TERMS AND CONDITIONS

GENERAL CONDITIONS OF SALE

Article 1 (Scope and Purpose)

This Regulation:

1) Applies to the organization and monitoring of the sale of movable and immovable property, tangible and intangible, through electronic auction and/or receipt of electronic proposals.

2) Establishes the general rules for the use of the service available on the www.so-leiloes.pt platform and the participation of interested parties in the electronic acquisition of goods, in accordance with:

With the legal provisions relating to the sale of assets in enforcement proceedings;
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;
With the legal regime for the electronic sale of goods;
The specific rules and conditions of each sale, available in the sales catalog/brochure.

Article 2 (Glossary)

For the purposes of these general conditions of sale, it is understood as:
TEMAS E ABREVIATURAS, LDA.: Commercial company headquartered at Avenida Antero Quental, Nº9, 9500-160, Ponta Delgada, in charge of the management and valuation of movable and immovable assets, appraisals, sales and auctions of various goods, new and used, henceforth referred to as ONLY AUCTIONS;
www.so-leiloes.pt website that functions as a centralized access point to information available on the Internet;
Seller: the owner of movable or immovable property, or with the capacity and legitimacy to promote the sale, who grants a service contract with TEMAS E ABREVIATURAS, LDA., pursuant to Decree-Law No. 155/2015, of August 10th;
Buyer: natural or legal person with legal capacity who intends to acquire movable or immovable property whose sale is promoted through the information platform www.so-leiloes.pt;
Registration: the process through which any person, natural or legal, can register on the website and participate in the submission of proposals in online sales (sale by proposal or auction), in accordance with the applicable conditions; registration is a prerequisite for participation; registration is not a sole condition for participation, and other restrictions may apply in conjunction with the registration requirement;
Website: set of hypertext, informative and descriptive elements, accessible through the address www.so-leiloes.pt, which allows the visualization and use of tools, resources and other functionalities for the sale of goods and through which it will be possible for the interested parties;
Users: natural or legal persons who register on the website www.so-leiloes.pt under the terms defined by TEMAS E ABREVIATURAS, LDA.

Article 3 (The www.so-leiloes.pt Platform)

The platform is a computer application owned by TEMAS E ABREVIATURAS, LDA., which aims to provide potential interested parties, sellers and buyers with a resource for promoting and organizing the sale of movable and immovable property online.

Article 4 (Access Conditions)
Access to the www.so-leiloes.pt platform will be granted, in which you will be a certified user, to those who register through the portal, as indicated;

Article 5 (Information and Data Protection)

All certified users are provided with the information necessary for their participation, namely:

The specifications of the goods to be sold;
The duration of the sale period (start date and time and end date and time);
The place and duration of the examination of the goods to be sold;
The payment and delivery conditions of the goods, when applicable;
The guarantee of the reservation of personal data protected by law;
The guarantee of the reliability of communications;
The guarantee of registration of sales sessions.

Article 6 (Goods for Sale)

  1. Movable and immovable property are sold in the physical and legal state in which they are found, free of encumbrances or charges.
  2. The goods for sale will be available for visit, previously defined, in the respective sales brochure and/or area of ​​the good, either by setting days for this purpose, or by making an appointment to be defined with SÓ LEILÕES.
  3. The seller and SÓ LEILÕES assume that the interested parties have visited the goods in question, thus being aware of their characteristics and limitations, disclaiming any responsibility for their state of conservation or functioning, as well as any incorrect description of the information contained in the brochure/ad. , which could be misleading.
  4. The seller and SÓ LEILÕES are not responsible for changes that, in relation to the legal situation of the properties, may occur in the future and that may be harmed by law or by administrative act.
  5. The seller and SÓ LEILÕES decline any responsibility for the authenticity of the brands of the products on sale.

Article 7 (Sales Commission)

  1. SÓ LEILÕES will charge a commission to the buyer, in addition to the taxes due, as mentioned in the specific sales conditions of each process being sold, corresponding, in most cases, to: a) 5% of the award value, plus VAT at the legal rate, in the case of immovable property;
    b) 10% of the award value plus VAT at the legal rate, in the case of movable property.
  2. In certain sales, according to previously defined conditions, commissions may be charged to the seller.
  3. If the award is made to the creditor with a real guarantee, this will be exempt from the payment of the referred commission.

Article 8 (Conditions)

The sales conditions of each process will be available on the platform www.so-leiloes.pt and on paper, available at SÓ LEILÕES headquarters and at the place designated for the sale.

Article 9 (On the electronic auction – Duration and Operation)

  1. The auction period is advertised in the auction area, by identifying a start date and time and an end date and time, , this variable being this variable if the auction has a number of lots that justifies it, in a timer decreasing in days, hours, minutes and seconds, available for this purpose.
  2. The closing of the auction is automatically controlled by the system with reference to the time of the server where the www.so-leiloes.pt platform is installed. The auction will end at the defined time if no new bids are made in the last 60 seconds prior to the scheduled closing, otherwise the closing time will be increased automatically and the auction ends when there are 60 seconds without new bids.
  3. Each item in an online auction has two values, duly identified in the area of ​​the item for sale, namely:
    3.1 Sale value: value from which the good sold is considered after the end of the auction, which will be awarded to the highest bidder;
    3.2 Value of the last bid: value of the highest bid received so far.
  4. The minimum bids will be indicated by SÓ LEILÕES, depending on the specific case, information available in the area of ​​the good for sale.
  5. Bidders will be notified, by e-mail, if there is a bid that exceeds theirs, being certain that SÓ LEILÕES is not responsible for any delays in the delivery of the e-mail, since the delivery and reception service of the mail electronic is not your responsibility.

Article 10 (Security)

  1. The participation of interested buyers may imply the provision of a security deposit, by means of a check issued in favor of SÓ LEILÕES or any other form of payment considered to be more appropriate and to be defined punctually, of a value to be fixed for each sales process and announced in the website www.so-leiloes.pt, or in any other way made public.
  2. The security deposit referred to in the previous point will be returned to the issuer, except for the one who proposed the best price, and may be deducted from the sale price.
  3. If the interested buyer who offered the highest sale price refuses, without legal reason, to pay the remainder of that price, he/she loses the security deposit in favor of SÓ LEILÕES or the selling entity, without prejudice to the civil liability that, in the circumstances , cause.

Article 11 (Award and Payment of Goods)

  1. The good or lot of goods will be awarded to the buyer who offers the highest price, as long as it complies with all the conditions of this Regulation and the Particular Conditions to be announced in each sales process.
  2. If the sale value is not reached and the auction closes, the best value obtained will be subject to approval, and SÓ LEILÕES will later notify the bidder, in due course, of the decision on whether to accept it or not.
  3. In the case of MOVABLE PROPERTY, after the auction, the winning bidder will be sent a communication (letter and/or e-mail) by SÓ LEILÕES, noting the award and that it must, within 3 (three) working days , proceed with the payment of the bid amount, plus VAT at the rate in force, as well as the value of the respective sales commission, through the means indicated in the communication of the award.
  4. In the case of REAL ESTATE, after the auction, the winning bidder will be sent a communication (letter and/or e-mail) by SÓ LEILÕES, noting the award and that it must, within 3 (three) working days , proceed with the payment of 20% of the sale value, as well as the value of the respective sales commission, through the means indicated in the award communication. The remaining amount, that is, 80% of the sale value, to be carried out within 60 days, must be settled at the time of the Purchase and Sale Deed, and the buyer is responsible for all expenses related to the transaction (licenses, , energy certificates, among others). The deed is scheduled by the sales person.
  5. After all payments have been properly collected, the respective invoices will be sent to the bidder for the goods to the address indicated in the registration form on the website.
  6. If the right of remission is exercised, the goods will be awarded to the redeemer, for the same value, terms and conditions referred to in points 3 and 4.

Article 12 (Asset Collection)

  1. After payment of the amounts received, buyers will be contacted to collect the goods.
  2. Vehicles will only be picked up after their registration is carried out at the registry office.
  3. Movable assets must be collected within 10 days of the award date.
  4. The real estate will be delivered at the time of the Purchase and Sale Deed.
  5. It is the buyer’s responsibility to provide means for the removal of the goods, which is under the obligation of a careful and effective procedure in the act of lifting them, being responsible for any damage caused to third parties or third-party goods, when handling /displacement/disassembly/transport of the respective acquired goods.
  6. Failure to collect the goods within the prescribed period may lead to the following consequences:
    a) cancellation of the award;
    b) criminal and/or civil liability for damages or losses caused;
    c) loss of amounts already delivered.

Article 13 (Criminal Relevance)

ONLY AUCTIONS, reserves the right to criminally sue those responsible for any illicit practice that interferes, manipulates or harms the website or the sales process.

Article 14 (Disregard of Offers to Purchase/Default)

The purchase offers, either through electronic proposal or through online auction that are registered on the website www.so-leiloes.pt after the closing of the sale process may not be considered for the purpose of determining the best price, being SÓ LEILÕES decision to do so with full discretion.

Failure to pay the price may lead to the following consequences:
a) cancellation of the award;
b) criminal and/or civil liability for damages or losses caused;
c) loss of the deposit delivered.

If, for reasons beyond the control of SÓ LEILÕES, the sale is cancelled, by those entitled to it, the amounts received will be returned in simple terms, with no prejudice to the seller or the seller.

 

Article 15 (General Provisions)

  1. SÓ LEILÕES is not responsible for any damages that users of the online system may have due to technical, operational problems or connection failures generated by factors beyond the control of SÓ LEILÕES that may occur and that prevent them from participating in the sales process.
  2. SÓ LEILÕES may cancel, refuse to accept, suspend, definitively cancel or limit the registration to any user who does not comply with the conditions established in these Regulations, as well as in the event that any fraudulent activity is detected.
  3. SÓ LEILÕES is merely responsible for the sale/representative of the seller, not being responsible for the hidden defects of the goods being sold nor for the taxes owed by the purchasers thereof.
  4. SÓ LEILÕES is not responsible for any accident occurring at the premises where the goods are located, on visiting days, auctions or delivery days.
  5. The acceptance of these General Terms and Conditions, together with those provided for in the Usage and Security Policy, is essential for the use of the services provided by SÓ LEILÕES, so the user must read, make sure that he has understood and accept all the conditions established in the general terms and conditions and in the privacy policies, as well as in the other documents incorporated by reference thereto, at the time of registration.
  6. BID – LEILOEIRA services are only available to individuals or legal entities that have the legal capacity to contract them, so it is prohibited to register users who do not have the capacity to do so, as well as users who have been suspended from the service. ONLY AUCTIONS, temporarily or permanently, without prejudice to the application of the legal sanctions provided for in the Law.
  7. In the event of a dispute and in the case of a consumer, you may resort to an Alternative Dispute Resolution Entity:
    Lisbon Consumer Dispute Arbitration Center, Street of Douradores, 112, 1100-207 – Lisbon. www.centroarbitragemlisboa.pt 
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