General Terms and Conditions
GENERAL TERMS AND CONDITIONS
Table of contents:
These Terms and Conditions govern the terms and conditions of the sale process and apply together with:
If the Specific Terms and Conditions and/or the Sale Notice (where applicable) provide for terms that differ from those set out in these General Terms and Conditions, the different provision in the Specific Terms and Conditions and/or the Sale Notice (where applicable) shall prevail.
In the event of any 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 and conditions, together with the Specific Terms and Conditions and/or the Sale Notice, where applicable (collectively, the Terms of Sale), govern the procedures for conducting and participating in the sale process.
By participating, the Registered User declares that they have carefully reviewed the Terms of Sale applicable to the sale process and accept them without reservation.
For any information regarding the use of the website and the processing of the 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 based exclusively on the information provided by the Seller, without verification or processing.
For this reason, please note that Gobid Group:
All Assets are sold by the Seller in their condition at the time of sale ("as seen and approved"), without 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 necessary, interested parties will be required to provide any documentation requested for the viewing.
By requesting a viewing, each interested party declares that they are aware that the Goods will be viewed under their sole responsibility, with an express release of liability for Gobid Group and/or the Seller; Gobid Group and the Seller accept no liability for any personal injury and/or property damage occurring during the viewing. Each interested party is therefore responsible for attending the viewing with the appropriate precautions, taking into account the nature of the Goods being viewed.
The sale will be conducted on the platform www.gobidreal.it, in accordance with the terms and conditions set out in the General Terms and Conditions, the Specific Terms and Conditions and the Notice of Sale, where applicable, as applied to this sale.
The Auction will run for the period indicated in the auction listing; during this period, any interested party may register for the Auction and submit an offer.
For each Lot, the following are indicated:
The description provided in the Auction listing forms an integral part of these Terms and Conditions of Sale.
To participate in the Auction and submit an offer, the User must:
The combined effect of receipt of the security deposit, completion of registration for the Auction—with express acceptance of the Terms and Conditions of Sale published online at www.gobidreal.it—and submission by the User of all required supporting documentation, as specified above, will be considered equivalent to an irrevocable offer to purchase at the price set as the Starting Price for each sale attempt and will itself constitute a binding purchase commitment on the part of the User.
This offer will be placed on the platform directly by Gobid Group by submitting an online bid on behalf of the first User to complete the procedure described above.
If several 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, consequently, the successful bidder will be the person who first completed the aforementioned procedure.
To be valid, subsequent offers must exceed the highest offer 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 User authorized on the www.gobidreal.it Platform, in accordance with the procedures published on the platform itself. The Auction is subject to a reserve price; all offers 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 do not give bidders or any third parties any rights in connection with the award under this sale, including the right to seek any potential damages/compensation.
Once the above steps have been completed, Gobid Group will authorize the User, who may then submit an offer for the Lot of interest, in accordance with the applicable Terms and Conditions of Sale.
The details entered by the User when registering on the website will be the details to which any award will be made.
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 Terms and 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 Terms and Conditions, the 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 Terms and 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 payment deadlines are not met for reasons attributable to the Successful Bidder.
The User may choose to submit their bid as a "static bid" or as 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.
- The maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the Lot, not visible to other users.
When the registered User places a static bid, it may be outbid by another user. At this point, the User will have to place another static bid to win the Lot.
If the registered User places a maximum bid (proxy bid), it will be considered valid until it is outbid by another user placing a bid higher than the maximum bid. Automatic increments will be based on the minimum amounts indicated, with the aim of outbidding the other bids submitted, up to the amount entered.
Bids will be considered valid only if submitted during the Auction period.
If a winning bid is placed in the 5 minutes before the auction closes, the time available to place another bid will be extended by a further 5 minutes from the last bid received. This will continue in the same way for every winning bid received within the 5-minute extra-time period: the time available to place another bid will be extended by a further 5 minutes from the last bid received, for all Lots included in the Auction. Automatic increments in the case of a maximum bid (proxy bid) will also be considered winning bids.
Once the bidding has ended, the person who submitted the highest valid bid by the end of the bidding period or any extension thereof will be declared the successful bidder.
The deadlines for payment of the awarded Lot, the expenses connected with the sale and the auction fees accrued as a result of the award, payable to Gobid Group, will run from the Award Confirmation.
Payment must be made within the time limits and in accordance with the procedures set out in the Specific Terms of Sale.
In the event of an award, unless otherwise specified in the Specific Terms, the security deposit paid to participate in the sale will be made available to the successful bidder, without interest, only once the transfer of ownership has been completed in accordance with the Specific Terms of Sale referred to herein.
Ownership of the property will therefore be transferred to the successful bidder only after the aforementioned notarial deed has been executed.
The security deposit may be retained to cover any costs connected with the sale, including the applicable Buyer’s Premium, if unpaid by the successful bidder, without prejudice to the right to pursue recovery of any outstanding amount.
It is understood that ownership will be transferred only after full payment of the award price, the expenses connected with the sale and the Auction Fees (Buyer’s Premium) payable to the Gobid Group auction house for managing the online sale.
The buyer shall bear notarial fees, statutory taxes and all expenses connected with the sale, whether tax-related or otherwise.
Unless otherwise specified in the Specific Terms of Sale, the goods are sold free of encumbrances; if any exist, they will be cancelled by the Seller at the Seller’s expense, either in advance or at the same time as the sale, unless otherwise specified in the Specific Terms or agreed between the Parties.
Submitting a bid in accordance with the Terms of Sale applicable to the online sale constitutes a binding commitment by the User to purchase. Therefore, if payment is not made by the established deadline for reasons attributable to the User, the award will be declared forfeited, the sale terminated and the deposit paid will be retained as liquidated damages, without prejudice to the right to seek compensation for any greater loss.
The successful bidder shall pay the auction fees/charges (Buyer’s Premium), plus VAT, payable to Gobid Group for managing the sale. These will be calculated as a percentage of the award price, as specified in the Specific Terms of Sale referred to herein.
The Buyer’s Premium becomes payable upon award. Without prejudice to the provisions of the section "Award of sale, payment of the purchase price and transfer of ownership", in the event of non-payment, including partial non-payment, Gobid Group reserves the right to take action to recover the debt, without prejudice to any other rights and remedies provided by law.
If the award is forfeited for reasons attributable to the successful bidder, the successful bidder will in all cases remain liable for the above-mentioned fees, which, if paid, will therefore be retained by Gobid Group.
All sales are published on www.gobidreal.it, together with the dates of the sale, the Terms of Sale, information on the lots open to bidding and details of the sale.
The duration of the Sale is indicated in the Auction listing and in the specific terms and/or the Notice of Sale (if applicable). Unless otherwise specified, the times shown in the specific terms 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 or award may in any event be suspended and/or postponed, including due to technical problems connecting to the system arising from server or network malfunctions, without giving rise to any claim for damages or compensation by the registered user and/or successful bidder.
All operations carried out on the platform by the user are recorded. The records contained in the log file generated by the system constitute full and exclusive evidence between all parties to these competitive proceedings concerning the content and timing of documents/messages exchanged electronically. Those who register declare and acknowledge that system records constitute full evidence of the relationship between them. Such 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 in no event be held liable for any system malfunctions that may in any way impair or delay the delivery of communications to the person who registers, or for the unavailability of access to and/or use of www.gobidreal.it or 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 Terms of Sale applicable to the sale in question.
In the event of any disputes concerning the interpretation of the provisions contained in the general and specific terms displayed on the platform, which may have been translated into other languages, the Italian version of the text shall prevail.
Each Item is sold by the Seller on an "as is, where is" basis, in the condition in which it is at the time of sale, without warranties.
The existence of any defects, lack of quality or non-conformity in the item sold, or charges of any kind, shall not give rise to any compensation, indemnity or reduction in price.
Through the www.gobidreal.it platform, Gobid Group promotes the sale of Items owned by the Seller, based on the information provided by the Seller, without editing or verification. For this reason, Gobid Group accepts no liability for any errors, omissions or inaccuracies in the information published online.
It is also specified that Gobid Group does not own the Goods offered in this auction, nor is it to be considered their Custodian; the Goods are owned by the Seller.
Gobid Group is therefore not liable for any defects, flaws or lack of quality, whether total or partial, 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 approved"), without any guarantees as to their characteristics or state of preservation.
For this reason, before submitting a bid, prospective bidders are strongly advised to inspect the Goods and the documentation made available, and to carry out their own checks, at their own care and expense, 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 auction, as well as the documentation published online.
In view of the above, by submitting a bid, the User acknowledges that they understand that Gobid Group is not liable for any errors, omissions or inaccuracies in the photographs, descriptions, quantities or any other details specified in the Auction.