34053: Gewerbeimmobilie in Benidorm, Alicante

Table of Contents:
Art. 1. Definitions
Art. 2. Applicability
      2.2. Specific Conditions
Art. 3 Publication of the Auctions
Art. 4. Conduct of the Auctions
Art. 5. Participation in the Auctions
Art. 6. Submission of bids
Art. 7. Award of lots
Art. 8. Payment
Art. 9. Guarantees 
 
 
1. Definitions
·          GOBID SPAIN SL: Manager of the online auction website http://www.gobid.es, headquartered in Malaga, Esperanto Street No. 4, 29007, Tax ID: B72551898, authorized with a sales mandate for real estate and movable property
·          Gobid.es: Trade name under which GOBID SPAIN SL operates
·          www.gobid.es: The website managed by GOBID SPAIN SL for the sale of goods.
·          Auction: online sale of goods published on the website www.gobid.es
·          Lot: A good or set of goods subject to auction.
·          Registered user: User registered on www.gobid.es
·          Registration for the auction: 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 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 the user is willing to pay for the lot.
·          Minimum increment: bids must be placed in steps using a predetermined amount.
·          EXTRA-TIME: Time available after the auction deadline for submitting new bids.
·          Award: Declaration by GOBID SPAIN 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.
·         Days: when it is not specified whether they are calendar days or business days, they shall be understood to be calendar days.


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 it.

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

3. Publication of the Auctions.
The Auctions will be published on the website www.gobid.es indicating the conduct dates and the catalogue of lots.
 
4. Conduct of the Auctions. 
Each Auction will be published on the website www.gobid.es according to the terms and conditions set out in the General and Specific Conditions. GOBID SPAIN 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 SPAIN SL is released from all liability for any loss or damage caused as a result thereof.
 
Any liability of GOBID SPAIN SL for damages or losses caused to the registered user directly and/or indirectly is excluded, limiting such liability solely to cases of wilful misconduct or gross negligence.
GOBID SPAIN 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, during or after the auction process.
For 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 the Auctions.
The user registered on the website www.gobid.es must 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 SPAIN SL. Authorization will be granted by GOBID SPAIN 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, 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 goods, settled any costs for complementary services and completed the acquisition of the goods acquired at auction through the processing of the administrative formalities provided for in the sale and always with prior authorization from the Principal. In these cases, the deposit may be deducted from 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 SPAIN 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 payment terms 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 record available at www.gobid.es.
Bids will always be subject to verification of the indicated prices and to the increment conditions.
 
GOBID ESPAÑA SL reserves the right to cancel any bid if 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.
The 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 outbid by a bid from other users. In this case, the user will be required to enter another static bid in order to be awarded the lot.
If the registered user enters a maximum bid (proxy bid), it will remain 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 using the corresponding sliders, or may type 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 highest bidder and compete for 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. In this phase, if the bid is confirmed, 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 may be made in favor of the bidder who made the next best bid, and so on, as established in the specific conditions of the auction.
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 forfeiture 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 ESPAÑA SL is excluded in relation to the existence of total or partial errors in the descriptions of the lots offered for sale. For each Auction, specific Conditions will be published detailing the specific information about 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 supplementarily.
The lots will be sold in the condition in which they are found.

Visiting the lots for sale is expressly recommended in order to verify their actual condition and status. GOBID ESPAÑA SL and the bodies involved in the process are released from liability for any errors, omissions or inaccuracies in the photos, descriptions and other details expressed in the catalogue of the lots for sale. For this reason, GOBID ESPAÑA SL will make various means available to interested parties so that they can carry out these visits to the goods in auction.
GOBID ESPAÑA SL and the bodies involved in the procedure do not recognize any type of post-sale warranty in favor of purchasers, expressly denying any right of this nature.
By accepting these conditions, the purchaser releases GOBID ESPAÑA SL and the bodies involved in the procedure from any liability for warranty rights or third-party rights over the goods 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 in which 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 system malfunction 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 server or network malfunction, or at its own judgment for various reasons.
The records present in the log file generated by the system constitute full and exclusive evidence between 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 relationships 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.
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