person who submitted the highest valid bid by the end of the bidding period or any extension thereof.
The deadlines for payment of the Lot awarded, the expenses related to the sale and the auction commissions accrued as a result of the award and payable to Gobid Group will run from the Award Confirmation.
Payment must be made within the time limits and according to the procedures set out in the Specific Sale Conditions.
If the Lot is awarded, unless otherwise indicated in the Specific Conditions, the security deposit paid to participate in the sale process will be made available to the successful bidder, without interest, only after the transfer of ownership has been completed in accordance with the Specific Sale Conditions referred to herein.
The transfer of ownership to the successful bidder will therefore take effect only after the above-mentioned notarial deed has been executed.
The security deposit may be withheld to cover any costs related to the sale, including the Buyer’s Premium payable, if not paid by the successful bidder, without prejudice to the right to claim any outstanding amount.
It is understood that ownership will be transferred only after full payment of the winning bid amount, the expenses related to the sale and the Auction Commissions (Buyer’s Premium) payable to the auction house Gobid Group for managing the online sale process.
The buyer shall be responsible for notarial fees, statutory taxes and all expenses related to the sale, whether tax-related or otherwise.
Unless otherwise indicated in the Specific Sale Conditions, the assets are sold free of encumbrances; where any exist, they will be cancelled by the Seller, at the Seller’s expense, in advance or at the time of sale, unless otherwise indicated in the Specific Conditions or agreed between the Parties.
Submitting a bid in accordance with the Sale Conditions applicable to the online sale process shall be understood as a binding commitment by the User to purchase. Therefore, if payment is not made by the deadline for reasons attributable to the User, the award will be declared forfeited, the sale rescinded and the deposit paid will be withheld as liquidated damages, without prejudice to the right to claim compensation for any greater loss.
The auction fees/charges (Buyer’s Premium), plus VAT, payable to Gobid Group for managing the sale process shall be borne by the successful bidder and calculated as a percentage of the winning bid amount, as indicated in the Specific Sale Conditions referred to herein.
The right to payment of the Buyer’s Premium accrues upon the award. Without prejudice to the provisions of the section "Award of the Lot, payment terms and transfer of ownership", in the event of non-payment, including partial non-payment, Gobid Group reserves the right to take legal action to recover the debt, without prejudice to any other rights and actions provided for by law.
If the award is forfeited for reasons attributable to the successful bidder, the successful bidder shall in any event be required to pay the above-mentioned fees, which, if paid, will therefore be retained by Gobid Group.
All sale processes are published on www.gobidreal.it, with details of the dates on which the sale process takes place, the Sale Conditions, information on Lots open to bids and details of the sale process.
The duration of the sale process is indicated in the Auction listing and in the Specific Conditions and/or the Sale Notice (if any). Unless otherwise specified, the times shown in the Specific Conditions and on the platform refer to the time zone indicated by the server time published on the website.
It is understood that, at the sole discretion of Gobid Group and/or the Seller, the sale process or the award may in any event be suspended and/or postponed, including due to technical problems connecting to the system caused by server or network failures, without giving rise to any claim for compensation or indemnity by the registered user and/or successful bidder.
All operations carried out on the platform by the user are recorded. The records in the log file generated by the system constitute full and exclusive evidence between all parties to these competitive proceedings regarding the content and timing of documents/messages exchanged electronically. Registered users declare and acknowledge that system records constitute full evidence of the relationships between them. These records are confidential and will not be disclosed to third parties, except in cases expressly provided for or by order of the Judicial Authority.
GOBID INTERNATIONAL AUCTION GROUP SRL shall under no circumstances be held liable for any system failures that may in any way prejudice or delay the delivery of communications to the registered user, or for the unavailability of access to and/or use of www.gobidreal.it and the unlawful use of www.gobidreal.it by Users.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel bids submitted if discrepancies are found with the Sale Conditions applicable to the sale process in question.
In the event of any disputes concerning the interpretation of the provisions contained in the general and specific conditions shown on the platform, which may have been translated into other languages, the Italian version of the text shall prevail.
Each Asset is sold by the Seller on an "as is, where is" basis, in its condition at the time of sale, without warranties.
The existence of any defects, lack of quality or non-conformity of the item sold, or charges of any kind, shall not give rise to any compensation, indemnity or price reduction.
Through the platform www.gobidreal.it, Gobid Group promotes the sale of Assets owned by the Seller, based on information provided by the Seller, without editing or verification. For this reason, Gobid Group shall not be liable for any errors, omissions or inaccuracies in the information published online.
It is also specified that Gobid Group does not own the Goods covered by this sale and is not to be considered their Custodian; the Goods are owned by the Seller.
Gobid Group is therefore not liable for any defects, flaws or total or partial lack of quality in the Goods offered for sale.
All Goods are sold in the condition in which they are at the time of sale ("as seen and accepted"), without any warranties as to their characteristics or state of preservation.
For this reason, before submitting a bid, you are strongly advised to inspect the Goods and the documentation made available, and to carry out your own checks, at your own expense and responsibility, before submitting a bid.
Each participant is responsible for reviewing in advance, in full and carefully, the General and Specific Terms and Conditions of Sale applicable to this sale, as well as the documentation published online.
In light of the above, by submitting a bid, the User declares that they are aware that Gobid Group is not liable for any errors, omissions or inaccuracies in the photographs, descriptions, quantities or any other details indicated in the Auction.