The Salford Literacy Trail Online Auction

 

Introduction

The Salford Literacy Trail Online Auction is managed by the National Literacy Trust, registered charity number 1116260, with Wild in Art (WIA) and with online auction partner Bidpath.

 

Data Protection

By registering to bid at Salford Literacy Trail Online Auction you are consenting to allow Wild in Art and the National Literacy Trust, registered charity number 1116260, to contact you about the Salford Literacy Trail auction and acknowledge that Wild in Art and the National Literacy Trust will process your personal data in accordance with their Privacy Notices for the purposes of administering the Salford Literacy 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 Salford Literacy 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.

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 - wildinart.co.uk/privacy-policy

2. The National Literacy Trust - literacytrust.org.uk/information/privacy-policy

3. Bidpath - bidpath.com/privacy-policy

 

Buyer’s Guide

1. Introduction

This Buyer’s Guide contains a brief overview of the Salford Literacy Trail Online 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 – An online auction managed by the National Literacy Trust and Wild in Art.

Bidder - Any person, properly registered and approved by the National Literacy Trust 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 National Literacy Trust, including a principal bidding as agent.

Guarantee of Authenticity - The National Literacy Trust and Wild in Art guarantee that the items sold at the auction are the BookBench sculptures created by schools and artists, displayed at the Salford Literacy Trail event and sold to raise money for the National Literacy Trust.

Hammer Price - The highest bid for a Lot accepted by the National Literacy Trust at the Auction or, in the case of a post-auction, the 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 in the Auction.

3.1.2 Those who wish to bid in the online auction must create a Wild in Art Auctions Account and register for the Salford Literacy Trail auction at slt.wildinartauctions.com. The Online Auction Registration Form must be completed in full.

 

3.2. Pre-Auction Viewing

3.2.1. All the Lots can be previewed as part of the Salford Literacy Trail from 14 July – 9 September 2022. A selection of BookBenches will also be available to view as part of We Invented The Weekend festival in Salford on 10-11 September 2022.

 

3.3. Delivery or Collection of Artworks

3.3.1. Without any liability, the National Literacy Trust can provide shipping estimates before the Auction; a Bidder requiring this information should email salfordliteracytrail@literacytrust.org.uk including the Lot number and shipping address at least 3 working days before the start of the Auction.

3.3.2. If delivery is requested, invoices for the delivery of sculptures by the National Literacy Trust will be raised by the National Literacy Trust and emailed to the successful buyer the day following the Auction. Invoices for delivery must be paid before delivery takes place.

3.3.3 If the Bidder is based outside the United Kingdom, the Bidder should ensure in advance of the Auction that the Lot can be exported from the UK and imported into the country of destination. No sale will be cancelled because the Lot may not be imported into the country of destination.

3.3.4 The National Literacy Trust will work with any parties who wish to export their sculptures. We will be able to recommended third-party independent freight agents who can advise Bidders on relevant export licensing regulations and may assist with export licence applications. Neither the National Literacy Trust nor its freight agents can guarantee that any licences, permits or consents will be granted. Any Bidder who may require this assistance needs to email the National Literacy Trust at least 7 days before the Auction.

 

4. The Auction

4.3. Bidding

4.3.1. All bids are by individual Lot unless stated otherwise. 

4.3.2. All bids must be made online and in English only.

 

4.3.3. Bidders who wish to make an online bid, should enter the maximum amount they would be happy to pay for the lot. Bids will be automatically executed for you as other bidders bid against you. Bidders will be notified by email if/when they are outbid. If Bidders want to bid above and beyond their initial bid, they can increase their bid at any time.

4.3.4. The closing date and time of the online auction is 22 September 2022 at 7pm. The lots will close in lot number order at 2 minute intervals. If you place a bid within the last 2 minutes of the countdown, the timer for that lot will extend for a further 2 minutes – this will allow other bidders the chance to increase their bid. The lot will close when no further bids are placed within this 2 minute extension window.

4.3.5. The National Literacy Trust may accept or decline bids at its entire discretion.

 

5. After the Auction

5.1. Successful bids

5.1.1. The National Literacy Trust will raise invoices for each successful Bid at the end of the Auction and these will be sent to the successful Bidders by 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 closes.

5.2.2. Unless agreed in writing with you by the National Literacy Trust, 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 £25,000), bankers draft 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 the National Literacy Trust.

5.3.2 The purchaser will be responsible for paying the daily storage cost of £350 per day from the 8th day after the National Literacy Trust has received the full purchase price in cleared funds.

5.3.3 Alternatively the National Literacy Trust can provide a quote for delivery/shipping – please email us at salfordliteracytrail@literacytrust.org.uk

5.3.4 A Buyer who wishes to collect their sculpture must contact the National Literacy Trust by email at salfordliteracytrail@literacytrust.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

The National Literacy Trust 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 the National Literacy Trust. By registering to bid and participate in the Salford Literacy Trail Auction, you will be deemed to have read and agreed to be bound by these Conditions and the accompanying Buyer’s Guide, as set out on www.salfordliteracytrail.org.uk

 

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 the National Literacy Trust and Wild in Art.

Bidder - Any person, properly registered and approved by the National Literacy Trust 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 National Literacy Trust, including a principal bidding as agent.

Guarantee of Authenticity – The National Literacy Trust and WIA guarantee that the items sold at the auction are the BookBench sculptures created by artists, displayed at the Salford Literacy Trail Auction event and sold to raise money for the National Literacy Trust.

Hammer Price - The highest bid for a Lot accepted by the National Literacy 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. The National Literacy Trust 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 from the National Literacy Trust or Wild in Art (including providing the relevant card information if required) in accordance with the Buyer’s Guide see Bidder Registration. Those who wish to bid in the Auction online must create a Wild in Art Auctions Account and register for the Salford Literacy Trail auction at slt.wildinartauctions.com. The Online Auction Registration Form must be completed in full. Personal information shall be used only in accordance with Condition 7 below.

 

5. During the Auction

5.1. The National Literacy Trust 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 National Literacy Trust has the right to exercise reasonable discretion in refusing any bid, advancing the bidding in such a manner as it 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 National Literacy Trust 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 the National Literacy Trust 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 the National Literacy Trust and only then will the National Literacy Trust 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. Online bidding at Salford Literacy Trail Auction is made available via Bidpath (a third party software company) and online bidding is subject to their respective terms of use.

5.6. The highest bid accepted by the National Literacy Trust 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. The National Literacy Trust will raise invoices for each successful Bid and these will be sent to the successful Bidders by email.

6.2. Unless a different arrangement (as set out in condition 5.2.2 of the Buyer's Guide) has been agreed by the National Literacy Trust, 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 the National Literacy Trust.

6.3. Title in the Lot will pass to Buyer and the Lot will be made available for collection by the Buyer only when the National Literacy Trust 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 £25,000), bankers draft 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 the National Literacy Trust from the Buyer have been received by the National Literacy Trust in cleared funds even in circumstances where the National Literacy Trust has released the Lot to the Buyer.

6.7. In the event of default by the Buyer, the National Literacy Trust 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 the National Literacy Trust shall think fit;

6.7.4 take such other action as the National Literacy Trust deem necessary or appropriate. If the National Literacy Trust 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 the National Literacy Trust 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. The National Literacy Trust 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 the National Literacy Trust 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 the National Literacy Trust 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 the National Literacy Trust 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 the National Literacy Trust and in those circumstances the Buyer will be charged and will pay storage costs and the National Literacy Trust or the National Literacy Trust’s additional reasonable costs and expenses.

6.10. It is the Buyer’s responsibility to ensure that any Lot purchased from the National Literacy Trust 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 the National Literacy Trust’s payment terms nor the National Literacy Trust’s right to charge interest or storage charges on late collections.

 

7. Use of information

7.1. By registering to bid at the Salford Literacy Trail Auction you are consenting to allow Wild in Art and the National Literacy Trust (registered charity number 1116260) to contact you about the Salford Literacy Trail Auction and to process your personal data for the purposes of administering the Salford Literacy Trail Auction.

7.2. 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 Salford Literacy Trail Auction.

You will find further details about Privacy Policies for Wild in Art, the National Literacy Trust and 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. The National Literacy Trust guarantee that the sculptures sold at the auction are the BookBench Sculptures created by artists for the purposes of raising money for the National Literacy Trust.

8.2. Except as expressly provided in these Conditions the National Literacy Trust 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 the National Literacy Trust 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 the National Literacy Trust and shall not be used by the Buyer, nor by anyone else, without Wild in Art and the National Literacy Trust’s written consent. Wild in Art and the National Literacy Trust 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

The National Literacy Trust 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 the National Literacy Trust’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. the National Literacy Trust’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 the National Literacy Trust and no other person shall have any rights to enforce any of its terms.

11.3. If the National Literacy Trust 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 the National Literacy Trust 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.