Before bidding in our auction for City Music Foundation (CMF), you should read this.
These terms and conditions set out the rules by which the auction is run.
By placing a bid, you acknowledge that you agree to CMF’s Terms and Conditions:
In addition to reading the Terms and Conditions, please ensure that you read the description of the auction item which you are bidding for as it may include specific terms in respect of that item.
TERMS AND CONDITIONS
1. City Music Foundation (‘CMF’)
1.1 These auctions (each an ‘Auction’) are part of the fundraising activities of CMF. The proceeds of all auctions will be donated to CMF. The proceeds are any amount beyond the face value of the tickets being auctioned and can be subject to Gift Aid CMF is a Registered Charity number 1148641 and a Company Limited by Guarantee number 08133744. Office is at 12, Carlton House Terrace, London SW1Y 5AH.
2. Goods and Donors
2.1 All items that are offered for auction (‘the Goods’) have been donated by third parties (‘Donors’) for the sole purpose of raising funds for CMF.
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 Auctions. In all cases you must be at least 18 years of age (or such
other age, if greater, as may be required for us to lawfully contract with you in the jurisdiction in which you are resident).
4. Legal status of bids
4.1 Each placement of a bid will constitute a legal offer and shall be binding on you. As such, the bid may not be withdrawn after it is placed and may be accepted as the winning bid at any time.
4.2 Further to clause 4.1 above, you acknowledge that each bid made by you may be valid for a period of up to one calendar month, unless an Auction is subject to early closure or extension by
CMF 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 CMF.
5. Bidding process
5.1 Bids will not be accepted unless they are at least £50 higher than the current highest bid.
5.2 To be the winning bid in an Auction, the bid must be the highest bid and must meet any other conditions which may be specific to each Auction (‘the Winning Bid’). If additional conditions apply, they will be published alongside the description of the Goods prior to the commencement of each Auction.
5.3 If your bid is followed by a higher bid which is later removed by CMF for any reason, it will be open to CMF to accept your bid, as though the higher bid had never been made.
5.4 If your bid is successful, CMF will notify you by telephone to confirm the amount of the Winning Bid and details of the relevant Goods, and to arrange payment and delivery.
5.5 If there is a problem with payment by you of the amount of the Winning Bid, CMF reserves the right to offer the Goods to the next highest bidder. When payment has been received by CMF, the relevant Auction will close and all unsuccessful bids will lapse.
5.6 CMF reserves the right to refuse or remove bids in its absolute discretion.
5.7 CMF reserves the right to close an Auction early or to extend it at any time and at its discretion. An Auction may be cancelled or delayed because of, amongst other things, technical difficulties experienced by CMF or issues involving a Donor of the Goods (such as any decision by a Donor to remove its Goods from an Auction).
5.8 Further to clause 5.7 above, if an Auction is cancelled for any reason and subsequently reactivated, all previous bids will lapse and bidding will recommence.
5.9 If there is a dispute between you and another bidder, CMF is under no obligation to become involved in such dispute. You hereby release CMF, 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 Website.
5.10 The Auction reserve for each item is £2,000.
6.1 Goods bought at an Auction are non-refundable and non-exchangeable, save as set out in clause 11 below.
6.2 Where the Goods are tickets for an event, the winning bidder may decide who shall use the tickets at their own discretion.
6.3 CMF shall have the right to substitute Goods of a similar description and standard if for any reason the relevant Goods are not available.
7.1 Payment must be received by cheque, debit card or bank transfer.
7.2 Payment must be received by CMF within 7 days of you receiving confirmation that your bid is the Winning Bid from CMF.
7.3 Where the Goods are tickets for an event the payment must be made at least 7 days before the date of the event so the tickets can be issued and delivered in time.
7.3 Payment will include the amount of the Winning Bid and the cost of delivery (if applicable) which shall be notified to you by CMF as set out in clause 10 below.
7.4 Unless otherwise agreed by CMF, Goods will not be released to you until payment has been received. If payment is made by cheque, Goods will not be released to you until the cheque has cleared.
8.1 Each Auction will be conducted in pounds Sterling and payment must be received in pounds Sterling. The actual cost to you, if you pay in a different currency, will vary according to the
standard exchange rate applied by your bank on the date of billing.
9. Gift Aid
9.1 The amount of the Winning Bid where it is in excess of the face value of the item, where labelled, will be treated as a Donation and Gift Aid may be claimed.
9.2 A form for Gift Aid claim will be issued to the Winning Bidder.
10.1 Further to clause 7.3, you acknowledge that the amount of the Winning Bid does not include the costs of delivery and you may be required to pay additional charges for insurance, packaging and delivery. Any additional charges will be notified to you by CMF and agreed in advance with CMF.
10.2 CMF is not liable for any duty or seizure costs incurred during international delivery of Goods.
10.3 A signature may be required upon delivery.
10.4 Damages to or loss of the Goods during transit are not the responsibility of CMF.
10.5 Delivery of the Goods is subject to delivery by the Donor. In the event that delivery does not occur for whatever reason, you agree that your sole remedy will be to receive a refund of any payment received by CMF from you in respect of the Winning Bid and, if paid in advance by you, the cost of delivery.
10.6 Where the Goods are tickets for an event CMF may make arrangements for these to be collected at the Venue in some circumstances.
11. Refund and Exchange of Goods
11.1 CMF shall refund the amount of the Winning Bid or request that the Donor exchange Goods that are shown to be defective within the meaning set out in section 3 of the Consumer Protection Act 1987 Part 1. In order to be considered for a refund or exchange of Goods, you must notify CMF in writing of the relevant defect within 30 days of the Goods having been delivered 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 the Goods have not been used by you. Notice of such misdescription must be received by CMF
within 10 working days of receipt by you of the Goods following which we will contact you to discuss repayment and return of the Goods to us.
11.3 In all other respects, you acknowledge and agree that you will be entitled to neither a refund of the amount of the Winning Bid, nor an exchange of Goods, in the event that you should decide
that you no longer want the Goods.
11.4 You acknowledge that certain of the Goods may contain specific refund or warranty conditions which will be included in the description of the Goods prior to each auction and may legally bind
12.1 CMF endeavours to ensure that the information and other material on this website are correct and complete, but does not accept liability (except as set out below) for any errors in or omissions
from this website.
12.2 CMF will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.
12.3 Except as specifically set out in this Agreement, CMF makes no representation and expressly excludes all conditions or warranties, expressed or implied, including (but not limited to) the
availability, quality, timeliness, performance or fitness for a particular purpose of any of the Goods available, to the full extent permitted by English law.
12.4 CMF shall not be liable for any claims or losses of any nature arising directly or indirectly from any inability by you to access the website because of, amongst other things, technical difficulties experienced by CMF, Donors or the Internet. CMF makes no warranty that the website will meet your requirements, or that it will be timely, secure or error free.
12.5 CMF shall not in any circumstances be liable 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 or your use of this website, or Goods purchased by you.
12.6 Without prejudice to any of the foregoing, you agree that CMF will only be liable 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 CMF.
13. Use of site content
13.1 All Intellectual Property Rights (“IPR”) in the appearance and design of the website and the materials and contents displayed on this website shall belong to CMF, except to the extent that all
IPR in any advertisements shall remain with the relevant Donors.
13.2 This website is for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or
sell any information obtained from this website. You may only download to your personal computer for viewing purposes and print out a number of pages of this website for your personal use.
14.1 CMF assumes no responsibility for the contents of any other websites to which this website has links. As such, CMF 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 CMF has no control. The inclusion of any hyperlinks to such
other websites does not mean that CMF endorses the material on which web sites or has any association with the owner thereof.
15. Data Protection
15.1 CMF complies with the provisions of the Data Protection Act 1998 in processing personal information. As such, your personal information will be held confidentially by CMF and will only be
used by CMF 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. 15.2 If necessary, CMF will cooperate with any investigation by any governmental body or any court or tribunal legitimately exercising rights and such co-operation may be without notice to you.
16.1 You shall not assign, transfer sub-license, mortgage charge or otherwise dispose of any of its rights, interests or obligations under this Agreement to any person or organisation.
17.1 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 any other circumstances or the validity or
enforcement of this Agreement.
18. Third Party Rights
18.1 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.
19.1 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 these terms and conditions must be filed within one
(1) year after such claim or cause of action arises or be forever barred.
20.1 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 website shall be deemed to be performed in England. Access to and participation by you in an Auction is confirmation that you have understood and
accepted the above Terms and Conditions.
Photo link: http://www.royalalberthall.com/tickets/proms/proms-2017/