Roundel Art Auction Terms and Conditions

IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY. BY BIDDING ON AN ITEM YOU ARE ENTERING A LEGALLY BINDING CONTRACT AND CONFIRMING THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.

About the auction

This auction is operated by London Underground Limited, a company registered in England and Wales (company registration number 1900907). Our registered office is at 55 Broadway, London SW1H 0BD. Our VAT registration number is 756277008.

The auction is open for bids from 10pm on 19th October 2008 until 9pm on 29th October 2008.

We will donate 10% of the total sale proceeds achieved for the auctioned items to CLIC Sargent Cancer Care for Children, the UK’s leading children’s cancer charity. The remaining proceeds from the auction, after deduction of tax and administrative costs, will be apportioned between the artists and London Underground’s Art on the Underground programme. For the avoidance of doubt, amounts paid for optional services and postage do not form part of the total sale proceeds for these purposes.

Payment

Payment must be made in pounds sterling using the payment methods and procedures made available by eBay on this website.

If you choose any of the optional services we offer (e.g. framing), these are charged at additional cost as set out on this website.

Payment must be received within three days of you receiving an invoice for the items you have purchased. No payment will be deemed to have been made until we have cleared funds and we will not despatch items until we receive payment in full.

Where you are the successful bidder but you fail to make payment within three days, we reserve the right to offer the relevant item to another bidder.

Postage costs

If you require items to be delivered to you, postage costs are payable per item and will be added after the auction. They are in addition to the amount you pay to successfully bid on an item.

The postage costs for deliveries to mainland UK and overseas addresses are set out on this website.

If you require items to be delivered outside mainland UK, you may be subject to import requirements, duties and taxes. Any import charges must be borne by you - we have no control over these charges and cannot predict what they may be. Customs policies vary from country to country, so you should contact your local customs office for further information of any relevant charges. You are responsible for complying with all laws and regulations of the country in which you are importing the goods. Please be aware that cross-border deliveries may be subject to opening and inspection by customs authorities and delivery times can be affected due to packages being inspected by customs.

Delivery

We aim to despatch your item within 20 working days of receiving full payment from you, but we cannot give an exact delivery date. We will arrange for delivery of the item by courier to the address specified by you, unless you have told us that you wish to collect the item from our premises.

It is your responsibility to ensure that the delivery details you enter on the auction website are correct and complete. We are not responsible for supplying items if the details you submit when making your order are incorrect or incomplete.

Please allow up to 28 days for delivery. If you’ve not received the items within 28 days please let us know as soon as possible. If you have successfully bid on more than one item, they may be despatched separately and arrive with you at different times

Risk in the items shall pass to you on delivery and you will take responsibility for any damage to or loss of the items from that date.

VAT

VAT is applicable to the price of the items, any optional services you choose, and the postage costs. VAT on items is included in the bid price and therefore the winning bid price will be the actual cost of the item.

EU sales

For EU buyers who supply a VAT registration number, a sales invoice will be raised and VAT will be charged at zero rate.

Data protection and privacy

We will treat any personal information that you provide to us in connection with the auction in accordance with the Data Protection Act 1998 and other applicable UK privacy legislation. We will only use your personal information in accordance with these terms and conditions unless we have your consent to use it in any other ways. We have in place security systems and encryption technology to help ensure the security of your personal information.

By submitting your details when placing a bid, you allow us and our affiliates to use the personal information you provide for the following transaction-related purposes:

• to contact you in case of any issues with your bid;
• to deliver the items you successfully bid for. This would involve us disclosing your details to couriers and other subcontractors to the extent necessary to arrange delivery;
• our internal record keeping;
• to respond to enquiries submitted by you;
• to follow up as part of our customer care procedures.

We may contact you by e-mail, phone, fax or mail for these reasons, unless you have registered with the appropriate preference service. More information about Preference Services can be found at www.mpsonline.org.uk.

Our liability to you

These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence; fraud; or any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

We will make every effort to perform our obligations under these terms and conditions but we cannot be held responsible to you for any failure or delay, or for the consequences of any failure or delay, in the performance of our obligations due to any event beyond our reasonable control.

We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions - for example, if you and we could not have contemplated those losses before or when we enter into a contract.

Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost profits or business interruption.
Whilst we try to ensure that the information we make available on this website and in connection with the auction is accurate and up to date, we cannot be responsible for any inaccuracies in this information.

Other information of which you need to be aware

If there is any conflict, inconsistency or ambiguity between the listing details for the auction and these terms and conditions, the listing details will take precedence.

We reserve the right to withdraw, suspend or discontinue the auction in whole or in part at any time.

We advise you to print a copy of these terms and conditions when placing your bid for your future reference.

These terms and conditions and all communications between us will be conducted in the English language.

The laws of England and Wales apply to the auction and these terms and conditions. The English courts will have non-exclusive jurisdiction to settle any disputes which may arise between you and us in relation to the auction or these terms and conditions.