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16/11/2012

Duration:
4 hours
First broadcast:
Friday 16 November 2012

The brightest way to start your day with Alfie Joey and Charlie Charlton.

  • 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

    30

    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

    33

    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

    34

    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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