GENERAL TERMS AND CONDITIONS
Table of contents:
1. Definitions
• GOBID INTERNATIONAL AUCTION GROUP SRL: owner and operator of the online auction website http://www.gobidreal.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT No. - Tax Code 09441470961, hereinafter also referred to as "Gobid Group".
• Seller: the party that owns the Asset offered for sale.
• Gobidreal.it: a registered trademark owned by Gobid Group.
• www.gobidreal.it: the web portal operated by Gobid Group for the sale of Assets on commission, also referred to as the "Website" or the "Platform".
• Offer Collection: the procedure for collecting irrevocable purchase offers through the www.gobidreal.it platform, also identified by the reference "Listing".
• Auction: the online procedure for the sale of Assets through the www.gobidreal.it platform, also referred to as the "bidding process".
• Lot: an Asset or a group of Assets available for sale in a single sale attempt.
• Sale attempt: a competitive procedure aimed at maximising the sale price of the asset, conducted electronically and managed through the www.gobidreal.it portal, in accordance with the rules and terms set out in the Sale Conditions applicable to the sale attempt. Please note that the term "Sale attempt" or "sale", where used in these conditions, is for descriptive and conventional purposes only and may refer, depending on the provisions in the descriptive sheet for the lot, not only to procedures aimed at transferring ownership of the asset, but also to competitive procedures with a different legal purpose (such as, by way of example and without limitation, leasing, renting, etc.). In any event, for the purposes of determining the legal nature of the relationship and the effects arising from the sale attempt, only the information expressly stated in the descriptive sheet for the individual lot shall be authoritative and shall prevail over these definitions in the event of any discrepancy.
• User: a user registered on www.gobidreal.it, also referred to as a Bidder.
• Registered User: a user registered on www.gobidreal.it, also referred to as a Bidder.
• "Make an offer": a feature that allows the Registered User to submit an offer for the Offer Collection.
• Bidder Number: identification number of the Registered User.
• General Conditions: these terms and Conditions.
• Specific Conditions: the specific terms and Conditions applicable to the sale attempt, available in the Listing/Auction details.
• Sale Notice: the terms and conditions applicable to the sale attempt.
• Sale Conditions: a general term referring collectively to the sale conditions set out in the General Conditions, the Specific Conditions and the Sale Notice, where applicable.
• Security deposit: the amount to be paid in order to submit an offer and participate in the sale attempt, where required.
• Starting Price: the starting price set for each Lot.
• Minimum Offer: the minimum amount that may be offered for the offer to be valid, in all cases subject to the Seller's approval.
• Reserve Price: the minimum price whose attainment authorises the award of the Lot, unless otherwise stated in the conditions applicable to the sale attempt.
• Current Price: the current price of the Lot.
• Single Bid: the amount entered by the User to increase the current price of the Lot.
• Maximum Bid (proxy bid): the maximum amount the User is willing to pay for the Lot.
• Minimum Bid Increment: the predetermined amount to be added to the Current Price in order to increase the bid during the bidding process.
• Extra Time: the period by which the Auction duration is extended to allow further bids during the bidding process.
• Sale Price: the Lot's award amount as determined when the sale attempt is deemed concluded.
• Award: the conclusion of the sale attempt with the Lot awarded to the highest bidder.
• Award Confirmation: the notice sent by Gobid Group to the party identified as the highest bidder at the end of the sale attempt, summarising the award price and the Auction fees (Buyer's Premium) payable.
• Successful Bidder: the party to whom the Lot is awarded as the highest Bidder.
• Sale Price/Award Price: the Lot's award amount as determined at the end of the sale attempt.
• Buyer's Premium: the fees payable to GOBID GROUP for managing the sale attempt, charged to the Successful Bidder and calculated as a percentage of the award price, plus VAT.
2. Applicability
These Conditions govern the terms and Conditions of the sale attempt and apply together with:
• the "Terms of Use" of the www.gobidreal.it website, accepted during registration on the website;
• the Specific Conditions published in the Listing/Auction details of interest.
• the Sale Notice, where applicable.
If the Specific Conditions and/or the Sale Notice (where applicable) provide for terms that differ from those set out in these General Conditions, the individual differing provision in the Specific Conditions and/or the Sale Notice (where applicable) shall prevail.
In the event of any conflict between provisions set out in the Specific Conditions and the Sale Notice, the provisions set out in the Sale Notice shall prevail.
These conditions, together with the Specific Conditions and/or the Sale Notice, where applicable (collectively, the Sale Conditions), govern the procedures for conducting and participating in the Sale Attempt.
By participating, the Registered User declares that they have carefully read the Sale Conditions applicable to the sale attempt and accept them without reservation.
For 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 www.gobidreal.it website.
3. Main Conditions of the sale attempt
Through the www.gobidreal.it platform, Gobid Group promotes the sale of Assets based solely on the information provided by the Seller, without verification or reprocessing.
For this reason, please note that Gobid Group:
• is not liable for any errors, omissions or inaccuracies in the information published online.
• does not own, nor is it to be considered the Custodian of, the Assets covered by this sale attempt, which are owned by the Seller.
• is not liable for any defects, faults or total or partial lack of quality of 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 warranties as to their characteristics or state of preservation.
For this reason, before submitting an offer, you are strongly advised to inspect the Assets and the documentation made available, and to carry out your own checks, at your own expense and responsibility, before submitting an offer.
By completing the offer submission process, as described below, the User submits a binding offer; it will therefore not be possible to amend or withdraw the offer submitted. Users are advised to always check their offer before confirming it.
4. Viewing of the Assets
Interested parties may view the assets:
• online, using the available documentation;
• in person, by booking in advance at [email protected] or by calling +39 02 86882269, or via the "Request Viewing" section.
Viewings are not permitted on Saturdays, Sundays or public holidays. Please note that viewings cannot be guaranteed during the 7 days preceding the offer submission deadline; we recommend submitting viewing requests 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 Assets will be viewed under their sole responsibility, expressly indemnifying 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. Each interested party is therefore responsible for taking the necessary precautions when viewing an Asset, according to its nature.
5. Conduct of the Sale Procedure and Participation Methods
The sale procedure will take place on the www.gobidreal.it platform, in accordance with the terms and conditions set out in the General and Specific Terms and Conditions of Sale applicable to this sale procedure.
The sale procedure will be divided into two phases:
• PHASE 1 – Collection of Irrevocable Purchase Offers
• PHASE 2 – Online Auction (if applicable).
The description provided in the Auction/Listing details forms an integral part of these Terms and Conditions of Sale.
PHASE 1 – COLLECTION OF IRREVOCABLE PURCHASE OFFERS
Offers will be collected for the period indicated in the Listing; during this period, each interested party may register for the Listing and submit an offer, as described below.
To submit an offer, each interested party must access the listing page and click the "MAKE AN OFFER" button.
The User must then log in to/register on the platform using their credentials, carefully review the General and Specific Terms and Conditions of Sale applicable to this sale procedure, and accept them.
Once this step has been completed, the User may enter the amount they wish to offer for the purchase of the Lot and confirm the amount entered.
After completing the guided form, to formalize their offer, the Bidder must download the offer form and, if necessary, fill in any blank fields.
Once completed and signed, the form must be sent from the email address used by the User to register on the portal to the certified email address [email protected].
In addition to the offer form, the Bidder must also send:
- a copy of the payment receipt for the deposit paid;
- the required documentation, as specified in the Specific Terms and Conditions.
To be considered valid, irrevocable purchase offers must be accompanied by payment of the required security deposit. Such payment shall itself constitute a formal purchase commitment by the signatory of each offer. The required documentation, as specified in the Specific Terms and Conditions, must also be provided.
The security deposit must be paid in the amount specified in the Specific Terms and Conditions, by bank transfer to the account indicated therein and in the offer form.
Please note: the payment reference provided by the system when submitting the irrevocable offer, and shown on the offer form, must be entered as the bank transfer reference.
The User must pay the security deposit well in advance of the offer submission deadline.
If participants are not awarded any Asset, unless otherwise specified in the Specific Terms and Conditions, the security deposit will be refunded without interest within 20 business days of the end of the Sale Procedure.
If one or more lots are awarded, the security deposit will, unless otherwise specified in the Specific Terms and Conditions, be refunded after ownership has been transferred to the successful bidder.
Without prejudice to the right to claim compensation for any additional damages, the security deposit will be retained as a penalty if the payment deadlines are not met for reasons attributable to the Successful Bidder.
An offer is invalid if it is below the price applicable to the sale procedure (base price/minimum offer, where applicable), if the submission process is completed after the established deadline, or if the Bidder fails to pay the security deposit within the prescribed time limits.
The offer is irrevocable until the award process has been completed.
Once the offer collection period has ended, the irrevocable purchase offers will be assessed to determine whether they are admissible.
The Seller and/or Gobid Group reserve the right, at their sole discretion, to accept or reject the irrevocable purchase offers submitted by bidders. Participation in the sale procedure does not therefore give rise to any right or legitimate claim to the transfer of the asset in favour of the Bidder. Accordingly, if an offer is not accepted, the security deposit paid will be made available to the Bidder again.
By participating in the sale procedure, the Bidder declares, now and for the future, that they are aware of the above and waive any right to bring an action against the Seller and/or Gobid Group seeking possible compensation for damages resulting from the Lot not being awarded to them.
If an offer is rejected, Gobid Group will notify the bidders by email that the offer is inadmissible.
If, at the end of Phase 1 – Collection of Irrevocable Purchase Offers, only one offer has been admitted, the Lot may be awarded to the sole Bidder without opening Phase 2 – Online Auction.
If there are multiple valid offers, the highest offer received will be used as the starting bid for a competitive sale procedure to be held online on the www.gobidreal.it platform (PHASE 2).
PHASE 2 – ONLINE AUCTION
Unless otherwise specified in the Specific Conditions of Sale, only those who submitted a valid bid during PHASE 1 – Bid Collection, as indicated above, will be admitted to participate.
The Online Auction published on the website www.gobidreal.it will last at least 1 day.
The opening and closing dates and times of Phase 2 – Online Auction will be communicated to all bidders by Gobid Group.
The highest bid collected at the end of PHASE 1 - Bid Collection will be formalized by Gobid Group, in the name and on behalf of the Bidder, by placing an online bid on the platform www.gobidreal.it for an amount equal to the value of the aforementioned bid, while the other bidders will be enabled to participate in PHASE 2 – Online Auction and invited to place a higher bid on the platform www.gobidreal.it, according to the procedures published online on the web page dedicated to the Auction.
If multiple bids are received for the same Lot, priority will be given to the highest bid received or, in the case of bids for the same amount, to the bid received first in chronological order (in this case, priority will be given to the first bidder to have paid the required security deposit, with the amount consequently credited to the current account specified in the Specific Conditions of Sale, following submission of the aforementioned bid).
Gobid Group will ensure that all bidders are informed as to whether or not they are the highest bidders when the aforementioned irrevocable purchase offer is formalized.
If bids are placed in the last 5 minutes before the deadline, the auction will automatically be extended by 5 (five) minutes from the last bid received, to give all bidders the opportunity to place further bids (extra time).
Please note that Gobid Group may always reserve the right to suspend the auction procedure, for any reason and/or cause, without bidders and/or any third party being entitled to raise objections.
The portal www.gobidreal.it will ensure that each Bidder's personal data are not visible to other bidders until the online sale has definitively concluded.
Types of bids
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 offer equal to the amount entered by the User in accordance with the Conditions applicable to this auction.
• A maximum dynamic bid (proxy bid) is considered a dynamic-price offer for the Lot and is not visible to other users.
When a registered User enters a static bid, it may be outbid by another user's bid. The User will then have to enter another static bid to win the Lot.
If a registered User enters a maximum bid (proxy bid), it will be considered valid until it is outbid by another user's bid that exceeds the maximum bid. Bids will be placed automatically, based on the minimum increments indicated, in order to exceed other bids submitted, up to the amount entered.
Bids will be considered valid only if submitted during the Auction period.
Extra time
In the case of an Online Auction, 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 indefinitely: 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 bids placed in response to a maximum bid (proxy bid) will also be considered winning bids.
6. Awarding of the Auction
At the end of the auction, the process of reviewing and awarding the Lots will begin and will last a maximum of 10 working days, unless otherwise specified in the Specific Conditions.
If there is a single bid at the end of PHASE 1 – Bid Collection, the Lot will be awarded to the sole Bidder.
At the end of Phase 2 – Online Auction, the Lot will be awarded to the bidder who submitted the highest valid bid by the end of the auction or any extension period.
If multiple bids are collected at the end of PHASE 1 – Bid Collection, and no higher bids are placed during Phase 2 – Online Auction, the Lot will be awarded to the User on whose behalf Gobid Group formalized the irrevocable purchase offer by placing an online bid, as specified above.
The deadline by which the successful bidder must pay the purchase price will begin on the date the auction is awarded.
No subsequent higher bids submitted after the end of the auction will be taken into consideration.
Participants who are not successful bidders will have their security deposit refunded by bank transfer, without interest, within 20 working days of the auction deadline.
In the event of default, the successful bidder will be declared to have forfeited the award, the security deposit will be retained as compensation, and the Lot may be put up for sale again, subject to agreement with the Owner.
7. Payment of the purchase price and transfer of ownership
The deadlines for payment of the awarded Lot and the expenses connected with the sale will begin upon confirmation of the award.
Payment must be made within the deadlines and according to the procedures indicated in the Specific Conditions of Sale.
If the Lot is awarded, unless otherwise specified in the Specific Conditions, the security deposit paid to participate in the auction will be made available to the successful bidder, without interest, only after the transfer of ownership has been completed, in accordance with the Specific Conditions of Sale referred to herein.
The sale will therefore transfer ownership to the successful bidder only upon execution of the aforementioned notarial deed.
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 seek recovery of any remaining amount.
It is understood that ownership will be transferred only after full payment of the purchase price, the expenses connected with the sale, and the Auction Commission (Buyer's Premium) due to the auction house Gobid Group for managing the online auction.
The buyer shall bear the notarial fees, statutory taxes, and all expenses connected with the sale, whether tax-related or otherwise.
Unless otherwise specified in the Specific Conditions of Sale, 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 specified in the Specific Conditions or agreed between the Parties.
Submitting a bid in accordance with the Conditions of Sale applicable to the online auction 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 will be rescinded, and the security deposit paid will be retained as compensation.
8. Buyer’s Premium
Irrevocable purchase offers collected during Phase 1 – Offer Collection, as well as any bids placed during Phase 2 – Online Auction, will be subject to a buyer’s premium for the management of the online sale. The successful bidder shall pay the buyer’s premium due to the Gobid Group auction house, calculated as a percentage of the sale price, plus VAT.
For the applicable percentage, please refer to the Specific Conditions of Sale.
The right to payment of the buyer’s premium arises upon the award of the lot; notwithstanding the provisions set out in the section “Payment of the Price and Transfer of Ownership”, in the event of non-payment, including partial non-payment, Gobid Group reserves the right to pursue compulsory recovery of the debt, without prejudice to any further rights and remedies provided by law.
If the award is revoked for reasons attributable to the successful bidder, the latter shall in any case be required to pay the aforementioned amounts, which, if paid, will therefore be retained by Gobid Group.
9. Publication
All sale events are published on the website www.gobidreal.it, together with the dates of the sale event, the Conditions of Sale, information on lots eligible for bids, and details of the sale event.
The duration of the Sale Event is indicated on the Listing/Auction page and in the specific conditions and/or the Notice of Sale (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 event or the award may in any case 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 damages or compensation in favor of the registered User and/or successful bidder.
All operations performed by the user on the platform are recorded. The records contained in the log file generated by the system shall constitute full and exclusive evidence between all parties to this competitive procedure as to the content and timing of documents/messages exchanged electronically. Persons who register declare and acknowledge that the system records shall constitute full evidence of the relations 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 person registering, 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 submitted bids if discrepancies are found with the Conditions of Sale applicable to the sale event in question.
In the event of any disputes concerning the interpretation of the provisions set out in the general and specific conditions published on the platform, which may have been translated into other languages, the Italian version of the text shall prevail.
10. Warranties
Each Asset is sold by the Seller on an “as seen and accepted” basis, in the condition in which it is at the time of sale, without warranties.
The existence of any defects, lack of quality or discrepancies in the item sold, or charges of any kind, shall not give rise to any compensation, indemnity or reduction in price.
Through the platform www.gobidreal.it, Gobid Group promotes the sale of the Seller’s Assets 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 does not own, nor is it to be considered the custodian of, the Assets covered by this sale event, which are owned by the Seller.
Gobid Group shall therefore not be liable for any defects or lack of quality, whether total or partial, in the Assets offered for sale.
All Assets are sold in the condition in which they are at the time of sale (“as seen and accepted”), without 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.
Each participant is responsible for reviewing in advance, in full and carefully, the General and Specific Conditions of Sale applicable to this sale event, 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 shall not be liable for any errors, omissions or inaccuracies in the photographs, descriptions, quantities or any other details stated in the Auction/Listing.