GENERAL TERMS AND CONDITIONS
 
Table of Contents:
Art. 1. Definitions
Art. 2. Applicability
      2.2. Specific conditions
Art. 3 Publication of Auctions
Art. 4. Development of Auctions
Art. 5. Participation in Auctions
Art. 6. Submission of bids
Art. 7. Award of lots
Art. 8. Payment
Art. 9. Guarantees 
 
 
1. Definitions
·          GOBID ESPAÑA SL: Manager of the online auction website http://www.gobid.es, headquartered in Málaga, Calle Esperanto no. 4, 29007, CIF: B72551898, authorized with Sales Mandate for real estate and movable property
·          Gobid.es: Trade mark under which GOBID ESPAÑA SL operates ·          www.gobid.es: The website managed by GOBID ESPAÑA SL for the sale of goods.
·          Auction: online sale of goods published on the page www.gobid.es
·          Lot: Good or set of goods subject to auction.
·          Registered user: User registered at www.gobid.es
·          Auction registration: Prior authorization required so that the registered user can 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 the lot.
·          Maximum bid: (proxy bid)maximum amount the user is willing to pay for the lot.
·          Minimum increment: improvements must be made in stages by a preset amount.
·          EXTRA-TIME: Time available from the Auction deadline for submitting new offers.
·          Award: Declaration by GOBID ESPAÑA SL that a lot is sold to the highest bidder.
·          Sale price: Amount of the award of the lot at the moment the auction is deemed concluded.
·          Buyer’s Premium: Percentage amount calculated on the sale price stated in the award of the auction.

2. Applicability.
These conditions apply generally to any use of the page www.gobid.es and in particular to the publication and development of the Auction, as well as to the terms and conditions of the users who participate in them.

2.1. Specific conditions.
The specific conditions of each auction shall prevail over these general conditions.

3. Publication of Auctions.
The Auctions will be published on the website www.gobid.es indicating the development dates and the catalogue of lots.
 
4. Development of Auctions.
Each Auction will be published on the website www.gobid.es according to the terms and conditions indicated in the General and Specific Conditions. GOBID ESPAÑA SL reserves the right to cancel, extend or interrupt the Auction at its own discretion.
The registered user consents to and expressly accepts all objective and subjective problems and conflicts that may arise from the use of an Auction conducted online, and states that GOBID ESPAÑA SL is released from all liability for any loss or damage caused as a result thereof.
 
Any liability of GOBID ESPAÑA SL for damages or losses caused to the registered user directly and/or indirectly is excluded, such liability being limited solely to cases where there is wilful misconduct or gross negligence.
GOBID ESPAÑA SL shall in no way be liable for the user's own actions that cause damage, malfunction, incorrect display and/or improper use of the website www.gobid.es, whether before, simultaneously with or after the auction process.
In all matters not provided for in the general conditions, the provisions contained in the terms of use of the website www.gobid.es shall apply.

5. Participation in Auctions.
The user registered on the page www.gobid.es will be obliged to register for each Auction by accepting 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 ESPAÑA SL. Authorization will be granted by GOBID ESPAÑA SL only once the deposit has been received. The payment methods for the deposit will be indicated in the Specific Conditions of the Auction.
Users who have participated in the procedure but have not been awarded any goods will receive their deposit within 20 business days following the conclusion of the Auction and 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 complementary services and completed the acquisition of the goods purchased at auction through the processing of the bureaucratic procedures provided for in the sale and always with prior authorization from the Principal. In these cases, the deposit may be deducted from any costs that may be generated as complementary services, as well as from other costs at the Principal's discretion.
 
If the purchaser has paid the deposit by debit/credit card, GOBID ESPAÑA SL will proceed with the refund by bank transfer once the goods have been collected and the acquisition has been completed as set out in the previous paragraph.
 
The deposit will be retained in the event of non-compliance with the general terms of payment for the awarded lots.

6. Submission of bids.
Offers aimed at acquiring the lots published on the platform may be made by registered users authorized to participate in the Auction and will be collected within each lot sheet present on www.gobid.es.
Offers will always be binding to the check of the indicated prices and the increment conditions.
 
GOBID ESPAÑA SL reserves the right to cancel any bid in the event that inconsistencies are found between the General Conditions and its Specific Conditions.
 
Bids may be of two types, static or dynamic (proxy bid):
A simple static bid is considered a fixed-price bid.
A maximum dynamic bid (proxy bid) is considered a dynamic-price bid for the lot, not visible to other users.
When a registered user enters a static bid, it may be exceeded by a bid from other users. In this case, the user will be obliged to enter another static bid in order to be awarded the lot.
If the registered user enters a maximum bid (proxy bid), it will be held valid until it is exceeded by a bid from other users that is higher than the set maximum bid. Increments will be automatic and will be based on the indicated minimum values, with a view to exceeding the other bids submitted until the maximum amount entered is reached.
Bids will be accepted until the date and time of completion indicated for the specific Auction. If bids are registered in the last 5 minutes, the deadline for submitting bids will be extended by a period established in the Specific Conditions of each Auction.
 
6.1 Auction without minimum price
 
In the case of auctions without a minimum price, the user may offer an amount equal to the indicated amount or increase it by the recommended minimum increment through the corresponding sliders, or may type the amount they wish to offer.
 
Bids made will be considered irrevocable.
When a user submits a bid, it may be exceeded by a bid from other users. In this case, the user will have to submit a new static bid in order to be the best bidder and take part in the award of the lot.
 
7. Award of the lots.
At the end of each auction, the provisional award phase of the lots will begin. This phase will have a maximum duration 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 ESPAÑA SL 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 made the next highest bid, and so on.
Bids made are binding and constitute a formal commitment to purchase.
 
 
8. Payment.
The registered user awarded one or more lots is obliged to comply with the Specific Conditions of the Auction, where the terms of payment, collection and indemnity clauses in the event of non-compliance will be specified. If payment of the amounts due is not completed within the established terms, the sale will be automatically deemed concluded. The user will lose the deposit (if provided for), which will be retained as indemnity 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 borne by the buyer.
 

9. Guarantees
Any liability of GOBID ESPAÑA SL regarding the existence of total or partial error in the descriptions of the lots offered for sale is excluded. For each Auction, Specific Conditions will be published detailing the specific information about it and its lots. In addition, for all matters not provided for in the general conditions, the provisions contained in the terms of use of the website www.gobid.es will apply.

For all matters not expressly provided for in the general and specific conditions, the provisions set out in the procedure will apply and, for matters not regulated therein, the provisions of the Insolvency Act and the Civil Procedure Act will apply, which will only apply supplementarily.
The lots will be sold in the condition in which they are found.

A visit to the lots offered for sale is expressly recommended in order to verify their actual condition. GOBID ESPAÑA SL and the bodies of the process are released from liability for any errors, omissions and inaccuracies in the photos, descriptions, and other details expressed in the catalogue of the lots offered for sale. For this reason, GOBID ESPAÑA SL will make available to interested parties various means so that they can carry out these visits to the assets in auctions.
GOBID ESPAÑA SL and the bodies of the procedure do not recognize any type of post-sale guarantee in favor of purchasers, expressly denying any right of this nature.
The purchaser, by accepting these conditions, releases GOBID ESPAÑA SL and the bodies of the procedure from any liability for warranty rights or third-party rights over the assets subject to the sale.

GOBID ESPAÑA SL 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 its part.
GOBID ESPAÑA SL 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.es
Any liability of GOBID ESPAÑA SL for malfunction of the system that may harm or delay the delivery of communications to the registering user is excluded.
The competitive procedure may be suspended and/or postponed at the discretion of GOBID ESPAÑA SL in agreement with the Principal, whether for technical reasons of connection to the system that may depend on malfunction of the server or network, or at its own judgment for different reasons.
The recordings 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 timing of the documents/messages exchanged by email. The registering subjects declare and acknowledge that the system recordings constitute full evidence of the relations between the parties. Such recordings are confidential and will not be disclosed to third parties, except in cases expressly provided for or under order of the Judicial Authority.
For all matters not provided for in the general conditions, the provisions contained in the terms of use of the website www.gobid.es will apply. 
 
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 Spanish version of the text shall prevail as evidence of their intention.