Auction terms and conditions
By bidding on any auction lot, and/or registering to participate in the auction, you are bound by these auction terms and conditions, which form a contract between you and Make-A-Wish® UK. References in these terms to an auction include reference to an auction conducted by (a) an auctioneer with bidders present in the room with the auctioneer and (b) way of an online auction (sometimes referred to as a silent auction) (silent auction) where bidders place bids by electronic means such as an iPad. MAW will keep a copy of these terms and these terms will be available to you on request; in addition you will be able to store and reproduce these terms. The language to be used for the conclusion of the contract formed by these terms is English.
2 The auction is being run by Make-A-Wish Foundation UK (company number 02031836, registered charity number 295672 (England & Wales) and charity number SC037479 (Scotland) (Make-A-Wish® UK). In relation to Make-A-Wish® UK:
a. its address is Seventh Floor, Thames Tower, Station Road, Reading, Berkshire, RG1 1LX. Its telephone number is 0276 40 50 60 and its email address is info@makeawish.org.uk;
b. Make-A-Wish® UK is regulated by the Charities Commission and the rules of the Fundraising Regulator apply to Make-A-Wish® UK. The rules of the Charities Commission and the Fundraising Regulator are available on https://www.gov.uk/government/organisations/charity-commission and https://www.fundraisingregulator.org.uk/.
3. All proceeds raised from the event will be spent to help grant magical wishes for critically ill children in the UK.
4. Bidders must be 18 years of age or older.
5. When you place a bid you enter into a contractually binding obligation to complete the purchase of the lot concerned (and pay the full amount of the highest amount you bid) if you are the winning bidder of that lot. The winning bidder in the live auction is the person deemed to be the highest bidder by the auctioneer at the end of the auction and the auctioneer’s decision is final. The winning bidder in the silent auction is the person whose bid is the highest when the silent auction closes and Make-A-Wish® UK’s decision shall be final.
6. If Make-A-Wish® UK receives bids of an identical amount for a particular lot and these bids are the highest for the lot at the auction, the lot will be sold to the bidder whose bid was received first, as determined by the auctioneer, whose decision is final.
7. Unless specifically stated otherwise in the Description (see clause 15), the winner is responsible for all arrangements and costs in connection with their lot, including (a) arranging delivery, (b) costs of delivery, insurance in transit, travel insurance, travel, subsistence and accommodation and (c) all relevant documentation, including passports, immunisations and visas. If a lot relates to physical experience, bidders must ensure that they are sufficiently fit and healthy to participate. Bidders are advised to check with their GP to ensure that this is the case.
8. Winning bidders must pay the amount due for their lot after the event by credit and debit card, BACS transfer or cheque. Make-A-Wish® UK must receive the amount due within 4 weeks of the date of the event. In the event that Make-A-Wish® UK does not receive the full amount by this date, it may (without prejudice to any other right or remedy available to it) deal with that lot in any way it chooses (including re-auctioning or otherwise selling or disposing of the lot). If Make-A-Wish® UK decide to dispose of the lot, then (a) the winning bidder’s right to acquire the same shall cease and (b) Make-A-Wish® UK shall not have any liability to the winning bidder, save that if the winning bidder has paid in part for the lot then Make-A-Wish® UK will refund the amount paid by the bidder concerned to Make-A-Wish® UK in respect of the winning bid.
9. No tax relief is applicable to any auction item. Winners are unable to pay for their lots via CAF America.
10.Legal and beneficial ownership in the lot will only pass to the winning bidder once full payment has been received by Make-A-Wish® UK in cleared funds. Risk in the lot will remain with Make-A-Wish® UK until delivered to the winning bidder or someone authorised by the winning bidder to take possession of the lot concerned.
11.The winning bidder is not entitled to take possession of (and/or have any benefit of) the lot until full payment has been received by Make-A-Wish® UK in cleared funds. Once such payment has been made, the winning bidder will be entitled to make arrangements for delivery and fulfilment as referred to in clause 7 (in the case of collection from Make-A-Wish® UK, at Make-A-Wish® UK’s convenience).
12. Any physical items not collected by or delivered to a winning bidder within 6 months of the event date will be deemed unwanted, abandoned and no longer be available (unless this was due to the fault of Make-A-Wish® UK). In addition, the following will apply:
a. if ownership of the lot has passed to the winning bidder such ownership will be deemed to have been transferred back to Make-A-Wish® UK. This applies whether or not the winning bidder has paid in whole or in part for the lot.
b. Make-A-Wish® UK may deal with the relevant lot in any way it chooses (including re-auctioning and/or otherwise selling or disposing of the lot) and Make-A-Wish® UK can retain all proceeds of any such re-auction, sale or other disposal;
c. winning bidders will not be able to reclaim any amount paid in respect of the relevant lot (including any amount paid to Make-A-Wish® UK and/or costs as referred to in clause 7).
13. In some cases a lot may have an expiry date or other date on or by which the lot must be used, for example in the case of experiences, holidays, tickets to an event, tickets for dinner and the like. Such lots must be used by the relevant date and such dates cannot be extended or altered. Lots not used by any such date cannot be used thereafter. Relevant dates will be stated in the Description of the lot concerned; see clause 15.
14. It is the responsibility of all bidders to ensure that, should they be the winning bidder, they comply with all applicable laws in carrying out, and have the necessary permissions or authorisations to carry out, any activities to which the lot relates, including appropriate identification, passports, travel visas and so on.
15. Descriptions of each lot and any requirements or conditions applicable to any lot (including any conditions imposed by the donor of any lot (the Donor)), will be made available to the bidder by way of details contained in a brochure (which may be hard copy and/or on-line) or otherwise notified to the bidder in writing. In addition, in the case of an auction conducted in person by an auctioneer, the auctioneer may also give such details. All the foregoing are Descriptions. In relation to Descriptions and subject to clause 16:
a. Make-A-Wish® UK will use its reasonable endeavours to ensure that each Description fairly represents the lot concerned;
b. to the extent that a lot is available for inspection at the event, that lot is sold as seen and subject to all defects reasonably apparent on inspection (whether or not inspected). In addition, bidders must satisfy themselves as to the state and condition of the lot concerned and as to whether the lot accords with its Description.
16. In relation to lots:
a. Make-A-Wish® UK is under a legal duty to supply lots that are in accordance with this contract;
b. Make-A-Wish® UK shall not have any liability to the extent that any lot is not in accordance with its Description unless that discrepancy is material and as a consequence the bidder would not in all the circumstances be getting what he bid for. If that is the case, then Make-A-Wish® UK will (at its discretion) either (i) replace the lot concerned with an item which does accord with the Description or (ii) release the bidder from his obligation to pay for the lot concerned and refund the amount (if any) paid by the bidder concerned to Make-A-Wish® UK in respect of the winning bid (in the case of a refund, Make-A-Wish® UK will also refund amounts reasonably paid by the winning bidder under clause 7); in the case of (ii) if ownership of the lot has passed to the winning bidder such ownership will be deemed to have been transferred back to Make-A-Wish® UK. Make-A-Wish® UK shall not have any other liability;
c. in the case of lots which are (i) not in the possession or control of Make-A-Wish® UK and/or (ii) not physical items for example experiences, holidays, tickets to an event, tickets for dinner and the like (Experiences), Make-A-Wish® UK will (subject to clause 16.d) use its reasonable endeavours to ensure that the lot concerned will be delivered by the Donor of the lot concerned. Make-A-Wish® UK will not in any circumstances be responsible for delivering the Experience concerned;
d. if Make-A-Wish® UK and/or the Donor, fail to make a lot available to the winning bidder and that failure is not as a result of any act or omission of the bidder, for example failing to comply with clauses 5, 7, 8, 13 and/or any failure of the bidder concerned to comply with the requirements or conditions applicable to the lot concerned, then Make-A-Wish® UK’s only liability shall be to refund the amount (if any) paid by the bidder concerned to Make-A-Wish® UK in respect of the winning bid and any amounts reasonably paid by the winning bidder under clause 7. Make-A-Wish® UK shall not be liable to supply the lot concerned and shall not have any other liability.
17. Make-A-Wish® UK’s and the auctioneer’s decision as to who is the winning bidder of a lot is final and binding.
18. All lots are subject to availability and may be replaced (with a like lot) or withdrawn at any time before bidding closes. In addition new lots may be introduced at any time before bidding closes.
19. Make-A-Wish® UK will not be liable for any circumstances that prevent a lot being taken up by the bidder (and which are not due to a breach of these terms by Make-A-Wish® UK). Make-A-Wish® UK shall not have any liability if for some reason a bidder is unable to place a bid (for example if the bidding system is not available or has otherwise failed)
20. Make-A-Wish® UK does not exclude or limit liability for (i) death or personal injury caused by Make-A-Wish® UK’s negligence, (ii) fraud or fraudulent misrepresentation or (iii) for any other matter to the extent it would be unlawful for Make-A-Wish® UK to exclude its liability. Subject to that and subject to clause 15, (i) Make-A-Wish® UK excludes all warranties implied by statute or common law to the fullest extent permitted by law, provided that Make-A-Wish® UK does not exclude any warranties as to title, (ii) Make-A-Wish® UK shall not have any liability to a bidder in contract, tort (including negligence), breach of statutory duty, or otherwise, for any direct and/or indirect loss, damage, costs, claims or expenses arising as a result of participation in the auction and/or in connection with any lot and/or the fulfillment of any lot and (iii) if and to the extent (ii) is not enforceable, Make-A-Wish® UK’s total liability to the bidder for all amounts referred to in (ii) shall be limited to the amount (if any) paid by the bidder concerned to Make-A-Wish® UK in respect of the lot concerned and any amounts reasonably paid by the winning bidder under clause 7).
21. Subject to clause 15, Make-A-Wish® UK does not accept any liability as to the authenticity and/or accuracy of any certificates of authenticity.
22. Cancellation right. Bidders have the right to cancel any contract entered into for the purchase of lots; see the schedule to these terms.
23. By providing personal information to Make-A-Wish® UK, bidders agree to it being used for the purpose of administrating the auction and being shared with Make-A-Wish® UK‘s agents and lot providers, to enable delivery of the prize, in each case in accordance with Make-A-Wish® UK’s data protection policy, a copy of which has been made available to bidders.
24. Any phrase introduced by the terms including, include, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words that precede it.
25. Make-A-Wish® UK has a complaints handling policy; a copy will be provided to bidders on request.
26. This contract will remain in place indefinitely, in order for all matters to which it relates to be dealt with. If a bidder and/or Make-A-Wish® UK is in material breach of this contract which is not remedied within 30 days of a written notice (sent by a bidder or Make-A-ish® UK to the other of them) identifying the breach (with reasonable particulars) and requiring its remedy, then the party who has served such notice can terminate this contract by written notice to the other (and without prejudice to any accrued rights and/or liabilities (for example payment of any amount)).
27. This contract and any disputes or claims relating to this contract (and/or its formation) shall be governed by the laws of England & Wales and the courts of England & Wales shall have exclusive jurisdiction.
28. In the case of a dispute between the Donor and a bidder, the parties may request Make-A-Wish® UK to determine the dispute. Make-A-Wish® UK, in its sole discretion, may:
a. Provide a resolution to the parties; or
b. Refer the dispute to an appropriate, independent party for resolution (such party to be agreed upon by the bidder and the lot provider); or
c. Refuse the request on the grounds that the dispute is beyond Make-A-Wish® UK‘s remit.
Schedule Cancellation Rights
1. Cancellation right. Bidders have the right to cancel any contract entered into for the purchase of lots. The cancellation period starts when the contract is entered into (ie when bidding has closed on the lot concerned) and ends:
a. 14 days after the day on which the lot concerned comes into the physical possession of the winning bidder (or a person authorised by the winning bidder to take possession of the lot (and who is not a carrier));
b. If the lot concerned relates to multiple items and not all items are delivered on the same day, then 14 days after the day on which the last of such items (which form the lot concerned) comes into the physical possession of the winning bidder (or a person authorised by the winning bidder to take possession of the lot (and who is not a carrier)).
29. To exercise the right to cancel, the winning bidder must inform Make-A-Wish® UK of his decision to cancel by a clear statement (eg a letter sent by post or email). The winning bidder may use the cancellation form set out below, but this is not obligatory. To meet the cancellation deadline, it is sufficient for the winning bidder to send a communication exercising the right to cancel before the cancellation period has expired.
30. There is no cancellation right in relation to certain items, as follows:
a. if the lot consists of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery;
b. if the lot consists of the supply of sealed audio or sealed video recordings or sealed computer software, if the lot becomes unsealed after delivery;
c. if the lot becomes mixed inseparably (according to its nature) with other items after delivery.
4. If a winning bidder cancels:
a. Make-A-Wish® UK must reimburse any payments in relation to the lot concerned, made by the winning bidder to Make-A-Wish® UK;
b. Make-A-Wish® UK must also reimburse any payments made by the winning bidder to Make-A-Wish® UK in respect of delivery of the lot concerned, save to the extent that the winning bidder chose a delivery method that was more costly than Make-A-Wish® UK’s standard delivery method (in which case Make-A-Wish® UK will only reimburse an amount up to the amount of its standard delivery option);
c. Make-A-Wish® UK may make a deduction from any reimbursement to be made by Make-A-Wish® UK for loss in value of any lot, if the loss is the result of any handling by the winning bidder which exceeds that necessary to establish the nature, characteristics and functioning of the lot concerned;
5. Make-A-Wish® UK must make reimbursement without undue delay, and not later than:
a. 14 days after the day Make-A-Wish® UK receives the lot back from the winning bidder;
b. if earlier, 14 days after the day the winning bidder provides evidence that he has returned the lot concerned;
c. if the lot was not supplied to the winning bidder, 14 days after the date Make-A-Wish® UK was informed about the cancellation.
6. Make-A-Wish® UK will make the reimbursement using the same means of payment as used by the winning bidder to make payment to Make-A-Wish® UK, unless otherwise agreed by the winning bidder. In any event, the winning bidder will not incur any fees as a result of the reimbursement.
7. The winning bidder must return the lot concerned to Make-A-Wish® UK (at Seventh Floor, Thames Tower, Station Road, Reading, Berkshire, RG1 1LX), without undue delay and in any case no later than 14 days after the date the winning bidder sends his notice of cancellation to Make-A-Wish® UK. This deadline is met if the winning bidder sends the lot concerned back to Make-A-Wish® UK before the period of 14 days has expired.
8. The winning bidder must bear the direct cost of returning the lot to Make-A-Wish® UK
9. That, if the consumer exercises the right to cancel, the consumer is to be liable to pay the trader reasonable costs.
Donations over £120 will receive one of two limited edition prints, subject to availability. The prints are "Ribbons of Love" and "Peacock". Prints will be shipped week commencing 10 June 2024.
