Terms and Conditions

These terms and conditions (the “Terms”) set out the rules by which auctions (”Auction(s)”) conducted on this site are run.

In addition to reading the Terms please ensure that you read the description of the Auction item which you are bidding for as it may include specific terms (“Special Terms”) in respect of that item. By placing a bid in an Auction, you acknowledge that you agree to these Terms and any additional terms set out in the description of the Auction item.

1. British Equestrian Federation (“BEF”)

1.1 The BEF is providing the Auctions in order to raise funds for the Great British teams at the World Equestrian Games 2010.

1.2 The BEF is a private company limited by guarantee (Co No 3174767)

1.3 In carrying out the Auctions the BEF is not acting in the course of its normal business. The proceeds of all Auctions will be donated to the ring fenced WEG Games Fund.

2. Items and Donors

2.1 All items that are offered for Auction, whether they take the form of goods or services (the “Items') have been donated by third parties ('Donors') for the sole purpose of raising funds for the Great British teams at the World Equestrian Games 2010 (the “Auction Purpose”).

2.2 Each accepted bid represents a contribution to the Auction Purpose.

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 the Auctions. In all cases you must be at least 18 years of age (or such other age, if greater, as may be required for us to lawfully contract with you in the jurisdiction in which you are resident).

4. Legal status of bids

4.1 Each placement of a bid made by clicking on the “Place your Bid” button will constitute a legal offer and shall be binding on you. As such, the bid may not be withdrawn after it is placed and may be accepted as the winning bid at any time.

4.2 Further to clause 4.1 above, you acknowledge that each bid made by you may be valid for a period of up to one calendar month, unless the Auction Closure Date is earlier or an extension has been arranged in accordance with clause 5.6 below.

4.3 For the avoidance of doubt and as set out in clause 5.5 below, all bids will remain valid until payment for the relevant Items has been received by the BEF.

5. Bidding process

5.1 To be the winning bid in an Auction, the bid must be the highest bid and mustmeet any other conditions and/or Special Terms which may be specific to each Auction ('the Winning Bid'). If additional conditions and/or Special Terms apply, they will be published alongside the description of the Items prior to the commencement of each Auction.

5.2 If your bid is followed by a higher bid which is later removed by the BEF for any reason, it will be open to the BEF to accept your bid, as though the higher bid had never been made.

5.3 If your bid is successful, the BEF will notify you by email to confirm the amount of the Winning Bid and details of the relevant Items, and to arrange payment and delivery/supply.

5.4 If there is a problem with payment by you of the amount of the Winning Bid, the BEF reserves the right to offer the Item to the next highest bidder. When payment has been received by the BEF, the relevant Auction will close and all unsuccessful bids will lapse.

5.5 The BEF reserves the right to refuse or remove bids in its absolute discretion.Each Auction shall start at the time and date that the Auction Item is first displayed on the Website and shall close at 16.00 on the closing date ( the “Auction Closure Date”.

5.6 The BEF reserves the right to close an Auction early or to extend it at any time and at its discretion. An Auction may be cancelled or delayed because of, amongst other things, technical difficulties experienced by the BEF or issues involving a Donor of an Item (such as any decision by a Donor to remove its Item from an Auction).

5.7 Further to clause 5.6 above, if an Auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.

5.8 If there is a dispute between you and another bidder, the BEF is under no obligation to become involved in such dispute. You hereby release the BEF, its officers, employees and agents and the Donors from any claims, demands or damages arising out of or in connection with any such disputes and/or this Website.

6. Items

6.1 Items bought at an Auction are non-refundable and non-exchangeable, save for your statutory rights and any specific terms relating to the Item. The BEF cannot guarantee the condition or suitability of the Items or the fitness of the Items for their stated purpose.

6.2 You acknowledge that the Items may differ slightly from the photographic images displayed on this website.

6.3 You acknowledge that all information that is provided as a description of eachof the Items is reproduced by the BEF in good faith and is consistent with information supplied to the BEF. As such, the BEF cannot be held responsible for inaccurate or misleading product descriptions.

7. Payment

7.1 Payment must be received by PayPal, cheque or credit card.

7.2 Payment must be received by the BEF within 14 days of you receiving confirmation that your bid is the Winning Bid from the BEF. However, the BEF may request payment at an earlier date.

7.3 Payment will include the amount of the Winning Bid (inclusive of any applicable VAT) and the cost of delivery (if applicable) which shall be notified to you by the BEF as set out in clause 10 below.

7.4 Unless otherwise agreed by the BEF, Items will not be released to you until payment has been received.

8. Currency

8.1 Each Auction will be conducted in pounds Sterling and payment must be received in pounds Sterling. The actual cost to you if you pay in a different currency will vary according to the standard exchange rate applied by your bank on the date of billing.

9. VAT

9.1 Although the BEF believes that it is exempt from paying VAT for the purposes of the Auctions, if this position should change or this belief is not correct, the amount of the Winning Bid shall be inclusive of any applicable VAT.

10. Delivery

10.1 Further to clause 7.3, you acknowledge that the amount of the Winning Bid does not include the costs of delivery and you may be required to pay additional charges for insurance, packaging and delivery. Any additional charges will be notified to you by and agreed in advance with, the BEF.

10.2 The BEF is not liable for any duty or seizure costs incurred during international delivery of Items.

10.3 A signature may be required upon delivery.

10.4 Damages to or loss of the Items during transit are not the responsibility of the BEF.

10.5 Delivery of the Items is subject to delivery by the Donor. In the event that delivery does not occur for whatever reason, you agree that your sole remedy willbe to receive a refund of any payment received by the BEF from you in respect of the Winning Bid and, if paid in advance by you, the cost of delivery.

11. Refund and Exchange of Items

11.1 In order to be considered for a refund or exchange of Items, you must notify the BEF in writing of any relevant defect within 30 days of the Items having been delivered/made available to you.

11.2 You agree that your sole remedy for misdescription of an Item will be to receive a refund of any payment made by you for the Item and, (if applicable) the cost of delivery. However, such repayments shall only be made in the case of a materially significant misdescription and provided the Items have not been used by you. Notice of such misdescription must be received by the BEF within 10 working days of receipt by you of the Item following which we will contact you to discuss repayment and, in the case of goods, return of the Item to us.

11.3 In all other respects, you acknowledge and agree that you will be entitled to neither a refund of the amount of the Winning Bid, nor an exchange of Items, in the event that you should decide that you no longer want the Item.

11.4 You acknowledge that Special Terms may include specific refund or warranty conditions which will be included in the description of the Items prior to each Auction and may legally bind you.

12. Liability

12.1 The BEF 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.

12.2 The BEF will use reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.

12.3 Except as specifically set out in this Agreement, the BEF 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.

12.4 Whilst we will take reasonable steps to make the Auction service reasonably available, this will be largely outside of our direct control. We do not therefore accept responsibility for interruptions to the service or otherwise in respect of the service. The service is available for your use on a strictly “as is” basis, and to the extent that we are able to do so in law, we exclude and disclaim all statutory, common law and any other implied terms and conditions. Without limitation, we are not responsible for the direct or indirect consequences of any failure or delay of the service to receive or to display bids or regarding the withdrawal of bids or registration.

12.5 The BEF shall not 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 BEF, Donors or the Internet. The BEF makes no warranty that the website will meet your requirements, or that it will be timely, secure or error free.

12.6 The BEF shall not 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.

12.7 Without prejudice to any of the foregoing, you agree that the BEF 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..

12.8 Nothing in this Agreement shall purport to exclude liability for death or personal injury where such has been caused by the negligence of the BEF.

13. Use of site content

13.1 All intellectual property rights ("IPR") in the appearance and design of the website and the materials and contents displayed on this website shall belong to the BEF, except to the extent that all IPR in any advertisements shall remain with the relevant Donors.

13.2 This website is for personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from this website. You may only download to your personal computer for viewing purposes and print out a number of pages of this website for your personal use.

14. Links

The BEF assumes no responsibility for the contents of any other websites to which this website has links. As such, the BEF shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, Items or services available on such hyperlinked sites, over which the BEF has no control. The inclusion of any hyperlinks to such other websites does not mean that the BEF endorses the material on which web sites or has any association with the owner thereof.

15. Privacy Policy

You agree that you have read our Privacy Policy [ insert hyperlink] and that you agree to its terms.

16. Assignment

You shall not assign, transfer sub-license, mortgage charge or otherwise disposeof any of its rights, interests or obligations under this Agreement to any person ororganisation.

17. Severability

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.

18. Third Party Rights

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.

19. Limitation

You 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.

20. Jurisdiction

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. Every Auction that is carried out on this website shall be deemed to be performed in England. Access to and participation by you in an Auction is confirmation that you have understood and accepted the above Terms and Conditions and all other terms and conditions including Special Terms, the Privacy Policy and Legal Notices.