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Christmas auction terms and conditions

Saturday 13 December 2008 01:00 GMT
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How to enter

Follow one of the links on the auction page (www.independent.co.uk/auction) to www.ebay.co.uk where you can bid on a lot. You need to register as an ebay user in order to bid in the auction.

The auction closes at 11am on 23 December. Each lot carries a minimum reserve price of £50. All bids are binding. The Editor's decision is final.

Please note you submit your bid on the condition that you have read, understood and accepted all the terms and conditions below, including Term and Condition 10 below that no lot may be transferred by the winner to any other person as a gift or otherwise, unless specifically agreed by the Editor, and the specific conditions applying to each lot.

General Terms and conditions

1. By bidding for any lot you agree to be bound by these terms and conditions.

2. The auction is open to UK residents aged 18 or over.

3. When you place a bid you thereby enter a contractually binding and irrevocable obligation to complete the transaction if you are the winning bidder of that lot. The 'winning bidder' is the person certified to be the highest bidder by the Editor at the end of the auction, provided that their bid meets the reserve, and it includes any under-bidder who is awarded the lot following the failure for any reason of a higher bid as certified by the Editor. If there are two or more bidders with equal claims to be the winning bidder, the Editor shall select one by drawing names out of a hat.

4. Payments should be made by cheque payable to "Independent Christmas Appeal", which must clear by 31 January 2009, or by other method provided for by ebay.

5.The Editor's decision, as to the winning bid or otherwise, together with any exercise of his discretion hereunder, is final and cannot be challenged, nor will any explanation or reason be given.

6.You are not able to retract any bid under any circumstances after it has been submitted to us.

7.Before you place any bid you must ensure that you are able to bid for and to buy that particular lot in compliance with the law and in accordance with the applicable terms and conditions. It is the responsibility of all bidders to ensure that, should they be the winning bidder, they have the necessary permissions or authorisations to carry out the activity specified in the bid, including (by way of example, not limitation) appropriate indentification, clean driving licence and minimum age qualification, security clearance, and so on.

8. If you want to know what qualification is required for the winner of any lot you should email l.harris@independent.co.uk. If you are the highest bidder, but in the sole and unfettered judgment of the Editor you do not meet any such qualification, then the Editor shall be entitled without challenge or complaint to award the lot to the next highest bidder who does meet the qualification. Except insofar as any expense or cost is specifically included in the description of the lot. the winner is responsible for all arrangements and costs required to take up the fulfilment of their lot including, but not limited to, travel and accommodation costs, travel insurance and obtaining any other necessary documentation, including passports and visas.

9. Lots will lapse, and not be claimable, unless they have been fully taken by the end of 31 December 2009. No cash alternative will be offered and INM accepts no liability for any failure however caused to take the lot within this time period.

10. If you wish to give a lot as a gift, specific approval must be obtained from the Editor, via l.harris@independent.co.uk, in advance of bidding. Unless otherwise specifically agreed by the Editor, a lot cannot be transferred as a gift and can only be enjoyed by the winning bidder, within the UK or as otherwise specified.

11. Names of winning bidders will be published in The Independent and on the website on Wednesday, 24 December, 2008. By bidding for any lot, you agree that should you be a winning bidder your name can be used for publicity purposes associated with the auction, unless any request for anonymity has been specifically agreed by the Editor at his discretion .

12. Winning bidders will be sent a letter setting out the details for claiming their lot which will include requirements relating to the due payment of the bid fee and other matters. Failure to comply with all such requirements shall render a bid void, and the lot so affected will be awarded to the appropriate under-bidder at the Editor's discretion.

13. It shall be the responsibility of the winning bidder to come to agreement with the appropriate member of The Independent's staff or columnist, over arrangements for the fulfilment of their lot. All the aspects of the fulfillment of the bids are subject to such agreement being reached and to availability and subject to all specific conditions which apply to the lots.

14. Employees or regular contributors of INM, and members of their immediate family / households, are not eligible to bid or to take the benefit of a bid.

15. To the extent permitted by law, INM does not accept any liability for any loss, damage, claim or costs howsoever arising from or incurred wholly or partly by participation in the auction.

16. No correspondence will be entered into. The decision of the Editor shall be final and unchallengable and in his absolute discretion he may declare any entry void. Any exercise of discretion, or agreement, by the Editor specified in these Terms and Conditions shall be in his sole and unfettered discretion, and no reasons can be requested or will be supplied.

17. Unless the entrant specifically requests the contrary by e-mailing l.harris@independent.co.uk, INM will hold their personal details on its own or a duly authorised agent's registered database for the purposes of contacting you by e-mail, SMS, telephone or other means to offer you commercial opportunities that may be of interest to you. From time to time other carefully selected organisations may be licensed by us to use that data to similar purposes.

18. All individual data will be treated in accordance with our Privacy Policy (see www.independent.co.uk/legal)

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