Terms and conditions
Published: 05 December 2006
How to enter
Send a postcard with your name, address, telephone number and e-mail address,
the number of the Lot for which you are bidding plus the size of your bid, to:
Mosso CHARITY AUCTION, . Or follow one of the links on the auction page and bid
online.
The auction closes at noon on Thursday, 21 December 2006. Each lot carries a
minimum reserve price of 50. All bids are binding. The Editor's decision is
final.
Please note you submit your bid on the condition that you have read, understood
and accepted all the terms and conditions below, including Term and Condition 10
below that no lot may be transferred by the winner to any other person as a gift
or otherwise, unless specifically agreed by the Editor.
Please note the specific conditions applying to the Lots listed below.
General Terms and conditions
1. By bidding for any lot you agree to be bound by these terms and conditions.
2. The auction is open to UK residents aged 18 or over.
3. When you place a bid you thereby enter a contractually binding obligation,
with irrevocable effect, to complete the transaction if you are the winning
bidder of that lot. The 'winning bidder' is the person certified to be the
highest bidder by the Editor at the end of the auction, provided that their bid
meets the reserve, and it includes any under-bidder who is awarded the lot
following the failure for any reason of a higher bid. If there are two or more
bidders with equal claims to be the winning bidder, the Editor shall select one
by drawing names out of a hat.
4. All payments must be made by cheque payable to "Independent Christmas
Appeal". No other method of payment will be accepted, including, but not limited
to, any credit card, CAF Charity Card/Voucher/Cheque or any other similar
charity account payment.
5.The Editor's decision in all respects as to the winning bid is final and
cannot be challenged, nor will any explanation or reason be given.
6.You are not able to retract any bid under any circumstances after it has been
submitted to us.
7.Before you place any bid you must ensure that you are legally able to bid for
and to buy that particular lot. It is the responsibility of all 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 bid,
including (by way of example, not limitation) appropriate indentification, clean
driving licence and minimum age qualification, security clearance, and so on.
8. If you want to know what qualification is required for the winner of any lot
you should email d.thompson@independent.co.uk. If you are the highest bidder,
but in the sole and unfettered judgment of the Editor you do not meet any such
qualification, then the Editor shall be entitled without challenge or complaint
to award the lot to the next highest bidder who does meet the qualification.
Unless specifically stated otherwise, the winner is responsible for all
arrangements and costs required to take up the fulfilment of their lot,
including, but not limited to, travel and accommodation costs, travel insurance
and any other necessary documentation, including passports and visas.
9. Lots will lapse, and not be claimable, unless fulfilled within 2006. No cash
alternative will be offered.
10. If you wish to give a lot as a gift, including if you intend the lot to be
enjoyed by a minor who is not authorised to bid themselves, specific approval
must be obtained from the Editor, via d.thompson @independent.co.uk, in advance
of bidding, except if it is obviously clear that the Lot must be enjoyed by a
minor. Unless otherwise specifically agreed by the Editor, a lot can not be
transferred as a gift and can only be enjoyed by the winning bidder within the
UK or as otherwise specified.
11. Names of winning bidders will be published in The Independent and on the
website on Saturday, 23 December, 2006. By bidding for any lot, you agree that
should you be a winning bidder your name can be used for publicity purposes
associated with the auction, unless your request for anonymity is specifically
agreed by the Editor.
12. Winning bidders will be sent a letter setting out the details for claiming
their lot which will include requirements relating to the due payment of the bid
fee. Failure to comply with these requirements shall render a bid void, and the
lot so affected will be awarded to the appropriate under-bidder at the Editor's
discretion.
13. It shall be the responsibility of the winning bidder to come to agreement
with the appropriate member of The Independent's staff or columnist over
arrangements for the fulfilment of their lot. All the aspects of the fulfillment
of the bids are subject to such agreement being reached and to availability and
subject to the specific conditions with may apply to the Lots listed below.
14. Winning bidders cannot claim any cash or other alternative to the lot they
have won, and unless otherwise specifically agreed by the Editor they cannot
transfer the lot to any other person.
15. Employees or regular contributors of INM, and members of their immediate
family / households, are not eligible to bid or to take the benefit of a bid.
16. INM will not be liable for any circumstances beyond its reasonable control
that prevent a lot being taken up by a winning bidder. To the extent permitted
by law, INM does not accept any liability for any loss, damage, claim or costs
howsoever arising from or incurred wholly or partly by participation in the
auction.
17. No correspondence will be entered into. The decision of the Editor shall be
final and unchallengable and in his absolute discretion he may declare any entry
void. Any exercise of discretion, or agreement, by the Editor specified in these
Terms and Conditions shall be in his sole and unfettered discretion, and no
reasons can be requested or will be supplied.
18. Unless the entrant specifically requests the contrary by e-mailing
d.thompson@independent.co.uk, INM will hold their personal details on its own or
a duly authorised agent's registered database for the purposes of contacting you
by e-mail, SMS, telephone or other means to offer you commercial opportunities
that may be of interest to you. From time to time other carefully selected
organisations may be licensed by us to use that data to similar purposes.
19. All individual data will be treated in accordance with our Privacy Policy.
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