General Terms and Conditions
GENERAL TERMS AND CONDITIONS
Table of Contents:
These Terms and Conditions govern the terms and conditions for conducting the sale procedure 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 relevant differing 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 and Conditions of Sale), govern the procedures for conducting and participating in the sale procedure.
By participating, the Registered User declares that they have carefully reviewed the Terms and Conditions of Sale applicable to the sale procedure and accept them without reservation.
For any information regarding 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 solely on the basis of information provided by the Seller, without verification or processing.
Accordingly, please note that Gobid Group:
All Assets are sold by the Seller in the condition in which they are at the time of sale ("as is, where is"), without any warranties as to their characteristics or state of preservation.
For this reason, before submitting a bid, prospective bidders are strongly advised to inspect the Assets and the documentation made available, and to carry out their own checks, at their own care and expense, before submitting a bid.
By completing the bid submission process, as described below, the User makes 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 cannot be guaranteed during the 7 days preceding the deadline for submitting offers; you are advised to request a viewing well in advance.
Where required for viewing purposes, interested parties must provide any documentation requested.
By requesting a viewing, each interested party declares that they are aware that the viewing of the Assets will be carried out under their sole responsibility, and expressly indemnifies Gobid Group and/or the Seller; Gobid Group and the Seller accept no liability for any damage to persons and/or property caused during the viewing. It is therefore the responsibility of each interested party to attend the viewing equipped with the appropriate precautions, taking into account the nature of the Asset being viewed.
The sale will take place 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, for 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.
The following are indicated for each Lot:
The description in the Auction listing forms an integral part of these Terms of Sale.
To participate in the Auction and submit an offer, the User must:
The combination of crediting the security deposit, completing registration for the Auction—with express acceptance of the Terms of Sale published online at www.gobidreal.it—and the User's submission 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, and will itself constitute a binding purchase commitment on the part of the User.
This offer will be placed directly on the platform by Gobid Group through 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 further 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 placed directly by the authorized User on the Platform www.gobidreal.it, 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 and absolute discretion. The decisions made shall not give bidders or any third parties any right whatsoever in relation to the award under this sale, including the right to seek any potential compensation for damages/indemnity.
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 of Sale.
The details entered by the User when registering on the website will be the details to which any award will be attributed.
All required payments must be made by the parties registered for the individual auctions.
Participation in the Auction is conditional upon receipt of the Security Deposit, as specified in the Specific Terms of Sale and indicated during the Auction registration process.
If participants in the Auction are not awarded any Assets, unless otherwise specified in the Specific 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 Conditions, will be refunded after ownership has been transferred to the successful bidder.
Without prejudice to the right to claim 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 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.
- A maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the Lot, which is not visible to other users.
When a registered User submits a static bid, it may be outbid by another user. The User will then have to submit another static bid to win the Lot.
If a registered User submits a maximum bid (proxy bid), it will remain valid until it is outbid by another user placing a bid higher than the maximum bid. Bids will be automatically increased based on the minimum increments indicated, with the aim of outbidding other bids submitted, up to the amount entered.
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 most recent bid received. This will continue indefinitely: for every winning bid received within the 5 minutes of extra time, the time available to submit another bid will be extended by a further 5 minutes from the most recent bid received, for all Lots included in the Auction. Automatic increases in the event of a maximum bid (proxy bid) will also be considered winning bids.
At the end of the bidding, the person who submitted the best valid bid before the end of the bidding period or any extension thereof will be declared the successful bidder.
The deadlines for paying for the Lot awarded, the expenses relating to the sale, and the auction fees 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 terms indicated 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 after the transfer of ownership has been completed in accordance with the Specific Terms of Sale referred to herein.
The transfer of ownership to the successful bidder will therefore take effect only after the aforementioned notarial deed has been executed.
The security deposit may be retained to cover any costs relating to the sale, including the applicable Buyer’s Premium if unpaid by the successful bidder, without prejudice to the right to pursue recovery of any remaining amount.
It is understood that ownership will be transferred only after full payment of the winning bid price, the expenses relating to the sale, and the Auction Fees (Buyer’s Premium) payable to the auction house Gobid Group for managing the online sale.
The buyer shall bear the notarial fees, statutory taxes, and all expenses relating to 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 are present, they will be cancelled by the Seller, at the Seller’s expense, in advance or at the time of 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 security deposit paid will be retained as a penalty by way of compensation, without prejudice to the right to seek compensation for any greater loss.
The auction fees (Buyer’s Premium), plus VAT, payable to Gobid Group for managing the sale are payable by the successful bidder and shall be calculated as a percentage of the winning bid price, as indicated in the Specific Terms of Sale referred to herein.
The right to payment of the Buyer’s Premium accrues upon the award. Without prejudice to the provisions in the section "Award, 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 remedies provided by law.
If the award is forfeited for reasons attributable to the successful bidder, they will in any event be required to pay the aforementioned fees, which, if paid, will therefore be retained by Gobid Group.
All sales are published on the website www.gobidreal.it, together with the dates of the sale, the Terms of Sale, information about the lots open to bids, 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 caused by server or network malfunctions, without this giving rise to any claim for compensation or indemnity in favour of 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 this competitive procedure as to the content and timing of documents/messages exchanged electronically. Registered users declare and acknowledge that system records constitute full proof of the dealings 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 malfunctions that may in any way prejudice or delay the delivery of communications to the registered user, or for the unavailability of, or inability to view and/or use, www.gobidreal.it, or for the unlawful use of www.gobidreal.it by Users.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel bids submitted if discrepancies are identified with respect to 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 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 Items owned by the Seller based on the information provided by the Seller, without reprocessing 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 neither owns nor is to be considered the Custodian of the Assets covered by this sale, which are owned by the Seller.
Gobid Group is therefore not liable for any defects, faults, or total or partial lack of quality in the Assets offered for sale.
All Assets are sold in the condition in which they are found at the time of sale ("as seen and accepted"), 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 Assets 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 with due care, the General and Specific Terms of Sale applicable to this sale, 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 indicated in the Auction.