Northumbria
University Sport Fundraising
Auction Terms and Conditions
If you make a bid for a Lot or otherwise
participate in the Auction and/or Silent Auction, it is on the basis that you
agree to the following Conditions:
1. INTERPRETATION
1.1. The following definitions and rules of interpretation apply to these terms and conditions:
Bid: the offer to buy an
item at a specific price in person and/or online via the Site.
Bidder: a natural or legal
person that is attempting to purchase an item at the auction.
Buyer: the successful bidder
acknowledged by the auctioneer or the platform at the end of the Event.
Conditions: the terms and conditions
set out in this document.
Event: Northumbria University
Sports Dinner held at St James’ Park on 20 October 2023.
Force Majeure Event: an event, circumstance
or cause beyond a party’s reasonable control.
Lot: an item or group of
items offered for sale at the Auction or Silent Auction as one unit.
Northumbria: University of
Northumbria at Newcastle whose principal office is at Sutherland Building,
College Street, Newcastle upon Tyne, NE1 8ST.
Participant: a natural or legal
person that submits an Entry via the Site for the Prize Draw.
Reserve: the minimum price for
items.
Site: https://getbidding.co.uk/nusportdinner
1.2. A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality).
1.3. Any words following the terms including, include, in particular, for example, or similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
1.4. A reference to writing or written includes email.
1.5. Unless context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
2. BASIS OF CONTRACT
2.1. These Conditions apply to the Auction and/or Silent Auction to the exclusion of any other terms that the Bidder and/or Buyer may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3. ELIGIBILITY
3.1. All Bidders must be over 18 years of age.
3.2. In placing Bids, Bidders confirm that they are eligible to do so and eligible to claim any Lot bid on.
4. THE AUCTION
4.1. The Auction will be held at the Event and Bids can be made in advance of the Event for the available Lots via the Site from 07:00 GMT on 16 October 2023.
4.2. Bidding via the Site shall close at 21:30 GMT on 20 October 2023.
4.3. The Auction shall then continue live at the Event at 22:15 GMT, starting with the highest Bid received via the Site for each Lot (1-7).
4.4. Each Bid constitutes an offer by the Bidder to purchase the Lot in accordance with these Conditions. The Bidder is responsible for ensuring that they have the required funds prior to submitting a Bid.
4.5. The highest Bid shall be accepted by Us when the auctioneer announces completion of the auction by the fall of the hammer, at which point the successful Bidder shall be announced and legally bound to purchase the Lot in accordance with these Conditions.
4.6. Payment must be made within 7 days of acceptance. If payment is not received within 7 days of acceptance, Northumbria reserves the right to withdraw acceptance and contact the second highest Bidder.
5. THE SILENT AUCTION
5.1. The Silent Auction will open via the Site at 07:00 GMT on 16 October 2023.
5.2. Bidding for the Silent Auction shall close at 21:30 GMT on 20 October 2023. Any Bids submitted after this time will not be considered.
5.3. Each Bid constitutes an offer by the Bidder to purchase the Lot in accordance with these Conditions. The Bidder is responsible for ensuring that they have the required funds prior to submitting a Bid.
5.4. The auctioneer shall announce the highest Bidder at the Event at which point the highest Bid shall be deemed to be accepted by Us and the Bidder shall be legally bound to purchase the Lot in accordance with these Conditions.
5.5. Payment must be made within 7 days of acceptance. If payment is not received within 7 days of acceptance, Northumbria reserves the right to withdraw acceptance and contact the second highest Bidder.
6. THE LOTS
6.1. All Lots are offered for sale ‘as is’ and Bidders are advised to conduct any research or due diligence on a Lot prior to making a Bid. Any images or descriptions used on the Site are used for the sole purpose of giving an approximate idea of the items referred to in them. They shall not have any contractual force.
6.2. The Lots may be subject to a Reserve price and if the Bids do not exceed the Reserve price, the Lot cannot be sold.
6.3. The Lots are not negotiable or transferable.
6.4. While every effort is made by Northumbria to ensure that the Lots are in good working order and are capable of fulfilment and provides what the Bidder would reasonably expect, all Bidders acknowledge that some Lots may become impossible to provide or fulfil, in such circumstances, Northumbria will not and cannot provide any refund and the Bidder agrees that no refund will be due, except in exceptional circumstances.
6.5. Some Lots may have a redemption period and Northumbria accepts no liability if the Buyer fails to redeem the Lot within the time specified.
6.6. We reserve the right to substitute the Lot with an alternative item of equal or higher value if circumstances beyond Our control makes it necessary to do so.
7. DELIVERY
7/1. Northumbria shall contact the Buyers by email (provided on Bidding) from the 23 October 2023 to notify them of their purchase and the Buyers must provide a postal address for delivery or arrange a time for collection.
7.2. Lots must be collected by the Buyers, they may not be collected by a third party on your behalf.
7.3. For the avoidance of doubt, no Lots shall be delivered or released for collection until payment has been received and funds have cleared.
7.4. If the Buyer does not respond to Northumbria within 7 days of being notified by email on or around 23 October 2023, Northumbria will send a further two emails in an attempt to contact the winner. If the Buyer does not respond to Northumbria by 17:00 GMT on 14 November 2023, then the Buyer’s purchase will be forfeited and Northumbria will be entitled to contact to the second highest Bidder.
7.5. Northumbria is not liable and will not accept any responsibility if any contact details provided in accordance with clause 7.1 are incomplete or inaccurate.
7.6. The Lots purchased are non-exchangeable, non-transferable and no cash alternative is offered.
8. WARRANTIES
8.1. Northumbria does not warrant that the Lots shall be free from material defects in design, material and workmanship or be of satisfactory quality or be fit for any purpose held out by Northumbria.
9. TITLE AND RISK
9.1. The risk in the Lot shall pass to the Buyer on acceptance in accordance with clauses 4.6 and 5.5.
9.2. Title to the Lot shall not pass to the Buyer until Northumbria has received payment in full (cash or cleared funds) for the Lot.
10. PRICE AND PAYMENT
10.1. The price for the Lots shall be the sum of the successful Bid made by the Buyer plus any applicable tax. Any additional costs, including travel, accommodation and other expenses for the fulfilment of experience, UK-based, items, will be at the Buyer’s own expense.
10.2. All amounts due under these Conditions shall be payable in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
10.3. All monies paid to purchase the Lots shall be donated to the Higher Education Without Barriers Fund.
11. LIMITATION OF LIABILITY
11.1. Insofar as is permitted by law, Northumbria shall not in any circumstances be responsible or liable or accept any liability for any loss, damage, personal injury or death occurring as a result of or in connection with the use of the Lot, except where it is caused by Northumbria’s negligence.
12. CANCELLATION RIGHTS
12.1. All Bids are final and a Bidder may not withdraw a Bid at any time after submission.
12.2. Any cancellations or withdrawals shall be at the sole discretion of Northumbria.
13. DATA PROTECTION AND PUBLICITY
13.1. Bidder’s agree that their personal data can be processed for the purpose and specifically for the Site provider, Event Technologies Limited. Please check the terms and conditions on the Site’s website for details relating to use of the Site.
13.2. Northumbria does not accept any liability if the contact details provided via the Site or otherwise are incomplete or inaccurate.
13.3. Northumbria will only process your personal information as set out in General Data Protection Regulations (northumbria.ac.uk) and https://www.northumbria.ac.uk/about-us/alumni-association/giving-to-northumbria/donor-promise/. See also clauses, 4.5, 5.4 with regards to announcement of winners.
14. FORCE MAJEURE
Neither party shall be
in breach of their obligations under these Conditions or otherwise liable for
any failure or delay in the performance of its obligations (not including an
obligation to pay) if such delay or failure results from a Force Majeure Event.
The time for performance of such obligations shall be extended accordingly. If
the period of delay or non-performance continues for 4 weeks, the party not
affected may terminate the agreement by giving 7 days’ written notice.
15. GENERAL
15.1. Northumbria may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Conditions.
15.2. The Buyer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Conditions without the prior written consent of Northumbria.
15.3. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
15.4. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
15.5. Any notice given to a party under or in connection with these Conditions shall be in writing and shall be:
15.5.1. delivered by hand or by pre-paid first-class post or other next working day delivery service or sent by email to the following addresses:
Northumbria: Head of
Legal Services, Vice Chancellor’s Department, University of Northumbria at
Newcastle, Pandon Building, Camden Street, Newcastle upon Tyne, NE2 1XE vc.legal.services@northumbria.ac.uk.
Buyer/Bidder: contact
details as provided during Bidding or otherwise notified to Northumbria.
15.6. These Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Conditions.
15.7. If there is any reason to believe that there has been a breach of these Conditions, Northumbria may, at its sole discretion, reserve the right to exclude anyone from participating in the Auction and/or Silent Auction.
15.8. Northumbria reserves the right to hold void, suspend, cancel, or amend the Auction and/or Silent Auction where it becomes necessary to do so.
15.9. These Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
15.10. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Conditions or its subject matter or formation.
