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 Málaga, 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 ESPAÑA SL operates ·          www.gobid.es: The website managed by GOBID ESPAÑA SL for the sale of property.
·          Auction: online sale of property published on the website www.gobid.es
·          Lot: Property or set of properties subject to auction.
·          Registered user: User registered on www.gobid.es
·          Auction registration: Prior authorization required for the registered user to 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: Opening 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 made in increments using a preset amount.
·          EXTRA-TIME: Time available after 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 for 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 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 the general conditions present.

3. Publication of Auctions.
Auctions will be published on the website www.gobid.es indicating the dates of development and the catalog 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 and expressly accepts all problems and conflicts, both objective and subjective, that may arise from the use of an Auction carried out online, and states that GOBID ESPAÑA SL is exempt from all liability for any harm or damage caused as a result thereof.
 
All liability of GOBID ESPAÑA SL for damages or losses caused to the registered user directly and/or indirectly is excluded, limiting such liability only to cases of willful misconduct or gross negligence.
GOBID ESPAÑA SL is in no way responsible for the user's own actions that cause damage, malfunction, incorrect display and/or improper use of the website www.gobid.es, whether prior to, simultaneous 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 in each Auction 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 property 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 removed the acquired goods, settled any costs for complementary services and completed the acquisition of the goods acquired at auction through the processing of the bureaucratic practices provided for in the sale and always with prior authorization from the Principal. In these cases the deposit may be deducted from the expenses that may be generated as complementary services, as well as other expenses 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 removed and the acquisition perfected as stated 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 made by registered users authorized to participate in the Auction and will be collected within each lot record present on www.gobid.es.
Bids will always be binding to the verification of the indicated prices and the increment conditions.
 
GOBID SPAIN SL reserves the right to cancel any offer in the event that inconsistencies are found between the General Conditions and the Specific Conditions of the same.
 
Offers can be of two types, static or dynamic (proxy bid):
The simple static offer is considered a fixed price offer.
The maximum dynamic offer (proxy bid) is considered a dynamic price offer per lot, not visible to other users.
When a registered user places a static offer, it can be exceeded by an offer from other users. In this case, the user will be required to place another static offer in order to win the lot.
If the registered user places a maximum offer (proxy bid), it will be held valid until it is exceeded by an offer from other users that is higher than the established maximum offer. The increments will be automatic and will be based on the indicated minimum values, with a view to exceeding the other offers presented up to the maximum amount entered.
Bids will be accepted until the indicated end date and time for the specific Auction. If offers are registered in the last 5 minutes, the deadline for placing offers 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 step through the corresponding sliders, or may enter the amount they wish to offer.
 
Offers made are considered irrevocable.
When a user places an offer, it may be exceeded by an offer from other users. In this case, the user will have to place a new static offer 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 of the lots will begin. This phase will have a maximum duration of 48 working 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 the lots before the end of the auction at its unquestionable discretion.

The award is subject to receipt of the deposit (if applicable).
If the provisional awardee fails to comply with the obligations set out in the terms and conditions, the award will be granted to the bidder who has submitted the next best offer, and so on, unless otherwise stipulated in the specific conditions.

Bids made are binding and constitute a formal commitment to purchase.
 
 
8. Payment.
The registered user awarded one or more lots is required to comply with the Specific Conditions of the Auction where the terms of payment, collection and indemnity clauses in case of non-compliance will be specified. If payment of the amounts due is not completed within the established terms, the sale will be automatically considered concluded. The user will lose the deposit (if applicable), which will be retained as compensation with consequent forfeiture of the award, in agreement with the Principal. The existence of any damage detected after the 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 present for sale is excluded. For each Auction, specific Conditions will be published detailing the specific information of the same and its lots. Furthermore, in all matters not provided for in the conditionsGeneral terms: the provisions contained in the terms of use of the website www.gobid.es shall apply.

In all matters not expressly provided for in the general and specific terms, the provisions set out in the procedure shall apply, and in matters not regulated therein, the provisions established in the Insolvency Act and the Civil Procedure Act shall apply, the latter only on a supplementary basis.
The lots shall 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 and inaccuracies in the photographs, descriptions and other details set out in the catalogue of the lots for sale. For this reason, GOBID ESPAÑA SL shall make various means available to interested parties so that they may carry out these visits to the assets in the auctions.
GOBID ESPAÑA SL and the bodies involved in the procedure do not recognize any type of post-sale warranty in favour of purchasers, expressly denying any right of this nature.
The purchaser, by accepting these terms, releases GOBID ESPAÑA SL and the bodies involved in 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 in which there is wilful misconduct or gross negligence on their 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 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 relationships between the parties. Such records are confidential and shall 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 terms, the provisions contained in the terms of use of the website www.gobid.es shall apply. 
 
In the event of misunderstandings arising from the interpretation of the provisions contained in the general and specific terms expressed on the platform translated into other languages, the Spanish version of the text shall be authoritative as to their intention.