TnC

terms and conditions
1. Preliminary

The Site is hosted by raiseUK.com Limited, which also acts as agent of the Seller in relation to the sale of the Lot. Participation in an auction and use of the Site are subject to acceptance of the Conditions. Only persons who are 18 years old or older may participate in an auction using the Site. The rights are reserved to exclude any person from an auction at any time and to amend the Conditions without giving notice.

2. Definitions

In the Conditions the following words have the following meanings:
"Administrator" the person so designated on the Site as representing the School

"Bidder" each person who seeks to buy the relevant Lot

"Buyer" the Bidder having made the highest bid for the Lot
"Commission" has the meaning given in clause 8.3

"Conditions" these terms and conditions (as amended from time to time)

"Gift Aid" the mechanism of donating money to charities set out in Section 25, Finance Act 1990 (as amended)

"Lot" the product or service offered for sale by auction on the Site (including two or more offered as one lot)

"Purchase Price" the highest price bid for a Lot

"raiseUK" raiseUK.com Limited

"School" the school for whose benefit a particular auction is conducted using the Site and/or (if applicable) those persons connected to that school and involved in such auction.

"Seller" in relation to any Lot the person who offers the Lot for sale

"Site" the site at www.raiseUK.com

"Transaction Costs" the cost of processing credit or debit card transactions where the Buyer pays by credit or debit card.

3. Sale by auction

3.1 The Seller sells the Lot as principal but authorises raiseUK as agent on the Seller's behalf to sell the Lot at auction on the Site.

3.2 The Buyer will be deemed to act as principal but if nevertheless acting as agent will be jointly and severally liable with the principal under the contract resulting from acceptance of the Buyer's bid.

3.3 RaiseUK has complete discretion as to how the sale of the Lot at the relevant auction is conducted. Auctions may be cancelled, closed early or extended at any time. RaiseUK may decide not to sell any Lot for any reason.

3.4 All Lots will be sold without a reserve (being a minimum price placed upon a Lot by the Seller) unless a reserve has been notified to raiseUK before the relevant auction.

3.5 The placement of a bid by a Bidder constitutes a binding offer to purchase the Lot under auction.

3.6 A contract for the sale of the Lot is made with the Buyer on conclusion of the sale of the Lot by auction on the Site.

3.7 Title to the Lot will pass to the Buyer on payment of the Purchase Price to the School or raiseUK.

3.8 Each Lot is offered for sale "as is" without any warranty or representation save that the Seller sells the Lot with full title guarantee free from all liens, charges, encumbrances and third party claims.

3.9 Arrangements for the delivery/collection of the Lot and any expenses relating thereto shall be as indicated on the Site by the Seller or as otherwise agreed between the Seller and the Buyer.

3.10 If the Lot is unsold it remains the property of the Seller and the Seller shall have sole responsibility for it.

3.11 Neither the Seller nor any person on behalf of the Seller may bid for any Lot.

4. Undertakings of raiseUK

4.1 RaiseUK undertakes to the Seller to use its reasonable endeavours:

4.1.1 to enter the Lot in the appropriate sale by auction;

4.1.2 to avoid any conflict of interest on its part in relation to the sale of the Lot (other than its entitlement to the Commission);

4.1.3 to pay the Purchase Price less Transaction costs and Commission (plus VAT thereon) to the School as provided for in clause 8.1 (subject to raiseUK having received the Purchase Price from the Buyer) except if the Seller retains the same pursuant to clause 9.2.

4.2 RaiseUK undertakes to use all reasonable endeavours to protect the privacy of information supplied to it in confidence and will store personal data securely and will not share it with any person other than the School and third parties providing services to allow us to process transactions or communicate with you (and only then on the basis they keep the same confidential and use it only to provide the relevant services from the Internet not being a completely secure medium for communication.

5. Undertakings of the Seller

5.1 The Seller undertakes to the Buyer that the Seller is the owner of the Lot (or is duly authorised to sell the Lot by the owner.)

5.2 The Seller undertakes to the Buyer to comply with the specified arrangements for delivery/collection of the particular Lot including paying the expenses in relation thereto if so arranged.

5.3 The Seller undertakes to raiseUK not to submit unsuitable goods or services for auction on the Site and to use all reasonable endeavours to describe the Lot accurately.

5.4 Unless the Seller chooses to make a donation to the School by way of Gift Aid the Seller irrevocably undertakes that the Purchase Price shall be paid to the School and authorises raiseUK to pay the same to the School on receipt of the Purchase Price from the Buyer except if the Seller retains the same pursuant to clause 9.2

5.5 The Seller undertakes to raiseUK not to revoke the instructions to sell a Lot prior to the end of the relevant auction.

6. Undertakings of the Buyer

6.1 The Buyer undertakes to make no claim against the Seller and/or raiseUK in respect of a bid for any Lot not being successful, whether by reason of the bid being less than a reserve or otherwise.

6.2 The Buyer undertakes to raiseUK and the Seller to pay the Purchase Price as provided for in clause 8.1 and to comply with the specified arrangements for delivery/collection of the particular Lot including paying the expenses in relation thereto if so arranged.

6.3 The Buyer undertakes to raiseUK and the Seller to indemnify each of them in respect of all loss and expense suffered by reason of the Buyer not paying the Purchase Price in full pursuant to clause 8.1.

6.4 If the Buyer pays the Purchase Price direct to the School the Buyer directs and authorises the School to pay the Transaction Costs and Commission (and VAT thereon) to raiseUK and to pay the balance to the Seller in the event that the Seller (having indicated the wish to proceed by way of Gift Aid) claims such amount within 21 days of the date on which the relevant Lot was sold.

7. Undertakings of the School

7.1 The School undertakes to raiseUK that the Administrator has authority to represent and act for the School in all matters relating to the Site and auctions undertaken using the Site.

7.2 The School undertakes to raiseUK that it will use reasonable endeavours to promote each auction undertaken for its benefit on the Site.

7.3 The school undertakes to pay the Transaction Costs and Commission (and VAT thereon) to raiseUK and authorises raiseUK to deduct these amounts from payments made by raiseUK to the School.

7.4 If the School is a registered charity and wishes to receive donations with Gift Aid, it will confirm its status to raiseUK and request raiseUK to invite donors to make their donations using Gift Aid. If Gift Aid applies, the School undertakes that it will not use information provided by the donor for any purpose other than reclaiming tax.

7.5 The School undertakes to the Seller and raiseUK that if it receives the Purchase Price direct from the Buyer:

7.5.1 it shall pay the Purchase Price less Transaction Costs and Commission (and VAT thereon) to the Seller if, having chosen to pay by way of Gift Aid, the Seller retains the same pursuant to clause 9.2;

7.5.2 it shall pay the Transaction Costs and Commission (and VAT thereon) to raiseUK.

7.6 The School undertakes to raiseUK, the Seller and the Buyer that the monies it receives in relation to each Lot sold by auction on the Site shall be used solely for the benefit of the School as an educational establishment.

8. Payment and Commission

8.1 The Buyer shall pay the Purchase Price in full either to the School (in cash or by cheque) immediately on taking delivery of the Lot or to raiseUK (as provided for on the Site) prior to delivery of the Lot being effected.

8.2 If the Purchase Price is not paid by the Buyer in accordance with clause 8.1 raiseUK (as agent of the Seller) shall be entitled to terminate the contract for the sale of the Lot, re-sell the Lot and take proceedings against the Buyer for breach of contract.

8.3 In consideration of raiseUK facilitating fundraising on behalf of the School, the School shall pay commission to raiseUK in an amount equal to 10% of the Purchase Price and shall also pay VAT thereon.

9. Gift Aid

9.1 If the Seller chooses to pay the Purchase Price to the School by way of Gift Aid the Seller shall submit a suitable declaration (as provided for on the Site) for use by the School.

9.2 In the event of the Seller having indicated to raiseUK a wish to proceed by way of Gift Aid the Seller shall be entitled to retain the Purchase Price (less Transaction Costs and Commission/VAT) on notifying raiseUK to that effect through the Site within 21 days of the date on which the Lot was sold by auction on the Site.

10. Limitation of Liability

10.1 RaiseUK shall not be liable for any breach of contract or other default on the part of any person other than raiseUK involved in an auction using the Site.

10.2. RaiseUK and the School shall not have any liability in respect of any error in the description of a Lot or its quality or value.

10.3 RaiseUK shall not be liable for any loss of profits, wasted expenditure, special damages or consequential loss and any liability on its part shall be limited to the value of the relevant Lot.

10.4 RaiseUK shall have no liability to the School or to the Seller in relation to the giving or obtaining of Gift Aid.

11. The Site

11.1 Copyright in the content of the Site is owned by raiseUK. Extracts from the Site may be viewed, printed, downloaded or stored temporarily for personal reference and for the purpose of participating in an auction using the Site. No other copying or reproduction of the content of the Site is permitted without raiseuk's prior written permission.

11.2 RaiseUK is not liable for any scheduled or non-scheduled interruption of the Site and does not warrant that the Site shall be available or suitable for any particular requirement nor that it shall be error free or of a certain speed.

11.3 Persons using the Site shall not:

11.3.1 post material which is obscene, defamatory, threatening, abusive or otherwise objectionable;

11.3.2 introduce or attempt to introduce any virus or other contaminant;

11.3.3 attempt to access, alter, decompile, reverse, engineer, destroy or otherwise tamper with the Site or any of the related systems;

11.3.4 interfere with any other person's access to and/or use of the Site;

11.3.5 use or attempt to use the Site for any unlawful or immoral purpose;

11.3.6 use the Site for any commercial purpose;

11.3.7 use the Site to create a database of any kind;

11.3.8 link any other website to the Site.

11.4 raiseUK shall have no obligation but shall be entitled to monitor, censor or edit the content of any material transmitted or received on use of the Site and to make changes to any part of the Site.

12. Miscellaneous

12.1 Rights and obligations under these Conditions may not be assigned.

12.2 The headings in these Conditions are for convenience only and will not affect their interpretation.

12.3 The Contracts (Rights of Third Parties) Act 1999 shall not apply in relation to these Conditions.

12.4 RaiseUK is not a tax expert. All parties have the responsibility of establishing the tax consequences of their participation.

12.5 Any notice given to raiseUK, the Seller, the Bidders or the Buyer shall be given by hand, first class mail (to last knows address) or email to last known address used in relation to the Site) and shall be deemed effective on receipt.

12.6 These Conditions shall be subject to English Law.