1. Bidding and buying:

a) Each potential bidder wishing to bid in an Auction is politely asked to register prior to bidding, by providing the relevant information as requested by The Anderson Foundation. This is to ensure the relevant due diligence checks can been carried out as a registered charity, and to ensure validity of bids (i.e a real person/account). The Anderson Foundation retains the right to refuse participation in any auctions at our own discretion. 

b) By participating in the Auction each bidder confirms that any bids placed by you, the bidder, or on someone else’s behalf as a proxy bidder, are not the product of any collusive or other anti-competitive agreement or and are otherwise compliant within the laws of England and Wales.

c) Proxy bidders/bidding may be accepted via the discretion of The Anderson Foundation and only after agreement in writing by the Charity, and with the consent of the proxy bidder, whom must also provide their details to the charity as outlined in clause 1a. 

d) It is the responsibility of the prospective bidder to ensure the correct details are provided within the auction platform, particularly contact details to ensure swift resolutions where required.

e) The successful bid for any individual Lot that is being bid for will be the highest bid received by the scheduled end of the Auction by verified and accepted bidders.  
 

2. The Auction

a) Works are offered subject to a reserve price.

b) The sale will be conducted in GBP and any international bidder will be responsible for all exchange rate differences that may occur at any time.

c) The Anderson Foundation reserves the right to use discretion at any time to refuse any bid, withdraw any lot or re-offer a Work for sale (including after being listed as ‘sold’ or ‘post-hammer’) if the auctioneer has reasonable belief that there has been an error or dispute during the sale of the lot. The auctioneer can then take any reasonable action to resolve the issue (i.e. reoffer the Lot for sale).

d) The highest bidder at the close of auction will be the successful purchaser of the Lot. The immediate end of the auction of the specific Lot will mark the contract of sale between the buyer and The Anderson Foundation.

e) Refunds will only be permitted in the event that a Lot was misdescribed/misrepresented during the auction. It is the bidder’s responsibility to read all information given in the listing before placing a bid, and any questions should be directed to The Anderson Foundation pre-bid either in person or online for any potential bidders that do not have full clarity on the Lot they are bidding on.

f) If for any reason, The Anderson Foundation is unable to transfer a lot (for example due to but not limited to loss in transit), we reserve the right to withdraw the lot from the auction without notice. 

3. Payment

a) What is bid and accepted as the winning/highest bid in the auction is the final price paid by bidders, and the total sum that is due to be paid immediately on receipt of an invoice by the The Anderson Foundation. There is no buyer’s commission as found in other auction houses/websites, with the bid price being the full amount paid, minus shipping. (Please see ‘Shipping’ for more)

b) Ownership of the work/experiences/items within the Lot will not pass to the winning bidder until The Anderson Foundation has received the full payment of the bid price plus shipping in cleared funds and in full. Until that time everything within the Lot remains either property of The Anderson Foundation or of the donating parties solely, and thus cannot be transferred until payment is made. 

c) Only the named account holder of the winning bid paddle of the successful bidder can make the payment to acquire ownership of their winning Lot/s. In the instance the winning bid is being paid for by a company, or on behalf of a company, the paying party must provide evidence they are a significant person within that business or have the appropriate permissions to do so.

d) Any fees incurred during the shipping process must be paid for by the buyer. This is the only additional fee to the bid price. 

4. Shipping

a) Works will be shipping from a number of locations, including but not limited to: from The Anderson Foundation HQ in Springfield Lodge, Colchester Road Chelmsford, Essex, CM2 5PW and via couriers, partners, donators and others. The majority of the time shipping will take place from the U.K., however please contact us regarding Lots you are specifically interested in for their exact shipping location. 

b) All physical lots that will require shipping will be sent via insured courier up to a suitable amount.

c) Any fees, including international customs charges, incurred during the shipping process must be paid for by the buyer. Lots will be listed as the actual value and/or bid price, and we are strictly unable to mark as anything other than sale to avoid shipping taxes.

d) For international buyers looking to bid on a Lot and unsure on the shipping fees, please contact The Anderson Foundation via email in the first instance (info@andersonfoundation.co.uk) to be provided with a quote. Failure to do so for winning bidders will still mean their bid, sale and responsibility in paying the resulting shipping fees, even if unknown to the bidder, remain the responsibility of the bidder and does not constitute an invalid sale.

5. Failure to pay, collect and cancellation of the sale

a) If the winning bidder, upon completion of payment, fails to to i) provide a shipping address or ii) pay for shipping/insurance within 3 months of the date of the payment, The Anderson Foundation will still consider the sale as valid and standing and the Lot will still be able to be arranged for carriage after this date, however under no circumstances would VAT exemption still apply due to missing the deadline.

b) If the winning bidder pays the winning bid price and fails to pay for appropriate shipping within 6 months of the winning bid, The Anderson Foundation will consider the sale as void - and consider all fees received to date as a donation towards its charitable endeavours. This is due to agreements and terms and conditions with our donating partners. 

c) If the clause in 5b occurs, The Anderson Foundation reserves to right to i) contact the second highest bidder to offer them the opportunity to purchase the Lot, or ii) re-list the Lot for auction in the future, at any time. 

d) Although every effort is made to establish and ensure the ownership of the donating party, if this party is not The Anderson Foundation, should The Anderson Foundation believe that the donating party does not have the rights to donate, or the capacity to fulfil the Lot, we reserve the right to cancel the Lot at any time.

6. Reselling or Reproducing

a) In regards to physical media including but not limited to: artwork (original and limited edition), photography, sculpture, printed or digital media, or any other manner of physical Lot, by partaking in the auction you agree to not reproduce, duplicate, copy, sell, resell or exploit any works in the U.K or internationally. 

b) Experience Lots, including but not limited to; hotel stays, golf days, excursions, trips, sporting or cultural events, exclusive or inclusive in person events and any form of Lot that results in the attendance at any event or venue must not be transferred without the prior written consent of The Anderson Foundation. Participating parties names must be provided to The Anderson Foundation to ensure donating parties including venues are aware of participating persons.

7. Data Use

a) The Anderson Foundation will share personal data provided via our online and offline forms only for the purposes of logistics or fulfilment of winning Lot’s and/or regarding auctions, including with trusted partners (i.e couriers, hotels, restaurants, venues etc) and never for the purposes of marketing. Partners are not given permission to include information within personal information for the purposes of marketing.

You can find out more information on our privacy policy or GDPR policy by clicking on the links here.