Funraising Events Asia Ltd. AUCTION TERMS AND CONDITIONS

 

These Terms and Conditions are applicable to any use by you of the auction (“Auction”) as hosted by us, Funraising Events Asia Ltd (“FR”) as Agent and provided by one of our charity clients (the “Charity”). Use of the Auction constitutes acceptance of these Terms & Conditions. If you do not agree to be bound by these Terms and Conditions, you may not use the Auction.

Auction

1. The online auction is operated for the benefit of the Charity for whom the Auction is being run.
2. Items are provided by the Charity and / or FR.
3. FR provides the technology and system for you to bid on such item.
4. Bidders may bid for more than one item in the Auction.
5. The winning bidder on each Item offered for sale in the course of the Auction will be the person who has submitted the highest bid at the notified deadline and providing it is in excess of any stated reserve.

Eligible Bidders

1. All bidders must be over 18 years old and be capable of entering into binding contracts.
2. You agree that we can process your personal data in accordance with our Privacy Policy specifically for this Auction.
3. Our third-party payment providers Stripe, PayPal and Wirecard securely store your card details and are PCI compliant.

Bidding

1. Bidders wishing to bid on an Item may make a bid for an Item through the Auction.
2. All Items offered in an Auction are listed and offered for sale on an “as is” basis. Bidders are advised to conduct any research or due diligence on an Item prior to making a bid. Any questions or concerns should be sent to info@frevents.com.hk.
3. A bid made by a bidder is an offer to purchase the Item listed at the stated bid price. Any bidder making a bid for an Item acknowledges and agrees that their offer is an irrevocable offer to complete the transaction if they are the winning bidder whereupon the bid will become a contractually binding obligation to purchase the Item at the bid price.
4. If a bidder bids on an Item(s) and that bid represents the winning bid for that Item(s) and the winning bid is above or equal to the reserve, the bidder’s bid(s) is/are deemed accepted.
5. The ‘winning bidder’ is the person at the end of the Auction to be the highest bidder, provided that their bid meets the reserve. The winning bidder may include any under-bidder who is awarded the Item following the failure of a higher bid for any reason.
6. Multiples of item(s) may be available to increase auction proceeds.

Item Descriptions

1. Items for sale in the Auction are listed on the site, brochure and/ or iPad with a description and a minimum bid.
2. FR and the Charity will, wherever possible, provide a representational image of the Item offered for sale in the Auction but shall have no liability if it does not do so.
3. All Images are subject to copyright of the artist.
4. Whilst the Charity strives to ensure that descriptions and photographs are accurate, complete and up-to-date, it does not guarantee that this is the case, and will not be responsible for any damage or loss caused due to a bidder by reason of a description of an Item being inaccurate, incomplete or for the Item being otherwise in any way different to the bidder’s expectation.
5. Descriptions of Items are provided without a warranty of any kind. In no event shall FR and the Charity (including their employees, affiliates and volunteers) be liable for any claim, demand or damages arising out of or in any way connected with the use by the bidder of the site, brochure and/ or iPad, the Auction or their purchase and use of an Item.
6. All personally signed Items supplied by FR come with a certificate of authenticity. FR purchase these items in good faith from reputable sources. Should an FR sourced or provided signed Item be subsequently certified as not authentic by an independent expert witness within 12 months of the Auction date, a refund may be given at FR’s discretion. Such refund is strictly limited to the Item Reserve Value and not the Winning Bid value since the excess will have been paid to the Charity. The Item must be returned undamaged to FR at the Winning Bidder’s expense.
7. FR and the Charity reserve the right in its absolute discretion to amend or change the Item due to circumstances beyond its reasonable control.

Bidding and Payment Deadlines

1. Deadlines for receipt of bids made for an Item offered in the Auction are at the sole discretion of FR and the Charity and will not be extended under any circumstances. No bids will be accepted on an Item after the deadline.
2. After the Auction closes FR / and or the Charity Host will contact the winning bidder, including at the event and or via SMS to inform the bidder that their bid was the highest and that they are, therefore, the winning bidder.
3. The winning bidder ’s must arrange payment via credit card, cash, cheque or bank transfer to the FR Event staff at the event prior to the end of the event. If the payment is unable to be processed, the winning bidder must make an alternative payment for the Item within 5 calendar days or as the Charity in its absolute discretion directs and any failure to make payment within the Charity’s deadline entitles the Charity to award the Item to the next highest bidder and the original winner will have no right to insist on receiving the Item.

Tax

1. FR Events role is as an agent to the charity and is not the principal in the sale and purchase contract. This arrangement is to allow the charity to get maximum benefit from your kind and generous purchase.
2. You can claim a deduction for a donation of money to any charity that is exempted from tax under section 88 of the Inland Revenue Ordinance or to the Government for charitable purposes. You can also claim a deduction for any approved charitable donation made but not claimed by your spouse.

Fees

All monies paid less the reserve and / or the reserve + * (a guaranteed donation to the Charity) will be donated to the Charities.

Applicable Law

This Agreement between you the bidder and the Charity and FR as agent shall be subject to the exclusive jurisdiction of the Basic Law of the Hong Kong Special Administrative Region (HKSAR) to which the parties hereby irrevocably submit.

Shipping Policy

Where delivery of an Item to a bidder is required then FR will use reasonable endeavours to ship the Item to the bidder within 15 working days of the payment date unless otherwise notified in the Item description or shipping terms. Items are shipped by a reputable delivery service. Shipping fees are additionally payable to FR.

Third Party Rights

No person who is not a party to an Agreement shall have any right pursuant to the terms of the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any term of such Agreement.

Variation of Terms

These Terms and Conditions may be revised and updated by FR from time to time without notice.

Funraising Events Asia Limited, May 2019.

Privacy Policy

Purpose of this privacy statement

We care about your personal data and it’s important that you know how we use it and how we keep it safe. This Privacy Notice covers how, when and why we use your information. This Privacy Notice also explains the choices you can make about the way in which we use your information and how you have the right to change your mind at any time. We are always happy to provide any additional information or explanations where needed.
For the purposes of European data protection law, the data controller is “FR Events”.

How do we collect information from you?

We obtain information about you when you interact with us, for example:

– Contacting us about our services
– Participating in “FR Events” auction services and experiences
– When providing us with information via online forms or private bookings
– By signing up to receive email newsletters

What type of information is collected from you?

– Full name
– Address
– Email
– Telephone number
– Credit card details – your card information is stored in compliance with PCI regulations

How is your information used?

We require this information to understand your needs and provide you with a better service, for the following reasons:

– Meet our obligations arising from any of your winning bids in auctions authorised by “FR Events” on behalf of our clients.
– Deal with entries into a fundraising promotion, such as a competition or silent auction; to process a booking you have made.
– Communicate with you via email or telephone providing you with information on the latest “FR Events” items, experiences or special offers we may have or important news.
– Notify you about any changes to our website, including improvements and service changes.

The data collected will only be stored on our offline database and shared within “FR Events” for the purposes set out above.
Where we engage a third party to assist in the tasks set out above, your information will be shared with them on a confidential basis and subject to the standards of data protection set out in European legislation at the relevant time and any other relevant legislation or codes of practice.
Your data will only be used by the third party for the purposes set out above and strictly on “FR Events” behalf.

Financial transactions relating to our services may be handled by our payment services providers, WorldPay, Amex, Stripe and other merchant platforms.
We will share transaction data with our merchant services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
You can find information about the payment services providers’ privacy policies and practices on their websites.

How long do we keep this data for?

We review our retention periods for personal information on a regular basis.
We will hold your personal information on our systems for the minimum period necessary to fulfil bidder requirements, or for the period as required by any relevant legislation.

Your rights in relation to your data

You have certain legal rights, including a right to have your information processed fairly and lawfully and a right to access any identifiable information we hold about you. You have the right to privacy and to expect “FR Events Asia” to keep your information confidential and secure. You also have a right to request that your confidential information is updated, corrected, erased and to prevent direct marketing. If we do hold identifiable information about you and you have any queries about the information we hold, please contact the Data Protection Officer using the details below:

FR Events Asia – Tel: +852 3460 2940 Email: info@frevents.com.hk www.frevents.com.hk

You have the right to refuse/withdraw consent to information sharing at any time by using the contact details above. Alternatively, you can find more information about these rights on the Privacy Commissioner for Personal Data’s website: www.pcpd.org.hk/

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