Online Charity Auction powered by mycharitywins.com part of the DES Media Group
ADDITIONAL TERMS AND CONDITIONS – ONLINE AUCTION IN AID OF CUMBRIA COMMUNITY FOUNDATION, SPECIFICALLY THE CUMBRIAN FLOOD RECOVERY FUND (Reg. charity number 3713328) ("the Auction")
These Additional Terms and Conditions govern your use of this online auction website found at www.auction.bambinogoodies.co.uk (“Website”) run by Caroline Molesworth, Bambino Goodies and Natalie Lue (trading as Naughty Girl Media) (“We” or “Us”). By accessing or using this website you agree to be legally bound by these Terms and Conditions.We reserve the right to change these Terms and Conditions at any time. Amendments will take effect when posted on the Website. Your continued use of the Services after any amendments to the Terms and Conditions shall be deemed to constitute your binding acceptance of such amendments. We also reserve the right to modify or withdraw this Website (or any part) at any time without notice.
We do not have any involvement in any transaction between you and the entities providing the goods on which you are bidding (“Donated Goods”) (the identity of such entity being made clear in each auction posting) (“Donating Entity”) except where we (or one of us) are clearly stated in the auction posting as donating the relevant Donated Goods to which that auction posting relates. Our role is one of a facilitator to provide you with the opportunity to participate in the auction. Neither one of us is a direct or indirect party to the contract of purchase and sale between you and the Donating Entity.
As such, neither one of us (to the fullest extent permitted by law) makes any warranty, undertaking or representation (whether express or implied) as to the quality, fitness for purpose, description, size, description, safety, delivery or any other matter relating to the Donated Goods and we accept no liability whatsoever for any damages, lost profits or any other loss suffered by a bidder as a result of participating in this online auction, including as a result of any malfunction of this Website.
The Auction is open from 12:00 hours on 30 November 2009 until 18:00 hours on 06 December 2009 ("the Auction Period"). During the Auction Period you may bid for any item for which bids are invited. We may withdraw an item from the Auction at any time before the expiry of the Auction Period. Bids may only be submitted online in accordance with the how to Bid section of the site. All bidders must be capable of forming legally binding relations under applicable law. Therefore you must not participate in this Online Auction if you are under the age of 18 years old or are otherwise incapable of, entering into binding legal contracts.
Acceptance of Auction Bid
All Donated Goods are subject to availability and an auction bid will not constitute an agreement on the part of us or the Donating Entity to sell goods to you unless and until it is accepted by us. You will be notified of our acceptance as soon as reasonably possible after the expiry of the Auction Period. Where the Site has placed an item in the auction at a reserve price and no bids equal to or in excess of such price are received, shall not be obligated to accept any bid in relation to that item.Title to any goods in respect of which the Site has accepted a bid will pass on receipt of payment from the successful bidder. For the avoidance of doubt, any intellectual property rights relating to the goods (e.g. trademarks, copyrights) are reserved to the owners of such rights and save only to the extent that such rights are expressly granted, continue to be so reserved notwithstanding any transfer of title to the item in which such rights subsist or to which such rights are attached.
Delivery
We will notify you in the confirmation of your winning bid of the approximate date of delivery of the goods which will be made to the address shown in your registration. Unless we are notified by email or otherwise in writing within 7 days of the date of delivery of the goods they will be deemed to have been received by you undamaged and in good order. The Donating Entity shall be solely responsible for the delivery of the relevant Donated Goods.Quality
The Donating Entity will give you the warranty that all the goods will, in all material respects, comply with the description given of them on the Site. Except for the foregoing warranty, all other warranties, terms or conditions are disclaimed by the Donating Entity to the fullest extent permitted by law.General Provision
We have full discretion to refuse to accept your bid or withdraw any lot for whatever reason at any time. We also reserve the right to cancel or stop an auction at any time If any provision of these Additional Terms shall become illegal or unenforceable for any reason whatsoever then these Additional Terms shall take effect as if such provision had been omitted and the remainder of them and your use of the Site, including your participation in the Online Auction and any contract formed between you and the Site pursuant to such Auction are governed by English law and you submit to the non exclusive jurisdiction of the English courts. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.Notices
All notices shall be given to us:• By e-mail to cumbriafloodauction@googlemail.com
And to you at either the e-mail or the postal address you provided on your registration form. Notice will be deemed received when an e-mail is received in full (or on the next business day if it is received on a weekend or during a public holiday) or 3 business days after the date of posting if to or from an address in the UK, or 7 business days after the date of posting if to or from and address outside of the UK.