23838: Marcas figurativas - sector de la confección y calzado - Liquidación judicial n.461/2023 - Tribunal de Roma - Venta 2

SPECIFIC TERMS AND CONDITIONS

Auction timing: 

Starts: vie 02/08/2024 horas 12:00
Ends: mar 24/09/2024 horas 12:00

Viewing conditions:

Viewing time:

by appointment

All lots viewings must be booked. Please contact: logistica@gobidgroup.com – tel +39.02.86882269

Payment condition: 

Deposit 

The present gathering is subject to a mandatory deposit of 10% of the offered price for each lot

In order to enable the user's participation, deposit has to be paid via bank transfer to the following account:

MONTE PASCHI DI SIENA SPA
Agenzia di Fabriano
 
IBAN : IT 43 K 01030 21100 000000414486
Swift/BIC: PASCITM1K07

assigned to GOBID INTERNATIONAL AUCTION GROUP SRL

Deposit has to be necessarily credited before the auction deadline.
As soon as the deposit will be received, the user will be immediately allowed to bid.
In case of deposit payment via bank tranfers, in order to accelerate the participation, the user is advised to send an official proof of the deposit payment to the following address: info@gobid.it

In case participants will not award any lot, deposit will be refunded within 20 working days from auction deadline, with no interests applied.

If, in case of awarding, after deposit payment, the bidder will not comply with the payment terms, the deposit will not be refunded.
 

 Participation Rules:


The sale will take place according to the following phases:


- Collection of irrevocable purchase offers (PHASE 1)


All bidders, except the subjects by law not allowed to take part in the gathering, after having joined the site www.gobid.it, will be required to send an irrevocable purchase offer at a free amount, trough compilation of offer form (published online as ALLEGATO B) and send it undersigned for acceptance of the conditions proposed, at the following address:

gobid@pec.it

in conjunction with the copy proof of the Bank confirming payment of the warranty deposit required.

Irrevocable purchase offers presenting by potential buyers must be accompanied by payment of securety deposit required, the payment of which will constitute, in itself, a formal commitment to purchase by the underwriter of each offer.
 

Best offer received at certified email address provided by agent may be used as an auction base price for a competitive sales experiment to be conducted on Platform.

Agent will be responsible for informing all tenderers in any way whether they are or not best bidders when formalizing the above-mentioned irrevocable purchase offer.

Principal reserves, at its sole discretion, the right to accept or not irrevocable purchase offers submitted by potential buyers. Bids that are not deemed to be appropriate will therefore be rejected by Principal, without any costs incurred by Procedure.

In the event of acceptance of the best offer, Principal will appoint agent at next sale, to be auctioned online on the basis of best offer received and whose specific terms are shown below. 

Offers must be submitted in the manner specified in the attached offer form and must contain:

- Identification of contractor, with complete indication of personal details and details of a identity document, specifying of fiscal code and, in the case of physical person married, the matrimonial regime that existed between the two spouses;

- Chamber of Commerce Comany Registration of company or individual company and an identity document of legal representative (for company) or owner (for individual company);

- price offered for building

The potential buyers must agree to terms and conditions of use of the platform and terms and conditions of use of the gathering and of possible subsequent auction, as stated in the present document.
 

- Time auction exclusively online (PHASE 2)
 

Best offer received at certified email address provided by agent may be used as an auction base price for a competitive sales experiment to be conducted on Platform.

This offer will be formalized by the Mandatory, in the name and on behalf of the bidder, through an online bet on the platform, for an amount equal to the value of the aforementioned offer, while the other bidders will be invited, instead, to make a raise on the platform, according to the procedures published online on the website dedicated to the auction.
For the purpose of identifying the best offer received, please refer to what is indicated in the notice of sale.


Lots Availability


Any registration related to preemption rights, registration of foreclosures and seizes, or any other tie falling on the lots on sale will be cancelled complying to art. 108 Bankruptcy Law (Legge Fallimentare) once the sale will be completed and the price will be fully collected. Any formalities for cancellation will be on buyer's expenses.

Any costs relating to the transfer of ownership, including any double passages and related charges, will be borne by the successful bidder

In case of export of registered movable property, the purchaser must carry out the required operations in compliance with current legislation. It should be noted that for the purposes of cancellation for export, on the date of the request, the vehicles must be in compliance with the inspection obligations established by law.

Payment Methods

All payments have to be made exclusively by bank transfer. Account details will be indicated whether at the time of registration or  in conjunction with the awarding statement (in a private message to the user mailbox). (see General Terms and Conditions)


Payment deadline

Awarded lots have to be paid within 90 days from awarding with the costs related to the sale and notary fees

Buyer's Premium has to be paid within 20 days from awarding.

Property transfer

Property transfer will take place with a deed issued only after full payment of the hammer price, expenses and Buyer's Premium.


For all that is not foreseen here, the current laws apply.

In case of lack property transfer finalization, the sale will be canceled and the amount paid by the user who awarded the lot as Buyer's Premium will not be refunded, as a penalty.



Collection conditions

 
The collection of the awarded lots by the buyer can take place only after the payment of the amounts due relating to the lots awarded and the foreseen commissions (Buyer's Premium, additional management fees).
 
In any case, the collection should absolutely be done before and no later than 0 days from the provisional award. 
 
In order to optimize the collection service, GOBID INTERNATIONAL AUCTION GROUP SRL will communicate via e-mail to the successful bidders the date (s) and a time during which they can proceed with the collection of the lots. These dates may also be indicated on the auction web page. In any case, GOBID INTERNATIONAL AUCTION GROUP SRL can change the dates and times of collection indicated at its sole discretion.
 
In the event that the successful bidder should carry out the withdrawal on later dates, he will have to pay a fee between EUR 250.00 and EUR 350.00 plus VAT per day per operator, depending on the size of the goods to be retire, as additional skills.
 
The successful bidders will be required to respect the start date of operations. In the event that the successful bidder cannot arrange for collection on the day and time communicated, the successful bidder may:
 
- subject to approval, request to be admitted during the scheduled date (s) for the next sales experiment, when present.
 
- upon approval, carry out the collection on days and times other than those made available for the single experiment, paying an additional fee between EUR 250.00 and EUR 350.00 plus VAT per day per operator, depending on the amount of goods to be collected, as additional skills.
 
Failure to comply with an unscheduled collection date agreed between GOBID INTERNATIONAL AUCTION GROUP SRL and the successful bidder, this one  will result in the application of a penalty of EUR 350.00 if the non-collection is not notified at least 48 hours before the appointment, without prejudice, in any case, to compensation for the greater damage suffered by GOBID INTERNATIONAL AUCTION GROUP SRL.
 
All lots not collected by the deadline will be subject to a daily default of EUR 50.00. In the event that the goods are not collected within 30 days from the deadline for collection, the sale will be considered automatically resolved and the amounts paid by the successful bidder (Lots Awarded - Buyer's Premium), will be retained as a compensation penalty. 
 
GOBID INTERNATIONAL AUCTION GROUP SRL is not required to deliver any lot or to organize in any way the collection and delivery of the same. 
 
The collection operations must be carried out by the buyer in compliance with the current safety regulations established by law; the same will therefore be required to make the necessary adjustments in this sense also in reference to any third parties and / or collaborators employed in carrying out the operations.
 
The buyer is responsible for any disassembly, handling, loading and transport of the awarded lots and, in the case of registered movable property, for handling the paperwork required to carry out the necessary changes of ownership
 
The transfer of ownership must therefore be carried out by and at the expense of the successful bidder at the practice’s agency self-communicated by the Bodies of the Procedure, or alternatively, communicated by GOBID INTERNATIONAL AUCTION GROUP SRL.
 
In case of export of registered movable property, the buyer must perform the required operations in compliance with current legislation.
 
In any case, GOBID INTERNATIONAL AUCTION GROUP SRL will not make any lot available before the aforementioned payments have been credited and, in the case of registered movable goods, before the completion of the related transfer of ownership.


Additional specific terms

Buyer's Premium: A charge of 4,00% + VAT will be added to the price of each awarded lot.

The Buyer's Premium will have a minimum amount of 25 € (+ VAT at 22% where applicable) of each of the lots awarded or combinations as minimum commissions.

Additional management fees: These are the ancillary costs entirely borne by the successful bidder, intended to cover the services and activities, performed and to be performed, necessary for the preparation, organization, and management of the sale of the goods at auction and subsequent adjudication phase. These expenses must be paid together with the payment of the buyer's premium due as per the provisional award confirmation that will be issued after the end of the auction. Where due, these charges will be indicated in the sheet of each lot.

VAT: Value Added Tax at a rate of 22,00% will be calculated on the awarding price and added to it. (where applicable)

Extra-Time
In case a winning offer will be submitted within 5 minutes before the auction deadline, the  time  to place another bid will  be extended for 5 more minutes from the last bid received. Every other winning bid submitted within 5 extra-time minutes, will extend the time for placing another bid for  5 more minutes from the last bid received and so forth.Automatic overbids in case of maximum bid (proxy bid) are condisdered winnig bids as well.
 

Lots are sold as is. Viewing is reccomended.


The sale of the goods is forced (art. 2919 c.c.) it is arranged for goods as is , in the rule of law and fact. In the forced sale it is not valid the warranty for vices. It cannot be contested for damages (Art. 2922 c.c.).
 

The sale occurs with obligation for the user who award the lot to check of the compliance with safety norms
 

Consequently the existence of any defects or lack of quality of the lots sold or differences, they cannot give rise to compensation, bonus or price reduction.


It is excluded any responisibility of the Agent about the existence of rights of third parties on the goods subject of sale (Art . 2920 Civil Code) 


In case of insurgency of  any controversy related to the interpretation of the dispositions included in the general and specific terms present in the website  translated in different languages, it will be applied the Italian language version of such texts

Gobid.it

Gobid.it is a registered trademark by: GOBID INTERNATIONAL AUCTION GROUP SRL

Head Office: Via P.O.Vigliani, 19 - 20148 Milano (MI)

Operating Headquarters: Via Merloni, 17/U - 62024 Matelica (MC)

tel: 0039.02.86882269 - fax: 0039.0737.786198 - email: info@gobid.it