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MONEY MOUNTAIN AUCTION GUIDELINES

1. British Broadcasting Corporation ('the ´óÏó´«Ã½')

1.1Ìý Proceeds of this auction, conducted by ´óÏó´«Ã½ Radio Derby on behalf of the Money Mountain charity trust will be donated to Money Mountain (Registered charity No. 1103168).

2. Items and Donors

2.1 All the goods are accepted by us in good faith from donors as being brand new except when stated i.e. a football shirt worn by a player.

2.2 The auction lots are all goods or services donated by businesses, other organisations and individuals. Each item is allocated a lot number for ease of identification.

2.3 At the time the lot is offered a description of the goods is given on-air plus who donated it and an approx. value (if possible).

2.4 When goods or services are donated for auction that have not been seen by us, the ´óÏó´«Ã½ requests a description of the item.Ìý A letter containing the description to be used on-air is sent back to the donor to seek confirmation that this information is accurate.Ìý This agreed description is then used during the auction.

3. Legal capacity

3.1 Only individuals who can lawfully enter into and form contracts under applicable law may bid for and buy the Items. In all cases bidders must be at least 18-years-of-age

4. Legal status of bids

4.1 Each placement of a bid, will constitute a legal offer which, on acceptance by the ´óÏó´«Ã½, will form an agreement which will be binding on the bidder.

4.2 For the avoidance of doubt and as set out in clause 5.4 below, all bids will remain valid until payment for the items has been received.

5. Bidding process

5.1 The winning bid in the Auction will be the highest bid which exceeds any reserve price applied and meets any other conditions which may be applicable ('the Winning Bid').

5.2 If a bid is followed by a higher bid that is later removed by the ´óÏó´«Ã½ for any reason, it will be open to the ´óÏó´«Ã½ to accept the earlier bid, as though the higher bid had never been made.

5.3 A bid should only be regarded as a winning bid when notified by the ´óÏó´«Ã½. This will be done when the bidder is telephoned to confirm the amount of the Winning Bid, details of the items, and to arrange payment and delivery.

5.4 If there is a problem with payment by the successful bidder of the amount of the Winning Bid, the ´óÏó´«Ã½ reserves the right to offer the Goods to the next highest bidder.

5.5 When payment is received by Money Mountain the Auction will close and all unsuccessful bids will lapse.

5.6 The ´óÏó´«Ã½ reserves the right to refuse or remove bids in its absolute discretion.

5.7 The ´óÏó´«Ã½ 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 ´óÏó´«Ã½ or issues involving a donor of the items (such as any decision by the donor to remove its items 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 bidders, the ´óÏó´«Ã½ is under no obligation to become involved in such a dispute. The ´óÏó´«Ã½, its officers, employees and agents and the donors are hereby released from any claims, demands or damages arising out of or in connection with any such disputes.

5.9 The bidding will commence when an item is offered on Radio Derby for auction and closes when it is ‘knocked down’ on-air by the auctioneer. Any bid received at any time after the stated close of bidding will not be accepted.

5.10 When an item is being auctioned on-air, bids are only accepted by telephone at the time the specific lot is being offered. Bids are only accepted on the dedicated auction number (Derby 340000).

5.11 If there are two highest bids for the same amount (this can happen when the auction is moving very quickly) both parties will be phoned back to explain what’s happened and invite a higher bid. The telephone supervisor will then oversee a mini-auction (by telephone) until there is one successful highest bidder.

5.12 The successful bidder will receive: The item as described on-air or a bearer bond for the goods or services auctioned. The item will be handed over once payment has been made (and if by cheque once it has cleared through the banking system).

5.13 Listeners/Bidders will be notified about the items in advance and what will be coming up in each hour of the auction.Ìý

5.14 If a bidder is not happy with an item, then it is offered to the next highest bidder, but neither is required to honour the pledge. Successful bidders are required to collect their items once paid for.

5.15 The ´óÏó´«Ã½ sets self-imposed time limits on-air for the auction of a lot depending on the value of the item and intensity of bidding.

5.16 Listeners/bidders will occasionally be reminded on-air that there are strict terms and conditions for the auction. They will be referred to the ´óÏó´«Ã½â€™s Website for Derbyshire and a free paper version (available for collection from ´óÏó´«Ã½ Radio Derby’s reception) for full details.

5.17 No-one involved in the auction is permitted to bid for lots during their shift and bids are never accepted from inside the auction room. This is made clear to everyone before they take part.

6. Items

6.1 Items bought through the auction are non-refundable and non-exchangeable, save as set out in clause 11 below. The ´óÏó´«Ã½ cannot guarantee the condition, content or suitability of the items.

6.2 Bidders acknowledge that all information that is provided as a description of the Items is reproduced by the ´óÏó´«Ã½ in good faith and is consistent with information supplied to the ´óÏó´«Ã½. As such, the ´óÏó´«Ã½ cannot be held responsible for inaccurate or misleading descriptions.

6.3 The ´óÏó´«Ã½ shall have the right to substitute Items of a similar description and standard if for any reason the relevant Items are not available and if it wishes to do so.

7. Payment

7.1 Payment must be made by cash or cheque with a bank guarantee card to Money Mountain. Full details of payment procedures will be given to the winning bidder.

7.2 Payment must be received within 6 weeks of the winning bidder receiving confirmation that the bid is the winning bid. If the item has not been paid for within that time the highest bidder is given one final opportunity to pay, before it is offered to the next highest bidder.

7.3 Unless otherwise agreed by the ´óÏó´«Ã½, Items will not be released to you until payment has been received and cleared funds have been received.

8. Currency

8.1 The auction will be conducted in pounds Sterling.

8.2 Although the ´óÏó´«Ã½ and Money Mountain believes that it is 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.

9. Delivery

9.1 Further to clause 7.3, you acknowledge that the amount of the Winning Bid does not include the costs of delivery.

10. Liability

10.1 The ´óÏó´«Ã½ 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.

10.2 The ´óÏó´«Ã½ will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.

10.3 Except as specifically set out in this Agreement, the ´óÏó´«Ã½ 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 Items available, to the full extent permitted by English law.

10.4 Neither the ´óÏó´«Ã½, nor Money Mountain, 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 ´óÏó´«Ã½, Donors or the telephone system.

10.5 Neither the ´óÏó´«Ã½, nor Money Mountain, 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 items purchased by you.

10.6 Without prejudice to any of the foregoing, you agree that, if the ´óÏó´«Ã½ is held to have any legal liability, the ´óÏó´«Ã½ 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.

10.7 Nothing in this Agreement shall purport to exclude liability for death or personal injury where such has been caused by the negligence of the ´óÏó´«Ã½.

11. Data Protection

11.1 The ´óÏó´«Ã½ 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 ´óÏó´«Ã½ and will only be used by the ´óÏó´«Ã½ 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.

11.2 If necessary, the ´óÏó´«Ã½ 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.

12. Severability

12.1 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.

13. Third Party Rights

13.1 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.

14. Limitation

14.1 All bidders 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.

15. Jurisdiction

15.1 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.

Access to and participation by you in the Auction is confirmation that you have understood and accepted the above Terms and Condition