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The Final Bid — Auction Terms and Conditions

Auction Closing Date and Time: 4 October 2026 at 5:00pm (BST)
Organiser: Midlands Arts Centre (MAC), Cannon Hill Park, Birmingham, B12 9QH
0121 446 3232
Registered Charity number: 528979
Registered Company: 718349

1. Introduction

  1. These Terms and Conditions apply to all bidders in The Final Bid charity fundraising auction organised by Midlands Arts Centre (“MAC”, “the Venue”, “we”, “us”, or “our”).
  2. By bidding for a lot (“chair”, “chairs”) through The Final Bid, participants agree to be bound by these Terms and Conditions.
  3. The auction comprises second-hand chairs made available for sale by their respective owners.
  4. MAC acts as the organiser and facilitator of the auction and is not the owner of the chairs unless expressly stated otherwise.
  5. The auction operates as a timed auction. Bidding opens and remains live until the published closing time.
  6. The auction closes at 5:00pm on Sunday 4 October 2026. No bids submitted after that time will be accepted.
  7. Bidding may be conducted:
    • On-site at MAC using the designated auction tablet(s); or
    • Online via the dedicated auction webpage.
  8. MAC reserves the right to amend these Terms and Conditions, withdraw Chairs, postpone the auction or take any action reasonably required for the proper administration of the auction.

2. Eligibility to Bid

  1. All bidders must be at least 18 years of age.
  2. Bidders must provide accurate contact details when placing their bid and any information reasonably requested by MAC.
  3. MAC reserves the right to refuse, suspend or cancel any bid at its discretion.
  4. MAC reserves the right to verify bidder identity before confirming a sale or releasing a purchased chair.

3. Auction Chairs

  1. Unless stated otherwise, all Chairs are second-hand items.
  2. All Chairs are sold in their existing condition.
  3. Certain chairs have been artistically modified, altered or transformed and are exhibited as works of art. Such lots may no longer be suitable, safe or intended for use as seating or for their original practical purpose as a chair.
  4. Chairs may show signs of age, use, wear and tear, repairs, scratches, dents, fading, staining, structural movement or other imperfections consistent with second-hand furniture.
  5. Photographs, exhibition labels, catalogue descriptions and promotional materials are provided for guidance only.
  6. Descriptions are made in good faith but do not constitute warranties, guarantees or representations regarding:
    • condition;
    • quality;
    • provenance;
    • authenticity;
    • suitability; or
    • fitness for purpose.

4. Inspection of Chairs

  1. Chairs are displayed within the exhibition and are accompanied by photographs and descriptive information viewable via a tablet within the Gallery or online.
  2. Visitors are encouraged to review the details of their preferred Chair before placing a bid.
  3. Remote bidders acknowledge that they may place bids based solely on the information made available online.
  4. Each bidder is responsible for satisfying themselves as to the age, condition, dimensions, construction, material and suitability of a chair before bidding.
  5. By placing a bid, the bidder confirms that they accept the chair in its existing condition.

5. Bidding

  1. Bids may be placed either:
    • on-site using the designated auction tablet(s); or
    • online through the official auction platform.
  2. All bids submitted through either method are deemed to be a commitment to purchase the chosen chair.
  3. Bidders are responsible for ensuring their bids are submitted correctly.
  4. Bids cannot be withdrawn once submitted unless authorised by MAC.
  5. MAC reserves the right to reject, remove or cancel any bid where it reasonably believes:
    • an error has occurred;
    • fraudulent activity is suspected;
    • a bid or bidder is deemed false or inauthentic;
    • these Terms and Conditions have been breached;
    • a technical fault has materially affected the validity of the bid; or
    • a chair has been removed from the auction.
  6. MAC’s electronic bidding records shall constitute the definitive record of bidding activity.

6. Winning Bid, Price and VAT

  1. The highest valid bid recorded for a chair at the close of the auction shall be the winning bid.
  2. Where two or more bids are recorded at the same value, the most recent bid will be determined as the successful bid.
  3. No VAT is chargeable on bids.
  4. Following closure of the auction, MAC will verify bidding records, identify the successful bidder and validate the authenticity of the bid.
  5. If MAC is unable to contact the successful bidder three times after the auction closes, the next highest bidder will be contacted.
  6. MAC reserves the right to investigate and resolve any bidding anomalies prior to confirming a sale.

7. Formation of Contract

  1. A legally binding contract is formed when:
    • bidding has closed for the relevant chair; and
    • MAC notifies the highest valid bidder that they are the successful purchaser.
  2. Successful bidders become immediately liable for the full purchase price.
  3. Failure to complete payment may result in cancellation of the sale and exclusion from future MAC auctions.

8. Ownership of Chairs

  1. All chairs remain the property of their original owner until:
    • the auction has concluded;
    • the successful bidder has been confirmed;
    • full payment has been received; and
    • ownership has been formally transferred.
  2. No ownership rights pass to a successful bidder until payment has been received in full.
  3. MAC acts solely as facilitator of the transaction unless expressly stated otherwise.

9. Payment

  1. Successful bidders will be contacted following the close of the auction.
  2. Full payment must be made within the period specified by MAC.
  3. MAC reserves the right to withdraw a sale where payment is not received within the required timeframe.
  4. If payment is not made, MAC may:
    • offer the chair to another bidder;
    • re-auction the chair;
    • cancel the transaction; or
    • recover any losses reasonably incurred.

10. Collection and Delivery

  1. Purchased chairs must be collected from MAC by the date specified in the post-auction communication.
  2. Chairs will not be released until payment has been received in full.
  3. Buyers are responsible for all collection, packing, transportation and delivery arrangements.
  4. Any costs associated with transportation, shipping, courier services or specialist handling are the responsibility of the purchaser.
  5. MAC accepts no responsibility for loss or damage arising during transportation by the owner or third-party carriers.
  6. MAC reserves the right to make reasonable storage or disposal arrangements for chairs that remain uncollected after an agreed collection period.

11. Risk and Responsibility

  1. MAC will take reasonable care of purchased chairs while they remain in its possession awaiting collection.
  2. Risk in a chair passes to the purchaser upon collection.
  3. Following collection, the purchaser assumes full responsibility for:
    • loss;
    • theft;
    • accidental damage;
    • transportation;
    • storage; and
    • maintenance & repair.
  4. MAC shall not be responsible for any damage occurring after collection.

12. Furniture Condition and Safety

  1. All furniture is sold as second-hand furniture.
  2. MAC makes no representation or warranty regarding:
    • structural integrity;
    • safety;
    • durability;
    • suitability; or
    • fitness for purpose.
  3. Purchasers are responsible for inspecting, maintaining and, where necessary, obtaining professional assessment or repair before use.
  4. Buyers should not assume that older or artistically modified furniture complies with contemporary safety standards.
  5. Certain lots have been transformed, adapted or embellished by artists and are offered principally as works of art. Unless expressly stated otherwise, purchasers should not assume that such lots remain suitable for use as seating or for any other practical purpose.
  6. MAC makes no representation or warranty that artist-modified lots comply with furniture safety standards or are safe for functional use.

13. Refunds, Returns and Cancellations

  1. All sales are final.
  2. No refunds, exchanges, returns or cancellations will be accepted because:
    • a purchaser changes their mind;
    • a purchaser later decides the item is unsuitable;
    • normal wear and tear is discovered;
    • a purchaser failed to review the details or condition of the chair before bidding.
  3. Normal wear and tear, age-related deterioration, repairs, scratches, marks, fading and other imperfections associated with second-hand furniture shall not constitute grounds for refund.
  4. MAC may, at its sole discretion, offer a refund or alternative remedy where it determines that a chair has been materially misdescribed.

14. Damage and Claims

  1. Any concern regarding the condition or description of a chair must be raised with MAC before the chair leaves the Venue. Concerns can be raised by emailing thefinalbid@macbirmingham.co.uk.
  2. Once collected, the chair shall be deemed accepted by the purchaser.
  3. Claims relating to damage occurring during transportation, handling, storage or use after collection remain the responsibility of the purchaser.
  4. MAC may request supporting evidence when investigating any claim.

15. Technical Issues

  1. MAC does not guarantee uninterrupted access to the online auction platform.
  2. MAC shall not be liable for:
    • internet outages;
    • connectivity failures;
    • software issues;
    • device malfunctions;
    • delays in transmission; or
    • any technical issue outside its reasonable control.
  3. MAC reserves the right to:
    • pause bidding;
    • extend bidding;
    • reopen bidding;
    • suspend access;
    • withdraw a chair; or
    • take any other reasonable action
    where a technical issue has materially affected the auction process.
  4. MAC’s decision regarding technical issues shall be final.

16. Charity Fundraising Event

  1. The Final Bid is a charitable fundraising initiative delivered by Midlands Arts Centre.
  2. By participating in the auction, bidders acknowledge that bids are made voluntarily in support of MAC’s charitable objectives.
  3. Unless otherwise stated, proceeds from the auction will support the charitable activities of Midlands Arts Centre.

17. Photography and Publicity

  1. MAC will record and photograph the exhibition and auction for promotional, fundraising and archival purposes.
  2. Attendees who do not wish to be recorded or photographed should notify a member of staff.

18. Data Protection

  1. Personal information collected for the administration of the auction will be processed in accordance with applicable data protection legislation and MAC’s Privacy Policy.
  2. Information may be used for:
    • bidder registration;
    • payment processing;
    • administration of purchases;
    • collection arrangements; and
    • related event communications.

19. Limitation of Liability

  1. To the fullest extent permitted by law, MAC shall not be liable for indirect, consequential or economic losses arising from participation in the auction or ownership of any Chair.
  2. Nothing in these Terms and Conditions shall exclude or limit liability where such limitation would be unlawful.

20. Escalation and Dispute Resolution

Stage 1: Informal Resolution

  1. Concerns should initially be raised with Midlands Arts Centre by emailing thefinalbid@macbirmingham.co.uk as soon as reasonably possible.
  2. MAC will seek to resolve concerns informally wherever appropriate.

Stage 2: Formal Complaint

  1. If the matter cannot be resolved informally, a written complaint must be submitted within fourteen (14) days of the issue arising.
  2. The complaint should include:
    • bidder name;
    • contact details;
    • relevant chair number;
    • details of the complaint; and
    • supporting evidence.
  3. The matter will be reviewed by an appropriate member of MAC’s senior management team.
  4. A written response will normally be issued within twenty-one (21) days.

Stage 3: Executive Review

  1. If the complainant remains dissatisfied, they may request a final review by the Chief Executive Officer & Artistic Director of Midlands Arts Centre or their nominated representative.
  2. The outcome of this review shall constitute MAC’s final decision.

Electronic Bidding Records

  1. For disputes concerning online bidding activity, timing of bids, account access or technical operation of the platform, MAC may rely on:
    • system records;
    • transaction logs;
    • audit trails; and
    • platform data.
  2. Such records shall be treated as the authoritative record of bidding activity unless proven otherwise.

Legal Rights

  1. Nothing in this procedure prevents any participant from seeking independent legal advice or pursuing any legal remedies available under applicable law.

21. Governing Law

  1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
  2. Any dispute arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Midlands Arts Centre (MAC)
The Final Bid
Auction Closing Time: 4 October 2026 at 5:00pm (BST)

Midlands Arts Centre
Cannon Hill Park
Birmingham
B12 9QH

0121 446 3232

info@macbirmingham.co.uk
macbirmingham.co.uk

Kindly supported by players of the Postcode Lottery and Arts Council England.
The Final Bid was commissioned by the Draiflessen Collection, Germany, and MAC is its first and only UK venue.

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