These Terms and Conditions are applicable to any use by you of the online auction ( “Auction”) as hosted by us, Manchester Pride Limited (the “Host”). Use of 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 Auction.

1. Auction

  • The online auction is operated for the benefit of the Host for whom the Auction is being run.

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

  • 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 notified deadline and providing it is in excess of any stated reserve.

2. Eligible Bidders

  • All bidders must be capable of forming legally binding relations under applicable law. The Auction 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.

  • Any bidder using the Auction is warranting by so doing that they are legally entitled to do so.

  • As a bidder you agree that we can process your personal data in accordance with our Privacy Policy specifically for this Auction.
     

3. Bidding

  • Bidders wishing to bid on an Item may make a bid for an Item through the Auction.

  • 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. Any questions or concerns should be sent to events@manchesterpride.com.

  • 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.

  • 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.

  • The ‘winning bidder’ is the person certified by the Host 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

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

  • The Host 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.

  • All Images are subject to copyright of the artist.

  • Whilst The Host 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.

  • Descriptions of Items are provided without a warranty of any kind. In no event shall the host (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 their purchase and use of an Item.

  • The Host reserves the right in its absolute discretion to amend or change the Item due to circumstances beyond its reasonable control.

5. Bidding and Payment Deadlines

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

  • After the Auction closes the Host will contact the winning bidder by email to inform the bidder that their bid was the highest and that they are, therefore, the winning bidder.

  • The lead bidder will be contacted on Wednesday 16th May 2018 to make payment in full via debit or credit card through PayPal. Further bids may be made on Thursday 17 May at The Spring Benefit event during the Live Auction. If these bids exceed the leading pre-bid then the bidder will have been outbid and may not longer be eligible to win.  If the bidder is unsuccessful on the evening The Host will refund the amount in full by Monday 21st May 2018, subject to PayPal return policy.

6. Applicable Law

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.

7. Variation of Terms

These Terms and Conditions may be revised and updated by the Host from time to time without notice. Bidders who have previously bid in the Host 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.

8. Third Party Rights

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.

9. Refunds Policy

Due to the nature of the Auction the Host does not provide refunds. Monies are raised for the Host go towards The Manchester Pride Fund. However, where there is a valid complaint and the Host deems in its sole discretion and without obligation that a refund or part refund is appropriate the Host will liaise directly with the bidder. All complaints must be referred to The Host at events@manchesterpride.com in the first instance.

10. Shipping Policy

Where delivery of an Item to a bidder is required then the Host will use reasonable endeavours to ship the Item to the bidder within 21 days of the Auction ending unless otherwise notified by the Charity in the Item description or shipping terms.