The ARCHIE Foundation’s Christmas Tree Auction: Terms & Condition
Date of Auction: Live from Monday 23rd November 2020, 8am
Bidding will close Monday 30th November 2020, 8pm
1.1. The Christmas Tree Auction is managed by The ARCHIE Foundation.
2. Data Protection
3. Terms and Conditions
3.1. These Terms and Conditions of Sale (“Conditions”) set out the legal relationship between the Buyer and The ARCHIE Foundation. By registering to bid and participate in this Auction, you will be deemed to have read and agreed to be bound by these Conditions as set out below.
4.1. Please read these Terms and Conditions of Sale carefully. By registering to bid and participate in the Auction, you will be deemed to have agreed to be bound by them.
When the following words are used they mean:-
Auction – A live or online auction, hosted by The ARCHIE Foundation
Bidder – Any person, properly registered and approved by The ARCHIE Foundation to participate in the Auction, who makes a bid to buy a Lot at Auction
Buyer – The person or organisation making the highest bid or offer for a Lot accepted by The ARCHIE Foundation, including a principal bidding as agent.
Lot – Individual item listed in the Online Auction Site.
Purchase Price – The highest bid placed and accepted in the Online Auction site on www.archie.org
6. Pre-Auction Viewing
6.1. All the Lots can be previewed at Marischal Square between Sunday 1st November and Monday 30th November 2020.
7. Conditions of Sale
7.1. All Lots are sold subject to their condition at the date of the Auction. By making a bid, the Bidder accepts the actual condition of the Lot and acknowledges that if a bid is successful, the Buyer will buy the Lot ‘as is’.
7.2. The ARCHIE Foundation cannot guarantee that colours are properly shown online. All Lots are sold ‘as is’. Bidders are encouraged to inspect Lots and to satisfy themselves as to condition before bidding.
8.1. Every person or organisation wishing to make a bid is required to register online at the auction site as part of the bidding process – https://archie.org/christmas-tree-auction/ 8.2. All bids are by individual Lot available online only at https://archie.org/christmas-tree-auction/
8.3. All Bidders must be 18 or over and resident in the UK.
8.4. All bids must be made in Pounds Sterling.
8.5. Bidders must first register online, thereafter they can place bids. Confirmation of the bid will be emailed to the Bidder. This bid will be deemed legally binding.
8.6. The Online Auction will close at 8pm Monday 30th November 2020.
8.7. When making a bid, every Bidder acknowledges that such bid is a binding offer to buy the Lot at that price (plus the, Buyer’s Expenses (if applicable) all applicable taxes and any and all shipping charges, storage and other costs).
9. After the Auction (Successful Bids)
9.1. The successful Bidder will be contacted by email and invited to make payment to complete the purchase.
9.2. Unless agreed in writing with you by The ARCHIE Foundation, you must pay all the sums to the charity in Pounds Sterling immediately upon winning the Lot. Payment must be in Pounds Sterling and may be made by debit card or credit card through the online system
10.1. Payment will be collected via PayPal and can be made either by PayPal account or by credit card.
10.2. The Buyer will receive two confirmations of successful payment – one from ARCHIE confirming the order and a further receipt from PayPal confirming the payment to The ARCHIE Foundation.
10.3. Payment is only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable and no refund will be issued in the event of any such return. If payment is made by credit card, the Buyer will not undertake any action or effort to stop payment, seek a refund, or attempt a charge back of such amounts – or any Credit Card Fee assessed thereon – by the issuer of the credit card.
11. Shipping, Storage, Delivery & Collection
11.1. The ARCHIE Foundation can deliver trees, on request, within the immediate Aberdeen City Boundary area on Wednesday 2nd December 2020 however this MUST be booked in by the Buyer on Tuesday 1st December 2020. Alternative arrangements MUST be agreed as below with The ARCHIE Foundation and all trees MUST be collected by 5pm on Friday 4th December 2020 unless otherwise agreed in writing with The ARCHIE Foundation. Pre-arrangement for collection must include the following details:
11.2. The name of the individual or company collecting the tree – and an agreed form of identification
11.3. The proposed date and time of collection
11.4. The ARCHIE Foundation will then agree the date and time for the collection and send to the Buyer details of the address and collection time and other pertinent information.
11.5. All collections are at the new Buyers’ risk.
12.1. Title of the Lot will pass to Buyer and the Lot will be made available for collection by the Buyer only when The ARCHIE Foundation is completely satisfied that all monies owing have been paid in full.
12.2. In the event of default by the Buyer, The ARCHIE Foundation may take one or more of the following actions:
12.3. The ARCHIE Foundation shall be entitled to retain Lots sold until all amounts due have been received in full in good cleared funds or until the Buyer has performed any other outstanding obligations as The ARCHIE Foundation shall reasonably require.
12.4. In the event that the Buyer fails either to make collection by 5pm on Friday 4th December 2020 OR to agree alternative arrangements with The ARCHIE Foundation, the Buyer will be deemed to have donated the tree back to The ARCHIE Foundation for subsequent auctioning this year or at a later date.
12.5. Except as expressly provided in these Conditions The ARCHIE Foundation shall have no liability to the Buyer in respect of a Lot and all and any implied warranties and conditions are excluded to the fullest extent permitted by law.
13. Intellectual property rights
13.1. The copyright in all images, illustrations and written material produced by or for The ARCHIE Foundation relating to a Lot (including the contents of the Online Auction catalogue), is and shall remain at all times the property of The ARCHIE Foundation and shall not be used by the Buyer, nor by anyone else, without The ARCHIE Foundation written consent. The ARCHIE Foundation make no representation or warranty that the Buyer of a Lot will acquire any copyright or other reproduction rights in it.
14. Events outside our control
14.1. The ARCHIE Foundation will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Conditions that is caused by an event outside its control, that being any act or event beyond The ARCHIE Foundation’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. The ARCHIE Foundations obligations shall be suspended and time for performance extended until such time as the event outside it’s control is over, following which a new collection or shipping date can be agreed.
15. Other important terms
15.1. If any part of these Conditions is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
15.2. The contract is between the Buyer and The ARCHIE Foundation and no other person shall have any rights to enforce any of its terms.
15.3. If The ARCHIE Foundation fails to insist on performance of any of a Buyer’s obligations under these Conditions, or if it delays in doing so, that will not mean that The ARCHIE Foundation has waived its rights against the Buyer and does not mean the Buyer no longer has to comply with those obligations.
15.4. This agreement and conditions are governed by and construed in accordance with Scottish Law and the Parties agree to the exclusive jurisdiction of Scottish Courts.