The goods or services offered for auction (the "Auction Items", each an "Auction Item") will be sold by Haven House Foundation, a company registered in England and Wales under number 03000171 ("HH") through separate auction-style listings (the "Auctions", each an "Auction").

Haven House Foundation is a charity registered with the Charity Commissioners under number 1044296 (the "Charity").

By bidding in an Auction you agree to be bound by the terms and conditions set out below ‘the Agreement’. If you do not agree with any of the terms of this Agreement do not bid in an Auction.

1. Interpretation

Definitions.
In these Conditions, the following definitions apply:

  • Additional Conditions any conditions other than those set out in this Agreement which may be specific to an Auction Item, including but not limited to any minimum bid or reserve requirements.
  • “Auction End” - the time, as determined in accordance with this Clause 5, at which the Auction terminates and after which no further bidding can take place.
  • “Delivery Charges” - costs of transport, storage, packing or insurance in respect of the relevant Auction Item where applicable
  • “Donor” - the third party who has donated the Auction Item for the purpose of raising funds for the HH
  • “HH Notification” - The notification sent by HH that a bid is successful confirming the details of the relevant Auction Item, the Price, Delivery Charges, arrangements for payment arrangements and delivery by a third party
  • “IP Rights” - registered names, registered and unregistered trade marks, business names and logos of HH and other organisations and all intellectual property rights in respect of these, and the appearance and design of the HH website and the materials and contents displayed on the HH website.
  • “Price” - the amount of the Winning Bid
  • “Winning Bid” the winning bid as notified by the HH Notification to you subject to the terms of clause 9

1.1 Construction.
In these Conditions, the following rules apply:

1.1.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality)

1.1.2 A reference to a party includes its personal representatives, successors or permitted assignees.

1.1.3 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted

1.1.4 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms

1.1.5 A reference to writing or written includes faxes and e-mails

1.1.6 References in this Agreement to the singular will include references to the plural (and vice versa) and references to any one gender will include reference to other genders.

2 Legal Capacity

Only persons who can lawfully enter into and form contracts under the applicable law may bid for and buy the Auction Items. In all cases you must be at least 18 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).

3 Legal Status of Bids

3.1 Whenever you place a bid for an Auction Item, this will constitute a legal offer. As such, the bid may not be withdrawn after it is placed.

3.2 Unless the transaction is prohibited by law or by this Agreement, as a buyer, you have a legal obligation to complete a sale and purchase transaction with HH in respect of the relevant Auction Item if you submit the Winning Bid.

3.3 You acknowledge that, in accordance with Clause 4.7, each bid made by you will remain valid until either;

3.3.1 it lapses in accordance with Clause 5.4;

3.3.2 or payment of the Price and the Delivery Charges has been received by HH in respect of the relevant Auction Item. When such payment has been received by HH, all unsuccessful bids will lapse.

4 Bidding Process

4.1 Bids may only be submitted in the manner advertised in the auction publicity.

4.2 If you place a bid on behalf of another party, you warrant that you have express authority to make that bid and where you do not have such authority you agree that the contract shall be with you personally.

4.3 Bids will not be accepted unless they are at least £5 higher than the current highest bid.

4.4 To be the Winning Bid in an Auction for a particular Auction Item:

4.4.1 You and the bid must meet Additional Conditions associated with an Auction Item;

4.4.2 and the bid must not have been refused or removed by HH in accordance with the terms of this Agreement;

4.4.3 Subject to clause 4.7 the bid must be the highest bid submitted before the Auction End as defined by Clause 5 below.

4.5 If any Additional Conditions apply, they will be published alongside the description of the relevant Auction Item. You hereby agree to any Additional Conditions in addition to the terms of this Agreement. 

4.6 HH reserves the right to refuse or remove bids in its absolute discretion. 

4.7 If in an Auction, your bid is followed by a higher bid which is later removed by HH for any reason or if HH is permitted to re-sell pursuant to 9.1.5 for failure to pay, it will be open to HH to accept your bid, as though the higher bid had never been made, and your bid will be deemed to be the Winning Bid under Clause 4.4.

4.8 If your bid is successful, HH will send the HH Notification to you using the details provided by you before, during or immediately after the Auction.

4.8.1 It is your responsibility to ensure that the details provided by you for HH Notification is accurate.

4.8.2 HH accepts no liability whatsoever for losses caused as a result of you providing inaccurate or incomplete contact details for HH Notification.

4.9 The Contract for Sale is made when the HH Notification is sent to you. You shall be obliged to pay the Price and any Delivery Charges in accordance with Clause 7.

5 Auction End

5.1 Subject to the clauses below, the Auction End shall be on the date and time as advertised by HH in advance on the Auction’s description as set out at the start of the Auction.

5.2 HH reserves the right to close any of the Auctions early or to extend any of the Auctions at any time and at its discretion. An Auction may be delayed because of, amongst other things, technical difficulties experienced by HH.

5.3 HH reserves the right to cancel any of the Auctions for any reason, including but not limited to technical difficulties experienced by HH or issues involving the Donor of the relevant Auction Item (such as any decision by such Donor to remove the Auction Item from the relevant Auction).

5.4 Further to Clause 5.3 above, if an Auction is cancelled for any reason, all bids for the relevant Auction Item will lapse. If an Auction which has been cancelled by HH is subsequently re-activated by HH, all previous bids will lapse and bidding will recommence.

5.5 If there is a dispute between you and another bidder, HH is under no obligation to become involved in such dispute. You hereby release HH, its officers, employees and agents and the Donor from any claims, demands or damages arising out of or in connection with any such disputes.

6 Auction Items

6.1 Auction Items that are successfully bid for are non-refundable and non-exchangeable. 

6.2 HH cannot guarantee the condition or suitability of the Auction Items or the fitness of the Auction Items for the stated purpose.

6.3 You acknowledge that the Auction Items may differ slightly from the photographic images displayed on the HH website or any Auction publicity material.

6.4 HH assumes no risk, liability or responsibility for the authenticity or the authorship of the Auction Items (that is, the identity of the creator or the period, culture, source or origin, as the case may be, with which the creation of any property is identified herein)

6.5 You acknowledge that all information that is provided as a description of each of the Auction Items is reproduced by HH in good faith and is consistent with information supplied to HH. As such, HH does not make or give and does not agree to make or give any representation of fact, undertaking, obligation, guarantee, contractual promise or warranty or undertake any duty of care of any kind or nature, expressed or implied, in relation to any description (which shall include, inter alia, physical condition, size, quality, rarity, importance, genuineness, attribution, authenticity or provenance) of any of the Auction Items or any estimate in relation to any of the Auction Items, nor in relation to satisfactory quality of any Auction Items or their fitness for purpose.

7 Payment

7.1 Payment must be received by cheque (this must be backed by a cheque guarantee card), debit card, credit card or BACS.

7.2 The Price and any Delivery Charges must be paid to HH within a maximum of 30 days from the HH Notification. However, HH may request payment at an earlier date.

8 Risk and Title

8.1 Title to the relevant Auction Item remains in and is retained by HH until the Price and any Delivery Charges have been paid in full and received in cleared funds by HH. Unless otherwise agreed by HH, the relevant Auction Item will not be released to you until this time.

8.2 Risk in the relevant Auction Item passes to you once you have received the HH Confirmation. HH will thereafter not be responsible for the relevant Auction Item and you will indemnify HH and keep HH fully indemnified from and against all claims, proceedings, costs expenses and losses arising in respect of any injury, loss or damage caused to the relevant Auction Item after such HH Notification until you obtain full title to the relevant Auction Item or it is re-sold in accordance with Clause 9.1.5.

9 HH’s rights

9.1 If the foregoing conditions and any Additional Conditions are not complied with, without prejudice to any other remedies available to HH by law, which for the avoidance of doubt includes the right to take legal proceedings against you for any sum due under the Contract for Sale and/or for damages for breach of contract, HH, at its sole discretion, is entitled to exercise one or more of the following rights:

9.1.1 to terminate the Contract for Sale immediately for breach of contract;

9.1.2 to retain possession of the relevant Auction Item;

9.1.3 to be paid interest on any monies due under the Contract for Sale at the annual rate 5% per annum above the base rate of National Westminster Bank Plc from time to time to be calculated on a daily basis;

9.1.4 to retain as liquidated damages all payments made by you; or

9.1.5 to re-sell the relevant Auction Item by any means to any third party on seven days’ written notice to you of HH’s intention to re-sell. In particular, if you have breached the payment obligations set out in Clause 7, or have failed to comply with any Additional Conditions by the date and time set out therin, HH is entitled to accept the bid of the next highest bidder in the relevant Auction.

9.2 If HH exercises its right to re-sell under paragraph 9.1.5 above, you will be liable to HH for payment of any shortfall between the Price you were due to pay and the sum of the price achieved upon resale, all other charges due hereunder and any incidental damages. HH is under no obligation to achieve an optimum or fair market value for the relevant Auction Item upon resale.

9.3 You will indemnify HH against all legal and other costs of enforcement, all losses and other expenses and costs incurred by HH (whether or not court proceedings will have been issued) as a result of HH taking any of the steps under Clause 10.1.

10 Currency

All prices will be in pounds Sterling and payments must be received 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.

11 VAT

11.1 "VAT" means value added tax as provided for in the Value Added Tax Act 1994 and any other tax of a similar nature.

11.2 Although HH believes that it is exempt from paying VAT for the purposes of the Auctions, if this position should change, the Price and any Delivery Charges shall be exclusive of any applicable VAT.

12 Delivery

12.1 You acknowledge that the Price does not include Delivery Charges. Any such additional charges will be notified to you by and agreed in advance with HH.

12.2 HH is not liable for any duty or seizure costs incurred during international delivery of any Auction Items.

12.3 A signature may be required upon delivery. Damages to or loss of the Auction Items during transit are not the responsibility of HH.

12.4 Delivery of the Auction Items is subject to delivery by the Donor. In the event that delivery does not occur at all for whatever reason, you agree that your sole remedy will be to receive a refund of any payment received by HH from you.

13 Data Protection

13.1 HH complies with the provisions of the Data Protection Act 1998 in processing personal information. As such, your personal information will be held confidentially by HH and will only be used by HH or disclosed to a third party (such as the Donor) if such use or disclosure is required for the purposes of this Agreement or as otherwise instructed by you.

13.2 If necessary, HH 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.

14 Liability

14.1 HH endeavours to ensure that the Auction information and other material the HH website are correct and complete, but does not accept liability (except as set out below) for any errors in or omissions.

14.2 HH will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.

14.3 Except as specifically set out in this Agreement, HH 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 Auction Items available, to the full extent permitted by English law.

14.4 HH shall not 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 Auction Items purchased by you.

14.5 Without prejudice to any of the foregoing, you agree that HH will only be liable for direct loss up to a maximum total of the amount paid by you for the relevant Auction Item(s) in respect of any one incident or series of incidents attributable to the same cause.

14.6 Nothing in this Agreement shall purport to exclude liability for death or personal injury where such has been caused by the negligence of HH or for any other liability to the extent which it cannot be lawfully excluded.

15 Severability

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

16 Third Party Rights

This Agreement does not create or confer any rights under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to this Agreement.

17 Limitation

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 the purchase of Auction Items, use of the HH website or this Agreement must be filed within one (1) year after such claim or cause of action arises or be forever barred.

18 Waiver

Failure by HH to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.

19 Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall be courts of competent and exclusive jurisdiction. Every Auction shall be deemed to be performed in England.

HH may alter the terms of this Agreement at any time and from time to time without prior notice to you or your consent by including a revised version on the HH website. Accordingly, you should ensure that you regularly review the Agreement on the HH website to keep you informed of such changes.