Light the North Auction in aid of Clan Cancer Support

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Description

Light the North Auction

Light the North Auction
Monday 1st November 2021 7pm for 7:30 Auction Start Time.

For Help on Online Registration and Online Bidding please IT Help on 01467 6237043320

Introduction
The Light the North is managed by Clan Cancer Support in partnership with Wild in Art (WIA) and supported by ANM Group in aid of Clan Cancer Support, registered charity number SC022606 (known hereafter as Clan).
The contract is between the Buyer and Clan Cancer Support and each Clan, Wild in Art and ANM have rights to enforce the terms.
Data Protection
By registering to bid at the Light the North Auction you are consenting to allow Light the North, Clan Cancer Support, Wild in Art and ANM Group to contact you about the Light the North Auction and to process your personal data for the purposes of administering the Light the North Auction.
Please see our Privacy Policies below for more information about how we process personal data and how to exercise your privacy rights:
1. Light the North / Clan Cancer Support
2. Wild in Art
3. ANM Group
Buyer’s Guide 1. Introduction This Buyer’s Guide contains a brief overview of Light The North 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 prior to making a bid. 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:
Light the North A project managed by Clan Cancer Support and where there are references to “Light the North” this refers to Clan Cancer Support as the party.
Auction A live sale by auction hosted by Light the North and managed by Clan Cancer Support in partnership with WiA and supported by ANM Group.
Bidder Any person, properly registered and approved by Light the North to participate in the Auction who makes or considers making a bid to buy a Lot at Auction.
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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 Light the North and WiA guarantee that the sculptures sold at the auction are the Light the North Sculptures created by artists displayed at the event and sold to raise money for Clan Cancer Support.
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 Auction Ticket Form which is available online at https://www.lightthenorth.co.uk/event/light-the-north-auction/. If a hard copy is required, please contact lighthousekeeper@clancancersupport.org.
3.1.3 Those who wish to bid in the Auction by using an absentee bid must register with ANM Group at https://charity.thainstoneonline.co.uk/auctions/info/id/174
3.1.4 Those who wish to bid in the Auction online must register with ANM Group at https://charity.thainstoneonline.co.uk/auctions/info/id/174
3.1.5. To register as an in-person Bidder, the Auction Ticket Form must be completed in full. To register as a virtual Bidder, the Bidder Registration Form must be completed in full.
3.1.6. If you are registering as an agent to bid on behalf of another party, you must complete the Auction Ticket Form or Bidder Registration Form in full. In addition, you must provide a written and signed authority from the third party confirming your authority to bid on their behalf.
3.2. Pre-Auction Viewing 3.2.1. All the Lots can be previewed at the Farewell Weekend from 29th – 31st October 2021 at the Gordon Barracks, Ellon Road, Aberdeen, AB23 8DB.
3.3. Delivery and Collection 3.3.1. Without any liability, Light the North can provide shipping estimates before the Auction; a Bidder requiring this information should email lighthousekeeper@clancancersupport.org including the Lot number and shipping address at least 5 working days before the start of the Auction.
3.3.2. If delivery is requested, invoices for the delivery of sculptures by Light the North will be raised by Clan Cancer Support and emailed to the successful buyer in the days 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.
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3.3.4 Light the North will work with any parties who wish to export their sculptures. We will be able to recommend third-party independent freight agents who can advise Bidders on relevant export licensing regulations and may assist with export licence applications. Neither Light the North 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 lighthousekeeper@clancancersupport.org at least 7 days before the Auction.
3.3.5 Large lighthouse sculptures will be sold inclusive of their plinth, and will be sold as seen. If you do not wish to keep your plinth please let us know by emailing lighthousekeeper@clancancersupport.org
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 or online.
4.3.4. Absentee bids will be executed at the lowest possible price.
4.3.5. Online bids shall be made in accordance with and subject to the terms of the online auction platform access provider ANM Group.
4.3.6. The Auctioneer may accept or decline bids at his entire discretion.
4.3.7. VAT is not chargeable on Auction lots.
5. After the Auction
5.1. Successful bids 5.1.1 Clan Cancer Support will complete an Auction Sheet for each successful Bid of the Auction and a copy of this will be given to each successful Bidder on the night of the auction. The Auction Sheet will show the Hammer Price to be paid and identify the Lot purchased. It will also confirm your Paddle Number / Bidder ID. The Auction Sheet is for information only and is not an invoice.
5.1.2. Clan Cancer Support will raise invoices for each successful Bid of the Auction and these will be emailed to the successful Bidders on the days following the auction. The invoice will show the Hammer Price 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 Light the North or Clan Cancer Support, you must pay all the sums to the charity in Pounds Sterling immediately upon winning the Lot and you must ensure that the funds are cleared by the 5th working day after the sale.
5.2.3. Payment must be in Pounds Sterling and may be made by electronic transfer, debit card, credit card (up to a maximum of £25,000) or bankers draft. We are unable to accept American Express.
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5.2.4. 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 All Lots will be stored at ShorePorters, 12A Virginia Street, Aberdeen after the Auction. Transport from the Auction to ShorePorters is free of charge to The Buyer.
5.3.2. The Buyer is solely responsible for organising delivery or collection of their purchase from ShorePorters and Lots must be collected within 10 working days of the funds for the full purchase price clearing unless other agreed in writing with Light the North or Clan Cancer Support.
The purchaser will be responsible for paying the daily storage cost of £40 per day from the 11th day after Clan Cancer Support has received the full purchase price in cleared funds.
5.3.2 A Buyer who wishes to collect their Sculpture must contact Light the North on lighthousekeeper@clancancersupport.org giving details of
(1) The name of the individual or company collecting the sculpture – and agree a form of identification
(2) The proposed date of collection
Light the North 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.
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Terms and Conditions
These Terms and Conditions of Sale (“Conditions”) set out the legal relationship between the Buyer and Light the North. By registering to bid and participate in this 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 https://www.lightthenorth.co.uk/event/light-the-north-auction/.
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. See 2.1 of Buyer's Guide.
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. Light the North cannot guarantee that colours are properly shown in the Auction catalogue. The Auction Catalogue is for illustrative purposes only and the Lots may vary to the images.
All Lots are sold ‘as is’. Bidders are encouraged to inspect Lots and satisfying themselves as to condition before bidding.
3.3 By placing a bid, the Buyer will be deemed to have satisfied themselves to all matters relating to the lot (i.e. condition etc.). Neither Clan, Wild in Art nor ANM make any warranty as to the condition of the Lots and the Buyer is strongly encouraged to carry out their own inspection prior to bidding.
3.4 Large lighthouse sculptures will be sold inclusive of their plinth, and will be sold as seen. If you do not wish to keep your plinth please let us know by emailing lighthousekeeper@clancancersupport.org
4. Before the Auction 4.1. Every Bidder must register with Light the North or the Auctioneers in accordance with the Buyer’s Guide see Bidder Registration. Personal information shall be used only in accordance with Condition 7 below.
5. At the Auction 5.1. Light the North, Clan Cancer Support and ANM Group reserves the right to refuse admission and/or participation at the Auction and to reject any bid. Bids may not be accepted from unregistered bidders and all Bidders must be aged 18 or over.
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The Buyer warrants and represents that they are:
• At least 18 years old
• They have registered and are the person who has registered
• They have read and accepted the Terms & Conditions
• They agree to commit to the bid in the event that it is accepted
• They have the power to enter into a contract to purchase the Lot.
5.2. All bids must be made in Pounds Sterling. 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 reoffering 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. 5.3. 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) all applicable taxes and any and all shipping charges, storage and other costs). A successful Bidder will be deemed to be the Buyer unless it has been explicitly agreed in writing with Light the North before the start of the Auction that the Bidder is acting as agent on behalf of an identified third party acceptable to Light the North (and registered with Light the North or the ANM Group), and only then will Light the North regard that third party as the Buyer. In such circumstances, the Bidder acting as agent confirms that he is authorised to bind the third party and that the Buyer has been made aware of and accepts these Conditions.
5.4. Light the North and ANM Group will use reasonable efforts to execute absentee bids delivered before the Auction for Bidders unable to attend the auction in person, by an agent or online. All such bids must be made at https://charity.thainstoneonline.co.uk/auctions/info/id/174
5.5. If Light the North via ANM Group 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.
5.6. Online bidding at Light The North is made available via third party service providers and use of their services and all 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. Bidders understand and agree that errors may occur in its operation and, except as expressly stated in the Buyer’s Guide or these Conditions, Light the North 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 registration form, each person consents to be filmed and/or photographed and agrees and authorises Wild in Art, Clan Cancer Support and Light the North 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 Light the North’s website, Facebook Live, YouTube and other online platforms) and (4) in any other Wild in Art, Clan Cancer Support and Light the North publications of whatever nature. The participant releases Wild in Art, Clan Cancer Support and Light the North and holds them harmless from any reasonable expectation of confidentiality or privacy associated with such images and releases Wild in Art, Clan Cancer Support and Light the North 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.
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5.9. The highest bid accepted by the auctioneer will be the Buyer and the striking of his hammer marks the acceptance of the highest bid 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.
5.10. VAT is not chargeable on Auction lots.
6. After the Auction 6.1.1 Clan Cancer Support will create an Auction Sheet for each successful Bid on the night of the Auction and these will be given to the successful Bidders by hand.
6.1.2 Clan Cancer Support will raise invoices for each successful Bid of the Auction and these will be emailed to the Buyer on the days following the action.
6.2. Unless a different arrangement (as set out in condition 5.2.2 of the Buyer's Guide) has been agreed by Clan Cancer Support, payment is due immediately upon receipt of invoice and must be made by the Buyer. Payments from any other source will not be accepted and shall be returned by Clan Cancer Support.
6.3. Title in the Lot will pass to Buyer and the Lot will be made available for collection by the Buyer only when Clan Cancer Support 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) or bankers draft. Please quote the Lot number, invoice number and Bidder ID 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 Clan Cancer Support from the Buyer have been received by Clan Cancer Support in cleared funds even in circumstances where Wild in Art and Light the North has released the Lot to the Buyer.
6.7. In the event of default by the Buyer, Clan Cancer Support, Wild in Art or ANM Group may take one or more of the following actions:
6.7.1. hold the Buyer liable for the total amount due and may 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 Clan Cancer Support shall think fit;
6.7.4 take such other action as Clan Cancer Support, Wild in Art or ANM Group deem necessary or appropriate. If Clan Cancer Support resells the Lot under condition 6.7.3 above, the Buyer shall be liable for payment of any deficiency between the total amount originally due to Clan Cancer Support 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. Clan Cancer Support 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
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obligations as Clan Cancer Support shall reasonably require. Subject to this, the Buyer shall collect, or have shipped or collected for shipment, purchased Lots within 10 calendar days from the date of the sale unless otherwise agreed between Light the North / Clan and the Buyer. Lots can be collected in person by appointment only.
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, VAT, customs and other fees charged in the Buyer’s local jurisdiction. The Buyer understands and agrees that Light the North, Clan and Wild in Art shall have no obligation or responsibility for any import duties, taxes, VAT, 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 Light the North and Clan and in those circumstances the Buyer will be charged and will pay storage costs and Clan’s additional reasonable costs and expenses.
6.10. It is the Buyer’s responsibility to ensure that any Lot purchased from Light the North 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 Clan Cancer Support 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 Clan Cancer Support’s payment terms nor Clan Cancer Support’s right to charge interest or storage charges on late payment.
7. Use of information 7.1. By registering to bid at the Light The North Auction you are consenting to allow Light the North, Clan Cancer Support and Wild in Art to contact you about the Light The North Auction and to process your personal data for the purposes of administering the Light The North 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 ANM Group for the purposes of administering the Light The North Auction.
For further details about Privacy Policies for Light the North, Clan, Wild in Art and ANM Group and how we process personal data and how to exercise your privacy rights on Page 1.
8. Terms of Guarantee of Authenticity 8.1. Clan Cancer Support guarantee that the sculptures sold at the auction are the Light The North Sculptures created by artists for the purposes of raising money for Clan Cancer Support.
8.2. Except as expressly provided in these Conditions, Clan Cancer Support 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 Light the North relating to a Lot (including the contents of the Auction catalogue), is and shall remain at all times the property of Wild in Art, Clan Cancer Support and Light the North and shall not be used by the Buyer, nor by anyone else, without Wild in Art, Clan Cancer Support and Light the North’s written consent. Wild in Art, Clan Cancer Support and Light the North make no representation or warranty that the Buyer of a Lot will acquire any copyright or other reproduction rights in it.
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10. Events outside our control Clan Cancer Support 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 Clan’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, epidemic or other natural disaster, or failure of public or private telecommunications networks. Clan’s obligations shall be suspended and time for performance extended until such time as the event outside it’s 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 Light the North and no other person shall have any rights to enforce any of its terms.
11.3. If Clan Cancer Support 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 Clan Cancer Support 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 Scottish law and the Parties agree to the exclusive jurisdiction of courts of Scotland.
Shipping info

Bidders are responsible for arranging shipping/transport of lots.
Terms and conditions

CONTRACTS
All accepted bids are contracts and Once the Hammer is down are considered final and non withdrawable.

DEPOSIT
Online bidders are required to lodge a deposit of £500 prior to bidding. Deposits will be credited against any online purchases. Unused balances will be refunded after the sale. Note that refunds may take up to 5 days from the close of the sale.

Terms and Conditions
These Terms and Conditions of Sale (“Conditions”) set out the legal relationship between the Buyer and Light the North. By registering to bid and participate in this 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 https://www.lightthenorth.co.uk/event/light-the-north-auction/.
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. See 2.1 of Buyer's Guide.
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. Light the North cannot guarantee that colours are properly shown in the Auction catalogue. The Auction Catalogue is for illustrative purposes only and the Lots may vary to the images.
All Lots are sold ‘as is’. Bidders are encouraged to inspect Lots and satisfying themselves as to condition before bidding.
3.3 By placing a bid, the Buyer will be deemed to have satisfied themselves to all matters relating to the lot (i.e. condition etc.). Neither Clan, Wild in Art nor ANM make any warranty as to the condition of the Lots and the Buyer is strongly encouraged to carry out their own inspection prior to bidding.
3.4 Large lighthouse sculptures will be sold inclusive of their plinth, and will be sold as seen. If you do not wish to keep your plinth please let us know by emailing lighthousekeeper@clancancersupport.org
4. Before the Auction 4.1. Every Bidder must register with Light the North or the Auctioneers in accordance with the Buyer’s Guide see Bidder Registration. Personal information shall be used only in accordance with Condition 7 below.
5. At the Auction 5.1. Light the North, Clan Cancer Support and ANM Group reserves the right to refuse admission and/or participation at the Auction and to reject any bid. Bids may not be accepted from unregistered bidders and all Bidders must be aged 18 or over.
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The Buyer warrants and represents that they are:
• At least 18 years old
• They have registered and are the person who has registered
• They have read and accepted the Terms & Conditions
• They agree to commit to the bid in the event that it is accepted
• They have the power to enter into a contract to purchase the Lot.
5.2. All bids must be made in Pounds Sterling. 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 reoffering 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. 5.3. 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) all applicable taxes and any and all shipping charges, storage and other costs). A successful Bidder will be deemed to be the Buyer unless it has been explicitly agreed in writing with Light the North before the start of the Auction that the Bidder is acting as agent on behalf of an identified third party acceptable to Light the North (and registered with Light the North or the ANM Group), and only then will Light the North regard that third party as the Buyer. In such circumstances, the Bidder acting as agent confirms that he is authorised to bind the third party and that the Buyer has been made aware of and accepts these Conditions.
5.4. Light the North and ANM Group will use reasonable efforts to execute absentee bids delivered before the Auction for Bidders unable to attend the auction in person, by an agent or online. All such bids must be made at https://charity.thainstoneonline.co.uk/auctions/info/id/174
5.5. If Light the North via ANM Group 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.
5.6. Online bidding at Light The North is made available via third party service providers and use of their services and all 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. Bidders understand and agree that errors may occur in its operation and, except as expressly stated in the Buyer’s Guide or these Conditions, Light the North 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 registration form, each person consents to be filmed and/or photographed and agrees and authorises Wild in Art, Clan Cancer Support and Light the North 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 Light the North’s website, Facebook Live, YouTube and other online platforms) and (4) in any other Wild in Art, Clan Cancer Support and Light the North publications of whatever nature. The participant releases Wild in Art, Clan Cancer Support and Light the North and holds them harmless from any reasonable expectation of confidentiality or privacy associated with such images and releases Wild in Art, Clan Cancer Support and Light the North 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.
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5.9. The highest bid accepted by the auctioneer will be the Buyer and the striking of his hammer marks the acceptance of the highest bid 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.
5.10. VAT is not chargeable on Auction lots.
6. After the Auction 6.1.1 Clan Cancer Support will create an Auction Sheet for each successful Bid on the night of the Auction and these will be given to the successful Bidders by hand.
6.1.2 Clan Cancer Support will raise invoices for each successful Bid of the Auction and these will be emailed to the Buyer on the days following the action.
6.2. Unless a different arrangement (as set out in condition 5.2.2 of the Buyer's Guide) has been agreed by Clan Cancer Support, payment is due immediately upon receipt of invoice and must be made by the Buyer. Payments from any other source will not be accepted and shall be returned by Clan Cancer Support.
6.3. Title in the Lot will pass to Buyer and the Lot will be made available for collection by the Buyer only when Clan Cancer Support 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) or bankers draft. Please quote the Lot number, invoice number and Bidder ID 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 Clan Cancer Support from the Buyer have been received by Clan Cancer Support in cleared funds even in circumstances where Wild in Art and Light the North has released the Lot to the Buyer.
6.7. In the event of default by the Buyer, Clan Cancer Support, Wild in Art or ANM Group may take one or more of the following actions:
6.7.1. hold the Buyer liable for the total amount due and may 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 Clan Cancer Support shall think fit;
6.7.4 take such other action as Clan Cancer Support, Wild in Art or ANM Group deem necessary or appropriate. If Clan Cancer Support resells the Lot under condition 6.7.3 above, the Buyer shall be liable for payment of any deficiency between the total amount originally due to Clan Cancer Support 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. Clan Cancer Support 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
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obligations as Clan Cancer Support shall reasonably require. Subject to this, the Buyer shall collect, or have shipped or collected for shipment, purchased Lots within 10 calendar days from the date of the sale unless otherwise agreed between Light the North / Clan and the Buyer. Lots can be collected in person by appointment only.
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, VAT, customs and other fees charged in the Buyer’s local jurisdiction. The Buyer understands and agrees that Light the North, Clan and Wild in Art shall have no obligation or responsibility for any import duties, taxes, VAT, 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 Light the North and Clan and in those circumstances the Buyer will be charged and will pay storage costs and Clan’s additional reasonable costs and expenses.
6.10. It is the Buyer’s responsibility to ensure that any Lot purchased from Light the North 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 Clan Cancer Support 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 Clan Cancer Support’s payment terms nor Clan Cancer Support’s right to charge interest or storage charges on late payment.
7. Use of information 7.1. By registering to bid at the Light The North Auction you are consenting to allow Light the North, Clan Cancer Support and Wild in Art to contact you about the Light The North Auction and to process your personal data for the purposes of administering the Light The North 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 ANM Group for the purposes of administering the Light The North Auction.
For further details about Privacy Policies for Light the North, Clan, Wild in Art and ANM Group and how we process personal data and how to exercise your privacy rights on Page 1.
8. Terms of Guarantee of Authenticity 8.1. Clan Cancer Support guarantee that the sculptures sold at the auction are the Light The North Sculptures created by artists for the purposes of raising money for Clan Cancer Support.
8.2. Except as expressly provided in these Conditions, Clan Cancer Support 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 Light the North relating to a Lot (including the contents of the Auction catalogue), is and shall remain at all times the property of Wild in Art, Clan Cancer Support and Light the North and shall not be used by the Buyer, nor by anyone else, without Wild in Art, Clan Cancer Support and Light the North’s written consent. Wild in Art, Clan Cancer Support and Light the North make no representation or warranty that the Buyer of a Lot will acquire any copyright or other reproduction rights in it.
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10. Events outside our control Clan Cancer Support 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 Clan’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, epidemic or other natural disaster, or failure of public or private telecommunications networks. Clan’s obligations shall be suspended and time for performance extended until such time as the event outside it’s 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 Light the North and no other person shall have any rights to enforce any of its terms.
11.3. If Clan Cancer Support 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 Clan Cancer Support 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 Scottish law and the Parties agree to the exclusive jurisdiction of courts of Scotland.