Terms of Use

IDENTITY OF THE OWNER OF THE WEBSITE

This legal notice and information regulates the use of the Internet Web service under the following domain name: www.winsubastas.com

WINSUBASTAS is the commercial name that is included in the above-mentioned Web Portal and object of this legal notice.

WINSUBASTAS, as a provider of information society services, is governed by the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce.

WINSUBASTAS, is a commercial name owned by WINSUBASTAS, S.L. with CIF B01651892, with address at C / Velázquez, nº 15, 1º dcha. . The contact telephone number is 910 887 114. Registered in the Mercantile Registry of Badajoz, with email contacto@winsubastas.com.

The website is the property of WINSUBASTAS S. L., who reserves the right to make, at any time and without prior notice, modifications to the information contained on its website or its configuration and presentation. The owner owns all the copyright on all the contents of the Web Portal, whether in their own right or through assignments or agreements with third parties

By accessing this Web Portal, including all its pages, it is accepted that WINSUBASTAS will not be responsible for any consequence, damage or harm arising from said access or use of the information on said Web or by access to other materials on the Internet. through the connections with this Web Portal. Neither will it be responsible and the user accepts it for errors or computer problems caused by malicious viruses, worms, malicious software or other social engineering attacks (phishing, pharming, Trojans, etc.) that third parties may have maliciously located on our servers, during the time frame until the reactive protection measures available to this entity are implemented. If the user notices errors in the operation or strange behavior of the site, he can send an email to the above address. Access to the contents of this Website through mechanized systems that are different from natural persons is prohibited, since they may cause damage to the owner of the Web Portal by not being able to objectively measure audiences.

In the event that a user hires through a relationship established through email, there is no right of withdrawal as they are professional services

The user guarantees that the data provided is accurate with reality at the time of registering, and if at any time after registering on the web, the users data changes, the user will be obliged to report said changes to Winsubastas, SL,
The user will accept the conditions of the auction and the web when registering in it, in such a way that if they do not accept it, the web will not allow them to continue in order to bid on it.

REGULATION OF JUDICIAL AUCTIONS

According to Article 636 of the LEC, regarding the Realization of goods or rights not included in the previous articles, they will be carried out in the manner agreed between the parties and interested parties and approved by the Lawyer of the Administration of Justice in charge of the execution, with in accordance with the provisions of this Law.
That, in the absence of a realization agreement, the disposal of the seized assets will be carried out through one of the following procedures.
1. Disposal by means of a person or specialized entity, in the cases and in the manner provided for in this Law.
2. Judicial auction.
3. Without prejudice to the provisions of the preceding sections, once the assets have been seized by the Lawyer of the Administration of Justice, the necessary actions will be carried out for their judicial auction, which will take place within the indicated period, if not before It is requested and ordered, in accordance with the provisions of this Law, that the forced execution be carried out differently.
According to Article 641 of LELC, the performance by person or specialized entity
1. At the request of the executor or the executed with the consent of the executor and when the characteristics of the foreclosed asset so advise, the Lawyer of the Administration of Justice responsible for the execution may agree, by means of diligence, that the asset be carried out by a specialized person and knowledgeable of the market in which those goods are bought and sold and in whom the legally required requirements to operate in the market in question meet.
The Lawyer of the Administration of Justice may also agree, when requested in the terms set forth in the preceding paragraph, that the property be sold through a specialized public or private entity. When so provided, the alienation will be adapted to the rules and uses of the house or entity that auctions or alienates, provided that they are not incompatible with the purpose of the execution and with the adequate protection of the interests of the executor and the executed.
For these purposes, the Colleges of Attorneys may be designated as a specialized entity in the auction of goods.
2. In the cases of the previous section, the specialized person or entity must provide surety in the amount that the Lawyer of the Administration of Justice determines to answer for the fulfillment of the order. Surety will not be required when the performance is entrusted to a public entity.
3. The implementation will be entrusted to the person or entity designated in the application, provided that it meets the legally required requirements. The same resolution will determine the conditions under which the performance must be carried out, in accordance with what the parties have agreed on. In the absence of an agreement, the goods may not be disposed of for a price less than 50 percent of the appraisal. When the characteristics of the goods or the possible decrease in their value are advised by the lawyer of the Administration of Justice in charge of the execution, with the consent of the executor, he may designate Winsubastas as the specialized entity for the auction, where in accordance with the provided in article 626, the movable assets to be carried out are deposited.
For this purpose, the requirements and the form of organization of the necessary services will be determined by regulation, guaranteeing the adequate publicity of the auction, the auctioned goods and the results thereof.
Notwithstanding the provisions of the preceding paragraphs, when the assets to be performed are immovable, the determination of the person or entity to be entrusted to the realization and the conditions under which it must be carried out, will be made prior to appearing. The parties and those who appear in the process who may be interested will be summoned. The lawyer of the Administration of Justice will resolve by decree what he deems appropriate, in view of the manifestations of those who attend the appearance, but he will not be able to authorize the sale to be carried out for a price lower than 70 percent of the value that is has given the property in accordance with the provisions of article 666, unless the agreement of the parties and all interested parties is recorded, whether or not they attended the appearance.
4. As soon as the realization of the goods is consumed, the corresponding person or entity will proceed to deposit in the Deposit and Consignment Account the amount obtained, discounting the expenses incurred and what corresponds to those for their intervention. The Lawyer of the Administration of Justice must approve the operation or, where appropriate, request the appropriate justifications about the performance and its circumstances. Once the operation is approved, the bond that the person or entity to which the performance has been entrusted will be returned.
5. When, six months after the commission, the execution had not been carried out, the Lawyer of the Administration of Justice will issue a decree revoking the commission, unless justified by the person or entity to which it was made that the execution has not been possible within the indicated period for reasons that are not attributable to it and that, because these reasons have already disappeared or because its prompt disappearance is foreseeable, the order may be completed within the period offered and which may not exceed the following six months. After this last period has elapsed without the commission having been fulfilled, the Lawyer of the Administration of Justice will definitively revoke it.
Once the order has been revoked, the bond will be applied for the purposes of the execution, unless the person or entity that had lent it proves that the realization of the property has not been possible for reasons that are not attributable to it.
Article 642 Subsistence and cancellation of charges
1. The provisions of this Law on subsistence and cancellation of charges will also be applicable when, in accordance with the provisions of this section and the previous one, the ownership of mortgaged or seized properties is transferred.
2. For the purposes of the provisions of the previous section, the dispositions that take place in accordance with the provisions of the two preceding articles must be approved by the Lawyer of the Administration of Justice in charge of the execution, by decree, after verification of that the transfer of the property took place with the knowledge, by the purchaser, of the registration situation resulting from the certification of charges.
Once the transmission is approved, the provisions for the auction of real estate will be applied in relation to the distribution of the sums collected, registration of the right of the purchaser and order to cancel charges.
The testimony of the decree approving the transfer of the property will be a sufficient commandment for the Property Registry.
And according to section 3 of Article 648 of the LEC, it establishes that only bids may be telematic, to achieve greater transparency and publicity of auctions and possibly a greater number of bidders, in order to achieve the maximum possible economic benefit

In the face of all these new changes, and in view of the need to establish entities specialized in the sale and disposal of seized goods, by auction, Winsubastas with extensive experience in the management and sale of seized goods, places at the service of the schools its auction portal that allows conduct the electronic auction and sale of said goods.

WINSUBASTAS STANDARDS.

1. All those public or private entities, professionals, people who delegate to winsubastas, such as their auction portal, will be governed by the following rules to achieve the sale of their Assets, without prejudice to the rules provided by law, mandates issued by judicial authority, or those issued by the applicant.
2. These norms will be of scope and application to all sales and auctions of all the different types of goods that can be sold or auctioned and that are requested by the judicial body, as well as all the different types of goods that are requested by public or private entities, professionals or individuals.
3. The sale or auction of the Assets will be carried out under electronic auction on the auction portal www.winsubastas.com, and the sale or auction of said Assets through the web will be carried out under the conditions of the regulations expressed herein, except if there are particular conditions agreed for those assets indicated.
4. The order of sale through auction, through the portal www.winsubastas.com, can be carried out in the following terms, as long as there is no incompatibility with the law.
1. Court agreement
2. By request made by public or private entities, by natural or legal persons, drawing up a written agreement.
3. In any of the two previous cases, all the available information on the Assets to be settled must be given, (report of charges or expenses pending, technical report, cadastral and graphic document, possession of the property in question, as well as place of storage of the property in each case, photographic report, occupation of the Assets in each case.
5. The lots will be published on the web, with the greatest clarity and exactness of the information possible, as well as in the auction brochures, or in any Marketing service that is contracted for it, exempting Winsubastas from any responsibility for damages that may arise, due to an erroneous or incomplete description, or for any other reason of damage or injury. For this, any user who requests it, will be sent all available information about each required asset and also the user will be able to carry out an inspection and verification of the auctioned asset, thus avoiding doubts.

6. All the goods auctioned by WINSUBASTAS, will be sold in the state and situation in which they are at the time of the auction and for this reason, WINSUBASTAS nor the seller of Good, will not indemnify for any visible or hidden defect, nor will they give no type of Guarantee in relation to the flaws that these have, and for this, a few days of visit prior to the auction are established by prior appointment, and the buyer assumes to have inspected the property previously.

7. The buyer is obliged to make the payment, by bank transfer, of the Proforma Invoice that has been issued for it, where the account number where the payment must be made appears, where he will have a period of 48 business hours. If there is a delay in payment, there will be a penalty for the costs of 12% on the purchase price and that will be passed on to the buyer by WINSUBASTAS, and they will be costs that will be increased to the purchase price.

8. Regarding the days of visits prior to the Auction, and regarding the days of delivery of the goods, they will always be by appointment to WINSUBASTAS, and it will be mandatory to follow the rules and advice indicated by the WINSUBASTAS staff, and Neither the seller of the property nor WINSUBASTAS can claim any responsibility for any possible damages that may arise from the visit of the movable or immovable property

REGISTRATION TO BID.

In order to participate in any of the auctions on www.winsubastas.com, it is necessary to have registered the first time, providing as much information as possible, which will be answered with a fully personal user account and password, and which will will accredit to be able to participate in the auctions, taking into account that the natural or legal person, must have legal capacity to contract and not be incapacitated for it, and will always be governed by the general conditions of the web. In the case of participating on behalf of another person, you must prove yourself by providing documentation that represents you in each case.

DEPOSIT STORAGE.
In general, it will be necessary to deposit an amount as a deposit, for the amount agreed in each case, according to the conditions established by the entity that manages the sale or auction, and it will not be necessary if the managing entity does not require it in the order of the sale.
The deposit can be made by Bank Transfer to the designated entity in each case, according to the conditions established in each auction, for the amount established, and indicating the account number where it is preferred that the amount paid as deposit be refunded ,
Once verified that the deposit has been made, and that the amount has reached the designated account, the bidder can participate in the auction.

If the successful bidder is not reached, said amount will remain as reserve and guarantee to finish the payment of the Asset in its entirety within 48 hours from the conclusion of the auction.
If, on the contrary, the Awardee does not finish making the payment in the established time, or does not proceed to make the deed of award, provided that they are causes caused by the Awardee, he will lose the deposit in its entirety, with which, the amount The deposit would go to the Court or to the account of the Entity requesting the auction, from which amount the expenses caused by the auction management will be deducted, which will go to the Manager, in this case WINSUBASTAS SL

LOADS AND CHARGES
The auction of the Assets that are encumbered with Mortgage or inherent charges, will be carried out with the status of charges that the assets have at that time, and it is understood that the physical and legal status of the Assets in the At the time of the auction or public sale, and for this reason, the price will not be modified or the sale will not be withdrawn for any reason, the offers received being irrevocable.
ADVERTISING OF THE AUCTION.
Once the sale of the Assets is in charge, it is given way to give it the maximum publicity that each Asset requires in each case, in order to achieve the goal of obtaining the highest number of bids and thus the highest amount thereof. The auction conditions will be included in each case, as well as the maximum possible information regarding the asset, and regarding the start and end days of the auction. All this with the maximum clarity to try to reach the maximum number of bidders.
In each case, the starting price will be reported

DEVELOPMENT OF THE AUCTION.
The conditions for each auction, and the type of auction, is detailed in the conditions of each auction, and will be reflected on the website www.winsubastas.com
The auctions that take place on the www.winsubastas.com portal will have a start date and an auction end date, as well as a start time and an end time in each of them, as established, and can be modified at any time, and will be done a communication to those interested people. In addition,  bids can be made 24 hours a day, within the established deadlines. And it is assumed that the bidder, by placing his bid, is accepting the conditions of the auction.
The auction will be extended by an additional 3 minutes (as auction conditions are established), each time a bidder makes a new bid, which in turn exceeds the previous highest bid established, and so on until the last ones are allowed to improve. established bids, being possible to follow them without the need to bid.
Every time a bidder issues a bid for a good, an acknowledgment of receipt of said bid will be sent to your email, including the date and time of receipt of the bid in question, as well as a record of all bids made and the amounts of said bids.
It will be fully accessible and clear, what is the maximum bid at all times
The auction will be finished, when its fixed closing time is reached, except if there is an extension due to the circumstances explained above, and the best bidder will be notified by email of their status as the winner of the Asset or Assets from the sale.
From that moment, the successful bidder of the Asset in question will have a period of 48 hours to make the payment of the price offered by the Asset, and to acquire the good or goods, in their entirety, following the conditions of the auction offered. In addition to the bid amount, the successful bidder must pay the web management fees www.winsubastas.com, in accordance with the accepted conditions, and must do so at the same time of payment of the Asset, that is, within the term of the Same 48 hours from the allocation of the Asset, and as indicated by the conditions of each auction.

If by decision of the managing entity, it is decided to cancel the auction, formally communicating it to the page www.winsubastas.com, the amounts corresponding to the bonds received by the potential bidders are returned, having the possibility to claim from the managing entity, the corresponding to 1.5% of the amount of the value of the auctioned property, as repercussion for the expenses caused in the Auction Management.
If you request to resume the previously canceled auction again, it will be understood as a new auction in all its conditions.
In the event that the Successful Bidder has made the best offer, and does not make the payment of the Assets or Assets awarded, within the established term, the Assets will be awarded to the bidder who bid below this first winner in order of preference, and with independence to make the claims for noncompliance that were necessary, to the first successful bidder.
In the event that the auction ends without the sale of the Assets, the public auction may be repeated as many times as deemed appropriate, provided that the established rules are respected, and no cost may be passed on to the applicant. The minimum bid price will be determined in the conditions of each auction.


COMMUNICATION TO THE COURT.
In the case of all auctions that are commissioned by the Judicial body, once the amount of the highest bid price awarded is received, for the lot or lots auctioned, a report of said auction will be prepared, which will be communicated to the Court or Entity (with all the supporting documentation for the operation), and will be subject to approval by the requesting Management Entity. If for any reason this is not approved, the amount of the amounts collected will be refunded to the successful bidder in question.
If in everything established in the rules of www.winsubastas.com, no mention has been made of any particular condition, the rules that regulate the electronic auction processes will be applied

AUCTION EXPENSES.
All the expenses that are caused by the public sale or auction, those derived from the cancellation of the charges and the debts that are taxing the property, will be borne by the Awardee at all times, unless there is an agreement to the contrary in the conditions of each auction.
The commission that the auction entity www.winsubastas.com, will be established in each case and specified in the conditions of each auction, and will be passed on to the award price of the goods. The commission will be paid by the Successful Bidder, and may or may not be included in the award price, depending on what the conditions of each auction establish.

CANCELLATION OF LOADS
When the charges come from other judicial procedures, it will be the Lawyer of the Administration of Justice, who verifies the charges, if any, and executes them through a decree, after proving the sale and it is approved. For other cases, it will be necessary to consult the current legislation.

RESTRICTED AUCTION.
Assets may not be awarded by this auction, for a price of less than 70% of their value, unless expressly authorized by the court.
If the best offer received is less than 70% of the value of the good or goods, prior to the execution of the deed of sale, all the offers received from both the executor and the applicant will be notified to the court, so that They may improve the offers and present another highest bidder within 10 calendar days from their communication.
Once the term has passed, the Asset will be awarded to the highest offer received, with all the corresponding effects.
MOVABLE PROPERTY AUCTION.
The minimum bid will be described in the conditions of each lot, and may not be sold for an amount less than 50% of its value, unless authorization is obtained by the Court Attorney in each case, who may accept it when it is expected that they will not obtain greater amounts by other means

EXPENSES
The expenses of the sale and allocation of the Asset or Assets will be for the account of the Successful Bidder, and the deposit already made to enter the auction will be deducted, and the payment must be made in the same account where the deposit was made, indicating at that time the auction identification number.
The commission for the management of the sale of the Assets will be between 5% and 15% calculated at the award price of the good, since it is not included in the price of the bid or offer made, except that in the conditions of the Auction will be established differently. Said commission must always be paid by the successful bidder to the same account number where the deposit was made, indicating the auction number.
Taxes will also be paid by the successful bidder, unless otherwise indicated in the particular conditions of the auction
If the auction ends and the Assets have not been awarded, it can be repeated as many times as it deems appropriate, provided that the established rules are complied with, and provided that the Court has previously authorized it.
If the auction ends and Assets are awarded, the amounts will be paid as established in the conditions.