Auction Terms and Conditions
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH THE JERSEY CHRISTMAS APPEAL (“JCA”) PROVIDES YOU WITH ACCESS TO AND USE OF THE JCA WEBSITE WWW.JERSEYCHRISTMASAPPEAL.JE (“SITE”)
PLEASE READ THESE TERMS VERY CAREFULLY BEFORE USING THE SITE. YOU ACKNOWLEDGE THAT BY ACCESSING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT CONTINUE WITH YOUR USE OF THE SITE.
The General Provisions under Section A shall apply to all visitors to and users of the Site (each a “User”). If you use the Site to purchase any product or service offered on the Auction Listing you are a “Buyer”. If you use the Site to donate an item(s) and create a Listing, you are a “Donor”. Section B applies to Buyers and Section C applies to Donors, each in addition to Section A.
SECTION A: GENERAL PROVISIONS
“Auction Listing” means a Listing in which JCA sells the relevant Item to the highest bidder (subject to any applicable conditions);
“Item” means any product or service offered in a Listing;
“Listing” means the details of an Item offered on the Site;
“Buyer” means a User who has agreed to buy an Item via a Listing on the Site;
“Donor” means a User who donates an Item to be auctioned via a Listing on the Site;
“Sale” means a Transaction in which the Donor’s Item is purchased for monetary consideration;
“Services” means the Listing services made available to Users of the Site by the JCA from time to time;
“Transaction” means a Sale of an Item that was the subject of a Listing on the Site.
- INFORMATION ABOUT JCA
Who we are and how to contact us. WWW.JERSEYCHRISTMASAPPEAL.JE is a website operated by five service clubs; Lions Club of Jersey, Rotary Club of Jersey, Rotary Club de la Manche, Soroptimist International Great Britain & Ireland and Round Table Jersey 192. For more information about each service club, including their names, addresses and contact details, please access the “About” section on our Site and click on “Who’s behind the Jersey Christmas Appeal” (http://www.jerseychristmasappeal.je/about/whos-behind-the-jersey-christmas-appeal/).
- THESE TERMS
What these Terms cover. By using our Site, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use our Site.
You may wish to print a copy of these Terms for future reference.
Why you should read them. Please read these Terms carefully before you submit to donate or purchase an Item. These Terms tell you how we will provide our Services, how you can make a contribution, how you can donate or purchase an Item, what to do if there is a problem with our Site and other important information. If you think that there is a mistake in these Terms please contact us.
We may make changes to these Terms. We reserve the right to amend or revise these Terms at any time without notice. Any changes to the Terms apply with immediate effect from the date of publication on the Site. By continuing to use the Site after any changes are made you accept those changes and they are binding on you.. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time.
We may make changes to our Site. We may update and change our Site from time to time to reflect changes to our Services, our Users' needs and our business priorities.
We may suspend or withdraw our Site. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
”Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
You must keep your account details safe. You may access our Site as a guest or a registered user (“Registered User”).
We may require you to become a Registered User in order to donate an Item and create a Listing. You may become a Registered User of the Site by completing and submitting the online registration form on the Site. By applying to be a Registered User, you consent to us conducting verification and security procedures in respect of the information provided in the registration form. As a Registered User you may be able to access additional features of the Site, including without limitation the opportunity to create a Listing.
As a Registered User, you agree to keep your username and password ("Login Details") confidential and secure, not use your Login Details with the intent of impersonating another person, not allow any other person to use your Login Details and promptly notify Us in the event there is a breach of security or any unauthorised use of your Login Details.
- ACCESS TO OUR SITE
Assurances we require from you. By accessing our Site, you warrant that:
- if an individual, you are at least 18 years old. If you are under the age of 18, you should ask a parent or guardian over the age of 18 to enter into these Terms on your behalf. As a parent or guardian of someone under the age of 18, you are responsible for ensuring that person's use of the Site is in accordance with these Terms;
- you have capacity to agree to these Terms and enter into binding contracts; and
- you are not in any way prevented by law in the country which you are currently located to enter into these Terms.
Intellectual property rights. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You are expressly prohibited from:
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Site; and
- removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us or our licensors, and doing anything which may be seen to take unfair advantage of our reputation or goodwill or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to us.
reliance on information on this Site. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
We are not responsible for third party websites we link to. Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those websites or resources.
User-generated content. This Site may include information and materials uploaded by other users of the Site, including access to community features or functionality. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
If you wish to complain about information and materials uploaded by other Users please contact us by email on firstname.lastname@example.org.
We are not responsible for viruses and you must not introduce them. We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse (Jersey) Law 1995. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Rules about linking to our Site. You may link to any page on our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Unless we agree otherwise, you must not establish a link to our Site in any website that is not owned by you other than social media websites.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these Terms.
If you wish to link to or make any use of content on our Site other than that set out above, please contact email@example.com.
Uploading content to our Site. Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out herein.
You shall not submit to appear on the Site (or in any Listing), any information, comments, images, product reviews, third party URL links or other material whatsoever in any format (“User Submissions”) that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material;
- promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote any illegal activities;
- provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
- promote or contain information that you know or believe to be inaccurate, false or misleading;
- engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without our prior written consent; or
- infringe any rights of any third party.
You warrant that any such User Submission does comply with these Terms, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on our Site. You agree that we may, at our sole discretion, choose to display or remove any User Submission or any part of the same that you make on our Site.
Any User Submission made to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Submission, but you are required to grant us and other users of our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights You Are Giving Us to Use Material You Upload.
We also have the right to disclose your identity to any third party who is claiming that any User Submission made to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
In the event that you have a dispute with any other user of the Site, you hereby release us from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
You are solely responsible for securing and backing up your content.
Rights you are giving us to use material you upload. When you upload or post content to our Site, you grant us a non-exclusive, perpetual, irrevocable, worldwide licence to use the User Submissions for the purpose of performing our obligations in these Terms and making them available to other users of our Site.
Contact with other Users. You may not contact any other User of the Site directly, for any purpose.
- ITEMS LISTED FOR AUCTION
Pictures may not be indicative of Items. The images of an Item provided in a Listing on our Site is for illustrative purposes only. We cannot guarantee that a device’s display of the colours accurately reflects the colour of the actual Item. Items may vary slightly from those images.
Bidders acknowledge that all information that is provided as a description of the items is reproduced by the JCA in good faith and is consistent with information supplied to us. As such, the JCA cannot be held responsible for inaccurate or misleading descriptions.
The JCA shall have the right to substitute Items of a similar description and standard, if for any reason the relevant Items are not available or for any other substantial reason. In the event of such substitution before the close of the auction, a Bidder may withdraw a bid by notice to the JCA, such notice to be received before the close of bidding. In the event of a substitution after the close of the Auction the Winning Bidder shall have the right to decline the substitution within 7 days and, where applicable, the right to a refund of monies paid. If the Winning Bidder does not accept the substitution the Item will be offered to the next highest bidder.
- PROVIDING THE SERVICES
We reserve the right to make any changes to the Services including any functionalities and content therein or to discontinue a specific feature from time to time subject always that:
- we notify you in writing; and
- such changes shall have no material adverse effects to you.
We may monitor your use of the Site from time to time. You hereby consent to us monitoring your use of the Site.
No warranty is offered as to the availability of the Site or that its operation will be uninterrupted or error free. Routine and essential maintenance and upgrades may be required from time to time to improve or add functions the Site.
- IF THERE IS A PROBLEM WITH THE SERVICES
How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can write to us by email at firstname.lastname@example.org or by post to:
Jersey Christmas Appeal
Access to the Site and Services. The JCA shall not have any liability for any claims or losses of any nature arising directly or indirectly from any inability to access the Auction or the Site because of, amongst other things, technical difficulties experienced by the JCA, the Site, Donors or any telephone/internet system.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or that is caused by third parties including by Donors. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms were entered into, both we and you knew it might happen, for example, if you raised it with us during the Auction Listing.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation.
Our maximum aggregate liability to you. Subject to this clause 9, and without prejudice to any of the foregoing, if JCA is held to have any legal liability, the JCA 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.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will use the personal information you provide to us:
- to supply Services to you; and
- if agreed, give you information about the services we provide and those who benefit from the JCA. You may stop receiving this information at any time by email at email@example.com or by post to:
Jersey Christmas Appeal
We will only give your personal information to third parties where the law either requires or allows us to do so.
- OTHER IMPORTANT TERMS
We may transfer these Terms to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Terms.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce any of them.
If a court finds part of these Terms illegal or unenforceable, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
SECTION B: BUYERS
This Section B shall apply to you if you are a Buyer. You are a Buyer if you purchase any Item through an Auction Listing.
- CONTRACT FOR PURCHASE OF ITEMS
Before purchasing any Item advertised on the Listing you must read and agree to these Terms.
The contract for the sale of any Item purchased by you through an Auction Listing is created between you and us.
Any item purchased may be subject to separate terms and conditions. You are solely responsible for ensuring that you are aware of any separate terms and conditions and that you comply with them.
- BIDDING ON AN ITEM
You may place a bid on any Item advertised on a Listing, which involves you entering the maximum total amount you are willing to pay for the Item (“Bid”). Bids are not incremental and will be accepted for the maximum total amount placed at the end of the Auction Listing.
Each Auction Listing will have a specified listing period. No Bids may be placed once this period has ended. A Bid is deemed to have ended when the countdown clock for each particular Item reaches 00:00.
After placing your Bid, you will receive an email from us confirming your Bid has been successfully placed (“Bid Confirmation Email”). Your Bid constitutes an offer to us to buy the Item and you acknowledge and agree you will be contractually bound to purchase that Item if you are the highest bidder at the end of the Auction Listing.
If a bid placed by another user, through our Site or otherwise, exceeds the maximum value of your Bid, we will email you to confirm you have been outbid.
If you are the highest bidder at the end of the Auction Listing, we will send you an email confirming you are the winning bidder (“the Winning Bid Confirmation”). The Winning Bid Confirmation may contain details of your Item or instructions regarding how you should collect your Item. The contract between you and us (“Contract”) will only be formed when we send you the Winning Bid Confirmation. We are only obliged to supply the Item to the person with the highest Bid at the end of the Auction Listing (“Winning Bidder”). In the event of a dispute regarding the Winning Bidder, our decision is final.
Cancelling a Bid. You may cancel a placed Bid (confirmed by our sending of the Bid Confirmation Email) at any time before the end of a Listing by emailing us at firstname.lastname@example.org. The title of the email should state “Cancellation of Bid”.
If you experience any difficulties or require support you should contact us on email@example.com.
Refuse to accept Bid. We reserve the right to refuse any Bid or cancel any Bid at any time before the end of a Listing at our sole discretion, for any reason and without notice.
- BUYER’S OBLIGATIONS
It is your responsibility to check the details of the Item you have purchased, as we cannot rectify mistakes. This includes checking whether any age or other restrictions apply to an Item which requires an individual’s attendance (“Event”).
Event organisers, promoters and venues and other individuals and organisations connected to the Event may reserve a general right to refuse admission to an Event. The Item sold on our Site may therefore be subject to separate terms, conditions, rules and/or regulations. We cannot be held liable by any individual who may be refused entry to an Event for whatever reason.
- PRICE AND PAYMENT
Upon receiving the Winning Bid Confirmation, you agree to pay to us the final price applicable to the Auction Listing and which will be listed in pounds Sterling. Full details of payment procedures will be given to the Winning Bidder and payment must be made as stipulated by Us.
You hereby acknowledge and agree to make payment in full for your Item within 5 days of receiving the Winning Bid Confirmation. Further, you hereby warrant that the information provided to us is true, accurate and correct and that you shall promptly notify us in the event of any changes to such information.
Items will not be released to the Winning Bidder until payment has been received and cleared funds have been received.
We may need certain information from you so that we can supply the Item. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the Contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result (e.g. if we are required to re-auction the Item because you have provided inaccurate information or failed to may payment within the allotted time period).
A Winning Bidder must contact Annette Blanchet at the following address to discuss collection of and payment for Items:
Jersey Evening Post
Tel: +44 1534 611823
All Items must be collected within 21 days of the close of the Auction.
- CANCELLATION RIGHTS AND RETURNS
Cancellation of Bids. Bids may be cancelled at any point up until the close of the Auction. Once a Winning Bidder has been notified of their win and sent a Winning Confirmation Email, there is no right of cancellation.
No right to refund, return or exchange. Items bought through the Auction are non-refundable, non-returnable and non-exchangeable. We do not guarantee the condition, content or suitability of Items.
- OUR RIGHTS TO END THE CONTRACT
We may end the Contract if you break it. We may end the Contract for an Item at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Item, for example, delivery address; or
- you do not, within a reasonable time, allow us to deliver the Item to you.
You must compensate us if you break the Contract. If we end the Contract in the situations set out in this clause 7 we will refund any money you have paid in advance for Items we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
- DEFECTIVE OR DAMAGED ITEMS
How to tell us about a problem. If you have any questions or complaints about the Item, please let us know by contacting us using the contact details below.
Summary of your legal rights. We are under a legal duty to supply Items that are in conformity with this Contract. Nothing in these Terms will affect your legal rights.
If you have reason to believe that any of the Terms have been breached or you have a complaint to make, please write to us at Jersey Christmas Appeal, Guiton House, Five Oals St Saviour, Jersey, JE4 8XQ or firstname.lastname@example.org. All notification and communication to the JCA should be sent to the contact details provided herein.
SECTION C: DONORS
This Section C shall apply to you if you are a Donor. You are a Donor if you donate an Item to the JCA and create a Listing for that donated Item.
- DONATING AND LISTING ITEMS
If you decide to donate an Item to the JCA and/or create a Listing in respect of the donated Item, you will be required to provide full details of your Item (“Item Information”), which shall include but is not limited to a photograph and written description of each Item. You shall procure, at all times, the accuracy and completeness of all Item Information.
You shall not donate or create a Listing for any Item that is or that contains:
- offensive or obscene material (or anything that may reasonably be considered to be the same);
- live animals;
- firearms, ammunition or any offensive weapon;
- stolen goods;
- any material that infringes the rights of third parties, including any intellectual property right;
- prescription, controlled and/or illegal drugs;
- poisons and dangerous substances;
- any item where a licence is required to sell, distribute or offer for sale such item, unless you have provided a certified copy of the relevant valid licence to us;
- any item, the sale of which is subject to export restrictions;
- any item whose sale, distribution or offering for sale is prohibited by any applicable law; or
You shall not donate or create a Listing for any Item that is defective, dangerous, unfit for purpose or which may pose a threat to the health or wellbeing of the Buyer.
All Item Information uploaded to a Listing by you shall be in the format required by us and shall relate strictly and solely to the Item(s) you wish to donate. We reserve the right to edit and/or remove any Item Information or Listing at any time and for any reason, including where we reasonably believe that the Item Information or Listing is inaccurate or incomplete, or does not meet with its formatting requirements.
You acknowledge and agree that once you have created a Listing in respect of a donated Item, this will constitute a binding contract between you and the JCA and you will be legally bound to donate the Item contained in the Listing.
- YOUR OTHER OBLIGATIONS AS A DONOR
You shall comply with all policies and guidelines of the JCA, published on the Site from time to time.
You shall not conduct any direct marketing using personal information (which, for the avoidance of doubt, shall include all email addresses) that came into your possession through your use of and activities on our Site, nor will you disclose such personal information to any third party without our express written consent. Furthermore you shall not include in the Item Information or any other communication with any Buyers any link to any URL located outside of our Site nor any advertising for any product or service other than the Item donated.
You hereby indemnify the JCA in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses arising as a result of any breach by you of these Terms, or of any claim or action brought in connection with the Item, the Item Information, infringement of intellectual property rights or any right of a third party.
- TITLE TO YOUR DONATED ITEM
Title to your donated Item shall pass immediately upon the delivery of your Item to us or the applicable Buyer.
Once title to the Item has passed to us, you shall:
- store the Item separately so the Item remains readily identifiable
- not remove, deface or obscure any identifying mark or packaging on or relating to the Item;
- maintain the Item in satisfactory condition;
- give us such information relating to the Item as we may require from time to time; and
- not resell, donate or use the Item.
- DELIVERY OF YOUR ITEM
At the end of the Auction you will deliver the Item to Us or the Buyer, as appropriate in the circumstances and in the manner agreed by Us.
- USE OF YOUR DONATION
Any money donated by you or money generated from a Sale shall be distributed at our discretion, but within the objectives outlined on our Site from time to time. For more information on our objectives, please access our Site, click on “About” and follow the link “Who benefits from the Appeal”.
- SUSPENSION AND TERMINATION
We may suspend or terminate your access and use of the Site in the event that:
- we believe that there has been fraudulent use, misuse or abuse of the Site (in whole or in part); or
- we believe that you have provided any false, inaccurate or misleading information.
- WARRANTIES PROVIDED BY YOU
You hereby warrant, represent and guarantee that you:
- have the right to donate and create a Listing for your Item(s);
- once a Listing has been created, you shall deliver to us or allow us to collect from you, free of charge, the Item contained in the Listing;
- shall comply with all applicable legislation in respect of the Item Information and that the Item Information shall not infringe any intellectual property rights, or any other rights of any third party; and
- shall not bid for any Item that you make available for auction on the Site;
You acknowledge that although we may from time to time vet, monitor or verify the Item Information, we are not obliged to do so to determine whether such Item and/or Item information may result in any liability to any third party.
You further warrant that:
- you are the legal and equitable owner of any Item you make available for auction and sell on the Site or you have the permission of the legal and equitable owner of the Item to make such Item available for auction and sell it to a Buyer on the Site;
- any Item Information you make available for auction on the Site is a true and accurate description of the condition of the Item.
- NO REFUNDS
Due to the nature of the contract between you and us, you do not have the right to change your mind once you have made a donation to our Site or you donated an Item which appears in a Listing.
However, if you make a donation which you believe contains a mistake, please contact us at Jersey Christmas Appeal, Guiton House, Five Oaks, St Saviour, Jersey, JE4 8XQ or email@example.com and we will decide whether a refund can be made and/or whether a Listing can be removed.
If you have reason to believe that any of the terms herein have been breached or you have a complaint to make, please write to us at Jersey Christmas Appeal, Guiton House, Five Oaks, St Saviour, Jersey, JE4 8XQ or firstname.lastname@example.org. All notification and communication to the JCA should be sent to the contact details provided herein.
- GOVERNING LAW AND JURISDICTION
These Conditions will be governed by and construed in accordance with Jersey law, and any disputes relating to Conditions will be subject to the non-exclusive jurisdiction of the courts of Jersey.
Last updated: 18 August 2017