Leilosoc/Conditions of Sale
General Conditions of Sale
Matrix
It is up to the auctioneer to ensure the development of the Onsite & Electronic Auction - MATRIX®, namely by complying with the provisions of these General Conditions of Sale:
Auction Registration
Bidders and potential bidders must be duly registered at the auction before starting any bid.
Registration in the MATRIX® Auctions can be done in 2 ways, according to how the user intends to participate in the auction:
In-Person Registration: When participation in the event is done in person, at the place and time scheduled for the event.
Registration on the LEILOSOC®'s Auction Portal: When participation in the event is done electronically, anywhere, at the scheduled time for the event to take place. To this registration – which allows participation in any auction that takes place on the auction portal – is added a prior registration, specific to each MATRIX® Auction, which grants the user authorization to participate online in the event.
In-Person Registration:
Registration must be done at the auction site, where the participant, after providing registration data, receives a racket with the bidding number that will allow him to place bids at the event.
This record must contain all the identification elements necessary for invoicing and/or drawing up the Promissory Purchase and Sale’s Contract, such as name, address/headquarters, ID number or Citizen Card and tax identification number.
Upon registration, it is mandatory to deliver a deposit check in the amount of €5,000.00 (five thousand euros), which will be returned at the end of the auction, if the bidder has not obtained the highest bid on any of the lots in which it has bid at auction.
Bids must be made clearly, in a loud voice and with the racket clearly visible, so as not to raise doubts.
Registration on the LEILOSOC®'s Auction Portal:
When creating a My LEILOSOC® account, all the identification elements necessary for invoicing and/or drawing up the Promissory Purchase and Sales' Contract must be included, such as name, address/headquarters, ID number or Citizen Card and, tax identification number.
After completing the registration, confirmation of the email account indicated in the registration will be requested. Confirmation is essential to validate the requested email and be allowed to bid.
Prior registration at the event (online):
Through the auction portal, the user must select the MATRIX® Auction in which he/she wishes to participate and, on the auction page, in the “Prior Registration” field on the left side, select the “Online” option and tick “I accept the General Conditions of Sale”, after consulting them.
The application for registration is pending approval by LEILOSOC® and will be approved by 1:00 pm on the day of the event.
The conditions for validating prior registration are sending (up to 48 hours before the event) proof of payment of a deposit of €5,000.00 (five thousand euros) – check or bank transfer. After the end of the auction, if the participant has not obtained the highest bid on any lot, the deposit will be returned in single.
After validation, the “Prior Registration” field should turn green, with the message “Registration Approved”, accompanied by a .pdf icon, where you can download the Automatic Registration Form.
The system will automatically assign the participant an online racket number, which is associated with their registration and will appear whenever they place a bid during the auction.
When registering for an auction, the interested party is expressly declaring that he is aware of and accepts these general conditions.
The bidder assumes the veracity of the data provided, as well as all obligations and responsibilities arising from such act, namely to acquire the good(s) for the price offered, in accordance with the provisions of the law and these General Conditions of Sale.
At the beginning of the auction, the procedures by which the auction will be governed and the rules of conduct essential for its proper functioning are announced. The selling entity and representatives of the organizing entities have the right to sit at the auction table.
Assets at Auction
The assets are sold in the place, conditions, physical and legal state in which they are found, whereby LEILOSOC Market Partners® declines any responsibility regarding their condition or functioning. If nothing is informed to the contrary, persons and goods are transferred free of charge.
Decree-Law 84/2021 – “Consumer Defense” which regulates consumer rights in the purchase and sale of digital assets, content and services, pursuant to article 4, paragraph 1, subparagraph a), does not apply to sales made on the scope of the liquidation of assets in insolvency proceedings or in enforcement proceedings. The bids made are binding, the bidder is prohibited from requesting the annulment of his bid.
Interested parties are responsible for visiting and inspecting the assets during the visiting period – at a pre-defined time (date, time and address are published in the auction and/or lot area) or by appointment, if requested by interested parties and possible. The buyer assumes responsibility for the purchase of what he visited and that he committed to acquire. The buyer is responsible for inspecting the property, and the lack of this analysis cannot be blamed on LEILOSOC®.
The sale of real estate in insolvency proceedings is exempt, under the terms of the law, from the presentation of a Use License, Energy Certification and Technical Data Sheet. The buyer is responsible for inspecting the property, and the lack of this analysis cannot be blamed on LEILOSOC®.
Auction's Duration
The auction will start on the date and time set and, will run until all the lots for auction have been placed on the market and there are no more bids – in person or electronically.
Auction's Operation
Each auction lot has 3 values:
Base Value: Value from which the good sold is considered, being awarded to the bidder with the highest bid.
Minimum Value: Value corresponding to 85% of the Base Value and from which the good sold can be considered, if there are no bids that exceed the Base Value.
Current Bid: Value of the highest bid received so far.
Lots are presented at auction in the order they appear in the catalogue. The successively higher bidding values for each good are defined by the auctioneer.
When intending to place a bid, in person, the participant must pick up his racket, which was provided to him at the beginning of the session.
When intending to place a bid electronically, the participant must fill in the amount he wants to bid on the MATRIX® Auction page, in the respective lot, and insert it into the system. The offer will be received in real time in the auction room and participants who are present on site or third parties who are participating electronically, will be able to overcome the offer and so on.
When a bid is made, it is the auctioneer who determines its validity, and if he does not receive a higher bid, he will repeat it 3 times and award the lot to the respective bidder – whether the bid comes from a participant in the room or online.
In the case of the auction of real estate by a bidder present in the auction room, the bidder and the seller undertake to sign immediately after the end of the auction the Promissory Contract of Purchase and Sale, as well as payment, by the bidder, the respective down payment and commission for services provided by the auctioneer.
In the case of an auction of movable or immovable property by an electronic bidding bidder, after the end of the auction, the participant will be contacted in order to schedule a meeting with LEILOSOC® to sign the Promissory Purchase Agreement and Sale and respective payment, by the bidder, of the down payment (for immovable property), and payment of the entire amount proposed (for movable property), as well as payment of commission for services provided by the auctioneer.
If the initial bidder, for whatever reason, does not sign the Promissory Purchase and Sale Agreement, the lot will be assigned, successively, to the bidder with the promptly lower price, who assumes the position of antecedent bidder, proceeding to sign the Agreement - Promise of Purchase and Sale.
After the end of the auction, and if the Base Value (or Minimum Value, if any) has not been reached, bidders will be notified by email in the event of a higher bid than theirs. LEILOSOC® is not responsible for any delays in the delivery of the email, as the email delivery and reception service is not its responsibility.
All bids that did not win the auction are automatically archived.
Proposals with a value lower than the Base Value (or Minimum Value, if any) may be submitted, however:
The award is conditioned to the positive opinion of the Insolvency Administrator or the Seller who, until it happens, keeps the proposal in the status of “Offer Registration”.
Bids in the “Bid Register” are valid for 45 days, being pledged, and cannot be withdrawn before said deadline.
However, sales’ diligences can be taken to obtain better results, the bidder being informed if a superior proposal appears and to, if they wish, improve the offer they have presented.
Commission for Rendered Services
A commission is added to the sales value for the services provided by LEILOSOC Market Partners® and respective VAT, namely:
Real Estate: 5% on the proposed value and respective VAT (legal rate in force);
Movable Assets: 10% on the proposed value and respective VAT (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 auction and/or to the specific lot.
Asset's Payment
Immovable Assets:
The bidder and promissory buyer will pay, with the Adjudication/Bidding, 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 remainder of the price will be paid on the date of the purchase and sale deed, to be carried out within a maximum period of 30 days;
The public deed of purchase and sale will be scheduled by the Auction Establishment and will be held in a place determined by Mr. Insolvency Administrator, as a general rule, in the geographical area of his professional domicile.
Movable Assets:
With the auction there will be payment – by check or bank transfer – of the total amount proposed and respective VAT (at the legal rate in force).
Non-payment of the price, non-collection of the goods or withdrawal will have the following implications:
The sale will be considered void;
Not being able to compete for a new sale;
Be criminally and/or civilly liable for damages or losses caused;
Do not recover 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).
If for reasons beyond the control of the Auctioneer, the sale is considered void – by decision of the Insolvency Administrator or court or the Seller, namely in the case of irregularity or other defect that is impeding or renders the sale invalid or ineffective – any amounts paid by the buyer they will be returned to him in single.
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 goods, 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).
Legitimacy in Accessing the Service
People who do not have full legal capacity to enter onerous contracts cannot participate in an auction. For example, under 18 years old.
LEILOSOC® does not assume any liability resulting from the fact that participants do not have full legal capacity to buy or sell products.
The auction participant must inform LEILOSOC® of any situation that limits its legal capacity, considering that, if nothing is communicated, it will be assumed that it has full legal capacity.
The auction participant undertakes to keep the access password to the portal confidential and may not use a MyLEILOSOC account which he does not own. The auction participant assumes all responsibility for the operations carried out using this data, even by third parties, with or without authorization, assuming responsibility for the non-disclosure of access data to the MyLEILOSOC account.
The auctioneer may suspend access to the portal and/or the auctions whenever the participant violates any legal provision or any provision of these General Conditions of Sale or their annexes, as well as if any fraudulent activity or connection to fraudulent activity promoted or carried out by the auction participant and related to the auction.
If the MyLEILOSOC account or the access of a participant to an auction is suspended or cancelled, the obligations assumed by that participant, namely the obligation to promptly pay any sums owed and conclude any business that has been proposed as a buyer, are not extinguished, and the auction participant must comply with such obligations.
Responsibility of the Auction's Participant
The auction participant undertakes to comply with the legal order, not adopting behaviors that infringe it or that harm legally protected interests or positions and, undertakes not to disturb or degrade the quality of the service.
The auction participant undertakes to observe all the procedures indicated by the auctioneer for the correct use of the auction and to base its performance on high standards of seriousness, providing only true and up-to-date information.
Participation in auctions for speculative purposes is not permitted, with the aim of promoting an increase or decrease in the price of the auctioned product, either by launching bids for purchase or sale, or by inciting or provoking the launch of these offers. It is also allowed, in any way, to manipulate the process of carrying out the auctions or influence the behavior of the other participants in the auction, as well as to perform any act that implies an unjustified overload, or that may damage or interfere with the computer system of the auction.
The auction participant may not use any computer program, mechanism, or manual process to monitor or reproduce, in whole or in part, the content contained in the auction electronic pages, without the express written authorization of the auctioneer.
The auction participant assumes responsibility for completing the bids carried out through the auction, namely that of acquiring the good for the price offered, as well as for complying with the respective applicable legislation.
Given the difficulty of confirming the identity of Internet users, the bidders are solely responsible for the declarations they provide, namely regarding the identification of their representative(s), quality and powers.
The buyer assumes the responsibility and obligation to collect and transport the purchased item(s) in the place where it is located, as well as licenses, personal insurance and means used within a maximum period of 30 days current after the end of the auction.
The buyer also assumes responsibility for preserving the property where the good(s) is deposited, as well as for the eventual repair and payment of contingent damages and losses caused.
Responsibility of Leilosoc®
It is the responsibility of LEILOSOC®:
The placement of goods at auction, as well as the information introduced in the auction portal;
Ensure its functioning, guaranteeing the confidentiality of the bidders' identification.
It is not the responsibility of LEILOSOC®:
Losses that result from failures or deficiencies in the auction portal or its maintenance operations that occur due to unpredictable and insurmountable events, beyond its will or control, that prevent it, completely or partially, definitively or temporarily, to fulfill obligations arising from the contract and/or that result from non-compliance, delay or defective performance that are not attributable, by way of willful misconduct or serious fault, to the Auctioneer or its representatives, agents, assistants or any other people that it uses to fulfill its obligations.
Failures or inefficiency of electronic equipment used by bidders or time differences in these devices.
LEILOSOC®, as an auction establishment, reserves the following rights:
Not to award if the values obtained are considered insufficient;
Cancel or suspend sales when they occur irregularly;
Require, if deemed necessary, that payments be made by certified check.
Personal Data - GDPR
LEILOSOC® will collect and process the auction participant's personal data by computer, inserting them into an appropriate database and for which it will be responsible.
The personal data provided by the auction participant are used exclusively for purposes related to the execution of the respective contract, as well as, if the participant authorizes it, for information and marketing activities of the auctioneer.
The auction participant undertakes to provide and keep personal data up-to-date and true. Personal data relating to the mandatory filling in of the MyLEILOSOC registration form and the Registration Form that turn out to be incorrect or incomplete, constitute grounds for the immediate suspension or cessation of participation in the auction, as well as for the resolution of the respective contract.
Notifications
Auction participants agree to receive notifications related to the auction, including any changes to the General Sales Conditions, to the email box associated with their registration.
Law and Applicable Jurisdiction
The sale is carried out in accordance with the provisions of article 834 of the Code of Civil Procedure.
LEILOSOC® is duly accredited by the D.L. No. 155/2015 of August 10, holder of civil liability insurance in the amount of € 200,000.00 Policy No. RC63465018 – Fidelidade - Companhia de Seguros, S.A.;
Under the terms of article 825.º nº 1 c) of the Code of Civil Procedure, failure to deposit the price may lead to the attachment of sufficient assets to guarantee the missing amount, plus costs and expenses, without damage to CRIMINAL PROCEEDINGS and the former being simultaneously executed in the process itself for payment of that amount and additions.
LEILOSOC® is a brand certified by the ISO 9001 standard, having been the 1st in the sector with an ISO 9001 – 2008 certified management system and the 1st to successfully transition to ISO 9001 – 2015.
All issues not expressly regulated in these General Conditions of Sale, Portuguese Law will apply.
For your safety, consult the following general conditions of sale for each modality:
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