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Terms & conditions

To participate in any SANTA AUCTION you must be aged 16 years and over.

General Information / Introduction

The information below is our terms and conditions for participating in SANTA AUCTION/s on this website. These terms and conditions form the basis of the binding legal agreement between FATHER CHRISTMAS LIMITED and you. Please read our terms and conditions carefully. By registering with FATHER CHRISTMAS LIMITED you agree to become a prospective Bidder and accept our terms and conditions (and any amendments that may occur from time to time) as detailed below. FATHER CHRISTMAS LIMITED is at liberty to change these terms and conditions at its discretion. Any new terms and conditions set will apply after the time when they have been published. Bidders will be notified and directed to new terms and conditions before commencing bidding and it is their responsibility to keep themselves updated on any future amendments.

DEFINITIONS

“Bidder
 means a person who has registered and agrees to our terms and submits a bid via SMS, email or our website.
“Bid ”
 means an estimation as to the final Lowest Unique Bid that will be submitted by a Bidder to one of our auctions via a Premium SMS.
“SANTA AUCTION”
 means an auction available in a format described on this website.
“Bid Limit”
 means the maximum number of bids accepted per SANTA AUCTION per person.
“Bid Increment”
 means the step amount separating Bids.
“Item”
 means a single product or service available.
“Required Bids”
 means the minimum amount of bids required for a SANTA AUCTION to be considered successful and closed by the closing date specified.
“Successful Unique Bid”
 means the lowest Bid that is not the same Bid as any other Bid that has been made for an item in a particular auction.
“Successful Bidder”

means a Bidder that has been established to have the right to purchase a particular product or service on a SANTA AUCTION as per this agreement on our website.

“Start Date”
 means the date on which a SANTA AUCTION starts.
“Closing Date”
 means the date on which a SANTA AUCTION ends unless an extended or cancelled date has been set at the discretion of FATHER CHRISTMAS LIMITED.
“Administration Charge”
 means a fee that is charged for each Bid.

The Concept (Auction Start and Auction Close)

FATHER CHRISTMAS LIMITED will offer a product or service for sale via auction. There will be a starting date and a closing date for each particular auction advertised. There will be a fixed processing charge for each bid. This charge will be via Premium SMS text messages. Once a SANTA AUCTION closes a Successful Bidder will be determined based on the clauses under Determination of the Successful Bidder. A SANTA AUCTION is closed once the closing date has been met, be it the original closing date or an extension set by FATHER CHRISTMAS LIMITED. FATHER CHRISTMAS LIMITED reserves the right to change the closing date if the required amount of bids stated has not been met. Any auction closing date(s) may be extended by 21 day periods.

Making a Bid (Bids and Acceptance)

    1. The success of lowest unique bid auctions relies on Bidders acting fairly and not entering into any foul play such as disclosing the details of their bid to others or arranging to conspire with others.
    2. A Bidder must be aged 16 years or over in order to make a Bid.
    3. A Bid is only accepted once payment of the Administration Charge has been received by FATHER CHRISTMAS LIMITED.
    4. FATHER CHRISTMAS LIMITED will require the Successful Bidder to provide the 4 digit unique code delivered to the Successful Bidders mobile handset as proof of Bid.
    5. FATHER CHRISTMAS LIMITED reserves the right to cancel any Bid and offer a refund of the Administration Charge in relation to the following circumstances:
      • A Bid is placed and received after the Closing Date with Credits for payment of the Administration charge.
      • If the required number of Bids as stated by FATHER CHRISTMAS LIMITED for each individual item/auction has not been met, regardless of the Closing Date

       

    6. FATHER CHRISTMAS LIMITED reserves the right to offer a different item to the one advertised, equal to the value of bids received for a particular auction in the following circumstance:

      The minimum number of required Bids has not been met before the closing date of an auction
    7. FATHER CHRISTMAS LIMITED shall not be liable for any bids being prevented from receipt for any reason, including failure of mobile telephone network (for SMS auctions), failure of hardware or software preventing access to the Internet or any other technical problems.

Determination of the Successful Bidder

    1. The Bidder that has placed the Lowest Unique Bid when the auction has closed is verified as the Successful Bidder for that particular SANTA AUCTION item, therefore having the right to purchase the item for the amount of the lowest unique bid.
    2. Should the Successful Bidder fail to make payment for the Auction Item within 30 days of the closing date, then the right to purchase the item at the Successful Unique Bid will be relinquished.
    3. The auction results may be announced up to 72 working hours after the closing date, to allow for reconciliation and auditing purposes.

Delivery of Products or Services

    1. Delivery of the item, product or service will be subject to payment in full of the Successful Unique Bid by the Successful Bidder.
    2. In addition to the successful Bid there may be transfer and/or delivery costs which will be displayed clearly on the relevant auction. These must be paid by the Successful Bidder.
    3. FATHER CHRISTMAS LIMITED is not responsible for the quality of any items or services provided by third party suppliers except to the extent that is required by law.
    4. Delivery of the item, product or service will be within 14 days from the Closing Date.  

Data Protection & Privacy

    1. Under the Data Protection Act 1988, FATHER CHRISTMAS LIMITED acknowledges its duties as a data controller and will not forward or sell on any personal information provided by the Bidder, other than for the function of this agreement, or without the express consent of the Bidder.
    2. FATHER CHRISTMAS LIMITED may under certain circumstances disclose personal information if required to do so by law, without the consent of the Bidder.
    3. On occasion, FATHER CHRISTMAS LIMITED may offer, in conjunction with suppliers, alternative offers or information relating to products or services in connection with SANTA AUCTIONs. In these circumstances, Bidders may select to receive these offers via the website or SMS.

Publicity

    1. FATHER CHRISTMAS LIMITED reserves the right to publicise any information relating to a SANTA AUCTION during the course of an auction or at any time after the closing date.
    2. Upon placing a bid on any auction a Bidder acknowledges that if he/she becomes a Successful Bidder, FATHER CHRISTMAS LIMITED will be permitted to publicise personal details such as name, surname and location and the related product or service of the SANTA AUCTION.
    3. FATHER CHRISTMAS LIMITED may publicly make available, at its discretion, any information relating to a SANTA AUCTION bid.

Liability

    1. FATHER CHRISTMAS LIMITED shall not be liable for any failure to perform its duty under this agreement caused by matters beyond reasonable control.
    2. FATHER CHRISTMAS LIMITED shall not be liable to any Bidder or Successful Bidder for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, however caused.

Governing Law  

    1. The Laws of England and Wales govern these Terms and Conditions and each FATHER CHRISTMAS LIMITED SANTA AUCTION.
    2. FATHER CHRISTMAS LIMITED and each Bidder submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of or in connection with these Terms and Conditions or any FATHER CHRISTMAS LIMITED SANTA AUCTION.

 

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