1. British Broadcasting Corporation ('the BBC')
1.1 In providing this Politics Show - Comic Relief (registered with the Charity Commission - number 326568) online auction, the BBC is not acting in the course of its normal business and the proceeds of this auction, conducted on this, the Politics Show website will be donated to Comic Relief.
1.2 The BBC is a public corporation incorporated by Royal Charter under the laws of the United Kingdom having its principal office at Broadcasting House, Portland Place, London, W1A 1AA.
2. Goods and Donors
2.1 The two items that are offered for auction (one original mounted and framed illustration each from cartoonists Gerald Scarfe and Steve Bell - the "Goods") have been donated by Gerald Scarfe and Steve Bell - (the "Donors") for the sole purpose of raising funds for Comic Relief.
3. Legal capacity
3.1 Only individuals who can lawfully enter into and form contracts under applicable law may bid for and buy the Goods in the Auction. In all cases you must be at least 16-years-of-age (or such other age, if greater, as may be required for us to lawfully contract with you in the jurisdiction in which you are resident).
4. Legal status of bids
4.1 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.
4.2 Further to clause 4.1 above, you acknowledge that each bid made by you may not be withdrawn and will remain valid and capable of acceptance by the BBC for a period of up to one calendar month, unless an Auction is subject to early closure or extension by the BBC in accordance with clause 5.6 below.
4.3 For the avoidance of doubt and as set out in clause 5.4 below, all bids will remain valid until payment for the relevant Goods has been received by Comic Relief.
5. Bidding process
5.1 When you bid, you must provide the BBC with your name, address, telephone number and e-mail address (if you have one). The BBC will only ever use your personal details for the purposes of administering this competition, and will not publish them or provide them to any other party without your permission.
5.2 The winning bid in the Auction will be the highest bid which exceeds the reserve price and meets any other conditions which may be specific to each auction (the "Winning Bid"). If additional conditions apply, they will be published alongside the description of the Goods prior to the commencement of the auction.
5.3 If your 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 your bid, as though the higher bid had never been made.
5.4 If your bid is successful, the BBC will notify you by telephone to confirm the amount of the Winning Bid and details of the relevant Goods, and to arrange payment and delivery.
5.5 If there is a problem with payment by you of the amount of the Winning Bid, the BBC reserves the right to offer the Goods to the next highest bidder.
When payment is received by Comic Relief, the relevant Auction will close and all unsuccessful bids will lapse.
5.6 The BBC reserves the right to refuse or remove bids in its absolute discretion.
5.7 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 Goods (such as any decision by a Donor to remove its Goods from the Auction).
5.8 Further to clause 5.6 above, if the Auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.
5.9 If there is a dispute between you and another bidder, the BBC is under no obligation to become involved in such a dispute. You hereby release the BBC, its officers, employees and agents, the Donors and Comic Relief, its officers, employees and agents from any claims, demands or damages arising out of or in connection with any such disputes and/or this Website.
5.10 The bidding will commence on Sunday 11 March, 2007 at 13:00 GMT and close on Saturday 17 March, 2007 at 12:00 GMT. Any bid received at any time after the stated close of bidding (12:00 GMT, Saturday 17 March, 2007), will not be accepted, and the previously highest accepted bid in, will be deemed the winning bid.
6.1 Goods bought through the Auction are non-refundable and non-exchangeable, save as set out in clause 11 below. The BBC cannot guarantee the condition or suitability of the Goods or the fitness of the Goods for their stated purpose.
6.2 You acknowledge that the Goods may differ slightly from the photographic images displayed on this Politics Show website and any other website or publicity they may have been displayed on or in.
6.3 You acknowledge that all information that is provided as a description of the Goods is reproduced by the BBC or Comic Relief in good faith and is consistent with information supplied to the BBC or Comic Relief. As such, the BBC and Comic Relief cannot be held responsible for inaccurate or misleading product descriptions.
6.4 The BBC shall have the right to substitute Goods of a similar description and standard if for any reason the relevant Goods are not available.
7.1 Payment must be received either by cheque and made out to: "Comic Relief" or by credit card by arrangement with Comic Relief. The BBCwill confirm these arrangements with the winning bidder.
7.2 Payment must be received by the BBC within 21 days of you receiving confirmation that your bid is the winning bid from the BBC. However, the BBC may request payment at an earlier date.
7.3 Payment will include the amount of the Winning Bid and the cost of delivery (if applicable) which shall be notified to you by the BBC as set out in clause 10 below.
7.4 Unless otherwise agreed by the BBC, Goods will not be released to you until payment has been received and cleared funds have been received.
8.1 The auction will be conducted in pounds Sterling. The actual cost to you, if you pay in a different currency, will vary according to the standard exchange rate applied by your bank on the date of billing but you agree that all costs and charges involved in the transfer and or conversion of foreign currency to pounds Sterling shall be borne by you, the winning bidder.
9.1 Although the BBC and Comic Relief believes that they are 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.
10.1 Further to clause 7.3, you acknowledge that the amount of the Winning Bid does not include the costs of delivery and you may be required to pay additional charges for insurance, packaging and delivery. Any additional charges will be notified to you by and agreed in advance with, the BBC.
10.2 Neither the BBC or Comic Relief are not liable for any duty or seizure costs incurred during international delivery of Goods.
10.3 A signature may be required upon delivery.
10.4 Damages to or loss of the Goods during transit are not the responsibility of the BBC or Comic Relief.
10.5 Delivery of the Goods is subject to delivery by the Donor. In the event that delivery does not occur for whatever reason, you agree that your sole remedy will be to receive a refund of any payment received by the BBC and Comic Relief from you in respect of the Winning Bid and, if paid in advance by you, the cost of delivery.
11. Refund and Exchange of Goods
11.1 The BBC shall refund the amount of the Winning Bid or request that the Donor exchange Goods that are shown to be defective within the meaning set out in section 3 of the Consumer Protection Act 1987 Part 1. In order to be considered for a refund or exchange of Goods, you must notify the BBC in writing of the relevant defect within 30 days of the Goods having been delivered to you.
11.2 You agree that your sole remedy for miss-description of the Goods will be to receive a refund of any payment made by you for the Goods and, (if applicable) the cost of delivery. However, such repayments shall only be made in the case of a materially significant miss-description and provided the Goods have not been used by you. Notice of such miss-description must be received by the BBC within 10 working days of receipt by you of the Goods following which we will contact you to discuss repayment and return of the Goods to us.
11.3 In all other respects, you acknowledge and agree that you will be entitled to neither a refund of the amount of the Winning Bid, nor an exchange of Goods, in the event that you should decide that you no longer want the Goods.
11.4 You acknowledge that certain of the Goods may contain specific refund or warranty conditions which will be included in the description of the Goods prior to each auction and may legally bind you.
12.1 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.
12.2 The BBC will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.
12.3 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 Goods available, to the full extent permitted by English law.
12.4 Neither the BBC, nor Comic Relief, 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 Internet. The BBC makes no warranty that the website will meet your requirements, or that it will be timely, secure or error free.
12.5 Neither the BBC, nor Comic Relief, 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 Goods purchased by you.
12.6 Without prejudice to any of the foregoing, you agree that 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.
12.7 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.
13. Use of site content
13.1 All Intellectual Property Rights ("IPR") including but not limited to copyright, database right, trade mark, and design rights in the appearance and design of the website and the materials and contents displayed on this Site shall belong to the BBC, except to the extent that all IPR in any portrayal of the cartoons produced by Gerald Scarfe and Steve Bell, shall remain with the relevant Donors.
13.2 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.
14.1 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.
15. Data Protection
15.1 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.
15.2 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.
16.1 You shall not assign, transfer sub-license, mortgage charge or otherwise dispose of any of its rights, interests or obligations under this Agreement to any person or organisation.
17.1 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.
18. Third Party Rights
18.1 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.
19.1 You 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.
20.1 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. Every auction that is carried out on this website shall be deemed to be performed in England.
Access to and participation by you in an Auction is confirmation that you have understood and accepted the above Terms and Conditions.
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