GENERAL CONDITIONS OF SALE
General Regulation for the Sale of Goods
Article 1 - OBJECT
This regulation establishes the general rules to which the service provided by the avaliberica.pt platform must comply and the participation of interested parties in the electronic sale of goods, according to:
With the legal regime for the electronic sale of goods;
With the legal provisions relating to the sale of goods in an executive process;
With the legal provisions relating to the sale of assets in the insolvency proceedings;
With the legal provisions relating to the sale of goods on behalf of third parties;
The rules and conditions, specific to each sale, available in the sales catalog.
Article 2 - SCOPE
These Regulations apply:
Organizing and monitoring the sale of movable and immovable property through an electronic auction.
The organization and monitoring of the sale of movable and immovable property through sale by electronic proposal.
Article 3 - DEFINITIONS
In these Regulations, the terms and expressions below will have the following meaning:
Interested seller: the owner of a movable or immovable property or in charge of its sale who grants a mandate contract with Lusoparticipações Avalibérica, S.A .;
Interested buyer: natural or legal person with legal capacity wishing to qualify to acquire a movable or immovable property whose sale is promoted through the avaliberica.pt information platform.
Lusoparticipipações Avalibérica, S.A .: main office based in Trav. Casal do Cego, Fraction B, Casal do Cego Industrial Zone, Marrazes - Apto 2926, 2401-902, Leiria municipality and is engaged in the management and valuation of movable and immovable assets, valuations, sales and auctions of new and different assets used;
avaliberica.pt: website that functions as a centralized access point to information available on the Internet;
Registration: the process by which any person, whether natural or legal, can register on the website and participate in the submission of proposals in electronic sales (sale by proposal or auction), in accordance with the applicable conditions; registration is a prerequisite for participation; registration is not the only condition for participation, and other restrictions may apply in addition to the registration requirement;
Website: set of hypertext, informative and descriptive elements, accessible through the address avaliberica.pt that allows the visualization and use of tools, resources and other features to sale of goods and through which the participation of interested parties will be possible;
Certified users: natural or legal persons who register on the website avaliberica.pt under the terms defined by Lusoparticipações Avalibérica, S.A .;
Sales process: set of legal, physical and electronic procedures that enable the sale of a good or lot of goods to be completed.
Article 4 - THE PLATFORM AVALIBERICA.PT
The avaliberica.pt platform is a computer application owned by the company Lusoparticipações Avalibérica, SA and aims to provide potential interested sellers and buyers with a resource for promoting and organizing the sale of movable and immovable property through electronic means.
Article 5 - ACCESS CONDITIONS
From the interested seller: a service provision contract will be awarded between this and Lusoparticipações Avalibérica, S.A .;
From the interested buyer: access will be granted to the avaliberica.pt platform, in which he / she will remain as a certified user, and must register through the portal, following the steps indicated there;
Interested parties can follow all operations in person (in face-to-face sales) or via the website (in electronic sales).
Article 6 - INFORMATION
All certified users are provided with the information necessary for their participation, namely:
The specifications of the goods to be sold;
The length of the sales period;
Payment and delivery terms for the goods, when applicable;
The guarantee of reservation of personal data protected by law;
Ensuring the reliability of communications;
Guaranteed registration of sales sessions.
Article 7 - PRICE
Lusoparticipações Avalibérica, S.A. will be charged a monetary consideration to the interested buyer, to which will be added the taxes due.
This consideration may have a fixed component and / or a variable component:
- In movable assets, the fixed component has a minimum value, depending on the specific sales process;
- In the same goods, the variable component corresponds to a percentage of the final sale price;
- In real estate, the fixed component has a minimum value, varying according to the concrete sale process;
- In the same goods, the variable component corresponds to a variable percentage of the final sale price;
The aforementioned counterparts will appear in the regulation / conditions of sale available to the interested party;
In certain sales, according to previously defined conditions, commissions may be charged to the seller.
Article 8 - CONDITIONS OF SALE
It is mandatory to know the sales conditions that will be made available on the avaliberica.pt platform and on paper.
Article 9 - DEPOSIT
The participation of interested buyers may involve the provision of a security deposit, by means of a check issued in favor of Lusoparticipações Avalibérica, SA or any other form of payment considered to be more appropriate and to be defined on time. to be set for each sales process and announced on the avaliberica.pt website, or otherwise made public;
The security deposit referred to in the previous point will be returned to the issuer, except for the one who proposed the best price, which can be deducted from the sale price;
If the interested buyer who offered the highest selling price refuses, without legal reason, to pay the remainder of that, loses the value of the security in favor of Lusoparticipações Avalibérica, SA or the seller , without prejudice to the civil liability that, in the circumstances, emerges.
Article 10 - ASSIGNMENT OF GOODS
The good or batch of goods will be awarded to the interested buyer who offers the highest price, provided that it fulfills all the conditions of this Regulation and the particular conditions to be announced in the face of each sale process.
Article 11 - CRIMINAL RELEVANCE
Lusoparticipações Avalibérica, SA, as a promoter of the valuation of movable and immovable assets, reserves the right to criminally prosecute those responsible for any illegal practice that interferes, manipulates or harms the website or the sales process.
Article 12 - DISCOVERY OF PURCHASE OFFERS
Purchase offers either through an electronic bid or through an electronic auction that are registered on the website avaliberica.pt after the sale process is closed may not be considered for the purpose of determining the best price , and Lusoparticipações Avalibérica SA is responsible for deciding this fact with full discretionary power.
Article 13 - GENERAL PROVISIONS
Lusoparticipações Avalibérica, SA is not responsible for any damages that users of the electronic sales system may have due to technical, operational problems or connection failures generated by factors outside the Lusoparticipações Avalibérica company , SA that may occur and that prevent their participation in the sale process.
Lusoparticipações Avalibérica, S.A. may cancel, refuse, suspend, permanently cancel or limit registration to any user who does not comply with the conditions set out in these Regulations.
Lusoparticipações Avalibérica, S.A. is a mere agent of the interested seller, not being responsible for the hidden defects of the goods on sale or for the taxes due by the purchasers of them.
Users login must not contain offensive and / or inappropriate content, with Lusoparticipações Avalibérica, S.A. reserving the right to refuse access to its website avaliberica.pt.
If there are technical problems on the avaliberica.pt platform, the sale process may be postponed or canceled, in which case the offers already registered will be ineffective, and the deposits will be returned eventually delivered.
The terms of this regulation may be changed unilaterally by Lusoparticipações Avalibérica, SA and will be considered accepted by users if, within 10 days, they say nothing by email or on paper.
