Merry Little Christmas 2023 - T&Cs

Merry Little Christmas 2023 - T&Cs

Terms and Conditions

These Terms and Conditions are applicable to any use by you of the online auction (“Auction”) and bidding facility (the “Bidding Facility”) hosted by Charity Stars on behalf of the NSPCC (the "Charity") for Childline’s Merry Little Christmas (the “Event”).  Your support is greatly appreciated. This document, together with our Privacy Policy our Cookies Policy, Terms of Use as well as Charity Star’s Privacy Policy contains the terms and conditions governing your use of the Bidding Facility and participation in the Auction, you agree to be bound by these terms.  Use of the Bidding Facility and/or your participation in the Auction constitutes acceptance of these Terms & Conditions. If you do not agree to be bound by these Terms and Conditions, you may not use the Bidding Facility and/or participate in the Auction.

 

1. Auction

1. The online auction operated on the site is for the benefit of the Charity for whom the Auction is being run.

2. A number of Items offered for sale on the site are subject to a reserve. All monies paid by a winning bidder and above the reserve price will be donated to the Charities.

3. Bidders may bid for more than one Item in the Auction.

4. The winning bidder on each Item offered for sale in the course of the Auction will be the person who has submitted the highest bid at the deadline and is in excess of any reserve.

 

2. Eligible Bidders

1. All bidders must be capable of forming legally binding relations under applicable law. The Bidding Facility may not be used by individuals under the age of 18 years old and by any other persons who are legally prohibited from, or otherwise incapable of, entering into binding contracts.

2. Any bidder using the Bidding Facility is warranting by so doing that they are legally entitled to do so.

3. As bidder you agree that we can process your personal data for the purpose and specifically for this Auction.

4. We do not and will not store your credit or debit card details beyond Charity Stars taking payment during this auction should your bid be successful. Please note that in regard to an auction, if you win an auction you will immediately be charged the full amount of your winning bid, up to £5,000. If the winning bid is greater than £5,000, Charity Stars will contact you at the email you have provided to them at registration to confirm that you want your winning bid amount to be charged to the payment method that you have provided to them, or whether you want to provide them with an alternative payment method. If you do not respond to their email within 48 hours, they will charge the winning bid amount to the original designated payment method provided to them. If there is a problem collecting the payment from the winning bidder, CharityStars will contact the winning bidder, who will be given three (3) business days to resolve any issues and complete the payment. If CharityStars is unable to secure full payment, CharityStars may contact the second highest bidder to purchase the auction item at their final bid amount. If the second highest bidder declines to purchase the auction item, CharityStars may, in its discretion, re-post the auction item in a future auction. In all cases, an auction prize will not be awarded unless, and until, the full amount of the winning bid is successfully processed.

Payments will be taken via Stripe and details held in accordance with Stripe’s retention policy. Please contact Charity Stars directly if you would like your credit card details to be manually removed.

 

3. Bidding 

1. Bidders wishing to bid on an Item may make a bid for an Item through the Bidding Facility.

2. All Items offered in an Auction are listed and offered for sale on an "as is" basis. Bidders are advised to conduct any research or due diligence on an Item prior to making a bid.

3. A bid made by a bidder is an offer to purchase the Item listed at the stated bid price. Any bidder making a bid for an Item acknowledges and agrees that their offer is an irrevocable offer to complete the transaction if they are the winning bidder whereupon the bid will become a contractually binding obligation to purchase the Item at the bid price.

4. If a bidder bids on an Item and that bid represents the winning bid for that Item and the winning bid is above or equal to the reserve, the bidder's bid is deemed accepted.

5. The 'winning bidder' is the person certified by the Charity at the end of the Auction to be the highest bidder, provided that their bid meets the reserve. The winning bidder may include any under-bidder who is awarded the Item following the failure of a higher bid for any reason.

 

4. Item Descriptions

1. Items for sale in the Auction are listed on the site with a description and a minimum bid.

2. The Charity will, wherever possible, provide a representational image of the Item offered for sale in the Auction but shall have no liability if it does not do so.

3. All Images are subject to copyright of the artist.

4. Whilst the Charity strives to ensure that descriptions and photographs are accurate, complete and up-to-date, it does not guarantee that this is the case, and will not be responsible for any damage or loss caused due to a bidder by reason of a description of an Item being inaccurate, incomplete or for the Item being otherwise in any way different to the bidder's expectation.

5. Descriptions of Items are provided without a warranty of any kind. In no event shall the Charity (including its employees, affiliates and volunteers) be liable for any claim, demand or damages arising out of or in any way connected with the use by the bidder of the site, the Auction or the Bidding Facility or their purchase of an Item.

 

5. Bidding Deadlines

1. Deadlines for receipt of bids made for an Item offered in the Auction are at the sole discretion of the Charity and will not be extended under any circumstances. No bids will be accepted on an Item after the deadline.

2. After the Auction closes the Charity will contact the winning bidder to inform the bidder that their bid was the highest and that they are, therefore, the winning bidder.

6. Gift Aid

1. By agreeing to Gift Aid, the bidder is confirming that they are a UK taxpayer and understand that if they pay less Income Tax and/or Capital Gains Tax in the current tax year than the amount of Gift Aid claimed on all their donations it is their responsibility to pay any difference. The bidder understands that other taxes such as VAT and Council Tax do not qualify. The bidder understands that Gift Aid is reclaimed by the charity from the tax they pay for the current tax year.

2. Gift Aid on lot items is only applicable in a limited number of situations; the Charity will claim wherever possible; for more info see http://www.hmrc.gov.uk/charities/gift_aid/rules/auctions.htm.

 

7. Use of Personal Data

You will be required to provide personal data as part of the bidding/auction process (please note the information described in paragraph 2 above in relation to the provision of payment card details when placing a bid).  NSPCC and/or Charity Stars will process all personal data in accordance with the Data Protection Act 2018.  If your contact details change, please notify the NSPCC’s [email protected] to ensure that you continue to receive information relating to the Event and the Auction.   Your personal data will be handled in accordance with our Privacy Policy [Privacy Policy,] and Charity Star’s Privacy Policy. 
2. We would also like to keep you informed about the NSPCC’s work, how your support has helped children and how you can be involved in the future.  If you do not want to receive communications from us by post or telephone, please contact [email protected]

 

8. Applicable Law

1. This Agreement between you the bidder and the Charity shall be interpreted and construed in all respects in accordance with English law and any dispute arising in relation to any aspect of the use of the Auction, the Bidding System, bids made by a bidder in the course of an Auction, any Item, payment delivery or any other matter relating to the Auction shall be subject to the exclusive jurisdiction of the English courts to which the parties hereby irrevocably submit.

 

9. Variation of Terms

1. These Terms and Conditions may be revised and updated by the Charity from time to time without notice. Bidders who have previously bid in the Charity Auction are accordingly advised to familiarise themselves with the prevailing edition of these Terms and Conditions when deciding to participate in an Auction. Notwithstanding the foregoing the edition of the Terms and Conditions that was current at the time an Auction commenced will continue to apply throughout that Auction and to all Items sold pursuant to it even if later edition of the Terms and Conditions is implemented before the Auction is completed.

 

10. Third Party Rights

1. No person who is not a party to an Agreement shall have any right pursuant to the terms of the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such Agreement.