GENERAL TERMS AND CONDITIONSThis is a collection of irrevocable purchase offers relating to the lots published on the platform
www.gobidreal.it.
Please note that the irrevocable purchase offers covered by this collection do not impose any obligation or commitment to sell on the PRINCIPAL, nor any costs for any brokerage or consultancy services (other than the assignment granted to the AGENT), and do not constitute invitations to make offers, offers to the public
ex Art. 1336 of the Italian Civil Code, or solicitations of public savings
ex Art. 94 et seq. of Legislative Decree No. 58/1998.
For the participation rules and all information relating to the aforementioned collection, please refer to the specific terms and conditions published on the platform
www.gobidreal.it.
Table of Contents: · Art. 1. Definitions
· Art. 2. Applicability
· Art. 3. Publication and conduct of auctions and listings
· Art. 4. Participation procedures and submission of offers
· Art. 5. Irrevocable purchase offer
· Art. 6. Obligations of the Principal
· Art. 7. Buyer’s Premium
· Art. 8. Costs
· Art. 9. Security Deposit
· Art. 10. Payments
· Art. 11. Transfer of ownership
· Art. 12. Warranties
Art. 1 Definitions: GOBID INTERNATIONAL AUCTION GROUP S.r.l.: Owner and operator of the online auction website http://www.gobidreal.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT No. and Tax Code 09441470961, authorised to conduct auctions under Licence No. 13/2008 issued by the Police Commissioner of Milan on 9/04/2008.
gobidreal.it: Registered trademark owned by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
www.gobidreal.it: The website operated by GOBID INTERNATIONAL AUCTION GROUP S.r.l. for the sale of real estate under an assignment granted by the Principal.
Principal: Person responsible for the Proceedings
Agent:GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Proceedings:insolvency proceedings declared by a Court or a sales assignment granted by private individuals
Auction: Online competitive sale of real estate published on
www.gobidreal.itListing: Publication of a notice concerning the sale or the collection of offers/expressions of interest for real estate, published on
www.gobidreal.itLot: An asset or group of assets offered in an Auction or Listing
Registered User: A user registered on www.gobidreal.it
Auction registration: Authorisation requested by the registered user to participate in an individual
AuctionBidder Number: Identifier of the Registered User
General Terms and Conditions: These terms and conditions
Specific Terms and Conditions: Terms and conditions specific to the Auction
Deposit: Amount to be paid to participate in the Auction.
Starting Price: Starting price of the individual lots
Reserve Price: Minimum price which, once reached, authorises the provisional award of the lot
Current Price: Current price of the Lot, resulting from the bid(s) placed by users
Static 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 Bid Increment: Predetermined amount added to the current price, required in order to submit a static bid.
Extra time : Extension of the time available for placing bids in the auction (see the Extra time section)
Provisional Award: Notice sent to the highest bidder by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Award Price: Amount of the lot's award price, net of any Buyer’s Premium due and any additional fiscal or other charges
Buyer’s Premium: Fee payable to the agent, calculated on the taxable amount of the award price
2. Applicability: These terms and conditions apply to the use of the website www.gobidreal.it and, in particular, to the publication and conduct of auctions and listings, as well as to the terms and conditions governing user participation.
2.1. Specific Terms and Conditions For each auction or listing, where applicable, Specific Terms and Conditions will be published, setting out all specific information relating to the auction or listing and the lots.
These terms and conditions apply unless otherwise specified in the Specific Terms and Conditions for each individual auction or listing
3. Publication and conduct of auctions and listings Auctions and listings will be published on the website www.gobidreal.it, indicating their dates, the lots offered and, where applicable, the general and specific terms and conditions.
GOBID INTERNATIONAL AUCTION GROUP S.r.l., in agreement with the Principal, reserves the right to cancel, extend or suspend the auction or listings.
4. Participation procedures and submission of offers.4.1 Listing User participation in the listing format shall be governed by the Specific Terms and Conditions, where applicable.
4.2 Online Auction4.2.1 Registration processTo participate in the sale, the user must register on the website
www.gobidreal.it, enter their personal details, request registration for the auction and accept its terms and conditions.
The details entered by the person when registering on the website and for the auctions will be the same details to which any award will be made and under which the property will be registered. All payments required, both before and after the sale, must be made by the registered persons. Any powers of attorney or authorisations may be considered subject to the Principal's prior approval.
The user must pay the required security deposit by bank transfer to the account specified in the Specific Terms and Conditions of sale and on the registration page.
Where indicated in the Specific Terms and Conditions of sale, the deposit may be paid online by credit card.
The user must specify the auction number in which they intend to participate and simultaneously send a copy of the bank transfer receipt to
[email protected] The security deposit must be credited before the auction ends, unless otherwise indicated in the Specific Terms and Conditions of sale.
In addition to paying the security deposit, the user must provide the following documents to be authorised to participate in the auction, by uploading them in the "My Documents" section or sending them to
[email protected] - IF AN INDIVIDUAL:
- Copy of a valid identity document belonging to the person in whose name the property will be registered (the property may not be registered in the name of anyone other than the person who signs the registration, in accordance with the procedure described in section 5.1)
- Copy of the tax code
- If the bidder is married under the statutory community property regime, the corresponding details of their spouse must also be provided, together with a copy of their identity document (this document is not binding for the purposes of registration, but required in the event of award)
- IF COMPANIES or ENTITIES:
- Updated company registration report or C.C.I.A.A. certificate
- Copy of a valid identity document of the person who signed the bid on behalf of the company and, if that person is not the legal representative, a copy of the document evidencing their powers
- Copy of the tax code of the person who signed the bid
- Any duly legalized translation of the company registration certificate, if the company is not Italian
- Special power of attorney received or authenticated by a notary, in the event of participation through a representative
Where required by the specific conditions, additional documents will be requested to supplement those mentioned above.
5. Irrevocable purchase offer 5.1 Procedure for finalizing offers at the auction starting price
The combined effect of crediting the security deposit, completing registration for the auction—with express acceptance of the general and specific terms of sale published online at www.gobidreal.it—and the user's submission of all supporting documentation required, as specified above in section 4.2.1, shall be deemed equivalent to an irrevocable purchase offer at the price set as the starting price for each sale attempt and shall itself constitute a binding purchase commitment on the part of the user.
This offer will be entered on the platform directly by the Agent by placing an online bid on behalf of the first user to complete the procedure described above.
If several participants have formally submitted their irrevocable purchase offers in the manner described above, and none of the bidders places a higher bid on the Platform, the highest bidder and, therefore, provisional successful bidder shall be the person who, first in chronological order:
- completed the procedure described above.
The Agent shall inform all bidders by any means whether or not they are the highest bidders when the aforementioned irrevocable purchase offer is formalized.
5.2 Submission of offers to increase the starting price. Placing higher bids The offer entered for the first bidder may be outbid by higher bids placed by any authorized user.
A user wishing to be the highest bidder (and therefore the provisional successful bidder) must have submitted the highest offer at the end of the online auction.
Clearly, if several participants place higher bids on the offer at the auction starting price, the user recognized as the "first bidder" may also compete to win the lots by placing higher bids on the current price.
To win the lot(s) for sale, users will be invited to increase the price shown in the auction (and therefore place at least one higher bid) as follows:
5.2.1 Fixed bid A "fixed bid" means a bid at the price published online, plus a predetermined minimum increment.
5.2.2 Maximum bid (Proxy Bid):
A "proxy bid" means a maximum-value offer. It is the maximum amount the user is willing to offer for each lot. Each bidder enters the proxy bid value manually.
Until the user's maximum offer is outbid by a higher offer, that user will remain the highest bidder and, therefore, the provisional successful bidder.
The current price will automatically adjust according to the predetermined bid increments, up to the value set as the "maximum bid".
The value of a user's maximum offer (proxy bid) will not be visible to other users.
5.3. Validity of offers In all cases (fixed bid—maximum bid—open offer), offers will be considered valid only if submitted during the auction period.
5.3.1 Extra time 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 most recent bid received. This extension will continue for every winning bid received within the 5-minute extra-time period, until the available time expires.
In the event of extra time, 5 minutes must pass without any further offer being registered after the most recent bid received before the auction can be considered definitively closed.
Automatic bids placed in response to a maximum offer (proxy bid) will also be considered winning bids.
5.4. Awarding of the lots At the end of each auction, following a review phase, the highest bidders will be sent confirmation of provisional award pursuant to Article 107 of the Bankruptcy Act, and will be required to make payment by the deadline set out in the specific terms of sale.
The provisional award will be granted to the bidder who submitted the highest offer for each lot or, if no further bids are placed, to the bidder recognized as the first in chronological order to complete the procedure for finalizing the irrevocable purchase offer described in section 5.1.
In the event of an award, the full purchase price must be paid by bank transfer to the account held in the name of the proceedings, within the deadlines set out in the specific terms, failing which the award shall be forfeited and the security deposit permanently lost.
The deed of sale shall be executed by notarized deed in accordance with the procedures established by the Principal (described in section 11, Transfer of ownership)
Submitted offers are binding and constitute a formal purchase commitment. If the successful bidder fails to pay the amount due within the deadlines set out in the specific terms of sale, or if the award is forfeited, the sale shall automatically be deemed terminated and the security deposit shall be retained in accordance with the procedures set out in the "Security Deposit" section. In this case, the award shall be made successively to the next highest bidder, who must have completed the procedure described in section 5.1 or placed a higher bid, as explained in section 5.2.
5.5 Other provisions Where permitted by law, the Principal, as the party responsible for the sale procedure, may exercise the right provided for in Article 107, paragraph four, of the Bankruptcy Act and suspend the sale if it receives an irrevocable purchase offer that improves on the existing offer by an amount of no less than ten percent of the price offered
In any event, GOBID INTERNATIONAL AUCTION GROUP S.r.l. reserves the right to suspend the auction or the award of the lots in agreement with the Principal.
6. Obligations of the PrincipalPursuant to Article 107 of the Bankruptcy Act, the Principal undertakes to notify each mortgage creditor or creditor otherwise holding a preferential claim at least 20 days before the date set for the conclusion of each sale attempt, and to inform the Delegated Judge and the Creditors' Committee of the outcome of each sale attempt, filing the relevant documentation with the Court Registry.
The Principal declares that any registrations relating to rights of pre-emption, records of attachments and precautionary seizures, and any other encumbrances affecting the real estate offered for sale, shall be cancelled pursuant to Article 108 of the Bankruptcy Act once the sale has been completed and the full price received. Unless otherwise provided in the specific conditions of sale, all formalities for cancellation shall be carried out at the award recipient's expense.
7. Buyer’s Premium
The fee payable to the Agent shall be borne exclusively by the purchaser and is referred to as the Buyer’s Premium. It shall be calculated on the amount of the winning bid for the asset, in accordance with the procedures set out in the specific terms of sale.
8. Costs The purchaser shall bear the notarial fees, statutory taxes, and all expenses relating to the sale, whether tax-related or otherwise. The Principal shall provide notification of the exact amount of the costs and specify them correctly as soon as possible.
The Principal shall act accordingly, taking into account the tax treatment of the transaction and any tax relief the purchaser intends to claim. The Principal shall therefore verify whether the transaction is subject to VAT or registration tax and, where the relevant conditions are met, specify whether it intends to apply the reverse-charge mechanism.
At the end of the sale, the Agent shall also ask the award recipient whether they intend to claim the first-home tax benefit or any other tax benefit, and shall inform the Principal accordingly so that the Principal can calculate the exact amount of tax payable by the purchaser.
The award recipient shall pay the costs no later than the deadlines specified in the specific terms of sale.
9. Security deposit Participation in the auction is conditional upon payment of a mandatory security deposit, the amount of which is specified in the specific terms of sale.
Before being authorized to participate in the auction, participants must pay the amount specified above by bank transfer or, where provided for in the specific terms, by credit card through the platform. Payments must be made as set out in the specific terms of sale.
The security deposit must be credited before the auction closes.
For payments by bank transfer, a BIR transfer (large-value bank transfer) is recommended.
If auction participants do not win any assets, the security deposit shall be refunded within 20 business days of the award, without interest.
If one or more lots are awarded, the security deposit shall be refunded after the purchaser has completed the transfer of ownership of the real estate purchased at auction by means of a notarial deed, subject to authorization from the Principal. In such cases, at the Principal's discretion, the security deposit may be retained to cover any costs attributable to the Procedure or to cover other services provided by the Agent.
If the security deposit is paid by credit card, it shall be charged to the Agent's current account, and the Agent shall refund the amount withheld in accordance with the procedures described above.
If the purchaser wins at least one lot at auction, the Agent may, in agreement with the Principal, deduct the security deposit from the total amount owed by the purchaser.
If, after paying the security deposit, the bidder fails to complete the purchase within the deadlines established in the specific terms of sale, including payment of the winning bid price, the Buyer’s Premium and any additional costs, the sale shall be automatically terminated and the security deposit shall be retained as liquidated damages.
10. Payments The provisional award recipient of one or more lots must comply with the specific terms of the auction, which shall specify the deadlines for payment of both the awarded lots and the Buyer’s Premium due, as well as any additional costs, and the applicable compensation clauses in the event of failure to comply with those terms.
All payments must be made in full exclusively by bank transfer, unless otherwise specified in the specific terms. The bank details shall be provided when the user receives confirmation of the provisional award.
If payment of the amounts due is not completed within the established deadlines, the sale shall, in agreement with the Principal, be automatically terminated, and the security deposit shall be retained as liquidated damages, resulting in the award being forfeited.
11. Transfer of ownership Ownership shall be transferred only after full payment of the winning bid price and costs, as provided for in the specific terms of sale, by means of a notarial deed in accordance with the procedures established by the Principal, unless otherwise specified in the specific terms of sale.
In judicial sales, the Principal shall also notify the Delegated Judge so that the Judge may arrange for the cancellation of any prejudicial registrations on the real estate being transferred, pursuant to Article 108 of the Bankruptcy Law, as specified in Article 6.
Once the payment deadlines set out in the specific terms of sale have passed, if the transfer of ownership is not completed, the sale shall be automatically terminated and the amount paid by the award recipient as the Buyer’s Premium shall be retained by the Agent as liquidated damages. The amount paid by the award recipient as a security deposit shall instead be retained in accordance with the provisions of the Security Deposit section.
12. Warranties GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall not be liable for any failure to correspond, or partial correspondence, between the descriptions of the lots offered at auction or in advertisements published on the platform and the actual lots.
For all matters not covered by these general terms or the specific terms, the provisions contained in the Website Terms of Use at
www.gobidreal.it shall apply.
The registered user acknowledges the possible objective and subjective issues arising from the use of an online auction or online advertisement conducted over the Internet, for which GOBID INTERNATIONAL AUCTION GROUP S.r.l. may not be held liable.
GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall not be liable for direct and/or indirect damage or liability, except in cases of wilful misconduct or gross negligence on its part. Under no circumstances shall GOBID INTERNATIONAL AUCTION GROUP S.r.l. be liable for: actions taken directly by the user that may cause damage to or malfunction of the system; inability to view and/or use www.gobidreal.it; unlawful use of www.gobidreal.it; or any event occurring after the auction has concluded.
For all matters not expressly provided for in these general and specific terms, reference is made to the provisions of the Code of Civil Procedure and the Bankruptcy Law.
The sale of real estate is a forced sale (Art. 2919 of the Civil Code). The assets are sold as seen and accepted, in their actual and legal condition. In a forced sale, there is no warranty against defects in the item. The sale may not be challenged on grounds of damage. (Art. 2922 of the Civil Code).
The Agent shall have no liability whatsoever with regard to the existence of third-party rights over assets being sold (Art. 2920 of the Civil Code).
The real estate is sold in its actual and legal condition, together with all appurtenances, additions, rights and claims, and active and passive easements. The sale is of the property as a whole and not by unit of measurement, and is made without any warranty against defects or other deficiencies.
UNAUTHORIZED WORKS, VIOLATIONS, ENCUMBRANCES, COMPLIANCE WITH APPLICABLE REGULATIONS
For further information concerning any unauthorized works, violations, encumbrances or failure of the lots for sale to comply with applicable regulations, please refer to the attached expert appraisal.
The lots are sold as seen and accepted in their current condition.
Inspection of the lots offered at auction is strongly recommended. GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal disclaim all liability for any errors, omissions or inaccuracies in the photographs, descriptions or any other details provided in the auction listings or advertisements; for this reason, inspection of the lots is strongly recommended recommended in order to verify the actual condition of the goods up for auction. No warranty is given by GOBID INTERNATIONAL AUCTION GROUP S.r.l. or the Principal
By accepting these terms, the buyer holds GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal harmless from any warranty or third-party claim.
In the event of any disputes concerning the interpretation of the provisions contained in the general and specific terms and conditions displayed on the platform, which may have been translated into other languages, the Italian version of the text shall prevail.
Unless otherwise specified, the times stated in the specific terms and conditions and on the platform refer to the time zone indicated by the server time published on the website