TERMS & CONDITIONS

Terms and Conditions for Made From Fiona Online Charity Auction ("Auction")

Last Updated: September 15, 2023

Acknowledgment

By accessing, browsing, and participating in the Auction, you acknowledge that you have read, understood, and agree to be bound by these legally binding Terms and Conditions ("Terms"). The Auction is managed and operated by King Ursa in collaboration with Timberland® Canada. For the purposes of these Terms, the website on which the Auction takes place is MadeFromFiona.ca (hereinafter referred to as "the Website.") A "Bidder" refers to any individual, group, or entity that participates in the Auction by placing a bid. This term also includes a "Principal Bidder," who may authorize a third party ("Authorized Representative") to place bids on their behalf. It is your responsibility to read and understand these Terms before participating in the Auction.

If you do not agree with these Terms, please do not use the Website or participate in the Auction. We reserve the right to modify these Terms at any time without prior notice. Users will be notified of any changes through updates on the Website. Your continued use of the Website following any changes signifies your acceptance of our revised Terms.

Eligibility

You must have reached the age of majority in your jurisdiction to participate in the Auction. By placing a bid, you certify that you meet these eligibility requirements. King Ursa, alongside Timberland® Canada, reserves the right to verify the eligibility of all participants.

For the purposes of these Terms, a "Bidder" is defined as any individual, group, or entity that participates in the Auction by placing a bid. This term also includes a "Principal Bidder," who may authorize a third party ("Authorized Representative") to place bids on their behalf.

Item Descriptions

The artworks available for auction ("Item" or “Items”) are handmade works of art created by independent artists who have been contracted by Timberland® Canada to produce these Items specifically for raising funds for United Way Halifax. While every effort is made to accurately describe and depict each Item, including materials used, dimensions, and other characteristics, we cannot guarantee that the descriptions are completely accurate or free from errors.

As each Item is handmade, variations in colour, texture, or other features may exist. These variations are a testament to the unique quality and artistic merit of each Item and should not be considered as defects. By participating in the Auction, you acknowledge that the Item(s) are sold 'as is' and that neither Timberland® Canada, King Ursa, United Way Halifax nor the contributing artists are responsible for any discrepancies between the Item description and or depiction and the actual artwork.

Bid Submissions

To place a bid on Items featured in the Auction, you must submit your bid using the provided bidding form on our Website. Each time you bid, you will be required to enter personal information, including but not limited to, your name, email address, and contact details.

By submitting a bid, you agree:

  1. To provide accurate and complete information for each bid submission.

  2. That you are responsible for each bid submitted using your personal information.

  3. Your personal information will be stored and used in accordance with our Privacy Policy.

  4. Submitting bids with false or misleading information may result in disqualification from the Auction and potential legal action.

  5. Submitting a bid using another person's unauthorized personal information is strictly prohibited and may result in immediate disqualification from the Auction. Legal action may be taken against anyone found to be placing bids using someone else's personal information.

  6. Your bid is genuine and you are legally obligated to make payment upon winning.

Refusal of Bidding

  1. Authorization Requirements: A Bidder ("Principal Bidder") may authorize a third party ("Authorized Representative") to place bids on their behalf during the Auction. The Principal Bidder is not required to notify King Ursa or Timberland® Canada prior to the Auction but must be able to provide, upon request, a written letter of authorization that includes the full name, contact information, and any other required documentation for the Authorized Representative.

  2. Liability: The Principal Bidder assumes full responsibility for all bids made by their Authorized Representative and is bound by the same Terms and Conditions that apply to all other bidders.

  3. Identification: Authorized Representatives are required to present valid identification upon request and may be subject to verification procedures by King Ursa or Timberland® Canada to confirm their authorization status.

  4. Revocation of Authorization: The Principal Bidder may revoke the authorization for the Authorized Representative at any time but must do so in writing. Any bids made by the Authorized Representative prior to this revocation will remain valid and binding on the Principal Bidder.

  5. Limits of Representation: Unless explicitly notified by the Principal Bidder, an Authorized Representative may bid on any Item in the Auction up to the spending limit set forth by the Principal Bidder in the written authorization.

  6. No Multiple Representations: An individual may not serve as an Authorized Representative for more than one Principal Bidder in the same Auction without explicit, written permission from King Ursa or Timberland® Canada.

  7. Liability for Exceeding Spending Limit: In the event that an Authorized Representative places a bid that exceeds the spending limit set forth by the Principal Bidder in the written authorization, the Authorized Representative will be held accountable for any and all bids made beyond this limit. The Authorized Representative may face legal consequences for exceeding the specified spending limit without explicit, written permission from the Principal Bidder.

Timberland® Canada and King Ursa reserve the right to take the following actions at their sole discretion:

  1. Reject any bid, either before, during or after the Auction.

  2. Revoke acceptance of any previously accepted bid.

  3. Withdraw any Item(s) from the Auction.

  4. Restart or continue bidding on any Item(s).

These rights may be exercised for various reasons, including but not limited to, manifest errors, fraudulent activity, or violations of these Terms and Conditions. Timberland® Canada and King Ursa  also reserve the right to disable your bidding privileges at any time.

By participating in the Auction, you acknowledge that Timberland® Canada and King Ursa have this discretion and may exercise it at any time, in accordance with applicable laws and regulations.

Authorization to Bid by Proxy or Representative

Payment Coordination

No payments for winning bids will be made through this Website. Upon the conclusion of the Auction, winning bidders will be notified, and payment will be coordinated separately between the winning bidder, the King Ursa and the artist(s) providing the item(s), and United Way Halifax.

  1. Notification Procedure: Winning bidders will be notified via email and phone call within 24 hours of the Auction's close. It is the bidder's responsibility to ensure that they provide accurate and current contact information for these notifications.

  2. Obligation for Payment: Winning bidders are obligated to finalize payment within 120 hours after receiving the notification.

  3. Payment Methods: Payment methods available for the winning bidder will be communicated at the end of the Auction and may include options such as VISA, Mastercard, American Express, or wire transfer.

  4. Failure to Complete Payment: Failure to complete payment within the stipulated 120-hour time frame may result in the forfeiture of the winning Item. In such cases, the Item may be offered to the next highest bidder as the new winning bidder.

  5. Legal Consequences: Failure to complete payment could result in legal action being taken against the winning bidder for breach of contract.

  6. Authorization Issues: If we do not receive the required authorization for payment, we will not be liable for any delay or non-delivery of the Item you have won.

  7. Obligations of Second-Highest Bidder: In the event that the winning bidder fails to complete payment within the stipulated 120-hour time frame, the second-highest bidder will become the new winning bidder and will be obligated to finalize payment under the same terms as originally outlined for the highest bidder. Failure to do so may result in forfeiture of the Item and could lead to legal consequences for breach of contract.

Connectivity & Technical Issues

Participation in the Auction requires a stable internet connection. The platform enabling the Auction website is optimized for broadband connectivity, such as DSL or cable modem. We do not guarantee that the Auction will be accessible or function properly under all network conditions or on all devices.

We are not responsible for connectivity issues, internet capacity constraints, corporate firewalls, or other technical problems beyond our reasonable control that may affect your ability to participate in the Auction, including but not limited to issues with submitting bids or accessing the Auction platform.

Errors may also occur in the quality of digital images of the Item(s) being auctioned. By participating in the Auction, you acknowledge and agree that neither King Ursa nor Timberland® Canada are liable for difficulties or errors related to technical problems, and that bids may be time-stamped and processed in the order received, irrespective of any connectivity issues you may experience.

In the event that a bid is not successfully submitted due to connectivity problems, technical difficulties, or any other issues on our platform or on the bidder's side, such bids will not be considered valid for the Auction. The King Ursa and or Timberland® Canada are not responsible for any missed bids due to these types of issues. Participants are encouraged to maintain a reliable and stable internet connection to avoid any potential complications.

Shipping and Handling

  1. Responsibility for Costs: Winning bidders are solely responsible for all shipping and handling costs associated with their won Item(s). These costs are not included in the winning bid amount and will be coordinated separately after the conclusion of the Auction.

  2. Coordination of Shipment: Following the completion of the Auction and the payment process, shipping and handling arrangements will be coordinated between the winning bidder, and the respective artist(s).

  3. Local Pick-Up: Winning bidders may opt for local pick-up of their Item(s) where available. If you choose to pick up the Item(s) yourself, you assume all responsibility for any damage or loss that occurs from the time of pick-up. Neither Timberland® Canada, King Ursa, nor the contributing artists will be held liable for any damages incurred during self pick-up.

  4. Third-Party Shipping Services: Should you choose to use a third-party shipping service, neither Timberland® Canada nor the contributing artists shall be liable for any damages, loss, or issues that may arise during shipping. The choice of shipping service is at your own risk and expense.

  5. International Shipments: International shipping may be subject to additional charges and restrictions. Winning bidders are responsible for compliance with all applicable international shipping laws and regulations, including but not limited to customs duties, import taxes, and other fees. Neither Timberland® Canada, King Ursa, nor the contributing artists are responsible for delays or complications due to customs.

By participating in the Auction, you agree to these shipping and handling terms.

International Duties, Taxes, and Tariffs

**Note: This section applies only to winning bidders who reside outside of Canada or who intend to have their won Item(s) shipped to a location outside of Canada.

  1. Responsibility for Costs: Winning bidders are solely responsible for paying all duties, taxes, and tariffs associated with international shipping of their won Item(s), in addition to the shipping and handling costs.

  2. Compliance: Winning bidders are responsible for compliance with all international shipping laws and regulations, including but not limited to customs duties, import/export restrictions, and documentation requirements.

  3. Additional Charges: Any additional charges levied by the destination country, including but not limited to customs duties, import taxes, and handling fees, are the responsibility of the winning bidder.

  4. Customs Delays: Neither Timberland® Canada, King Ursa, nor the contributing artists are responsible for delays due to customs inspections, duties, or any other issues arising from international shipping processes.

  5. Legal Requirements: It is the winning bidder's responsibility to ensure they are legally able to import the won Item(s) into their country of residence. Neither Timberland® Canada, King Ursa, nor the contributing artists shall be liable if local customs authorities impound the shipped Item(s) or levy fines. Regulations may prohibit importation of Items made with exotic or natural materials.

By participating in the Auction, you acknowledge and agree to these terms relating to international duties, taxes, and tariffs.

CRA Tax Receipt Rules for Charity Auctions

Fair Market Value Must Be Known: The fair market value (FMV) of the auction item must be determined and displayed to all potential bidders before the auction begins. If this is not done, a tax receipt cannot be issued to the winning bidder.

Intention to Make a Gift: The winning bid must show an intention to make a charitable gift. This means that the fair market value of the item must not exceed a specific percentage of the winning bid, as specified by CRA guidelines. If it does, a tax receipt cannot be issued.

Receipt for Winning Bidder: A tax receipt can only be issued for the amount that exceeds the item's fair market value.

Receipt for Donor: If you're the person who donated the item to the auction, a tax receipt can be issued to you for the fair market value of the item, as long as that value was established and made known in advance.

Minimum Bid Requirement: There's a minimum bid required to meet the "intention to make a gift" criteria. This is calculated based on the item's fair market value.

Failure to Meet Criteria: If any of these rules are not followed, a tax receipt cannot be issued to the winning bidder.

Find more information, please visit the CRA website here.

Currency of Displayed Values and Payments

All monetary amounts displayed on this Auction site, including but not limited to starting bids, winning bids, and reserve prices, are denominated in Canadian dollars (CAD). Furthermore, all bids submitted must be understood to be in Canadian dollars, and payments to artists and/or United Way Halifax are also to be made in Canadian dollars.

Please note that no transactions are facilitated directly through this Auction site. The Canadian dollar amounts are for reference, bidding, and payment coordination purposes only.

By participating in the Auction, you acknowledge and agree to the use of Canadian dollars for all relevant aspects of the Auction as described above.

Cancellation & Refund Policy

All sales through this Auction are final. No refunds or cancellations will be issued once a bid has been confirmed and the winning bidder has been notified. By participating in the Auction, you acknowledge and agree to this policy.

Role of King Ursa

This Auction is managed and operated by King Ursa on behalf of Timberland® Canada. While Timberland® Canada is the sponsor and United Way Halifax is the beneficiary of the Auction, King Ursa is responsible for the day-to-day operation, including but not limited to, the coordination of Items, the collection of bids, and the handling of payments. Any questions or issues relating to the operation of the Auction should be directed to King Ursa at madefromfiona@kingursa.com.

Both Timberland® Canada and King Ursa adhere to these Terms and Conditions, and your participation in the Auction signifies your agreement to abide by these Terms as they apply to both Timberland® Canada and King Ursa.

Indemnification

You agree to indemnify, defend, and hold harmless Timberland® Canada, King Ursa, United Way Halifax, their affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms and Conditions. Timberland® Canada, King Ursa, and United Way Halifax reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Timberland® Canada’s, King Ursa’s, and United Way Halifax’s defense of such claim.