GENERAL TERMS AND CONDITIONS

Table of Contents:
 
·         Art. 1. Definitions
·         Art. 2. Applicability
·         Art. 3. Publication and conduct of auctions and announcements
·         Art. 4. Participation procedures and submission of bids
·         Art. 5. Irrevocable purchase offer
·         Art. 6. Obligations of the Principal
·         Art. 7. Buyer's Premium
·         Art. 8. Charges
·         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, authorized for auction sale with License issued by the Milan Chief of Police No. 13/2008 of 09/04/2008.
gobidreal.it: Registered trademark owned by GOBID INTERNATIONAL AUCTION GROUP S.r.l.
www.gobidreal.it: The website managed by GOBID INTERNATIONAL AUCTION GROUP S.r.l. for the sale of real estate properties on assignment conferred by the Principal.
Principal: Responsible for the Procedure
Agent:GOBID INTERNATIONAL AUCTION GROUP S.r.l.
Procedure:insolvency procedure declared by the Court or sale assignment conferred by private parties
Auction: Competitive online sale of real estate properties published on www.gobidreal.it
Announcement: Publication of a notice concerning the sale or collection of offers/expressions of interest on real estate properties published on www.gobidreal.it
Lot: Asset or group of assets present, subject of Auction or Announcement
Registered user: User registered on www.gobidreal.it
Auction registration: Authorization requested by the registered user to participate in the individual Auction
Bidder Number: Identifier of the registered User
General Conditions: these terms and conditions
Specific Conditions: Specific terms and conditions of the Auction
Deposit: Amount to be paid for participation in the Auction.
Base Price: Starting price of the individual lots
Reserve price: Minimum price the reaching of which authorizes the provisional award of the lot
Current price: Current price of the Lot, resulting from the bid(s) made 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 bid increment: Predefined amount added to the current price required to formalize the static bid.
Extra-time : Extension of the time allowed to place bids in the auction  (see Extra-time section)
Provisional award: Communication addressed to the highest bidder by GOBID INTERNATIONAL AUCTION GROUP S.r.l.  
Award price: Award amount of the lot, net of any Buyer's Premium due and any additional tax and non-tax charges
Buyer's Premium: Fee due to the agent calculated on the taxable base of the award price

 
2. Applicability: 
 
These conditions apply to the use of the website www.gobidreal.it and, in particular, to the publication and conduct of auctions and announcements, as well as to the terms and conditions of user participation.
 
     2.1. Specific conditions
 
For each auction or announcement, where provided, the Specific Conditions will be published, indicating all specific information relating to the auction or the announcement itself and the lots
These conditions apply unless otherwise indicated by the Specific Conditions of each individual auction or announcement 
 
 
 
3.  Publication and conduct of auctions and announcements
 
Auctions and announcements will be published on the website www.gobidreal.it indicating the dates of conduct and the lots present and, where provided, 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 interrupt the auction or announcements.
 
 
4. Participation Procedures and Submission of Bids.
4.1 Announcement  
 
The user's participation in the announcement mode will be governed by the specific conditions, where present.
 
4.2 Online auction
4.2.1 Registration process
To participate in the sale, the user must register on the website www.gobidreal.it, entering their personal data, request registration for the auction, accepting its terms and conditions.
 
The data entered by the subject during registration on the website and for the auctions will be the same to which the award may be attributed and to which the property will be registered. All required payments, before and after the sale, must be made by the registered subjects.  Any powers of attorney or delegations may be considered subject to authorization by the Principal.
 
The user must pay the required security deposit by bank transfer to the account specified in the specific sale conditions and on the registration page.
Where indicated in the specific sale conditions, payment of the deposit may be made online by credit card.
 
The user must specify the auction number for which they intend to participate and simultaneously send an accounting copy of the bank transfer made to the address [email protected]
 
The security deposit must be mandatorily credited before the auction deadline, unless otherwise indicated in the specific sale conditions.
 
In addition to the crediting of the security deposit, the user, to be enabled to participate in the auction, must provide the following documents by uploading them in the "My Documents" section or by sending them to the address [email protected]
 
-       IF NATURAL PERSON:
 
-       Copy of a valid identity document of the person in whose name the property will be registered (it will not be possible to register the property in the name of a person other than the one who signs the registration, according to the procedure described in point 5.1)
-       Copy of the tax code
-       If the bidder is married under a legal community of property regime, the corresponding data of the spouse must also be indicated, sending the relevant copy of the identity document (document not binding for enabling purposes but required in case of award)
 
-       IF COMPANIES or ENTITIES:
 

Where provided for by specific conditions, further documents will be required, which will supplement those mentioned above.
 
5. Irrevocable purchase offer 
 
5.1 Procedure for finalizing offers at the auction base price
 
The combined effect of the crediting of the security deposit, the formalization of 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 sending of all required supporting documentation, as specified above in point 4.2.1, will be considered equivalent to an irrevocable purchase offer at the price set as the auction base price for each sale attempt and will constitute, in itself, a binding purchase commitment by the user.
 
This offer will be formalized on the platform directly by the Agent via online bid, on behalf of the first user who has completed the finalization procedure described above.
           
If there are multiple participants who have formalized their irrevocable purchase offer, according to the methods described above, and none of the bidders makes a higher bid on the Platform, the best bidder and therefore provisional winning bidder will be the one who, first, in chronological order:
 
            - has completed the aforementioned procedure.
 
The Agent will take care to inform all bidders by any means whether or not they are the best bidders at the time of formalization of the aforementioned irrevocable purchase offer. 

5.2 Submission of bids for increase of the base price.
 
Formulation of higher bids
 
The offer, formalized by the first bidder, may be exceeded by bids of a higher amount, made by any enabled user.
 
The user who wants to be the best bidder (and therefore provisional winning bidder) must have placed the highest offer at the end of the online auction.
 
Clearly, if there are multiple participants who make higher bids on the offer at the auction base price, even the user recognized as the "first bidder" may compete for the award of the lots by making higher bids on the current price.
 
In order to be awarded the lot(s) on sale, users will be invited to increase the price indicated in the auction (and therefore to make at least one higher bid) according to the following methods:
 
 
 
5.2.1 Static offer 
 
By "static offer" we mean a bid at the price published online, plus a predetermined minimum increment.
 
 
5.2.2 Maximum offer (Proxy Bid):
 
By "proxy bid" we mean an offer at the maximum amount. It corresponds to the maximum figure that the user is willing to offer for each lot. The value of the proxy bid is entered manually by each bidder.
 
Until the maximum offer made by the user is exceeded by an offer of a higher amount, that same user will be the best bidder and therefore provisional winning bidder.
 
The current price will automatically adjust based on the amount of the predetermined higher bids, until reaching the value set as the "maximum offer".
 
The value of the maximum offer (proxy bid) made by a user will not be visible to other users.
 
 
5.3. Validity of bids
 
In any case (static bid – maximum bid – free bid), bids will be considered valid only if submitted during the auction period.
 
5.3.1 Extra time 
 
If a winning bid is placed in the 5 minutes preceding the auction closing, the time available to place another bid will be extended by a further 5 minutes from the last bid received. And so on, for each winning bid received within the 5 minutes of extra time, until the end of the time available.
 
In the event of extra time, 5 minutes must pass without any additional bid being recorded from the last bid received before the auction can be considered definitively closed.
 
Automatic bids in the case of a maximum bid (proxy bid) will also be considered winning bids.
 
 
5.4. Awarding of lots
 
At the end of each auction process, following an examination phase, the best bidders will be sent a provisional award confirmation pursuant to Art. 107 of the Bankruptcy Law, against which they will be required to make payments by the deadline set in the specific sale conditions.
 
The provisional award will be granted to the bidder who has submitted the highest bid for each lot, or, in the absence of further bids, to the bidder who is recognized as the first, in chronological order, to have completed the procedure for finalizing the irrevocable purchase offer described in point 5.1.
 
In the event of award, the sale price must be paid in full by bank transfer made out to the procedure within the deadlines set in the specific conditions, on pain of forfeiture and definitive loss of the deposit.
 
The sale deed will be stipulated by notarial deed according to the methods established by the Principal (described in point 11, Transfer of ownership)
 
The bids submitted are binding and constitute a formal commitment to purchase. If the successful bidder does not pay the consideration within the deadlines set in the specific sale conditions, or if the award should lapse, the sale will be automatically terminated and the deposit will be retained, according to the methods set out in the "Security Deposit" section. In that case, the award will be assigned successively, in favor of the next best bidder, who has completed the procedure described in point 5.1 or placed a bid, on the basis of what is illustrated in point 5.2.
 
 
 
5.5 Other provisions
 
Where required by law, the Principal, as manager of the sale procedure, may avail itself of the power provided by Art. 107, fourth paragraph, of the Bankruptcy Law, and suspend the sale in the event of receipt of an improved irrevocable purchase offer for an amount not less than ten percent of the offered price
 
In any case, GOBID INTERNATIONAL AUCTION GROUP S.r.l. reserves the right to suspend the auction or the awarding of lots in agreement with the Principal.
 
 
 
6. Obligations of the Principal
Pursuant to Art. 107 of the Bankruptcy Law, the Principal undertakes to give notice by notification to each of the mortgage creditors or otherwise privileged creditors at least 20 days before the date set for the conclusion of each sale attempt, as well as to inform the Delegate Judge and the Creditors' Committee of the outcome of each sale attempt, by filing the relevant documentation in the Court Registry.
 
The Principal declares that any registrations relating to pre-emption rights, transcriptions of seizures and preventive attachments and any other encumbrance burdening the real estate put up for sale will be cancelled pursuant to Art. 108 of the Bankruptcy Law once the sale has been completed and the price fully collected. Unless otherwise provided in the specific sale conditions, any formality for cancellation will be carried out at the expense of the successful bidder.
 
7. Buyer’s Premium 
The compensation due to the Agent will be borne exclusively by the buyer and indicated with the wording Buyer’s Premium. It will be calculated on the award amount of the asset, according to the methods indicated in the specific sale conditions.
 
 
8. Charges 
 
Notarial charges, statutory taxes and all sale-related expenses, fiscal and otherwise, will be borne by the buyer. Communication regarding the exact amount of the charges and their correct specification must be made by the Principal as soon as possible.
 
The Principal must take action in this regard, taking into account the tax regime of the transaction and any relief that the buyer intends to use. The Principal will therefore be required to verify whether the transaction is subject to VAT or registration tax and to specify, if the conditions exist, whether it intends to use the reverse charge.
 
At the end of the sale, the Agent will finally ask the successful bidder whether they intend to use the first-home benefit or another tax benefit and inform the Principal accordingly, so that it can calculate the exact amount that the buyer will be required to pay in terms of taxes.
 
The successful bidder must pay the expenses within and no later than the deadlines indicated in the specific sale conditions.
 
 
 
9. Security Deposit
 
 
Participation in the auction is subject to the payment of a mandatory security deposit defined in the specific sale conditions.
 
Before being enabled to participate in the auction, participants must pay the amount set above by bank transfer or, where provided in the specific conditions, by credit card through the platform. Payments must be made as set out in the specific sale conditions.
The deposit must be credited unconditionally before the end of the auction.
 
For payment by bank transfer, it is recommended to make a BIR-type transfer (bank transfer of significant amount)
 
If the auction participants do not win any asset, the deposit will be returned within 20 business days of the award, without interest.
In the event of award of one or more lots, the security deposit will be returned after the buyer has completed the transfer of ownership of the real estate purchased at auction by notarial deed, subject to authorization provided by the Principal. In such a case, the security deposit may be retained both to cover any charges attributable to the Procedure, at the Principal's discretion, and to cover any other services provided by the Agent.
In the event of payment of the security deposit by credit card, the deposit will be collected into the Agent's current account, which will return the amount so retained in the manner described above.
If the buyer wins at least one lot at auction, it will be at the Agent's discretion, in agreement with the Principal, to deduct the deposit from the total amount owed by the buyer.
If, in the event of award, after paying the deposit, the bidder does not complete the purchase within the deadlines set in the specific sale conditions, both as award price and as Buyer’s Premium and any additional charges, the sale will be automatically terminated and the deposit will be retained as a compensatory penalty.
 
10. Payments
 
The provisional successful bidder of one or more lots is required to comply with the specific auction conditions where the terms for payment of both the awarded lots and the Buyer’s Premium due as well as additional charges, and the related compensation clauses in the event of non-compliance with the aforementioned conditions, will be specified.
All payments must be made in full exclusively by bank transfer, unless otherwise provided in the specific conditions. The details will be specified upon receipt by the user of the provisional award confirmation.
 
In the event that payment of the amounts due is not completed within the established terms, in agreement with the Principal, the sale shall be automatically resolved and the security deposit shall be retained as a compensatory penalty, with consequent forfeiture of the award.
 
 
 
 
11 . Transfer of ownership
 

12.  Warranties
 
GOBID INTERNATIONAL AUCTION GROUP S.r.l.  is not responsible for the lack or partial correspondence of the descriptions of the lots present in the auction or in the advertisements published on the platform.
 
For all matters not provided for in these general conditions or in the specific conditions, the provisions contained in the Terms of Use of the website www.gobidreal.it shall apply.
 
The registered user is aware of the possible objective and subjective issues arising from the use of an online auction or online advertisement carried out via the internet for which GOBID INTERNATIONAL AUCTION GROUP S.r.l. cannot be held responsible.
 
GOBID INTERNATIONAL AUCTION GROUP S.r.l.  shall not be liable for direct and/or indirect damage or liability except in cases of willful misconduct or gross negligence on its part. Under no circumstances GOBID INTERNATIONAL AUCTION GROUP S.r.l.  shall be liable for: direct actions of the user that may cause damage or malfunction to the system, unavailability of display and/or use of www.gobidreal.it, unlawful use of www.gobidreal.it, any event after the conclusion of the auction.
 
For all matters not expressly provided for in these conditions, general and specific, reference is made to the rules of the Code of Civil Procedure and the Bankruptcy Law.
The sale of real estate is understood to be forced (Art. 2919 of the Civil Code). It is arranged for goods seen and liked in the factual and legal state in which they are found. In forced sales, the warranty for defects of the thing does not apply. It cannot be challenged on grounds of damages. (Art. 2922 of the Civil Code).
 
Any liability on the part of the Agent is excluded with regard to the existence of third-party rights over the goods subject to sale (Art. 2920 of the Civil Code).
           
The sale of real estate takes place in the factual and legal state in which they are found, with all any appurtenances,     accessions, rights and actions, active and passive easements. The sale is by lump sum and not by measure, and without any warranty for defects       or other lack.
 
ABUSES, VIOLATIONS, ENCUMBRANCES, COMPLIANCE WITH CURRENT REGULATIONS
For further information regarding any abuses, violations, encumbrances or non-compliance with current regulations of the lots for sale, reference is made to the attached expert appraisal.
 
The lots are sold as seen and liked in the state in which they are found.
The viewing of the lots in auction is strongly recommended, GOBID INTERNATIONAL AUCTION GROUP S.r.l. or the Principal decline all liability for any errors, omissions and inaccuracies in the photos, descriptions and any other detail indicated in the auction or in the advertisements,  for this reason the viewing of the lots is strongly recommended in order to verify the actual condition of the goods in auction.
 
No warranty is given by GOBID INTERNATIONAL AUCTION GROUP S.r.l. or by the Principal
 
The buyer, by accepting these conditions, indemnifies GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal against any warranty or claim of third parties.


In the event of any disputes arising relating to the interpretation of the provisions contained in the general and specific conditions shown on the platform, possibly translated into other languages, the Italian version of the text shall prevail.