London’s Air Ambulance Charity Gala - 7th February 2024 Conditions of Sale

1. These conditions of sale (the “Conditions”) set out the terms on which the London’s Air Ambulance Limited, a registered charity with registered address at 5th Floor, 77 Mansell Street, London, E1 8AN and registered charity number 801013 (“we” or “us”) agrees to offer and sell the lots listed for sale (the “Lots” and each a “Lot”) at the London’s Air Ambulance charity gala auction on 7 February 2024 at Raffles London at The OWO (the “Auction”). By bidding at the Auction, you agree to these Conditions, so you should read them carefully before doing so. The Auction shall be conducted by the individual auctioneer(s) designated by us from time to time (the “Auctioneer”).  

2. Only UK residents aged 18 and over may participate in the Auction. 

3. Our description of any Lot (whether in the Auction brochure, on any screens displayed at the Auction, on any online bidding platform used in connection with the Auction, or otherwise) and any other statement made by us (whether orally or in writing) about any Lot, including its nature, condition, characteristics, provenance, value, authenticity, features or otherwise, are merely our opinion and is not to be relied upon as a statement of fact. We do not accept any liability for the accuracy of any such statements or for any other errors of description or for any faults or defects in any Lots. Illustrations are for guidance only. 

4. Lots are sold ‘as is’, in the condition they are in at the time of the sale, without any representation, warranty, guarantee or assumption or acceptance of liability of any kind (whether express or implied) as to nature, condition, characteristics, provenance, value, authenticity, features or otherwise by us or any of our officers, patrons, trustees, employees, volunteers, consultants, advisers or agents and/or any other persons engaged in activities related to our charitable activities (together our “Representatives”), and all other obligations upon us and/or our Representatives are excluded. To the extent permitted by law, we and our Representatives do not accept any liability of any kind for any loss, damage, claim or costs howsoever arising from or incurred wholly or partly by participation in the Auction or fulfilment of any Lot. 

5. The Auctioneer can, at their option and sole discretion: (i) refuse any bid; (ii) move the bidding backwards or forwards in any way they may decide, or change the order of the Lots; (iii) withdraw any Lot; (iv) divide or combine any Lot and/or Lots; (v) reopen or continue the bidding even after the hammer has fallen; and (vi) in the case of error or dispute related to the bidding, whether during or after the Auction, to continue the bidding, determine the successful bidder, cancel the sale of the Lot, or reoffer and resell any Lot. If you believe that the Auctioneer has accepted the successful bid in error, you must provide a written notice detailing your claim within 3 business days of the date of the Auction. The Auctioneer will consider such claim in good faith. The Auctioneer’s decision in exercise of this discretion is final. Neither we nor any of our Representatives owe any liability to you or anyone else (including, without limitation, the Purchaser (as defined below), any other unsuccessful purchaser, or otherwise) for any decision by the Auctioneer to undertake any of the foregoing as described in this paragraph 5. 

6. Unless otherwise indicated, all Lots are subject to a reserve (being, for the avoidance of doubt, the minimum amount that we will accept as a winning bid to conclude a sale in respect of such Lot pursuant to the Auction).  

7. Unless the Auctioneer decides to use their discretion as set out above, when the Auctioneer’s hammer strikes, we have accepted the last bid (the “Hammer Price”). This means a contract for sale has been formed between us and the successful bidder (the “Purchaser”) for the sale and purchase of the Lot at the Hammer Price. We will issue an invoice only to the Purchaser.  

8. On purchasing any Lot, the Purchaser must prompt provide us with their name and such reasonable contact details as we may request (including, without limitation, their telephone number, address and email address). You may only be permitted to bid in your own name; if you are acting as agent for someone else (the “Ultimate Buyer”) who will put you in funds before you pay us, and you are the successful bidder, you accept personal liability to pay the Hammer Price and all other sums that may be due in accordance with these Conditions. If you are not the Ultimate Buyer, to the extent you are the successful bidder, you must promptly disclose the identity of the Ultimate Buyer and provide any such other documents as we may reasonably request to verify their identity.  

9. The Purchaser warrants that the funds used for settlement of any Hammer Price for a Lot (and all other sums that may be due in accordance with these Conditions) are not connected with any criminal activity, including tax evasion, and the Purchaser (nor to the extent applicable, the Ultimate Buyer) is neither under investigation, nor has been charged with or convicted of money laundering, terrorist activities or other crimes. The Purchaser further warrants that any payment of funds used for the settlement of any Hammer Price for a Lot (and all sums that may be due in accordance with these Conditions) will be compliant with the terms of our Acceptance and Refusal of Donations Policy (found here: https://www.londonsairambulance.org.uk/acceptance-and-refusal-donations-policy) (the ”Donations Policy”). 

10. The Purchaser will not own the Lot and ownership of the Lot will not pass to the Purchaser until we have received full and clear payment of the Hammer Price (together with all other sums that may be due in accordance with these Conditions), even in circumstances where we have released the Lot to the Purchaser. Physical Lots will not, save with our express consent (which shall be in our sole discretion and without prejudice to paragraph 11 below), be permitted to be removed until the Hammer Price (together with all other sums that may be due in accordance with these Conditions) in respect of such Lot are paid in full. If we identify that the payment of any funds by or on behalf of the Purchaser for monies payable in accordance with these Conditions was not, or will not be, in compliance with the Donations Policy, without prejudice to any other rights under these Conditions or otherwise, we shall have the right: (i) if such Lot was delivered to the Purchaser, to require its immediate return to us; and/or (ii) terminate the sale and purchase of any such Lot, in either case, following which any return of funds to the Purchaser will be subject to the Donations Policy and any set off for our losses, damages, or expenses arising in connection therewith.  

11. If the Lot is not removed from the Auction venue, it may be sent by us at our sole discretion for storage at the risk and expense of the Purchaser, and any associated charges shall be for the cost and account of the Purchaser, and shall be paid by the Purchaser to us together with the Hammer Price. 

12. The risk in, and responsibility for, the Lot will transfer to the Purchaser from the fall of the hammer in respect of the Lot.  

13. We will endeavour to take payment of the Hammer Price (together with all other sums that may be due in accordance with these Conditions) from the Purchaser at the Auction. Should this not be possible we will attempt to contact the Purchaser using the contact details provided.  

14. Notwithstanding paragraph 13 above, the Purchaser must pay the Hammer Price (and all other sums that may be due in accordance with these Conditions) by no later than the earlier of: (i) the end of the seventh calendar day following the date of the Auction; (ii) 24 hours after we issue the Purchaser with an invoice; and (iii) in the case of Lot comprising an event with a fixed date, the date when the event will take place (such date, as applicable, the “Due Date”). Save to the extent payment of the Hammer Price (and all other sums that may be due in accordance with these Conditions) in respect of the relevant Lot is made in full at the Auction, the Purchaser must pay the applicable Hammer Price (and all other sums that may be due in accordance with these Conditions) in one of the following ways:  
    • Wire transfer: [LAA will send the necessary details] 
    • Credit card: [LAA will send the necessary details] 

The Purchaser must quote the Lot number (and any applicable invoice number) when making a payment.  

 

15. If the Purchaser fails to pay us the Hammer Price (and all other sums that may be due) in accordance with these Conditions in full by the Due Date, we will be entitled to do one or more of the following (in addition to enforcing our rights under these Conditions and/or any other rights or remedies we have by law):   
    • to charge interest from the Due Date at a rate of 5% a year above the Bank of England base rate from time to time on the unpaid amount due;  
    • cancel the sale of the Lot. If we do this, we may sell the Lot again on such terms we shall think necessary or appropriate, in which case the Purchaser must pay us any shortfall between the Hammer Price and the proceeds from the resale, together with all costs, expenses, losses, damages and legal fees we have to pay or may suffer; and  
    • hold you legally responsible for the Hammer Price (and all other sums that may be due in accordance with these Conditions) and may begin legal proceedings to recover such monies together with other losses, interest, legal fees and costs as far as we are allowed by law. 

16. The Hammer Price will not include any shipping or delivery costs for any Lot, which shall be for the cost and account of the Purchaser, and to the extent such costs are incurred by us, shall be paid by the Purchaser to us together with the Hammer Price promptly on our request and in any case no later than the Due Date.  

17. Under no circumstances shall we be liable for any refund to you for any amounts paid in respect of any Lot, including, without limitation, in respect of any event or experience Lots, any cancellations thereof outside our reasonable control (including, without limitation, natural disaster, death, illness or incapacity, and/or any other reason given by the experience provider). 

18. If a court finds that any part of these Conditions is not valid or is illegal or impossible to enforce, that part of the agreement will be treated as being deleted and the rest of these Conditions will not be affected.  

19. No failure or delay to exercise any right or remedy provided under these Conditions shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 

20. These Conditions and any contract for sale in respect of a Lot, and any contractual or non-contractual dispute arising out of or in connection therewith, will be governed by and construed in accordance with English law. Any legal suit, action, or proceeding on or arising under or in connection with these Conditions and any contract for sale in respect of a Lot (whether contractual or non-contractual) shall be subject to the exclusive jurisdiction of the English courts. 

21. If you have any questions relating to the Auction, please contact us via email to Sarah Vinall at [email protected].