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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
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.
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
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
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
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.
5.1 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
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
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  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
6.1 Payment must be made by credit or debit card or cheque to
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.
7.1 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.
8.1 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
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.
10.1 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
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
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.
14.1 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
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