User Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH MYCHARITYWINS.COM OFFERS
YOU ACCESS TO OUR SERVICES (CONDITIONS OF SALE).
Welcome to mycharitywins.com (the "Site" or “Site Provider”). Any person who
registers to use the Site must accept the terms and conditions set forth in
these Conditions of Sale without change or alteration. PLEASE NOTE THAT WHEN
YOU CLICK THE SUBMIT BUTTON ON THE SITE, YOU AGREE TO BE BOUND BY ALL THE TERMS
AND CONDITIONS CONTAINED IN THESE CONDITIONS OF SALE. Our services are available
only to individuals or organisations who have the power to form legally binding
contracts under applicable law. Without limiting the generality of the foregoing,
our services are not available to minors. IF YOU DO NOT AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SERVICES.
This Agreement governs the terms on which all property is offered and sold on
this Site and creates a legal contract between each person registered to purchase
any property or services offered on the Site (a "Buyer" ) and each seller offering
property or services for sale on the Site on whose property or services Buyers may
make an offer to purchase, whether successfully or unsuccessfully (a "Seller"), and
between each Buyer and Seller and the Site Provider. When any affiliate of the Site
Provider offers property or service for sale on the Site, it will abide by the same
terms and conditions as any other Seller, including the terms and conditions of
this Agreement.
The Site Provider may change the terms and conditions set forth in this User Agreement
in the future. Any changes to the Conditions of Sale will be effective immediately upon
posting on the Site. Buyers and Sellers are responsible for reviewing notices and any
applicable changes. Changes may be posted without notice. CONTINUED USE OF THE SITE FOLLOWING
THE SITE PROVIDER'S POSTING OF ANY CHANGES WILL CONSTITUTE ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MAY NOT CONTINUE TO USE THIS SITE.
Operation of Site:
The Site provides a venue for Sellers to offer property and services to willing Buyers at the
highest bid and for Buyers to purchase property and services. The Site Provider is responsible
for the operation of the Site. The Site Provider has no involvement in any transaction entered into,
on or through the Site. The Site Provider does not act as agent for either Buyer or Seller for any
purpose.
The Site Provider reserves the right to review and to change the "User Name" of any person registering
to participate in any auction on the Site, at any time and for any reason upon e-mail notice to such person.
The Site Provider is NOT responsible for estimates, descriptions, condition, authenticity, title
and all other matters relating to the offer and sale of any property or services. Merchandise information is
collected from the donating parties and is accurate to the best ability of the donating participants.
Taxes:
Unless exempt by law the successful Buyer may be required to pay the Seller sales tax, or other applicable
transactional tax, as determined by the Seller. The Buyer may also be subject to tax in his or her domicile.
It is the Seller's and the Buyer's responsibility to determine whether taxes apply to the transactions and to collect,
report and remit the correct tax to the appropriate tax authority. The Site Provider is not obligated
to determine whether taxes apply and is not responsible for collecting, remitting or reporting any sales or
use taxes arising from any transaction.
The Total Purchase Price
The Total Purchase Price is defined as:
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the successful bid or purchase price for the lot, plus
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sales tax, user tax, VAT or any other taxes that the Seller has
instructed the Site Provider to collect from the Buyer or that
the Site Provider is required to collect pursuant to applicable law, plus
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shipping costs and customs duties (if applicable)
Physical Condition Warrants:
The Seller warrants that the description of a lot's physical condition is substantially correct based
upon a fair reading of the description of the item taken as a whole. This warranty applies only for a
period of two (2) weeks from the date the lot is received by the Buyer and is only made to the person
who purchased the lot on the Site and not to any subsequent owner. If the lot is framed or mounted on
a base or other mounting, or is covered by glass, no warranty is made with respect to the condition of the
frame, base, other mounting or glass.
When reviewing descriptions of lots, you should bear in mind the age and past use of the lot and
should assume that lots will show signs of reasonable "wear and tear."
If it is determined to the Seller's reasonable satisfaction that the description of a lot's physical condition
is not substantially correct based upon a fair reading of the description of the item taken as a whole, the Site
Provider is obligated to rescind the sale provided that the lot is returned by the Buyer to the Seller in the same
condition as it was at the time of sale and free of any claims by third parties, provided that the Seller shall give
its delivery address, method of carriage, and pays in advance to the Buyer the costs of carriage to be incurred.
Limitations of Warranty:
All property and services offered on the Site are sold subject only to the specific warranty by the Seller as to
authenticity and physical condition. The Site Provider makes no representation or warranty whatsoever whether oral
or written, express or implied, including without limitation, warranties as to merchantability, fitness for a particular
purpose, quality, rarity, importance, provenance, exhibitions, literature or historical relevance of the property or otherwise.
Property offered on the Site is often of some age. Other than as set forth in the specific warranty, all property and services
on the Site are sold "AS IS." No other statement anywhere whether oral or written, shall be deemed such a guarantee, warranty or
representation. Please note that neither the Site Provider nor the Seller make any representation or warranty as to whether the
Buyer acquires any reproduction or other intellectual property rights in the property.
Only statements in the Site section specifically describing lots and captioned "lot heading" and "description" on the lot description
pages in the catalogue portion of this Site are warranted by the Seller. No warranty is made by the Seller with respect to information
appearing in other sections and any information in additional detail about the lot, and a sale is not subject to rescission in the event
that any of this non-warranty information proves to be inaccurate. Information supplied by the donating parties or collected from other
sources is often used to inform bidders as to the background and interests of well known celebrities who are participating in the event.
Sole Remedy:
It is specifically understood and agreed that the rescission of a sale and refund of the Total Purchase Price is exclusive and in lieu of
any other remedy that might otherwise be available as a matter of law, or in equity. The Buyer shall not be entitled to any incidental or
consequential damages incurred or claimed.
Binding Contract:
By placing a bid on or offering to buy any lot, you irrevocably agree to pay the Total Purchase Price for the lot if you are the successful
Buyer. Once you place a bid or offer, you may not cancel it. Each successful bid or offer creates a binding obligation on you, as Buyer,
enforceable by each of the Site Provider and the Seller, to pay fully and promptly all sums due and perform any other conditions of completion
with respect to the applicable sale. Upon completion of a sale on the Site, the Site Provider will complete a buyer statement, including
- sales tax, use tax, or other taxes applicable to the transaction
- shipping costs and transit insurance charges and transmit it to the Buyer. In addition to, and without limitation of, the rights of
the Site Provider pursuant above, each Buyer
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specifically authorizes the Site Provider to charge such Buyer's credit card up to the amount required to finalize
any transaction in accordance with this Agreement and
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specifically acknowledges that if the Site Provider is unable for any reason to collect funds sufficient to
completely cover the costs of any transaction to which such Buyer is a party, the Site Provider reserves the
right to turn such matters over to collection agencies.
Buyer's Payment:
Upon completion of a sale on the Site, you will be notified by email if you are the successful Buyer for the lot.
Upon determination by the Site Provider that you are the successful Buyer for a lot, you will be liable to pay immediately
the Total Purchase Price for such lot. All registered users are required to provide the Site Provider with their credit card
details at the time of registration, and to authorize the Site Provider to process a charge or charges on their credit card in
the amount of the Total Purchase Price for any lot for which they are the successful Buyer.
Packing and Shipping:
If you are the successful Buyer, you are obligated to pay the cost of packing and shipping the lot to you and
insuring the lot (if necessary) while the lot is in transit to you. Potential Buyers should also be aware that
shipping costs may be substantial, particularly if the lot is of large size or weight, or requires special packing
due to its fragility or construction.
The Site Provider may provide general guidelines to assist potential Buyers in determining the costs of shipping,
packing and insurance, but these are guidelines only and may change materially based on the location to which the
lot will be shipped. Neither the Site Provider nor the Seller is responsible for the acts or omissions of carriers
or packers of purchased lots. Packing and handling of purchased lots is at the entire risk of the Buyer (subject to
the Seller's obligation to provide insurance as provided in this Agreement). The Seller will ship the lot to the Buyer
in the manner required under this Agreement and by a method deemed reasonably appropriate to safely deliver the purchased
lot to the Buyer, and subject to the standard terms of business of the shipper employed. The Buyer will be charged for such
shipment, packing and insurance. Please be aware that the Seller may not be able to accommodate your request for alternative
shipping or delivery arrangements. Buyers must supply a street address for delivery of property purchased by them on the Site.
Sellers will not ship property to a post office box. Please not that the “Site Provider” does not partake in the shipping process
or come into the possession of the lot at any point. The contract is between the “seller” and “buyer” and therefore will be
shipped directly from one party to the other.
Buyers should note that transit insurance for shipments generally does not cover loss or damage caused by wear and tear, gradual deterioration,
moths, vermin, inherent vice, restoration or retouching; or any damage sustained due to any hostile action, seizure or destruction under quarantine
or customs regulations, confiscation by order of any government or public authority, nuclear reaction or nuclear radiation whether controlled or uncontrolled;
or any loss or damage attributable to wilful misconduct of the assured.
In the event of loss or damage to a shipment, the Buyer must retain all packing materials and any of the contents of the package(s).
Monitoring:
The Site Provider has the right, but not the obligation, to monitor any activity and content associated with the Site. The Site Provider
may investigate any reported violations of the Site policies or complaints and take any action that it deems appropriate (which may include,
but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Site, including
listings and bids). The Site Provider may also investigate, in its sole discretion, the use of any credit card by a user registered to buy on the
Site, and take such action as the Site Provider deems appropriate, including without limitation, contacting the individual using such card, cancelling
bids or an offer to purchase placed by such user, and/or deactivating a Buyer's account.
Refusal of Transaction:
The Site Provider reserves the right to withdraw any property before the end of the sale period, halt any sale during its progress, and/or remove,
screen or edit any materials or content on the Site. The Site Provider may also extend any sale or change the closing time for any sale. The Site
Provider may refuse to process a transaction for any reason or refuse service to anyone at any time in its sole discretion. Neither the Site Provider
nor any of its affiliates will be liable to any Buyer, Seller or third party by reason of the Site Provider's withdrawal of any property prior to
the end of the sale period; halting any auction or sale during its progress; removing, screening or editing any materials or content on the Site; refusing
to process a transaction; or unwinding or suspending any transaction after processing has begun. In the event of failure of Buyer to complete a sale for any reason,
including the Site Provider's decision to refuse to process the transaction, the Site Provider shall have the right to sell the property to the next highest bidder. In the event of
similar bids, the earliest bidder at that level will be the successful Buyer. In all cases, Site Provider's determination of the successful Buyer will be final.
Eligibility to Use Site:
Use of the Site is limited to parties that lawfully can enter into and form contracts and buy and sell on the Site under applicable law. For example, minors
and persons and entities domiciled in jurisdictions where online auctions are prohibited are not allowed to participate in auctions either as Buyers or Sellers
on the Site. To register, you must provide your real name, phone number, email address, address and other requested information.
Owners of property being sold on the Site are not permitted to bid on or offer to buy their own property, nor to instruct, authorize or permit any
other person to bid for or purchase such property on their behalf or to otherwise take any action that may manipulate the sale process in any way.
The Site is available only to individuals and organisations who meet the terms of eligibility, whose applications are acceptable to the Site Provider, and who
have authorized the Site Provider or auction host to process a charge or charges in the amount of the Total Purchase Price for any lot for which they are the successful Buyer.
Compliance with Laws:
The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of
the Site and any transactions conducted on or through the Site.
Place of Contract and Disputes:
The contract between the Buyer and the Seller will be completed when the sale period for the lot ends, at which point the person who agreed to pay the
listed asking price or submitted the highest valid bid, received and accepted by the Site Provider, will be the Buyer.
THE SITE PROVIDER IS LOCATED IN LONDON; THE CONTRACT OF SALE IS THEREFORE DEEMED TO HAVE BEEN COMPLETED IN LONDON, UK. Buyer and Seller each waiver the right
to bring a claim in any court located outside London, or to argue that any such court has jurisdiction over any claim arising under or related to this agreement
or any transaction consummated hereunder. The Site Provider reserves the right to reject any bid or offer to buy at any time. In the event of identical bids or offers,
the first bid or offer received by the Site Provider will take precedence. In the event of any dispute between potential Buyers, or in the event of doubt as to the validity
of any bid or offer, the Site Provider will have the final discretion to determine the successful Buyer. If any dispute concerning bidding or any offer to purchase arises
after the sale, the Site Provider's determination is conclusive. Please note that the Site Provider is not responsible for errors or omissions in connection with the transmission
of bids or offers to the Site (including without limitation your receipt of emails regarding the status of a bid, offer, lot or purchase), nor for any on-line or other charges you
may incur in connection with participating in a sale.
Fraud:
You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any participant, or use another participant's
password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on the Site. Fraudulent conduct will be reported to law enforcement
authorities. The Site Provider will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Title and Risk of Loss:
When the Seller delivers the lot to the shipper for shipment to the Buyer, title of the lot and risk of loss will pass to the Buyer. If the lot is damaged in transit, the Buyer should contact
the shipping agent and process a claim under the applicable insurance policy. A Seller is not obligated to take a lot back under the Conditions of Sale if the lot was damaged in transit (although Sellers are obligated to insure all items during
transit and to provide reasonable assistance to help the Buyer resolve damage claims with the insurer).
Password Security:
Your password may be used only to access the Site, use the services available on the Site, electronically sign your transactions and review your completed
transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than
third parties authorized by you to use your account), and you are solely responsible for any use of or action taken under your password on the Site. If
your password is compromised, you must change your password.
Remedies for Buyer's Failure:
If any applicable conditions of this Agreement are not complied with in a timely manner by the Buyer (including without limitation a Buyer's failure to
pay for a purchase in good funds within fourteen days after the Buyer statement has been sent to the Buyer), in addition to other remedies available
to the Site Provider or the Seller by law, including without limitation the right to hold the Buyer liable for the Total Purchase Price, the Site
Provider or the Seller may, at its option, cancel the sale and re-offer the lot on the Site or sell it to a lower bidder or sell it privately. In addition,
the Site Provider or the Seller may hold the Buyer liable for any and all costs of collection or re-offer, handling charges, late charges of 1.5% per month (or the
highest rate allowed under applicable law, whichever is lower), commissions, and any legal fees and expenses. Further, the Site Provider, at its sole discretion,
may deactivate a Buyer's account for failure to pay the Total Purchase Price or for improper bidding or other breaches of the Agreement.
Reserve Prices:
Some lots offered on this Site are offered subject to a reserve, which is the confidential minimum price established by the Seller below which
such lot will not be sold. The Seller is not obligated to sell a lot unless the reserve price is met. A lot will be withdrawn from sale if no bid
or offer equal to or above the confidential reserve for that lot is received during the auction period. The Site Provider shall have the right to complete any
transaction in accordance with these provisions so long as the sale price exceeds the reserve.
Commission Structure:
By accepting these terms and conditions you are aware and accept that the “Site Owner” will take a commission for the service provided of up to 10% of the final sale
figure achieved by the seller.
Governing Law and Language:
THESE CONDITIONS OF SALE AS WELL AS THE BUYER'S, THE SITE PROVIDER'S AND THE SELLER'S RESPECTIVE RIGHTS AND OBLIGATIONS
HEREUNDER ARE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH ENGLISH LAW
BY ACCESSING OR USING THE SITE, THE BUYER SHALL BE DEEMED TO HAVE CONSENTED TO THE EXCLUSIVE JURISDICTION OF THE UK COURTS, SITTING
IN THE CITY OF LONDON WITH RESPECT TO ANY CLAIM OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY TRANSACTIONS CONDUCTED
ON OR THROUGH THE SITE AND THESE CONDITIONS OF SALE, AND TO HAVE AGREED THAT PROPER VENUE SHALL LIE IN THE AFOREMENTIONED COURTS, AND
YOU AGREE NOT TO COMMENCE OR PROSECUTE ANY SUCH CLAIMS, ACTIONS, OR PROCEEDINGS OTHER THAN IN THE AFOREMENTIONED COURTS.
You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely
in London, UK. English shall be the language of this Site, and all transactions occurring in connection with this
Site, and all users waive any right to use and rely upon any other language or translations. Translations of this
Agreement may be presented in languages other than English for the convenience of users. However, you specifically agree that the English language version of this Agreement shall prevail in the event of any inconsistency between that version and any translation presented in languages other than English.