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Terms & Conditions

By placing a bid, you acknowledge that you agree to the BBC's Terms of Use on the BBC website and the Auction Terms and Conditions below.

In addition to reading the Terms of Use and the Auction Terms and Conditions, please ensure that you read the BBC's Privacy Policy and the description of the particular auction item for which you are bidding.

This Auction is being run on behalf of, and is open to, all BBC employees, and others who at the BBC's discretion are granted access to this website for the purposes of entering the Auction.

AUCTION TERMS AND CONDITIONS
('Agreement')

1. British Broadcasting Corporation ('the BBC')
1.1 In providing this Children in Need (registered charity number 802052) online auction (the 'Auction') the BBC is not acting in the course of its normal business and the proceeds of this and all auctions conducted on this site will be donated to Children In Need.
1.2 The BBC is a public corporation incorporated by Royal Charter under the laws of the United Kingdom having its principal office at Broadcasting House, Portland Place, London, W1A 1AA.
2. Goods and Donors
2.1 The items that are offered for auction on this site, ('the Goods'), have been donated by third parties ('Donors') for the sole purpose of raising funds for Children In Need.
3. Legal capacity
3.1 Only individuals who can lawfully enter into and form contracts under applicable law may bid for and buy the Goods in the Auction. In all cases you must be at least 18 years of age (or such other age, if greater, as may be required for the BBC to lawfully contract with you in the jurisdiction in which you are resident). If you are bidding as a business entity you represent and warrant that you have authority to bind that entity to all terms and conditions.
4. Legal status of bids
4.1 Each placement of a bid will constitute a legal offer that, on acceptance by the BBC, will form an agreement which will be binding on the bidder.
4.2 Further to clause 4.1 above, you acknowledge that each bid made by you may not be withdrawn and will remain valid and capable of acceptance by the BBC for a period of up to two calendar months, unless an Auction is subject to early closure or extension by the BBC in accordance with clause 5.7 below.
4.3 For the avoidance of doubt and as set out in clause 5.5 below, all bids will remain valid until payment for the relevant Goods has been received by the BBC.
5. Bidding process
5.1 The winning bid in an Auction will be the highest bid which exceeds the reserve price and meets any other conditions which may be specific to the relevant Auction ('the Winning Bid'). If additional conditions apply to a specific Auction, they will be published alongside the description of the Goods prior to the commencement of the relevant Auction.
5.2 If the Auction ends and the reserve price is not met by any valid bid, the BBC shall have no obligation to complete the transaction.
5.3 If your bid is followed by a higher bid that is later removed by the BBC for any reason, it will be open to the BBC to accept your bid, as though the higher bid had never been made.
5.4 If your bid is a Winning Bid for an Auction, the BBC will notify you by email or telephone to confirm the amount of your bid and details of the relevant Goods, and to arrange for payment and delivery of the Goods. If there is a problem regarding your payment of the amount of the Winning Bid, the BBC reserves the right to offer the Goods to the next highest bidder.
5.5 When payment of a Winning Bid is received by the BBC, the relevant Auction will close and all unsuccessful bids will lapse.
5.6 The BBC reserves the right to refuse or remove any bids in its absolute discretion.
5.7 The BBC reserves the right to cancel an Auction, close an Auction early or extend the period of an Auction at any time at the BBC's sole and complete discretion.
5.8 Further to clause 5.7 above, if the BBC cancels an Auction for whatever reason and subsequently re-activates such Auction, all previous bids for that particular Auction will lapse and bidding will recommence.
5.9 If there is a dispute between you and another bidder with respect to an Auction, the BBC is under no obligation to become involved in, resolve or arbitrate such dispute. You hereby release the BBC, its officers, employees and agents and the Donors from any claims, demands or damages arising out of or in connection with any such disputes and/or this site.
5.10 You will be required to provide your name, address, email, telephone number and confirmation that you are over 18 years of age in order to submit a bid.
6. Goods
6.1 Goods bought at an Auction are non-refundable and non-exchangeable, save as set out in clause 11 below.
6.2 You acknowledge that the Goods may differ slightly from the photographic images displayed on this site.
6.3 You acknowledge that all information that is provided on this site or otherwise as a description of each of the Goods is reproduced by the BBC in good faith and is consistent with information supplied to the BBC by the relevant Donors. As such, the BBC cannot be held responsible for inaccurate or misleading product descriptions.
6.4 The BBC shall have the right to substitute Goods with goods of a similar description and standard if for any reason the relevant Goods are not available.
7. Payment
7.1 Payment must be received by the BBC by cheque, debit card or credit card within ten (10) calendar days of you receiving confirmation from the BBC in accordance with clause 5.4 that your bid for an Auction is the Winning Bid.
7.2 Your payment to the BBC pursuant to clause 7.1 will comprise the amount of the Winning Bid and the full cost of delivery which, if applicable, shall be notified to you by the BBC as set out in clause 10 below.
7.3 Goods will not be released to you until payment has been received pursuant to this clause 7.
8. Currency
8.1 Each Auction will be conducted in pounds Sterling. If you pay in a different currency, you acknowledge and agree that the actual cost to you will vary according to the standard exchange rate applied by your bank on the date of billing. You also agree to bear any and all costs and charges involved in the transfer and/or conversion of foreign currency to pounds Sterling.
9. VAT
9.1 The BBC believes that it is exempt from paying Value Added Tax for the purposes of the Auctions, however if this position should change, the amount of the Winning Bid shall be inclusive of any applicable VAT.
10. Delivery
10.1 Further to clause 7.3, you acknowledge that should your bid be a Winning Bid for an Auction, such bid does not include any costs of delivery and you may be required to pay additional charges for insurance, packaging and delivery. Any such additional charges will be notified to you by, and agreed in advance with, the BBC.
10.2 The BBC shall not be liable for any duty or seizure costs incurred during delivery of Goods outside the United Kingdom.
10.3 A signature may be required upon delivery of the Goods.
10.4 Damage to or loss of the Goods during transit are not the responsibility of the BBC.
10.5 Delivery of the Goods by the BBC to you is subject to the delivery of the Goods by the Donor to the BBC. In the event that delivery of the relevant Goods does not occur for whatever reason, you agree that your sole remedy will be to receive a refund of any payment received by the BBC from you in respect of the Winning Bid and, if paid in advance by you, the cost of delivery.
11. Refund and Exchange of Goods
11.1 In the event that the relevant Goods are shown to be defective within the meaning set out in section 3 of the Consumer Protection Act 1987 Part 1, the BBC shall either refund the amount of a Winning Bid or request that the Donor make good or exchange the Goods. In order to be considered for a refund or exchange of Goods, you must notify the BBC in writing of the alleged defect within 30 days following delivery of the Goods to you.
11.2 You agree that your sole remedy for misdescription of the Goods will be to receive a refund of any payment made by you for the Goods and, (if applicable) the cost of delivery. However, such repayments shall only be made in the case of a materially significant misdescription and provided that the Goods have not been used by you. Notice of such misdescription must be received by the BBC within 10 working days of receipt by you of the Goods, following which the BBC will contact you to discuss repayment and return of the Goods to the BBC.
11.3 Except as otherwise specified in this Agreement, you acknowledge and agree that you will neither be entitled to a refund of the amount of the Winning Bid nor an exchange of Goods.
11.4 You acknowledge that certain Goods may contain specific refund or warranty conditions which will be included in the description of the Goods prior to the relevant Auction and which may legally bind you.
12. Liability
12.1 While the BBC endeavours to ensure that the information and other material on this site is correct and complete, it does not accept any liability (except as set out below) for any errors in or omissions from this site.
12.2 The BBC will use all reasonable efforts to correct any errors in and/or omissions from this site as quickly as practicable after being notified of them.
12.3 Except as specifically set out in this Agreement, the BBC makes no guarantees or representations regarding the Goods and expressly excludes all warranties, expressed or implied regarding the Goods, including (but not limited to) the availability, quality, timeliness, performance, condition, suitability or fitness for a particular purpose of any of the Goods available, to the full extent permitted by the laws of England and Wales.
12.4 The BBC shall not in any circumstances be liable to you in contract or tort (including negligence and breach of statutory duty) for any indirect or consequential loss, howsoever caused or arising in connection with this Agreement, any Auction or Goods purchased by you.
12.5 Without prejudice to any of the foregoing, you agree that the BBC will only be liable to you for direct loss up to a maximum total of the amount of the Winning Bid in respect of any one incident or series of incidents attributable to the same cause.
12.7 Nothing in this Agreement shall purport to exclude liability for death or personal injury where such has been caused by the negligence of the BBC.
13. Links
13.1 The BBC assumes no responsibility for the contents of any other websites to which this website links. As such, the BBC shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such hyperlinked sites, over which the BBC has no control. The inclusion of any hyperlinks to such other websites does not mean that the BBC endorses the material on such websites or has any association with the owner thereof.
14. Data Protection
14.1 The BBC complies with the provisions of the Data Protection Act 1998, as amended, in processing personal information. As such, your personal information will be held confidentially by the BBC and will only be used by the BBC or disclosed to a third party (such as a Donor) if such use or disclosure is required for the purposes of this Agreement or as otherwise instructed by you.
14.2 If necessary, the BBC will co-operate with any investigation by any governmental body or any court or tribunal legitimately exercising rights, and in the event that such co-operation requires the BBC to release your personal information, such release may be without notice to you.
15. Assignment
15.1 You shall not assign, transfer, sub-license, mortgage, charge or otherwise dispose of any of your rights, interests or obligations under this Agreement to any person or organisation.
16. Severability
16.1 If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful, void or unenforceable, such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect the validity or enforcement of this Agreement.
17. Third Party Rights
17.1 This Agreement does not create or confer any right under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to this Agreement.
18. Limitation
18.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or in relation to an Auction or this Agreement must be filed within one (1) year after such claim or cause of action arises or be forever barred.
19. Jurisdiction
19.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall be courts of competent jurisdiction. Every auction that is carried out on this site shall be deemed to be performed in England.