GENERAL TERMS AND CONDITIONSThis is a collection of irrevocable purchase offers relating to the lots published on the platform
www.gobidreal.it.
Please note that the irrevocable purchase offers covered by this collection do not entail any obligation or commitment to sell on the part of the PRINCIPAL, nor any costs for any mediation or consultancy services (apart from the assignment granted to the AGENT), and do not constitute invitations to make offers, offers to the public pursuant to art. 1336 of the Italian Civil Code, or solicitations of public savings pursuant to art. 94 et seq. of Legislative Decree 58/1998.
For the participation rules and all information relating to the above collection, please refer to the specific 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. - Tax Code 09441470961, authorised to conduct auction sales under Licence issued by the Police Commissioner of Milan no. 13/2008 on 9/04/2008.
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 assignment granted by the Principal.
Principal: Person responsible for the Proceedings
Agent:GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Proceedings:insolvency proceedings declared by the Court or a sales assignment granted by private parties
Auction: Competitive online sale of real estate published on
www.gobidreal.itListing: Publication of a notice concerning the sale or collection of offers/expressions of interest in real estate, published on
www.gobidreal.itLot: 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 a Registered User to participate in an individual
AuctionBidder Number: Identifier of the Registered User
General Terms and Conditions: These terms and conditions
Specific Conditions: 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, the attainment of which 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 intends to pay for the lot
Minimum Increment: Predetermined amount added to the current price, required in order to place a static bid.
Extra time : Extension of the time available for placing bids in an auction (see the Extra-time section)
Provisional Award: Notification sent to the highest bidder by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Award Price: Amount of the Lot's Award Price, net of any Buyer’s Premium due and any additional tax and other costs
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 Conditions For each auction or listing, where applicable, Specific Conditions will be published, setting out all specific information relating to the auction or listing itself and the lots.
These terms and conditions apply unless otherwise specified in the Specific 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, indicating their dates, 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 listings.
4. Participation Procedures and Submission of Offers.4.1 Listing User participation in the listing format shall be governed by the specific conditions, where applicable.
4.2 Online Auction4.2.1 Registration processTo 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 user when registering on the website and for the auctions will be the same details to which the award may 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 users. 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 current account specified in the specific conditions of sale and on the registration page.
Where indicated in the specific conditions of sale, the deposit may be paid online by credit card.
The user must specify the auction number they wish to participate in and, at the same time, send a copy of the bank transfer receipt to
[email protected] The security deposit must be credited before the end of the auction, unless otherwise indicated in the specific 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 in the "My Documents" section or sending them to
[email protected] - IF AN INDIVIDUAL:
- Copy of a valid identity document of the person in whose name the property will be registered (the property cannot be registered in the name of a person other than the person who signs the registration, in accordance with the procedure described in section 5.1)
- Copy of the tax code
- If the bidder is married under the community property regime, the corresponding details of their spouse must also be provided, together with a copy of the spouse's identity document (this document is not required for authorisation, but is required in the event of award)
- IF COMPANIES or ENTITIES:
- Up-to-date company registry extract or certificate from the Chamber of Commerce, Industry, Handicraft and Agriculture (C.C.I.A.A.)
- Copy of a valid identity document of the person who signed the offer on behalf of the company and, if that person is not the legal representative, a copy of the document evidencing the relevant powers
- Copy of the tax code of the person who signed the offer
- Any duly legalized translation of the company registry certificate, if the company is not Italian
- Special power of attorney received or authenticated by a notary, in the event of participation through a representative
Where provided for by specific terms, additional documents will be required to supplement those mentioned above.
5. Irrevocable purchase offer 5.1 Procedure for completing offers at the auction starting price
The combined effect of crediting the security deposit, completing registration for the auction—with express acceptance of the general and specific conditions 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 deemed equivalent to an irrevocable purchase offer at the price set as the starting price for each sale attempt and shall itself constitute a binding purchase commitment on the part of the user.
This offer shall be entered directly on the platform by the Agent by placing an online bid on behalf of the first user to complete the procedure described above.
If there are several participants who have formalized their irrevocable purchase offers as described above, and none of the bidders places a higher bid on the Platform, the person who shall be deemed the highest bidder and, therefore, provisional successful bidder shall be the first, in chronological order, to:
- have completed the aforementioned procedure.
The Agent shall inform all bidders, by any means, whether or not they are the highest bidders when the aforementioned irrevocable purchase offer is formalized.
5.2 Submission of offers to increase the starting price. Placing higher bids The offer entered on behalf of the first bidder may be outbid by higher bids placed by any authorized user.
To be deemed the highest bidder (and therefore the provisional successful bidder), a user must have placed the highest offer at the end of the online auction.
Clearly, if several participants place higher bids on the auction starting price offer, the user recognized as the "first bidder" may also compete to win the lots by placing higher bids on the current price.
To win the lot(s) for sale, users will be invited to increase the price indicated in the auction (and therefore to place at least one higher bid) as follows:
5.2.1 Static bid A "static bid" means a bid at the price published online, plus a predetermined minimum increment.
5.2.2 Maximum bid (Proxy Bid):
A "proxy bid" is a maximum-amount offer. It corresponds to the maximum amount the user is willing to offer for each lot. Each bidder enters the proxy bid amount manually.
Until the user's maximum bid is exceeded by a higher offer, that user shall be deemed the highest bidder and, therefore, the provisional successful bidder.
The current price shall automatically adjust according to the predetermined bid increments, up to the amount set as the "maximum bid".
The amount of a user's maximum bid (proxy bid) shall not be visible to other users.
5.3. Validity of offers In all cases (static bid—maximum bid—open bid), offers shall be considered valid only if submitted during the auction period.
5.3.1 Extra time If a winning bid is placed during the 5 minutes before the auction closes, the time available to place another bid shall be extended by a further 5 minutes from the last bid received. This shall continue in the same way for every winning bid received within the 5-minute extra-time period, until the available time expires.
In the event of extra time, 5 minutes must pass without any further offer being recorded after the last bid received before the auction may be considered definitively closed.
Automatic bid increments in the event of a maximum bid (proxy bid) shall also be considered winning bids.
5.4. Awarding of lots At the end of each auction, following a review phase, the highest bidders shall be sent confirmation of provisional award pursuant to Article 107 of the Bankruptcy Law, and shall be required to make payment by the deadline specified in the specific conditions of sale.
The provisional award shall be made to the bidder who submitted the highest offer for each lot or, if no further bids are placed, to the bidder recognized as the first, in chronological order, to have completed the procedure for finalizing the irrevocable purchase offer described in section 5.1.
In the event of an award, the full purchase price must be paid by bank transfer to the account designated for the proceedings within the time limits established in the specific conditions, failing which the award shall be forfeited and the security deposit definitively lost.
The deed of sale shall be executed by notarized deed in accordance with the procedures established by the Principal (described in section 11, Transfer of ownership)
Submitted offers are binding and constitute a formal purchase commitment. If the successful bidder fails to pay the purchase price within the time limits established in the specific conditions of sale, or if the award is forfeited, the sale shall be automatically rescinded and the security deposit shall be retained in accordance with the procedures set out in the "Security deposit" section. In that case, the award shall be made successively to the next highest bidder, who must have completed the procedure described in section 5.1 or placed a higher bid in accordance with section 5.2.
5.5 Other provisions Where provided for by law, the Principal, as the party responsible for the sale procedure, may exercise the option provided for in Article 107, fourth paragraph, of the Bankruptcy Law and suspend the sale upon receipt of an improved irrevocable purchase offer for an amount no less than ten percent of the price offered.
In any event, GOBID INTERNATIONAL AUCTION GROUP S.r.l. reserves the right to suspend the auction or the award of the lots in agreement with the Principal.
6. Obligations of the PrincipalPursuant to Article 107 of the Bankruptcy Law, the Principal undertakes to give notice to each mortgage creditor or creditor otherwise holding a preferential claim by means of notification at least 20 days before the date set for the conclusion of each sale attempt, and to inform the Delegated Judge and the Creditors' Committee of the outcome of each sale attempt by filing the relevant documentation with the Court Registry.
The Principal declares that any registrations relating to rights of pre-emption, registrations of attachments and precautionary seizures, and any other encumbrances affecting the real estate offered for sale shall be cancelled pursuant to Article 108 of the Bankruptcy Law once the sale has been completed and the price has been paid in full. Unless otherwise provided in the specific conditions of sale, all formalities for the cancellation shall be carried out at the expense of the successful bidder.
7. Buyer’ s Premium
The fee payable to the Agent shall be borne exclusively by the buyer and is indicated as the Buyer’s Premium. It shall be calculated on the hammer price of the asset, in accordance with the procedures set out in the specific terms of sale.
8. Costs The buyer shall bear the notarial fees, statutory taxes and all expenses relating to the sale, whether tax-related or otherwise. The Principal shall communicate the exact amount of the costs and specify them correctly as soon as possible.
The Principal shall act accordingly, taking into account the tax rules applicable to the transaction and any tax relief the buyer intends to claim. The Principal shall therefore verify whether the transaction is subject to VAT or registration tax and, where the relevant conditions are met, specify whether it intends to apply the reverse charge mechanism.
At the end of the sale, the Agent shall also ask the successful bidder whether they intend to claim the first-home tax relief or any other tax relief, and shall inform the Principal accordingly, so that the Principal can calculate the exact amount of tax the buyer will be required to pay.
The successful bidder shall pay the costs within the time limits set out in the specific terms of sale.
9. Security deposit Participation in the auction is conditional upon payment of a mandatory security deposit, as specified in the specific terms of sale.
Before being authorised to participate in the auction, participants must pay the amount specified above by 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 closes.
For payments by bank transfer, a BIR transfer (large-value bank transfer) is recommended.
If participants do not win any assets at the auction, the security deposit will be refunded, without interest, within 20 working days of the auction award.
If one or more lots are awarded, the security deposit will be refunded after the buyer has completed the transfer of ownership of the real estate purchased at auction by means of a notarial deed, subject to authorisation by the Principal. In such cases, at the Principal’s discretion, the security deposit may be retained to cover any costs attributable to the Proceedings, as well as to cover any other services provided by the Agent.
If the security deposit is paid by credit card, it will be charged to the Agent’s current account, and the Agent will refund the amount thus held in accordance with the procedures described above.
If the buyer wins at least one lot at auction, the Agent may, in agreement with the Principal, deduct the security deposit from the total amount payable by the buyer.
If, after paying the security deposit and winning a lot, the bidder fails to complete the purchase within the time limits set out in the specific terms of sale, including payment of the hammer price, the Buyer’s Premium and any additional costs, the sale shall be automatically terminated and the security deposit shall be retained as liquidated damages.
10. Payments The provisional successful bidder for one or more lots must comply with the specific terms of the auction, which will specify the deadlines for payment of both the lots won and the Buyer’s Premium due, as well as any additional costs, and the applicable 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 specified in the specific terms. The payment details will be provided when the user receives confirmation of the provisional auction award.
If the amounts due are not paid in full within the specified time limits, the sale shall, in agreement with the Principal, be automatically terminated and the security deposit shall be retained as liquidated damages, with the auction award consequently being forfeited.
11 . Transfer of ownership Ownership shall be transferred only after full payment of the hammer price and costs, as provided for in the specific terms of sale, by means of a notarial deed in accordance with the procedures established by the Principal, unless otherwise specified in the specific terms of sale.
In the case of judicial sales, the Principal shall also notify the Delegated Judge, so that the Judge may arrange for the cancellation of adverse registrations relating to the real estate being transferred pursuant to Article 108 of the Bankruptcy Law, as indicated in Article 6.
Once the payment deadlines set out in the specific terms of sale have passed, if the transfer of ownership is not completed, the sale shall be automatically terminated and the amount paid by the successful bidder as the Buyer’s Premium shall be retained by the Agent as liquidated damages. The amount paid by the successful bidder as a security deposit shall instead be retained in accordance with the provisions of the Security Deposit section.
12. Warranties GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall not be liable for any failure to correspond, or partial correspondence, between the descriptions of the lots offered at auction or in the listings published on the platform and the actual lots.
For all matters not covered by these general terms or the specific terms, the provisions of the Terms of Use of the website
www.gobidreal.it shall apply.
The registered user acknowledges the possible objective and subjective issues arising from the use of an online auction or online listing conducted via the internet, for which GOBID INTERNATIONAL AUCTION GROUP S.r.l. cannot be held liable.
GOBID INTERNATIONAL AUCTION GROUP S.r.l. shall not be liable for direct and/or indirect damage 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 disrupt the system; unavailability of access to and/or use of www.gobidreal.it; unlawful use of www.gobidreal.it; or any event occurring after the auction has concluded.
For all matters not expressly covered by these general and specific terms, reference is made to the provisions of the Code of Civil Procedure and the Bankruptcy Law.
The sale of real estate is a compulsory sale (Article 2919 of the Italian Civil Code). The assets are sold as seen and accepted, in their actual and legal condition. In a compulsory sale, no warranty is given for defects in the asset. The sale may not be challenged on grounds of damage. (Article 2922 of the Italian Civil Code).
The Agent shall have no liability whatsoever for the existence of third-party rights over assets subject to sale (Article 2920 of the Italian Civil Code).
The real estate is sold in its actual and legal condition, together with all appurtenances, additions, rights and claims, and active and passive easements. The sale is of the property as a whole and not by measurement, and without any warranty for defects or other deficiencies.
UNAUTHORISED WORKS, VIOLATIONS, ENCUMBRANCES, COMPLIANCE WITH CURRENT REGULATIONS
For further information concerning any unauthorised works, violations, encumbrances or non-compliance with current regulations relating to the lots for sale, please refer to the attached appraisal.
The lots are sold as seen and accepted, in their current condition.
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 provided for the auction or in the listings. For this reason, inspection of the lots is strongly recommended in order to verify their actual condition of the goods at auction. No warranty is given by GOBID INTERNATIONAL AUCTION GROUP S.r.l. or the Principal
By accepting these conditions, the buyer releases GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal from any warranty or third-party claim.
In the event of any disputes concerning the interpretation of the provisions contained in the general and specific terms and conditions shown on the platform, which may have been translated into other languages, the Italian version of the text shall prevail.
Unless otherwise specified, the times stated in the specific terms and conditions and on the platform refer to the time zone indicated by the server time published on the website