These terms and conditions (the “Terms and Conditions”) together with any specific terms and conditions set out in the Auction Catalogue govern any participation in this charitable auction and charitable silent auction (the“Auctions”). By bidding in the Auctions, you expressly agree to be bound by these Terms and Conditions.
In addition to reading the Terms and Conditions, please ensure that you read the description of the item (“Lot”) which you are bidding for as it may include specific terms in respect of that Lot.
1. The Game & Wildlife Conservation Trust
The proceeds of the Auctions will be donated to the Game & Wildlife Conservation Trust (the “Promoter”).
The Promoter is a UK Charity (registered in England and Wales: 112023 and in Scotland: SC038868) conducting conservation science to enhance the British countryside for public benefit. It has its principal office at Burgate Manor, Fordingbridge, Hampshire SP6 1EF.
2. The auctions and bidding process
- 2.1 The Auctions will run from early April and will conclude with a live event held at Prestonfield House Hotel, Edinburgh, on 2 May 2019 (the “Term”).
- 2.2 Individuals wishing to place a bid (each a “Participant”) prior to the live event can do so from the beginning of the Term by:-
- 2.2.1 accessing the Auction website, www.gwctscottishauction.co.uk (the “Site”) from which the Participant will be directed to place their bid; or
- 2.2.2 contacting the Auction manager by mail, email or fax using the form provided on the Site.
- 2.3 In order to place an online bid, Participants will be required to complete a registration form. Details can be found on the Site.
- 2.4 Participants will receive a confirmation email following the placement of any bid in accordance with conditions 2.2.1 or 2.2.2. Participants will also receive an email should they be outbid on any Lot.
- 2.5 Online bidding for the live auction will close at 12 noon on 2 May, when all bids will be carried through the event, however online bidding for the silent auction will continue throughout the event until 11pm on 2 May.
- 2.6 The winning bid for an individual Lot will be the highest bid subject to any conditions which may be applicable to the individual Lot (the “Winning Bid”).
- 2.7 The Promoter reserves the right to close the Auctions early or to extend them at any time and at its discretion.
- 2.8 Further to clause 2.7 above, if the Auctions are cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.
- 2.9 The auctioneer and/or chairman reserve the right to refuse any bid that is less than 70% of the guide price for all Lots.
3. The silent auction
The following terms apply exclusively to those Lots which fall within the silent auction:-
- 3.1 During the live event, Participants will be provided with electronic devices in order that they may bid for any Lot(s) included in the silent auction. Bidding can also be carried out on smartphones via www.gwctscottishauction.co.uk
- 3.2 The incremental increase for Lots in the Silent Auction is a minimum of £10 per bid.
- 4.1 All Lots that are offered for auction have been offered by third parties (each a “Donor”) for the sole purpose of raising funds for the Promoter.
- 4.2 Lots are donated with the expectation that Participants will respect the donors’ generosity and abide by local rules and conditions.
5. Legal capacity
Only individuals or organisations who can lawfully enter into and form contracts under the applicable law of the jurisdiction in which they are resident or registered may bid for and buy the Lots. In all cases, bidders must be at least 18 years of age.
6. Legal status of bids
Each placement of a bid will constitute a legal offer which, on acceptance by the Promoter, will form an agreement which will be binding on the Participant.
- 7.1 The Auction Catalogue (the “Catalogue”), available online and in print, contains a detailed description of each individual Lot.
- 7.2 Participants acknowledge that information provided as a description of any individual Lot is reproduced by the Promoter in good faith and is consistent with information supplied to the Promoter. As such, the Promoter cannot be held responsible for inaccurate or misleading descriptions.
- 7.3 The Promoter shall have full discretion to refuse any bidding, to divide any Lot, to combine any two or more lots and to withdraw any Lot or Lots from the Auction without in any case giving reason.
- 7.4 The Promoter shall have the right to substitute Lots of a similar description and standard, if for any reason the relevant Lot is withdrawn by the Donor or for any other subject to the Promoter acting reasonably.
- 7.5 In the event of such a substitution before the close of the Auctions, a bidder may withdraw a bid by notice to the Promoter, such notice to be received before the end of Term. In the event of a substitution after the close of the Auctions the winning bidder shall have the right to decline the substitution within three  days of notice and, where applicable, the right to a refund of any sums paid by the Participant. In the event that the winning bidder does not accept the substituted Lot, the Lot will be offered to the next highest bidder.
- 7.6 The Lots will be available on the dates stated in the Catalogue. By placing a bid for an individual Lot, Participants accept that the Lot will only be made available for use on the specified date(s).
- 7.7 All lots are sold with all faults, imperfections and errors of descriptions. Neither the Promoter nor the Donor can be held responsible for errors of description or for genuineness or authenticity of any Lot, or for any fault or defect in it howsoever caused. No warranty whatsoever is given by the Promoter and Donor to any Winning Bidder in respect of any Lot and any implied conditions or warranties, and all Lots are sold subject to no return.
8. The winning bid
- 8.1 The Participant who has placed the highest bid by the end of the Term shall be the winning bidder (the “Winning Bidder”).
- 8.2 The Winning Bidder for each Lot will be determined at the live event and confirmed by email to the winning bidders in the following days. Where the Winning Bidder is not present, the Promoter will notify them by telephone or email. Any queries to be addressed to the Auction Manager.
- 8.3 If any dispute arises as to the identity of the Winning Bidder, the Promoter shall have absolute discretion. The Promoter, its officers, employees and agents are hereby released from any claims, demands or damages arising out of or in connection with any such disputes.
- 8.4 In the event that the Winning Bidder cannot make use of the Lot on the specified date, they will forfeit the purchased Lot.
- 8.5 The Winning Bidder of a lot has no right to sell on to third parties, sublet or assign without the prior agreement of both the Promoter and Donor.
- 9.1 The Auctions will be conducted in pounds Sterling.
- 9.2 Except in so far as alternative arrangements may have been made with the Promoter, the Winning Bidder shall pay the Winning Bid price within seven  days of the live event.
- 9.3 Payment must be made in cash, by cheque or bank transfer
- Winning Bidders should ensure reference is made to the relevant Auction Lot number.
- 9.4 In the event that the Lot is not paid in full on the expiry of the 7 day period in accordance with clause 9.2, the Promoter may offer the Lot to the next highest bidder.
- 9.5 The Promoter cannot accept any liability for payments not received, as a result of failures in the postal service or otherwise.
- 9.6 Ownership of a Lot shall not pass to the Winning Bidder until payment in full is made in accordance with clauses 9.1 to 9.3 above.
- 9.7 Every Lot shall be at the sole risk of the Winning Bidder from close of the silent auction.
- 9.8 Lots can be collected from the Promoter by arrangement when full payment has been made (tel: 07594 929783).
- 10.1 The Promoter endeavours to ensure that the information and other material on the Site and in the Catalogue are correct and complete, but does not accept liability for any errors in or omissions from the information provided.
- 10.2 The Promoter will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.
11. Data protection
- 11.1 The Promoter complies with the provisions of the Data Protection Act 1998 in processing personal information. As such, the personal information of Participants will be held confidentially by the Promoter and will only be used or disclosed to a third party (such as a Donor) if such use or disclosure is required in connection with the purchase of the Lot.
By participating in the Auctions, the Participants consent to such disclosure for the sole purpose of fulfilling the obligations hereinunder.
- 11.2 If necessary, the Promoter 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 the Participant.
If any provision of the Agreement is held by a court or other competent authority to be unlawful, void or unenforceable, it shall be deemed to be deleted and the Agreement shall remain in full force and effect as if the provision had not originally been contained in the Agreement.
This Agreement shall be governed by and construed in accordance with the laws of Scotland and the Courts of Scotland shall have exclusive jurisdiction in relation to any matter arising under or in respect of the Agreement.
14. Shooting lots
Purchasers of shooting days are required to ensure that any person who takes part in the shoot is a safe and experienced shot and is fully covered by Third Party Insurance. The donors reserve the right to see evidence of insurance cover and to ask anyone who shoots dangerously to leave the shooting field immediately. We feel sure that prospective purchasers will appreciate the sense of this condition.
All guns must possess up-to-date Firearm Certificates or Shot Gun Licences and be insured.