GENERAL TERMS AND CONDITIONS
 
Table of Contents:
Art. 1. Definitions
Art. 2. Applicability
      2.2. Specific Conditions
Art. 3 Publication of Auctions
Art. 4. Conduct 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, with registered office in Malaga, Esperanto Street No. 4, 29007, CIF: B72551898, authorized with a Sales Mandate for real estate and movable assets
·          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: Asset or set of assets subject to auction.
·          Registered user: User registered at www.gobid.es
·          Auction registration: Prior authorization required so that the registered user may 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 for 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 that the user is willing to pay for the lot.
·          Minimum increment: bids must be made in increments by a predetermined amount.
·          EXTRA-TIME: Time available from the auction deadline for submitting new bids.
·          Award: Declaration by GOBID ESPAÑA SL that a lot is sold to the highest bidder.
·          Sale price: Award amount of the lot at the time the auction is deemed concluded.
·          Buyer’s Premium: Percentage amount calculated on the sale price declared in the award of the auction.

2. Applicability.
These conditions apply generally to any use of the website www.gobid.es and in particular to the publication and conduct of the Auction, as well as to the terms and conditions of users participating 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.esindicating the conduct dates and the catalogue of lots.
 
4. Conduct of Auctions. 
Each Auction will be published on the website www.gobid.esaccording to the terms and conditions set out 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 expressly consents to and accepts all objective and subjective problems and conflicts that may arise from the use of an online Auction, 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 direct and/or indirect damage or loss caused to the registered user is excluded, such liability being limited solely to cases of wilful misconduct or gross negligence.
GOBID ESPAÑA SL shall in no way be liable for the user's own actions causing 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 website www.gobid.esshall be required 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 asset 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 acquired assets, settled any costs for supplementary services and completed the acquisition of the assets acquired at auction through the processing of the bureaucratic formalities provided for in the sale, and always with prior authorization from the Principal. In these cases, the deposit may be deducted from the costs that may be generated as supplementary 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 reimbursement by bank transfer once the assets 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.
Bids aimed at acquiring the lots published on the platform may be placed by registered users authorized to participate in the Auction and will be collected within each lot page on www.gobid.es.
Bids will always be binding on the verification of the indicated prices and the increment conditions.
 
GOBID SPAIN SL reserves the right to cancel any bid in the event that inconsistencies are found between the General Conditions and the Specific Conditions thereof.
 
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 per lot, not visible to other users.
When a registered user places a static bid, it may be outbid by a bid from other users. In this case, the user will be required to place another static bid in order to be awarded the lot.
If the registered user places a maximum bid (proxy bid), it will be held valid until it is outbid by a bid from other users that is higher than the established maximum bid. The increments will be automatic and will be based on the indicated minimum values, with a view to outbidding the other bids submitted up to reaching the maximum amount entered.
Bids will be accepted until the end date and time indicated for the specific Auction. If bids are registered in the last 5 minutes, the deadline for placing bids will be extended by a period established in the Specific Conditions of each Auction.
 
6.1 Auction without a 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 enter the amount they wish to offer.
 
Bids placed will be considered irrevocable.
When a user submits a bid, it may be outbid by a bid from other users. In this case, the user will have to submit a new static bid in order to become the best bidder and compete for the award of the lot.
 
7. Award of lots.
At the end of each auction, the provisional award phase for the lots will begin. This phase will last a maximum of 48 business hours, unless otherwise established in the Specific Conditions. In this phase, a provisional award confirmation will be sent to the highest bidder. GOBID SPAIN SL reserves the right to interrupt or cancel the auction or the award of 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 expressed in the established terms, the award will be made in favor of the bidder who placed the next best bid, and so on.
Bids placed 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 lapse of the award, in agreement with the Principal. The existence of any damage detected after collection of the awarded lots will be entirely at the buyer's expense.
 

9. Warranties
Any liability of GOBID SPAIN SL relating to the existence of total or partial error in the descriptions of the lots offered for sale is excluded. Specific Conditions will be published for each Auction, detailing the specific information on the auction and its lots. In addition, in 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 all matters not expressly provided for in the general and specific conditions, the provisions set out in the procedure and, for matters not regulated by it, the provisions established in the Insolvency Act and the Civil Procedure Act will apply, which will only apply on a supplementary basis.
The lots will be sold in the condition in which they are found.

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

GOBID SPAIN SL is not liable for damages or losses caused directly and/or indirectly, limiting such liability solely to cases in which there is willful misconduct or gross negligence on its part.
GOBID SPAIN 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 SPAIN 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 SPAIN SL in agreement with the Principal, whether for technical reasons of connection to the system that may depend on server or network malfunction, or at its own judgment for different reasons.
The records 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 parties declare and acknowledge that the system records constitute full evidence of the relations between the parties. Such records are confidential and will not be disclosed to third parties, except in cases expressly provided for or under order of the Judicial Authority.
In 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 and translated into other languages, the Spanish version of the text will be authoritative as to their intention.