Leuchie Lighthosue Trail Auction
Date: Friday 4th September
Introduction
The Leuchie Lighthouse Trail Auction is managed by Leuchie registered charity number SC042249 (known hereafter as Leuchie).
The Auctioneer is Natasha Raskin- Sharp
The Leuchie Lighthouse Trail online auction is managed by Wild in Art (WIA) with Leuchie and with online auction partner Bidpath.
Data Protection
By registering to bid at Leuchie Lighthouse Trail Auction you are consenting to allow Wild in Art and Leuchie, registered charity number SC042249 to contact you about the Leuchie Lighthouse Trail auction and acknowledge that Wild in Art and Leuchie will process your personal data in accordance with their Privacy Notices for the purposes of administering the Leuchie Lighthouse Trail auction.
If you indicate that you may want to make a Absentee Bid, you are also consenting that this information will be provided to the Auctioneer for the purposes of administering the Leuchie Lighthouse Trail Auction.
If you register for the online auction, you are also consenting that this information will be provided to Bidpath for the purposes of administering the Leuchie Lighthouse Trail Auction.
Your data will be stored and shared in accordance the UK General Data Protection Regulation and any other data protection legislation which may amend or supersede the GDPR.
After the auction, Leuchie may get in touch with you using the contact details you provide to ask if you would like to hear more from them in the future. If you would prefer not to be contacted for this purpose, please email fundraising@leuchie.org.uk using the subject line Leuchie Lighthouse Trail Auction Stop Contact’.
As part of our commitment to privacy and transparency, you can review more information about how we collect and use personal information via our Privacy Notice.
1. Wild in Art - https://www.wildinart.co.uk/privacy-policy
2. Leuchie Privacy - https://leuchie.org.uk/privacy
3. Bidpath - https://bidpath.com/privacy-policy
Buyer’s Guide
1. Introduction
This Buyer’s Guide contains a brief overview of the Leuchie Lighthouse Trail Auction process and the terms under which Lots are made available for sale at Auction. Please read the Buyer’s Guide and the Terms and Conditions of Sale carefully. By registering to bid and participate in the Auction, you will be deemed to have agreed to be bound by them.
2. Definitions
2.1. When the following words are used in this Buyer’s Guide, they mean:
Auction - A live sale by auction managed by Leuchie and Wild in Art.
Bidder - Any person, properly registered and approved by Leuchie and/or WIA to participate in the Auction who makes or considers making a bid to buy a Lot at Auction
Buyer - The person or organisation making the highest bid or offer for a Lot accepted by the auctioneer, including a principal bidding as agent.
Guarantee of Authenticity - Leuchie and WIA guarantee that the items sold at the auction are the Lighthouse sculptures created by artists, displayed at the Leuchie Lighthouse Trail event and sold to raise money for Leuchie.
Hammer Price - The highest bid for a Lot accepted by the auctioneer at the Auction or, in the case of a post-auction sale price.
Lot - Individual item listed in the Auction Catalogue.
Purchase Price - The Hammer Price
3. Before the Auction
3.1. Bidder Registration
3.1.1. Every person or organisation wishing to make a bid is required to register before participating at the Auction.
3.1.2 Those wishing to attend the Auction in person as a Bidder either in their own capacity or as an agent for another bidder, need to complete and return the Bidder Registration Form which will be available via email the week before or In hard copy on the night.
3.1.3 Those who wish to bid in the Auction by using an absentee, proxy or with a written bid must also complete a Bidder Registration Form which will be available via email the week before or In hard copy on the night.
3.1.4 Those who wish to bid in the Auction online must create a Wild in Art Auctions Account and register for the Leuchie Lighthouse Trail auction. The Online Auction Registration Form must be completed in full.
4. At the Auction
4.3. Bidding
4.3.1. All bids are by individual Lot unless the auctioneer states to the contrary during the live Auction. Lots will usually be sold in their numbered sequence, unless the auctioneer announces otherwise.
4.3.2. All bids must be made in English only.
4.3.3. The auctioneer may accept bids from Bidders present in the sale room, online
4.3.6. Online bids shall be made in accordance with and subject to the terms of the online auction platform.
4.3.7. The Auctioneer may accept or decline bids at his entire discretion.
5. After the Auction
5.1. Successful bids
5.1.1.Leuchie will raise invoices for each successful Bid at the end of the Auction and these will be sent to the successful Bidders by hand/email. The invoice will show the Hammer Price to be to be paid, and identify the Lot purchased.
5.2. Payment
5.2.1. Payment is due when the Lot is knocked down to you on the fall of the Auctioneer’s hammer in respect of the Lot.
5.2.2. Unless agreed in writing with you by Leuchie, you must pay all the sums in Pounds Sterling either on the evening upon winning the Lot or within 5 days of the invoice being issued and you must ensure that the funds are cleared by the 5th working day from when the invoice was issued. Payment must be in Pounds Sterling and may be made by electronic transfer, debit card, credit card (up to a maximum of £15,000), or cash (up to a maximum of £5,000).
5.2.3. Credit card payments are only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable and no charge card credit may be issued in the event of any such return. If payment is made by credit card, the Buyer will not undertake any action or effort to stop payment, seek a refund, or attempt a charge back of such amounts – or any Credit Card Fee assessed thereon – by the issuer of the credit card.
5.3. Shipping and storage
5.3.1. The Buyer is responsible for organising delivery or collection of their purchase and Lots must be collected within 7 days of the funds for the full purchase price clearing unless other agreed in writing with Leuchie
5.3.3 Alternatively Leuchie can provide a quote for delivery/shipping – please email us at fundraising@leuchie.org.uk
5.3.4 A Buyer who wishes to collect their sculpture must contact Leuchie by email at fundraising@leuchie.org.uk giving details of
(1) The name of the individual or company collecting the artwork – and agree a form of identification
(2) The proposed date of collection
Leuchie will then agree a date for the collection and send to the Buyer details of the address and collection time and other pertinent information. All collections are at the new Buyers’ risk.
Terms and Conditions
These Terms and Conditions of Sale (“Conditions”) set out the legal relationship between the Buyer and Leuchie By registering to bid and participate in the Leuchie LighthouseTrail Auction, you will be deemed to have read and agreed to be bound by these Conditions and the accompanying Buyer’s Guide.
1. Interpretation
In the event of any conflict between these Conditions and the Buyer’s Guide, these Conditions shall take precedence.
2. Definitions
2.1. The following words in these Terms and Conditions mean:
Auction - A live sale by auction managed by Leuchie and Wild in Art.
Bidder - Any person, properly registered and approved by Leuchie and/or WIA to participate in the Auction who makes or considers making a bid to buy a Lot at Auction
Buyer - The person or organisation making the highest bid or offer for a Lot accepted by the auctioneer, including a principal bidding as agent.
Guarantee of Authenticity – Leuchie and WIA guarantee that the items sold at the auction are the lighthouse sculptures created by artists, displayed at the Leuchie Lighthouse Trail Auction event and sold to raise money for Leuchie
Hammer Price - The highest bid for a Lot accepted by the auctioneer at the Auction or, in the case of a post-auction sale price.
Lot - Individual item listed in the Auction Catalogue.
Purchase Price - The Hammer Price
3. Catalogue descriptions and condition of Lots
3.1. All Lots are sold subject to their condition at the date of the Auction. By making a bid, the Bidder accepts the actual condition of the Lot and acknowledges that if a bid is successful, the Buyer will buy the Lot ‘as is’.
3.2. Leuchie cannot guarantee that colours are properly shown in the Auction catalogue. All Lots are sold ‘as is’. Bidders are encouraged to inspect Lots and satisfying themselves as to condition before bidding.
4. Before the Auction
4.1. Every Bidder must register using the Bidder Registration Form obtained via email the week before or a hard copy on the night of the event. Those who wish to bid in the Auction online must create a Wild in Art Auctions Account and register for the Leuchie Lighthouse Trail auction. The Online Auction Registration Form must be completed in full and the Bidder may be asked to provide credit card information to comply with our due diligence checks. Personal information shall be used only in accordance with Condition 7 below.
5. During the Auction
5.1 Leuchie reserves the right to refuse participation in the Auction and to reject any bid. Bids may not be accepted from unregistered bidders and all Bidders must be 18 or over and have sufficient funds to cover any bids made.
5.2. All bids must be made in Pounds Sterling and are exclusive of VAT.
5.3. The auctioneer has the right to exercise reasonable discretion in refusing any bid, advancing the bidding in such a manner as he may decide, and in the case of error or dispute, and whether during or after the sale, determining the successful Bidder, continuing the bidding, cancelling the sale or re-offering and reselling the Lot in dispute. If any dispute arises after the sale, then, in the absence of any evidence to the contrary the sale record maintained by the auctioneer will be conclusive.
5.4. When making a bid, every Bidder acknowledges that such bid is a binding offer to buy the Lot at that price (plus the, Buyer’s Expenses (if applicable), and any and all shipping charges, import duties/taxes, storage and other costs). A successful Bidder will be deemed to be the Buyer unless it has been explicitly agreed in writing with Leuchie before the start of the Auction and set out in the Bidder Registration Form that the Bidder is acting as agent on behalf of an identified third party acceptable to Leuchie and only then will Leuchie regard that third party as the Buyer. In such circumstances, the Bidder acting as agent confirms that he is authorized to bind the third party and that the Buyer has been made aware of and accepts these Conditions.
5.5. The Auctioneer will use reasonable efforts to execute written bids delivered before the Auction for Bidders unable to attend the auction in person, by an agent or by telephone or online. All such written bids must be made on Bidder Registration Form .
5.6. If the Auctioneer receives written bids on a particular Lot for identical amounts, and at the auction these are the highest bids on the Lot, it will be sold to the person whose written bid was received and accepted first. In all other cases of equal bids, the winning Bidder shall be selected at random by drawing names from a hat or as otherwise determined by Leuchie
5.6. Online bidding at Leuchie Lighthouse Trail Auction is made available via Bidpath (a third party software company) and online bidding is subject to their respective terms of use.
5.7. The Auction will be tracked on a video or digital screen, which may display, among other things, a photograph of the Lot offered for sale and the then-current bid. Bidders understand and agree that errors may occur in its operation and, except as expressly stated in the Buyer’s Guide or these Conditions, Leuchie shall have no liability arising out of or related to any errors or omission in respect thereto.
5.8. By participating in and/or attending the Auction and signing the Bidder Registration Form, each person consents to be filmed and/or photographed and agrees and authorises Wild in Art and Leuchie to use and publish such film and/or photographs, name and likeness for use in (1) providing online access to the Auction, (2) recording the results of the Auction, (3) print, digital, online and all other media for marketing purposes (including without limitation, on Wild in Art and Leuchie websites, Facebook Live, YouTube and other online platforms) and (4) in any other Wild in Art and Leuchie publications of whatever nature. The participant releases Wild in Art and Leuchie and holds them harmless from any reasonable expectation of confidentiality or privacy associated with such images and releases Wild in Art and Leuchie and any third parties involved in the making, creation or publication of the images or any marketing or other materials from all and any liability for claims made in respect of such publication. Publication of the images in whatever format confers no right of ownership on the individual or right to royalties or payment.
5.9. The highest bid accepted by the auctioneer at the close of the auction will be the Buyer and the conclusion of a contract for sale between the Seller and the Buyer. Risk and responsibility for the Lot passes to the Buyer at the point of sale on the date of sale and the Buyer should arrange insurance cover for the Lot if required.
6. After the Auction
6.1. Leuchie will raise invoices for each successful Bid and these will be sent to the successful Bidders by hand/email.
6.2. Unless a different arrangement (as set out in condition 5.2.2 of the Buyer's Guide) has been agreed by Leuchie payment is due within 5 working days of the invoice being issued and must be made by the Buyer. Payments from any other source will not be accepted and shall be returned by Leuchie
6.3. Title in the Lot will pass to Buyer and the Lot will be made available for collection by the Buyer only when Leuchie is completely satisfied that all monies owing have been paid in full.
6.4. Payment must be in Pounds Sterling and may be made by electronic transfer, debit card, credit card (up to a maximum of £15,000), or cash (up to a maximum of £5,000). Please quote the invoice number when making payment to ensure it can be processed as efficiently as possible.
6.5. Credit card payments are only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable and no charge card credit or refund may be issued in the event of any such return. If payment is made by credit card, Buyer will not undertake any action or effort to stop payment, seek a refund, or attempt a charge back of such amounts – or any Credit Card Fee assessed thereon – by the issuer of the credit card.
6.6. The Buyer will not acquire title to the Lot until all amounts due to Leuchie from the Buyer have been received by Leuchie in cleared funds even in circumstances where Leuchie has released the Lot to the Buyer.
6.7. In the event of default by the Buyer, Leuchie may take one or more of the following actions:
6.7.1. hold the Buyer liable for the total amount due and commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
6.7.2. cancel the sale;
6.7.3. resell the Lot publicly or privately on such terms as Leuchie shall think fit;
6.7.4 take such other action as Leuchie deem necessary or appropriate. If Leuchie resells the Lot under condition 7.7.3 above, the Buyer shall be liable for payment of any deficiency between the total amount originally due to Leuchie and the amount received upon resale as well as all reasonable costs, expenses, damages, legal fees and commissions and premiums of whatever kind associated with both sales or otherwise arising from the default.
6.8. Leuchie shall be entitled to retain Lots sold until all amounts due have been received in full in good cleared funds or until the Buyer has performed any other outstanding obligations as Leuchie shall reasonably require. Subject to this, the Buyer shall collect, or have shipped or collected for shipment, purchased Lots within 7 calendar days from the date of the sale unless otherwise agreed between Leuchie and the Buyer. Lots can be collected in person by appointment only (please see the Buyers Guide for further information).
6.9. It is the Buyer’s sole obligation and responsibility to be aware of, to comply with, and to pay for all relevant import duties, taxes, customs and other fees charged in the Buyer’s local jurisdiction. The Buyer understands and agrees that Leuchie shall have no obligation or responsibility for any import duties, taxes, customs, shipping or other charges for the Lots shipped. Failure by the Buyer to pay all necessary amounts may result in the relevant authorities returning the Lot to Leuchie and in those circumstances the Buyer will be charged and will pay storage costs and Leuchie’s additional reasonable costs and expenses.
6.10. It is the Buyer’s responsibility to ensure that any Lot purchased Leuchie enters the shipping location lawfully, that all duties and taxes have been paid and that all required export procedures, regulations, and laws were properly complied with. Buyer understands and agrees that WIA shall have no obligation or responsibility for complying with any export procedures, regulations, or laws applicable to the Lot.
6.11. If the Buyer wishes to apply for an export licence this does not affect or postpone the Buyer’s obligation to make payment in accordance with Leuchie payment terms nor Leuchie’s right to charge interest or storage charges on late collections.
7. Use of information
7.1. By registering to bid at the Leuchie Lighthouse Trail Auction you are consenting to allow Wild in Art and Leuchie (registered charity number SC042249) to contact you about the Leuchie Lighthouse Trail Auction and to process your personal data for the purposes of administering the Leuchie Lighthouse Trail Auction.
7.2. If you indicate that you may want to make an Absentee Bid, you are also consenting that this information will be provided to the Auctioneer for the purposes of administering the Leuchie Lighthouse Trail Auction.
7.3. If you register for the online auction, you are also consenting that this information will be provided to Bidpath for the purposes of administering the Leuchie Lighthouse Trail Auction.
7.4. After the auction, Leuchie may get in touch with you using the contact details you provide to ask if you would like to hear more from them in the future. If you would prefer not to be contacted for this purpose, please email fundraising@leuchie.org.uk using the subject line ‘Leuchie Lighthouse Trail Stop Contact’.
You will find further details about Privacy Policies for WIA, Leuchie and Bidpath and details about how we process personal data and how to exercise your privacy rights on Page 1 of the Buyers Guide.
8. Terms of Guarantee of Authenticity
8.1. Leuchie guarantee that the sculptures sold at the auction are the Lighthouse Sculptures created by artists for the purposes of raising money for Leuchie
8.2. Except as expressly provided in these Conditions Leuchie shall have no liability to the Buyer in respect of a Lot and all and any implied warranties and conditions are excluded to the fullest extent permitted by law.
9. Intellectual property rights
9.1. The copyright in all images, illustrations and written material produced by or for Wild in Art and Leuchie relating to a Lot (including the contents of the Auction catalogue), is and shall remain at all times the property of Wild in Art and Leuchie and shall not be used by the Buyer, nor by anyone else, without Wild in Art and Leuchie written consent. Wild in Art and Leuchie make no representation or warranty that the Buyer of a Lot will acquire any copyright or other reproduction rights in it.
10. Events outside our control
Leuchie will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Conditions that is caused by an event outside its control, that being any act or event beyond Leuchie’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks. Leuchie’s obligations shall be suspended and time for performance extended until such time as the event outside its control is over, following which a new collection or shipping date can be agreed.
11. Other important terms
11.1. If any part of these Conditions is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.
11.2. The contract is between the Buyer and Leuchie and no other person shall have any rights to enforce any of its terms.
11.3. If Leuchie fails to insist on performance of any of a Buyer’s obligations under these Conditions, or if it delays in doing so, that will not mean that Leuchie has waived its rights against the Buyer and does not mean the Buyer no longer has to comply with those obligations.
11.4. This agreement and conditions are governed by and construed in accordance with English law and the Parties agree to the exclusive jurisdiction of courts of England.