GENERAL TERMS AND CONDITIONS
Table of Contents:
Art. 1. Definitions
Art. 2. Applicability
2.2. Specific Conditions
Art. 3. Publication of sales
Art. 4. Conduct of sales
Art. 5. Participation in sales
Art. 6. Submission of bids
Art. 7. Awarding of lots
Art. 8. Payment
Art. 9. Warranties
1. Definitions
· GOBID ESPAÑA SL: Manager of the online auction website http://www.gobid.es, with registered office in Málaga, Calle Esperanto no. 4, 29007, Tax ID: B72551898, authorised under a sales mandate for real and movable property
· Gobid.es: Trading name under which GOBID ESPAÑA SL operates · www.gobid.es: The website managed by GOBID ESPAÑA SL for the sale of goods.
· Auction - Sale: online sale of goods published on the website www.gobid.es
· Lot: An item or group of items offered for sale.
· Registered user: A user registered on www.gobid.es
· Registration for the sale: Prior authorisation required for a registered user to participate in the sale.
· Bidder Number: Identification of the registered user.
· General Conditions: These Terms and Conditions, which generally govern all sales.
· Specific Conditions: The specific Terms and Conditions for each sale.
· Deposit: An amount required before participating in the sale, where expressly required.
· Starting price: The opening price for individual lots.
· Reserve price: The minimum price below which the lot cannot be sold.
· Current price: The current price of the lot.
· Simple 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 increment: Bids must be increased in increments of a predetermined amount.
· EXTRA-TIME: The time available after the sale deadline for submitting new bids.
· Award: A declaration by GOBID ESPAÑA SL that a lot has been sold to the highest bidder.
· Sale price: The amount for which the lot is awarded when the sale is concluded.
· Buyer’s Premium: A percentage-based amount calculated on the sale price declared when the sale is awarded.
2. Applicability.
These conditions generally apply to any use of the website www.gobid.es and, in particular, to the publication and conduct of sales, as well as to the terms and conditions applicable to users participating in them.
2.1. Specific Conditions.
The Specific Conditions for each sale shall take precedence over these General Conditions.
3. Publication of sales.
Sales will be published on the website www.gobid.es, indicating the dates on which they will take place and the catalogue of lots.
4. Conduct of sales.
Each sale will be published on the website www.gobid.es in accordance with the terms and conditions set out in the General and Specific Conditions. GOBID ESPAÑA SL reserves the right to cancel, extend or suspend the sale, in agreement with the Principal.
The registered user expressly consents to and accepts all objective and subjective issues and conflicts that may arise from the use of an online sale, and agrees to hold GOBID ESPAÑA SL harmless from any loss or damage caused as a result thereof.
GOBID ESPAÑA SL shall not be liable for any direct and/or indirect loss or damage caused to the registered user, such liability being limited solely to cases involving wilful misconduct or gross negligence.
GOBID ESPAÑA SL shall in no way be liable for any actions of the user that cause damage, malfunction, incorrect display and/or improper use of the website www.gobid.es, whether before, during or after the sale process.
For all matters not covered by the General Conditions, the provisions contained in the website’s terms of use shall apply www.gobid.es.
5. Participation in sales.
A user registered on the website www.gobid.es must register for each sale and accept the General Conditions and the Specific Conditions in order to participate.
If a deposit is required to participate in the sale, the registered user will not be authorised to participate without prior authorisation from GOBID ESPAÑA SL. GOBID ESPAÑA SL will grant authorisation only once the deposit has been received. The payment methods for the deposit will be specified in the Specific Conditions of the sale.
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 sale, without interest.
Users who participate in the sale and are awarded one or more lots will receive their deposit once they have collected the goods purchased, settled any charges for additional services and completed the acquisition of the goods purchased at the sale by completing the administrative formalities required for the sale, and in all cases with the prior authorisation of the Principal. In such cases, the deposit may be deducted from any charges incurred for additional services, as well as from other expenses at the Principal’s discretion.
If the purchaser paid the deposit by debit/credit card, GOBID ESPAÑA SL will refund it by bank transfer once the goods have been collected and the acquisition has been completed as described in the previous paragraph.
The deposit will be retained in the event of failure to comply with the general payment terms for the awarded lots.
6. Submission of bids.
Bids to purchase lots published on the platform may be submitted by users registered and authorised to participate in the sale, and will be collected on each lot’s information page. present at www.gobid.es.
Bids shall always be subject to verification of the indicated prices and the increment conditions.
GOBID ESPAÑA SL reserves the right to cancel any bid if inconsistencies are found between the General Terms and Conditions and the Specific Terms and Conditions of the sale.
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 for the lot and is not visible to other users.
When a registered user places a static bid, it may be outbid by another user's bid. In this case, the user must place another static bid in order to be awarded the lot.
If the registered user places a maximum bid (proxy bid), it will remain valid until it is outbid by another user's bid that exceeds the maximum bid set. Increments will be automatic and based on the indicated minimum values, with the aim of exceeding other bids submitted, up to the maximum amount entered.
Bids will be accepted until the indicated end date and time for the specific sale. If bids are placed during the last 5 minutes, the bidding period will be extended by the period
established, where applicable, in the Specific Terms and Conditions of each sale. This extension (extra-time) will apply only when expressly provided for in the Specific Terms and Conditions; it will not apply to bid collection processes unless expressly provided for.
Bids placed shall be considered irrevocable/binding.
7. Award of the lots.
At the end of each sale, the provisional award phase for the lots will begin. This phase will last a maximum of 48 business hours, unless otherwise provided for in the Specific Terms and Conditions. During this phase, confirmation of the provisional award 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 sale, in agreement with the Principal.
The award is subject to receipt of the deposit (if applicable).
If the provisional winner fails to fulfil the obligations within the specified time limits, the lot will be awarded to the bidder who placed the next-highest bid, and so on.
Bids placed are binding and constitute a formal commitment to purchase.
8. Payment.
A registered user who is awarded one or more lots is required to comply with the Specific Terms and Conditions of the sale, which shall specify the payment and collection terms and the indemnity clauses in the event of failure to comply with them. If payment of the amounts due is not completed within the specified time limits, the sale shall be deemed automatically concluded. The user will forfeit the deposit (if applicable), which will be retained as compensation, and the award will consequently be revoked, in agreement with the Principal. Any damage discovered after collection of the awarded lots shall be entirely at the buyer's expense.
9. Warranties
GOBID ESPAÑA SL shall have no liability for any total or partial errors in the descriptions of the lots offered for sale. Specific Terms and Conditions will be published for each sale, detailing the relevant information about the sale and its lots. In addition, matters not provided for in the General Terms and Conditions shall be governed by the provisions contained in the terms of use of the website www.gobid.es.
Matters not expressly provided for in the General and Specific Terms and Conditions shall be governed by the provisions set out in the proceedings and, for matters not regulated therein, by the provisions of the Insolvency Act and the Civil Procedure Act, which shall apply only on a subsidiary basis.
The lots shall be sold in their existing condition.
Inspection of the lots offered for sale is strongly recommended in order to verify their actual condition and state. GOBID ESPAÑA SL and the bodies involved in the proceedings shall not be held liable for any errors, omissions or inaccuracies in the photographs, descriptions or other details provided in the catalogue of lots for sale. For this reason, GOBID ESPAÑA SL will make various means available to interested parties so that they can inspect the assets offered for sale.
GOBID ESPAÑA SL and the bodies involved in the proceedings do not provide any type of warranty after the sale in favour of purchasers, and expressly deny any such right.
By accepting these terms and conditions, the purchaser releases GOBID ESPAÑA SL and the bodies involved in the proceedings from any liability relating to warranty rights or third-party rights over the assets being sold.
GOBID ESPAÑA SL shall not be liable for damage or loss caused directly and/or indirectly, and its liability shall be limited solely to cases of wilful misconduct or gross negligence on its part.
GOBID ESPAÑA SL shall in no way be liable for users' own actions that cause damage, malfunction, incorrect display and/or improper use of the website www.gobid.es
GOBID ESPAÑA SL shall have no liability for system malfunctions that may prejudice or delay the delivery of communications to a registered user.
The competitive process may be suspended and/or postponed at the discretion of GOBID ESPAÑA SL, in agreement with the Principal, either for technical reasons relating to the system connection that may be due to server or network malfunctions, or at its own discretion for other reasons.
The records contained in the log file generated by the system shall constitute full and exclusive evidence between all parties to these proceedings with regard to the content and timing of documents/messages exchanged by email. The persons who register declare and acknowledge that system records constitute full evidence of the relations between the parties. Such records are confidential and shall not be disclosed to third parties, except in cases expressly provided for or pursuant to an order of the Judicial Authority.
Matters not provided for in the General Terms and Conditions shall be governed by the provisions contained in the terms of use of the website www.gobid.es.
In the event of any discrepancy arising from the interpretation of the provisions set out in the General and Specific Terms and Conditions on the platform, where translated into other languages, the Spanish version of the text shall prevail.