B2022 Commonwealth Games Rugby Sevens Goal Post Protector

Terms and Conditions of Sale: Graham Budd Birmingham 2022 Commonwealth Games Auction and Buy it Now web site. 

1. TERMS  

These general terms and conditions of sale and use (hereafter "T&C") as well as the relevant "Privacy Policy" and "Cookies Policy" are applicable to the internet site www.memories.birmingham2022.com (hereinafter ‘the site’) that Graham Budd Auctions Ltd makes available to internet users, offering the products and services manufactured and distributed under the trademarks owned and/or licensed to or by Birmingham 2022 Commonwealth Games (hereafter all together the "Product(s)" and/or the "Service(s)"). 

Graham Budd Auctions Ltd offers the Products and Services for sale via the site to users by auction format (hereinafter referred to as “Auction”) and fixed price format (hereinafter referred to as “Buy it Now”). 

Graham Budd Auctions Ltd, of Unit 18, Leyland Trading Estate, Wellingborough, Northamptonshire NN8 1RT is registered in the UK, company number 05036951. 

2. OUR CONTRACT

When you place a bid or an order to purchase a Product from the Site and processor (subject to these T&C), we will send you an email confirming you are the winning bidder or a receipt containing order details. Your winning bid or order represents an offer to us to purchase a Product, which is accepted when we send an email to you confirming you are the winning bidder or that we have accepted the order (the ‘order confirmation email’). Such confirmation or acceptance will be complete when we send the order confirmation email to you. You are seeking to enter into a contract with GRAHAM BUDD AUCTIONS LTD when you place a winning bid or an order. 

This contract is legally binding when you have placed a winning bid or an order, your winning bid or order has been accepted by us and we have sent you the confirmation email. 

The Seller will retain the title in the Products until full payment has been made by you and has been received by GRAHAM BUDD AUCTIONS LTD. GRAHAM BUDD AUCTIONS LTD reserves the right to hold any orders prior to shipping for security review. GRAHAM BUDD AUCTIONS LTD only delivers its Products to the locations listed in these T&C. In the event that an order is placed for a delivery to a location where we do not deliver, the order will be cancelled, and a refund processed. 

3. BUYER’S PREMIUM & VAT

The final selling bid at auction is known as the ‘hammer price'. For bidders who have registered for the sale directly at Graham Budd Auctions (GBA) website, including for Time Internet Bidding, a buyer’s premium of 20% of the hammer price will be charged. (Bidders who registered directly at www.the-saleroom.com will be charged a 4.95% Internet bidders’ surcharge. Both the buyer’s premium and the internet surcharge are subject to VAT at the current rate of 20%)

In completing the bidder registration and providing your credit card details you authorise GBA to charge the credit card given in full payment, including all fees for items if purchased including in the auction via www.the-saleroom.com and confirm that you are authorised to provide these credit card details to GBA through www.the-saleroom.com and agree that GBA are entitled to ship the goods to the card holder name and card holder address provided in fulfilment of the sale.

An example for a lot purchased at £100 hammer for buyers who registered directly at Graham Budd Auctions website, including for Timed internet bidding, would be as follows:

£100 hammer
£20.00 Buyer’s Premium
£4.00 VAT (20% of £20.00)

TOTAL INVOICE: £124.00

An example for a lot purchased at £100 hammer for buyers who registered directly at the-saleroom.com would be as follows:

£100 hammer
£20.00 Buyer’s Premium
£4.95 Internet Surcharge
£4.99 VAT (20% of £24.95)

TOTAL INVOICE: £129.94

4. ESTIMATES

Every lot in the auction has a published low and high estimate. Estimates are published as a guide only. The final hammer price of a lot may be higher of lower than the range of figures given and there are no predetermined starting bids. The published estimates are exclusive of buyer’s premium. Every lot in the auction is subject to a reserve price which is a confidential agreement between the seller and the auctioneer. The reserve price is never set higher than the published low estimate but can be set below it. 

5. DELIVERIES

Before placing a bid in the Auction or purchasing a fixed price item at the Site, please refer to our shipping and returns policies below for important details related to delivery and fulfillment of all purchases and orders. 

We will endeavour to deliver all Products ordered within the time period specified on the Site. It may take up to 6 weeks to deliver your purchase, we will always endeavour to delivery as quickly as possible. 

If you have received your order confirmation email but your Products have not arrived within the time specified, please contact us using the email hello@grahambuddauctions.co.uk and we will do our best to assist. Please allow an additional day before raising a query during exceptionally busy periods (e.g. Christmas and other holidays etc.) or when the weather is particularly inclement. 

If your order has not been received within the specified timescales set out below, in the first instance please check whether your local mail delivery office or shipper is holding your parcel. If they do not have your Products, please contact us using the email hello@grahambuddauctions.co.uk and we will do our best to assist. 

Please see sections 6, 7, 8, 9, 10 and 11 to view our “Shipping and Returns” policies and charges (if applicable). If you are ordering from outside the UK, please also read section 14. 

6. COLLECTIONS AND SHIPPING LOGISTICS

On receipt of cleared funds, some lots may be collected from our storage facility in Wellingborough. Please contact the auctioneer for the full details and to make a timed appointment. Alternatively, we can organise packing for postage and shipment on a worldwide basis. Please contact us for a quote. On occasions due to high value, complicated customs arrangements or for the need of highly specialised packing, we will recommend a third-party professional packer and shipper. 

7. RETURNS

All Products at the Site are offered as made-to-order/customisable items via an open auction or fixed priced format. As such, all sales are deemed to be final and refunds will not be issued with the exception of those instances indicated below. 

We will pay the return costs and subsequent re-delivery costs (if applicable) if an approved return is a result of our error, or the goods are faulty. 

This returns procedure does not affect your statutory right to cancel or any of your other statutory rights. 

8. CONDITIONS FOR ALL RETURNS

We request that you take reasonable care of the goods when opening our packages. All goods approved for return, as indicated within our Return Policy, must be returned to us unused, in suitable packaging to ensure the goods will not be damaged in transit, together with all original Product packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely. We will arrange for collection and assume freight charges related to all approved returns as per our Exchanges and Return policy. 

9. RETURN ADDRESS

Our address for an approved return is:

Birmingham 2022 Commonwealth Games Memorabilia, Graham Budd Auctions Ltd, of Unit 18, Leyland Trading Estate, Wellingborough, Northamptonshire NN8 1RT. Certain items may be returned to an alternative address and the return address will be confirmed when approval is given. 

10. DISCREPANCIES

If there are any discrepancies with your order, you must notify us as soon as possible. If you have been shipped the incorrect goods, then please accept our apologies. Please contact our customer service team using the email hello@grahambuddauctions.co.uk and we will arrange a collection of these goods. Any replacements will be sent at no extra cost. 

11. REFUNDS

For refunds, please note that the refund will not show in your bank account until at least 3 days after the refund had been made by GRAHAM BUDD AUCTIONS LTD. If it is not there after this time, please check with your bank before contacting us. 

12. FEEDBACK AND COMPLAINTS POLICY

We welcome any comments about our Service, so we can improve it. Our aim is to deal with any problems quickly and fairly. If you wish to complain, please email our customer services team at hello@grahambuddauctions.co.uk stating clearly that you are making a complaint. Our aim is to respond within seven (7) working days, either resolving the complaint, or with a timescale for resolution.

13. PRICING AND AVAILABILITY

All prices are quoted in British Pounds sterling and are valid and effective only for items auctioned/offered and shipped from the United Kingdom. Shipping and VAT will always be applied at checkout unless otherwise indicated. Shipping estimators are available on the Site to assist in understanding anticipated rates to all available locations. 

We list availability information for Products sold on the Site, including on each Product information page. We cannot be more specific about availability than what is stated on the site. Dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any Products are subsequently found to be unavailable. 

14. CUSTOMS

When ordering Products from the Site for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over them and cannot predict what they may be. 

Customs policies vary widely by country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the Site, you are considered the importer of record and must comply with all laws and regulations of the country in which the Products are received. Your privacy is important, and we know you care about how order information is used and shared. International Customers and Customers shipping Products internationally should be aware that cross-border deliveries can be opened and inspected by customs authorities. 

15. STATUTORY WARRANTIES. CONFORMITY AND HIDDEN DEFECTS

GRAHAM BUDD AUCTIONS LTD is bound by the statutory warranties relating to conformity and defects in the Product. GRAHAM BUDD AUCTIONS LTD shall deliver a Product that conforms to the contract (including but not limited to the Product itself, non-conformities resulting from packaging when responsible for it) and will be liable for any non-conformities existing upon delivery. 

GRAHAM BUDD AUCTIONS LTD shall only be liable for the Products, i.e., Products purchased at the online Site. It should be noted that statutory and commercial guarantees do not cover damage or defects resulting from an external cause (accident, knock, etc.) or from the Customer's misuse or use different from the Products' description. 

16. BUY IT NOW

The Buy it Now section of the Site offers items for purchase at fixed prices. Product listings within the Buy it Now catalogue may appear to be similar to those offered in the Auction but will typically contain a differentiating characteristic, such as a unique limited-edition number in the series for a limited edition item. Buy it Now items may be made-to-order and your purchase(s) will be final and non-refundable. All prices in Buy it Now include Taxes but Shipping and Handling are extra where applicable (as confirmed at checkout).

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Terms and Conditions of Use: Graham Budd Birmingham 2022 Commonwealth Games Auction and Buy it Now web site. 

By accessing and using the site, bidding on, ordering or buying Products or Services from the site, you the customer (hereafter "Customer" or "you") declares that you have fully read and understand and fully accepts all the terms and conditions included in these T&C. 

These T&C can be saved and/or printed and are accessible from all the pages of the site.

GRAHAM BUDD AUCTIONS LTD reserves the right to refuse service or access to the Site to anyone for any (or no) reason. Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. 

Impersonation of others, including a GRAHAM BUDD AUCTIONS LTD or other licensed employee, host, or representative, as well as other members or users on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. 

These T&C may be amended from time to time. The T&C applicable are those accepted by the Customer when placing an order, which will be sent to the Customer together with the order confirmation email once and if such order is accepted pursuant to this T&C.

1. YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. Please ensure your password is kept confidential and secure and inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. 

Please ensure the details you provide are correct, complete and inform us immediately of any changes to the information provided when you registered.r 

The Site and processor only sell Products to individuals who purchase using a valid credit card and are at least 18 years of age. By proceeding with any transaction, you warrant that you are over 18. 

GRAHAM BUDD AUCTIONS LTD reserves the right to refuse access to the Site, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you. 

2. DISCLAIMER AND LIMITATION OF LIABILITY

FROM INFORMATION

The Customer accepts that GRAHAM BUDD AUCTIONS LTD assumes no responsibility for the delay, deletion, erroneous delivery and/or failure to store Customer communications or personal settings. 

GRAHAM BUDD AUCTIONS LTD also does not assume liability for decisions taken based on the information provided on the Site nor any of the damages to the Customer or third parties arising from actions that are based exclusively on the information obtained from the Site. 

FROM QUALITY OF SERVICE

We reserve the right to refuse to provide the service for anyone for any reason and/or discontinue the service or any part thereof, with or without prior notice. 

Use of this Site is subject to all applicable regulations and the Customer is solely responsible for the method of communications they use to access the Site. Access to the Site does not imply any obligation on the part of GRAHAM BUDD AUCTIONS LTD to control the absence of viruses, worms or any other malicious software. The Customer is responsible in all cases for having adequate tools for detecting and disinfecting malicious software. GRAHAM BUDD AUCTIONS LTD is not liable for any damage to the operating systems, software, hardware or any other equipment of Customers or of third parties leveraged during the accessing of the Site service. 

GRAHAM BUDD AUCTIONS LTD does not give any guarantees and is in no case liable for damages or detriment of any kind arising from access to or the use of the content on the Site. Among others, including and not limited to, GRAHAM BUDD AUCTIONS LTD will not be held responsible for the following circumstances:

• The absence of maintenance and effective operation of the Site and/or of its services or content;
• Lack of usefulness and functionality of the Site;
• The existence of viruses, malicious or harmful programs.
• The receiving, obtaining, storing, spreading or transmitting of contents by Customers.
• The illicit, negligent or fraudulent use, contrary to the General Terms, or to good faith, of the generally accepted uses, or of the public order, of the Site and its contents, by the Customer. 

The content and any other materials in the site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Graham Budd Auctions Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Graham Budd Auctions Ltd does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. 

Graham Budd Auctions Ltd does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. Customers (and not Graham Budd Auctions Ltd) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to any such customers. 

Under no circumstances, including, but not limited to, negligence, shall Graham Budd Auctions Ltd be liable for any special or consequential damages that result from the use of, or the inability to use, the site, even if Graham Budd Auctions Ltd, or one of their authorized representatives have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to any such customer. In no event shall Graham Budd Auctions Ltd total liability to you for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], or otherwise) exceed the amount paid by you, if any, for accessing the site. 

3. FROM THE AVAILABILITY OF THE SERVICE

Access to the Site requires services and supplies from third parties, including transmission through telecommunications networks, the reliability, quality, continuity and functionality of which are not the responsibility of GRAHAM BUDD AUCTIONS LTD. Accordingly, services provided through the Site may be suspended, cancelled or blocked, prior or simultaneous to the provision of the Site service. 

GRAHAM BUDD AUCTIONS LTD is not responsible for damages of any kind incurred by the Customer that are caused by failures or disconnections in telecommunications networks, computer failures or other electronic systems that cause the suspension, cancellation or interruption of the Site service during a Customer's session. 

4. LINKED SITES

Under no circumstances must the existence of Linked Sites presuppose the existence of agreements with the owners or persons in charge of those Linked Sites, or any recommendation, promotion or identification of GRAHAM BUDD AUCTIONS LTD with, the representations, content or services provided. The Linked Sites are provided solely for reference purposes as a convenience to Customers. Although GRAHAM BUDD AUCTIONS LTD only provides links to websites that, to the best of its knowledge and belief, comply with applicable law, GRAHAM BUDD AUCTIONS LTD is not aware and does not approve of the content or services of Linked Sites and, therefore, cannot be held liable for any damage caused by the unlawfulness, quality, obsoleteness, unavailability, error or ineffectuality of the content and/or services of Linked Sites, or for any other damage that is not directly attributable to GRAHAM BUDD AUCTIONS LTD. 

GRAHAM BUDD AUCTIONS LTD makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through the Linked Sites. Access and use of the Linked Sites, including information, material, products, and services on linked sites or available through linked sites, is solely at the such Customer's own risk. GRAHAM BUDD AUCTIONS LTD explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site from third parties. 

Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, GRAHAM BUDD AUCTIONS LTD cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites. 

You, the Customer, hereby irrevocably waive any claim against GRAHAM BUDD AUCTIONS LTD with respect to any claim arising out of any Linked Sites. 

5. ELECTRONIC COMMUNICATIONS

When you visit the Site or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 

6. DISPUTES

Any dispute relating to your visit to the Site or to products you purchase through the Site may be submitted to the courts of the United Kingdom, except that, to the extent you have in any manner violated or threatened to violate GRAHAM BUDD AUCTIONS LTD intellectual property rights, GRAHAM BUDD AUCTIONS LTD may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts. 

7. ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS

We reserve the right to make changes to our Site, policies, and T&C at any time. Your use of the Site and your orders will be subject to the policies and terms and conditions of sale in force at the time that you use the Site or that you order Products, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these T&C are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions. 

8. FORCE MAJEURE

GRAHAM BUDD AUCTIONS LTD will not be liable or responsible for the failure or delay to perform any of its obligations caused as the result of an event of force majeure, outside of GRAHAM BUDD AUCTIONS LTD’s control that GRAHAM BUDD AUCTIONS LTD could not reasonably foresee at the time when the contract was entered into with the Customer and which consequences GRAHAM BUDD AUCTIONS LTD cannot reasonably avoid or overcome. 

9. PERSONAL DATA

GRAHAM BUDD AUCTIONS LTD invites the Customer to consult the “Privacy Policy" section by clicking on the following link for more information on how GRAHAM BUDD AUCTIONS LTD process personal data and the Customer's rights in relation thereto: https://www.grahambuddauctions.co.uk/help/privacy-policy 

You can also read the information about the cookies that we use in the Site by accessing the “Cookie Policy” that can be found here: https://www.grahambuddauctions.co.uk/help/cookie-policy 

10. WAIVER

If you breach these T&C and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. 

11. GOVERNING LAW AND JURISDICTION

These T&C are governed in each of its points by United Kingdom law for the resolution of any controversy related to the present T&C, or the Site. By accessing the Site, each User agrees that any action at law or in equity, arising out of or relating to these T&C, shall be filed only in the United Kingdom courts, and each Customer hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. 

If any provision of these T&C shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these T&C and shall not affect the validity and enforceability of any remaining provisions. The failure of GRAHAM BUDD AUCTIONS LTD to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such, or any other, right or provision. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. 

12. INDEMNIFICATION

You hereby agree to indemnify and hold GRAHAM BUDD AUCTIONS LTD, its limited partners, shareholders, directors, officers, employees and agents of the foregoing entities harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (i) your use of the Site, including but not limited to the Products, Auctions, Buy Now and/or Services purchased via the Site; or (ii) any alleged breach of this Agreement by you. 

13. AUCTION RULES

The following is generally the way an Auction at the Site works, although additional information might appear on website screens. We reserve the right to change the Auction rules from time to time, including per Auction listing, at our sole discretion. 

You must be at least 18 years of age and have set up an account with a valid credit card (“User or Bidder”) in order to be eligible to place bids. 

Bidding on an item is an offer to buy the item at the price in the bid, provided the Bidder's offer is the WINNING BID at the close of the Auction. Each item is its own separate Auction. All WINNING BIDS are sales and deemed to be a legally binding contract of sale, compliant with UK Trading Standards. All Auction sales are final and not subject to cancellation or revocation once submitted. 

Auctions may or may not be subject to a “reserve” (a minimum amount that the seller wants to be bid as a condition to being willing to sell the item). However, we reserve the right to establish a reserve amount (and if we do, it will be posted in the item listing). 

If a problem occurs with a WINNING BID in an Auction, we might offer you an opportunity to reinstate your currently unsuccessful bid to a currently winning status at your last bid price (i.e., you might become the WINNING BIDDER even though you thought you lost). We will contact you at our option. At your option, you may decline or accept the opportunity to become the WINNING BIDDER. 

Auction closing times are approximate, and GRAHAM BUDD AUCTIONS LTD reserves the right to close an Auction earlier or later than the scheduled time. Time clocks used by GRAHAM BUDD AUCTIONS LTD or its service providers will control in the event of any conflicts regarding closing or other times. 

The highest amount bid at each Auction's close will be the WINNING BID for that Auction. No bid may be viewed as the WINNING BID until we have confirmed it such as by sending you an email. 

We reserve the right to cancel or remove Auction listings and/or User Accounts at our sole discretion, at any time for any reason and without prior notice. 

We reserve the right to re-offer a previously offered or sold item for any reason at our sole discretion, at any time. 

Bid manipulation or “shill” bidding of any kind is expressly forbidden, as is bidding for the sole purpose of increasing the purchase price (subject to all applicable law). The credit card (or any other payment method that we allow from time to time) of the person with the WINNING BID may be billed at the Auction’s close. 

Bidders are prohibited from communicating with each other for the purpose of manipulating the final purchase price of an item and from "spamming" (sending unsolicited commercial email to Users). 

If a credit card or other payment method is declined for any reason, we (or a service provider) will attempt to contact the WINNING BIDDER, usually by e-mail. If we cannot verify your payment method or if we do not receive payment within 24 hours of the Auction’s close, we reserve the right to;

a) offer the item in question to the next highest Bidder with a compliant payment method or;

b) re-offer/sell the item via Auction or other method or;

c) choose to retain the item for any other purpose at our sole discretion. 

You are not entitled to any refunds or exchanges, so please do not bid (directly or automatically via a max bid) unless you are willing to buy the item for the bid amount (plus applicable taxes and delivery charges etc.). 

Taxes will be added to all WINNING BID amounts. 

You agree not to take any action that would violate any applicable international laws. 

You agree to provide only true and accurate information about yourselves to GRAHAM BUDD AUCTIONS LTD and in all GRAHAM BUDD AUCTIONS LTD forms. 

It is a violation of law to make bids in a false name or with an invalid credit card or other payment method, even if GRAHAM BUDD AUCTIONS LTD software initially accepts such a bid. 

Please be aware that even if you do not give us your real name, your web browser may transmit a unique Internet address to us, which can be used by law enforcement officials to identify you.

Technical difficulties (e.g., bids might not be processed or accepted) or other difficulties (such as fraud or the like) might occur. No warranties or guarantees are made by us or anyone else regarding the absence of such difficulties. 

You agree that GRAHAM BUDD AUCTIONS LTD or their service providers or any affiliate companies will not be liable for such difficulties and that GRAHAM BUDD AUCTIONS LTD may decide how to deal with the resulting situation in its sole discretion (e.g., by rescinding all or part of the Auction or doing something else that appears appropriate to GRAHAM BUDD AUCTIONS LTD in the circumstances). 

Fraudulent Bidders may be prosecuted to the fullest extent of the law and involvement by domestic or foreign regulators or law enforcement can occur. 

We may suspend or cancel access to Auctions if it appears to us in our good faith and sole discretion that there appears to be a violation of these Site T&C, including (without limitation) these Auction rules. 

To report a violation of GRAHAM BUDD AUCTIONS LTD T&C, please contact us by emailing hello@grahambuddauctions.co.uk 

14. PAYMENT & YOUR REQUEST AND CONSENT TO OUR RETENTION OF YOUR PAYMENT INFORMATION 

Before making a bid you must supply us information about the credit card (or other payment method we might allow from time to time) to which any WINNING BID will be charged. If you register your payment method, such registration will be your consent to the Retained Payment Method Consent that appears below. Do not register to bid if you do not want to provide that consent. 

Only valid credit or debit cards are an acceptable payment method and any (if any) refunds will be credited to the same card in our discretion. By designating or registering a payment method, you represent, warrant and agree that you:

• have provided accurate information about a payment method that is valid and has a balance sufficient to cover a winning bid;
• authorise us to verify your information and payment method (which we may do, among other ways, by making a small charge (e.g., £ 1.00) to your card temporarily -- but once validity is indicated the charge will be eliminated from your actual card statement);
• are authorised to use the designated method;
• authorise us to charge your order (including all amounts dues such as taxes, shipping and other amount due hereunder) to your payment method; and
• will keep your payment method and information valid and accurate. If your payment method cannot be verified, is invalid, or is not otherwise acceptable, your purchase (including WINNING BIDS) may be suspended or cancelled in our sole discretion. You agree that we may submit charges for processing even if your payment method has expired by the time we submit it. You must resolve any problem we encounter in order to proceed with your purchase. Your contract for your payment method (e.g., your credit card agreement with your credit card issuer) governs your payment method so you should refer to that agreement (not this one) with respect to your rights and liabilities as a payment method holder (such as a cardholder). You agree to make and keep a copy of records relating to your order such as your order confirmation page. 

15. RETAINED PAYMENT METHOD CONSENT

You may not bid on or purchase an item without first providing a payment method. 

If we allow you to register your payment method, that means you want us to keep your payment information on file for use in subsequent Auctions. By registering, you request us to do that. You also agree that we may charge to your payment method each subsequent purchase made on the Site using your credentials (e.g., password) until you remove your payment information. You may remove it by following the removal instructions provided once we allow registration or by contacting us at hello@grahambuddauctions.co.uk. If you remove it before your purchase is complete, however, you will need to supply a substitute payment method in a timely manner in order to complete that purchase. 

ADDITIONAL TERMS 

16. NATURE OF THE SITE

Items available on the Site are not provided or intended for ordinary use and some may not be new. For example, an autographed football may be used or new, but in either case it is not provided as a football that should be used for everyday use; it is assumed that the person acquiring the football will not use it but will instead treat it much like a treasured piece of art or other keepsake. For those items that are used -- they are not new because someone or a team of interest to you or others has already used them and may even have damaged them. 

17. ORDER FULFILLMENT ISSUES

In the unlikely event we are unable to complete fulfillment of an order from the Site, either in whole or in part, due to unforeseen circumstances beyond our control or for any other reason, you agree that no compensation or replacement(s) will be issued. You will be entitled to a 100% refund related to the unfulfilled item(s) in question where payment has been previously made. 

18. COLOURS & CONDITION OF SALE

Every effort has been made to portray the colours of our products that appear on the Site as accurately as possible. However, because the actual colours you see depend on the monitor you are using, GRAHAM BUDD AUCTIONS LTD cannot guarantee that your monitor’s display of any colour will be completely accurate. It is a condition of sale that the Perry Mascot Statue's is not used for commercial gain. Commercial rights and rights by association to the Perry Mascot Statue's are protected.

19. OUR RIGHT TO CORRECT ERRORS

From time to time there might be information on the Site that contains an inaccuracy such as a typographical error, mistake or omission (collectively, “inaccuracy”), including any relating to item descriptions, pricing, availability or other information. We reserve the right to correct any inaccuracy even if an Auction has already occurred or any fixed price item has been sold. We apologize for any inconvenience this may cause you. Even when there is no inaccuracy, the item descriptions are intended to provide information only -- they are not intended to be express warranties and you agree not to rely upon them as such. 

20. PRICING

All prices for the Site are in British Pounds sterling and are valid and effective only for items auctioned/offered and shipped from the UK; sales taxes and any (if any) shipping and handling charges are always additional unless otherwise indicated. 

All items are subject to availability, quantity limits and your compliance with the Official Birmingham 2022 Commonwealth Games memorabilia T&C. Subject to applicable law, we reserve the right to reject all or part of a WINNING BID without notice if we believe there has been a violation. 

21. PLACE OF ACCEPTANCE

If your bid or fixed price offer is accepted, acceptance is subject to (a) verification that your designated payment method is valid and has a sufficient credit or other balance to cover your full bid or offer and all other amounts due under the GRAHAM BUDD AUCTIONS LTD T&C, and (b) your full compliance with the GRAHAM BUDD AUCTIONS LTD T&C and with any additional conditions in disclosures made on GRAHAM BUDD AUCTIONS LTD or in the listing for the item (including any links from the foregoing). 

Acceptance will be deemed accepted by us at our office. If we do not receive payment within 24 hours we may suspend or cancel your interest in the item you offered to purchase without further notice, and you agree that we may do whatever we want with the item (e.g., sell it to someone else) without any accounting or liability to you. 

Purchases and/or deliveries to the following countries are currently not accepted:

Nigeria; Ethiopia; DR Congo; Tanzania; Kenya; Uganda; Algeria; Sudan; Angola; Mozambique; Ghana; Madagascar; Cameroon; Côte d'Ivoire; Niger; Burkina; Faso Mali; Malawi; Zambia; Senegal; Chad;

Somalia; Zimbabwe; Guinea; Rwanda; Benin; Burundi; Tunisia; South Sudan; Togo; Sierra Leone; Libya;

Congo; Liberia; Central African Republic; Mauritania; Eritrea; Namibia; Gambia; Botswana; Gabon; Lesotho; Guinea-Bissau; Equatorial Guinea; Mauritius; Eswatini; Djibouti; Comoros; Russia; Belarus; Ukraine. 

22. GENERAL DISCLAIMER

GRAHAM BUDD AUCTIONS LTD reserves the right, in its sole discretion and without any obligation, to modify or correct any error or omissions in any portion of this Site, the Auction and/or Buy Now. 

This Site and all of the materials on or referenced by the Site are provided on an "as is" basis, without warranties of any type and GRAHAM BUDD AUCTIONS LTD expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any materials and products. In no event shall GRAHAM BUDD AUCTIONS LTD be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the use of this Site or products purchased through the Auction and/or Buy it Now. By your use of this Site, you agree that you are using this Site solely at your own risk. 

23. MISCELLANEOUS

All images of lots, catalogue descriptions and all other materials produced by GBA are the copyright of GBA.