1. These terms and conditions are legally binding and set out the agreement between the bidder ("you") and the Better Food Foundation ("we","us"). These terms and conditions set out your rights and obligations and govern how you can take part in the Big Chair auction and your use of the Big Chair website www.thebigchairproject.com (the "Website").
2. Better Food Foundation may modify or revise this Agreement at any time, and if this occurs you will be bound by these updates so please keep checking back.
The Big Chairs
3. The auction will be of one Fritz Hansen EGG™ chair AND 15 ANT™ chairs customised by artists, designers and our very own Jamie Oliver into works of art. As such please be aware that the customized chairs are works of art and due to the artistic decorations and trimmings may not be fire resistant or otherwise comply with laws applicable to furniture.
4. Some chairs come in pairs and form one lot that you can bid on. The Website will make it clear if a lot consists of one or two chairs. Each chair or pair of chairs is referred to in the terms and conditions as a "Lot". If the Lot you are bidding on consists of two chairs, your bid will be for both chairs and you may not split up the Lot or exchange one Lot with another.
5. The Lots are sold with all faults, imperfections and errors of description and we make no representations of any nature with respect to the Lots, including without limitation with regard to their physical condition, quality, suitability, or fitness for use. You will not hold us responsible for:
- the quality, safety or legality of the Lots;
- the accuracy or truth of the information supplied about the Lots;
- the unfettered title of the Lots, and the full right to list the Lots for sale.
6. By placing a bid you confirm that you are satisfied with the picture or description of the Lots provided on the Website and that the information provided on the Website constitutes a sufficient level of information to enable you to make an informed decision to buy the Lot you are bidding for. If you need any more details you may view the relevant Lot during business hours at the Fritz Hansen showroom13 – 14 Margaret Street, London W1W 8RN. If you have any questions please e-mail enquiries@thebigchairproject.com with the heading "Big Chair" and the name of the Lot for further information about the relevant Lot.
Registration and use of Website
7. By registering as a bidder on the Website, you agree to be bound by all the terms and conditions set out below (the "Terms"), together with any other terms, conditions and notices on the Website. You will be asked to choose a username when registering, and if you do not want to be identified on the Website we suggest you do not use your real name as a username. Please ensure that you keep your password secure.
8. When you register with us, you will be required to supply your name, email address and other contact information. You must provide us with accurate and up-to-date information. You acknowledge that we may suspend or terminate your use of the Website if it appears any of the registration information provided by you is inaccurate in any material respect.
9. The Website may contain content which may be considered offensive or unsuitable for minors. Please also note that the Lots may contain images that may be harmful to or may be unsuitable to view by anyone under 18 years of age. It is the parents’ or guardian’s responsibility to ensure that access to such content is restricted for their children.
10. You must not take any action that may interfere with the Website insert into or submit through the Website any viruses, Trojans or any other variation on type or version of software or malware that could have the effect of compromising the operation of the Website.
11. You also agree not to undermine, manipulate or otherwise interfere with the bidding system, for example bidding to drive up the bid price, or bidding without intending to pay the bid price if you win the Auction.
12. Any breach by you of these Terms and Conditions will lead to the automatic termination of your right to access the Website and make a bid.
Bidding
13. Please be aware that by bidding on any of the Lots, whether the bid is via the Website, at the Live Auction (as defined below) in person or via telephone, you will be entering into a binding agreement by which you are committing to buy the Lot you have bid on and pay the price you have bid plus VAT, any other taxes, transaction charges and delivery charges.
14. Once registered you will be able to bid by clicking on the icon of your chosen Lot and a new page will open. You will then be asked to confirm your bid. Once you have placed a bid, you will not have any right to withdraw or cancel that bid.
15. It is important for the auction process that you provide us with correct information about yourself both at the Online Auction and at the Live Auction and if you have provided us with any false information, we reserve the right to cancel your bid.
16. You agree that if the bidding level becomes too high for you, you will cease to place bids.
Auction
17. The auction is open to any registered bidder aged 18 or over.
18. The first part of the auction will take place online ("the Online Auction") and bids can be accepted from 20 August 2012 at 3.15pm (BST) and the Online Auction will close at 11.59pm (BST) on 9 October 2012.
19. The Lots may be offered subject to reserves. The starting price will vary from chair to chair and bidding will increase in £25 increments. The Website will show the current highest bid against each Lot in real time but we do not guarantee that the latest bid appears immediately, especially during busy times. Each bidder will receive an e-mail confirming when they have placed a bid, and each time they have been outbid.
20. Please be aware that winning the Online Auction does not mean that you have succeeded in the auction, you will have to attend the Live Auction to continue bidding if you want to win your chosen Lot – see also clause 25.
21. The highest and second highest bidders for each Lot in the Online Auction will each receive two tickets to attend the live auction at Republic of Fritz Hansen, 13 – 14 Margaret Street, London W1W 8RN on 11 October 2012 starting at 7.30pm BST ("the Live Auction") where the bidding will continue and where telephone bidding will also be available for anyone not able to attend.
22. If you wish to bid by telephone, please contact enquiries@thebigchairproject.com with your details and we will provide you with the relevant telephone number and time to call during the Live Auction. However, please be aware that only limited telephone lines will be available and we cannot guarantee that you will be able to get through so we strongly suggest that you attend in person wherever possible or have an authorized representative with a power of attorney attend at the Live Auction on your behalf.
23. At the Live Auction bidding for each Lot will start at the level of the highest bid for the relevant Lot made at the Online Auction and will continue in £25 increments, unless and until the bidding has reached £2,000 for the relevant Lot, at which point the auctioneer may use his discretion to increase the increments for further bids.
24. On the fall of the auctioneer’s hammer, the highest bidder will be deemed to have bought the relevant Lot at the bidding price, provided the sales price exceeds the reserve price.
25. If at the Live Auction a Lot does not receive higher bids than the highest bid made for the relevant Lot made through the Online Auction then, subject to the bid exceeding the reserve, the highest bidder for the Lot at the Online Auction will be deemed to have purchased the Lot.
26. In the event that no bids are received for any one or several of the Lots or the bids do not exceed the reserve price, then the Lots in question will be withdrawn and sold via the Website.
Successful Bids
27. If your bid is successful, then you must make full payment to the Better Food Foundation in pound sterling using a debit or credit card (Visa or Mastercard) or electronic bank transfer within 48 hours after the end of the Live Auction.
28. Title will pass to the highest bidder once they have made the full payment for the price bid plus any additional charges, fees or VAT due at the date on which payment is due and the payment is cleared in our account. However, please also note clause 37 regarding reversion of title in the event that delivery or collection is delayed by you.
29. The successful bidder will assume the risk and responsibility for the Lot bid on payment and release of the relevant Lot to them.
30. If you are the successful bidder you agree that your Lot will not be used for marketing, or immoral purposes which may damage the Better Food Foundation’s reputation.
31. We can provide an invoice but reserve the right to charge an additional administration charge of £25.
Delivery and Collection
32. You will be able to collect, or arrange collection of your Lot at a secure location which will be disclosed to you on full payment. Collections must occur by end of business on 31 October 2012.
33. Where you ask for us to arrange delivery of your Lot to you, we will add charges to the final sales price in order to cover the costs of delivery and insurance. We will liaise with you regarding a suitable time for delivery but you acknowledge that delivery times cannot be guaranteed and you will make sure that the Lot can be received at the designated address on the appointed day.
34. Alternatively you may arrange the delivery yourself in which case you will liaise with us regarding collection times and you will endeavour to arrange delivery by 31 October2012 unless otherwise agreed with us.
35. Any damage caused to the Lot in transit will be the responsibility of the successful bidder and transport agent. We will not be liable for any loss of or damage to the Lots in transit and we recommend that you put suitable insurance in place.
36. If a Lot is to be delivered outside the UK, the successful bidder will solely be responsible for obtaining any export permits and other necessary documentation and will bear any associated costs and taxes.
37. If a Lot is not collected within 2 months from the date of the Live Auction or no delivery arrangements have been made by the successful bidder within that time or delivery has been arranged but no-one was at the appointed address to receive the Lot, then title to the Lot will revert to the Better Food Foundation who may at its discretion sell the Lot and retain the proceeds.
Limited Liability
38. Neither we nor Fritz Hansen or the auctioneers will be liable to you for any loss of data, loss of opportunity, damage to goodwill, loss of reputation, or for any type of indirect, economic or consequential loss whatsoever and howsoever caused, but nothing will limit the liability of any party for fraudulent misrepresentation, death or personal injury caused by negligence.
39. We are unable to guarantee or warrant continuous or secure access to the Website, which may be vulnerable to factors outside our reasonable control. We will use reasonable endeavours to process bids which are placed via the Website and telephone bids made at the Auction but will not be liable for any failure to process an internet bid which is not received or not received on time through no fault of the Better Food Foundation, including without limitation any faulty in the IT or telephone system, or high demand on the telephones at the live auction.
40. We are also not responsible for any third party websites you access using links from the Website.
Intellectual property
41. The contents of the Website and the Lots are protected under English law and are owned or controlled by Better Food Foundation or Fritz Hansen or the individual designers and artists who have licensed their own material to the Better Food Foundation.
42. Nothing in these Terms and Conditions shall operate to transfer any intellectual property rights to you even if you are the successful bidder. Intellectual property rights means the ownership of or any interest in, designs (both registered and unregistered), logos, copyright, database rights, trade and service marks (both registered and unregistered) or inventions (whether patentable or not), patents, and all other intellectual and industrial property including but not limited to all similar or identical rights throughout the world for the full term of the relevant intellectual property right.
Privacy
43. We will collect, store and use your personal data securely and in accordance with both the Data Protection Act 1998 and our Privacy Policy.
44. We recommend that you check the terms and conditions and privacy policy of each website you visit and contact the owner or operator of each website if you have concerns or questions.
45. You acknowledge and agree that we will collect your email address and phone number for use in connection with the auction. We will not publish any of your details without your consent but by entering a bid you grant us permission to publish your username and general location.
46. In order to process your payment and arrange delivery of your Lot you agree that we may need take further details from you and share these with certain third parties for the purpose of payment and delivery.
Force Majeure
47. We will do our best to protect your personal data use strict procedures and security features to try to prevent unauthorised access. However, you acknowledge that transmission of information via the Internet is not completely secure and we cannot guarantee the security of your data transmitted to the Website. Any transmission is therefore at your own risk.
48. Neither party to the auction shall be liable to each other for any delay or non-performance of any obligations to the extent that such performance is interrupted or prevented by circumstances beyond their reasonable control.
49. Neither party to the auction shall be liable to each other for any delay or non-performance of any obligations to the extent that such performance is interrupted or prevented by circumstances beyond their reasonable control.
50. If delay or failure under clause 48. continues for more than twenty (20) business days then the party that has not been affected may, at its option, and if it is reasonable for it to do so, terminate the attempted sale of the Lots in question.
Governing Law
51. The laws of England and Wales govern these Terms, and any claims or disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.