Charity Auction Terms for Bidders

TERMS FOR Bidders

BACKGROUND:

These Terms for Bidders, together with any and all other documents referred to herein, set out the terms under which Users (“Bidders”) participate in Auctions on Our Site. Please read these Terms for Bidders carefully and ensure that you understand them before participating in an Auction. You will be required to read and accept these Terms for Bidders when prior to placing a bid. If you do not agree to comply with and be bound by these Terms for Bidders, you will not be able to participate in Auctions on Our Site. These Terms for Bidders, as well as any and all contracts are in the English language only.

  1. Definitions and Interpretation
      1. In these Terms for Bidders, unless the context otherwise requires, the following expressions have the following meanings:
  1. Information About Us
      1. Our Site is [owned and] operated by i4 Recruitment [, a limited company registered in England under company number 4822022, whose registered address is 38 Vulcan Road South, Norwich, Norfolk, NR6 6AG.
      2. [Our VAT number is 838494972.]
      3. [We are a member of REC.]
  2. Access to and Use of Our Site
      1. Access to Our Site is free of charge.
      2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
      3. Access to Our Site is provided “as is” and on an “as available” basis. We use all reasonable endeavours to ensure that Our Site is available and fully functional at all times, however, We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. If Our Site (or any part thereof) is made unavailable and interrupts an Auction in which you are a Bidder, where reasonably possible and practical, We will [extend the Auction accordingly] OR [restart the Auction]. Subject to the foregoing and the remainder of these Terms for Bidders, We will not otherwise be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
      4. Use of Our Site is also subject to Our Terms of Use and Terms for Sellers. Please ensure that you have read them carefully and that you understand them.
  3. Age Restrictions

You may only participate in an Auction if you are at least 18 years of age.

  1. Auctions
      1. Our Site is provided solely as an online venue for Bidders and Sellers to participate in Auctions. We are not a party to any transactions or other relationships between Bidders and Sellers. You hereby acknowledge and agree that:
          1. You are not making a purchase from Us and are not entering into a contract with Us. If you are the winning Bidder in an Auction, your purchase is from the Seller in question, and your contract is with that Seller;
          2. We will not be a party to any dispute between you and any Seller or another Bidder. Any claims must be made directly against the party concerned;
          3. We do not pre-screen Sellers or any items that Sellers advertise in Listings. We are not, therefore, in any way responsible for any items advertised or sold, or for the content of any Listings; and
      2. Once an Auction has begun, it will run for a pre-determined period of time. A Seller may end an Auction at any time before the end of that period without any obligation to any Bidder.
      3. Sellers may change the starting price of an item at any time, including once an Auction has begun, either until a Bidder places a bid, or if all bids are subsequently withdrawn.
      4. You may withdraw any bid made in an Auction at any point up until the Auction reaches the end of its pre-determined and stated duration. If an Auction ends at the pre-determined time and yours is the highest bid, you will be the winning Bidder. If you wish to cancel at this point, please refer to Clauses 13 and 15 below.
  2. Intellectual Property Rights
      1. The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content in Listings.
      2. Bidders must, at all times, respect the intellectual property rights of Sellers on Our Site. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
  3. Bidder Rules and Acceptable Usage Policy
      1. When using Our Site and in particular when participating in an Auction, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 7. Specifically:
          1. you must ensure that you comply fully with all local, national, or international laws and/or regulations;
          2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
          3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
          4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way;
          5. you must always provide accurate, honest information to Sellers on Our Site;
          6. you must not engage in any form of bidding manipulation; and
          7. you must not use any personal details provided by a Seller except for the purposes of using Our Site in accordance with these Terms for Bidders.
      2. When using Our Site, you must not submit anything, or otherwise do anything that:
          1. is sexually explicit;
          2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
          3. promotes violence;
          4. promotes or assists in any form of unlawful activity;
          5. discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
          6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
          7. is calculated or is otherwise likely to deceive;
          8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
          9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.2);
          10. implies any form of affiliation with Us where none exists;
          11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
          12. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
      3. We reserve the right to suspend or terminate your access to Our Site and/or your ability to participate in Auctions if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms for Bidders. Further actions We may take include, but are not limited to:
          1. removing any offending material from Our Site;
          2. issuing you with a written warning;
          3. legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
          4. further legal action against you as appropriate;
          5. disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
          6. any other actions which We deem reasonably necessary, appropriate, and lawful.
      4. We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Bidders.
  4. Purchasing from Sellers
      1. As set out above in Clause 5, all transactions in Auctions on Our Site are between Bidders and Sellers only. We are not a party to such transactions.
      2. When making a purchase from a Seller as a winning Bidder, you expressly agree that:
          1. you have read the description and all details within the relevant Listing carefully and that you understand and agree to any and all specific points and issues (for example, descriptions of wear and tear or damage to a used item) noted by the Seller;
          2. subject to sub-Clause 8.3, you will pay for the item purchased in full and on time, using one of the Seller’s accepted payment methods via Our Payment Service, details of which are provided below in Clause 9; and
          3. you have provided complete and accurate delivery details to the Seller.
      3. You may refuse to pay for an item and cancel the transaction if the Seller materially changes the description or price of an item after the Auction has ended.
  5. Payment Service
      1. All Payments on Our Site are made through the Payment Service provided by PayPal and/or Virgin Giving, Our Third Party Payment Service Provider.
      2. Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before making payments to Sellers.
      3. By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Site with the Third Party Payment Service Provider.
      4. The Payment Service works with the following payment methods (please note that not all Sellers will accept all of the following):
          1. Credit Card, Debit Card, PayPal Payment, Cash on Collection
      5. If We receive notice from the Third Party Payment Service Provider that your use of Our Site or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Site, and/or the suspension or termination of your Account on Our Site.
      6. The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.
  6. Payments to Sellers
      1. All payments are processed using the Payment Service described above in Clause 9.
      2. If you do not pay, the Seller may cancel the transaction. Please refer to Clause 15 for more information on the Seller’s cancellation rights.
      3. We will not make any of your payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to Sellers at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.
  7. Taxes
      1. It is the responsibility of Sellers to collect and pay taxes on any sales made through Our Site.
      2. Where any tax, for example VAT, forms a part of the price of any item on Our Site, the tax must be included in the price of the item.
      3. If a Seller is VAT registered, they may be required to charge VAT on the items that they sell on Our Site.
      4. For further information on VAT and other taxes in your location, please contact your local tax authority.
  8. Delivery
      1. All winning bidders must be able to collect the products from our business address at 38 Vulcan Road South, Norwich, NR66AG. Only under special circumstances will we arrange alternative delivery methods. Please contact to discuss.
  9. Your Rights to Cancel and Return Items
      1. If the Seller is selling as a Business, and if you are a consumer (that is, not a Business) based in the European Union, you may be entitled to a “cooling-off” period within which you may cancel your contract with a Seller and return an item for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which you (or someone nominated by you) receive(s) the item.
      2. The cooling-off period does not apply in the following circumstances:
          1. If the Seller is selling as a private individual; or
          2. If the item is sealed for health or hygiene reasons, and you have unsealed the item after receiving it; or
          3. If the item consists of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software, and you have unsealed the item after receiving it; or
          4. [If the item is digital content and it has been downloaded or otherwise accessed by you; or]
          5. If the item is likely to deteriorate quickly, for example flowers or food; or
          6. [If the item has been personalised or made-to-order for you; or]
          7. If the item has been inseparably mixed with another item or other items (according to their nature) after you have received it.
      3. If you wish to exercise your right to cancel during the cooling-off period, you must inform the Seller of your decision within the cooling-off period. You may do so in any way you wish, however for convenience We provide a cancellation and returns form on Our Site <<insert link>>. Cancellation by email or by post is effective from the date on which you send the Seller your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send the Seller an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and must be accepted.
      4. Items must be returned to the Seller no more than 14 calendar days after the day on which you in form the Seller that you wish to cancel. You will be responsible for the costs of returning items to the Seller if you cancel under the cooling-off period.
      5. When you cancel under the cooling-off period, the Seller must issue a refund within 14 calendar days of the following:
          1. The day on which the Seller receives the item back; or
          2. The day on which you inform the Seller (supplying evidence) that you have sent the item back (if this is earlier than the day under sub-Clause 13.5.1); or
          3. If the Seller has not yet dispatched the item, the day on which you inform the Seller that you wish to cancel.
      6. The Seller may make certain limited deductions from refunds under this Clause 13 as follows:
          1. The Seller may reduce a refund for any diminished value in an item resulting from your excessive handling of it (e.g. handling going beyond that which would be permitted in a shop); and/or
          2. The Seller is only required by law to reimburse standard delivery charges. If you have chosen a premium delivery method, the Seller is only required to reimburse you for the equivalent of standard delivery.
  10. Problems with Transactions and Your Rights
      1. If a Seller is selling as a Business, the items that they sell must be of satisfactory quality, fit for purpose, as described, in accordance with any pre-contract information that the Seller has provided to you, and that matches any samples or models that the Seller has shown to you (unless the Seller has made you aware of any differences). If the Seller is selling as a private individual, the items that they sell must only be as described.
      2. If an item does not conform with the requirements outlined in sub-Clause 14.1, you must contact the Seller as soon as reasonably possible to inform them of the problem. Depending on the nature of the problem, the following remedies will be available to you:
          1. Beginning on the day that you receive the item, [if the item is goods,] you have a 30 calendar day right to reject it and to receive a full refund if it does not conform.
          2. If you do not wish to reject the item, if the 30 calendar day rejection period does not apply, or if it has expired, you may request a repair or replacement. The Seller must bear the costs and must carry out the repair or replacement within a reasonable time and without significant inconvenience to you. If either a repair or a replacement is impossible or disproportionately difficult, the Seller may offer you the alternative option (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while the Seller carries out the repair or replacement and will resume on the day that you receive the replacement or repaired item. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
          3. If, after a repair or replacement, the item still does not conform (or if the Seller cannot repair or replace it, as described above, or if the Seller has failed to act within a reasonable time or without significant inconvenience to you), you may have the right to keep the item at a reduced price, or to reject it in exchange for a refund.
      3. If you exercise your final right to reject the item more than six months after receiving it, the Seller may reduce any refund to reflect the use that you have had out of it.
      4. Please note you will not be eligible to claim under this Clause 14 in the following circumstances:
          1. the Seller provides details of any fault(s), damage, or other problems with the item in their Listing, i.e. before you purchase it and it is because of that/those same issue(s) that you subsequently wish to return it;
          2. you have purchased the item for an unsuitable purpose that is neither obvious nor made known to the Seller and the problem has resulted from your use of the item for that purpose; or
          3. the problem is the result of normal wear and tear, misuse, or intentional or careless damage on your part.
      5. Refunds (whether full or partial, including reductions in price) under this Clause 14 must be issued within 14 calendar days of the day on which the Seller agrees that you are entitled to a refund.
      6. Any and all refunds under this Clause 14 must include all delivery costs paid by you when the item was originally purchased.
      7. Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.
  1. Your Account Cancellation Rights
      1. You may close your Account at any time.
      2. Any outstanding sums due and payable to any Seller(s) will remain payable and your Account will not be fully closed until all sums due have been paid and the relevant transaction(s) completed or cancelled.
  2. Our Liability to You
      1. As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Bidders and Sellers. Furthermore, as stated in sub-Clause 5.1.3, We do not pre-screen Sellers or any items that Sellers advertise in Listings on Our Site. We will not be responsible for any aspect of an Auction or transaction and make no warranties as to the quality, safety, or legality of any items purchased from Sellers through Auctions on Our Site. Any claims pertaining to a transaction must be made directly against the Seller concerned.
      2. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Bidders or as a result of Our negligence.
      3. Subject to sub-Clause 17.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
      4. Nothing in these Terms for Bidders seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
      5. Nothing in these Terms for Bidders seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
  3. Communication and Contact Details
      1. If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01603 415100, by email at enquiries@i4recruitment.com, or by post at our business address.
  4. Data Protection
      1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
      2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.
      3. Sellers will also collect, hold, and process your personal information in the course of transactions (for example, your name, email address, and postal address). [Sellers are required to have their own privacy policies in place to govern their collection, processing, and holding of Bidders’ personal data. Please consult the privacy policy of any Seller you wish to buy from before entering into a transaction with them and ensure that you have read, understood, and agree to it.] Sellers are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting your rights under the GDPR.
      4. You must only use the personal data of other Users (whether they are Bidders or Sellers) to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via Our Site, and/or to respond to messages from them. You may not add any User to a mailing list, use their data for marketing, or retain any payment details. You may only use another User’s personal data for additional purposes with their consent.
  5. Other Important Terms
      1. We may transfer (assign) Our obligations and rights under these Terms for Bidders to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms for Bidders will not be affected and Our obligations under these Terms for Bidders will be transferred to the third party who will remain bound by them.
      2. You may not transfer (assign) your obligations and rights under these Terms for Bidders without Our express written permission.
      3. If any of the provisions of these Terms for Bidders are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Bidders.  The remainder of these Terms for Bidders shall be valid and enforceable.
      4. No failure or delay by Us in exercising any of Our rights under these Terms for Bidders means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Bidders means that We will waive any subsequent breach of the same or any other provision.
      5. We may revise these Terms for Bidders from time to time in response to changes in relevant laws and other regulatory requirements.
  6. Law and Jurisdiction
      1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales] [Northern Ireland] [Scotland].
      2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 21.1 above takes away or reduces your rights as a consumer to rely on those provisions.
      3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
      4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of [England & Wales] [Northern Ireland] [Scotland].

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