Auction Lot Donor – Terms & Conditions

1.1 These Terms and Conditions (“Terms”) apply to all individuals or organisations (“Donors”) who provide paintings, drawings, photographs (“Art”), sculptures and pieces (“other artistic works”), and/or any prizes, services, experiences or other items (“Other items”), which shall be referred together (“Lots”), for sale at the Auction (“the Event”).

1.2 The Event is organised by Terrence Higgins Trust (“the Organisers”). Terrence Higgins Trust is a registered charity in England and Wales (reg. no. 288527) Company reg. no. 1778149 and a registered charity in Scotland (reg. no. SC039986).

1.3 The Organiser’s registered office is located at: 437 & 439 Caledonian Road, London, N7 9BG (“Head Office”).

1.4 The Organisers will include Lots in printed and online promotional materials (“the Catalogue”) as appropriate.

2.1 The Event will be conducted by a professional Auctioneer (“the Auctioneer”) appointed by The Auction Collective and comprises of both a live auction, and a timed auction.

2.2 The Organisers, in consultation with the Auctioneer, reserve the right to determine whether the Lot for sale is placed into the live or the timed auction aspect of the Event.

2.3 The winning bidder shall be the person with the highest bid accepted by the Auctioneer.

2.4 The Organisers act as agent, selling the Lots on behalf of the Donors, and shall charge a sales commission of 2% for its role as agent.

2.5 The Organisers hope that the proceeds from the sale of the Lots, after the deduction of the 2% sales commission, shall be donated to the Organisers to help achieve its charitable objectives.

2.6 The Organisers shall seek to claim Gift Aid on the donated amount, where the Donors have completed a Gift Aid declaration.

3.1 The Donor warrants and represents that they are the legal owner of the Lot, or are duly authorised to sell the Lot, and that no third-party rights or claims exist in respect of the Lot.

3.2 Donors shall consign their Lots to the Organisers to catalogue, promote, market, and offer the Lots for sale at the Event.

3.3 The Donor undertakes to indemnify the Organisers against all claims, demands, losses, damages, costs, and expenses arising from any breach of this warranty.

3.4 The Donor remains the legal owner of the Lot until the winning bidder remits full payment, after which the title passes directly from the Donor to the winning bidder.

3.5 If applicable, the Donor shall provide a certificate of authenticity or equivalent documentation, when offering the Lot to be entered into the Event.

4.1 The Organisers reserve the right to amend, shorten, or otherwise alter the description of any Lot in consultation with the Donor, and the Auctioneer has the right to adjust reserve prices and/or estimated valuations where appropriate.

4.2 Donor must respond to all requests, deadlines, and communications from the Organisers within the specified timeframes. Where no response is received by the deadline, the Organisers shall have the final authority to determine the description or presentation of the Lot.

4.3 Statements by the Organisers in the Catalogue or made orally or in writing elsewhere regarding the authorship, origin, date, size, medium, attribution, genuineness, providence, condition or estimated selling price of any Lot are merely statements of opinion and are not to be relied on as statements of fact. Neither the Organisers nor the Auctioneer is responsible for the correctness of any such statement or statements nor for any other errors of description or for any faults or defects in any Lots. Catalogue illustrations are for guidance only.

5.1 Donors must provide a high-definition (HD) image, minimum 5MB high resolution, in any image file format of their Lot(s) as requested by the Organisers by 9 February 2026 to help catalogue, market, and promote the Lot for inclusion in the Event.

5.2 The Organisers reserve the right to reject images that are not high-definition.

5.3 Any images of the Lot given by the Donor is done on the understanding that the Organisers will have the non-exclusive right to use the supplied image in the Catalogue and in all aspects of marketing and publicity supporting the Auction.

5.4 The Donor is responsible for providing the Organiser with any relevant copyright for use with the image.

5.5 There shall be an official photoshoot to ensure that all items are presented consistent for the printed Catalogue, and all Lots must be with the Organisers by

20 February 2026 to ensure they can be photographed for inclusion in the printed Catalogue.

6.1 The Organisers will not cover the cost of reproducing prints or photographs which have been provided as Lots but which do not meet the specifications in clause 5.1.

6.2 All Art Lots should be framed, where applicable, and delivered to the Organisers between 16 and 20 February 2026 to allow for final cataloguing of the Lots ahead of the Event.

6.3 If the Donor does not have access to a framer, the Organisers recommend using Frame Emporium, 127 Pancras Road, London, NW1 1UN (Tel: 020 7387 6039).

6.4 Donors shall arrange for artwork to be sent directly to their selected framer and shall settle all framing costs directly with them.

6.5 All Art Lots, which require framing, must be with the recommended framer no later than 9 February 2026.

6.6 If the Donor needs a courier to send their art to the Framer, the Organisers recommend using PACK & SEND Spitalfields, 50 Adler Street, London, E1 1EE (Tel: 0207 096 9547).

6.7 Donors are required to liaise with the Organisers to ensure that the Organisers able to receive the Lot before arranging a courier.

6.8 Donors are required to arrange their selected courier for the collection of the art directly, and to settle all courier costs directly with them.

6.9 Where the Donor has sent a Lot to the Frame Emporium no later than 9 February 2026, the Organisers will arrange for collection, once the item has been framed and the costs have been settled by the Donor.

7.1 All other artistic works must be delivered to the Organisers between 16 and 20 February 2026 to allow for final cataloguing of the Lots ahead of the Event.

7.2 If the Donor needs a courier to send their other artistic works, the Organisers recommend using the courier named in clause 6.6.

7.3 Donors are required to arrange their selected courier for the collection of the other artistic works directly, and to settle all courier costs directly with them.

8.1 Donors of other items must ensure that all relevant terms (including any additional costs, validity periods, restrictions, conditions of use, and any blackout dates) are clearly provided when offering the Other items for inclusion at the Event.

8.2 Responsibility for supplying the Other items as described rests solely and exclusively with the Donor.

8.3 Details of the any Other items shall be sent to the winning bidder no later than five working days after the Event.

9.1 Donors are entitled to purchase or, in certain cases, receive complimentary tickets to the Event in accordance with the following structure:

9.1.1 Lots under £2,000 in value. Donors may purchase one ticket at £65 each.

9.1.2 Lots valued between £2,000 and £5,000 – One complimentary ticket, plus the option to purchase one additional ticket at £130.

9.1.3 Lots valued at £5,000 or above – Two complementary tickets, plus unlimited additional tickets available at £130 each.

9.2 Complimentary tickets are non-transferable and have no cash value.

10.1 In the event that a Lot does not sell, the Donor can:

10.1.1 arrange to collect their Lot from the Organiser’s Head Office, in person or via a courier. This must be arranged with the Organiser in advance, or

10.1.2 leave the Lot with the Organisers to be sold at another opportunity in agreement with the Donor, or

10.1.3 donate the Lot to the Organisers.

11.1 Once a Lot has been published in the Catalogue, the Donor may not withdraw or materially alter the Lot without the prior written consent of the Organisers.

11.2 In the event that a Lot cannot be fulfilled after being successfully bid on, the Donor shall immediately notify the Organisers.

11.3 Any disputes arising between the Donor and winning bidder shall be resolved directly between those parties. The Organisers accept no liability for any failure by the Donor to deliver the Lot.

12.1 The Organisers act solely as agent to the Donors.

12.2 The Organisers shall not be liable for any defects, faults, or deficiencies in relation to any Lot, nor for any death, injury, loss, or damage resulting from the use or enjoyment of any Lot.

12.3 Donors agree to indemnify and hold harmless the Organisers against all actions, proceedings, claims, losses, liabilities, damages, costs, and expenses arising from the description, promotion, sale, delivery, or use of any Lot.

12.4 Donors are responsible for ensuring their Lot is appropriately insured until it is collected by the winning bidder. The Organisers do not provide insurance cover for Lots while at any venue, framer, or during storage.

12.5 Donors warrants that the Lot is authentic, does not infringe any intellectual property rights, and is free from any export or licensing restrictions.

13.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.

13.2 Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13.3 Any complaints relating to the Event or the inclusion of a Lot for sale at the Event, should be raised via the Organisers’ Complaints Procedure, found at https://tht.org.uk/reporting-compliment-complaint-or-concern.

By providing a Lot for sale at the Event, the Donor confirms that they have read, understood, and agreed to these Terms and Conditions in full.

Approved 6 January 2026