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Fri 16 Nov 2012 06:00

BBC Newcastle Children in Need Auction Terms and Conditions

1. British Broadcasting Corporation (‘the BBC’)

1.1 Proceeds of this auction, conducted by BBC Newcastle, will

be donated to BBC Children In Need. The successful bidder will

be asked to make immediate payment by credit or debit card but

may pay by cheque in accordance with Clause 6.2. Full details will

be supplied to the bidder when the auction is over. See clause 4.4

below.

2. Legal capacity

2.1 Only individuals who can lawfully enter into and form

contracts under applicable law may bid for and buy the Items. In

all cases bidders must be at least 18-years-of-age

3. Legal status of bids

3.1 Each placement of a bid, will constitute a legal offer which,

on acceptance by the BBC, will form an agreement which will be

binding on the bidder.

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3.2 For the avoidance of doubt and as set out in clause 4.4 below,

all bids will remain valid until payment for the items has been

received.

4. Bidding process

4.1 The winning bid in the Auction will be the highest bid which

meets any conditions which may be applicable (‘the Winning Bid’).

4.2 If a bid is followed by a higher bid that is later removed by

the BBC for any reason, it will be open to the BBC to accept the

earlier bid, as though the higher bid had never been made.

4.3 If a bid is successful, the BBC will notify the bidder by

telephone to confirm the amount of the Winning Bid, details

of the items, and to arrange payment and delivery. To assist in

maintaining the integrity of the auction the BBC reserves the

right also to telephone bidders during the auction in order to

make standard checks.

4.4 If there is a problem with payment by the successful bidder

of the amount of the Winning Bid, the BBC reserves the right to

offer the Goods to the next highest bidder.

4.5 The BBC reserves the right to refuse or remove bids in its

absolute discretion.

4.6 The BBC reserves the right to close the Auction early or to

extend it at any time and at its discretion. The Auction may be

cancelled or delayed because of, amongst other things, technical

difficulties experienced by the BBC or issues involving a Donor

of the items (such as any decision by the Donor to remove its

items from the Auction).

4.7 Further to clause 4.6 above, if the Auction is cancelled for any

reason and subsequently re-activated, all previous bids will lapse

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and bidding will recommence.

4.8 If there is a dispute between bidders, the BBC is under

no obligation to become involved in such a dispute. The BBC,

its officers, employees and agents and the Donors are hereby

released from any claims, demands or damages arising out of or

in connection with any such disputes.

5.Items

5.1 Items bought through the Auction are non-refundable and

non-exchangeable, save as set out in clause 9 below. The BBC

cannot guarantee the condition, content or suitability of the

items.

5.2 Bidders acknowledge that all information that is provided as a

description of the Items is reproduced by the BBC in good faith

and is consistent with information supplied to the BBC. As such,

the BBC cannot be held responsible for inaccurate or misleading

descriptions.

5.3 The BBC shall have the right to substitute Items of a similar

description and standard, if for any reason the relevant Items are

not available or for any other substantial reason. In the event of

such substitution before the close of the auction, a bidder may

withdraw a bid by notice to the BBC, such notice to be received

before the close of bidding. In the event of a substitution after

the close of the auction the winning bidder shall have the right

to decline the substitution within [7] days and, where applicable,

the right to a refund of monies paid. If the winning bidder does

not accept the substitution the Item will be offered to the next

highest bidder.

6. Payment

6.1 Payment must be made by credit or debit card or cheque to

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BBC Children in Need. Full details of payment procedures will be

given to the winning bidder.

6.2 Cheques must be received within 5 working days of the

winning bidder receiving confirmation that the bid is the winning

bid. Neither the BBC nor BBC Children in Need can accept any

liability for payments not received, as a result of failures in the

postal service or otherwise.

6.3 Unless otherwise agreed by the BBC, Items will not be

released to you until payment has been received and cleared

funds have been received.

7. Currency

7.1 The auction will be conducted in pounds Sterling.

7.2 Although the BBC and BBC Children in Need believes that

it is exempt from paying VAT for the purposes of the Auctions, if

this position should change, the amount of the Winning Bid shall

be inclusive of any applicable VAT.

8. Liability

8.1 The BBC endeavours to ensure that the information and

other material on this website are correct and complete, but

does not accept liability (except as set out below) for any errors

in or omissions from this website.

8.2 The BBC will use all reasonable efforts to correct errors and

omissions as quickly as practicable after being notified of them.

8.3 Except as specifically set out in this Agreement, the BBC

makes no representation and expressly excludes all conditions

or warranties, expressed or implied, including (but not limited

to) the availability, quality, timeliness, performance or fitness for a

particular purpose of any of the Items available, to the full extent

permitted by English law.

8.4 Neither the BBC, nor BBC Children In Need, shall be liable

for any claims or losses of any nature arising directly or indirectly

from any inability by you to access the website because of,

amongst other things, technical difficulties experienced by the

BBC, Donors or the telephone system.

8.5 Neither the BBC, nor BBC Children In Need, shall, in any

circumstances, be liable in contract or tort (including negligence

and breach of statutory duty) for any indirect or consequential

loss, howsoever caused or arising in connection with this

Agreement or your use of this website, or items purchased by

you.

8.6 Without prejudice to any of the foregoing, you agree that, if

the BBC is held to have any legal liability, the BBC will only be

liable for direct loss up to a maximum total of the amount of the

Winning Bid in respect of any one incident or series of incidents

attributable to the same cause.

8.7 Nothing in this Agreement shall purport to exclude liability

for death or personal injury where such has been caused by the

negligence of the BBC.

9. Use of site content

9.1 This Site is for personal and non-commercial use. You may

not modify, copy, distribute, transmit, display, perform, reproduce,

publish, licence, create derivative works from, transfer or sell any

information obtained from this Site. You may only download to

your personal computer for viewing purposes and print out a

number of pages of this Site for your personal use.

10. Links

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10.1 The BBC assumes no responsibility for the contents of any

other websites to which this website has links. As such, the BBC

shall not be held responsible or liable for any loss or damages

caused or alleged to have been caused by use of or reliance on

any content, goods or services available on such hyperlinked

sites, over which the BBC has no control. The inclusion of any

hyperlinks to such other websites does not mean that the BBC

endorses the material on which web sites or has any association

with the owner thereof.

11. Data Protection

11.1 The BBC complies with the provisions of the Data

Protection Act 1998 in processing personal information. As such,

your personal information will be held confidentially by the BBC

and will only be used by the BBC or disclosed to a third party

(such as a Donor) if such use or disclosure is required for the

purposes of this Agreement or as otherwise instructed by you.

11.2 If necessary, the BBC will co-operate with any investigation

by any governmental body or any court or tribunal legitimately

exercising rights and such co-operation may be without notice to

you.

12. Severability

12.1 If any provision of this Agreement shall be prohibited by

or adjudged by a Court to be unlawful void or unenforceable

such provision shall to the extent required be severed from this

Agreement and rendered ineffective as far as possible without

modifying the remaining provisions of this Agreement and shall

not in any way affect any other circumstances or the validity or

enforcement of this Agreement.

13. Third Party Rights

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13.1 This Agreement does not create or confer any right under

the Contracts (Rights of Third Parties) Act 1999 which are

enforceable by any person who is not a party to this Agreement.

14. Limitation

14.1 All bidders agree that regardless of any statute or law to the

contrary, any claim or cause of action arising out of or in relation

to an Auction or these terms and conditions must be filed within

one (1) year after such claim or cause of action arises or be

forever barred.

15. Jurisdiction

15.1 This Agreement shall be governed by and construed in

accordance with the laws of England and Wales whose courts

shall be courts of competent jurisdiction.

Access to and participation by you in the Auction is confirmation

that you have understood and accepted the above Terms and

Conditions.

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