These Terms and Conditions are applicable to any use by you of the online
auction (“Auction”) and bidding facility (the “Bidding Facility”) hosted by
the Charity (the "Charity"). Use of the Bidding Facility constitutes
acceptance of these Terms & Conditions. If you do not agree to be bound by
these Terms and Conditions, you may not use the Bidding Facility.
1. Auction
The online auction operated on the site is for the benefit of the Charity for
whom the Auction is being run.
A number of Auction Items offered for sale on the site (“Items”) are subject
to a reserve. All monies paid by a winning bidder and above the reserve price
will be donated to the Charities.
Bidders may bid for more than one Item in the Auction.
The winning bidder on each Item offered for sale in the course of the Auction
will be the person who has submitted the highest bid at the deadline and is in
excess of any reserve.
2. Eligible Bidders
All bidders must be capable of forming legally binding relations under
applicable law. The Bidding Facility may not be used by individuals under the
age of 18 years old and by any other persons who are legally prohibited from,
or otherwise incapable of, entering into binding contracts.
Any bidder using the Bidding Facility is warranting by so doing that they are
legally entitled to do so.
As bidder you agree that we can process your personal data for the purpose and
specifically for this Auction.
We do not and will not store your credit or debit card details beyond taking
payment during this auction.
3. Bidding
Bidders wishing to bid on an Item may make a bid for an Item through the
Bidding Facility.
All Items offered in an Auction are listed and offered for sale on an "as is"
basis. Bidders are advised to conduct any research or due diligence on an Item
prior to making a bid.
A bid made by a bidder is an offer to purchase the Item listed at the stated
bid price. Any bidder making a bid for an Item acknowledges and agrees that
their offer is an irrevocable offer to complete the transaction if they are
the winning bidder whereupon the bid will become a contractually binding
obligation to purchase the Item at the bid price.
If a bidder bids on an Item and that bid represents the winning bid for that
Item and the winning bid is above or equal to the reserve, the bidder's bid is
deemed accepted.
The 'winning bidder' is the person certified by the Charity at the end of the
Auction to be the highest bidder, provided that their bid meets the reserve.
The winning bidder may include any under-bidder who is awarded the Item.
Bidders may pre-authorise or pay by credit cards using the payment system
provided by Stripe; by paying you are agreeing to Stripe’s terms and
conditions, please see
https://stripe.com/en-gb/checkout/legal
We, the Charity, will not retain your payment records. Stripe may retain your
details as per their terms and conditions and please see them for more
information.
If the Charity has not received payment from the winning bidder after a
reasonable period of time, such time to be determined by the Charity in its
absolute discretion, then the Charity has the right to award the prize to the
next highest bidder or another in its absolute discretion.
4. Auction Items and Descriptions
Items for sale in the Auction are listed on the site with a description and a
minimum bid.
The Item is offered for sale by the Charity on the basis that it is raising
money for good causes.
The Charity will, wherever possible, provide a representational image of the
Item offered for sale in the Auction but shall have no liability if it does
not do so.
All Images are subject to copyright of the artist.
Whilst the Charity strives to ensure that descriptions and photographs are
accurate, complete and up-to-date, it does not guarantee that this is the
case, and will not be responsible for any damage or loss caused due to a
bidder by reason of a description of an Item being inaccurate, incomplete or
for the Item being otherwise in any way different to the bidder's
expectation. Descriptions of Items are provided without a warranty of any
kind.
While every effort is made by the Charity to ensure that the Item, including
any experience or otherwise, works and is in good order and is capable of
fulfilment and provides what you would reasonably expect, you acknowledge that the Items by definition are marketed as money can’t buy Items and as such they come with a significant risk attached and that risk is that they may not be as
you expect or they may for some reason become impossible to provide or fulfil;
in this scenario, or in any scenario, the Charity will not and cannot provide
any refund and the Bidder agrees to not receiving any refund, without
exception.
Some Items may have a redemption period within which you must redeem the Item and some will also have a date by which you must take up the Item. If you do not redeem the Item in time or take it up in time, you agree that you forfeit
that Item and as per the above you will receive no refund.
In redeeming some items, you will be agreeing to the terms of an approved
supplier of that Item and such terms will be clear for you to accept or reject
at that time.
In no event shall the Charity (including, its employees, affiliates and
volunteers) be liable for any claim, demand or damages arising out of or in
any way connected with the Auction or Bidder’s purchase of an item.
5. Bidding Deadlines
Deadlines for receipt of bids made for an Item offered in the Auction are at
the sole discretion of the Charity and will not normally be extended under any
circumstances. No bids will be accepted on an Item after the deadline.
After the Auction closes the Charity will contact the winning bidder to inform
the bidder that their bid was the highest and that they are, therefore, the
winning bidder.
6. Gift Aid
By agreeing to Gift Aid, the bidder is confirming that they are a UK taxpayer
and understand that if they pay less Income Tax and/or Capital Gains Tax in
the current tax year than the amount of Gift Aid claimed on all their
donations it is their responsibility to pay any difference. The bidder
understands that other taxes such as VAT and Council Tax do not qualify. The
bidder understands that Gift Aid is reclaimed by the Charity from the tax they
pay for the current tax year.
Gift Aid on lot items is only applicable in a limited number of situations;
the Charity will claim wherever possible; for more info
see http://www.hmrc.gov.uk/charities/gift_aid/rules/auctions.htm.
7. Applicable Law
This Agreement between you the bidder and the Charity shall be interpreted and construed in all respects in accordance with English law and any dispute
arising in relation to any aspect of the use of the Auction, the Bidding
System, bids made by a bidder in the course of an Auction, any Item, payment
delivery or any other matter relating to the Auction shall be subject to the
exclusive jurisdiction of the English courts to which the parties hereby
irrevocably submit.
9. Variation of Terms
These Terms and Conditions may be revised and updated by the Charity from time to time without notice. Bidders who have previously bid in the Charity Auction are accordingly advised to familiarise themselves with the prevailing edition of these Terms and Conditions when deciding to participate in an Auction.
Notwithstanding the foregoing the edition of the Terms and Conditions that was
current at the time an Auction commenced will continue to apply throughout
that Auction and to all Items sold pursuant to it even if later edition of the
Terms and Conditions is implemented before the Auction is completed.
10. Third Party Rights
No person who is not a party to an Agreement shall have any right pursuant to
the terms of the Contracts (Rights of Third Parties) Act 1999 to enforce any
term of such Agreement.
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Add Card Details With Stripe
You will need to add your card details to bid on this auction. These details are stored securely on Stripe, our card payment partner. If you are the winning bidder at the close of the auction, your card details will be used to process payment for the item(s) won. Any payment processed will be confirmed via email and you will be contacted if there are any issues processing payment.
Please note: If you choose to verify your card via ApplePay, the £1 preview payment will not actually be charged to your card.