91Èȱ¬

Ìý

Welcome to our Auction Terms and Conditions

ÌýPlease read all of these Terms and Conditions carefully. By continuing to access or participate in the Auction, you agree to be bound by them.

ÌýIf you do not accept these Terms and Conditions, you should not access or participate in our Auction.

1. British Broadcasting Corporation ('the 91Èȱ¬')

1.1 All proceeds of this Auction, conducted by 91Èȱ¬ Radio Ulster will be donated to 91Èȱ¬ Children In Need. The successful bidder will be asked to make immediate payment in accordance with Clause 6. Full details will be supplied to the bidder when the Auction is over. See clause 4.3 below.

1.2. 91Èȱ¬ staff and their relatives are excluded from taking part in this Auction.

2. Legal Capacity

2.1 Only individuals who can lawfully enter into and form contracts under applicable law may bid for and buy the Items. In all cases bidders must be at least 18 years of age. Those taking calls and bids will check each time that the bidder is 18 or over.

3. Legal status of bids

3.1 Each placement of a bid will constitute a legal offer which, on acceptance by the 91Èȱ¬, will form an agreement which will be binding on the bidder.

3.2 For the avoidance of doubt and as set out in clause 4.4 below, all bids will remain valid until payment for the Items has been received.

4. Bidding process

4.1 The winning bid in the Auction will be the highest bid which meets any conditions which may be applicable ('the Winning Bid').

4.2 If a bid is followed by a higher bid that is later removed by the 91Èȱ¬ for any reason, it will be open to the 91Èȱ¬ to accept the earlier bid, as though the higher bid had never been made.

4.3 If a bid is successful, the 91Èȱ¬ will notify the bidder by telephone at the earliest opportunity to confirm the amount of the Winning Bid, details of the Items, and to arrange payment and delivery.Ìý To assist in maintaining the integrity of the Auction the 91Èȱ¬ reserves the right to telephone bidders during the Auction in order to make standard checks.

4.4 If there is a problem with payment by the successful bidder of the amount of the Winning Bid, the 91Èȱ¬ reserves the right to offer the Items to the next highest bidder.

4.5 The 91Èȱ¬ reserves the right to refuse or remove bids in its absolute discretion.

4.6 The 91Èȱ¬ reserves the right to close the Auction early or to extend it at any time and at its discretion. The Auction may be cancelled or delayed because of, amongst other things, technical difficulties experienced by the 91Èȱ¬ or issues involving a donor of the Items (a ‘Donor’) (such as any decision by the Donor to remove its Items from the Auction).

4.7 Further to clause 4.6 above, if the Auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.

4.8 If there is a dispute between bidders, the 91Èȱ¬ is under no obligation to become involved in such a dispute. The 91Èȱ¬, its officers, employees and agents and the Donors are hereby released from any claims, demands or damages arising out of or in connection with any such disputes.

4.9 Programme presenters during the live 91Èȱ¬ Children in Need programmes will refer to the terms and conditions on the website at the opening of each Auction and at regular intervals throughout the programme.

4.10 The 91Èȱ¬ will inform listeners of the telephone charges that apply when bidding in the Auction. The Auction line number at [91Èȱ¬ Radio Ulster] is [03030805555]. Standard geographic charges from landlines and mobiles will apply.

4.11 Telephone Operators at [91Èȱ¬ Radio Ulster] will watch for possible hoaxes, and will refer any questionable calls to the Senior Programme Editor.

4.12 All Auction details, bidding progress, amounts, numbers etc will be retained for 12 months.

5.Items

5.1 The Items consist of donated packages and services from UK businesses and ‘experience packages donated by the 91Èȱ¬ and others and will be described with all relevant details on air during the Hugo Duncan programme. Any requirements listed in the description of the Items will form part of these Terms and Conditions.

5.2 Monies paid for the Items are non-refundable and the Items are non-exchangeable. Items comprising or including ‘experience packages’, are non-transferable, must not be resold, re-auctioned or transferred in any way.

5.3 Where any Item involves tickets to attend an event or any membership, the winning bidder is also expected to check any admission requirements from the venue or group and ensure that ticket holders meet such requirements.

5.4 [Bidders acknowledge that all information provided as a description of the Items is reproduced by the 91Èȱ¬ in good faith and is consistent with information supplied to the 91Èȱ¬. As such, the 91Èȱ¬ cannot be held responsible for inaccurate or misleading descriptions.

5.5 The 91Èȱ¬ shall have the right to substitute Items of a similar description and standard, if for any reason the relevant Items are not available or for any other substantial reason.Ìý In the event of such substitution before the close of the Auction, a bidder may withdraw a bid by notice to the 91Èȱ¬, such notice to be received before the close of bidding.Ìý In the event of a substitution after the close of the Auction the winning bidder shall have the right to decline the substitution within seven days and, where applicable, the right to a refund of monies paid.Ìý In the event that that the winning bidder does not accept the substitution the Item will be offered to the next highest bidder.

5.7 The winning bidder will be expected to take part in post-Auction publicity for the 91Èȱ¬ or 91Èȱ¬ Children in Need if required.

6. Payment

6.1 Payment must be in accordance with the payment details to be advised post-close to the winning bidder.

6.2 All monies must be received within fourteen days of the winning bidder receiving confirmation that the bid is the winning bid. Staff at [91Èȱ¬ Radio Ulster] will ensure all Auction Items are claimed or paid for within fourteen days of the Auction finishing. Neither the 91Èȱ¬ nor 91Èȱ¬ Children in Need can accept any liability for payments not received as a result of failures in the postal service or otherwise.

6.3 Unless otherwise agreed by the 91Èȱ¬, Items will not be released to you until payment has been received and cleared.

7. Currency

7.1 The Auction will be conducted in pounds Sterling.

7.2 Although the 91Èȱ¬ and 91Èȱ¬ Children in Need believes that it is exempt from paying VAT for the purposes of the Auctions, if this position should change, the amount of the Winning Bid shall be inclusive of any applicable VAT.

8. Liability

8.1 The 91Èȱ¬ endeavours to ensure that the information and other material on this website is correct and complete.Ìý However, it may be incorrect or incomplete due to human error or circumstances beyond the 91Èȱ¬â€™s control.

8.2 The 91Èȱ¬ will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.

8.3 Neither the 91Èȱ¬, nor 91Èȱ¬ Children In Need, shall be liable for any claims or losses of any nature arising directly or indirectly from your inability to access the website or Auction because of, amongst other things, technical difficulties experienced by the 91Èȱ¬, Donors or the telephone system or circumstances beyond the 91Èȱ¬ or 91Èȱ¬ Children in Need’s control.

8.4 Neither the 91Èȱ¬, nor 91Èȱ¬ Children In Need, shall, in any circumstances, be liable in contract or tort (including negligence and breach of statutory duty) for any loss you suffer in connection with this Agreement, website or Items purchased by you that is not foreseeable.Ìý Loss is foreseeable if it was an obvious consequence of the 91Èȱ¬ or 91Èȱ¬ Children in Need’s breach or if it was contemplated by you and the 91Èȱ¬ at the time we entered into this Agreement.

8.5 Without prejudice to any of the above, you agree that, if the 91Èȱ¬ is held to have any legal liability, the 91Èȱ¬ 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.

8.6 Nothing in this Agreement shall purport to exclude liability for death or personal injury where such has been caused by the negligence of the 91Èȱ¬ or any other liability which cannot be excluded or limited by law.

9. Data Protection

9.1 The winning bidder agrees that 91Èȱ¬ Children in Need or the 91Èȱ¬ may use its name and town or country of residence to announce the winner of this auction.

9.2 The 91Èȱ¬ complies with the provisions of the Data Protection Act 1998 in processing personal information. As such, your personal information will be held confidentially by the 91Èȱ¬ and will only be used by the 91Èȱ¬ 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.Ìý 91Èȱ¬ Children in Need may use your information to take payment, process refunds or deal with any queries relating to the auction.

9.3 If necessary, the 91Èȱ¬ will co-operate 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.

10. Severability

10.1 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.

11. Third Party Rights

11.1 Nothing under this Agreement shall give rights to any person who is not a party to it.

12. Jurisdiction

12.1 As far as is legally possible, all aspects of this Agreement shall be governed by English law and the 91Èȱ¬ and you agree to the non-exclusive jurisdiction of the English courts. In some circumstances the laws where you are domiciled may apply and the courts where you are domiciled may have jurisdiction.

Ìý

Ìý

Ìý