Esteemed auctioneer Edward Rising will host our Live Auction to include some truly amazing auction lots.

In anticipation that you may wish to participate and make bids in our Live Auction and in order to enable you to do so on the 10th November 2022 we require you to read and accept the following Live Auction T&Cs in order to proceed to book your event tickets. Agreeing to these T&Cs at this time DOES NOT oblige you to take part in the Live Auction in any way – it simply means that should you choose to do so you are free to enter bids on the night. If you have any questions in relation to this please do not hesitate to contact us on janne@rafiki-foundation.org.uk or by phone 07967 717306.

"disclaimer": If you pledge or are a winning bidder, please note you are entering into a contract and you accept any lot 'as is'.

These Terms and Conditions are applicable to any Guest of Rafiki Thabo’s Gala Dinner wishing to place bids in our Live Auction on the 10th November 2022. Entering a bid at the Live Auction constitutes acceptance of these Terms & Conditions.

1. Auction
   1. The Live Auction is for the benefit of Rafiki Thabo Foundation for whom the Auction is being run.
   2. A number of Items offered for sale in the Live Auction are subject to a reserve. All monies paid by a winning bidder and above the reserve price will be donated to Rafiki Thabo.
   3. Bidders may bid for more than one Item in the Auction.
   4. 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 as closed by the Auctioneer and is in excess of any reserve.
2. Eligible Bidders
   1. All bidders must be capable of forming legally binding relations under applicable law. Bidding may not be entered by individuals under the age of 18 years old and by any other persons who are legally prohibited from, or otherwise incapable of, entering into binding contracts.
   2. Any guest entering a bid is warranting by so doing that they are legally entitled to do so.
   3. As bidder you agree that we can process your personal data for the purpose and specifically for this Auction.
   4. We do not and will not store your credit or debit card details beyond taking payment during this Auction.
3. Bidding
   1. Bidders wishing to bid on an Item may make a bid for an Item during the Live 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.
   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 and that bid represents the winning bid for that Item and the winning bid is above or equal to the reserve, the bidder's bid is deemed accepted.
   5. The 'winning bidder' is the person certified by Rafiki Thabo 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.
4. Item Descriptions
   1. Items for sale in the Auction are listed by the Auctioneer with a description and a minimum bid.
   2. Rafiki Thabo will, wherever possible, provide a representative 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 Rafiki Thabo 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 Rafiki Thabo (including its employees, trustees, 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, the Auction or their purchase of an Item.
5. Bidding Deadlines
   1. Deadlines for receipt of bids made for an Item offered in the Auction are at the sole discretion of Rafiki Thabo and will not be extended under any circumstances. No bids will be accepted on an Item after the Live Auction.
   2. Live Auction winning bids are announced by the Auctioneer as each item is closed.
6. Gift Aid
   1. By agreeing to Gift Aid, the bidder is confirming that they are a UK taxpayer and understand that if they pay less Income Tax and/or Capital Gains Tax in the current tax year than the amount of Gift Aid claimed on all their donations it is their responsibility to pay any difference. The bidder understands that other taxes such as VAT and Council Tax do not qualify. The bidder understands that Gift Aid is reclaimed by Rafiki Thabo from the tax they pay for the current tax year.
   2. For the purposes of Rafiki Thabo being able to claim Gift Aid on the funds raised through our live and silent auctions, we would like to inform you that any balance between the retail price and winning bids per item, will be considered a voluntary donation and it is on this balance only that Rafiki Thabo will be able to claim Gift Aid. Should any bidders wish to have clarity on retail price for any items prior to placing bids, then please make contact with janne@rafiki-foundation.org.uk who will facilitate.
   3. Gift Aid on lot items is only applicable in a limited number of situations; Rafiki Thabo will claim wherever possible; for more info see http://www.hmrc.gov.uk/charities/gift_aid/rules/auctions.htm
7. Applicable Law
   1. This Agreement between you the bidder and Rafiki Thabo shall be interpreted and construed in all respects in accordance with English law and any dispute arising in relation to any aspect of the use of the Auction, bids made by a bidder in the course of an Auction, any Item, payment delivery or any other matter relating to the Auction shall be subject to the exclusive jurisdiction of the English courts to which the parties hereby irrevocably submit.
8. Variation of Terms
   1. These Terms and Conditions may be revised and updated by Rafiki Thabo from time to time without notice. Bidders who have previously bid in the Charity Auction are accordingly advised to familiarise themselves with the prevailing edition of these Terms and Conditions when deciding to participate in an Auction. Notwithstanding the foregoing the edition of the Terms and Conditions that was current at the time an Auction commenced will continue to apply throughout that Auction and to all Items sold pursuant to it even if later edition of the Terms and Conditions is implemented before the Auction is completed.
9. Third Party Rights
   1. 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) Act 1999 to enforce any term of such Agreement.