1.1 The following definitions and rules of interpretation apply in these T&Cs:-
“Auction” the auction sale of the Lots as further described in the Programme;
“Auctioneer” the person conducting the Auction;
“Bidder” any person who makes a bid on a Lot;
“Delivery” the delivery to, collection by or fulfilment of the Lot by or on behalf of the Winning Bidder;
“Donor” the person or company donating a Lot to the Auction;
“Lot” any item or experience donated to the Auction by the Donor with a view to its sale at auction (and reference to any Lot will include, unless the context otherwise requires, reference to individual items comprised in a group of two or more items offered for sale as one Lot);
“Lot Description” the section of the Programme listing details of the relevant Lot;
“Programme” the programme provided to Bidders containing details of the Auction including the Lot Descriptions;
“Reserve” any minimum price at which a Lot may be sold as explained in the Programme or by the Auctioneer;
“Winning Bid” the price of the Lot knocked down by the Auctioneer which is due and payable by the Winning Bidder in accordance with clause 3;
“Winning Bidder” the person certified in the sole discretion of the Auctioneer as being the highest Bidder and to whom a Lot is knocked down by the Auctioneer, subject to any Reserve;
1.2 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular and a reference to one gender includes a reference to the other genders.
2.1 These terms and conditions (“T&Cs”) govern the contract between CLIC Sargent Cancer Care for Children, Registered Charity No. 1107328 of Horatio House, 77-85 Fulham Palace Road, London W6 8JA (“us”, “we”, “our”) and you as Bidder (“you”, “your”) relating to the auction of certain Lots described in the Programme.
2.2 The Auction is open to UK residents aged 18 and over. All bidders must ensure that they are legally able to bid for and to buy a particular Lot before placing any bid. It is the responsibility of Bidders to ensure that, should they be the Winning Bidder, they have the necessary permissions or authorisations to carry out the activity specified in the Lot Description, including without limitation appropriate identification (such as: clean driving licence, minimum age qualification, security clearance).
2.3 When a Bidder places a bid they enter into a contractually binding obligation, with irrevocable effect. By bidding for any Lot the Bidder agrees to be bound by these T&Cs. The Winning Bidder is the person certified in the sole discretion of the Auctioneer to be the highest Bidder, provided that such bid meets any Reserve.
2.4 Unless a shorter claim period is specified in the Lot Description, all Lots will lapse, and not be claimable unless fulfilled within 365 calendar days of the date of the Auction. No cash alternative will be offered for any Lot.
2.5 We act as agents for the Donor and are not answerable or personally responsible to you for any breach of contract or other default by the Donor.
2.6 We do not make or give and do not agree to make or give any contractual promise, undertaking, obligation, guarantee, warranty or representation in relation to any Lot.
2.7 A Winning Bidder accepts the Lot as described in the Lot Description and the Lot is not refundable.
2.8 A bid for a Lot excludes any delivery costs (if applicable) which shall be the sole responsibility of the Winning Bidder unless agreed otherwise.
2.9 Unless agreed by us in writing, a Lot may not be resold or used for commercial or promotional purposes.
2.10 CLIC Sargent's decision on all aspects of the Auction and these T&Cs shall be final and no correspondence shall be entered into.
Payment of the Winning Bid must be made before any Lot can be collected or delivered. We accept payment by debit or credit card, by cheque payable to CLIC Sargent, or by bank transfer.
4.1 Subject to payment in accordance with clause 3, we will notify you when the Lot is available for Delivery.
4.2 Any specific requirements relating to the Delivery of a Lot will be provided in the Lot Description.
4.3 We reserve the right to charge you for any reasonable storage costs if you fail to take delivery of the Lot within 3 months.
4.4 If you fail to take Delivery of the Lot within the earlier of: (a) 365 calendar days of the date of the Auction; or (b) the period of time specified in the Lot Description, then, except where this failure to take Delivery is caused by our failure to comply with these T&Cs or by an event beyond either party’s reasonable control we may, after giving you reasonable prior notice in writing arrange for the resale or other disposal of part or all of the Lot.
4.5 If we invoke our right of sale under clause 4.4, provided payment has been made for the Lot in accordance with clause 3, we shall make all reasonable efforts to pay to you any proceeds of sale received by us, after deducting reasonable storage and selling costs, by way of a refund for failure to take Delivery of the Lot.
4.6 If we invoke our right of sale under clause 4.4 but no payment has been made for the Lot in accordance with clause 3 we may at our sole discretion either: (a) make all reasonable efforts to pay to you any amount in excess of the Winning Bid which is received by us; or (b) charge you for any shortfall between the amount received by us and the Winning Bid (in either case after deduction of all reasonable storage and selling costs).
5. Title and Risk
5.1 With effect from the time of Delivery the Lot will become your responsibility and all obligations relating to the Lot will cease to be our responsibility.
5.2 Any applicable rights of ownership in the Lot will pass to the Winning Bidder on Delivery.
6. Limitation of Liability
6.1 To the extent permitted by law, we will not be liable whether in negligence, other tort, breach of contract or statutory duty or in restitution or in any other way for any loss, damage, claim or costs: (a) arising out of any inaccuracy, error, misdescription or omission in any Lot Description, made on our behalf or on behalf of the Donor and whether made before or after these T&Cs or prior to or during the Auction; or (b) arising from or incurred wholly or partly by your participation in the Auction.
6.2 Without prejudice to clause 6.1, the total liability of CLIC Sargent arising out of or in connection with these T&Cs shall not exceed the Winning Bid for any Lot.
6.3 Nothing in these T&Cs excludes or limits in any way our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) (to the extent they apply) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or (e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
7. Events outside our control
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these T&Cs that is caused by events outside our reasonable control (a “Force Majeure Event”).
7.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (but without limitation), the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; or (f) pandemic or epidemic.
7.3 Our obligations under these T&Cs are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these T&Cs can be performed despite the Force Majeure Event.
8.1 You may not transfer any of your rights or obligations under these T&Cs to another person without our prior written consent, which we will not withhold unreasonably.
8.2 Any notice or other communication given under these T&Cs must be in writing and may be delivered by hand, by first class post or e-mail.
8.3 If any court or competent authority decides that any of the provisions of these T&Cs are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
8.4 If we fail, at any time while these T&Cs are in force, to insist that you perform any of your obligations under these T&Cs, or if we do not exercise any of our rights or remedies under these T&Cs, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these T&Cs shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
8.5 A person who is not party to these T&Cs shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
8.6 These T&Cs shall be governed by English law and we both agree to the exclusive jurisdiction of the English courts.