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 at Málaga, Calle Esperanto No. 4, 29007, CIF: 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 goods.
· Auction: online sale of goods published on the page www.gobid.es
· Lot: A good or set of goods subject to auction.
· Registered user: User registered at 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 of 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 made in steps by a pre-established 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 of the lot at the time the auction is deemed concluded.
· Buyer’s Premium: Percentage amount calculated on the sale price declared in the auction award.
2. Applicability.
These conditions apply generally to any use of the page www.gobid.es and in particular to the publication and conduct of the Auction, as well as to the terms and conditions of users who participate in them.
2.1. Specific conditions.
The specific conditions of each auction shall prevail over these general conditions.
3. Publication of Auctions.
The Auctions will be published on the website www.gobid.es indicating the auction dates and the catalog 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 only to cases of willful 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 prior to, simultaneously 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.
To participate in an auction, the user must be registered at 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 granted the corresponding authorization. The payment methods for the deposit are detailed in the Specific Conditions of each auction.
Participants who are not awarded lots will receive a refund of the deposit within a maximum of 20 business days after the conclusion of the auction, without interest.
Winning bidders, for their part, will receive a 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 completed, including the corresponding administrative procedures, and the sale has been formalized if provided for. In any case, the refund will be made subject to prior authorization from the Principal.
If the winning 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 perfected as indicated in the previous paragraph.
The deposit may be retained in the event of non-compliance with the general payment terms for 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 listing on www.gobid.es.
Bids will 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 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.
A 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 exceeded 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 exceeded by a bid from other users that is higher than the established maximum bid. Increments will be automatic and based on the indicated minimum values, with a view to exceeding the other bids submitted up to 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 enter the amount they wish to offer.
Bids placed will be considered irrevocable.
When a user submits a bid, it may be exceeded by a bid from other users. In this case, the user will have to submit a new static bid in order to be 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 for the lots will begin. This phase will last a maximum of 48 business hours, unless otherwise established in the Specific Conditions. During this phase, 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 will be made in favor of the bidder who placed the next best bid, and so on.
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 payment terms, 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 the buyer's responsibility.
9. Warranties
Any liability of GOBID ESPAÑA SL for the existence of total or partial errors in the descriptions of the lots offered for sale is excluded. For each Auction, specific Specific Conditions will be published detailing the concrete information about the auction and its lots. In addition, 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 all matters not expressly provided for in the general and specific conditions, the provisions set out in the procedure and, for matters not regulated therein, those established in the Insolvency Law and the Civil Procedure Law will apply, which will only apply on a supplementary basis.
The lots will be sold in the condition in which they are found.
Visiting the lots offered 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 photos, descriptions, and other details expressed in the catalog of the lots offered 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 exempts 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 where 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 user who registers 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 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. Persons who register 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 an 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 will be authoritative as to their intention.