Introduction

The Big Hoot Auction is managed by Chestnut Tree House registered charity number 256789

The Big Hoot online auction is managed by Chestnut Tree House with online auction partner Bidlogix.

Data Protection

By registering to bid at The Big Hoot Auction you are consenting to allow Wild in Art and Chestnut Tree House, registered charity number 256789, to contact you about The Big Hoot auction and acknowledge that Wild in Art and Chestnut Tree House will process your personal data in accordance with their Privacy Notices for the purposes of administering The Big Hoot auction.

If you indicate that you may want to make a Telephone Bid or an Absentee Bid, you are also consenting that this information will be provided to Bidlogix Auctioneers for the purposes of administering The Big Hoot Auction.

If you register for the online auction, you are also consenting that this information will be provided to Bidlogix for the purposes of administering The Big Hoot Auction.

Your data will be stored and shared in accordance the UK General Data Protection Regulation and any other data protection legislation which may amend or supersede the GDPR.

As part of our commitment to privacy and transparency, you can review more information about how we collect and use personal information via our Privacy Notice.

Buyer’s Guide

Introduction

This Buyer’s Guide contains a brief overview of The Big Hoot Auction process and the terms under which Lots are made available for sale at Auction. Please read the Buyer’s Guide and the Terms and Conditions of Sale carefully. By registering to bid and participate in the Auction, you will be deemed to have agreed to be bound by them.

Definitions

2.1. When the following words are used in this Buyer’s Guide, they mean:

Auction – A live sale by online auction managed by Bidlogix, Chestnut Tree House and Wild in Art.

Bidder – Any person, properly registered and approved by Chestnut Tree House and/or Wild in Art (WIA) to participate in the Auction who makes or considers making a bid to buy a Lot at Auction

Buyer – The person or organisation making the highest bid or offer for a Lot accepted by the auctioneer, including a principal bidding as agent.

Guarantee of Authenticity – Chestnut Tree House and WIA guarantee that the items sold at the auction are The Big Hoot sculptures created by artists, displayed at The Big Hoot event and sold to raise money for Chestnut Tree House.

Hammer Price – The highest bid for a Lot accepted on the online Auction or, in the case of a post-auction sale price.

Lot – Individual item listed in the Auction Catalogue and Online Auction.

Purchase Price – The Hammer Price

Before the Auction

3.1. Bidder Registration

3.1.1. Those who wish to bid in the Auction online must create a Bidlogix Account and register for The Big Hoot auction at thebighoot.co.uk/auction. The Online Auction Registration Form must be completed in full and the bidder may be asked to provide credit card information to comply with our due diligence checks.

3.2. Pre-Auction Viewing

3.2.1. All the Lots can be previewed at the Farewell Weekend from at Arundel Cathedral Centre, from the 13-15th September.

3.3. Delivery or Collection of Artworks

3.3.1. Without any liability, Bottrills Transport Ltd can provide shipping estimates before the Auction; a Bidder requiring this information should email auction@chestnut.org.uk including the Lot number and shipping address at least 3 working days before the end of the Auction.

3.3.2. If delivery is requested, invoices for the delivery of sculptures by Bottrills Transport Ltd will be raised by Chestnut Tree House and emailed to the successful buyer following the Auction. Invoices for delivery must be paid before delivery takes place.

3.3.3 If the Bidder is based outside the United Kingdom, it is the responsibility of the Bidder to ensure in advance of the Auction that the Lot can be exported from the UK and imported into the country of destination. No sale will be cancelled because the Lot may not be imported into the country of destination. The buyer takes full responsibility of arranging the delivery, which must be shipped by the 30th September 2024.

The Auction

4.1.1. All bids are by individual Lot.

4.1.2. Online bids shall be made in accordance with and subject to the terms of the online auction platform.

5. After the Auction

5.1. Successful bids

5.1.1. Chestnut Tree House will raise invoices for each successful Bid and these will be sent to the successful Bidders by email. The invoice will show the Hammer Price to be to be paid, and identify the Lot purchased.

5.2. Payment

5.2.1. Payment is due when the Lot when you place a winning bid.

5.2.2. Unless agreed in writing with you by Chestnut Tree House, you must pay all the sums in Pounds Sterling either on the evening upon winning the Lot or within 5 days of the invoice being issued and you must ensure that the funds are cleared by the 5th working day from when the invoice was issued. Payment must be in Pounds Sterling and may be made by electronic transfer, debit card, credit card (up to a maximum of £25,000), bankers draft or cash (up to a maximum of £5,000).

5.2.3. Credit card payments are only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable and no charge card credit may be issued in the event of any such return. If payment is made by credit card, the Buyer will not undertake any action or effort to stop payment, seek a refund, or attempt a charge back of such amounts – or any Credit Card Fee assessed thereon – by the issuer of the credit card.

5.3. Shipping and storage

5.3.1. The Buyer is responsible for organising delivery or collection of their purchase and Lots must be collected within 7 days of the funds for the full purchase price clearing unless other agreed in writing with Chestnut Tree House.

5.3.2 The purchaser will be responsible for paying the daily storage cost of £10 per day from the 10th October 2024.

5.3.3 Alternatively Bottrills Transport Ltd can provide a quote for delivery/shipping – please email us at auction@chestnut.org.uk

5.3.4 A Buyer who wishes to collect their sculpture must contact Chestnut Tree House by email at auction@chestnut.org.uk giving details of:

(1) The name of the individual or company collecting the artwork – and agree a form of identification

(2) The proposed date of collection

Chestnut Tree House will then agree a date for the collection and send to the Buyer details of the address and collection time and other pertinent information. All collections are at the new Buyers’ risk.

Terms and Conditions

These Terms and Conditions of Sale (“Conditions”) set out the legal relationship between the Buyer and Chestnut Tree House. By registering to bid and participate in The Big Hoot Auction, you will be deemed to have read and agreed to be bound by these Conditions and the accompanying Buyer’s Guide, as set out on thebighoot.co.uk/auction

Interpretation

In the event of any conflict between these Conditions and the Buyer’s Guide, these Conditions shall take precedence.

Definitions

2.1. The following words in these Terms and Conditions mean:

Auction – A live sale by online auction managed by Bidlogix, Chestnut Tree House and Wild in Art.

Bidder – Any person, properly registered and approved by Chestnut Tree House and/or Wild in Art (WIA) to participate in the Auction who makes or considers making a bid to buy a Lot at Auction

Buyer – The person or organisation making the highest bid or offer for a Lot accepted by the auctioneer, including a principal bidding as agent.

Hammer Price – The highest bid for a Lot accepted on the online Auction or, in the case of a post-auction sale price.

Lot – Individual item listed in the Auction Catalogue and Online Auction.

Purchase Price – The Hammer Price

Catalogue descriptions and condition of Lots

3.1. All Lots are sold subject to their condition at the date of the Auction. By making a bid, the Bidder accepts the actual condition of the Lot and acknowledges that if a bid is successful, the Buyer will buy the Lot ‘as is’.

3.2. Chestnut Tree House cannot guarantee that colours are properly shown in the Auction catalogue. All Lots are sold ‘as is’.

Before the Auction

4.1. Every Bidder must create a Bidlogix Account and register for The Big Hoot auction at thebighoot.co.uk/auction. The Online Auction Registration Form must be completed in full and the Bidder may be asked to provide credit card information to comply with our due diligence checks. Personal information shall be used only in accordance with Condition 7 below.

During the Auction

5.1. Chestnut Tree House reserves the right to refuse participation in the Auction and to reject any bid. Bids may not be accepted from unregistered bidders and all Bidders must be 18 or over and have sufficient funds to cover any bids made.

5.2. All bids must be made in Pounds Sterling.

5.3. Chestnut Tree House have the right to exercise reasonable discretion in refusing any bid, advancing the bidding in such a manner as they may decide, and in the case of error or dispute, and whether during or after the sale, determining the successful Bidder, continuing the bidding, cancelling the sale or re-offering and reselling the Lot in dispute. If any dispute arises after the sale, then, in the absence of any evidence to the contrary the sale record maintained by Chestnut Tree House will be conclusive.

5.3. When making a bid, every Bidder acknowledges that such bid is a binding offer to buy the Lot at that price (plus the Buyer’s Expenses (if applicable), and any and all shipping charges, import duties/taxes, storage and other costs). A successful Bidder will be deemed to be the Buyer unless it has been explicitly agreed in writing with Chestnut Tree House before the start of the Auction and set out in the Bidder Registration Form that the Bidder is acting as agent on behalf of an identified third party acceptable to Chestnut Tree House and only then will Chestnut tree House regard that third party as the Buyer. In such circumstances, the Bidder acting as agent confirms that he is authorized to bind the third party and that the Buyer has been made aware of and accepts these Conditions.

5.5. Online bidding at Bidlogix Auction is made available via Bidlogix (a third party software company) and online bidding is subject to their respective terms of use.

5.6. The online Auction will display, among other things, a photograph of the Lot offered for sale and the then-current bid. Bidders understand and agree that errors may occur in its operation and, except as expressly stated in the Buyer’s Guide or these Conditions, Chestnut Tree House shall have no liability arising out of or related to any errors or omission in respect thereto.

5.7. By registering and participating in the Auction, each person consents to being photographed and agrees and authorises Wild in Art and Chestnut Tree House to use and publish such film and/or photographs, name and likeness for use in (1) providing online access to the Auction, (2) recording the results of the Auction, (3) print, digital, online and all other media for marketing purposes (including without limitation, on Wild in Art and Chestnut Tree House websites, Facebook Live, YouTube and other online platforms) and (4) in any other Wild in Art and publications of whatever nature. The participant releases Wild in Art and Chestnut Tree House and holds them harmless from any reasonable expectation of confidentiality or privacy associated with such images and releases Wild in Art and Chestnut Tree House and any third parties involved in the making, creation or publication of the images or any marketing or other materials from all and any liability for claims made in respect of such publication. Publication of the images in whatever format confers no right of ownership on the individual or right to royalties or payment.

5.9. The highest bid (above reserve) at the close of the auction will be the Buyer and the conclusion of a contract for sale between the Seller and the Buyer. Risk and responsibility for the Lot passes to the Buyer at the point of sale on the date of sale and the Buyer should arrange insurance cover for the Lot if required.

After the Auction

6.1. Chestnut Tree House will raise invoices for each successful Bid and these will be sent to the successful Bidders by email.

6.2. Unless a different arrangement (as set out in condition 5.2.2 of the Buyer’s Guide) has been agreed by Chestnut Tree House, payment is due within 5 working days of the invoice being issued and must be made by the Buyer. Payments from any other source will not be accepted and shall be returned by Chestnut Tree House.

6.3. Title in the Lot will pass to Buyer and the Lot will be made available for collection by the Buyer only when Chestnut Tree House is completely satisfied that all monies owing have been paid in full.

6.4. Payment must be in Pounds Sterling and may be made by electronic transfer, debit card, credit card (up to a maximum of £25,000), bankers draft or cash (up to a maximum of £5,000). Please quote the invoice number when making payment to ensure it can be processed as efficiently as possible.

6.5. Credit card payments are only acceptable on the express understanding that the Lot is not returnable, refundable nor exchangeable and no charge card credit or refund may be issued in the event of any such return. If payment is made by credit card, Buyer will not undertake any action or effort to stop payment, seek a refund, or attempt a charge back of such amounts – or any Credit Card Fee assessed thereon – by the issuer of the credit card.

6.6. The Buyer will not acquire title to the Lot until all amounts due to Chestnut Tree House from the Buyer have been received by Chestnut Tree House in cleared funds even in circumstances where Chestnut Tree House has released the Lot to the Buyer.

6.7. In the event of default by the Buyer, Chestnut Tree House may take one or more of the following actions:

6.7.1. hold the Buyer liable for the total amount due and commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;

6.7.2. cancel the sale;

6.7.3. resell the Lot publicly or privately on such terms as Chestnut Tree House shall think fit;

6.7.4 take such other action as Chestnut Tree House deem necessary or appropriate. If Chestnut Tree House resells the Lot under condition 7.7.3 above, the Buyer shall be liable for payment of any deficiency between the total amount originally due to Chestnut Tree House and the amount received upon resale as well as all reasonable costs, expenses, damages, legal fees and commissions and premiums of whatever kind associated with both sales or otherwise arising from the default.

6.8. Chestnut Tree House shall be entitled to retain Lots sold until all amounts due have been received in full in good cleared funds or until the Buyer has performed any other outstanding obligations as Chestnut Tree House shall reasonably require. Subject to this, the Buyer shall collect, or have shipped or collected for shipment, purchased Lots within 7 calendar days from the date of the sale unless otherwise agreed between Chestnut Tree House and the Buyer. Lots can be collected in person by appointment only (please see the Buyers Guide for further information).

6.9. It is the Buyer’s sole obligation and responsibility to be aware of, to comply with, and to pay for all relevant import duties, taxes, customs and other fees charged in the Buyer’s local jurisdiction. The Buyer understands and agrees that Chestnut Tree House shall have no obligation or responsibility for any import duties, taxes, customs, shipping or other charges for the Lots shipped. Failure by the Buyer to pay all necessary amounts may result in the relevant authorities returning the Lot to Chestnut Tree House and in those circumstances the Buyer will be charged and will pay storage costs and additional reasonable costs and expenses.

6.10. It is the Buyer’s responsibility to ensure that any Lot purchased from Chestnut Tree House enters the shipping location lawfully, that all duties and taxes have been paid and that all required export procedures, regulations, and laws were properly complied with. Buyer understands and agrees that WIA shall have no obligation or responsibility for complying with any export procedures, regulations, or laws applicable to the Lot.

6.11. If the Buyer wishes to apply for an export licence this does not affect or postpone the Buyer’s obligation to make payment in accordance with Chestnut Tree House’s payment terms nor Chestnut Tree House’s right to charge interest or storage charges on late collections.

Use of information

7.1. By registering to bid at The Big Hoot Auction you are consenting to allow Wild in Art and Chestnut Tree House (registered charity number 256789) to contact you about The Big Hoot Auction and to process your personal data for the purposes of administering The Big Hoot Auction. Chestnut Tree House and Wild in Art will not contact you for any other reason unless you opt-in to receive additional communications.

7.2. If you register for the online auction, you are also consenting that this information will be provided to Bidlogix for the purposes of administering The Big Hoot Auction.

You will find further details about Privacy Policies for WIA, Chestnut Tree House and Bidlogix and details about how we process personal data and how to exercise your privacy rights on Page 1 of the Buyers Guide.

Terms of Guarantee of Authenticity

8.1.  Chestnut Tree House guarantee that the sculptures sold at the auction are The Big Hoot Sculptures created by artists for the purposes of raising money for Chestnut Tree House.

8.2. Except as expressly provided in these Conditions, Chestnut Tree House shall have no liability to the Buyer in respect of a Lot and all and any implied warranties and conditions are excluded to the fullest extent permitted by law.

Intellectual property rights

9.1. The copyright in all images, illustrations and written material produced by or for Wild in Art and Chestnut Tree House relating to a Lot (including the contents of the Auction catalogue), is and shall remain at all times the property of Wild in Art and Chestnut Tree House and shall not be used by the Buyer, nor by anyone else, without Wild in Art and Chestnut Tree House’s written consent. Wild in Art and Chestnut Tree House make no representation or warranty that the Buyer of a Lot will acquire any copyright or other reproduction rights in it.

Events outside our control

Chestnut Tree House will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Conditions that is caused by an event outside its control, that being any act or event beyond Chestnut Tree House’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks. Chestnut Tree House’s obligations shall be suspended and time for performance extended until such time as the event outside its control is over, following which a new collection or shipping date can be agreed.

Other important terms

11.1. If any part of these Conditions is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the Conditions shall continue to be valid to the fullest extent permitted by law.

11.2. The contract is between the Buyer and Chestnut Tree House and no other person shall have any rights to enforce any of its terms.

11.3. If Chestnut Tree House fails to insist on performance of any of a Buyer’s obligations under these Conditions, or if it delays in doing so, that will not mean that Chestnut Tree House has waived its rights against the Buyer and does not mean the Buyer no longer has to comply with those obligations.

11.4. The agreement and conditions are governed by and construed in accordance with English law and the Parties agree to the exclusive jurisdiction of courts of England.