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. Awarding of lots
Art. 8. Payment
Art. 9. Guarantees 
 
 
1. Definitions
·          GOBID ESPAÑA SL: Manager of the online auction website http://www.gobid.es, headquartered in Málaga, Calle Esperanto no. 4, 29007, CIF: B72551898, authorized with a Sales Mandate for real estate and movable property
·          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 website www.gobid.es
·          Lot: 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 of each auction.
·          Deposit: Amount required prior to participation in the auction, when expressly required.
·          Starting 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 that the user is willing to pay for the lot.
·          Minimum increment: bid increases must be made in steps by means of a predetermined amount.
·          EXTRA-TIME: Time available after the auction deadline for the submission of 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 the users participating in them.

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

3. Publication of Auctions.
Auctions will be published on the website www.gobid.es indicating the conduct dates and the catalogue of lots.
 
4. Conduct of 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 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 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 ESPAÑA 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.
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.

To participate in an auction, the user must be registered on www.gobid.es and accept both the General Conditions and the Specific Conditions of each auction.

If a deposit is required to participate, the user may do so only once GOBID ESPAÑA S.L. has received the amount and has granted the corresponding authorization. The methods of payment of the deposit are detailed in the Specific Conditions of each auction.

Participants who are not successful bidders will receive a refund of the deposit within a maximum of 20 business days after the conclusion of the auction, without interest.

Successful bidders, for their part, will receive the refund of the deposit within a maximum of 5 business days once the removal of the goods has been completed, any complementary services have been paid for, the acquisition process has been finalized, including the corresponding administrative processing, and the sale has been formalized where provided for. In any case, the refund will be made subject to prior authorization from the Principal.
If the successful bidder has paid the deposit by debit or credit card, GOBID ESPAÑA S.L. will refund it by bank transfer, once the removal of the goods has been completed and the acquisition has been completed in accordance with the preceding paragraph.

The deposit may be retained in the event of non-compliance with the general terms of payment for the awarded lots.

6. Presentation of offers.
Offers 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 sheet present on www.gobid.es.
Offers will always be linked 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 thereof.
 
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 for the lot, not visible to other users.
When a registered user enters a static offer, it may be exceeded by an offer from other users. In this case, the user will be required to enter another static offer in order to be awarded the lot.
If the registered user enters 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 submitted up to the amount of the maximum figure entered.
Bids will be accepted until the indicated end date and time for the specific Auction. In the event that offers are registered in the last 5 minutes, the deadline for making 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 the amount equal to the indicated amount or increase it by the recommended minimum increment through the corresponding sliders, or may type the amount they wish to offer.
 
Offers made will be considered irrevocable.
When a user submits an offer, it may be exceeded by an offer from other users. In this case, the user will have to submit 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 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 the lots before the end of the auction at its unquestionable discretion.
 
The award is subject to receipt of the deposit (if provided).
In the event that 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 has made the next best offer, and so on.
Bids made 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 case of non-compliance will be specified. In the event that payment of the amounts due is not completed within the established terms, the sale will be automatically concluded. The user will lose the deposit (if provided), which will be retained as compensation with consequent forfeiture of the award, in agreement with the Principal. The existence of any damages detected after the collection of the awarded lots will be entirely borne by the buyer.
 

9. Warranties
Any liability of GOBID SPAIN SL regarding the existence of total or partial errors in the descriptions of the lots for sale is excluded. For each Auction, specific Conditions will be published detailing the concrete information of the same and its lots. Furthermore, for 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.

For all matters not expressly provided for in the general and specific conditions, the provisions set forth in the procedure and in matters not regulated therein shall apply, as established in the Insolvency Act and the Civil Procedure Act, which shall apply only supplementarily.
The lots will be sold in the condition in which they are found.

The visit of the lots for sale is expressly recommended in order to verify their actual condition and status. GOBID SPAIN SL and the procedure bodies are exonerated from any eventual errors, omissions, and inaccuracies in the photos, descriptions, and other details expressed in the catalog of the lots for sale. For this reason, GOBID SPAIN SL will make available to interested parties various means so that they can carry out these visits of the goods in auctions.
GOBID SPAIN SL and the procedure bodies do not recognize any type of post-sale warranty in favor of the purchasers, expressly denying any right of this nature.
The purchaser, by accepting these conditions, exempts GOBID SPAIN SL and the procedure bodies 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 where 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 system malfunction that may harm or delay the delivery of communications to the user who registers 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 recordings 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 via email. The subjects who register declare and acknowledge that the system recordings constitute full evidence of the relationships between the parties. Such recordings are confidential and will not be disclosed to third parties, except in cases expressly provided for or under order of the Judicial Authority.
For 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 translated into other languages, the Spanish version of the text shall be authoritative as to their intent.