Index
1. Acceptance of Purchase Conditions
1.1 Acceptance of Conditions. These Purchase Conditions constitute a continuous agreement between you and Nonsoloimmobili Srl, owner of the “GSM Go” brand and the GSM Go Auction website (“GSM Go Auction” or “we”). They apply to the use of the GSM Go Auction online site at [https://www.gsmgoauction.com/] (the “Site”). If you are accepting these Conditions on behalf of a company or another legal entity, you confirm that you have the authority to bind such entity to these Conditions. These Conditions govern the purchase of Inventory Products from the Site. You accept and are bound by these Conditions each time you access the Site by selecting the “I Accept the Purchase Conditions” checkbox. If you do not accept these Conditions, refrain from making bids or purchases on the Site. You can print these Conditions for your records, waiving any requirement for a written document.
1.2 Changes to Conditions. We reserve the right to make changes to these Conditions with or without notice. In the case of substantial changes, we will notify you through in-app messaging, email, or a notice on the Site. Continued use implies acceptance of the changes. No purchase order or other document issued by you will have an effect on the modification of these Conditions unless signed by an authorized representative of GSM Go Auction. You agree to keep your email address and other contact information up to date at all times.
2. Other Definitions
2.1 Buyer or You. Refers to the individual purchasing Inventory Products from GSM Go Auction through the Site. If you represent an entity, you are bound by these Conditions.
2.2 Purchase completed. Completed purchase means when you provide all purchase information requested in the email notification, as specified, and the purchase price for the inventory products is received by GSM Go Auction.
2.3 Product inventory. Means the products from the GSM Go Auction warehouse available for purchase on the Site, with the relevant conditions specified in the Advertisement
3. Auction Process
3.1 Inventory Products. The conditions of Inventory Products vary, and standard information about product conditions is stated in the Announcement. Inventory Products are provided “as is” for purchase on the Site. Accessories, such as remotes, cables, and instructions, may be included or not, with specific indication in the Announcement.
3.2 Auction Process. Inventory Products will be sold through the auction process described in this Section 3 (the “Auction”). To bid on Inventory Products, enter the bid amount. Your bid must be (i) higher than the minimum bid and the “current winning bid,” as applicable, (ii) in the bidding increments specified on the bid page, and (iii) made before the scheduled closing time for that Auction. In case of a winning bid, you will receive an Email Notification at the address provided during your account registration. It is your responsibility to keep your email address up to date and promptly check your email to determine if you are the highest bidder for any Auction you participated in. GSM Go Auction is not responsible for the failure to send an Email Notification to the highest bidder for any reason, including but not limited to technical issues or other system errors.
3.3 Winning Bids. If your bid is considered the winning bid at the end of the Auction for certain Inventory Products, you agree to promptly purchase those Inventory Products in accordance with the terms and instructions set out in these Purchase Conditions and in the Email Notification. If you do not record a Completed Purchase within two (2) business days from the date the Email Notification is sent by GSM Go Auction, you will lose the right to purchase those Inventory Products. GSM Go Auction may deactivate your account and password, and at its sole discretion, may choose to (i) contact the next highest bidder in the Auction for those Inventory Products and offer to sell them those Inventory Products at the price offered by the bidder or (ii) list those Inventory Products on the Site for sale in a new Auction.
4. Sales and Payment Conditions
4.1 Purchase Price: The balance of the winning auction must be completed within 48 hours of the auction’s conclusion. This transaction is subject to compliance with the purchase conditions detailed in these Conditions and in the Email Notification. Therefore, you agree to make full payment of the Purchase Price via bank transfer to the bank account specified in the transfer instructions, as specified in the bid descriptions and Email Notifications of winning bids. Failure to receive such payment within the specified period will result in the loss of the winning bid. In such a case, GSM Go Auction reserves the right to repost the auction or sell the item to the second-highest bidder at its sole discretion. It should be noted that GSM Go Auction is not obligated to sell the Inventory Products to you. In addition to the Purchase Price, you will be responsible for covering all taxes, shipping costs, handling, and any other costs associated with your purchase under these Conditions.
4.2 Canceled Bids and Purchases: It is important to note that GSM Go Auction reserves the right, at its sole discretion, to refuse or cancel any bid or purchase for various reasons. This may occur, for example, in the presence of inaccuracies or errors in product information or bids. Despite GSM Go Auction’s efforts to provide accurate information, typographical or system errors may occur. In the event that bids or Inventory Products are listed incorrectly due to errors in quantities or information, GSM Go Auction may, at its discretion, refuse or cancel the purchase. In such situations, you will be notified of the cancellation via email.
4.3 Payment Terms: The payment method for the Purchase Price must occur in accordance with the terms specified in the Email Notification and on the Site. GSM Go Auction reserves the right to change payment terms with notice, but such changes will not affect ongoing sales and will only be effective for future transactions. Upon receipt of payment, GSM Go Auction will transfer to you all rights, title, and interests related to the Inventory Products.
4.4 Identification of GSM Go Auction: Before selling or disposing of the Inventory Products, it is your duty to disassemble the products, i.e., remove all identifying marks in accordance with GSM Go Auction specifications. This may include names, logos, serial numbers, labels, barcodes, and other identifying marks. It is prohibited to identify GSM Go Auction as the source of the products, use its name in advertising, or make references that may associate the Products with GSM Go Auction. Your attention must also extend to the management of any customer information potentially associated with the Products, ensuring its removal and destruction. These provisions aim to ensure a transparent purchasing process and to comply with the conditions established by GSM Go Auction.
5. Removal and Acceptance of Inventory Products
5.1 Removal and Shipment of Inventory Products: Inventory Products purchased by you will be available for pickup at the GSM Go Auction headquarters, indicated after winning the auction. If you choose to personally pick up the goods, you must schedule the Pickup Time by contacting GSM Go Auction as indicated in the Email Notification. If you opt for self-pickup, you will be responsible for retrieval and shipping arrangements, including costs, permits, and licenses. Responsibility for your employees, equipment, and property, as well as those of your agents, will be at your risk, except for the negligence of GSM Go Auction. You must remove the Products within three (3) business days of the availability notice. Otherwise, GSM Go Auction may choose to store the Inventory Products, auction them on the Site, and refund you the Purchase Price less storage and restocking fees.
5.2 Title; Risk of Loss: Title to the Inventory Products will remain with GSM Go Auction until your actual possession at the Warehouse Location. The risk of loss and liability will pass to you upon receipt at the Warehouse Location. If our courier is used, the goods are insured for theft and fire.
5.3 Acceptance: Your possession of the Inventory Products according to Section 5.2 constitutes unconditional acceptance and a waiver of all claims, except as provided in Section 5.4. All sales are final.
5.4 Inspection: You have five (5) business days to inspect the Products delivered to your warehouse and report any discrepancies to GSM Go Auction in writing via email. After this period you will no longer be entitled to request any refunds for underestimations. GSM Go Auction may conduct further inspections and, if it agrees to the undervaluation, will refund or offset any payments at its discretion.
5.5 Additional Warranties: The parties agree to take all necessary actions to transfer the Products to the Buyer. Other reasonable actions may be taken to ensure the proper completion of the transactions contemplated.
6. Confidentiality
6.1 Confidential Information: Both parties acknowledge that, by virtue of their relationship under this agreement, they will have access to information and materials of significant value to the other party. Such information, particularly those related to the Purchase Price and specific sales, is considered confidential to GSM Go Auction. Each party must take all reasonable precautions to preserve its confidentiality. Any public disclosure of these Purchase Terms requires prior approval and written consent from GSM Go Auction. However, it should be noted that this Section does not apply to information already in the public domain, developed independently, or made public without fault of the receiving party.
6.2 Disclosure on Court Order or Legal Request: The receiving party may disclose confidential information only by order of a competent court or as required by law, with the obligation to inform the disclosing party in advance, if permitted by law. This allows the disclosing party to challenge the order or take other protective measures. This provision continues to be binding even after the conclusion of each purchase transaction.
7. Representations and Warranties; Indemnity
7.1 Indemnification Obligation: You agree to indemnify and hold harmless GSM Go Auction, as well as its subsidiaries, affiliates, officers, directors, agents, and employees, from any claims, actions, or costs arising from your use of the Site or any aspect related to the sale, export, use, or management of the Inventory Products. This includes any violations of export laws. This indemnification obligation remains valid even after each purchase transaction under this agreement.
7.2 Persistence of Indemnification Obligation: The indemnification obligation provided in Section 7 continues to be binding after each individual purchase transaction according to the provisions of this agreement.
8. Warranty Disclaimer; Limitation of Liability
8.1 Conditions of Inventory Products: Except as expressly stated in these Terms, the Inventory Products provided by GSM Go Auction are offered “as is” and “where is.” GSM Go Auction disclaims all warranties, whether express or implied, statutory or otherwise, regarding the Inventory Products or any other matter. This includes, without limitation, the condition or quality of the Inventory Products and warranties or conditions of non-infringement, merchantability, and fitness for a particular purpose. Except for indemnification obligations under this agreement, neither party shall be liable for consequential, indirect, special, incidental, or punitive damages of any kind arising out of or related to these Terms, even if advised of the possibility of such damages. In no event shall GSM Go Auction’s liability for all losses or damages arising from these Purchase Terms exceed the Purchase Price paid by you to GSM Go Auction for the relevant Inventory Products. GSM Go Auction shall not be held responsible for any errors in a listing that GSM Go Auction corrects before the purchase of the Inventory Products to which it refers. This limitation of liability remains valid after each individual purchase transaction.
9. Violation of Purchase Terms
9.1 Penalties for Violation: In the event that you do not adhere to any term or condition of these Purchase Terms, GSM Go Auction has the right to immediately delete your account, deactivate your password, and resort to other available remedies, both by GSM Go Auction and its affiliates.
10. General Provisions
10.1 Applicable Law and Jurisdiction: These Purchase Terms shall be subject to the laws of the Italian Republic, without reference to its choice of law rules. Any legal action or proceeding under this Agreement shall be handled by the Court of Treviso, Italy, and you consent to such venue and jurisdiction. No waiver of any provision of these Terms shall constitute a continuous waiver, and must be made in writing and signed to be effective. The division of these Terms into sections, subsections, or attachments and the inclusion of titles is for convenience only and will not affect the construction or interpretation of these Terms.
10.2 Force Majeure: GSM Go Auction shall not be liable to the other party for failure or delay in performance due to events such as acts of God, strikes, labor stoppages, civil disturbances, sabotage, fires, floods, explosions, governmental acts, famines, lack of fuel, energy, transportation or supplies, and other causes beyond the reasonable control of GSM Go Auction, even if not specifically listed.
10.3 Updates to Purchase Terms: These Purchase Terms were last updated on November 15, 2023. Please check periodically for any changes.