Terms and conditions
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These General Terms and Conditions regulate the use of the website www.quimmo.it (the “Site” or the “Portal”), the use of the connected services as well as the relationship established between Abilio SpA and the User at the time of your registration on the site.
Art.1 – DEFINITIONS
1.1. To allow a complete and exhaustive understanding of the services offered by the Portal, the following terms will have the following meaning:
- Owner : Abilio SpA Share capital [iv] euro 60,975.00 - Registered office in via Galileo Galilei, 6, 48018 FAENZA (RA) - Tax code and no. Registration in the Ravenna Company Register: 02704840392 - REA number RA-224830 - – Company subject to management and coordination activities of illimity Bank SpA
- Site : www.quimmo.it owned by the Owner
- User : the person who uses the services provided by the Owner through the Site, be it a natural person and/or a legal person
- Consumer : the natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out
- Registration : registration of the User on the Site by completing the registration form
- Sale : through competitive methods, as part of an executive or insolvency procedure or activated on the initiative of a private individual, it is possible to purchase one or more real estate through a process based on upward offers compared to the base price
- Tender specifications - Notice of sale : the document containing the information and formalities to be respected for the purposes of participation in the auction and the award of the property put up for sale
- Appraisal : the technical consultancy that allows you to find all the information on the lot put up for sale (location, complete description of the property, state of maintenance, estimate and criterion used to determine the value, employment status, information relating to urban planning regularity and any building defects to be remedied and many other data essential for the evaluation)
- Lot : the good put up for sale or published
- “Static” offer : any amount offered by the User in the sale relating to a lot
- Time Extension : methodology for managing the sales phase with a competitive method which provides that if the potential buyer enters an offer during the last minutes of the tender, the conclusion of the sale is extended for an equal period, thus giving the competitors the opportunity to relaunch
- Observer : figure foreseen in the sales procedures who is granted the possibility of assisting the sale and the bidding
- Auction starting price : Starting amount from which the sale begins between bidders. The final award price will therefore be subject to variation based on the bids presented
- Minimum Offer : it is the lowest value that the participant in an auction can offer to win the property being sold. The offer is effective even if it is lower by no more than ¼ of the starting auction price
1.2. Where the context of the sentence requires it, the terms in the singular will take on the corresponding meaning in the plural and vice versa.
Art.2 – USER AGREEMENT
2.1. By registering on the Site, Users declare that they are adults according to the Italian law in force at the time. Minors cannot use the services offered by the Site.
2.2. The contract with the User is formalized through registration on the Site through the complete, exact and truthful completion of the dedicated form, providing the personal data required to complete the registration formalities, with full acceptance of these General Terms and Conditions as well as the Privacy published policy. Once registration is completed, the Owner will send the User an email containing a validation link which, once clicked, will activate registration on the Site, except in the case of registration via social login, for which registration via social media will be sufficient. of login via the chosen social network.
2.3. In order to formulate a purchase offer, participate in auctions or make expressions of interest, interested parties, validly registered, must complete their profile by adding the requested personal data, finally attaching their Identity Card or, in the case of registration by part of the company, also the relevant updated Chamber of Commerce Registration.
2.4. The user guarantees the correctness and completeness of the personal data provided during registration. It is the sole responsibility and responsibility of the User to keep the personal data indicated at the time of registration constantly updated. The User is also personally responsible for the correct use and safekeeping of his/her access credentials to the Site.
2.5. By registering on the Site and accepting these General Terms and Conditions, the User undertakes to use the Site and the services connected to it in good faith and fairness. The User is personally and exclusively responsible for all actions performed when using the Site.
2.6. The contract is concluded with the "Click&Point" procedure: this means that for the correct conclusion of the relationship, it will be necessary to click on the provided checkbox. The checkbox relating to the acceptance of unfair clauses must also be clicked.
2.7. For a complete and exhaustive understanding of this contractual text, it is specified that the so-called oppressive clauses (by which I mean those clauses which, pursuant to art. 1341 cc et seq., are unilaterally prepared and provide for limitations of liability, the right to withdraw from the contract or suspend its effects, or to make only one of the parties responsible for forfeitures , limitations or restrictions of contractual freedom) are highlighted, for the total benefit of the Customer, in these Terms and Conditions, in a bold blue font.
2.8. Abilio SpA reserves the right to refuse registration on the Site or to unilaterally remove the User if:
- the User carries out incorrect and/or fraudulent behavior also towards third parties or when using the Site
- the user is found to be untrusted at the post-registration check and therefore cannot be enabled
- the user - having won a Lot put up for auction - does not correctly and punctually fulfill his/her collection and/or payment obligations.
2.9. Under no circumstances may the suspension and/or removal of the User from the Site constitute cause for compensation and/or claims for compensation, for any reason, by the User.
2.10. The contract with the User - concluded in the above forms - is not transferable or assignable in any way.
Art. 3 – PARTICIPATION IN SALES AND SUBMISSION OF OFFERS
3.1. For the precise methods of carrying out the Sale, the related formalities and the documentation necessary for the purposes of participating and submitting your offer, please refer in full to the Tender Specifications published on the Sheet of each advertisement as well as to the documentation attached thereto.
3.2. There is the possibility of presenting:
- Binding offers: purchase proposal formulated according to the form attached in the Announcement Sheet which cannot be revoked by the will of the proposer. Each offer presented must be previously deposited so that it is considered binding, according to the methods and with the amount foreseen in the tender specifications.
- Non-binding offers (expressions of interest): purchase proposal, of any value subject to the exclusive acceptance of the Seller.
3.3. Sales hosted and/or managed by the Site may take place according to the following alternative methods:
- Synchronous telematic sale: method of carrying out the tender in which the bids are formulated exclusively electronically in the same unit of time and with the simultaneous connection of the judge or representative of the sales procedure and all the bidders;
- Mixed synchronous sale: method of carrying out the tender in which the bids can be formulated, in the same unit of time, both electronically and by personally appearing before the judge or sales procedure representative
- Asynchronous Sale: method of carrying out the tender through a commission agent in which the bids are formulated exclusively electronically in a predetermined time frame and without the simultaneous connection of the judge or sales procedure contact person
- Auction pursuant to art. 216 paragraph 1 of the CCI (pursuant to art. 107.1 Bankruptcy Law): the sale takes place mainly with the aid of a local Notary, appointed by the Owner, or with the aid of the Owner himself and consists of two phases . In a first phase, the Notary (or the Owner if acting as "Internal Auctioneer") is responsible for collecting all the envelopes containing the participants' offers, verifying their content and completeness and enabling the participants for the subsequent telematic phase. The second phase takes place exclusively electronically: Bidders can make bids directly on the Site.
- Telematic auction without submission of bids in envelopes: the sale takes place exclusively electronically with the submission of bids and raises directly on the Site.
3.4. It is specified that as regards sales not deriving from insolvency and/or executive procedures, but sales by private individuals or voluntary liquidations, since a competitive sale is not mandatory, expressions of interest may be submitted via the Site which may be directly accepted at the seller's discretion. .
3.5. The user can - via a dedicated landing page - activate the "Qui Con te" service. The service includes a free consultation with an Abilio operator who, with his own technical skills, will guide the user in formulating and compiling the offer in screensharing mode. The service does not involve any judgment and/or assessment of merit on the content of the offer itself but is aimed at making the submission of an offer electronically more accessible. No responsibility can therefore be attributed to Abilio in the event of failure to award the contract as no obligation of result can be attributed to it.
Art.4 – DESCRIPTION OF THE LOTS
4.1. For the purposes of participating in sales, a sheet relating to each advertisement and concerning the real estate for sale is available to Users on the site.
4.2. Any information published on the site is provided for purely informational purposes. Any interested parties are required to personally verify the consistency, quality, state of maintenance, intended use of the goods and any useful element for the purposes of formulating the offer under their own responsibility, by accessing the published documents, carrying out inspections at the property that is the subject of the offer and collecting all the necessary information so that the offers and expressions of interest presented have their evaluation basis in these checks, with the owner exonerated from any liability in the event of errors and/or inaccuracies reported in the Technical Data Sheets .
Art.5 – PRICES, INVOICING AND PAYMENTS
5.1. The starting auction price is indicated in each sheet relating to an advert. Each price is expressed in Euros and, like the VAT regime, is determined in the documentation attached to the sheet relating to the lot of interest.
5.2. It should be noted that for each successful award, the Owner applies a commission, to be paid exclusively by the Winning Bidder, the amount of which is specified in the documentation attached to the Ad Sheet.
5.3. The User will be asked for the data necessary for invoicing the services provided. For the issuing of the invoice, the information and data provided by the User will be valid, exempting the Owner from any burden of control and verification.
5.4. In addition to the hammer price, the User who wins the sale will also have to pay the tax charges on the transfer (VAT or registration tax, mortgage and cadastral tax, stamp duty) with the legal benefits if applicable (first home, agricultural entrepreneur, etc. ..), any notary fees and auction commissions in the amount and in the manner indicated in the tender specifications.
5.5. In the event that the User does not win the sale, the deposit paid will be returned according to the deadlines and methods indicated in the tender specifications.
Art.6 – INTELLECTUAL PROPERTY
6.1. The Owner declares to be the owner and/or licensee of all intellectual property rights relating to and/or inherent to the Site.
6.2. All trademarks, logos, distinctive signs, commercial names and any other and additional intellectual property rights are and remain the property of the Owner and are protected by the laws in force from time to time regarding copyright and intellectual property.
6.3. The User is prohibited from reproducing even partially the Site and/or any part of the same and/or making it available to third parties (via deep link or in any other way), without prior and express written authorization from the Owner. The User is also prohibited from using trademarks and/or distinctive signs and/or other intellectual property rights of the Owner, without prior and express written authorization from Abilio SpA. Any use and/or reproduction, even partial, if not expressly authorized, will be considered a violation of the Owner's intellectual property rights.
Art.7 – USE OF THE SITE AND SECURITY
7.1. In the event of technical faults on the website, such that it is not accessible in whole and/or in part to Users, the Owner - in accordance with the procedure and/or the Seller - reserves the right to extend the auction up to 7 days.
7.2. The Owner declines all responsibility for any hypothesis of damage that may arise to Users and/or third parties from the use of the website. In particular, the Owner is not responsible for any damage resulting from:
- inability for the User to use the website (in any part) and/or any other failure and/or malfunction of the site;
- failure of the lots to correspond to the technical specifications or descriptions indicated on the website;
- incorrect, incomplete or out-of-date information contained on the website;
- defects in the website software
- illicit use of computer systems, including the website, by third parties.
7.3. Participation in sales must be carried out via an electronic device (computer/smartphone). During the auction, the User must be connected to his account via a single device. In case of simultaneous connection of multiple devices via the same account, the Owner does not guarantee the User the correct temporal updating of the offers presented by the same and, consequently, the correct participation in the auction.
7.4. The Data Controller undertakes to reasonably protect its systems against data loss and/or against any form of illicit use, implementing all appropriate technical and organizational measures in this regard and taking into account, among other things, the state of technology.
7.5. The Owner is in no way responsible for the loss of data, any damage to files, illicit access to computers or files, the spread of viruses through the website, nor for any other consequence related to the use of the website.
7.6. Access to the Site may be suspended temporarily and without notice in the event of system failure, maintenance or events of force majeure or causes beyond the control of the Owner.
Art.8 – EXEMPTION OF LIABILITY
8.1. The Owner is in no way responsible for any damage, loss, cost or expense (including loss of profit, legal fees, value added taxes or equivalent etc.), excluding the case of willful misconduct or gross negligence, possibly suffered or incurred by the 'User due to:
- improper use of the site and services by the User;
- non-observance or misunderstanding by the User of the obligations, rules and commitments contained in these General Terms and Conditions and/or in the documentation attached to each individual Technical Data Sheet; • violations committed by the User via the Site;
- violations of the rights of third parties connected to or resulting from the use by the Owner of the information provided by Users;
- damages and/or losses occurring at any stage of the transaction.
8.2. The Data Controller is also not responsible for the delay or failure to fulfill its obligations, if such delay or failure depends on causes of force majeure or acts of third parties.
8.3. The Site may contain links to third-party sites. The Owner is in no way responsible for the content and/or functioning of said sites nor for any damage and/or losses suffered by the User by virtue of the use of said third-party sites.
Art.9 – EFFECTIVENESS OF THESE TERMS AND CONDITIONS
9.1. The provisions contained in these General Terms and Conditions must be considered applicable together with the provisions of the Civil Code, the Code of Civil Procedure and the sector regulations applicable from time to time.
9.2. If and to the extent that any provision herein is void or void, the remaining provisions shall remain valid and enforceable. In this case, the Owner will draw up a new regulation to replace the void/cancelled one, the effectiveness of which will begin from the moment of publication on the website.
9.3. If the provisions contained in these General Terms and Conditions and those contained in the tender specifications or in the invitations to offer published on the individual sheets are in mutual conflict, what is established in the tender specifications or in the invitations to offer is considered to prevail over what is established in the Terms and Conditions. General conditions.
9.4. It is possible to derogate from these General Terms and Conditions exclusively to the extent established and agreed in writing by the Owner.
9.5. The Owner reserves the right to modify these General Terms and 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 Site; however, it is the User's responsibility to periodically check the published General Terms and Conditions.
Art.10 – APPLICABLE LAW - COMPETENT COURT - LANGUAGE
10.1. These general terms and conditions, their application, interpretation, execution and validity are subject to Italian law applicable from time to time as well as any sector legislation that may be referred to. In the event of disputes regarding the application, interpretation, execution and validity of these General Terms and Conditions and the services rendered, the Court in which the Owner is based will be exclusively competent.
10.2. If the User is a consumer pursuant to art. 3 of the Consumer Code, the mandatory territorial jurisdiction lies with the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to appeal to a judge other than that of the "court of consumer” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in the articles. 18, 19 and 20 of the Civil Procedure Code.
10.3. The Italian text of these General Terms and Conditions is the original text. Therefore, in the event that these General Terms and Conditions are used in multiple languages, in the event of ambiguity or conflict, the Italian text prevails.