General Regulation for the Sale of Goods

General Regulation for the Sale of Goods

1. PLATAFORM

lcpremium.pt is a plataforma owned by LC Premium, Lda. which provides potencial interested sellers and buyers with a resource for the promotion and sale of movable and immovable property throught electronic means.

2. REGISTRATION / OPERATION

2.1 Bidders must register on the lcpremium.pt website, which must contain all the necessary identification elements and contacts, namely, User, Email, Name, Surname, Company, Taxpayer Number, Citizen Card Number, Address, Postal Code, Proff of Address, Identification Document with photograph and Permanent Certificate, in the mandatory fields.

2.2. Before placing a bid, confirmation of the email account  indicated in the previous registration will be requested, so that the process can proceed.

2.3. The bidder assumes the veracity of the entered data and, when bidding, the responsibility arising from such act, namely to acquire the good(s), for the price offered, in accordance with the provisions of the law and these conditions of sale.

2.4. The goods are sold in the place, conditions, physical and legal state in which they are found, so LC Premium, Lda. declines any responsibility regarding its condition or functioning.

2.5. The user cannot be logged in on more than one device at the same time.

2.6. The electronic auction will take place during the advertised period;

2.7. Each lot has the established bidding sale value indicated, from which bids will be accepted with with a view to auctioning the asset(s).

2.8. The registration of an offer or proposal is considered valid for a period of 45 days, only and only in the present diligence of sale.

3. CLOSING OF THE ELECTRONIC AUCTION

3.1. The dates and times of the start and end of the auction are announced and advertised on the lcpremium.pt platform.

3.2. The closing of the auction is automatically controlled by the system, based on the time of the server where the lcpremium.pt platform is installed.

3.2.1. If the object of the auction is only one good, amount or lot, it will close at the time defined for the purpose, except if in the 30 (thirty) seconds immediately prior to the expected closing time new proposals/bids are presented, in which case the time closing date will be incremented automatically and the auction will end after 30 (thirty) seconds have elapsed without there being any record of the presentation of new proposals/bids.

3.2.2. If the object of the auction is more than one good, amount or lot, it will close at the time defined for that purpose and sequentially, with time intervals defined by lcpremium. Thus, if, for example, the auction that deals with the first good, lot or budget ends at 12:00 pm, the auction of the second good, lot or budget will end at 12:10 pm (if the defined time interval was 10 minutes) and so on.

3.2.3. If in the 30 (thirty) seconds immediately prior to the expected closing, new proposals/bids are presented for any of the goods, lots or funds, the closing time of the respective auction will be automatically increased and will end after 30 (thirty) seconds have elapsed without there is registration of new proposals/biddings.

3.3. If irregularities are detected in the bidding, the offers may be disregarded and the bidder excluded from the auction.

3.4. The bidding period may be extended if any error or anomaly is detected that may jeopardize the normal operation of the auction.

3.5. Those interested can follow all the operations through the internet.

4. DEPOSIT

4.1. LC Premium Ltd. may request a deposit when registering for the Electronic Auction, in order to guarantee the proper functioning and security of the sale. The payment of the deposit to be able to participate in some of our electronic auctions will be managed safely. We inform you that the payment of this deposit will be returned the day after the end of the auction. If the bidder does not comply with all the conditions imposed on the sale, LC Premium, Lda. will not return the deposit requested at the beginning of the auction due to non-compliance.

4.2. Registration in the auction must be carried out up to 48 hours before the end of the auction, under penalty of not being able to participate, due to non-compliance with the deadlines for payment of the deposit.

4.2.1. Registration made 24 hours before the end of the auction will only be accepted after payment of the deposit by means of an immediate transfer or through an ATM, so that we can proceed with unblocking participation in the auction.

4.3. The deposit must be paid by bank transfer to IBAN: PT50.0036.0011.99100060026.12. Please send proof of transfer to the email financeiro@lcpremium.pt together with proof of IBAN for the return of the deposit on the day following the end of the auction, if there is no default.

5. LEGITIMACY IN ACCESSING THE SERVICE

5.1. The electronic auction cannot be used by persons who do not have full legal capacity to enter into onerous contracts, and cannot, in particular, be used by persons under the age of eighteen.

5.2. Participants in the auction must inform LC Premium, Lda. of any situation that limits their legal capacity, considering that, if nothing is communicated in this regard, it will be assumed that they have full legal capacity.

5.3. LC Premium Ltd. assumes no responsibility in the event that the user's browser does not automatically update.

5.4. LC Premium recommends using Google Chrome as the default browser.

5.5. The auction participant undertakes to keep the electronic auction access password confidential and may not use an access identification that he does not own. The auction participant assumes full responsibility for operations carried out through the use of this data, even by third parties, with or without their authorization, also assuming responsibility for not disclosing the access password.

6. INFORMATION

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

6.1. The characteristics of the goods to be sold;

6.2. The length of the sale period;

6.3. The terms of payment and delivery of the goods.

6.4. The guarantee of reservation of personal data, protected by law.

6.5. Ensuring the reliability of communications;

6.6. Guaranteed recording of sales sessions.

7. PRICE PAYMENT

A commission is added to the sale price for the services provided by LC Premium, Lda. adding VAT at the legal rate in force, which will be settled by the buyer at the time of the award. a) 5% in the case of Real Estate and respective VAT;

b) 10% in the case of Movable Goods and respective VAT;

c) Specific cases will be indicated in the conditions of sale of each process

7.1. REAL ESTATE

a) With the auction, 20% of the proposed value will be paid as a down payment and principle of payment; b) The remaining amount will be paid on the date of the deed to be agreed with both parties

7.2. MOVABLE PROPERTY

a) With the auction, the total amount proposed and the respective VAT at the legal rate in force. b) Non-payment of the price, non-collection of goods or withdrawal, may have the following implications:

(i) The sale is deemed void;

(ii) Not being able to compete for a new sale;

(iii) Be criminally and/or civilly liable for damages or losses caused.

8. AWARD OF GOODS

8.1. The good(s) or batch(es) of goods will be awarded to the bidder offering the highest value, provided that it complies with all the conditions of this regulation and the particular conditions to be announced in the face of each sale process.

8.2. If the adjudication/sale is annulled, given without effect or declared null by the person entitled to it, all amounts delivered to the Insolvent Estate will be returned in single to the bidder, the latter not being able to claim any compensation or indemnity from that title, for whatever reason. for.

8.3. The right of LC Premium, Lda. to the established remuneration is not removed, even if the adjudication/sale is annulled, given without effect or declared null by the rightful party, unless LC Premium, Lda. Have culpably contributed to the vice that gave rise to them or could reasonably have known about it.

9. LEGAL ACTION

LC Premium, Lda., as promoter of the valuation of movable and immovable assets, reserves the right to prosecute those responsible for any illicit practice that interferes, manipulates or harms the lcpremium.pt platform or the sales process.

10. DISREGARD OF PURCHASE OFFERS

Purchase offers either through an electronic proposal or through an electronic auction that are registered on the lcpremium.pt platform after the closing of the sale process may not be considered for the purposes of determining the best price, being up to LC Premium, Lda. the decision of such fact with full discretionary power.

11. RESPONSIBILITY OF THE AUCTION PARTICIPANT

11.1. When using the electronic auction, the participant undertakes not to adopt behaviors that violate the current legal order or that harm interests or legally protected positions, obliging himself not to disturb or degrade the quality of the service.

11.2. The auction participant undertakes to observe all the procedures indicated by the auctioneer for the correct use of the electronic auction and to guide its action by high standards of seriousness, providing only true and up-to-date information.

11.3. It is not allowed to participate in an auction for speculative purposes, with the aim of promoting an increase or decrease in the price of the auctioned product, either by launching purchase offers, or by inciting or provoking the launch of offers, and it is also not allowed, in no way manipulate the auction process or influence the behavior of other users of the electronic auction, as well as perform any act that implies an unjustified overload, or that may damage or interfere with the computer system of the electronic auction.

11.4. The auction participant assumes responsibility for completing the bids carried out through the Electronic Auction, namely that of acquiring the good(s) for the price offered, as well as for complying with the respective applicable legislation.

12. LIABILITY OF LC PREMIUM, LDA.

12.1. LC Premium, Lda., is not responsible for damages that result from failures or deficiencies in the Electronic Auction or its maintenance operations, as well as for any unpredictable and insurmountable events, beyond its will or control, that prevent it, completely or partially, definitively or temporarily, to fulfill the 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 person it uses to fulfill its obligations.

12.2. LC Premium Ltd. accepts no responsibility for printing and typing errors.

12.3. Given the difficulty of confirming the identity of Internet users, LC Premium, Lda. is not responsible for the correct identification of users of the electronic auction.

13. LC PREMIUM, LDA. RESERVES THE FOLLOWING RIGHTS

13.1. Do not award, in case the values ​​obtained are considered insufficient.

13.2. Cancel or suspend sales when they occur irregularly.

14. PERSONAL DATA

14.1. LC Premium, Lda., 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.

14.2. The personal data provided by the auction participant will be used exclusively for purposes related to the execution of the respective contract, as well as, if the auction participant so authorizes, for information and marketing activities of the company.

14.3. The auction participant undertakes to provide and keep their personal data up-to-date and true. Personal data relating to the mandatory completion of the membership form that are found to be incorrect or incomplete, constitute grounds for the immediate suspension or termination of the provision of the Electronic Auction, as well as for the termination of the respective contract.

15. NOTIFICATIONS

The auction participant agrees to receive notifications related to the electronic auction.

16. LAW AND APPLICABLE JURISDICTION

16.1. For all matters not expressly regulated in these Sales Conditions, Portuguese law will apply.

16.2. The competent court in case of dispute in the interpretation or application of these terms and conditions, between LC Premium, Lda. and users will be the Comarca da Covilhã, with express waiver of any other.

17. GENERAL PROVISIONS

17.1. LC Premium Ltd. is not responsible for any damages that users of the electronic sales system may have due to technical or operational problems or connection failures caused by factors unrelated to LC Premium, Lda. that may occur and that prevent their participation in the sales process.

17.2. LC Premium Ltd. may annul, refuse, suspend, permanently cancel or limit the registration of any user who does not comply with the conditions established in these Regulations.

17.3. LC Premium Ltd. is a mere agent of the interested seller, not being responsible for hidden defects of the goods for sale or for the taxes due by the purchasers of the same. User logins cannot contain offensive and/or inappropriate content, reserved to LC Premium, Lda. the right to refuse access to the lcpremium.pt platform.

17.4. If there are technical problems on the lcpremium.pt platform, the sales process may be postponed or cancelled, in which case offers already registered will be void, deposits will be returned and eventually delivered.

17.5. The terms of this regulation may be unilaterally amended by LC Premium, Lda. and consider whether they are accepted by users if, within a period of 10 days, they say nothing by email or on paper.

Top