GENERAL TERMS AND CONDITIONS
Table of Contents:
Definitions
GOBID INTERNATIONAL AUCTION GROUP SRL: OWNER AND MANAGER OF THE ONLINE AUCTION SITE http://www.gobidreal.it, WITH REGISTERED OFFICE IN Milan, Via P.O. Vigliani, 19, VAT number -Tax Code 09441470961, hereinafter also "Gobid Group"
Seller: owner of the Property offered for sale
Gobidreal.it: Trademark registered by Gobid Group
www.gobidreal.it: web portal managed by Gobid Group for the sale of Goods on commission, also referred to as the "Site" or the "Platform"
Collection of offers: procedure for collecting irrevocable offers for purchase through the www.gobidreal.it platform, also identified by the reference "Announcement"
Auction: procedure for the online sale of Goods through the www.gobidreal.it platform, also referred to as a "tender"
Lot: Goods or set of Goods available for sale for the single experiment
User: User registered with www.gobidreal.it, also referred to as Offeror
"Make an offer": a function that allows the Registered User to make an offer for the Offer Collection
Bidder Number: Registered User ID
General Conditions: these terms and conditions
Specific Conditions: Specific terms and conditions that apply to your experiment, which can be found within the Ad/Auction tab
Security deposit/deposit: amount to be paid in order to make an offer and participate in the experiment, if required.
Base Price: starting price established for each Lot
Minimum Bid: minimum amount that can be offered for the purposes of the validity of the bid, subject in any case to the approval of the Seller
Reserve price: minimum price whose achievement authorizes the award of the Lot, unless otherwise indicated in the conditions applied to the experiment
Current Price: Current Lot Price
Single Bid: amount entered by the User to increase the current price of the Lot
Maximum bid (proxy bid): maximum amount that the User intends to pay for the Lot
Minimum Bid: pre-established amount that must be added to the current price in order to increase the bid in the event of a tender
Extra-Time: time to extend the duration of the Auction for the submission of further bids during the tender phase
Sale price: award amount of the Lot identified at the time the experiment is considered concluded
Award: declaration by which GOBID GROUP certifies that the Lot has been awarded in favour of the party who has submitted the best offer at the end of the experiment and in favour of whom the subsequent sale process by the Seller will be concluded.
Successful bidder: the person in whose favour the Lot is awarded, as the highest bidder
Buyer's Premium: commissions due to GOBID GROUP, charged to the Buyer, calculated as a percentage of the hammer price, plus VAT.
Applicability
These Terms govern the terms and conditions of conducting the experiment and apply jointly to:
"Terms of use" of the site, accepted during registration on the site itself;
Specific Conditions published in the Listing/Auction form of interest.
These Conditions are applicable unless otherwise stated in the Specific Conditions. It is the responsibility of each participant to carefully read the terms and conditions applied to this experiment.
Participation implies full acceptance of the General and Specific Conditions. For any information regarding the use of the site and the methods of processing the personal data provided, please refer to the "Terms of Use" and the "Privacy Policy", published on the .
Main conditions of the experiment
Gobid Group, through the platform, promotes the sale of the Goods on the basis of the information provided by the Seller, without verification or reprocessing.
For this reason, it should be noted that Gobid Group:
We are not responsible for any errors, omissions and inaccuracies in the online information.
does not own or be considered as the Custodian of the Goods subject to this experiment, which are the property of the Seller.
it is not liable for any defects, defects or lack of quality, total or partial, of the Goods offered for sale.
All Goods are sold in the condition in which they are at the time of sale ("as is"), without guarantees as to their characteristics or state of preservation.
For this reason, before proceeding with the formulation of the offer, it is strongly recommended to take an adequate view of the Assets, the documentation made available and to carry out independent checks, at one's own care and expense, before proceeding with the formulation of the offer.
By completing the process of formulating the offer, as indicated below, the User makes a binding offer; it will therefore not be possible to modify or revoke the offer submitted. Each User is invited to always check their offer before confirming it.
Vision of Assets
Interested parties can view the assets:
online through the available documentation;
live, by reservation at [email protected] or +39 02 86882269, or through the "Request Viewing" section.
Viewing is not allowed on Saturdays, Sundays and holidays.
Where necessary, for viewing purposes, interested parties will be required to provide any required documentation. By requesting a viewing, each interested party declares to be aware that the viewing of the Goods will be carried out under the exclusive responsibility of the interested party, with the express indemnity of Gobid Group and/or the Seller; Gobid Group and the Seller assume no responsibility for any damage to persons and/or property produced during viewing. It is therefore the responsibility of each interested party to carry out the viewing equipped with the necessary precautions according to the nature of the viewing Property.
Conduct of the experiment and how to participate
The experiment will take place on the platform, according to the terms and conditions indicated in the General Terms and Conditions of Sale applied to this experiment.
The experiment will be divided into two phases:
PHASE 1 – Collection of Irrevocable Purchase Offers
PHASE 2 – Online auction (if any).
The description shown in the Auction/Announcement form is an integral part of these Conditions of Sale.
PHASE 1 – COLLECTION OF IRREVOCABLE PURCHASE OFFERS
The Collection of offers will take place for the time indicated in the Announcement tab; within the time frame identified, each interested party will be able to register for the Announcement and formulate their offer, as indicated below.
In order to make their offer, each interested party will be required to access the ad page and click on the "MAKE AN OFFER" button.
Subsequently, the User will be required to access/register on the platform, using his/her credentials, to carefully read the General Conditions and Specifications of Sale applied to this experiment and to accept them.
Once this step has been carried out, the User can enter the amount he intends to offer for the purchase of the Lot and confirm the amount indicated.
Once the guided compilation has been completed, in order to formalize their offer, the Bidder will be required to download the offer form, supplementing any empty fields if necessary.
Once completed and signed, the form must be sent, from the email address with which the User registered on the portal, to the certified email address .
In addition to the offer form, the Offeror will also be required to send:
- accounting copy of the deposit paid;
- required documentation, as indicated in the Specific Conditions.
Irrevocable purchase offers, in order to be considered as such, must be accompanied by the payment of the required security deposit, the payment of which will constitute, itself, a formal commitment to purchase by the subscriber of each offer and the necessary documentation, as specified in the Specific Conditions.
The deposit must be paid in the amount indicated in the Specific Conditions, by bank transfer to the current account indicated therein and indicated in the offer form.
Attention: the reason for the transfer must be indicated as the one issued by the system when formulating the irrevocable offer, reported in the form itself.
The User must pay the security deposit well in advance of the deadline for the submission of bids.
The offer is not effective if it is lower than the price applied to the experiment (base price/minimum offer, where applicable), if the formulation process is completed after the established deadline and if the Offeror does not provide the security deposit within the prescribed terms.
The bid is irrevocable until the conclusion of the award process.
Following the deadline for the collection of bids, irrevocable purchase bids will be evaluated in order to determine their admissibility.
The Seller and/or Gobid Group reserve, at their sole discretion, the right to accept or reject the irrevocable purchase offers submitted by the bidders. Participation in the experiment does not determine, as a result, the emergence of any right or legitimate claim to transfer the asset in favor of the Bidder, therefore if the offer is not accepted, the security deposit paid will be put back at the disposal of the Bidder.
The Bidder, by participating in the experiment, declares, now and then, to be aware of the above and to waive any action against the Seller and/or Gobid Group for the purpose of possible and potential compensation for damages resulting from failure to award the Lot.
In the event of rejection of the bid, bidders will receive an email communication from Gobid Group regarding the inadmissibility of the bid.
In the presence of a single bid admitted at the end of Phase 1 – Collection of irrevocable purchase offers, the award may be made in favor of the only Bidder, without opening Phase 2 – Online Auction.
In the presence of several valid bids, the highest bid collected will be used as the auction base for a competitive sales experiment to be carried out online on the www.gobidreal.it platform (PHASE 2).
PHASE 2 – ONLINE AUCTION
Unless otherwise indicated in the Specific Conditions of Sale, only those who have made a valid offer during PHASE 1 – Collection of Offers, as indicated above, will be admitted to participate.
The online Auction published on the www.gobidreal.it website 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 best bid collected at the end of PHASE 1 – Bid Collection, will be formalized by Gobid Group, in the name and on behalf of the Bidder, through an online bid on the www.gobidreal.it platform, 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 make a bid on the www.gobidreal.it platform, according to the procedures published online on the web page dedicated to the Auction.
If more than one bid is received for the same Lot, priority will be given to the highest bid received or, in the case of bids of 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 consequent crediting of the same to the current account indicated in the Specific Conditions of Sale, upon sending the aforementioned offer).
Gobid Group will take care to inform all bidders of whether or not they are the highest bidders at the time of formalization of the irrevocable purchase offer mentioned above.
If bids are placed in the last 5 minutes before the deadline expires, the auction will be automatically extended by 5 (five) minutes from the last bid received to give all bidders the opportunity to make further bids (extra-time).
Please note that Gobid Group may always reserve the right to suspend, for any reason and/or reason, the tender procedure, without the bidders and/or any third party being able to raise exceptions.
The portal will www.gobidreal.it ensure that the personal data of each Bidder are not visible to the other bidders until the final closure of the online sales operations.
Type of bidsThe User can choose to formulate his/her bid as a "static bid" or as a "dynamic bid" (proxy bid), as indicated below:- The static bid is considered a fixed price bid, equal to the amount entered by the User in accordance with the Conditions applied to this experiment.- The maximum dynamic bid (proxy bid) is considered a dynamic price bid for the Lot, not visible to other users. When the Registered User enters a static bid, it may be outbid by an offer from other Users. The User, at this point, will be required to enter another static bid to win the Lotto.Se the registered User enters a maximum bid (proxy bid), this will be considered valid until it is exceeded by a bid, by other users, higher than the maximum bid. The bids will be automatic based on the minimum values indicated, aimed at exceeding the other bids submitted until the amount entered is reached. Bids will be considered valid only if submitted within the time frame of the Auction.
Award
At the end of the experiment, the preliminary phase of awarding the lots will begin, which will last a maximum of 10 working days, unless otherwise specified in the Specific Conditions.
In the presence of a single bid at the end of PHASE 1 – Collection of bids, the award will be made in favor of the only Bidder.
At the end of Phase 2 – Online Auction, the winner will be the one who has submitted the best valid bid by the end of the tender or any extension period.
In the event of multiple bids collected at the end of PHASE 1 – Bid Collection, in the event of no bids during Phase 2 – Online Auction, the User on whose behalf Gobid Group has formalized the irrevocable offer to purchase by online bidding, as specified above, will be declared the winner.
The deadline within which the successful bidder must pay the award price will run from the date of the award.
Subsequent improved offers submitted at the end of the experiment will not be taken into consideration.
The unsuccessful participants will be refunded the deposit paid, by bank transfer, within 20 working days from the auction deadline, without interest.
In the event of non-compliance, the successful bidder will be declared forfeited from the award, the deposit will be retained as a compensation penalty and the relevant lot may be put back on sale again, subject to agreement with the Owner.
Method of payment of the price and transfer of ownership
From the Confirmation of the Award, the terms for payment of the Lot to be awarded and the expenses related to the sale will run.
Payment must be made within the terms and according to the methods indicated in the Specific Conditions of Sale.
In the event of award, unless otherwise indicated in the Specific Conditions, the security deposit paid for the purpose of participation in the experiment will be made available to the successful bidder, without interest, only following the completion of the transfer of ownership, carried out in accordance with the Specific Conditions of sale to which reference is made.
The transferable effect of the sale in favour of the successful bidder will therefore occur only after the signing of the notarial deed indicated above.
The security deposit may be retained to cover any charges related to the sale, including the Buyer's Premium due, if not paid by the winning bidder, without prejudice to the right to act for the remainder.
It is understood that the transfer of ownership will be arranged only after full payment of the hammer price, the costs related to the sale and the Auction Commissions (Buyer's Premium) due to the auction house Gobid Group for the management of the online experiment.
The buyer is responsible for notary fees, legal taxes and all expenses related to the sale, tax and otherwise.
Unless otherwise indicated in the Specific Conditions of Sale, it is specified that the goods are sold free of encumbrances; if any, the same will be cancelled by and at the expense of the Seller in advance or at the same time as the sale, unless otherwise indicated in the Specific Conditions or agreement between the Parties.
The formulation of the offer in accordance with the Conditions of Sale applied to the online experiment is to be understood as a binding commitment to purchase by the User, therefore, in the event of non-payment within the established term, for reasons attributable to him, the award will be declared forfeited, the sale terminated and the deposit paid will be retained as a compensation penalty.
Auction fees (Buyer's Premium)
Irrevocable bids collected during Phase 1 – Bid Collection, as well as any bids placed during Phase 2 – Online Auction, will be subject to the application of auction fees (Buyer's Premium) for the online experiment management service. The winning bidder will be required to pay the Buyer's Premium due to the Gobid Group auction house, calculated as a percentage of the hammer price, plus VAT.
For the percentage applied, please refer to the Specific Conditions of Sale.
In the event of forfeiture of the award for reasons attributable to the successful bidder, the same will in any case be required to pay the above-mentioned dues, which, if paid, will be retained by Gobid Group.
Final Provisions and Guarantees
Each Item is sold by the Seller in accordance with the "as is" clause, in the state in which it is at the time of sale, without guarantees.
The existence of any defects, lack of quality or discrepancies of the thing sold, charges of any kind, cannot give rise to any compensation, indemnity or reduction of the price.
Gobid Group, through the www.gobidreal.it platform, promotes the sale of the Goods owned by the Seller, according to the information provided by the same, without reprocessing and verification. For this reason, Gobid Group is not responsible for any errors, omissions and inaccuracies in the online information.
It should also be noted that Gobid Group does not own or be considered as the Custodian of the Goods subject to this experiment, which are the property of the Seller.
Gobid Group is therefore not liable for any defects, defects or lack of quality, total or partial, of the Goods offered for sale.
All Goods are sold in the condition in which they are at the time of sale ("as is"), without guarantees as to their characteristics or state of preservation.
For this reason, before proceeding with the formulation of the offer, it is strongly recommended to take an adequate view of the Assets, the documentation made available and to carry out independent checks, at one's own care and expense, before proceeding with the formulation of the offer.
It is the responsibility of each participant to take a prior, complete and accurate view of the General and Specific Terms and Conditions of Sale applied to this experiment, of the documentation published online.
Given the above, with the formulation of the bid, the User declares to be aware that Gobid Group is not responsible for any errors, omissions and inaccuracies in the photos, descriptions, quantities and any other detail indicated in the Auction/Listing.
GOBID GROUP is not liable for direct and/or indirect damages, except for wilful misconduct or gross negligence. GOBID GROUP is absolutely not liable for: direct actions of the User that may cause damage or malfunction to the system, unavailability of viewing and/or use of , illicit use of , any event subsequent to the conclusion of the Auction.
GOBID GROUP cannot, under any circumstances, be held responsible for any malfunctions of the system that in any way may affect or delay the delivery of communications to the person registering. The recordings on the log file generated by the system constitute full and exclusive proof between all parties regarding the content and time of the documents/messages exchanged electronically. Registrants declare and acknowledge that the system registrations are full proof of the relationship between them. These recordings are confidential and will not be disclosed to third parties, except in the cases expressly provided for or by order of the Judicial Authority.
In the event of any disputes relating to the interpretation of the provisions contained in the General and Specific Conditions reported on the platform, possibly translated into other languages, the Italian version of the text will prevail.
Unless specified, the times shown in the Specific Conditions and on the platform refer to the time zone indicated in the server time published on the website