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Terms for Sellers

TERMS FOR SELLERS

BACKGROUND:

These Terms for Sellers, together with any and all other documents referred to herein, set out the terms under which Users (“Sellers”) participate in Auctions on Our Site. Please read these Terms for Sellers carefully and ensure that you understand them before participating in an Auction. You will be required to read these Terms for Sellers. If you do not agree to comply with and be bound by these Terms for Sellers, you will not be able to participate in Auctions on Our Site. These Terms for Sellers, as well as any and all contracts are in the English language only.

1. Definitions and Interpretation
1.1 In these Terms for Sellers, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required to access and/or use certain areas of Our Site;
“Auction” means an auction that takes place on Our Site;
“Bidder” means a User who bids on an item in an Auction;
“Business” means “a person acting for purposes relating to that person’s trade, business, craft, or profession, whether acting personally or through another person acting on the trader’s behalf” (that is, as a “trader” is defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013);
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Listing” means a listing on Our Site advertising an item for sale in an Auction;
“Listing Fee” means a fee payable for submitting and/or renewing a Listing;
“Our Site” means this website, www.racebredauctions.com
“Payment Service” means the payment service provided by PayPal Payments Pro
“Payment Service Account” means an account for the holding of funds provided as part of the Payment Service and administered by the Third Party Payment Service Provider;
“Seller” means a User who offers an item for sale in an Auction;
“Third Party Payment Service Provider” means PayPal Payments Pro, a limited company registered in England under company number 05468033, whose registered address is 5 New Street Square, London, EC4A 3TW
“Transaction Fee” means a percentage fee applied to each sale made through an Auction;
“User” means a user of Our Site;
“User Content” means any Content added to Our Site by a User; and
“We/Us/Our” means RaceBred Ltd, a limited company registered in England under company number 10994479, whose registered address is

Kemp House
160 City Road
London
EC1V 2NX
UNITED KINGDOM

2. Information About Us
Our Site is [owned and] operated by RaceBred Ltd, a limited company registered in England under company number 10994479, whose registered address is

Kemp House
160 City Road
London
EC1V 2NX
UNITED KINGDOM.

3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We use all reasonable endeavours to ensure that Our Site is available and fully functional at all times, however, We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. If Our Site (or any part thereof) is made unavailable and interrupts an Auction in which you are the Seller, where reasonably possible and practical, We will restart the Auction. Subject to the foregoing and the remainder of these Terms for Sellers, We will not otherwise be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.4 Use of Our Site is also subject to Our Terms of Use and Terms for Bidders. Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions
You may only participate in an Auction if you are at least 18 years of age.

5. Auctions
5.1 Our Site is provided solely as an online venue for Bidders and Sellers to participate in Auctions. We are not a party to any transactions or other relationships between Bidders and Sellers. You hereby acknowledge and agree that:
5.1.1 Bidders are not making purchases from Us and are not entering into a contract with Us. A winning Bidder’s purchase is from you, and their contract is with you;
5.1.2 We will not be a party to any dispute between you and any Bidder or another Seller. Any claims must be made directly against the party concerned;
5.1.3 We do not pre-screen Sellers or any items that you advertise in Listings. We are not, therefore, in any way responsible for any items advertised or sold, or for the content of any Listings; and
5.1.4 While you are required to comply with these Terms for Sellers, which include provisions covering important matters such as payment methods, processing times, and delivery methods, We recognise that all Sellers are different and may not accept the same payment methods, process transactions within the same time frame, or offer the same delivery methods (or prices).
5.2 Once an Auction has begun, it will run for a pre-determined period of time. You may end the Auction at any time before the end of that period without any obligation to any Bidder and without the obligation to pay a Transaction Fee. Listing Fees remain applicable and cannot be refunded.
5.3 The starting price of an item can be changed at any time, including once an Auction has begun, provided that no Bidder has placed a bid. Prices cannot be changed once a bid has been made (unless all bids are withdrawn).
5.4 A Bidder may withdraw any bid made in an Auction at any point up until the Auction reaches the end of its predetermined and stated duration.

6. What Can and Cannot be Sold in an Auction on Our Site
6.1 The following are permitted in Auctions on Our Site:
6.1.1 Items that reasonably fit within our main category structure.
6.2 The following are not permitted in Auctions on Our Site:
6.2.1 Items that fall outside of our main category structure.
6.3 We reserve the right to remove any Listing that breaches the provisions of this Clause 6. If We do so, please note that Listing Fees are non-refundable. In addition, We may also suspend or terminate your Account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.

7. Descriptions Policy
When advertising an item for sale in an Auction, it is important that all descriptions of items are truthful and accurate, and that all visual representations are true representations of what you are offering (as far as is reasonably possible). You agree that all Listings submitted by you will comply with the following:
7.1 if an item is not new, it must not be described as such;
7.2 if an item is used, the description must give as much detail as is reasonably possible about the age of the item, its condition, and any damage or defects;
7.3 if an item is not original (i.e. it has been purchased from, or otherwise supplied by, another party), it must not be described as such;
7.4 you may only describe something as being made by you if that is truly the case. If any other party is involved, your Listing must state and describe their involvement;
7.5 photographs must be of what you are selling and not stock photographs, photographs from other Sellers or websites, drawings, renderings, or other representations;
7.6 your Listing must include delivery costs where it is possible to calculate them in advance, or reasonable estimates where it is not possible to calculate them in advance;
7.7 you must not use any Content that belongs to other parties in your Listings without their express permission (please refer to Clause 8 for more information on intellectual property rights);
7.8 your Listing must not advertise alternate locations from which your item can be purchased, thereby avoiding Our Transaction Fees;
7.9 you may not materially alter your Listing after an Auction has ended where such alterations result in a change to the description of an item or to its price.

8. Intellectual Property Rights
8.1 The provisions of Clause 6 of Our Terms of Use apply to all User Content submitted to Our Site, including any and all User Content in Listings.
8.2 Sellers must, at all times, respect the intellectual property rights of others (including, but not limited to, other Sellers) using Our Site. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
8.3 If you feel that another User (whether they are another Seller or a Bidder or otherwise) has infringed your intellectual property rights in any way, please contact Us using our contact form.
8.4 If another party contacts Us accusing you of infringing their intellectual property rights:
8.4.1 We will contact you to inform you of the complaint;
8.4.2 We may remove the User Content that is the subject of the complaint;
8.4.3 if you have questions regarding the complaint, or wish to challenge it, you must contact the complaining party. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and
8.4.4 you are free to resubmit the User Content in question if the complaint is resolved and you have the permission of the complaining party to do so (where it is required). We can neither permit nor deny such resubmission as We will not be a party to the dispute.

9. Seller Rules and Acceptable Usage Policy
9.1 When using Our Site and in particular when participating an Auction, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 9. Specifically:
9.1.1 you must ensure that you comply fully with all local, national, or international laws, and/or regulations (including but not limited to those which may apply to the item(s) you wish to sell);
9.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
9.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
9.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way;
9.1.5 you must always provide accurate, honest information about yourself and any and all items that you are selling on Our Site;
9.1.6 you must not charge excessively for delivery to winning Bidders;
9.1.7 you must not engage in any activity intended to avoid paying the applicable Transaction Fee;
9.1.8 you must not engage in any form of bidding manipulation; and
9.1.9 you must not use any personal details provided by a Bidder except for the purposes of fulfilling your obligations under these Terms for Sellers.
9.2 When using Our Site, you must not submit anything (including, but not limited to, material in a Listing) or otherwise do anything that:
9.2.1 is sexually explicit;
9.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
9.2.3 promotes violence;
9.2.4 promotes or assists in any form of unlawful activity;
9.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
9.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
9.2.7 is calculated or is otherwise likely to deceive;
9.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
9.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 9.2);
9.2.10 implies any form of affiliation with Us where none exists;
9.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or 9.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
9.3 We reserve the right to suspend or terminate your access to Our Site and/or your ability to participate in Auctions if you materially breach the provisions of this Clause 9 or any of the other provisions of these Terms for Sellers. Further actions We may take include, but are not limited to:
9.3.1 removing your Listing(s) from Our Site;
9.3.2 issuing you with a written warning;
9.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
9.3.4 further legal action against you as appropriate;
9.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
9.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
9.4 We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Terms for Sellers.

10. [Listing Fees and] Transaction Fees
10.1 Listing Fees are detailed on our fees page and are charged when submitting a new Listing and when renewing an existing Listing if an item has not sold in an Auction.
10.2 Listing Fees are payable whether or not an Auction results in a sale and cannot be refunded if you choose to end an Auction early.
10.3 A Transaction (Final Value fee) which is a % of the winning bid for each item sold will apply to each sale. Transaction Fees are calculated based only on the final price of an item, not on additional sums such as delivery charges. Transaction fees are detailed on our fees page.
10.4 Any and all actions designed to avoid the payment of any fees described in these Terms for Sellers (including, but not limited to those described in sub-Clauses 7.8 and 9.1.7) are strictly prohibited.

11. Payment Service
11.1 All Payments on Our Site are made through the Payment Service provided by PayPal Payments Pro, Our Third Party Payment Service Provider.
11.2 Your use of the Payment Service requires an account with the Third Party Payment Service Provider and will be subject to its own terms and conditions and privacy policy. You will be required to read and accept those terms and conditions and privacy policy before taking payments from Bidders.
11.3 By using the Payment Service, you acknowledge and agree to Us sharing your personal information and/or information about your transactions on Our Site with the Third Party Payment Service Provider.
11.4 The Payment Service works with the following payment methods:
11.4.1 PayPal balance, bank account, PayPal branded debit and credit cards, PayPal Credit, debit card, and credit card.
11.5 If We receive notice from the Third Party Payment Service Provider that your use of Our Site or the Payment Service is in breach of their terms or of any agreement between you and them, We may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use the Payment Service to make or accept payments on Our Site, and/or the suspension or termination of your Account on Our Site.
11.6 The Third Party Payment Service Provider reserves the right to refuse the use of the Payment Service to anyone, for any reason, and at any time.

12. Payments from Winning Bidders
12.1 All payments are processed using the Payment Service described above in Clause 11.
12.2 You may choose to allow winning Bidders to pay you using some or all of the payment methods listed above in sub-Clause 11.4.
12.3 When the winning Bidder pays for an item, their payment will be credited to your Payment Service Account.
12.4 If the winning Bidder does not pay, you may cancel the transaction. Please refer to Clause 18 for more information on your cancellation rights.
12.5 We will not make any Bidders’ payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to you at any time, or for any reason. All payment details are held securely and shared only with Our Third Party Payment Service Provider.

13. Payments to Us
13.1 We will send you a monthly statement and invoice by email at month end showing any and all amounts paid to Us over the month since your previous statement in addition to any and all amounts due to Us. Statements and invoices can also be viewed in your Account membership area.
13.2 Any and all sums due must be paid in full within 10 days of the date of Our invoice.
13.3 All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
13.4 We accept the following payment methods:
13.4.1 PayPal balance, bank account, PayPal branded debit and credit cards, PayPal Credit, debit card, and credit card.
13.5 If you do not make any payment due to Us on time, We will suspend any Listings you have on Our Site (and thus any Auctions currently underway) and may, in addition, suspend or terminate your Account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.
13.6 If you believe that We have charged you an incorrect amount, please contact Us at using our contact form as soon as reasonably possible to let Us know.

14. Taxes
14.1 It is your responsibility to collect and pay applicable taxes on any sales made through Our Site.
14.2 Where any tax, for example VAT, forms a part of the price of any item on Our Site, the tax must be included in the price of the item.
14.3 Value added tax (“VAT”) may be charged to winning Bidders on purchases and to Sellers on fees payable to Us.
14.4 If you are VAT registered, you may be required to charge VAT on the items that you sell on Our Site.
14.5 For further information on VAT and other taxes in your location, please contact your local tax authority.

15. Delivery
15.1 You must dispatch items as soon as is reasonably possible upon receipt of payment from a winning Bidder under Clause 12, taking into account the nature of the item in question and preparation time. Unless your Listing has stated otherwise, or unless the winning Bidder has agreed otherwise, you must dispatch items no later than 30 calendar days after the date on which the Auction ends.
15.2 You must ensure that you dispatch items to the correct address provided by the winning Bidder. It is your responsibility to ensure that the address that you use exactly matches that provided by the winning Bidder. If items dispatched do not reach the winning Bidder due to an incorrect address provided by the winning Bidder, it is their responsibility and not yours.
15.3 You are free to determine the delivery charges for your items; however, delivery charges must be reasonable, not excessive, and must genuinely reflect the actual cost to you of delivering the item in question to the winning Bidder.
15.4 You must provide an accurate ships-from address.
15.5 You are responsible for delivering items to winning Bidders upon receipt of payment. You may deliver items personally, arrange with the winning Bidder for them to collect the item, or use a postal or delivery service [of your choice] OR [agreed between you and the winning Bidder].
15.6 It is strongly recommended that you obtain proof of postage or dispatch when dispatching items. Such proof will be important in the event that a winning Bidder does not receive an item from you.
15.7 Once an item has been dispatched to a winning Bidder, you must inform them. Our Site enables you to do this. You must not describe an item as dispatched until it actually has been.
15.8 Our Site allows you to share tracking information obtained from a postal or delivery service with winning Bidders. By sharing such information, you are giving Us your permission to collect and use it to provide Our service, and to share it with the winning Bidder.
15.9 You must comply with any and all applicable shipping and customs regulations when delivering items to winning Bidders. It is your responsibility to check, be aware of, understand, and comply with all such regulations.

16. Consumers’ Rights to Cancel and Return Items
16.1 If you are selling as a Business, winning Bidders who are consumers (that is, not Businesses) based in the European Union may be entitled to a “cooling-off” period within which they may cancel their contract with you and return an item for any reason. If applicable, the cooling-off period ends 14 calendar days after the day on which the winning Bidder (or someone nominated by them) receives the item.
16.2 The cooling-off period does not apply in the following circumstances:
16.2.1 If you are selling as a private individual; or
16.2.2 If the item is sealed for health or hygiene reasons, and the winning Bidder has unsealed the item after receiving it; or
16.2.3 If the item consists of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software, and the winning Bidder has unsealed the item after receiving it; or
16.2.4 If the item is digital content and it has been downloaded or otherwise accessed by the winning Bidder; or
16.2.5 If the item is likely to deteriorate quickly, for example flowers or food; or
16.2.6 If the item has been personalised or made-to-order for the winning Bidder; or
16.2.7 If the item has been inseparably mixed with another item or other items (according to their nature) after the winning Bidder has received it.
16.3 If a winning Bidder exercises their right to cancel during the cooling-off period, they must inform you of that decision within the cooling-off period. The winning Bidder may do so in any way they wish.
Cancellation by email or by post is effective from the date on which the winning Bidder sends you their message. Please note that the cooling-off period lasts for whole calendar days. If, for example, the winning Bidder sends you an email or letter by 23:59:59 on the final day of the cooling-off period, their cancellation will be valid and must be accepted.
16.4 Items must be returned to you by the winning Bidder no more than 14 calendar days after the day on which they inform you that they wish to cancel. The winning Bidder will be responsible for the costs of returning items to you if they cancel under the cooling-off period.
16.5 When a winning Bidder cancels under the cooling-off period, you must issue a refund within 14 calendar days of the following:
16.5.1 The day on which you receive the item back; or
16.5.2 The day on which the winning Bidder informs you (supplying evidence) that they have sent the item back (if this is earlier than the day under sub-Clause 16.5.1); or
16.5.3 If you have not yet dispatched the item, the day on which the winning Bidder informs you that they wish to cancel.
16.6 You may make certain limited deductions from refunds under this Clause 16 as follows:
16.6.1 You may reduce a refund for any diminished value in an item resulting from the winning Bidder’s excessive handling of it (e.g. handling going beyond that which would be permitted in a shop); and/or 16.6.2 You are only required by law to reimburse standard delivery charges. If a winning Bidder has chosen a premium delivery method, you are only required to reimburse them for the equivalent of standard delivery.

17. Problems with Transactions and Bidders’ Rights
17.1 If you are selling as a Business, the items that you sell must be of satisfactory quality, fit for purpose, as described, in accordance with any pre-contract information that you provide to buyers, and that matches any samples or models that you have shown to buyers (unless you have made those buyers aware of any differences). If you are selling as a private individual, the items that you sell must only be as described.
17.2 If an item does not conform with the requirements outlined in sub-Clause 17.1, the winning Bidder must contact you as soon as reasonably possible to inform you of the problem. Depending on the nature of the problem, the following remedies will be available to the winning Bidder:
17.2.1 Beginning on the day that the winning Bidder receives the item, [if the item is goods,] the winning Bidder has a 30 calendar day right to reject it and to receive a full refund if it does not conform.
17.2.2 If the winning Bidder does not wish to reject the item, if the 30 calendar day rejection period does not apply, or if it has expired, the winning Bidder may request a repair or replacement. You must bear the costs and must carry out the repair or replacement within a reasonable time and without significant inconvenience to the winning Bidder. If either a repair or a replacement is impossible or disproportionately difficult, you may offer the winning Bidder the alternative option (i.e. a replacement instead of a repair or vice versa) or a full refund. If the winning Bidder requests a repair or replacement during the 30 calendar day rejection period, that period will be suspended while you carry out the repair or replacement and will resume on the day that the winning Bidder receives the replacement or repaired item. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
17.2.3 If, after a repair or replacement, the item still does not conform (or if you cannot repair or replace it, as described above, or if you have failed to act within a reasonable time or without significant inconvenience to the winning Bidder), the winning Bidder may have the right to keep the item at a reduced price, or to reject it in exchange for a refund.
17.3 If the winning Bidder exercises the final right to reject the item more than six months after receiving it, you may reduce any refund to reflect the use that the winning Bidder has had out of it.
17.4 Please note that winning Bidders will not be eligible to claim under this Clause 17 in the following circumstances:
17.4.1 you provide details of any fault(s), damage, or other problems with the item in your Listing, i.e. before the winning Bidder purchases it and it is because of that/those same issue(s) that the winning Bidder subsequently wishes to return the item;
17.4.2 the winning Bidder has purchased the item for an unsuitable purpose that is neither obvious nor made known to you and the problem has resulted from the winning Bidder’s use of the item for that purpose; or 17.4.3 the problem is the result of normal wear and tear, misuse, or intentional or careless damage on the part of the winning Bidder.
17.5 Refunds (whether full or partial, including reductions in price) under this Clause 17 must be issued within 14 calendar days of the day on which you agree that the winning Bidder is entitled to a refund.
17.6 Any and all refunds under this Clause 17 must include all delivery costs paid by the winning Bidder when the item was originally purchased on completion of the Auction.
17.7 Further information on legal rights can be obtained from your local Citizens Advice Bureau or Trading Standards Office.

18. Further Transaction Cancellation Rights
18.1 Transactions can be cancelled, with you issuing, where applicable, a full refund of any sums paid (including delivery charges) in the following circumstances:
18.1.1 You and the winning Bidder have mutually agreed to cancel the transaction before the item is dispatched;
18.1.2 You and the winning Bidder have mutually agreed to cancel the transaction following receipt by the winning Bidder of the item and the winning Bidder has returned the item to you;
18.1.3 The winning Bidder has not paid; or
18.1.4 You have chosen to refuse service to the winning Bidder.
18.2 Refunds must be made within 10 days of:
18.2.1 the date on which you and the winning Bidder agree the cancellation, under sub-Clauses 18.1.1 and 18.1.2; or
18.2.2 the date on which you inform the winning Bidder that you are cancelling the transaction, under sub-Clause 18.1.4.

19. Your Account Cancellation Rights
19.1 You may close your Account and cancel your agreement with Us by contacting us using our contact form our from within your account area.
19.2 Any outstanding sums due and payable to Us (including, but not limited to, [Listing Fees and] Transaction Fees) will remain payable by the original due date and your Account will not be fully closed until all sums due to Us have been paid.
19.3 If you have any active Listings and Auctions when you close your Account and cancel your agreement with Us, the Listing(s) will be removed from Our Site and the Auction(s) ended without a sale. You will remain bound to deliver any items to winning Bidders from Auctions that have completed, where the items have not yet been dispatched, upon receipt of payment from those winning Bidders. The rights of winning Bidders and your obligations to them described in these Terms for Sellers will be unaffected by your closure and cancellation. Your Account will not be fully closed until all pending transactions are complete.
19.4 If We have done something wrong, you may be entitled to cancel and receive a refund of certain sums paid for services that have not been provided to you. You may also be entitled to compensation. This may apply in the following circumstances:
19.4.1 We have breached these Terms for Sellers in a material way and fail to remedy the breach within 14 days of you asking Us to do so in writing; or
19.4.2 We go into liquidation or have a receiver or administrator appointed over Our assets; or
19.4.3 We change our service or these Terms for Sellers to your material disadvantage; or
19.4.4 We are adversely affected by an event outside of Our control that continues for more than 10 days (as under sub-Clause 21.2.5).

20. Our Liability to You
20.1 As stated in Clause 5, We are not a party to any transactions, other relationships, or disputes between Bidders and Sellers.
20.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms for Sellers or as a result of Our negligence.
20.3 Subject to sub-Clause 20.2, to the fullest extent permissible by law, We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
20.4 Nothing in these Terms for Sellers seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
20.5 Nothing in these Terms for Sellers seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

21. Events Outside of Our Control (Force Majeure)
21.1 We will not be liable for any failure or delay in performing Our obligations to you where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
21.2 If any event described under this Clause 21 occurs that is likely to adversely affect Our performance of any of Our obligations to you:
21.2.1 We will inform you as soon as is reasonably possible;
21.2.2 Our obligations under these Terms for Sellers will be suspended and any time limits that We may be bound by will be extended accordingly;
21.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of services as necessary;
21.2.4 If the event outside of Our control continues for more than 10 days We may temporarily take the site down and suspend all auction activity;
21.2.5 If the event outside of Our control occurs and continues for more than 10 days and you wish to exercise your right to cancel under sub-Clause 19.4.4, you may do so by contacting us using our contact form.
21.2.6 Any refunds due to you as a result of your cancellation under sub-Clause 21.2.5 will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after your Account is cancelled.

22. Communication and Contact Details
22.1 If you wish to contact Us with general questions or complaints, you may contact Us by email by using our contact form.
22.2 For matters relating to Our Site including, but not limited to, these Terms for Sellers, Auctions, transactions, Bidders, and other Sellers, please contact Us using our contact form.
22.3 For matters relating to cancellations, please contact Us by using our contact form.

23. How We Use Your Personal Information (Data Protection)
23.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
23.2 We may use your personal information to:
23.2.1 Provide Our services (including, but not limited to, Listings and Auctions) to you;
23.2.2 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time;
23.3 Subject to sub-Clause 11.3, We will not pass on your personal information to any third parties [without first obtaining your express permission].

24. Other Important Terms
24.1 We may transfer (assign) Our obligations and rights under these Terms for Sellers to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.
Your rights under these Terms for Sellers will not be affected and Our obligations under these Terms for Sellers will be transferred to the third party who will remain bound by them.
24.2 You may not transfer (assign) your obligations and rights under these Terms for Sellers without Our express written permission.
24.3 If any of the provisions of these Terms for Sellers are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms for Sellers. The remainder of these Terms for Sellers shall be valid and enforceable.
24.4 No failure or delay by Us in exercising any of Our rights under these Terms for Sellers means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms for Sellers means that We will waive any subsequent breach of the same or any other provision.
24.5 We may revise these Terms for Sellers from time to time in response to changes in relevant laws and other regulatory requirements. If any changes to these Terms for Sellers are to your material disadvantage, you may cancel as set out in sub-Clause 19.4.3.

25. Law and Jurisdiction
25.1 These Terms for Sellers, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
25.2 If you are a consumer, any disputes concerning these Terms for Sellers, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
25.3 If you are a business, any disputes concerning these Terms for Sellers, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.