AUCTION TERMS AND CONDITIONS (“TERMS AND CONDITIONS”)
These Terms and Conditions of Sale (“Conditions”) set out the legal relationship between the Buyer and Whizz Kidz. By registering to bid and participate in this Auction, you will be deemed to have read and agreed to be bound by these Conditions and the Buyer’s Guide. Full terms and conditions and more information on the auction can be found on the website here: https://www.morphsadventurelondon.com/events/charity-auction-2023/
If you do not agree to be bound by these Terms and Conditions, you may not use the Bidding Facility (Givergy) or bid at the Live Auction.
1.Interpretation
In the event of any conflict between these Conditions and the Buyer’s Guide, these Conditions shall take precedence.
2. Definitions
Auction An online and live sale auction hosted by Whizz Kidz
Bidder Any person, who makes or considers making 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 auctioneer or Givergy, the online platform
Guarantee of Authenticity Whizz Kidz guarantee that the sculptures sold at the auction are the Morph’s Epic Art Adventure in London Sculptures created by artists displayed at the event and sold to raise money for Whizz Kidz
Hammer Price The highest bid for a Lot accepted by the auctioneer at the Auction or Online, via Givergy
Lot Individual item listed in the Auction Catalogue and online on the Morphs Epic Art Adventure in London Auction site, hosted by Givergy
Purchase Price The Hammer Price.
3. Catalogue descriptions and condition of Lots
3.1. 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’.
3.2. Whizz Kidz cannot guarantee that colours are properly shown in the Auction catalogue. All Lots are sold ‘as is’.
3.3 Each Lot consists of the Morph Sculpture only. This does not include a Plinth. If you would like to enquire about purchasing a plinth, please contact us on morph@whizz-kidz.org.uk. Please note there are a limited number of plinths available.
4. Before the Auction
4.1. Every Bidder must register with Whizz Kidz in accordance with the Buyer’s Guide, see Bidder Registration section 3.1. Personal information shall be used only in accordance with Condition 7 below.
4.2 Every Live Bidder must complete the Bidder Registration Form at least 72 hours before the Live Auction. This will be sent to you ahead of the Auction. If you are an Online bidder, you must register with Givergy here: https://www.morphsadventurelondonauction.com/
5. At the Auction
5.1. Whizz Kidz and The Auctioneer reserves the right to refuse admission and/or participation at the Auction and to reject any bid. Bids may not be accepted from unregistered bidders and all Bidders must be 18 or over.
5.2. All bids must be made in Pounds Sterling. The auctioneer has the right to exercise reasonable discretion in refusing any bid, advancing the bidding in such a manner as he may decide, and in the case of error or dispute, and whether during or after the sale, determining the successful Bidder, continuing the bidding, cancelling the sale or reoffering and reselling the Lot in dispute. If any dispute arises after the sale, then, in the absence of any evidence to the contrary the sale record maintained by the auctioneer and Whizz Kidz will be conclusive.
5.3. 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). A successful Bidder will be deemed to be the Buyer unless it has been explicitly agreed in writing with Whizz Kidz or via the Bidders Registration Form before the start of the Auction that the Bidder is acting as agent on behalf of an identified third party acceptable to Whizz Kidz (and registered with Whizz Kidz), and only then will Whizz Kidz regard that third party as the Buyer. In such circumstances, the Bidder acting as agent confirms that they are authorised to bind the third party and that the Buyer has been made aware of and accepts these Conditions.
5.4. Whizz Kidz will use reasonable efforts to execute written bids delivered before the Auction for Bidders unable to attend the auction in person, by an agent or by telephone or online. All such written bids must be made on Bidder Registration Form 72 hours before the Live Auction.
5.5. If Whizz Kidz receives written bids on a particular Lot for identical amounts, and at the auction these are the highest bids on the Lot, it will be sold to the person whose written bid was received and accepted first.
5.6. Online bidding at the Auction is made available via third party service providers, Givergy, and use of their services and all online bidding is subject to their respective terms of use.
5.7. The Auction will be tracked on a video or digital screen, which may display, among other things, a photograph of the Lot offered for sale. Bidders understand and agree that errors may occur in its operation and, except as expressly stated in the Buyer’s Guide or these Conditions, Whizz Kidz shall have no liability arising out of or related to any errors or omission in respect thereto.
5.8. By participating in and/or attending the Auction and signing the Bidder Registration form, each person consents to be filmed and/or photographed and agrees and authorises Whizz Kidz to use and publish such film and/or photographs, name and likeness for use in (1) providing online access to the Auction, (2) recording the results of the Auction, (3) print, digital, online and all other media for marketing purposes (including without limitation, on Whizz Kidz’ website, Facebook Live, YouTube and other online platforms) and (4) in any other Whizz Kidz publications of whatever nature. The participant releases Whizz Kidz and holds them harmless from any reasonable expectation of confidentiality or privacy associated with such images and releases Whizz Kidz and any third parties involved in the making, creation or publication of the images or any marketing or other materials from all and any liability for claims made in respect of such publication. Publication of the images in whatever format confers no right of ownership on the individual or right to royalties or payment.
5.9. The highest bid accepted by the auctioneer will be the Buyer and the striking of his hammer marks the acceptance of the highest bid and the conclusion of a contract for sale between the Seller and the Buyer. Risk and responsibility for the Lot passes to the Buyer at the point of sale on the date of sale and the Buyer should arrange insurance cover for the Lot if required.
6. After the Auction
6.1. Whizz Kidz will raise invoices for each successful Bid on the night of the Auction and these will be given to the successful Bidders by hand.
6.1.1 If the Buyer is an online participant, Givergy will process payment, unless the Buyer requests an invoice from Whizz Kidz. Please email morph@whizz-kidz.org.uk if this is required.
6.2. Unless a different arrangement has been agreed by Whizz Kidz, payment is due within 5 working days of receipt of invoice and must be made by the Buyer. Payments from any other source will not be accepted.
6.3. Title in the Lot will pass to Buyer and the Lot will be made available for collection by the Buyer only when Whizz Kidz is completely satisfied that all monies owing have been paid in full.
6.4. Payment must be in Pounds Sterling and may be made by electronic transfer, debit card, credit card (up to a maximum of £25,000) bankers draft or cash (up to a maximum of £5,000). Please quote the Lot number, invoice number and Bidder registration number when making payment to ensure it can be processed as efficiently as possible.
6.5. Credit card payments are only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable and no charge card credit or refund may be issued in the event of any such return. If payment is made by credit card, 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.
6.6. The Buyer will not acquire title to the Lot until all amounts due to the Whizz Kidz from the Buyer have been received by Whizz Kidz in cleared funds even in circumstances where Whizz Kidz has released the Lot to the Buyer.
6.7. In the event of default by the Buyer, Whizz Kidz may take one or more of the following actions:
6.7.1. hold the Buyer liable for the total amount due and commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
6.7.2. cancel the sale;
6.7.3. resell the Lot publicly or privately on such terms as Whizz Kidz shall think fit;
6.7.4 take such other action as Whizz Kidz deem necessary or appropriate. If Whizz Kidz resells the Lot under condition 6.7.3 above, the Buyer shall be liable for payment of any deficiency between the total amount originally due to Whizz Kidz and the amount received upon resale as well as all reasonable costs, expenses, damages, legal fees and commissions and premiums of whatever kind associated with both sales or otherwise arising from the default.
6.8. Whizz Kidz 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 Whizz Kidz shall reasonably require. Subject to this, the Buyer shall collect, or have shipped or collected for shipment, purchased Lots within 10 working days from the date of the sale unless otherwise agreed between Whizz Kidz and the Buyer. Please see further details in the Buyers Guide, section 3.3, for information on Whizz Kidz’ deliver partner.
6.9. It is the Buyer’s sole obligation and responsibility to be aware of, to comply with, and to pay for all relevant import duties, taxes, VAT, customs and other fees charged in the Buyer’s local jurisdiction. The Buyer understands and agrees that Whizz Kidz shall have no obligation or responsibility for any import duties, taxes, VAT, customs, shipping or other charges for the Lots shipped. Failure by the Buyer to pay all necessary amounts may result in the relevant authorities returning the Lot to Whizz Kidz and in those circumstances the Buyer will be charged and will pay storage costs and Whizz Kidz’ additional reasonable costs and expenses.
6.10. It is the Buyer’s responsibility to ensure that any Lot purchased from Whizz Kidz enters the shipping location lawfully, that all duties and taxes have been paid and that all required export procedures, regulations, and laws were properly complied with. The Buyer understands and agrees that Whizz Kidz shall have no obligation or responsibility for complying with any export procedures, regulations, or laws applicable to the Lot.
6.11. If the Buyer wishes to apply for an export licence this does not affect or postpone the Buyer’s obligation to make payment in accordance with Whizz Kidz’ payment terms nor Whizz Kidz’ right to charge interest or storage charges on late payment.
7. Data Protection and Use of information
7.1 By bidding online, via the Givergy platform, or registering your interest to attend the Live Auction via Jotform you are consenting to allow Whizz Kidz (registered charity number 802872) to contact you about the Morph’s Epic Art Adventure in London Auction and to process your personal data for the purposes of administering the Morph’s Epic Art Adventure in London Auction.
After the Morph’s Epic Art Adventure in London Auction Whizz Kidz may get in touch using the contact details you provide to ask if you would like to hear from Whizz Kidz in the future. If you would prefer not to be contacted for this purpose, please email data.protection@whizz-kidz.org.uk using the subject line ‘MORPH AUCTION STOP CONTACT’
7.2 If you indicate that you may want to make a Telephone Bid or an Absentee/Proxy Bid, you are also consenting that this information will be provided to The Auctioneers for the purposes of administering the Morph’s Epic Art Adventure in London Auction.
7.3 Please see the Privacy Notices below for further infromation:
Whizz Kidz: www.whizz-kidz.org.uk/privacy
Givergy: https://www.givergy.com/uk/privacy-notice/
Jotform: https://www.jotform.com/privacy/
You can change your preferences at any time by contacting Whizz-Kidz us at Data.Protection@whizz-kidz.org.uk.
8. Terms of Guarantee of Authenticity
8.1. Whizz Kidz guarantee that the sculptures sold at the auction are the Morph’s Epic Art Adventure in London Sculptures created by artists for the purposes of raising money for Whizz Kidz.
8.2. Except as expressly provided in these Conditions Whizz Kidz 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.
9. Intellectual property rights
9.1. The copyright in all images, illustrations and written material produced by or for Whizz Kidz relating to a Lot (including the contents of the Auction catalogue), is and shall remain at all times the property of Whizz Kidz and shall not be used by the Buyer, nor by anyone else, without Whizz Kidz’ written consent. Whizz Kidz make no representation or warranty that the Buyer of a Lot will acquire any copyright or other reproduction rights in it.
10. Events outside our control
10.1 Whizz Kidz 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 Whizz Kidz’ 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. Whizz Kidz’ obligations shall be suspended and time for performance extended until such time as the event outside its control is over.
11. Other important terms
11.1. 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.
11.2. The contract is between the Buyer and Whizz Kidz and no other person shall have any rights to enforce any of its terms.
11.3. If Whizz Kidz 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 Whizz Kidz has waived its rights against the Buyer and does not mean the Buyer no longer has to comply with those obligations.
11.4. This agreement and conditions are governed by and construed in accordance with English law and the Parties agree to the exclusive jurisdiction of courts of England.