Christmas auction general terms and conditions
Monday 12 December 2011
Please note you submit your bid on the condition that you have read 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.
The starting price of every lot is £100. Although we try to agree date and venue of lots with winning bidders wherever possible, the final decision is ours. Unless specified, travel, accommodation and other incidental expenses are not included in any lot. Please see full auction terms and conditions below before bidding. The auction closes at noon on 22 December. All bids are binding. The Editor's decision is final.
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 except where some other age is given or implied in the wording of the lot. Lots can be taken by winners anywhere in mainland Britain except where any other geographical location or limitation is stated in relation to the lot.
3. When you place a bid you thereby enter a contractually binding and irrevocable obligation 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, and it includes any under-bidder who is awarded the lot following the failure for any reason of a higher bid as decreed by the Editor. 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.The decision of the Editor as to the winning bid or otherwise, together with any exercise of his discretion hereunder, is final and cannot be challenged, nor will any explanation or reason be given.
5.You are not able to retract any bid under any circumstances after it has been submitted.
6.Before you place any bid you must ensure that you are able to bid for and to buy that particular lot in compliance with the law and in accordance with these and any specifically applicable terms and conditions. It is the responsibility of all bidders to ensure that, if theirs is the winning bid, they meet any qualification required to be the winner of any particular lot, that they have the necessary permissions/authorisations and meet the conditions required to carry out the activity specified in the bid, including (by way of example, not limitation) appropriate identification, clean driving licence, minimum age qualification, security clearance, and so on.
7. If you want to know what qualification is required for the winner of any lot you should email firstname.lastname@example.org. 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.
8. Except insofar as any head of expense or cost is expressly included in the description of the lot as being provided to the winning bidder as part of the lot, the winner is responsible for making all arrangements and meeting all costs out of their own pocket that may be necessary to take up and enjoy their lot including, but not limited to costs of travel, accommodation, food and other incidentals, the costs of providing a venue for those lots where a lecture or talk is being provided for the winning bidder, travel insurance, medical checks and/or innoculations and obtaining any other necessary documentation including passports and visas.
9. Lots will lapse, and not be claimable, unless they have been fully taken by the end of 31 December 2012. No cash alternative will be offered and Independent Print Limited (IPL)/Independent Digital News & Media Limited (IDNML) accepts no liability should a lot, for any reason whatsoever, not have been taken within this time period.
10. If you wish to give a lot as a gift, specific approval must be obtained from the Editor, via email@example.com, in advance of bidding. Unless otherwise specifically agreed by the Editor, a lot cannot be transferred as a gift and can only be enjoyed by the winning bidder, within mainland Britain or as otherwise specified.
11. Names (initial and surnames only) of winning bidders will be published in The Independent and on the website on Friday 23 December, 2011. 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 any request for anonymity has been specifically requested from and agreed by the Editor at his sole discretion.
12. Winning bidders will be sent a letter or an email setting out the details for claiming their lot which will include requirements relating to the due payment of the bid fee and other matters. Failure to comply with all such requirements shall entitle but not oblige the Editor to declare a bid void, and if he does so the lot affected will be awarded to the appropriate under-bidder at the Editor to declare a bid void, and if he does so the lot affected will be awarded to the appropriate under-bidder at the Editor's discretion. If he does not declare the bid void then the winning bidder shall remain liable for payment of the bid fee.
13. It shall be the responsibility of the winning bidder to come to agreement with the person specified in the lot as participating or offering the lot, that is the appropriate employee or columnist of The Independent, over arrangements for the fulfilment of the lot. All the aspects of the fulfilment of lots are subject to such agreement being reached over all relevant matters which may include the date such lot is to be made available, the identity of the performance, venue or event to be attended, and subject to all general and specific conditions which apply to each lot.
14. Employees and regular contributors of IPL/IDNML, and members of their immediate family / households, are not eligible to bid or to take the benefit of a bid.
15. To the extent permitted by law, IPL/IDNML 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 or fulfillment of any lot.
16. 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 and no correspondence will be entered into. The Editor may authorise a representative to undertake any or all of his functions under these terms.
17. Unless the entrant specifically requests the contrary by e-mailing firstname.lastname@example.org to this effect, IPL/IDNML 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.
18. In relation to all lots, the winning bidder warrants that the material supplied to us will contain nothing defamatory or in breach of anyone's rights and will indemnify IPL/IDNML for any breach of this warranty.
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