1. Definitions and interpretation

1.1       To make these Terms and Conditions for the “The Very Very First Online Auction (“Terms”) easier to read, we have given the following words a specific meaning:

‘Auctioneer’ means TURF Cheltenham Community Interest Company registered in England as a private community interest company by guarantee with company number 130114072 whose registered office is at 62 Haywards Road, Cheltenham, GL52 6RH

‘Bidder’ means a person who places a bid for Goods at the online auction;

‘Bidding Platform’ means part of the TURF Website;

‘Buyer’ means the person who makes the Current Highest Bid for the Goods accepted by the Auctioneer;

‘Consumer’ means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;

‘Consumer Contracts Regulations’ means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

‘Current Highest Bid’ means the highest bid made by a Bidder during the Listing Period;

‘Goods’ means the articles that the Sellers consign for sale at the online auction;

‘Hammer Price’ means the level of the highest bid for the Goods when the Listing Period for the respective Lot ends;

‘Listing’ means a listing of articles for sale on the Bidding Platform;

‘Listing Period’ means the periods during which Bidders may place bids to purchase a Lot;

‘Lot’ means articles offered for sale, (articles are either tangible goods or services provided);

‘Price’ means the total of the Hammer Price and delivery costs;

‘Starting Price’ means the starting Price at which the articles may be sold;

‘Sellers’ means the owner of the articles and ‘Seller’ shall be construed accordingly;

‘Principal’ means a person, legal or natural, who authorises an agent to act to create one or more legal relationships with a third party.

‘Terms and Conditions for the “The Very Very First Online Auction’, ‘Terms’ means these terms and conditions;

‘VAT’ means any value added tax (at the rate prevailing at the time of the Hammer Price) which may be applicable to the Lot or Lots sold payable by the Buyer;

‘Website’ means our Website at www.turfcheltenham.co.uk; and

‘The Charity’ means National Star Foundation, Charity Number: 220239. Whose registered office is at Ullenwood Manor, Ullenwood, Cheltenham, Gloucestershire, GL53 9QU

In these Terms the words ‘you’, ‘yours’, etc. refer to you as the Buyer.  The words ‘we’, ‘us’, ‘our’ etc. refer to the Auctioneer. Any reference to a ‘Clause’ is to a clause of these Terms unless stated otherwise.

  1. Information that we are required to give to Consumers

2.1       A description of the main characteristics of a Lot is contained in the Listing for that Lot.

2.2       Our name: TURF Cheltenham Community Interest Company.

Address: Cleeve Hill Hotel, Cleeve Hill, Cheltenham, GL52 3PR

Contact Details: hello@turfcheltenham.co.uk

2.3       The technical means for concluding the contract to buy Lots are set out in Clause 3.

2.4       The Price of the Goods and arrangements for payment as described in Clauses 4, 5, 6 and 9.

2.5       The arrangements for collection of the Goods or provision of services are as set out in the Auction Bid Win Email and in Clauses 10 and 13.

2.6       Your right to cancel your purchase of a Lot and to receive a refund as set out in Clause 11

2.7       We and the Sellers have a legal duty to supply Lots to you in accordance with these Terms.

2.8       If you have any complaints, please send them to us directly to hello@turfcheltenham.co.uk

  1. Bidding procedures and the Buyer

3.1       To bid you must click the Lot image

3.2       Your bid must be above the Current Highest Bid to have a chance of winning the lot.

3.3       Any Bidder may retract a bid prior to the end of the Bidding Period by emailing hello@turfcheltenham.co.uk and if a bid was the Current Highest Bid prior to retraction then the next highest Bid will become the Current Highest Bid

3.4       The Bidder placing the highest bid for a Lot accepted by the Auctioneer will be the Buyer at the Hammer Price. Any dispute about a bid will be settled at our discretion. We will act reasonably when deciding how to settle the dispute.

3.5       The Bidder will be deemed to act as principal, even if the Bidder is acting as an agent for a third party.

3.6       We may refuse to accept any bid if it is reasonable for us to do so.

3.7       We and/or the respective Seller(s) may withdraw any Lot(s) from the auction at any time prior to the end of the Listing.

3.8       We reserve the right to contact the Bidder to discuss the legitimacy and/or authenticity of the bid

  1. The Purchase Price

As Buyer, you will pay:

4.1       The Hammer Price and any VAT on the Hammer Price;

  1. VAT

5.1       If a Seller is charging VAT then the Hammer Price is inclusive of VAT,

5.2       VAT is the rate at the prevailing time.

  1. Order confirmation process

6.1       Once we have received your successful bid on a Lot, an Auction Win Email will be emailed to you. Contained within the email will be details of how to pay for the Lot. Payment must be made within 24 hours of receipt of the Auction Win Email. The contract between the Seller and you (the “Contract”) will be formed when we send you the this email.

6.2       The Auction Bid Win Email will include the following information:

6.2.1    the title of the Lot that you have successfully bid for;

6.2.2    the Hammer Price for the Lot that you have successfully bid for, inclusive of VAT;

6.2.3    confirmation of the arrangements for your payment for the Lot;

6.2.4    details of how to complain, and if you wish to exercise your right to cancel the Contract (see       Clause 11);

6.2.5    details of our legal duty to supply the Lot in conformity with these Terms;

6.2.6    our identity, address, and contact details.

6.3       We reserve the right to cancel the Contract on behalf of the Seller in (amongst others) the following situations, without being liable for any damage or costs:

6.3.1    your contact or billing information is not correct or not verifiable; or

6.3.2    your payment is not received within 24 hours of our acceptance of your bid.

  1. The contract between you and the Seller

7.1       As set out at Clause 6 above, we will confirm acceptance of a successful bid for a Lot to you by sending you an Auction Bid Win Email. The contract for the purchase of the Lot between you and the Seller will be formed when we send you the aforementioned email.

7.2       If you breach these Terms, you may be responsible for damages and/or losses suffered by a Seller or us. If we are contacted by a Seller who wishes to bring a claim against you, we may at our discretion provide the Seller with information or assistance in relation to that claim.

7.3       We act as an agent only and will not have any responsibility for default by the Seller.

  1. Payment

9.1       Within 24 hours of receiving the Auction Bid Win Email you will pay to us the total amount due via the payment link on the email.

  1. Title and delivery of purchases

10.1     Once you have paid us in full the total amount due for any Lot, ownership of that Lot or the right to have a service provided will transfer from the Seller to you. The Seller will not deliver a Lot or provide a service until you have paid for it.

10.2     The Seller, will directly contact the Buyer to arrange the delivery of the Lot or provision of the service.

10.3     In respect of tangible goods, risk of loss or damage to the Lot will pass to you when you (or your guests) take physical possession of the Lot.

10.4     The Seller, will arrange with you the date, time, and location to provide the service. For all services which are undertaken at the Bidders chosen location, the Bidder is referred to the Lot description for details of the distance (time/mileage) that the Seller will undertake to provide the service.

  1. Right to cancel

11.1     If you are contracting as a Consumer, you will have a statutory right to cancel your purchase of that Lot if you change your mind for any reason. The provisions below set out your legal right to cancel. Further advice about your legal right to cancel your purchase is available from your local Citizens Advice or Trading Standards office.

11.2     You may cancel your purchase at any time from the date of the Auction Bid Win Email up to the end of the fourteenth day after the day of delivery of the Lot to you. If the Lot is for a service, the time limit for cancellation is 72 prior to the agreed time for the service. You may not cancel your purchase if the service has already been provided and all or part of the food and/or drink has been consumed.

11.3     To cancel your purchase, you must inform us of your intention to cancel it by email. If you use this method, we will email you to confirm that we have received your cancellation. You can send us an email to hello@turfcheltenham.co.uk. If you send us your cancellation notice by email, then your cancellation is effective from the date you send the email.

11.4     If you exercise your right to cancel your purchase, we, subject to the provisions of clause 12, will refund to you, on behalf of the Seller, the amount that you have paid.

11.5     Details of this statutory right, and an explanation of how to exercise it, are also provided in the Auction Bid Win Email. This provision does not affect your statutory rights.

11.6     The cancellation right described in this Clause is in addition to any other statutory right that you might have to reject a Lot.

  1. Exercising the right to cancel

12.1     Where you have validly cancelled a Lot under your right of cancellation described in Clause 11; we will refund the full amount paid by you for the Lot.

12.2     We will refund you using the same means of payment that you used for the transaction.

12.3     Legal ownership of a Lot will immediately revert to the Seller if we refund any such payment to you.

12.4     For further information on how to return Lots to us, please get in touch with us at hello@turfcheltenham.co.uk

  1. Remedies for non-payment or failure to collect purchases

13.1     Please do not bid on a Lot if you do not intend to buy it. If your bid is successful, these Terms will apply to you. This means that you will have to carry out your obligations set out in these Terms. Subject to any cancellation of a purchase under Clauses 11 and 12, if you do not comply with these Terms the Seller pursue one or more of the following measures:

13.1.1  take action against you for damages for breach of contract;

13.1.2  reverse the sale of the Lot to you and/or any other Lots sold by us to you;

13.1.3  resell the Lot by auction or private treaty (in which case you will have to pay any difference between the Price you should have paid for the Lot and the Price we sell it for as well as the charges outlined in Clause 10.5).  Please note that if we sell the Lot for a higher amount than your winning bid, the extra money will belong to the Seller;

13.1.4  if you do not make any payment within 48 hours we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Lloyds Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount;

13.2     We will act reasonably when exercising our rights under Clause 13.1.  We will contact you before exercising these rights and try to work with you to correct any non-compliance by you with these Terms.

14        Descriptions and condition

14.1     The descriptions of the Lots are based on information provided by the Seller of the Lot (for which the Auctioneer is not liable).

14.2     The images of the Lots on the Website are for illustrative purposes only.

14.3     The Lots are sold ‘as is’.

  1. Warranties, Our disclaimers and liability to you

15.1     The Seller warrants to us and to you that: (i) the Seller is the true owner of the Lot for sale; and (ii) the Seller is able to transfer good title to the Lot to you free from any third-party rights or claims.

15.2     The Website and the Bidding Platform are provided by us or our service providers without any warranties or guarantees. All users of our Website and/or the Bidding Platform bear the risks associated with the use of the internet.

15.3     Both our Website and the Bidding Platform provides content from users, internet sites or resources. While we try to ensure that material included on our Website and/or the Bidding Platform is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. Except as expressly set out herein, we will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems users may experience with the Website and/or the Bidding Platform. If we are informed of any inaccuracies in the material on our Website or the Bidding Platform we will attempt to correct the inaccuracies or ask our service providers to do so as soon as we reasonably can.

15.4     You acknowledge that the Website and the Bidding Platform are provided as is for public use, subject to registration. Registration is free of charge and as such we have no responsibility to users of our Website and/or the Bidding Platform for any downtime or errors on our Website or the Bidding Platform. If, because of errors on our Website and/or the Bidding Platform an auction cannot be completed, our only responsibility to you is to enable Sellers to re-list Goods once our Website and/or the Bidding Platform is back up. In particular, we will not be liable for any loss of opportunity or disappointment suffered as a result of participating in our online auction. We will not be liable for any loss of opportunity or disappointment suffered as a result of participating in our online auction.

15.5     In addition, neither we nor the Seller shall be responsible to you and you shall not be responsible to the Seller or us for any loss or damage any of us suffer that is not a foreseeable result of any of us not complying with the Terms. Loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale of the Lot, we, you and the Seller knew it might happen.

15.6     Subject to Clause 15.7, if we are found to be liable to you for any reason (including, amongst others, if we are found to be negligent, in breach of contract or to have made a misrepresentation), our liability will be limited to the total purchase Price paid by you for any Lot.

15.7     Notwithstanding the above, nothing in these Terms limits the liability of us or employees or agents for:

15.7.1  death or personal injury resulting from negligence of our employees, agents or subcontractors;

15.7.2  fraud or fraudulent misrepresentation; or

15.7.3  any liability which cannot be excluded by law.

  1. Consumer Rights

16.1     If you purchase a Lot as a Consumer, a number of additional terms may be implied by law in addition to the Seller’s warranties (in particular under the Consumer Rights Act 2015). These Terms do not seek to exclude your rights under law. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

  1. Notices

17.1     Any notice given to a party under or in connection with this Agreement shall be in writing and shall be sent by email to the address provided by each party.

17.2     Any email notice shall be deemed to have been received at the time of transmission.

17.3     This clause 17 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

  1. Data Protection

We will only use your personal information as set out in these Terms for the purposes of this auction.

  1. General

19.1     We may, acting reasonably, refuse to allow you to bid at our online auction.

19.2     We act as an agent for the Sellers. The right to claim against you for the breach of these Terms may be used by either of us, our employees or agents, or the Seller, its employees or agents, as appropriate. Other than as set out in this Clause, these Terms are between you and us and no other person will have any rights to enforce any of these Terms.

19.3     We may use specific terms in the Listing for particular Lots.  You must read these terms carefully.

19.4     Each of the clauses of these Terms operates separately.  If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

19.5     We may change these Terms from time to time, without notice to you. Please read these Terms carefully, as they may be different from the last time you read them.

19.6     Except as otherwise stated in these Terms, each of our rights and remedies are:

19.6.1  are in addition to and not exclusive of any other rights or remedies under these Terms or general law; and

19.6.2  may be waived only in writing and specifically. Delay in exercising or non-exercise of any right under these Terms is not a waiver of that or any other right.  Partial exercise of any right under these Terms will not preclude any further or other exercise of that right or any other right under these Terms. Waiver of a breach of any term of these Terms will not operate as a waiver of breach of any other term or any subsequent breach of that term.

19.8     These Terms and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed in accordance with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

19.9     The Auction is for the benefit of the Seller and the Buyer.

19.9.1  However, the Seller may decide to donate the sum of 5p per £1.00 from the Hammer Price to the Charity,

19.9.2  The Seller will confirm to Auctioneer the amount to be retained and donated to the Charity,

19.9.3  Making a donation to the Charity is not a prerequisite to entering a Lot in the auction,

19.9.4  The donation will be made from the bank account of the Auctioneer.

Cancellation Email Template

(Email a completed template only if you wish to withdraw from the contract)

I/We hereby give notice that I/We cancel my contract of sale of the following goods,

Brief description of Lot:                      ………………………………

Bid successfully for on:                       ………………………………

Name, Phone No, Address:                ………………………………

Successful bid price                            …………………………………

Seller Venue                                        …………………………………