GENERAL TERMS AND CONDITIONS
Table of contents:
1. Definitions
• GOBID INTERNATIONAL AUCTION GROUP SRL: owner and operator of the online auction website http://www.gobidreal.it, with registered office in Milan, Via P.O. Vigliani, 19, VAT No. - Tax Code 09441470961, hereinafter also referred to as "Gobid Group".
• Seller: the party owning the Asset offered for sale.
• Gobidreal.it: a proprietary trademark registered by Gobid Group.
• www.gobidreal.it: web portal operated by Gobid Group for the sale of Assets on commission, also referred to as the "Website" or the "Platform".
• Offer Collection: procedure for collecting irrevocable purchase offers through the www.gobidreal.it platform, also identified by the reference "Listing".
• Auction: online procedure for the sale of Assets through the www.gobidreal.it platform, also referred to as the "auction process".
• Lot: an Asset or a group of Assets available for sale in a specific sale attempt.
• Sale attempt: a competitive procedure aimed at maximising the proceeds from the sale of the asset, conducted electronically and managed through the www.gobidreal.it portal, in accordance with the rules and terms set out in the Conditions of Sale applicable to the sale attempt. Please note that the term "Sale attempt" or "sale", where used in these conditions, is merely descriptive and conventional and may refer, depending on the details set out in the description of the lot, not only to procedures aimed at transferring ownership of the asset, but also to competitive procedures with a different legal purpose (such as, by way of example and without limitation, leasing, renting, etc.). In any event, for the purposes of determining the legal nature of the relationship and the effects arising from the sale attempt, only the information expressly stated in the description of the individual lot shall be authoritative and shall prevail over these definitions in the event of any discrepancy.
• User: a User registered on www.gobidreal.it, also referred to as a Bidder.
• Registered User: a User registered on www.gobidreal.it, also referred to as a Bidder.
• "Make an offer": a function that allows the Registered User to submit an offer in the Offer Collection.
• Bidder Number: identifier of the Registered User.
• General Conditions: these terms and conditions.
• Specific Conditions: the specific terms and conditions applicable to the sale attempt, which can be viewed in the Listing/Auction details.
• Notice of Sale: the terms and conditions applicable to the sale attempt.
• Conditions of Sale: a general term referring collectively to the conditions of sale set out in the General Conditions, the Specific Conditions and the Notice of Sale, where applicable.
• Security deposit/deposit: the amount to be paid in order to submit an offer and participate in the sale attempt, where required.
• Starting Price: the starting price set for each Lot.
• Minimum Offer: the minimum amount that may be offered for the offer to be valid, subject in all cases to the Seller's approval.
• Reserve Price: the minimum price which, once reached, authorises the award of the Lot, unless otherwise specified in the conditions applicable to the sale attempt.
• Current Price: the current price of the Lot.
• Single Bid: the amount entered by the User to increase the current price of the Lot.
• Maximum Bid (proxy bid): the maximum amount the User intends to pay for the Lot.
• Minimum Increment: the predetermined amount to be added to the Current Price in order to increase the bid during the auction process.
• Extra-Time: the period by which the Auction is extended to allow further bids during the auction process.
• Sale Price: the Lot's award amount as determined when the sale attempt is deemed concluded.
• Award: conclusion of the sale attempt and allocation of the lot to the highest bidder.
• Award Confirmation: a communication sent by Gobid Group to the party identified as the highest bidder at the end of the sale attempt, summarising the award price and Auction commissions (Buyer's Premium) payable.
• Awarded Bidder: the party to whom the Lot is awarded as the highest Bidder.
• Sale Price/Award Price: the amount for which the lot is awarded, as determined at the end of the sale attempt.
• Buyer's Premium: commissions payable to GOBID GROUP for managing the sale attempt, charged to the Awarded Bidder and calculated as a percentage of the award price, plus VAT.
2. Applicability
These Conditions govern the terms and conditions under which the sale attempt is conducted and apply together with:
• the "Terms of Use" of the www.gobidreal.it website, accepted during registration on the website;
• the Specific Conditions published in the Listing/Auction details of interest.
• the Notice of Sale, where applicable.
If the Specific Conditions and/or the Notice of Sale (where applicable) provide for terms different from those set out in these General Conditions, the specific different provision set out in the Specific Conditions and/or the Notice of Sale (where applicable) shall prevail.
In the event of a conflict between provisions set out in the Specific Conditions and the Notice of Sale, the provisions set out in the Notice shall prevail.
These conditions, together with the Specific Conditions and/or the Notice of Sale, where applicable (collectively, the Conditions of Sale), govern the procedures for conducting and participating in the Sale Attempt.
By participating, the Registered User declares that they have carefully reviewed the Conditions of Sale applicable to the sale attempt and accept them without reservation.
For information regarding use of the website and the processing of the personal data provided, please refer to the "Terms of Use" and the "Privacy Policy" published on the www.gobidreal.it website.
3. Main Conditions of the sale attempt
Through the www.gobidreal.it platform, Gobid Group promotes the sale of Assets exclusively on the basis of information provided by the Seller, without verification or processing.
For this reason, please note that Gobid Group:
• is not liable for any errors, omissions or inaccuracies in the information published online.
• does not own, nor is it to be considered the custodian of, the Assets covered by this sale attempt, which are owned by the Seller.
• is not liable for any defects, faults or total or partial lack of quality in the Assets offered for sale.
All Assets are sold in their condition at the time of sale ("as seen and approved"), without any warranties as to their characteristics or state of preservation.
For this reason, before submitting an offer, you are strongly advised to inspect the Assets and the documentation made available, and to carry out your own checks, at your own expense and responsibility, before submitting an offer.
By completing the offer submission process, as described below, the User makes a binding offer; it will therefore not be possible to amend or withdraw the offer submitted. Users are advised to always check their offer before confirming it.
4. Viewing the Assets
Interested parties may view the assets:
• online, using the available documentation;
• in person, by appointment via [email protected] or by calling +39 02 86882269, or through the "Request a Viewing" section.
Viewings are not permitted on Saturdays, Sundays or public holidays. Please note that viewings cannot be guaranteed during the 7 days prior to the offer submission deadline; you are advised to request a viewing well in advance.
Where necessary, interested parties shall provide any documentation required for the viewing.
By requesting a viewing, each interested party acknowledges that the viewing of the Assets will be carried out under their sole responsibility, expressly indemnifying Gobid Group and/or the Seller; Gobid Group and the Seller accept no liability for any damage to persons and/or property caused during the viewing. Each interested party is therefore responsible for attending the viewing with the appropriate precautions, depending on the nature of the Asset being viewed.
5. Conduct of the sale procedure and participation methods
The sale procedure will be conducted on the platform www.gobidreal.it, in accordance with the terms and conditions set out in the General and Specific Terms of Sale applicable to this sale procedure.
The sale procedure will consist of two phases:
• PHASE 1 – Collection of Irrevocable Purchase Offers
• PHASE 2 – Online auction (if applicable).
The description provided in the Auction Listing/Notice forms an integral part of these Terms of Sale.
PHASE 1 – COLLECTION OF IRREVOCABLE PURCHASE OFFERS
Offers will be collected for the period stated in the Listing Notice; during this period, any interested party may register for the Listing and submit an offer as set out below.
To submit an offer, each interested party must access the listing page and click the "MAKE AN OFFER" button.
The User must then log in to/register on the platform using their own credentials, carefully review the General and Specific Terms of Sale applicable to this sale procedure, and accept them.
Once this step has been completed, the User may enter the amount they intend to offer for the purchase of the Lot and confirm the amount entered.
After completing the guided process, in order to formalize their offer, the Bidder must download the offer form and, if necessary, fill in any blank fields.
Once completed and signed, the form must be sent from the email address used by the User to register on the portal to the certified email address [email protected].
In addition to the offer form, the Bidder must also send:
- a copy of the payment receipt for the deposit paid;
- the required documentation, as specified in the Specific Terms.
To be considered valid, irrevocable purchase offers must be accompanied by payment of the required security deposit, which payment shall itself constitute a formal commitment to purchase by the signatory of each offer, together with the required documentation, as specified in the Specific Terms.
The security deposit must be paid in the amount specified in the Specific Terms, by bank transfer to the bank account indicated therein and on the offer form.
Please note: the bank transfer description provided by the system when submitting the irrevocable offer, and shown on the offer form, must be used.
The User must pay the security deposit well in advance of the offer submission deadline.
If participants are not awarded any Asset, unless otherwise specified in the Specific Terms, the security deposit will be refunded, without interest, within 20 working days of the end of the Sale Procedure.
If one or more lots are awarded, unless otherwise specified in the Specific Terms, the security deposit will be refunded after ownership has been transferred to the successful bidder.
Without prejudice to the right to claim compensation for any greater loss, the security deposit will be withheld as a penalty if the payment deadlines are not met for reasons attributable to the Successful Bidder.
An offer is not valid if it is below the price applicable to the sale procedure (starting price/minimum offer, where applicable), if the submission process is completed after the established deadline, or if the Bidder fails to pay the security deposit within the prescribed timeframe.
The offer is irrevocable until the award process has been completed.
Once the offer collection period has ended, the irrevocable purchase offers will be reviewed to determine whether they are admissible.
The Seller and/or Gobid Group reserve the right, at their sole discretion, to accept or reject the irrevocable purchase offers submitted by bidders. Participation in the sale procedure does not, as a result, give rise to any right or legitimate claim to the transfer of the asset in favour of the Bidder; therefore, if the offer is not accepted, the security deposit paid will be returned to the Bidder.
By participating in the sale procedure, the Bidder acknowledges, as of this date, that they are aware of the foregoing and waive the right to bring any action against the Seller and/or Gobid Group seeking any potential compensation for damages resulting from the Lot not being awarded to them.
If an offer is rejected, the bidders will receive an email from Gobid Group notifying them that the offer is inadmissible.
If only one offer is admitted at the end of Phase 1 – Collection of Irrevocable Purchase Offers, the Lot may be awarded to the sole Bidder without opening Phase 2 – Online Auction.
If there are multiple valid offers, the highest offer received will be used as the starting bid for a competitive sale procedure to be conducted online on the platform www.gobidreal.it (PHASE 2).
PHASE 2 – ONLINE AUCTION
Unless otherwise specified in the Specific Sale Terms, only parties who submitted a valid bid during PHASE 1 – Bid Collection, as indicated above, will be admitted to participate.
The online auction published on the website www.gobidreal.it will last at least 1 day.
The opening and closing dates and times of Phase 2 – Online Auction will be communicated to all bidders by Gobid Group.
The highest bid received at the end of PHASE 1 – Bid Collection will be formalized by Gobid Group, in the name and on behalf of the Bidder, by placing an online bid on the platform www.gobidreal.it for an amount equal to the value of the aforementioned bid, while the other bidders will be enabled to participate in PHASE 2 – Online Auction and invited to place a higher bid on the platform www.gobidreal.it, in accordance with the procedures published online on the webpage dedicated to the Auction.
If multiple bids are received for the same Lot, priority will be given to the highest bid received or, in the case of bids for the same amount, to the bid received first in chronological order (in this case, priority will be given to the first bidder to have paid the required security deposit, with the amount consequently credited to the bank account indicated in the Specific Sale Terms, following submission of the aforementioned bid).
Gobid Group will inform all bidders whether or not they are the highest bidders when the aforementioned irrevocable purchase offer is formalized.
If bids are placed during the last 5 minutes before the deadline, the auction will be automatically extended by 5 (five) minutes from the last bid received, to give all bidders the opportunity to place further bids (extra time).
Please note that Gobid Group may at any time reserve the right to suspend the bidding procedure for any reason and/or cause, without bidders and/or any third party being entitled to raise any objections.
The portal www.gobidreal.it will ensure that each Bidder's personal data are not visible to other bidders until the online sale process has definitively concluded.
Types of bids
The User may choose to submit a bid as a "static bid" or a "dynamic bid" (proxy bid), as indicated below:
• A static bid is considered a fixed-price bid, equal to the amount entered by the User in accordance with the Terms applicable to this sale.
• 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 enters a static bid, it may be outbid by another user's bid. The User will then have to enter another static bid to win the Lot.
If a registered User enters a maximum bid (proxy bid), it will remain valid until it is exceeded by a bid from another user that is higher than the maximum bid. Higher bids will be placed automatically based on the minimum increments indicated, with the aim of exceeding the other bids submitted, up to the amount entered.
Bids will be considered valid only if submitted during the Auction period.
Extra time
In the case of an Online Auction, if a winning bid is placed during the 5 minutes before the auction closes, the time available to place another bid will be extended by a further 5 minutes from the last bid received. This will continue indefinitely: for each winning bid received within the 5-minute extra-time period, the time available to place another bid will be extended by a further 5 minutes from the last bid received, for all Lots included in the Auction. Automatic higher bids placed in the case of a maximum bid (proxy bid) will also be considered winning bids.
6. Award
At the end of the sale, the process of reviewing and awarding the Lots will begin and will last no more than 10 business days, unless otherwise provided in the Specific Terms.
If there is only one bid at the end of PHASE 1 – Bid Collection, the Lot will be awarded to the sole Bidder.
At the end of Phase 2 – Online Auction, the Lot will be awarded to the person who submitted the highest valid bid by the end of the auction or any extension period.
If multiple bids have been received at the end of PHASE 1 – Bid Collection and no higher bids are placed during Phase 2 – Online Auction, the Lot will be awarded to the User on whose behalf Gobid Group formalized the irrevocable purchase offer by placing an online bid, as specified above.
The period within which the winning bidder must pay the winning bid price will run from the date of the award.
No subsequent improved bids submitted after the end of the sale will be taken into consideration.
Participants who do not win will have their security deposit returned by bank transfer, without interest, within 20 business days of the auction deadline.
In the event of default, the winning bidder will be declared to have forfeited the award, the security deposit will be retained as compensation, and the relevant Lot may be put up for sale again, subject to the Owner's agreement.
7. Payment of the price and transfer of ownership
The time limits for payment of the Lot awarded and the costs associated with the sale will run from the Confirmation of Award.
Payment must be made within the time limits and in accordance with the procedures specified in the Specific Sale Terms.
In the event of an award, unless otherwise specified in the Specific Terms, the security deposit paid to participate in the sale will be made available to the winning bidder, without interest, only after the transfer of ownership has been completed, in accordance with the Specific Sale Terms referred to herein.
Ownership of the Lot will therefore be transferred to the winning bidder only upon execution of the aforementioned notarial deed.
The security deposit may be retained to cover any costs associated with the sale, including the applicable Buyer's Premium if unpaid by the winning bidder, without prejudice to the right to pursue recovery of any outstanding amount.
It is understood that ownership will be transferred only after full payment of the winning bid price, the costs associated with the sale, and the Auction Fees (Buyer's Premium) due to the auction house Gobid Group for managing the online sale.
The buyer shall be responsible for notarial fees, statutory taxes, and all costs associated with the sale, whether tax-related or otherwise.
Unless otherwise specified in the Specific Sale Terms, the goods are sold free of encumbrances; if any exist, they will be cancelled by the Seller, at the Seller's expense, in advance or simultaneously with the sale, unless otherwise specified in the Specific Terms or agreed between the Parties.
Submitting a bid in accordance with the Sale Terms applicable to the online sale constitutes a binding commitment by the User to purchase. Therefore, if payment is not made by the established deadline for a reason attributable to the User, the award will be declared forfeited, the sale rescinded, and the security deposit paid will be retained as compensation.
8. Auction fees (Buyer’s Premium)
Irrevocable purchase bids collected during Phase 1 – Bid collection, as well as any bids placed during Phase 2 – Online auction, will be subject to auction fees (Buyer’s Premium) for the online auction management service. The successful bidder shall pay the Buyer’s Premium due to the auction house Gobid Group, calculated as a percentage of the hammer price, plus VAT.
For the applicable percentage, please refer to the Specific Conditions of Sale.
The right to payment of the Buyer’s Premium accrues upon the award; without prejudice to the provisions in the section "Payment of the price and transfer of ownership", in the event of non-payment, including partial non-payment, Gobid Group reserves the right to take action to recover the debt, without prejudice to any other rights and remedies provided by law.
If the award is revoked for reasons attributable to the successful bidder, they shall in any case be liable to pay the above-mentioned fees, which, if paid, will therefore be retained by Gobid Group.
9. Publication
All sales are published on the website www.gobidreal.it, with details of the sale dates, Conditions of Sale, information on the lots available for bidding, and details of the sale.
The duration of the Sale is indicated in the Listing/Auction details, as well as in the specific conditions and/or the Notice of Sale (if applicable). Unless otherwise specified, the times indicated in the specific conditions and on the platform refer to the time zone shown in the server time published on the website.
It is understood that, at the sole discretion of Gobid Group and/or the Seller, the sale or the award may in any case be suspended and/or postponed, including due to technical problems connecting to the system caused by server or network malfunctions, without this giving rise to any claim for damages or compensation by the registered User and/or successful bidder.
All operations carried out by the user on the platform are recorded. The records in the log file generated by the system constitute full and exclusive evidence between all parties to these competitive proceedings regarding the content and timing of documents/messages exchanged electronically. Those who register declare and acknowledge that the system records constitute full evidence of the dealings between them. Such records are confidential and will not be disclosed to third parties, except in the cases expressly provided for or by order of the Judicial Authority.
GOBID INTERNATIONAL AUCTION GROUP SRL shall in no event be held liable for any system malfunctions that may in any way hinder or delay the delivery of communications to the person registering, or for the unavailability of access to and/or use of www.gobidreal.it, or for the unlawful use of www.gobidreal.it by Users.
GOBID INTERNATIONAL AUCTION GROUP SRL reserves the right to cancel bids submitted if any inconsistencies are found with the Conditions of Sale applicable to the sale in question.
In the event of any disputes concerning the interpretation of the provisions contained in the general and specific conditions displayed on the platform, which may have been translated into other languages, the Italian version of the text shall prevail.
10. Warranties
Each Asset is sold by the Seller on an "as is, where is" basis, in the condition in which it is at the time of sale, without warranties.
The existence of any defects, lack of quality or discrepancies in the item sold, or charges of any kind, shall not give rise to any compensation, indemnity or price reduction.
Through the platform www.gobidreal.it, Gobid Group promotes the sale of Assets owned by the Seller, based on the information provided by the Seller, without reworking or verification. For this reason, Gobid Group is not liable for any errors, omissions or inaccuracies in the information published online.
It is also specified that Gobid Group does not own, nor shall it be considered the Custodian of, the Assets covered by this sale, which are owned by the Seller.
Gobid Group is therefore not liable for any defects, flaws or total or partial lack of quality in the Assets offered for sale.
All Assets are sold in the condition in which they are at the time of sale ("as seen and approved"), without warranties as to their characteristics or state of preservation.
For this reason, before submitting a bid, you are strongly advised to inspect the Assets and the documentation made available, and to carry out your own checks, at your own care and expense, before submitting a bid.
Each participant is responsible for reviewing in advance, in full and carefully, the General and Specific Conditions of Sale applicable to this sale and the documentation published online.
In view of the above, by submitting a bid, the User declares that they are aware that Gobid Group is not liable for any errors, omissions or inaccuracies in the photographs, descriptions, quantities or any other details indicated in the Auction/Listing.