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Leilosoc/Conditions of Sale

General Conditions of Sale

Live Auction

The sale is conducted at an auction establishment, under the terms of Article 834 of the Portuguese Civil Procedure Code, by LEILOSOC®, according to the following general conditions:

General Conditions
  • The auctioneer is responsible for ensuring the regular development of the auction, namely by complying with the provisions of these GENERAL CONDITIONS, which are an integral part of the sales dossier.

  • Bidders and potential buyers must be duly registered before making any bids.

  • This prior registration must include all identification elements necessary for INVOICING and/or the preparation of the PROMISE OF SALE AND PURCHASE AGREEMENT, such as name, address, ID/identity card number and tax identification number.

  • By registering for the auction, the interested party is expressly declaring that they are aware of and accept these conditions.

  • By bidding, the bidder assumes all obligations and responsibilities arising from such act, namely to acquire the item for the amount offered, in accordance with the law and these sales conditions.

  • Bids must be made clearly, in a loud voice and with the paddle clearly visible, so as not to raise doubts.

  • The assets are sold on-site, in the condition, physical and legal status in which they are found.

  • Decree-Law 84/2021 - "Consumer Protection" regulates consumer rights in the purchase and sale of digital assets, contents, and services. However, by virtue of article 4, paragraph 1, letter a), it does not apply to sales made within the scope of asset liquidation in insolvency or executive proceedings. Bids made in this context are binding, and bidders are not allowed to request the cancellation of their bids. The buyer is responsible for inspecting the assets, and the lack of such analysis cannot be attributed to LEILOSOC®.

  • It is presumed that the buyer is familiar with the assets, so LEILOSOC® declines any responsibility regarding their condition or functionality. The buyer is responsible for inspecting the assets, and the lack of such analysis cannot be attributed to LEILOSOC®. Failure to comply with the general conditions, non-payment, failure to collect the assets, or withdrawal may have the following implications:

    • The sale may be considered null and void;

    • The amount paid as a deposit may be forfeited to the Insolvency Estate;

    • The buyer may not be able to participate in future sales;

    • The buyer may be held criminally and/or civilly liable for any damages or losses caused.

  • As an auction establishment, LEILOSOC® reserves the following rights:

    • Not to award, in case the obtained values are considered insufficient;

    • Require, if deemed necessary, that payments be made by certified check or cash;

    • Consider sales that are not signaled as null and void;

    • Cancel or suspend sales when they occur irregularly.

  • Services provided by LEILOSOC®:

    • Real Estate: 5% on the proposed value and respective VAT (at the legal rate in force).

    • Movable Assets: 10% on the proposed value and respective VAT (at the legal rate in force).

    • Hereditary Shares and Rights (Usufructs, Quotas, Shares, Shares and Others): 10% on the proposed value and respective VAT (at the legal rate in force).

    • Commercial Establishment: 10% on the proposed value and respective VAT (at the legal rate in force).

    • Art: 15% on the proposed value and respective VAT (at the legal rate in force).

    • Specific cases will be indicated in the specific conditions of the auction and/or in the information area dedicated to the electronic auction and/or to the specific product.

  • Upon registration, it is mandatory to deliver a deposit check in the amount of € 5,000.00, which will be returned at the end of the auction.

Real Estate
  • The bidder and promissory buyer will pay, with the award, 10% of the proposed value, as a down payment and principle of payment, as well as the corresponding value for the services provided by the auctioneer.

  • The rights of preference/remission of tenant/remitter are subject to these general conditions of sale.

  • The remainder of the price will be paid by the bidder by means of a check certified on the date of the purchase and sale deed, to be signed within a maximum period of 30 days from the date of auction.

  • The remainder of the price will be paid by the bidder by means of a check certified on the date of the purchase and sale deed, to be signed within a maximum period of 30 days from the date of auction.

  • If, for reasons beyond the control of the Auctioneer, the purchase and sale deed is not signed – by decision of the Insolvency Administrator or by court decision, namely in the event of irregularity or other defect that impedes or renders the sale invalid or ineffective – any amounts paid by the buyer they will be returned to him in single.

Movable Assets
  • The buyer will pay, with the auction, the entire proposed value and respective VAT, as well as the amount corresponding to the provision of services by the auctioneer.

  • After good collection of the price, the buyer assumes possession of the assets, being responsible for their collection within 30 days.

Assets' Payment
  • Non-payment of the price, non-collection of goods or withdrawal will have the following implications:

    • The sale will be considered void;

    • Not being able to compete for a new sale;

    • Not being able to compete for a new sale;

    • Be criminally and/or civilly liable for damages or losses caused;

    • Not recovering the amount paid as a down payment;

    • Being called upon to reimburse the insolvent estate and LEILOSOC®, for the difference in the value that the respective movable or immovable property will be awarded (applies when the award is made to the previous bidder or when the award is carried out through a new action of sale).

Payment Methods
  • Pursuant to Regulation no. 314/2018 of the General Duties for the Prevention and Combat of Money Laundering and Terrorism Financing (BC/FT), referring to Law no. 83/2017, of 18 August, after awarding the tendered assets, payment can be made through the following methods:

    • ATM;

    • Bank transfer to the IBAN indicated in the award summary;

    • Check endorsed to Isegoria Capital, S.A.;

    • Cash – It is forbidden to pay or receive cash in transactions of any nature involving amounts equal to or greater than €3000.00, or its equivalent in foreign currency (Law No. 92/2017, of 22 August).

Personal Data - GDPR
  • LEILOSOC® will collect and proceed to the computer processing of the auction participant’s personal data, inserting them in an appropriate database for which it will be responsible.

  • The personal data provided by the auction participant shall be used exclusively for purposes connected with the execution of their respective contract, as well as, if the auction participant so authorizes, for the auctioneer’s information and marketing activities.

  • The auction participant undertakes to provide and keep his personal data up-to-date and truthful. Personal data relating to the compulsory completion of the membership form that is found to be incorrect or incomplete, shall constitute grounds for the immediate suspension or termination of the online auction, as well as for the termination of the respective contract.

Applicable Law and Jurisdiction
  • The sale is made in terms of article no. 834 of the portuguese Civil Procedure Code (Código do Processo Civil).

  • LEILOSOC® is licenced as an auction establishment, in accordance with decree no. 155/2015 of August 10th (Diário da República) and has a civil liability insurace of € 200.000,00 with the insurance no. RC63465018 Fidelidade – Companhia de Seguros, S.A.

  • In terms of article no. 825 paragraph 1 c) of the portuguese Civil Procedure Code (Código do Processo Civil), the failure of payment may lead to the forfeiture of sufficient assets to guarantee the unpaid amount, plus costs and expenses, without prejudice of CRIMINAL PROCEDURE, simultaneously, executed in the process itself for payment of said amount and additions.

  • For all matters not expressly regulated in the present document, the Portuguese Law will be applied.

For your safety, please read the following conditions for every term of sale:

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Private Negociation

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Online Auction

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Buy Now

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Matrix

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Live Auction

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Sealed Letter

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Private Negociation

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