Terms and conditions for silent auction in aid of Macmillan Cancer Support at the Macmillan Charity Raceday on 15 June 2024
1. By bidding on a lot, you agree to be bound by these terms and conditions.
2. Your bid shall be non-revocable, and any bid indicates that you intend to buy the lot “as is”. You accept that it is your responsibility to carry out checks on the lot(s) which you may be interested in. Statements and images regarding the condition of the lot are for guidance only and should not be relied on as statements of fact and do not constitute a representation, warranty, or assumption of liability by Macmillan.
3. You may make more than one bid per lot and may bid for more than one lot. You acknowledge that any bid will constitute a legal offer to purchase the lot at the amount indicated which, on acceptance by Macmillan, will form a legal agreement to purchase the lot which will be binding on you as the winning bidder.
4. For a bid to be valid, you must be over 18 years old and legally able to bid on the lot. You may be asked to provide identification as proof of age when submitting your bid.
5. When you bid on a lot(s), you represent to Macmillan that your bid(s) on any lot is consistent with applicable law in the United Kingdom and that you have no knowledge or reason to suspect that the funds used to purchase the lot are connected with criminal activity (including money laundering, or any act in violation of anti-bribery or anti-corruption laws).
6. Lots may not be transferred by the winning bidder to any other person and there are no cash alternatives.
7. Each lot will be subject to a minimum reserve price which will be displayed clearly on the lot or on the forms for submitting the bid. For a bid to be valid, it must be greater than or equal to the minimum reserve price and be made in pounds sterling.
8. [Macmillan may seek to include in the auction written bids which are received prior to the auction. The written bids must be submitted by the bidder in a sealed format and received by Macmillan sufficiently in advance of the auction with a clear, written indication of the auction and the lot to which the bid relates. Macmillan does not accept any liability for failure to include a written bid in the auction. In the event that two or more written bids equal the highest bid, these bids will be put into a separate draw and the winner will be drawn by chance.
9. Any illegible, incomplete or fraudulent bids will be rejected. Any bidder who bids in a manner, which in Macmillan's determination is contrary to these terms and conditions or by its nature is unjust to other entrants (including without limitation tampering with the operation of the auction, cheating, hacking, deception or any other unfair playing practices such as intending to annoy, abuse, threaten or harass any other bidders or Macmillan and/or any of its agents or representatives) may be rejected from the auction at Macmillan's sole discretion.
10. The winning bid for each lot will be the highest bid for that lot which meets any of the applicable conditions. In the event that two or more written bids equal the highest bid, these bids will be put into a separate draw and the winner will be drawn by chance. All bids must be received by 5.15pm GMT on 15/06/24
11. If Macmillan is no longer able to provide the lot for example in the event that the lot is an experience and Macmillan determines that it is no longer possible to provide the experience:
- In the event that payment has not yet been taken, no payment for the lot shall be due.
- In the event that payment has been taken, Macmillan shall refund the payment.
12. Macmillan will make reasonable efforts to contact the winning bidders before 5pm GMT on 15/06/24 to arrange payment and delivery (where applicable). If (i) Macmillan is not able to contact a winning bidder by 5pm GMT on 19/06/24, or (ii) the lot is not collected or delivery arranged (where applicable) by 6pm GMT on 15/06/24, Macmillan will have the right to sell the lots to another party on whatever terms it wishes.
13. Payment for the lots must be received by 6pm GMT on 15/06/24. Unless otherwise agreed in writing by Macmillan, lots will not be delivered and may not be collected (where applicable) until payment has been received by Macmillan in cleared funds.
14. Unless specifically stated otherwise, the winning bidder is responsible for all arrangements and costs required to take up the fulfilment of their lot, including, but not limited to, delivery costs, travel and accommodation costs, insurance and any other necessary documentation, including passports, immunisations and visas and bearing the costs of such arrangements. If no delivery arrangements are made by 5pm GMT on 28/06/24, Macmillan may deal with that lot in any way it so chooses (which may include re-auctioning the lot).
15. Risk in the lot will pass to the winning bidder at the time of delivery. Ownership of the lot will pass to the winning bidder when Macmillan has received in full all sums due to Macmillan for the lot.
16. By providing personal information to Macmillan, bidders agree to it being used for the purpose of administering the auction, including processing by Emma Live Ltd – which is hosting the online auction. Notwithstanding anything else in these terms and conditions and to the extent permitted under law, Macmillan will not be directly or indirectly liable to any bidder, whether in contract, tort (including negligence), breach of statutory duty or in any way, for the lots. Macmillan gives no guarantees or warranties, and any implied warranties or conditions are excluded in respect of the lots. Macmillan disclaims all liability except for fraud, fraudulent misrepresentation, death or personal injury caused by negligence or such other liability which cannot be disclaimed by law. Macmillan will not be liable for any circumstances that prevent a lot being taken up by the winning bidder.
17. Macmillan reserves the right to modify, cancel, terminate or suspend the auction in whole or in part, at its sole discretion, if it believes the auction is not capable of being conducted as specified within these terms and conditions or in the event of a cause that is beyond the reasonable control of Macmillan that could corrupt or affect the administration, security, impartiality or normal course of the auction. Neither Macmillan nor any of its subsidiary or affiliated companies are responsible for any condition, circumstances, losses, failures or delays caused by events beyond its or their control such as (but not limited to) the acts or defaults of the supplier of the prize that may cause the auction to be disrupted or corrupted, or that may lead to loss or damage of prizes in transit to the winner.
18. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales, and subject to the exclusive jurisdiction of the courts of England and Wales.
19. In these terms and conditions, “Macmillan” refers to Macmillan Cancer Support, registered charity in England and Wales (261017), Scotland (SC039907) and the Isle of Man (604). Also operating in Northern Ireland. A company limited by guarantee, registered in England and Wales company number 2400969. Isle of Man company number 4694F. Registered office: 89 Albert Embankment, London SE1 7UQ.
Terms and conditions for live auction in aid of Macmillan Cancer Support at The Macmillan Charity Raceday on Saturday 15 June
1. By bidding on a lot, you agree to be bound by these terms and conditions.
2. Your bid shall be non-revocable, and any bid indicates that you intend to buy the lot “as is”. You accept that it is your responsibility to carry out checks on the lot(s) which you may be interested in. Statements and images regarding the condition of the lot are for guidance only and should not be relied on as statements of fact and do not constitute a representation, warranty, or assumption of liability by Macmillan.
3. You may make more than one bid per lot and may bid for more than one lot. You acknowledge that any bid will constitute a legal offer to purchase the lot at the amount indicated which, on acceptance by Macmillan, will form a legal agreement to purchase the lot which will be binding on you as the winning bidder.
4. For a bid to be valid, you must be over 18 years old and legally able to bid on the lot. You may be asked to provide identification as proof of age when submitting your bid.
5. When you bid on a lot(s), you represent to Macmillan that your bid(s) on any lot is consistent with applicable law in the United Kingdom and that you have no knowledge or reason to suspect that the funds used to purchase the lot are connected with criminal activity (including money laundering, or any act in violation of anti-bribery or anti-corruption laws).
6. Lots may not be transferred by the winning bidder to any other person and there are no cash alternatives.
7. Each lot will be subject to a minimum reserve price which will be displayed clearly on the lot or on the forms for submitting the bid. For a bid to be valid, it must be greater than or equal to the minimum reserve price and be made in pounds sterling.
8. You may bid:
- Live during the auction by following the instructions provided by the auctioneer. All bids must be received by 3pm GMT on 15/06/24.; or
- via the Emma Platform, provided that you submit your bid at least three days prior to the live auction taking place i.e., by 8pm on 12/06/24. Any bids received via the Emma Platform after this date shall not be included in the auction.
9. Any illegible, incomplete or fraudulent bids will be rejected. Any bidder who bids in a manner, which in Macmillan's determination is contrary to these terms and conditions or by its nature is unjust to other entrants (including without limitation tampering with the operation of the auction, cheating, hacking, deception or any other unfair playing practices such as intending to annoy, abuse, threaten or harass any other bidders or Macmillan and/or any of its agents or representatives) may be rejected from the auction at Macmillan's sole discretion.
10. The winning bid for each lot will be the highest bid for that lot which meets any of the applicable conditions. In the event that two or more written bids equal the highest bid, these bids will be put into a separate draw and the winner will be drawn by chance.
11. If Macmillan is no longer able to provide the lot for example in the event that the lot is an experience and Macmillan determines that it is no longer possible to provide the experience:
- In the event that payment has not yet been taken, no payment for the lot shall be due.
- In the event that payment has been taken, Macmillan shall refund the payment.
12. Macmillan will make reasonable efforts to contact the winning bidders before 5pm GMT on 15/06/24 to arrange payment and delivery (where applicable). If (i) Macmillan is not able to contact a winning bidder by 5pm GMT on 19 06 24, or (ii) the lot is not collected or delivery arranged (where applicable) by 6pm GMT on 15/06/24, Macmillan will have the right to sell the lots to another party on whatever terms it wishes.
13. Payment for the lots must be received by 6pm GMT on 15/06/24. Unless otherwise agreed in writing by Macmillan, lots will not be delivered and may not be collected (where applicable) until payment has been received by Macmillan in cleared funds.
14. Unless specifically stated otherwise, the winning bidder is responsible for all arrangements and costs required to take up the fulfilment of their lot, including, but not limited to, delivery costs, travel and accommodation costs, insurance and any other necessary documentation, including passports, immunisations and visas and bearing the costs of such arrangements. If no delivery arrangements are made by 5pm GMT on 28/06/24, Macmillan may deal with that lot in any way it so chooses (which may include re-auctioning the lot).
15. Risk in the lot will pass to the winning bidder at the time of delivery. Ownership of the lot will pass to the winning bidder when Macmillan has received in full all sums due to Macmillan for the lot.
16. By providing personal information to Macmillan, bidders agree to it being used for the purpose of administering the auction, including processing by Emma Live Ltd – which is hosting the online auction. Notwithstanding anything else in these terms and conditions and to the extent permitted under law, Macmillan will not be directly or indirectly liable to any bidder, whether in contract, tort (including negligence), breach of statutory duty or in any way, for the lots. Macmillan gives no guarantees or warranties, and any implied warranties or conditions are excluded in respect of the lots. Macmillan disclaims all liability except for fraud, fraudulent misrepresentation, death or personal injury caused by negligence or such other liability which cannot be disclaimed by law. Macmillan will not be liable for any circumstances that prevent a lot being taken up by the winning bidder.
17. Macmillan reserves the right to modify, cancel, terminate or suspend the auction in whole or in part, at its sole discretion, if it believes the auction is not capable of being conducted as specified within these terms and conditions or in the event of a cause that is beyond the reasonable control of Macmillan that could corrupt or affect the administration, security, impartiality or normal course of the auction. Neither Macmillan nor any of its subsidiary or affiliated companies are responsible for any condition, circumstances, losses, failures or delays caused by events beyond its or their control such as (but not limited to) the acts or defaults of the supplier of the prize that may cause the auction to be disrupted or corrupted, or that may lead to loss or damage of prizes in transit to the winner.
18. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales, and subject to the exclusive jurisdiction of the courts of England and Wales.
19. In these terms and conditions, “Macmillan” refers to Macmillan Cancer Support, registered charity in England and Wales (261017), Scotland (SC039907) and the Isle of Man (604). Also operating in Northern Ireland. A company limited by guarantee, registered in England and Wales company number 2400969. Isle of Man company number 4694F. Registered office: 89 Albert Embankment, London SE1 7UQ.
Covering stripe fee
* Stripe fees are set at 1.5% + 20p per transaction for standard UK cards. Payers can choose to pay an additional 1.5% to cover the mandatory stripe transaction fee to ensure Macmillan Cancer Support does not have to cover this cost.
