Auction Terms and Conditions for BBC Radio 2 between the 16^th and 20th of November 2009 between 07:30 and 09:00 in the Terry Wogan Breakfast Show.


1. British Broadcasting Corporation ('the BBC')

1.1 Proceeds of this auction, conducted by BBC Radio 2 will be donated to BBC Children In Need. The successful bidder will be asked to make immediate payment by cheque or cash in accordance with Clause 6.2. BBC Radio 2 does not have facilities to process credit card payments. Full details will be supplied to the bidder when the auction is over. See clause 4.4 below.

1.2. No bids will be accepted from BBC employees, their close relatives or volunteers working in the BBC premises during the appeal programme.

2. Legal Capacity

2.1 Only individuals who can lawfully enter into and form contracts under applicable law may bid for and buy the Items. In all cases bidders must be at least 18-years-of-age. Those taking calls and bids in both stations will check each time that the bidder is over 18.

3. Legal status of bids

3.1 Each placement of a bid will constitute a legal offer which, on acceptance by the BBC, will form an agreement which will be binding on the bidder.

3.2 For the avoidance of doubt and as set out in clause 4.4 below, all bids will remain valid until payment for the items has been received.

4. Bidding process

4.1 The winning bid in the Auction will be the highest bid which meets any conditions which may be applicable ('the Winning Bid').

4.2 If a bid is followed by a higher bid that is later removed by the BBC for any reason, it will be open to the BBC to accept the earlier bid, as though the higher bid had never been made.

4.3 If a bid is successful, the BBC will notify the bidder by telephone at the earliest opportunity to confirm the amount of the Winning Bid, details of the items, and to arrange payment and delivery. To assist in maintaining the integrity of the auction the BBC reserves the right also to telephone bidders during the auction in order to make standard checks.

4.4 If there is a problem with payment by the successful bidder of the amount of the Winning Bid, the BBC reserves the right to offer the Goods to the next highest bidder.

4.5 The BBC reserves the right to refuse or remove bids in its absolute discretion.

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

4.7 Further to clause 4.6 above, if the Auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.

4.8 If there is a dispute between bidders, the BBC is under no obligation to become involved in such a dispute. The BBC, its officers, employees and agents and the Donors are hereby released from any claims, demands or damages arising out of or in connection with any such disputes.

4.9 Programme Presenters during the live CIN Programmes will refer to the terms and conditions on the website at the opening of each auction and at regular intervals throughout the programme.

4.10 We will inform listeners of the telephone charges that apply when bidding in the auction. The Auction line number at BBC Radio 2 is 0500 221122. Calls to this number are free from most landlines. Some networks and mobile operators will however charge for these calls. Please consult your service provider.

4.11 Telephone Operators at BBC Radio 2 will watch for possible hoaxes, and will refer any questionable calls to the Editor Mainstream, Phil Hughes or Editor Compliance, Joe Graham.

4.12 All auction details, bidding progress, amounts, numbers etc will be retained for 12 months.

5.Items

5.1 The items consist of donated packages and services from UK businesses and others and will be described prior to each auction opening.

5.2 Monies paid for the item are non-refundable and the item is non-exchangeable, save as set out in clause 9 below.

5.3 Where any item involves tickets to attend an event or any membership, the winning bidder is also expected to check any admission requirements from the venue or group and ensure that ticket holders meet such requirements.

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

5.5 The BBC 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 BBC, 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 seven days and, where applicable, the right to a refund of monies paid. In the event that that the winning bidder does not accept the substitution the Item will be offered to the next highest bidder.

5.6 The winning bidder will be expected to take part in post-auction publicity for the BBC or Children in Need if required.

6. Payment

6.1 Payment must be made by cheque or cash to BBC Children in Need. Full details of payment procedures will be given to the winning bidder.

6.2 Cheques must be received within fourteen working days of the winning bidder receiving confirmation that the bid is the winning bid. The fourteen day cut off is to allow people time from outlying islands to pay and pick up their winning bid item. Staff at BBC Radio 2 will ensure all auction items are claimed or paid for within fourteen days of the auction finishing. Neither the BBC nor BBC Children in Need can accept any liability for payments not received as a result of failures in the postal service or otherwise.

6.3 Unless otherwise agreed by the BBC, Items will not be released to you until payment has been received and cleared funds have been received.

6.4 All cash received during the live programme will be banked at the close of auction. BBC Radio 2 will have a banker on the premises during the auction.

6.5 All cash and cheques will be banked daily until the Children in Need Appeal is concluded. A strict fourteen day limit will be placed on picking up and paying for auction items.

6.6 Receipts will be issued for all cash and cheques handed into BBC.

7. Currency

7.1 The auction will be conducted in pounds Sterling.

7.2 Although the BBC and BBC Children in Need believes that it is exempt from paying VAT for the purposes of the Auctions, if this position should change, the amount of the Winning Bid shall be inclusive of any applicable VAT.

8. Liability

8.1 The BBC 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.

8.2 The BBC will use all reasonable efforts to correct errors and omissions as quickly as practicable after being notified of them.

8.3 Except as specifically set out in this Agreement, the BBC 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.

8.4 Neither the BBC, nor BBC Children In Need, shall 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 BBC, Donors or the telephone system.

8.5 Neither the BBC, nor BBC Children In Need, shall, 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.

8.6 Without prejudice to any of the foregoing, you agree that, if the BBC is held to have any legal liability, the BBC 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.

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

9. Use of site content

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

10. Links

10.1 The BBC assumes no responsibility for the contents of any other websites to which this website has links. As such, the BBC 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, goods or services available on such hyperlinked sites, over which the BBC has no control. The inclusion of any hyperlinks to such other websites does not mean that the BBC endorses the material on which web sites or has any association with the owner thereof.

11. Data Protection

11.1 The BBC complies with the provisions of the Data Protection Act 1998 in processing personal information. As such, your personal information will be held confidentially by the BBC and will only be used by the BBC or disclosed to a third party (such as a Donor) if such use or disclosure is required for the purposes of this Agreement or as otherwise instructed by you.

11.2 If necessary, the BBC 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 you.

12. Severability

12.1 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.

13. Third Party Rights

13.1 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.

14. Limitation

14.1 All bidders 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.

15. Jurisdiction

15.1 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.

Access to and participation by you in the Auction is confirmation that you have understood and accepted the above Terms and Conditions.