RAW2K LIMITED
The Bidder's attention is drawn in particular to the following clauses:
The Bidder should not place any Bid for a Vehicle unless they have read, understood and accept these Terms, in particular but not limited to the terms set out above which are of fundamental importance to the Contract.
1.1. We are RAW2K LIMITED trading as RAW2K Online Car & Salvage Vehicle Auctions, a limited company registered in England and Wales under registration number 04304063. Our registered office address is Grove House 1st Floor, 55 Lowlands Road, Harrow, England, HA1 3AW ("RAW2K").
1.2. Please direct all enquires to RAW2K Limited using the details set out below:
1.3. RAW2K Online Car & Salvage Vehicle Auctions, Longridge Road, Ribbleton, Preston, PR2 5BX.
2.1. The following definitions apply in these Terms:
"ABI Categorisation" the Association of British Insurer's categorisation of motorised vehicle salvage from time to time;
"Account" a registered user account created on the Website;
"Applicable Laws" all applicable laws, statutes, regulations and codes from time to time in force including but not limited to health and safety legislation and statutory codes in respect of a Lot;
"Auction" an online sale conducted via the Website whereby Lots are offered for sale by auction to registered Account holders;
"Bid" has the meaning given in clause 5.3;
"Bidder" a person who places a Bid for a Lot;
"Business Days" a day, other than a Saturday or Sunday or public holiday in England, when RAW2K is open for business;
"Buyer" the Bidder who places the highest Bid at completion of an Auction and, on formation of the Contract, purchases a Lot;
"Buyer's Premium" a percentage of the winning price as specified in the Salient Details;
"Category B Vehicle" a vehicle with extensive damage and which cannot be repaired for road use, but some parts may be salvageable;
"CCRs" the Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013;
"Consumer" an individual who is acting for the purposes which are wholly or mainly outside of the individual's trade, business, craft or profession;
"Contract" has the meaning given in clause 5.6
"IPRs" all patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including knowhow) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
"Invoice" the invoice sent to a Buyer by RAW2k. The invoice shall include reference to the Lot purchased by the Buyer, the total sum due under that invoice, payment instructions and any other relevant details regarding the purchase.
"Lot Description" the description of the Vehicle for Auction on the Website which may include but shall not be limited to details of the Vehicle's condition, age, registration, ABI Categorisation, engine size, fuel, transmission, CO2 rating, number of former keepers, indicated mileage and MOT expiry date.
"Lot" any single Vehicle or set of Vehicles allocated with a specific lot number in a particular Auction.
"Key Characteristics" the key characteristics of the Vehicle for Auction on the Website that sets out: whether the Vehicle has keys; whether the Vehicle is automatic or manual; whether the Vehicle starts.
"Non-Consumer" a Buyer who is acting other than as a Consumer.
"Premises" the location where the individual Vehicles and/or Lots under the control of RAW2K are stored (which may be at RAW2K's premises or at the Seller's premises or somewhere else entirely) the full and complete address as set out in the Release Note.
"Price" has the meaning given in clause 11.1.
"Release Note" the release note sent to the Buyer in accordance with clause 11.5which sets out amongst other things, Vehicle details, collection details (including the date and precise collection location for a Lot), Buyer details, details of payment and collection requirements.
"Reserve Price" the minimum price at which the Seller is willing to sell a Lot at Auction, as specified in the Salient Details.
"Salient Details" the details on the Website relating to the Auction of the Lot which sets out: the date and time the Auction shall begin and end; the opening price of the Auction and any Reserve Price; price increment for Bids: payment information; any Buyer's Premium applicable; rough location of where the Vehicle may be stored; reference number of the Lot.
"Seller" means the third party seller of a Lot.
"Terms" the terms and conditions herein.
"Vehicle" any kind of internal combustion engine powered vehicle, electric powered vehicle, motor car, motorcycle, trailer, and/or motorised caravan and any other category of vehicle which may comprise a Lot offered for Auction.
"Waste Carrier Licence" a waste carrier licence issued by the Environment Agency.
"Website" https://www.raw2k.co.uk/
"Winning Bid Price" the highest Bid placed (exclusive of VAT) in respect of a Lot which is accepted by RAW2K.
3.1. RAW2K acts as agent for Sellers by facilitating the sale of Lots between Sellers and Buyers. RAW2K shall have no responsibility for the actions or the omissions of the Seller, the Buyer or any other party.
3.2. These Terms apply to all access to and use of the Website, and to all Auctions, listings and sales of Lots facilitated through the Website. These Terms are binding on the Bidder from the date the Bidder completes Registration on the Website.
3.3. RAW2K reserves the right to amend, revise, update or replace these Terms (in whole or in part) from time to time to reflect:
3.4. Any amendment, revision, update or replacement of these Terms pursuant to clause 3.3 shall be effective immediately provided that it shall not affect any Contract already concluded under clause 5.6.
3.5. RAW2K may in its sole discretion and at any time, suspend, withdraw, discontinue or modify the Website without prior notice for example, to carry out maintenance or updates, improve functionality or security or to comply with legal and/or regulatory requirements. RAW2K shall not be liable to any Buyer, Bidder, Website user or otherwise for any loss, damage, costs or inconvenience arising directly or indirectly from any temporary or permanent suspension of the Website.
4.1. Before a Bidder can participate in an Auction, the Bidder must first complete registration with RAW2K on the Website. Registration requires accurate and up to date information of the Bidder. This will may include, without limitation, proof of identity and address (such as a valid passport, driving licence and utility bill), and any other documentation RAW2K may reasonably require. RAW2K will conduct such verification checks as it considers appropriate in order to confirm the Bidder's identity, authority and eligibility to open an Account on the Website. No individual will be permitted to open an Account on the Website until RAW2K has completed its verification procedures to its satisfaction. RAW2K reserves the right at its sole discretion to refuse ay application for registration or to request additional information or documentation at any time.
4.2. Subject to your application for initial registration being successful a registration fee will be due in order to place a bid on any lot. This is a one-time registration fee which will be active for the duration of the account. We reserve the right to increase our subscription fee at any time without notice, though we will place such information on our site. Your use of our site or Services thereafter will be deemed to be your express acceptance and/or acceptance by conduct of such fee increases
4.3. Bidders warrant that they are placing a Bid on their own behalf only. Bidding on behalf of a third party, or as principal for the ultimate benefit of a third party is prohibited, and RAW2K reserves the right to cancel any Bid in the event that it suspects that a Bidder is placing a Bid in contravention of this clause.
4.4. Where the holder of an Account is not a Consumer, the individual who created the Account is responsible for designating individuals authorised access to the Account ("Authorised Representatives"). Any Bid or action taken through the Account by an Authorised Representative will be deemed to have been made by the applicable entity and that entity will be bound by that action.
4.5. The Bidder represents and warrants that:
4.6. If the Buyer commits a breach of any these Terms, RAW2K reserves the right to reject any Bids, offers or otherwise made by the Buyer, to cancel any Contract formed, and to refuse entry into any future Auctions or sales and/or to close and the Buyer’s Account without further reference to the Buyer.
4.7. RAW2K may in its sole discretion and at any time:
5.1. All Auctions are online-only actions and prospective Buyers and Bidders are not able to inspect Lots in person prior to Bidding or when an Auction is live on the Website. The Bidder is responsible for reviewing the Lot Description, Key Characteristics and Salient Details and satisfying itself of those and of these Terms before making its own assessment as to whether to place a Bid.
5.2. Where RAW2K indicates that it is prepared to sell a Lot by Auction, such indication shall constitute an invitation to treat and not an offer to sell.
5.3. A Bidder can place a Bid on the Website by logging into their Account, selecting the applicable Lot and clicking the "Bid" button for the Lot.
5.4. Each Bid shall be final and binding as soon as the "Bid" button is clicked by the Bidder. By submitting a Bid for the Lot, the Bidder makes an offer to RAW2K to purchase the Lot on these Terms.
5.5. Neither RAW2K nor the Seller shall be bound to accept any offer for a Lot.
5.6. The Buyer shall be the highest Bidder at or above any Reserve Price at the conclusion of an Auction. The conclusion of an Auction shall be the time set out in the Salient Details. At the conclusion of an Auction and where the sale is confirmed by RAW2K by way of email confirmation to the Buyer, a contract for the sale and purchase of the Lot on these Terms shall come into existence between the Seller and the relevant Bidder who is then the Buyer ("Contract"). This is subject always to RAW2K's right to reject Bids and to alter or withdraw a Lot from an Auction under clause 4.6.3 and clause 4.6.5 and subject to the Seller and RAW2K's rights to terminate the Contract under clause 16.
5.7. Where there is a Reserve Price for a Lot and that Reserve Price is not met, RAW2K shall be entitled in its sole discretion to accept any Bid received which is below the Reserve Price, in which case the Buyer shall be the person who submitted that Bid.
6.1. Where a Buyer is a Consumer, the Contract entered into constitutes a distance contract under the Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013 ("CCRs").
6.2. A Consumer benefits from certain rights and protections provided under:
6.3. A Consumer has the legal right to cancel a Contract within 14 days after the day on which they take physical possession of a Lot ("Cooling Off Period").
6.4. In order to exercise the right to cancel a Contract, the Buyer must provide RAW2K with a clear statement that it wishes to cancel the Contract. This can be done by email or by post. The Buyer may cancel the Contract by using the model cancellation form as set out at Appendix 1 of these Terms and returning it to RAW2K (but is not obliged to do so). The clear statement to cancel the Contract should be sent to RAW2K using the contact details set out at clause 1.3 and this statement must be sent to RAW2K by no later than the expiry of the Cooling Off Period.
6.5. On cancellation of the Contract the Buyer shall return the Lot to RAW2K (and pay all associated costs to return the Lot) without undue delay and in any event not later than 14 days after the day on which the Buyer notified RAW2K of the cancellation of the Contract. The return of the Lot to RAW2K shall be at the Buyer’s sole cost and expense. If the Buyer fails to return the Lot within 14 days after the day on which the Buyer notified RAW2K of the cancellation of the Contract, RAW2K may make a charge for the cost of recovering the Lot from the Buyer and RAW2K may deduct these charges from any sum that RAW2K reimburses to the Buyer.
6.6. RAW2K shall reimburse the Buyer all payments received from the Buyer (subject to any deductions where clauses 6.5 or 6.7 apply) without undue delay and in any event within 14 days after RAW2K received the Lot back or, if earlier, 14 days after the day on which the Buyer provides evidence that the Lot has been sent back.
6.7. If the value of the Lot is diminished because of the Buyer handling the Lot beyond what is necessary to establish the nature, characteristics and functioning of the Lot, RAW2k shall be entitled to recover that amount from the Buyer and RAW2K may deduct it from the reimbursement provided for under clause 6.6 of these Terms.
6.8. Where the Buyer is not a Consumer, it acknowledges that it has no right to cancel a Contract and/or return a Lot for a refund.
7.1. The Buyer acknowledges and agrees that:
7.2. In the event that RAW2K (or any of its representatives) provide an estimated Winning Bid Price for a Lot, any such estimate should not be relied upon as the true value or the likely Winning Bid Price for the Lot. The Buyer acknowledges that a Lot could be sold for much more or much less than any estimated Winning Bid Price. Any estimate as to the Winning Bid Price is exclusive of any applicable Buyer's Premium, VAT and/or other costs related to the sale and purchase of a Lot.
7.3. RAW2K and the Seller shall not be liable for any loss, damage, or otherwise suffered or incurred by a Buyer arising out of or in connection with any error in the Lot Description, Salient Details or Key Characteristics, any misstatement or the failure of a Vehicle to function (except where arising from RAW2K's or the Seller's negligence).
8.1. The Buyer acknowledges and agrees that Vehicles may not be roadworthy safe and/or comply with the relevant health and safety legislation at the time of sale and may require specialist handling or treatment during the physical transfer to the Buyer and prior to the Vehicle's use. The Buyer undertakes that it will relieve RAW2K and the Seller of any duties pursuant to the Health and Safety at Work Act 1974 in respect of any Vehicle.
8.2. It is the Buyer's sole responsibility to ensure that it understands and complies at all times with Applicable Laws in respect of the ownership, use and handling of the contents of any Lot. The Buyer must satisfy itself as to the condition, safety and legality of the contents of a Lot prior to purchase.
8.3. RAW2K shall be entitled to request that the Buyer provides RAW2K with written undertakings that the Buyer will comply with all duties and obligations in respect of the Vehicle imposed by the Road Traffic Act 1972, Health and Safety at Work Act 1974 and any subsequent modification or re-enactment of either Act by any other legislation affecting the use of the Vehicle. The Buyer acknowledges and agrees that RAW2K may cancel the Contract if the Buyer fails to provide such an undertaking upon request.
9.1. Where available, information regarding a Vehicle's ABI Categorisation may be set out in a Lot Description. The Buyer acknowledges and agrees that such information is supplied in good faith but may be based on information available at the time of the Lot Description's publication and is subject to change thereafter. Neither RAW2K or the Seller give any warranty or guarantee as to the completeness, accuracy or continued validity of the Lot Description including but not limited to any insurance loss, salvage, or ABI Categorisation details provided.
9.2. Buyers acknowledge and agree that any ABI Categorisation applied to a Vehicle may be subject to revision or amendment after the date a Vehicle is listed for auction. Neither RAW2K or the Seller accept any liability for any subsequent change in status or for any reliance placed on information which may later be updated or corrected by third parties.
9.3. It is the Buyer's responsibility to carry out their own independent vehicle history and provenance checks prior to purchase or Bidding (including but not limited to any HPI checks and Experian checks). RAW2K and the Seller shall have no liability to the Buyer for any changes in results from any HBI checks, Experian vehicle checks or otherwise).
9.4. Category B Vehicles (for purchase by Non-Consumers only)
10.1. RAW2K gives no warranty as to the Seller's title to the Lot.
10.2. Consumers acknowledge and agree that in respect of clause 10.1, where it later turns out that a Seller did not have good title to all or part of a Lot purchased at Auction, this may mean that the Buyer does not become the legal owner of the Lot. In these circumstances, this could mean that the true legal owner (such as a finance company or previous owner) could attempt to reclaim the Lot and the Buyer may need to return the Lot. In such circumstances, the Buyer's only recourse would be to pursue a claim or remedy directly against the Seller.
10.3. In the event a Buyer reasonably believes there to be a defect in title to a Lot (including without limitation where a third party claims ownership of a Vehicle or an outstanding finance interest exists), a Buyer must pursue the matter directly with the Seller. RAW2K will use its reasonable endeavours to assist the Buyer by disclosing the Seller's identity and contact details to facilitate direct contact between the Buyer and the Seller.
10.4. Where RAW2K is itself the owner and Seller of a Lot, RAW2K warrants that at the time when title to the Lot passes to the Buyer in accordance with clause 10.5:
10.5. Title to the Lot shall pass to the Buyer only once RAW2K has received payment in full from the Buyer for all sums due to RAW2K and the Seller (where applicable). Unless expressly set out within the Lot Description, title to any IPRs which may subsist in the Lot shall not transfer to the Buyer.
10.6. The Seller (and RAW2K as agent on behalf of the Seller) will sell whatever right, title or interest the Seller may have (if any) to the Lot. Neither RAW2K nor the Seller warrant that the Lot is free from encumbrances. Consumers are strongly advised to read and consider clause 10.2 prior to Bidding on a Lot.
10.7. Where the Buyer is not a Consumer, risk in the Lot shall pass to the Buyer from the date the Contract is formed under clause 5.6. From the point in time that RAW2K provides written notification of a successful Bid to the Buyer, the Buyer will be responsible for all loss, damage or otherwise to the contents of the Lot. The Buyer acknowledges and agrees that RAW2K shall not be responsible for any loss, damage or otherwise caused while any contents of a Lot remains in its custody or under its control after the Contract is formed.
10.8. Where the Buyer is a Consumer, risk in the Lot shall pass to the Buyer on collection of the Lot by the Buyer under clause 12 (Collection of a Lot).
10.9. The Buyer (including Consumers) acknowledges and agrees that it is its sole responsibility to obtain adequate insurance for the Lot from the time that risk passes to the Buyer. RAW2K and the Seller shall have no liability for the loss, theft, damage or otherwise to the Lot after this time.
11.1. The price payable by the Buyer for the Lot shall be in British Pounds Sterling and shall comprise of:
(together the "Price").
11.2. Following the end of an auction, the Buyer will receive an Invoice for the Price and the Buyer shall pay the full amount of the Invoice within 2 Business Days from the date of the Invoice. Payment must be made in British Pound Sterling (GBP).
11.3. Time for payment by the Buyer is of the essence. RAW2K shall be under no obligation to release the Lot to the Buyer until it has received full payment of an Invoice.
11.4. When making payment of an Invoice, the Buyer must specify the Invoice number together with any reference number specified in the Salient Details (where applicable).
11.5. After the Buyer makes payment of an Invoice, the Buyer will receive a Release Note by email. The Buyer must bring this Release Note when collecting the Vehicle from the Premises.
11.6. All amounts due from the Buyer pursuant to these Terms shall be paid in full without set-off, withholding or deduction.
11.7. If the Buyer fails to pay any amounts due to RAW2K by the due date for payment, without prejudice to any other right or remedy that RAW2K may have, the Buyer shall pay interest on any overdue sums from the due date for payment whether before or after judgement. Interest under this clause 11.7 shall accrue each day at 3% above the base rate of the Bank of England from time to time if the Buyer is a Consumer or at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 if the Buyer is not a Consumer. The Buyer must pay the interest together with any overdue amount on demand.
12.1. RAW2K shall not be obliged to release the contents of any Lot to a third party without appropriate authority. RAW2K shall release the contents of a Lot to the Buyer or its authorised agent only. Prior to the release of a Lot to a Buyer or its authorised agent, RAW2K may require (and the Buyer shall provide) written authority from the Buyer that its agent is authorised to collect the Lot from the Premises on the Buyer's behalf.
12.2. The Buyer or its authorised agent shall, at its own expense and risk, attend the Premises at the date and time confirmed to the Buyer in the Release Note to collect all items comprising the Lot and bring the Release Note.
12.3. The Buyer acknowledges and agrees that Vehicles for collection must not under any circumstances be driven away from the Premises under their own power and the Buyer must arrange for a Vehicle to be collected using a suitable and legally compliant recovery vehicle. No Vehicle may be started, moved or operated on the Premises.
12.4. The Buyer shall be solely responsible for:
12.5. Inspection. Upon the Buyer or its authorised agent attending the Premises, producing the Release Note to RAW2K and complying with clause 12.4, RAW2K shall allow the Buyer to load the Vehicle onto the Buyer's recovery vehicle to inspect the Vehicle against the Key Characteristics. The Buyer shall be responsible for carrying out such inspection as they consider necessary and appropriate.
12.6. Signature on Release Note. Before RAW2K releases a Vehicle from the Premises to the Buyer or its authorised agent, the Buyer or its authorised agent shall sign the Release Note to confirm that:
12.7. Non-Consumer Buyers. Where the Buyer is not a Consumer, the Non-Consumer Buyer confirms that:
12.8. It acknowledges and agrees that any right to claim damages or losses shall be strictly limited to claims of fraud or fraudulent misrepresentation.RAW2K may not release a Vehicle to a Buyer or its authorised agent, until the Buyer or its authorised agent has:
12.9. RAW2K may in its absolute discretion refuse to release a Vehicle until such requirements set out at clause 12.8 have been completed to RAW2K's satisfaction. RAW2K shall not be liable for any delay, cost, loss or otherwise arising from the Buyer's failure to comply with these requirements.
12.10. The Buyer undertakes that it shall not use a Vehicle on a public road or remove it from the Premises under its own power until it is fully roadworthy, can be used lawfully on a public road, and has all necessary insurances, certificates, permits and other authorisations necessary.
12.11. The Buyer shall indemnify and keep indemnified RAW2K and the Seller against any and all liabilities, costs, claims, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and any and all other reasonable professional costs and expenses) suffered, incurred or paid by RAW2K and/or the Seller arising out of or in connection with the collection of, or failure to collect any Lot by the Buyer, its representatives, agents, or contractors.
13.1. If the Buyer fails to pay any of the amounts due under the Contract on the due date for payment, without prejudice to any other right or remedy that the RAW2K and/or the Seller may have under these Terms or at law, RAW2K and/or the Seller may do any number of the following:
14.1. If the Buyer fails to collect the contents of a Lot from the Premises or attempts to collect the contents of a Lot after 3 Business Days following the confirmed date for collection as set out in the Release Note or otherwise confirmed by RAW2K in writing; or where a Buyer fails to provide any information or documentation required under clause 9.4 in relation to Category B Vehicles or fails to provide any information or documentation as set out at clause 12.8, without prejudice to any other right or remedy that the Seller and/or RAW2K may have under these Terms or at Law, RAW2K and/or the Seller may do any number of the following:
14.2. Where RAW2K and/or the Seller decides in its sole discretion to re-auction a Lot pursuant to these Terms, the proceeds of such resale will be applied as follows:
(plus any VAT chargeable).
14.3. In all cases the defaulting Buyer is liable to pay to RAW2K any resulting deficiency in the purchase price achieved at the first Auction after deduction of any part payment and addition of the resale costs listed in this clause.
15.1. Any use by the Buyer of the Lot shall be subject to the terms of any existing licence or other IPRs in and to such Lot.
15.2. All IPRs in and to the Website and the Lot Description and any advertising materials, catalogues or brochures issued by RAW2K and any photographs, illustrations or other images of the Lot are and shall remain the property of the RAW2K and/ or the Seller or their licensors. The Buyer shall not copy, reproduce, alter, adapt, modify or translate such IPRs in whole or in part for any purpose.
16.1. The Seller and/or RAW2K may terminate the Contract without liability to the Buyer and without prejudice to any other right or remedy that the Seller and/or RAW2K may have pursuant to these Terms or at law, where:
16.2. Where the Contract is terminated under clause 16.1.3 or 16.1.4, without prejudice to any other rights or remedies of the Seller and/or RAW2K pursuant to these Terms or at Law:
17.1. This clause 17 applies where the Buyer is a Consumer.
17.2. Nothing in these Terms affects any rights of a Buyer against a Seller. Where clause 10.3 applies, RAW2K will use its reasonable endeavours to assist the Buyer by disclosing the Seller's identity and contact details to facilitate direct contact between the Buyer and the Seller.
17.3. Nothing in these Terms affects or limits any rights the Buyer may have under the Consumer Rights Act 2015, the CCRs, or any other applicable consumer protection legislation and nothing in these Terms shall limit or exclude the liability of RAW2K or those third parties connected to RAW2K for:
17.4. If RAW2K fails to comply with these Terms, RAW2K shall be responsible for loss or damage the Bidder or the Buyer (as applicable) suffers that is a foreseeable result of its or their breach of these Terms or its or their negligence, but no party referred to in clause 17.3 is responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of the breach or if it was contemplated by the parties to the Contract at the time the Contract was entered into.
18.1. This clause 18 applies where the Buyer is not a Consumer.
18.2. Nothing in these Terms shall limit or exclude the liability of RAW2K for:
18.3. Subject to clause 18.2, all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, including without limitation the terms implied by section 13 to 15 of the Sale of Goods Act 1979 are expressly excluded to the fullest extent permitted by law.
18.4. Subject to clause 18.2 and clause 18.3, the liability of RAW2K for loss incurred or suffered by any Bidder, Buyer or any other person arising out of or in connection with the Contract or the Lot, shall be limited to the greater of:
18.5. Subject to clause 18.2, RAW2K shall under no circumstances whatsoever be liable to any Bidder or the Buyer or any other person, under or in connection with the Contract or a Lot, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, or otherwise, for any:
19.1. In the event of any dispute, claim or complaint arising out of or in connection with the sale of a Lot (a "Dispute"), the Buyer must first notify RAW2K by post or by email to greivences@raw2k.com, setting out full details of the issue and any supporting evidence.
19.2. RAW2K will endeavour to acknowledge receipt of the notice and will, where appropriate, liaise with the Buyer and Seller to attempt to resolve the matter within 30 days of the Buyer's notification.
19.3. Buyers shall not commence or threaten any legal proceedings against RAW2K or the Seller until the earlier of:
19.4. If the Dispute cannot be resolved through the process set out above, the parties agree to attempt resolution through mediation before resorting to court or arbitration.
19.5. Mediation shall be conducted in accordance with the CEDR Model Mediation procedure by a mediator appointed by agreement between the parties.
19.6. Unless otherwise agreed, the costs of mediation shall be shared equally between the parties, save that each party shall bear its own legal and other costs of preparation and participation. Participation in mediation shall be a condition precedent to the commencement of any court or arbitration proceedings, except in cases of non-payment or fraud.
19.7. If the Buyer is a Consumer, nothing in this clause 19 limits or affects the Buyer's statutory rights to bring proceedings in the courts of the part of the United Kingdom in which they live, nor their right to refer Dispute to an alternative dispute resolution provider.
20.1. Personal data that is processed by RAW2K in relation to the Contract shall be processed by RAW2K in accordance with its Privacy Policy.
21.1. Force Majeure: RAW2K shall not be liable to the Buyer for any delay or failure in the performance of its or their obligations under the Contract caused by factors beyond its or their reasonable control including (without limitation):
21.1.1. In such circumstances, RAW2K shall notify the Buyer and take reasonable steps to minimise any delay. The time for performance by RAW2K and/or the Seller shall be deemed to be extended for the period that any of the above continues.
21.1.2. If the Buyer is a Consumer and there is a substantial delay or failure in the performance of RAW2K or the Sellers' obligations under the Contract, the Buyer may terminate the Contract and receive a refund.
21.2. Variation: Except as set out in these Terms, no other variation of these Terms, including the introduction of any additional terms and conditions, shall be effective unless agreed in writing signed by RAW2K.
21.3. Waiver: A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed to be a waiver of any subsequent right or remedy. A failure or delay by RAW2K to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
21.4. Severance: If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it will be deemed deleted, but that will not affect the validity and enforceability of the rest of these Terms.
21.5. Third Party rights: Except as provided for in this clause 21.5 these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms. A Seller of a Lot shall have the right to enforce any provision of these Terms that expressly or by implication confers a benefit on a Seller including without limitation any provision relating to a Buyer's payment obligations and limitation of the Seller's liability.
21.6. Entire Agreement: The Contract constitutes the entire agreement between the parties and supersedes all prior representations, agreements, negotiations and understandings between the parties. The Buyer acknowledges and agrees that it has not relied on any statement made or given by, or on behalf of, RAW2K which is not set out in these Terms.
21.7. Governing Law and Jurisdiction: These Terms, the Contract, the sale of any Lot and disputes and/or claims arising out of them shall be governed and construed in English law and RAW2K, the Seller and the Buyer all agree to the exclusive jurisdiction of the English courts to resolve any such disputes.