GENERAL TERMS AND CONDITIONSThis is a collection of irrevocable purchase offers concerning the lots published on the platform
www.gobidreal.it.
It is hereby specified that the irrevocable purchase offers covered by this collection do not impose on the PRINCIPAL any obligation or commitment to sell, nor any costs for any mediation or consultancy services (other than those covered by the engagement 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 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. Obligations of the Principal
· 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, authorized to conduct auctions under License No. 13/2008 issued by the Police Commissioner of Milan 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 engagement granted 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 granted by private individuals
Auction: Competitive online sale of real estate published on
www.gobidreal.itListing: Publication of a notice concerning the sale or the collection of offers/expressions of interest for real estate, published on
www.gobidreal.itLot: An asset or a group of assets offered in an Auction or Listing
Registered User: User registered on www.gobidreal.it
Auction Registration: Authorization requested by the Registered User to participate in an individual
AuctionBidder Number: Identifier of the Registered User
General Terms and Conditions: These terms and conditions
Specific Terms and Conditions: Specific terms and conditions of the Auction
Deposit: Amount payable to participate in the Auction.
Starting Price: Starting price of the individual lots
Reserve Price: Minimum price which, if reached, authorizes 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 for placing 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 fiscal or other charges
Buyer’s Premium: Fee due 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 For each auction or listing, where applicable, the Specific Terms and Conditions will be published, setting out all specific information relating 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, indicating 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 listings.
4. Participation procedures and submission of offers.4.1 Listing User participation in the listing process will be governed by the Specific Terms and 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 person 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, both before and after the sale, must be made by the registered persons. Any powers of attorney or delegations may be considered subject to the Principal’s authorization.
The user must pay the required security deposit by bank transfer to the current 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 in which they intend to participate 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 crediting the security deposit, to be authorized to participate in the auction the user must provide the following documents by uploading them in the My Documents section or by 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 may not be registered in the name of a person other than the person who completed the registration, in accordance with the procedure described in section 5.1)
- Copy of the tax code
- If the bidder is married under the statutory community of property regime, the corresponding details of their spouse must also be provided, together with a copy of their identity document (this document is not required for authorization but will be required in the event ofaward)
- IF COMPANIES or ENTITIES:
- Up-to-date company registry extract or C.C.I.A.A. certificate
- Copy of a valid identity document of the person who signed the bid on behalf of the company and, if that person is not the legal representative, a copy of the document evidencing their relevant powers
- Copy of the tax identification code of the person who signed the bid
- Any duly legalised 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 specified in the specific terms and conditions, additional documents will be required to supplement those listed above.
5. Irrevocable purchase offer 5.1 Procedure for completing offers at the auction starting price
The combined effect of crediting the security deposit, formalising 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 deemed equivalent to an irrevocable purchase offer at the price set as the starting price for each auction attempt and shall itself constitute a binding purchase commitment on the part of the user.
This offer shall be formalised on the platform directly by the Agent by placing an online bid on behalf of the first user to complete the procedure described above.
If there are multiple participants who have formalised their irrevocable purchase offer in the manner described above, and none of the bidders places a further bid on the Platform, the best bidder and, therefore, the provisional successful bidder shall be the person who, first in chronological order:
- has completed the aforementioned procedure.
The Agent shall inform all bidders, by any means, whether or not they are the best bidders when the aforementioned irrevocable purchase offer is formalised.
5.2 Submission of bids to increase the starting price. Placing further bids The offer formalised for the first bidder may be exceeded by higher bids placed by any authorised user.
To be the best bidder (and therefore the provisional successful bidder), the user must have placed the highest bid by the end of the online auction.
Clearly, if multiple participants place further bids above the auction starting price, the user recognised as the “first bidder” may also compete to win the lots by placing further bids above the current price.
To purchase the lot(s) for sale, users will be invited to increase the price shown at auction (and therefore to place at least one further 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” means a bid for a maximum amount. This is the maximum amount that 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 remain the best bidder and, therefore, the provisional successful bidder.
The current price will 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) will not be visible to other users.
5.3. Validity of bids In all cases (static bid – maximum bid – open bid), bids shall be deemed valid only if submitted during the auction period.
5.3.1 Extra time If a winning bid is placed in the 5 minutes before the auction closes, the time allowed for placing 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 bidding period ends.
In the event of extra time, 5 minutes must pass without any further bid being recorded after the last bid received before the auction may be deemed definitively closed.
Automatic increments in response to 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 best bidders shall receive confirmation of provisional award pursuant to Article 107 of the Bankruptcy Law, following which they shall be required to make payment by the deadline specified in the specific terms of sale.
The provisional award shall be made to the bidder who has submitted the highest bid for each lot or, if no further bids have been placed, to the bidder recognised as the first in chronological order to have completed the procedure for finalising 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 in the name of the proceedings, within the deadlines set out in the specific terms, failing which the award shall be forfeited and the security deposit permanently lost.
The deed of sale shall be executed by means of a notarial deed in accordance with the procedures established by the Principal (described in section 11, Transfer of ownership).
Submitted bids are binding and constitute a formal commitment to purchase. If the successful bidder fails to pay the consideration within the deadlines set out in the specific terms of sale, or if the award is forfeited, the sale shall automatically be 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 best bidder, who must have completed the procedure described in section 5.1 or placed a further bid, as set out in section 5.2.
5.5 Other provisions Where permitted 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 irrevocable purchase offer that is at least ten per cent higher than the offer submitted.
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 by serving each mortgage creditor or creditor otherwise holding a preferential claim 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, filing the relevant documentation with the Court Registry.
The Principal declares that any registrations relating to pre-emption rights, entries of attachments and precautionary seizures, and any other encumbrances on 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 terms 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 charged exclusively to the buyer and indicated as the Buyer’s Premium. It shall be calculated on the hammer price of the asset, according to the methods set out in the specific conditions of sale.
8. Costs The buyer shall bear the notarial fees, statutory taxes and all costs relating to the sale, whether tax-related or otherwise. The Principal shall provide information on the exact amount of the costs and their proper itemisation as soon as possible.
The Principal shall take the necessary steps in this regard, taking into account the tax treatment of the transaction and any tax relief that the buyer intends to claim. The Principal shall therefore be required to verify whether the transaction is subject to VAT or registration tax and, where the relevant conditions are met, to 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 benefit or any other tax benefit and shall inform the Principal accordingly, so that the Principal can calculate the exact amount of tax payable by the buyer.
The successful bidder shall pay the costs within the time limits set out in the specific conditions of sale.
9. Security deposit Participation in the auction is conditional upon payment of a mandatory security deposit, as specified in the specific conditions of sale.
Before being authorised to participate in the auction, participants shall pay the amount specified above by bank transfer or, where provided for in the specific conditions, by credit card through the platform. Payments shall be made as set out in the specific conditions of sale.
The deposit must be credited before the auction ends.
For payments by bank transfer, a BIR transfer (large-value bank transfer) is recommended.
If participants do not purchase any assets at the auction, the deposit shall be refunded within 20 working days of the auction closing, without interest.
If one or more lots are successfully bid on, the security deposit shall 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 from 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 other services provided by the Agent.
If the security deposit is paid by credit card, it shall be charged to the Agent’s current account, and the Agent shall refund the amount so withheld in accordance with the procedures described above.
If the buyer successfully bids on at least one lot at auction, the Agent may, in agreement with the Principal, deduct the deposit from the total amount due from the buyer.
If, after paying the deposit, the bidder does not complete the purchase within the time limits set out in the specific conditions of sale, including payment of the hammer price, the Buyer’s Premium and any additional costs, the sale shall be automatically terminated and the deposit shall be retained as liquidated damages.
10. Payments The provisional successful bidder for one or more lots shall comply with the specific auction conditions, which shall set out the deadlines for payment of both the lots successfully bid on and the Buyer’s Premium due, as well as any additional costs, and the relevant compensation clauses in the event of failure to comply with those conditions.
All payments shall be made in full exclusively by bank transfer, unless otherwise specified in the specific conditions. The payment details shall be provided when the user receives confirmation of the provisional successful bid.
If the amounts due are not paid by the specified deadlines, the sale shall be automatically terminated, in agreement with the Principal, and the security deposit shall be retained as liquidated damages, with the successful bid 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 conditions of sale, by means of a notarial deed and in accordance with the procedures established by the Principal, unless otherwise specified in the specific conditions of sale.
In the case of court-ordered sales, the Principal shall also notify the Delegated Judge so that the Judge may arrange for the cancellation of any prejudicial registrations affecting 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 conditions of sale have passed, if the transfer of ownership has not been 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 rules set out in 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 conditions or the specific conditions, the provisions contained in the website’s Terms of Use at
www.gobidreal.it shall apply.
The registered user acknowledges the potential objective and subjective issues arising from the use of online auctions or online listings 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. In 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 ended.
For all matters not expressly covered by these general and specific conditions, reference is made to the provisions of the Code of Civil Procedure and the Bankruptcy Law.
The sale of real estate is a forced sale (Art. 2919 of the Civil Code). The assets are sold as seen and accepted, in their current factual and legal condition. In a forced sale, there is no warranty against defects in the asset. The sale may not be challenged on grounds of damage (Art. 2922 of the Civil Code).
The Agent shall have no liability whatsoever for the existence of third-party rights over assets being sold (Art. 2920 of the Civil Code).
The real estate is sold in its current factual 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 measure, and is made without any warranty against defects or other deficiencies.
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.
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 accept no liability for any errors, omissions or inaccuracies in the photographs, descriptions or any other details provided in the auction listings or advertisements. 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 provided by GOBID INTERNATIONAL AUCTION GROUP S.r.l. or the Principal
By accepting these conditions, the buyer indemnifies GOBID INTERNATIONAL AUCTION GROUP S.r.l. and the Principal against any warranty or claim by third parties.
In the event of any disputes arising concerning the interpretation of the provisions contained in the general and specific conditions set out 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 conditions and on the platform refer to the time zone indicated by the server time published on the website