GENERAL TERMS AND CONDITIONS

This is a collection of irrevocable purchase offers concerning 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 potential brokerage or consultancy services (other than the engagement awarded to the AGENT), and do not constitute invitations to make offers, offers to the public pursuant to Article 1336 of the Italian Civil Code, or solicitations of public savings pursuant to Article 94 et seq. of Legislative Decree No. 58/1998.
For the rules governing participation 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. Principal's obligations
· 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 April 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 engagement awarded 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 engagement awarded by private individuals
Auction: Competitive online sale of real estate published on www.gobidreal.it
Listing: Publication of a notice concerning the sale or collection of offers/expressions of interest for real estate, published on www.gobidreal.it
Lot: 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 Auction
Bidder Number: Identifier of the Registered User
General Terms and Conditions: These terms and conditions
Specific Terms and Conditions: The specific terms and conditions of 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, if 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 to place a static bid.
Extra Time : Extension of the time available to place bids in an 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 award for the lot, excluding any Buyer’s Premium due and any additional taxes 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
 
Specific Terms and Conditions will be published for each auction or listing, where applicable, setting out all information specific 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, stating their dates and the lots available 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 listing.
 
 
4. Participation procedures and submission of offers.
4.1 Listing  
 
User participation in a listing will be governed by the specific terms and conditions, where applicable.
 
4.2 Online auction
4.2.1 Registration process
To participate in the sale, the user must register on the website www.gobidreal.it by entering 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 details to which any award will be made and in whose name the property will be registered. All payments required before and after the sale must be made by the registered parties. Any powers of attorney or authorisations may be considered subject to the Principal's 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 they intend to participate in and simultaneously send a copy of the bank transfer receipt to [email protected]
 
The security deposit must be credited before the auction closes, unless otherwise specified in the specific terms and conditions of sale.
 
In addition to payment of the security deposit, to be authorised to participate in the auction the user must provide the following documents by uploading them to the "My Documents" section or sending them to [email protected]
 
- IF AN INDIVIDUAL:
 
- A copy of a valid identity document for 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 completes the registration, in accordance with the procedure described in section 5.1)
- A copy of the tax code
- If the bidder is married under the community property regime, the spouse's corresponding details must also be provided, together with a copy of their identity document (this document is not required for authorisation to participate, but will be required if the property is awarded)
 
- IF A COMPANY OR OTHER ENTITY:
 

Where provided for in the specific terms, additional documents will be required and added to those mentioned above.

5. Irrevocable purchase offer

5.1 Procedure for finalising bids at the auction starting price

The combination of the payment of the security deposit, completion of 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 the required supporting documentation, as specified above in section 4.2.1, shall be considered equivalent to an irrevocable purchase offer at the price set as the starting price for each auction, and shall itself constitute a binding purchase commitment on the part of the user.

The Agent shall formalise said offer on the platform by placing an online bid on behalf of the first user to complete the procedure described above.

If several participants have formalised their irrevocable purchase offers in the manner described above, and none of the bidders places a higher bid on the Platform, the participant who first, in chronological order:

- completed the aforementioned procedure
shall be deemed the highest bidder and, therefore, the provisional successful bidder.

The Agent shall inform all bidders by any means whether or not they are the highest bidders at the time the aforementioned irrevocable purchase offer is formalised.


5.2 Submission of bids to increase the starting price.

Placing higher bids

The offer formalised for the first bidder may be exceeded by higher bids placed by any authorised user.

To be deemed the highest bidder (and therefore the provisional successful bidder), the user must have placed the highest bid by the end of the online auction.

Clearly, if several participants place higher bids on the offer at the auction starting price, the user recognised as the 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 deadline.
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For payment by bank transfer, it is advisable to make a BIR (large-amount bank transfer).
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If auction participants do not win any lots, the security deposit will be refunded within 20 business days of the award, without interest.
If one or more lots are awarded, the security deposit will be refunded after the purchaser has completed the transfer of ownership of the real estate purchased at auction by means of a notarised deed, subject to authorisation by the Principal. In this case, the security deposit may be retained both to cover any costs attributable to the Procedure, at the Principal’s discretion, and to cover any other services provided by the Agent.
If the security deposit is paid by credit card, the deposit will be collected into the Agent’s bank account, and the Agent will refund the amount withheld in this manner 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 due from the purchaser.
If, after paying the security deposit, the bidder fails to complete the purchase within the deadlines set out in the specific terms of sale, including payment of both the winning bid price and the Buyer’s Premium and any additional charges, the sale will automatically be terminated and the security deposit will be retained as compensation by way of a penalty.
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10. Payments
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The provisional successful bidder for one or more lots must comply with the specific auction terms, which will specify the deadlines for payment of both the lots won and the Buyer’s Premium due, as well as any additional charges and the relevant 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 provided in the specific terms. The bank details will be provided when the user receives confirmation of the provisional award.
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Should payment of the amounts due not be completed within the stipulated deadlines, the sale will automatically be terminated in agreement with the Principal, and the security deposit will be retained as compensation by way of a penalty, with the award consequently being forfeited.
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11. Transfer of ownership
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12.00Warranties
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GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall not be liable for any discrepancy, in whole or in part, between the descriptions of the lots listed in the auction or in the advertisements published on the platform and the actual lots.
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For anything not provided for in these general terms or the specific terms, the provisions contained in the terms of use of the website www.gobidreal.it shall apply.
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The registered user acknowledges the potential objective and subjective issues arising from the use of an online auction or online advertisement conducted via the internet, for which GOBID INTERNATIONAL AUCTION GROUP S.r.l. cannot be held liable.
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GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall not be liable for direct and/or indirect loss 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 damage or impair the system; the unavailability of access to and/or use of www.gobidreal.it; unlawful use of www.gobidreal.it; or any event occurring after the conclusion of the auction.
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For anything not expressly provided for in these general and specific terms, reference is made to the provisions of the Italian Code of Civil Procedure and the Bankruptcy Law.
The sale of real estate is a forced sale (Art. 2919 of the Italian Civil Code). The property is sold as inspected and accepted, in its actual and legal condition. In a forced sale, no warranty is given against defects in the property. The sale may not be challenged on grounds of damage. (Art. 2922 of the Italian Civil Code).
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The Agent shall have no liability whatsoever with regard to the existence of third-party rights over the property being sold (Art. 2920 of the Italian Civil Code).
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The real estate is sold in its actual and legal condition, together with all appurtenances, accessions, rights and claims, and active and passive easements. The sale is of the property as a whole and not by measurement, and is made without any warranty against defects or other deficiencies.
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UNAUTHORISED WORKS, VIOLATIONS, ENCUMBRANCES, COMPLIANCE WITH APPLICABLE REGULATIONS
For further information concerning any unauthorised works, violations, encumbrances or non-compliance with applicable regulations relating to the lots for sale, please refer to the attached appraisal.
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The lots are sold as inspected and accepted, in the condition in which they are found.
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 indicated in the auction or advertisements. For this reason, inspection of the lots is strongly recommended in order to verify the actual condition of the auctioned property.
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No warranty is given by GOBID INTERNATIONAL AUCTION GROUP S.r.l. or the Principal.
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By accepting these terms, the purchaser holds GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal harmless from any warranty or third-party claim.


In the event of any dispute concerning the interpretation of the provisions set out in the general and specific terms on the platform, which may have been translated into other languages, the Italian version of the text shall prevail.