Terms of Use — WFCS Auction

1. About Us

The Well Foundation (trading as WFCS Auction) is a Scottish charity registered with the Office of the Scottish Charity Regulator (OSCR) under charity number SC040105. Our registered office is at 211B Main Street, Bellshill, ML4 1AJ, Scotland. Our principal place of operation is Building 2, Unit C, Ground Floor, 4 Parklands Way, Eurocentral, Holytown, ML1 4WR.

Proceeds from all auctions conducted through this platform are used in furtherance of our charitable purposes.

2. Eligibility

To participate in our auctions you must:

Be at least 18 years of age;
Be resident in the United Kingdom;
Have registered a valid account with a verified email address; and
Have provided accurate and complete registration information.

By placing a bid you confirm that you meet all of the above requirements. We reserve the right to refuse registration or cancel bids where these conditions are not met.

3. How Our Auctions Work

3.1 Bidding

Each lot lists a starting bid (the minimum first bid) and, where applicable, a reserve price (the minimum price at which the lot will be sold). Reserve prices are not disclosed to bidders. A bid constitutes a legally binding offer to purchase the lot at the bid amount.

You may place bids up to and including the auction closing time displayed on each lot. Bids cannot be retracted once placed.

3.2 Winning Bids

The highest valid bid at the auction close wins the lot, provided it meets or exceeds the reserve price. If no bid meets the reserve, The Well Foundation reserves the right to offer the lot to the highest bidder at the reserve price or to withdraw it entirely.

The winning bidder will be notified by email within 24 hours of the auction closing.

3.3 Silent Auction Lots

For in-person silent auction events, bid sheets are used on-site. These terms apply to the extent relevant to in-person participation.

4. Payment

On winning a lot, payment in full is required within 7 days of receiving the winning notification. Payment is processed securely through Stripe. We accept major debit and credit cards. Ownership of a lot does not transfer until payment has been received in full.

Failure to pay within the required period entitles The Well Foundation to cancel the winning bid and offer the lot to the next-highest bidder or relist the item.

All prices are listed in pounds sterling (GBP) and are inclusive of any applicable charges.

5. Collection and Delivery

Arrangements for collection or delivery of won lots will be communicated to winning bidders following payment. Any delivery costs, where applicable, will be confirmed at that stage and are the responsibility of the winning bidder unless otherwise stated on the lot listing.

The Well Foundation cannot be held responsible for items damaged in transit once they have been dispatched in accordance with agreed arrangements.

6. Lot Descriptions and Condition

Lot descriptions are provided in good faith based on information supplied by donors. The Well Foundation does not independently verify the condition, provenance, or value of donated lots and makes no warranties as to their fitness for purpose or merchantability beyond what is stated in the listing.

Bidders are encouraged to review lot descriptions carefully and, where possible, raise questions before bidding. Lots are sold as described.

7. Gift Aid

Where bidders pay in excess of an item's stated market value, the excess may qualify for Gift Aid in accordance with HMRC guidance (Chapter 3 of the HMRC Charities Detailed Guidance Notes). To qualify:

You must be a UK taxpayer;
You must have completed a Gift Aid declaration at the time of registration or purchase;
The item's market value must be disclosed and you must knowingly bid in excess of it; and
The item must be capable of separate commercial purchase.

By ticking the Gift Aid option at checkout, you confirm that you are a UK taxpayer and understand that The Well Foundation will reclaim 25p of tax on every £1 of qualifying donation. You must notify us if your tax status changes.

Gift Aid records are retained for six years in accordance with HMRC requirements.

8. Cancellations and Refunds

As auction lots are donated items sold on behalf of a charity, the standard Consumer Contracts Regulations 2013 right of cancellation does not apply to distance purchases made at auction. All sales are final.

In exceptional circumstances (for example, a material misdescription of a lot), The Well Foundation may at its discretion offer a refund. Please contact us within 14 days of receiving the lot if you believe there is a significant discrepancy between the lot description and the item received.

9. Conduct and Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree not to:

Place bids you do not intend to honour;
Collude with other bidders to suppress bid prices;
Use automated means (bots or scripts) to place bids; or
Use the platform for any unlawful purpose.

We reserve the right to remove any account found to be acting in bad faith without prior notice.

10. Intellectual Property

All content on this platform — including text, images, logos, and design — is owned by or licensed to The Well Foundation. You may not reproduce, distribute, or create derivative works from any content without our express written permission.

Lot images are provided by donors or The Well Foundation for the purpose of the auction only.

11. Limitation of Liability

To the extent permitted by law, The Well Foundation's liability for any claim arising out of or in connection with these terms is limited to the amount paid by you for the relevant lot. We are not liable for indirect, consequential, or economic losses.

Nothing in these terms excludes or limits liability for fraud, personal injury caused by negligence, or any other liability that cannot be excluded under Scots law.

12. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of Scotland. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the Scottish courts.

13. Changes to These Terms

We may update these terms from time to time. The date at the top of this page indicates when they were last revised. Continued use of the platform after any changes constitutes acceptance of the updated terms.

14. Contact Us

For any questions regarding these terms, please contact:

The Well Foundation
211B Main Street, Bellshill, ML4 1AJ, Scotland
Email: info@wellfoundation.org.uk