AUCTION TERMS
These Terms & Conditions govern participation in any auction, campaign or fundraising event operated by Exceed Group Ltd trading as EXCEED GIVING (“Exceed”).
By placing a bid, buy-it-now purchase or donation, you confirm that you have read and accepted these Terms.
1. Definitions
1.1 Bidder means any individual placing a bid or purchase in an Auction.
1.2 Fundraiser means the charity, foundation or beneficiary in whose favour the Auction is conducted.
1.3 Auction means the campaign or event in which Lots are offered.
1.4 Lot means any product, experience, service or package offered for bidding.
1.5 Exceed means Exceed Group Ltd (Company No. 09802671), registered in England and Wales.
1.6 Supplier means the third-party provider of any Lot.
2. Eligibility & Bidding
2.1 Bidders must be aged 18 or over.
2.2 All bids constitute a legally binding offer.
2.3 Once the Auction closes, all winning bids are final and non-refundable.
2.4 Exceed reserves the right to reject, withdraw or amend any Lot at its discretion prior to confirmation.
3. Payment
3.1 If you are the successful Bidder, payment is due immediately upon Auction close.
3.2 Payment may be taken automatically via the registered card or processed at the event.
3.3 Failure to make payment may result in cancellation of the Lot and reallocation.
4. Nature of the Contract
4.1 Exceed acts solely as disclosed agent for the Supplier.
4.2 The contract for provision of the Lot is between the Bidder and the Supplier.
4.3 Exceed shall not be liable for the performance, non-performance, insolvency or acts of any Supplier, except as expressly stated in these Terms.
5. Voucher Validity, Redemption & Completion
5.1 Unless expressly stated otherwise in writing, all experiences and vouchers are valid for twelve (12) months from the date of the Auction.
5.2 The experience must be both:
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(a) redeemed and confirmed by way of a binding booking; and
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(b) fully taken and completed,
within the twelve (12) month validity period.
5.3 For the avoidance of doubt:
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Making contact, expressing an intention to book, or submitting preferred dates does not constitute redemption.
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A provisional booking or date enquiry does not constitute redemption.
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A booking for a date falling after the validity period does not preserve or extend validity.
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The experience itself must take place within the validity period.
5.4 Time is of the essence in relation to redemption and completion.
5.5 If the experience has not been both redeemed and fully taken within the validity period:
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the voucher shall automatically expire;
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all rights to redeem or take the experience shall be forfeited in full;
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no extension, reinstatement, credit or refund shall be provided.
5.6 The Bidder acknowledges that the validity period forms a fundamental condition of the Lot and an essential element of the commercial structure agreed between Exceed, the Fundraiser and the Supplier. Extending expired vouchers would materially prejudice that structure and is therefore not permitted.
6. Costs & Exclusions
6.1 Unless expressly stated, flights are excluded from all Lots.
6.2 The Bidder is responsible for all additional costs necessary to enjoy the Lot, including but not limited to travel, accommodation, insurance, visas, taxes, food and incidental expenses.
6.3 Some Suppliers may require refundable security deposits.
7. Donations & Charitable Component
7.1 The Bidder acknowledges that participation in the Auction is for charitable fundraising purposes.
7.2 For non-donated Lots:
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The supply price is retained to cover the cost of the experience.
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100% of the winning bid above the supply price is paid to the Fundraiser.
7.3 For donated Lots:
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100% of the winning bid is paid to the Fundraiser.
7.4 Any amount bid above the minimum bid value may be treated as a charitable donation and is irrevocable and non-refundable.
8. Cancellation, Force Majeure & Supplier Insolvency
8.1 Exceed shall not be liable for delay or non-performance caused by circumstances beyond its reasonable control.
8.2 In the event of force majeure, government restriction, venue closure or Supplier insolvency:
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The Bidder shall receive a credit equivalent to the supply price paid for the Lot.
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Any amount bid above the supply price shall remain a charitable donation.
8.3 No cash refund shall be provided unless required by law.
9. Limitation of Liability
9.1 Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud or any liability that cannot legally be excluded.
9.2 Subject to clause 9.1, Exceed’s total liability shall not exceed the supply price of the Lot.
9.3 Exceed shall not be liable for indirect, consequential or economic loss.
10. Images & Availability
10.1 Images are illustrative only.
10.2 All Lots are subject to availability.
11. No Waiver
11.1 No failure or delay by Exceed in exercising any right shall constitute a waiver.
11.2 Any concession or accommodation granted at Exceed’s discretion shall not create a precedent or ongoing obligation.
11.3 No variation of these Terms shall be effective unless agreed in writing and signed by a director of Exceed.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.