These general conditions regulate the use of the website www.astemobili.it, created and managed by the company Edicom Servizi Srl, for the conduct of telematic sales concerning the goods learned in the compulsory judicial procedures, in accordance with the prescribed competitive procedure. by the Legislator, characterized by the following essential elements: incremental system of offers; adequate publicity; transparency; pre-established and non-discretionary tenderer selection rules. These general conditions are applicable to telematic auctions, without prejudice to all the different conditions established in the ordinances and in the notices of sale of each individual judicial procedure.
2. Publication of auctions
The auctions will be published on the website www.astemobili.it, subject to the indication of the dates of execution, the description of the lots and the specific conditions and terms prescribed in the ordinance and / or in the notice of sale of each individual procedure.
3. Participation in auctions
In order to validly participate in the auctions, it is necessary to register on the website www.astemobili.it, expressly accepting the general conditions as well as the conditions and terms prescribed in the order and / or in the notice of sale of each individual auction. At the time of registration, each user is asked to choose a username and password, which will constitute the credentials with which he can access the site and participate in the auction. The Administration of the www.astemobili.it site will send the user a text message containing an alphanumeric code which must be entered by the latter on the personal page to confirm the registration.
The registered user is directly responsible for all the acts he puts in place on the website www.astemobili.it. Consequently, Edicom Servizi Srl is absolutely not responsible for the actions performed by the user and for any damage they may cause to the functioning of the system and to other users. (see: par. 11 "Exemptions")
3.3 Personal data
By registering on the website www.astemobili.it, the User authorizes the use and storage of the personal data recorded, which Edicom Servizi srl inserts in a special personal data archive. The User guarantees the correctness and completeness of the personal data provided during registration. If, and at any time, personal data should undergo changes, the User is obliged to communicate this change (s) to the Administration of the site www.astemobili.it.
3.4 Security deposit
If the order and / or the notice of sale require the payment of a security deposit, the registered user will be enabled by the administration to participate in the electronic auction of reference, only after the collection of the relative amount, the payment of which must be carried out according to the procedures and within the terms indicated in the order and / or in the call for bids for the auction of interest. In case of non-award of the lots subject to auction, the security deposit will be returned to the user within 15 working days from the end of the auction, without interest. In case of awarding of the lots subject to auction, the security deposit will be withheld in the interest of the reference procedure and will be deducted from the award price, including ancillary charges and transfer costs.
3.5 Registration Removal
Edicom Servizi srl reserves the right to refuse and unilaterally remove the registration if:
It is absolutely forbidden for the User to reproduce the website www.astemobili.it or any part of it, or to make it available to third parties (through deep links or otherwise), without the prior written authorization of Edicom Servizi srl.
4. Description of the lots
Each of the lots learned in the single judicial coercive procedure is published on the website www.astemobili.it, on the basis of the indications contained in the relative ordinance and / or sale announcement, by means of a concise description, with indication of the type of asset, of the '' geographical location, of the right to be sold, of the cadastral data (in the case of real estate), of the basic auction prices, of the minimum relaunch value, of the contacts to be accessed for further information and to visit and view the assets of the auction commission to be paid in favor of Edicom Servizi srl. The description of each lot is accompanied by the publication of the photographic reproductions and the relative appraisal. It is understood that interested users will be able to,
5. Conduct of the auction and submission of offers
For the procedures for carrying out the electronic auction, please refer in full to the indications contained in the order and / or in the sales announcement published on the website www.astemobili.it, on the page dedicated to the auction of interest. Bids for the purchase of lots in auction must be made by the registered and authorized user, within the form of the lot of interest, within the terms and in the manner prescribed in the order and / or in the auction sale announcement. of reference. The bids made will, in any case, be subjected to a prior check on the correspondence of the same to the prices and the relaunch procedures prescribed in the order and / or in the call for tenders of the reference auction. The Administration therefore reserves the right to cancel the offer that is ineffective, as it does not comply with the conditions,
6. Award of lots
At the end of the electronic auction, the user with the highest bidder is the successful bidder, without prejudice to any different indications contained in the order and / or in the sale announcement, which will be duly published on the website www.astemobili.it , on the auction page of interest. The award is to be considered provisional; upon completion of the verification of the correspondence of the same under the conditions and terms prescribed in the ordinance and / or in the tender notice of the reference auction, the administration will notify the highest bidder, within 48 working hours from the end of the auction, of the award which will become definitive upon payment of the final award price and accessory expenses and charges. If the order and / or the notice of sale provide for the option provided for by art.
7. Payment of the price and ancillary charges
The successful user is obliged to pay the hammer price, tax charges and any transfer costs within the terms and in the manner prescribed in the order and / or in the auction of interest. In the event of failure to pay within the prescribed terms, the award will be considered forfeited and the security deposit paid will be retained as a penalty. The successful user is also required to pay the auction commission in favor of Edicom Servizi Srl, quantified as a percentage of the hammer price and expressly indicated in the description of the awarded lot, together with the payment of the hammer price and other charges. and expenses foreseen in the ordinance and / or in the notice of sale of the interest auction. They are the responsibility of the winning user,
8. Act of transfer
The sale or definitive transfer of the property awarded at the outcome of the competitive procedure, where provided, will take place within the terms and in the manner prescribed in the order and / or in the notice of sale, before the Notary designated by the bodies of the procedure. All costs related to the sale or definitive transfer are borne by the successful bidder.
The telematic sales carried out on the site www.astemobili.it, as judicial sales are subject to the rules prescribed on the subject by the civil code and the code of civil procedure. The sales take place in the state of fact and law in which the goods are found and are carried out on a lump-sum basis and not by measure. As forced sales, the sales made on the site www.astemobili.it are not subject to the rules concerning the guarantee for defects or lack of quality nor can they be revoked for any reason. Consequently, the Bodies of the procedure and Edicom Servizi srl are not responsible for any defects, lack of quality or discrepancies in the goods sold, nor for errors and omissions contained in the description of the lots, in the photographic reproductions and in the report published on the site; therefore they are not bound to any guarantee.
10. Site Security
In the event of technical faults in the website, such that the website is not fully and / or partially accessible to all Users, Edicom Servizi srl has the right to extend the auction by 7 days. Edicom Servizi undertakes to reasonably protect its systems against data loss and / or against any form of illegal use, adopting all suitable technical and organizational measures and taking into account the evolution of technology. However Edicom Servizi is not responsible for the loss of data, any damage to files, illegal access to computers or files, the spread of viruses through the Website, or any other consequence related to the use of the website by users. or third parties.
Edicom Servizi Srl is not responsible for any damage, loss, cost or expense (including profit losses, legal fees, value added taxes or equivalent, etc.) that may be suffered or incurred by the User due to:
Edicom Servizi also declines any responsibility for any damage that may arise to Users or third parties from the improper use of the site www.astemobili.it and related services by the User. In particular, Edicom Servizi is not responsible for any damage deriving from:
Edicom Servizi Srl is not responsible for delay or failure to fulfill its obligations, if such delay or failure depends on reasons of force majeure.
12. Effectiveness of these conditions
These conditions are applicable and effective for telematic sales carried out on the site www.astemobili.it on the mandate of the judicial authority, without prejudice, in any case, to the different conditions established in the ordinances and in the notices of sale of each individual judicial procedure, also published on the website www.astemobili.it. In the event of a conflict between these general conditions and the specific conditions prescribed in the order and / or in the auction notice of reference, the latter prevail. Edicom Servizi srl reserves the right to modify these General Conditions. The changes come into force 24 hours after being communicated to the User by e-mail or from the moment of publication on the website www.astemobili.it.
13. Applicable law and competent court
Any disputes arising between users and Edicom Servizi srl relating to these general conditions will be governed exclusively by Italian law. The Italian text of the General Conditions is the original text. Therefore, in the event that the General Conditions are used in several languages, the Italian text prevails, in the event of ambiguity or conflict. In the event of a dispute regarding the application of the General Conditions, the Court of Palermo is competent.