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Please note: Reserve price for this Harry Potter signed print is £150.00.

1. PARTICIPATION IN ONLINE AUCTION

• 1.1 These auction terms and conditions, together with any other terms and conditions published on www.empireonline.com ("the Website"), ("the Agreement") govern the participation in the Empire Online Auction ("the Auction"). The Auction is being run by Bauer Consumer Media Limited, registered address: 21 Holborn Viaduct, London EC1A 2DY company no: 01176085 ("Empire"). By bidding in the Auction, you agree to be bound by the terms of this Agreement.
• 1.2 A full description of the items being auctioned ("the Goods") has been or will be provided on the Website prior to the commencement of the Auction. Bidders should ensure that they have read the description of the Goods for which they are bidding.
• 1.3 The successful bidder will be required to make immediate payment by credit card or debit card or pay by cheque in accordance with Clauses 6.1 - 6.4 below.
• 1.4 Each bid (including successive bids) must contain (a) the bidder's final bid in Pounds Sterling along with (b) the bidder's full name, and (c) contact telephone. By submitting the form above, your bid will be sent to Empire. Bids must be received no later than 26 June 2009 ("the Closing Date"). Incomplete bids or bids containing false information will be voidable by Empire.
• 1.5 Access to and participation by a bidder is confirmation that he/she has accepted the terms and conditions set out in this Agreement.

2. LEGAL CAPACITY

• 2.1 Bidding in the Auction is open only to persons aged 18 years and over and resident in the United Kingdom. By bidding in the Auction you hereby warrant and represent that you are at least 18 years old, legally able to enter into and form a binding contract and that you are resident in the United Kingdom.
• 2.2 The Auction is closed to employees of Empire, their families, agents and anyone associated with the Auction.
• 2.3 In order to validate any bid each bidder must provide their full real name, telephone number and email address along with any other information that may be requested by Empire from time to time.

3. LEGAL STATUS OF BIDS

• 3.1 Each placement of a bid will constitute an irrevocable legal offer for the Goods which, on acceptance by Empire, will form an agreement which will be binding on the bidder. As such, the bid may not be withdrawn after it is placed (except by placing a higher bid) and may be accepted as the winning bid at any time.

4. GENERAL RULES GOVERNING AUCTION PROCEDURE

• 4.1 Bids will not be accepted unless they are at least £150.00
• 4.2 Subject to Clause 4.8, the winning bid in the Auction will be the bid which is the highest bid received by Empire on or before the Closing Date and which meets any other conditions specified on the Website as relating to the Auction ("the Winning Bid", and "Winning Bidder" means the person who submits the Winning Bid). If additional conditions apply, they will be published alongside the description of the Goods prior to the commencement of the Auction.
• 4.3 There is no limit on the number of bids that may be submitted per person. Where you submit more than one bid, your highest bid will be the only valid bid and all other bids made by you will be deemed to have been withdrawn.
• 4.4 Empire is not responsible for any bids that are not submitted correctly due to any technical error on the Website or any third party site or email service provider (including that used by Empire) or any related claims or losses arising directly or indirectly. Proof of submitting your bid is not proof of receipt of the bid by Empire.
• 4.5 Empire reserves the right to suspend or terminate the Auction early or to extend it at any time and at its discretion, and may give notice of suspension, termination or extension in such manner as it sees fit, including by notice on the Website. The Auction may be subject to suspension, termination or extension due to, among other things, technical difficulties experienced by Empire.
• 4.6 Further to Clause 4.5, if the Auction is cancelled for any reason and subsequently re-activated, all previous bids will lapse and bidding will recommence.
• 4.7 Empire reserves the right to refuse and/or remove bids (including high bids and the Winning Bid) where in its absolute discretion it believes that the bidder has breached any of the terms of this Agreement.
• 4.8 If Empire refuses or removes a higher ranked bid placed by another bidder, Empire may in its sole discretion convert your losing bid into a Winning Bid.
• 4.9 In the event there is a dispute between bidders, Empire is under no obligation to become involved in such disputes. You hereby release Empire, its officers, employees, agents and affiliates from any claims, demands or damages arising out of or in connection with any such disputes and/or the Website.
• 4.10 If you are the Winning Bidder you will be contacted by telephone or by email within one week of the Closing Date to confirm acceptance by Empire of your bid and to arrange payment methods and delivery of the Goods.
• 4.11 If for whatever reason Empire is unable to contact the Winning Bidder within two weeks of the Closing Date and/or there is any problem or delay in payment or the likely ability of the bidder to make such payment, and without prejudice to any other Clause in this Agreement, Empire reserves the right at its sole discretion not to accept such bid and terminate the Agreement with that bidder, to offer the Goods to the next highest bidder, to re-auction the Goods or to dispose of the Goods by any other means.
• 4.12 You acknowledge that there is no other right to cancel or return the Goods that have been successfully bid for and that the Consumer Protection (Distance Selling) Regulations 2000 do not apply to the Auction or any services related to its administration. To the extent that any terms of this Agreement are inconsistent with the nature of an auction they shall be deemed not to apply.

5. GOODS

• 5.1 The Goods bought at the Auction are non-refundable and non-exchangeable, save as set out in Clause 5.4 below.
• 5.2 Empire does not guarantee the condition or suitability of the Goods or the fitness of the Goods for their stated purpose.
• 5.3 You acknowledge that the Goods may differ slightly from the photographic images displayed on the Website.
• 5.4 Empire shall have the right to substitute the Goods with items of a similar description and standard, if for any reason the Goods are not available or for any other substantial reason. In the event of such substitution before the close of the Auction, a bidder may withdraw a bid by notice to Empire, such notice to be received before the Closing Date. In the event of a substitution after the Closing Date the Winning Bidder shall have the right to decline the substitution within 7 days of being notified or otherwise becoming aware that the Goods have become substituted and, where applicable, the right to a refund of monies paid. In the event that the Winning Bidder does not accept the substitution, Empire may, but shall not be bound to, offer the substituted Goods to the next highest bidder.

6. PAYMENT

• 6.1 The amount of the Winning Bid will be inclusive of VAT (if any) but will be exclusive of delivery or collection costs, for which the Winning Bidder will be responsible in full.
• 6.2 Full details of payment procedures will be given to the Winning Bidder. Payment must be received by Empire within 14 days of the Winning Bidder being notified that his/her bid is the Winning Bid, however Empire may request payment at an earlier date.
• 6.3 The Auction will be conducted in Pounds Sterling. All forms of payment must therefore be in Pounds Sterling.
• 6.4 Goods will not be released to the Winning Bidder until payment has been received in full and, if appropriate, cleared funds have been received by Empire.

7. RETURNS

• 7.1 You are responsible for inspecting the Goods at the time of delivery to ensure that they match the Goods described on the Website.
• 7.2 If the Goods are defective within the meaning of the Sale of Goods Act 1979 Empire will provide a refund (in the amount of the Winning Bid) to the Winning Bidder upon return to Empire of the Goods. Except as required by law Empire will not under any other circumstances accept the return of Goods that have been delivered to and accepted by the Winning Bidder.

8. DATA PROTECTION

• 8.1 Except where bidders have indicated in their bid that they are happy to be contacted for marketing purposes, personal information provided by bidders in their bid(s) will be used to administer the Auction only and not for future marketing or other purposes.
• 8.2 The Winning Bidder agrees to take part in any post publicity for the Auction that may be organised by Empire and in any news media activities surrounding the Auction.

9. LIMITATION OF LIABILITY

• 9.1 Every reasonable effort is taken by Empire to ensure that information provided on the Website is accurate, complete and up-to-date however Empire makes no representation and expressly excludes all conditions or warranties, express or implied, including (but not limited to) the availability, quality, timeliness, performance or fitness for a particular purpose of any of the Goods, to the full extent permitted by law.
• 9.2 Empire will not in any circumstances be liable in contract or tort (including negligence and breach of statutory duty) for any indirect or consequential loss, howsoever arising or caused in connection with this agreement, the Website or the Goods.
• 9.3 Without prejudice to any other clause in the Agreement, you agree that, if Empire is held to have any legal liability, Empire will only be liable for direct loss up to a maximum total of the amount of the reasonable market value of the Goods or the Winning Bid (whichever is the lower) in respect of any one incident or series of incidents attributable to the same cause.
• 9.4 Empire makes no warranty that the Website will meet your requirements, or that it will be timely, secure or error free.
• 9.5 Nothing in this Agreement shall purport to exclude liability for death or personal injury where this has been caused by the negligence of Empire.

10. THIRD PARTY RIGHTS

• 10.1 This Agreement does not crate or confer any right under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to this Agreement.

11. JURISDICTION

• 11.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the courts and tribunals of England and Wales will have exclusive jurisdiction in relation to any disputes.