This page (together with the documents referred to on it) informs you of the terms and conditions (the 'Terms') on which you use our website www.lotsofcharity.com (the 'Site') to bid (a 'Bid') for goods, services and/or experiences (the 'Lots') listed in the online auctions on the Site (the 'Auctions') by third party charities (the 'Charities') and the terms upon which we facilitate such Bids.
Please read these Terms carefully and make sure that you understand them, before placing a Bid for any Lot on our Site. You should understand that by making a Bid, you agree to be bound by these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
Please click on the 'Accept Terms' button in the registration page if you accept them. Please understand that if you refuse to accept these Terms, you will not be able to Bid on any Lots from a Charity on our Site.
We amend these Terms from time to time as set out in clause 29. Every time you wish to Bid on any Lots, please check these Terms to ensure you understand the terms which will apply at that time.
1 Information about us
1.1 We operate the Site. We are Lots of Charity Limited. We are registered in England and Wales under company number 8904444 and we have our registered office at 200 Strand, London, WC2R 1DJ. Our main trading address is Third Floor, 200 Strand, London, WC2R 1DJ.
1.2 To contact us, please see our Contact Us page.
2 Use of Our Site
3 Service availability
Our Site is for use by people resident in all countries. We however reserve the right to publish a list of countries we will serve (the 'Serviced Countries'). We may thereafter restrict or refuse to except Bids unless the person making the Bid is resident in a Serviced Country.
4.1 You shall be required to register an account with us (an 'Account') in order to Bid for Lots on the Site.
4.2 By registering an Account with us and by making a Bid via a Charity through our Site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) you are resident in the [United Kingdom];
(d) you are accessing our Site from the [United Kingdom];
(e) [you are not an employee (or a member of an employee’s immediate family) of a Charity that is advertising the specific Lot or any subsidiary of such Charity];
(f) you have not previously had your user registration cancelled;
(g) you are not registering an Account on behalf of another person;
(h) you have provided true, current and complete registration information;
(i) you will not create more than one personal Account and, if we disable your Account, you will not create another one without our permission;
(j) you will keep your contact information accurate and up-to-date; and
(k) you will not transfer your Account (or any part thereof) to anyone without first getting our written permission.
4.3 You will need a username and password to access the Site and use the facilities on the Site. You are solely responsible for maintaining the security of your username and password and you are responsible for any action taken under your username or password. You may not disclose your password to any third party or do anything else that might jeopardise the security of your Account If your password is compromised you must change your password.
5 Our status
5.1 Please note that we are a limited service provider on behalf of third party Charities in that we provide the Site solely for the purposes of facilitating the:
(a) hosting of Auctions;
(b) making of Bids; and
(c) the sale of Lots (where an individual has made the highest Bid which matches or exceeds (where applicable) the minimum price (the 'Reserve Price') which the Lot must achieve in order for a Bid to be accepted by the Charity (the 'Winning Bids' and 'Winning Bidder' shall be construed accordingly).
5.2 We are not your agent or the agent of the Charity. If you make a Bid, the resulting legal contract is between you and that specific Charity, and is subject to the terms and conditions of that specific Charity, which they will advise you of themselves (the 'Charity T&Cs'). If there are no Charity T&Cs, the terms of the legal contract between you are the Charity shall be governed by these Terms. The Charity T&Cs are discussed in clause 6 below and the formation of the contract with the Charity is discussed further in clause 7 below.
5.3 We do not supply Lots to Winning Bidders directly. We cannot give any undertaking that Lots you purchase from third party Charities through our Site, will be of satisfactory quality or carried out with reasonable skill and care, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against us or the third party Charity (please see clause 9 for further information).
6 The Charity T&Cs
6.1 Before making a Bid, you should carefully review the Charity T&Cs applying to the transaction. By making a Bid you agree to adhere to the relevant Charity T&Cs.
6.2 In the event of any inconsistencies between the Charity T&Cs and these Terms, the Charity T&Cs shall prevail. If the Charity does not have any terms and conditions, these Terms shall apply.
6.3 When you make a Winning Bid for a Lot, you are obliged to complete the purchase by sending full payment to the Charity using the methods of payment as notified to you by the Charity. We do not take payment from you but we do take a commission from the Charity which is based on a percentage of the Winning Bid. Please see clause 15 for further details.
6.4 If you are in breach of the Charity T&Cs, not only may the Charity take action against you for such breach, we reserve the right to record such breach in your Account, remove or limit your ability to Bid and/or suspend or remove your Account.
6.5 The enforcement of any contractual obligations arising out of the completion of a transaction using the Site is the responsibility of you and the specific Charity that is party to that transaction. We are not obliged to mediate between you and any Charity or enforce or execute fulfilment of any contract. You use the Site at your own risk. You will resolve any subsequent dispute directly with the Charity.
7 How the contract is formed between you and the Charity
7.1 Unless otherwise stipulated in the specific Charity T&Cs, by making a Lot available via an Auction on the Site, the relevant Charity is making an offer of the Lot to the Winning Bidder. Your Bid therefore constitutes a binding contract with the Charity (the 'Contract') that you will pay the amount of the Bid to the Charity if you are the Winning Bidder at the end of the Auction.
7.2 After making a Bid for a Lot advertised by a Charity on the Site, you will receive an email from that Charity acknowledging that the Charity has received your Bid. Please note that this does not mean that your Bid is the Winning Bid. The Charity will, by sending you a further email, subsequently confirm whether or not your Bid has been exceeded or is the Winning Bid (the 'Winning Bid Notification').
8 Bid retraction policy
8.1 Your Bid is active until an Auction ends. Once you place a Bid, you need to pay for the Lot if you are the Winning Bidder.
8.2 Subject to the provisions of clause 8.3, you are not allowed to retract any Bid, including (without limitation) for any of the following reasons:
(a) You changed your mind about buying the Lot;
(b) You wanted to find out the Reserve Price of the Lot;
(c) You wanted to find out how high another individual has Bid on a Lot; or
(d) You only wanted one Lot but placed bids on multiple identical Lots. You should only Bid on multiple Lots if you intend to buy all of them.
8.3 The following are the exceptions when you are allowed to retract or cancel a Bid (if you comply with the time limits):
(a) Any exceptions listed in the relevant Charity T&Cs;
(b) [You accidentally enter the wrong amount for your Bid. If you do so, you will be required to enter the correct Bid immediately;] and
(c) [The Lot description has changed significantly after you placed your Bid;].
9 Your right to return Lots
9.1 Your right to return Lots to a Charity will be governed by the relevant Charity T&Cs (or in the absence of any such Charity T&Cs, these Terms).
9.2 However, please be aware that, irrespective of the contents of these Terms or the Charity T&Cs, you have certain statutory rights. These include the following:
(a) Under Sale of Goods Act 1979 (as amended) it is the Charity’s responsibility to ensure that the Lots are of satisfactory quality, as described and fit for purpose;
(b) Under the Supply of Goods and Services Act 1982 the service supplier is required to carry out a service with reasonable care and skill and within a reasonable time. Similarly, if not explicitly agreed between the parties, the law will imply that any goods and materials supplied must be of satisfactory quality and at a reasonable cost; and
(c) Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have to refund the Winning Bid relating to a Lot (and original delivery charges, if any) if you notify the Charity that you have changed your mind within 14 clear days of the date that you receive the Lot. You then have an additional 14 calendar days from when you let the Charity know they want to return the Lot, to actually return it, or provide proof of the return.
9.3 If you would like information about your legal rights you should seek independent legal advice or contact your local trading standards or citizens advice bureaux.
10 Images of Lots
10.1 The images of the Lots on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Lots. Your Lots may vary slightly from those images.
10.2 The packaging of the Lots may vary from that shown on images on our Site.
11 Availability and delivery of Lots
11.1 All Lots shown on our Site are subject to availability. The Charity will inform you by email as soon as possible if the Lot you have Bid for is not available and the Charity will not process your Winning Bid in such case.
11.2 Any Winning Bid will be fulfilled by the Charity by the delivery date set out in the Winning Bid Confirmation or, if no delivery date is specified, within 30 days of the date of the Winning Bid Confirmation, unless there are exceptional circumstances. Occasionally the delivery of the Lot by the Charity to you may be affected by an Event Outside Our Control. See clause 22 for our and the Charities’ responsibilities when this happens
11.3 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Lots and your address.
11.4 Delivery of a Lot to a Winning Bidder shall be completed when the Charity delivers the Lot to the address the Winning Bidder gave the Charity (or, in the absence of such, to the address notified to us in your Account details).
11.5 If the Charity is unable to deliver all of the Lots for which you had Winning Bids, due to operational reasons or shortage of stock, the Charity will deliver the Lots in instalments. The Charity may decide to charge you extra delivery costs for this. In addition, if you ask the Charity to deliver the Lots in instalments, the Charity may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by the Charity T&Cs, or if the Charity does not have any Charity T&Cs, these Terms. If the Charity is late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
12 Risk and title
12.1 The Lots will be your responsibility from the time of delivery.
12.2 Ownership of the Lots will only pass to you when the Charity receives full payment of all sums due in respect of the Lots, including delivery charges.
We ensure that the Charities warrant to you that any Lot purchased from them through our Site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
14 If there is a problem with any Lot
14.1 In the unlikely event that there is any defect with a Lot:
(a) please contact the Charity as soon as reasonably possible;
(b) if there is a problem with resolving the issue as between you and the Charity, please give us a reasonable opportunity to liaise with the Charity to ensure that the Charity repairs or fixes any defect;
(c) the Charity will use every reasonable effort to repair or fix the defect as soon as reasonably practicable; and
(d) you will not have to pay for the Charity to repair or fix a defect with the Lots under this clause 14.1.
15.1 Payment for all Lots must be made to the Charity via the methods specified in the Charity T&C’s [and/or on the Charity page of the Site] [and/or in the description of the Lots].
15.2 If you do not make any payment due to us by the due date for payment, the Charity may charge interest to you on the overdue amount at the rate specified in the relevant Charity T&Cs or, in the absence of any Charity T&Cs, at a rate of 3% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
15.3 However, if you dispute any payment in good faith and contact us and the Charity to let us know promptly after you have received a request for payment that you dispute it, clause 15.2 will not apply for the period of the dispute.
15.4 Please be aware that, in consideration for the services that we provide via the Site and for facilitating an Auction, each Charity pays us a commission calculated as a percentage on the total Winning Bid payable by you for any Lot. Consequently, you accept and acknowledge that a proportion of the Winning Bid will not be utilised by the Charity for charitable purposes.
16 Our liability and the Charity’s liability
16.1 Subject to clause 16.3, if we fail to comply with these Terms or the Charity fails to comply with the terms of any Contract, we and the Charity shall only be liable to you up to the amount of the relevant Winning Bid.
16.2 Subject to clause 16.3, we or the Charity will not be liable for losses that result from our failure or the Charity’s failure to comply with these Terms that fall into the following categories even if such losses result from our or the Charity’s deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 16.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 16.2. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us or the Charity at the time we entered into these Terms or the Charity entered into a Contract.
16.3 Nothing in these Terms excludes or limits liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples);
(e) defective products under the Consumer Protection Act 1987; or
(f) any other matter for which it would be illegal for us or a Charity to exclude or attempt to exclude liability.
16.4 The Charities only supply the Lots for domestic and private use. You agree not to use the Lots for any commercial, business or re-sale purpose, and we and the Charities have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17 Import duty
17.1 If you purchase Lots from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before making a Bid.
17.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Lots are destined. We will not be liable for any breach by you of any such laws.
18 How we may use your personal information
19 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
20.1 All notices given by you to us must be given to Lots of Charity Limited at Third Floor, 200 Strand, London, WC2R 1DJ at the address they have supplied to you. We may give notice to you at either the email or postal address you provide to us when registering your Account, or in any of the ways specified in clause 19 above. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
20.2 For details of how to serve notices on a Charity, please see the relevant Charity T&Cs (which are accessible via the Site) or, if there are no such Charity T&Cs, please contact us as specified in clause 20.1 above.
21 Transfer of rights and obligations
21.1 The Contract between you and the Charity is binding on you and the Charity and on your respective successors and assignees.
21.2 You and the Charity may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
21.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms, at any time.
22 Events outside our control
22.1 We and/or the Charity will not be liable or responsible for any failure to perform, or delay in performance of, any of our respective obligations that is caused by events outside our reasonable control (an 'Event Outside Our Control').
22.2 An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, snow, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
22.3 If an Event Outside Our Control takes place that affects the performance of our or the Charity’s obligations under these Terms or a Contract:
(a) We and/or the Charity will contact you as soon as reasonably possible to notify you; and
(b) Our and/or the Charity’s performance under these Terms and/or any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. Where the Event Outside Our Control affects the Charity’s delivery of Lots to you, the Charity will arrange a new delivery date with you after the Event Outside Our Control is over. The Charity will use its reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which its obligations under the Contract may be performed despite the Event Outside Our Control.
22.4 You may cancel the Contract if an Event Outside Our Control takes place and you no longer wish the Charity to provide the Lots. Please see your cancellation rights under clause 23. The Charity may cancel the Contract in accordance with our cancellation rights in clause 24.
22.5 Where a Lot is for services, once the Charity has begun to provide the services to you, you may cancel the Contract for the services at any time by providing the Charity with at least 30 calendar days' notice in writing. Any advance payment you have made for services that have not been provided will be refunded to you.
22.6 Where a Lot is for services, once the Charity has begun to provide the services to you, you may cancel the Contract for services with immediate effect by giving the Charity written notice if the:
(a) Charity breaches a Contract in any material way and does not correct or fix the situation within seven (7) days of you asking the Charity to in writing;
(b) specific Charity goes into liquidation or a receiver or an administrator is appointed over the Charity’s assets;
(c) Charity changes the Charity T&Cs to your material disadvantage; and/or
(d) Charity is affected by an Event Outside Our Control.
23 Charities' cancellation rights
23.1 The Charity may have to cancel a Contract before the Lots are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of services) key personnel or key materials without which the services cannot be provided. The Charity will promptly contact you if this happens.
23.1.1 If the Charity has to cancel a Contract under clause 24.1 and you have made any payment in advance for Lots that have not been delivered to you, the Charity will refund these amounts to you.
23.1.2 Where the Charity has already started work on a Contract for services by the time the Charity has to cancel under clause 24.1, the Charity will not charge you anything and you will not have to make any payment to us.
23.2 Once the Charity has begun to provide the Services to you, the Charity may cancel the Contract for the Services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for services that have not been provided to you, the Charity will refund these amounts to you.
23.3 We may block provision to you of the Site and/or the Charity may cancel a Contract at any time with immediate effect by giving you written notice if you:
(a) do not pay the Charity when you are supposed to as set out in clause 15. This does not affect the Charity’s right to charge you interest under clause 15.2; or
(b) breach these Terms or break the Contract in any other material way and you do not correct or fix the situation within seven (7) days of us or the Charity asking you to in writing.
23.4 The Charity will usually refund any money received from you using the same method originally used by you to pay for your Lot.
You may leave feedback and/or ratings (the 'Feedback') about Charities relating to a Charity’s performance in running Auctions via email. You acknowledge and accept that such Feedback will be publicly available for viewing on the Site. We are not responsible for checking or editing the Feedback on the Site. You consent to the publication of, and authorise us to publish, the Feedback. You release us from and waive all rights against us in respect of any liability arising out of or in connection with the publication of any such Feedback.
25.1 If a Charity or we fail to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we or a Charity fails to exercise any of the rights or remedies to which we are entitled under these Terms or a Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
25.2 A waiver by us or a Charity of any default will not constitute a waiver of any subsequent default.
25.3 No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 20 above.
If any court or competent authority decides that any of the provisions of these Terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
27 Entire agreement
27.1 These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these Terms.
27.2 We each acknowledge that, in entering into these Terms or, in the Charity entering into a Contract with you, none of the parties rely on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
27.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in these Terms (whether made innocently or negligently) will be for breach of contract.
27.4 Nothing in this clause limits or excludes any liability for fraud.
28 Our right to vary these Terms
28.1 We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
28.2 You will be subject to the policies and terms and conditions in force at the time that you make a Bid, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to all Bids previously placed by you), or if we notify you of the change to those policies or these Terms before the Charity sends you the Winning Bid Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Lot(s)).
29 Law and jurisdiction
These Terms and any Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Terms and any Contract or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
30 Third party rights
A person who is not party to these Terms or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.