Terms and Conditions
This agreement applies as between you, the User of this Website and Whisky-Online.com Ltd (trading as Whisky-onlineauctions), the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
Units 1- 3 Concorde House
Registered in England & Wales
Units 1- 3 Concorde House
Company No: 5974614
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
||means collectively the personal/identifying information and credentials used by Users to access parts of the Website and to list or bid on Items;
||means an auction taking place on the Website;
||means a User that places a bid on an Item;
||Means the additional amount payable by the Buyer to the Company as specified by the Company from time to time
||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
||means an item entered for auction on the Website on behalf of a Client/User;
||means a listing for an Item placed on the Website on behalf of a Client/User;
||means Whisky-Online.com Ltd (trading as Whisky-onlineauctions) of Units 1-3 Concorde House Charnley road Blackpool Lancashire England FY1 4PE;
||means the fee payable to list an Item;
||means a Client/User that is selling an Item on the Website;
||means the winning bidder on any auction item
||means collectively any online facilities, tools, services or information that the Company makes available through the Website either now or in the future;
||means any online communications infrastructure that the Company makes available through the Website either now or in the future. This includes, but is not limited to, Item listings, Auctions, email addresses and online forms;
|“Client/User” or “Client/Users”
||means any third party that accesses the Website and is not employed by the Company and acting in the course of their employment;
||means the website that you are currently using (www.whisky-onlineauctions.com ) and any sub-domains of this site (e.g. www.subdomain.whisky-onlineauctions.com) unless expressly excluded by their own terms and conditions.
2. Legal age of Buyers and sellers requirement
- Any alcohol may ONLY be purchased AND/OR sold by to persons who are at least eighteen (18) years old in the United Kingdom or such other minimum age as is required in foreign jurisdictions (“Legal Age”). The Bidder and Seller (as the case may be) represent that:
- They are at least of Legal Age; and
- The person to whom any alcohol will be delivered is also of Legal Age. At the time of delivery, any shipment containing an alcohol beverage product will require the signature of an adult; he or she is at least of Legal Age.
- All whisky-online auctions are conducted in UK Pounds GBP (£). The credit/debit card or money transfer or other of each winning lot will be charged in GBP (£) for the winning bid and shipping cost. The actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company when you are actually charged
4. Bottle inspection and description guidelines
- The terms we use and the manner in which we describe bottles are set out in our guideline document which can be found here.
5. Intellectual Property
- Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless contained in Item Listings, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Company, or our affiliates.
- By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
- You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website as specified in Clause 6 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by the Company. Specifically you agree that:
- You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by the Company;
6. Third Party Intellectual Property
- The Intellectual Property Rights subsisting in the Content of Item Listings belong to the Sellers who placed those Item Listings unless it is expressly stated otherwise.
- Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties.
- The Content described in this Clause 6, unless expressly stated to be so, is not covered by any permission granted by Clause 5 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 7 continue to apply.
7. Fair Use of Intellectual Property
- Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Websites
- This Website may contain links to other websites. Unless expressly stated, these sites are not under the control of the Company or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Website
- Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://www.whisky-onlineauctions.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of the Company. To find out more please contact us by email at email@example.com.
10. Selling an Item
- All Listings will be prepared and submitted by the Company but will be based upon the information which you provide.
- We reserve the right to mention in any listing our own assessment of the state or condition of the item
- The Client/User acknowledges that the Company shall have absolute discretion on the wording of any Item Listing
- The Company will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Item Listings, nor for any errors or omissions in Item Listings. Use of and reliance upon Item Listings is entirely at your own risk.
- Nothing in these Terms and Conditions shall grant the Company any rights in or to any trade marks or any other intellectual property rights contained within your Item Listing or any part of it save for the right to display the same on the Website as part of your Item Listing until the Company chooses to remove that Item Listing.
- The Client/User acknowledges that the Company may retain copies of any and all communications, information, Content and Item Listings sent to us or submitted to the Website
- The Company will not be liable for any import duty or VAT payable upon entry into the UK for items sent for auction, this will be at the seller expense, we may from time to time cover the temporary costs on your behalf, and deduct from any funds raised at the closure of the auction.
- Payment is due immediately the auction closes. If payment is not made within three days of the auction close, monies will automatically be taken from the registered card under the terms of the FuturePay agreement.
- Failure to make sure enough funds are available may result in the part payment being taken which may only cover the commission/charges owed by the winning bidder
- If the Client/User defaults under clause 11.2 the remaining sum will still be outstanding until the item(s) is/are re-listed and the original winning bidder user account will be suspended without refund
- The Bidder /User acknowledges and agrees that Whisky-Onlineauctions.com has contracted a third party payment processor Worldpay to manage the storage of the bidder/users payment details and enable payments as appropriate to processing payments to be debited for items won
- The Bidder /User's payment details will be stored in a PCI compliant manner by the Worldpay payment gateway and Whisky-online can process payments and refunds via the third party payment processor. Such third party payment processors are obligated to protect the security and confidentiality of the Bidder/Users information
- In addition it is also agreed that where the Bidder/User has requested Whisky-onlineauctions.com to provide the Delivery Services then Whisky-online auctions shall also be entitled to debit the Bidder/User's debit/credit card and process (or have processed) the card details in order to be paid for the Delivery Services and any additional charge under the agreement
- Cancellations of this agreement will restrict the ability to bid on current or future auctions
12. Bidding and Buying
- The Company will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Item Listings, nor for any errors or omissions in Item Listings. Use of and reliance upon Item Listings is entirely at your own risk
- Bidders may bid on any Item at any time during an Auction
- It is illegal for you, or a family member, to bid on your own items in an auction. This is known as shill bidding and we have mechanisms in place to detect any occurrence of this.
- A bid is an irrevocable offer made by a Bidder to buy the listed Item
- If you are the successful Bidder you will have to pay fees in addition to the purchase price. Full details of the fees can be found here See also clause 11.1 for further details
- If an incorrect amount has been lodged in error, contact the company as soon as possible. If it does not interfere with the smooth running of the auction the company may consider retracting or reducing the bid to the winning bid amount at that point. Bids cannot otherwise be retracted. The company reserve the right to prevent the bidder from any future participation in whisky-online auctions as a result of bid retraction
- Once the auction has ended, the winning bid cannot be retracted
- Bidders are responsible for ensuring that they have sufficient funds available to cover their bid(s). See also clause 11.2 and 11.3.
- Although a condition report is normally included in the lot description, we would recommend viewing/close inspection at the company premises prior to placing any bids.
- If this is not an option and you have questions beyond the offered description and images, please email the company no later than 12 hours before the auction closes to make specific enquiries or to receive a more in-depth condition report. Otherwise lots will be sold as seen and/or described.
- Bidders are required to conduct their own research and due diligence. All Items are sold on an “as is” basis
- If a Bidder’s bid is the highest bid on an Item at the end of an Auction, and is above the Seller’s reserve price, that bid shall be deemed to have been accepted by the company. A legally binding contract then exists under which the Bidder is obliged to purchase the Item at the price of their winning bid
- The company shall be entitled to enforce the provisions of these Terms and Conditions and may pursue legal remedies against any user for non-performance of any of their respective obligations hereunder.
- Payment for Items may be made by the following methods;
- See section 11
- Such other method as we accept from time to time
- The company will only release winning Items to Bidders when funds have cleared
- Legal title in and to items shall transfer to Bidders only upon receipt of all sums due to the company
- Bidders may, in limited circumstances, have a legal right to return Items to the company. Any request for a return must be made to us within 21 days of the conclusion of the relevant auction irrespective of the date of delivery or collection. Refunds will be processed only upon receipt of the returned Item by the company.
- Any request for a return or other dispute must be notified within 21 days in accordance with this clause otherwise the agreement will be binding and no returns or other disputes will be entertained.
- You acknowledge that the Consumer Protection (Distance Selling) Regulations 2000 do not apply to the sale of goods by Auction and thus do not apply to this Website or any transactions completed through it.
13. Starting bids and reserves
- The “Starting Bid” is the agreed upon opening bid price for an auction lot. At the start of auction, bidders must place a bid at, or higher, than the Starting Bid. Unless otherwise indicated, auction lots will also include a Reserve. A “Reserve” is the minimum purchase price that the Seller is willing to accept for the lot, however the exact Reserve will not be published.
- Until the Reserve is met, the listing will show the message “Reserve not met.” When you bid on a lot with a reserve price, if your maximum bid meets or exceeds the reserve, the current bid will automatically increase to meet that reserve price.
- For example, if an auction lot has a reserve of £100, and Bidder A bids £10, then the current bid will stay at £10 and display “Reserve not met.” If Bidder B places a bid on the same lot for £150, the current bid will move up to £100 (the amount of the reserve) and the reserve is met. If nobody else places a bid, Bidder B will win at the price of £100.
- If you place a bid on a lot X with a reserve, and your maximum bid is less than the reserve, then your current bid will increase to display your maximum bid.
- For Example Lot X has a reserve of £100 and a starting bid of £50, and a bidder places a bid of £75, then the current bid will move up to £75 Since the reserve is not yet met in this scenario, your maximum bid would not be considered a winning bid. A lot must reach or exceed the reserve in order for it to be eligible for sale to the highest bidder.
14. Lot Retraction By Seller
- In an auction with Reserve, the Seller may withdraw his or her lot at any time until the Reserve has been met.
- In an auction without reserve, after the auction begins, the Seller cannot withdraw his or her lot unless no bid has been made within a reasonable time.
- In either a Reserve or a non-Reserve auction, Sellers who withdraw their lots after signing the final Seller Agreement will be charged a processing fee in accordance with the payment policy a charge of 10% is payable to the company based on the lowest estimate, or no less than £20 GBP plus a £15 withdrawal free.
- If a collection has been made by the company this will also have to be paid by you the seller to the company based on mileage at a rate to which we have travelled to collect such item(s). Or if a courier was used by the company to collect your item(s) then this cost will also have to paid before the item can be collected
- If the item(s) are to be returned by post using the company it will be at the sellers cost, the company recommends that private insurance is taken out prior to its return, and is at the sellers discretion to do so.
- If item(s) are deemed unfit or otherwise by the company to be returned by post it's the seller responsibility to collect within seven days from the point of their request to withdraw their item(s). Otherwise storage costs will be apply (see T&Cs) for costings.
- Items will only be returned to the address to which the item(s) are registered under, personal collection can be made by the consignee only, by prior arrangement.
15. Bid Increments
||Bid Increment Value
16. Completion of purchases and delivery
- The term “latest bid” as used herein shall refer to the highest price at which any lot is bid on before the auction ends.
- The purchase price due from the Buyer shall be the aggregate of the winning bid plus the Buyer’s Premium, on the closing bid plus VAT at current rate (20% for example) - winning bid £100 plus buyers premium at for example 15% is £15 plus VAT at 20% £3 total £118 payable.
- The person making the highest acceptable bid received prior to the end of the auction date and time (subject to any reserve being met) shall become the Buyer, who will assume full risk and responsibility of the lot from the time of the ending of the Auction.
- The Buyer will receive an email notification directly following the auction end time requesting that he or she sign into his or her account and select shipping preferences.
- The Buyer may also choose to collect their winning lots from the Company’s premises by prior arrangement during our normal business hours
- Alternatively the lot(s) may be stored by us BUT SEE CLAUSE 17 AS TO RISK AND TITLE TO ITEMS or once paid for to keep the lot(s) at our site until a more desirable shipping date. SEE “SHIPPING” CLAUSE 18
- The Buyer must make full payment for the winning lots at the conclusion of the auction
- Title to the item(s) will not pass from Seller to Buyer until full payment is received by whisky-online auctions. See clause 16 for full details of these provisions.
- No item(s) will be released to the Buyer until any applicable storage or shipping charges have been made prior to the release of the item(s)
17. Risk and title to goods
- In accordance with the terms of clause 12.16 title to all auction items shall remain with the Seller until payment in full
- Notwithstanding any indication to the contrary risk of damage or loss to the items shall remain with the Seller who should ensure that he has adequate insurance cover until payment is received in full.
- At that point legal title will transfer to the Buyer as will risk and the Buyer must ensure that he or she has adequate insurance cover in place in relation to the Items in those circumstances.
- Without prejudice to any other provisions in this agreement the Company accepts no responsibility whatsoever, to the maximum extent allowed by law, for the safe storage or preservation of any Items whilst in its temporary custody for the purposes of the auction or shipping
18. Shipment and collection of Items
- If the shipping option is selected all winning auction items will be shipped to the Buyer direct from our warehouse after receiving payment for the purchase price, pre-paid commission fees and shipping charges. Please allow 7 - 14 days after the initial booking of shipment for delivery
- The Buyer will have an opportunity to select his or her shipping preferences, provided the requested shipping address is within a state which allows the Buyer to import alcohol directly.
- If a customer lives in a state where importation of alcohol by a consumer may be questionable because of any state law or regulation, we require that the customer provide an alternative address in another state or have their purchases shipped to a third-party storage facility in a direct shipping-friendly state.
- The determination of whether or not importation is permitted shall be determined by the Company and it will not enter into correspondence or discussion regarding this decision
- Failure to provide an alternative address as requested under clause 18.3 will result in the cancellation of the auction and a refund (at the Company’s discretion) to the Buyer less reasonable charges incurred in relation to the costs incurred by the Company in the failed Auction or delivery (as the case may be).
- We recommend the Buyer to purchase shipping insurance on all shipments, at the time of shipment. It’s solely at the buyer’s discretion to do so, if no insurance is taken then no claim can be lodged.
- The Buyer may also collect their lots from our warehouse units 1-3 Concorde House, Charnley Road, Blackpool, Lancashire FY1 4PE by prior arrangement during normal business hours.
- If the Buyer elects to collect their lot(s) they will be held free of charge by the Company for 14 days from the date of conclusion of the auction. Thereafter a storage fee will be charged in accordance with our fees and charges policy as set out here and the full amount of the storage charge must be paid before any items will be released. See also clause 17.3 about insurance
- If lots are not collected or storage arrangements and fees are not paid after 60 days from the conclusion of the relevant auction the item(s) will be readvertised on the site and sold.
- the Company shall be entitled to deduct from the sale proceeds all charges for commission, storage and other charges. The balance shall then be paid to the Buyer in full and final settlement
19. Special provisions as to shipping and conditions of goods
- Though every effort is made to describe or measure the levels of older vintages, corks more than twenty (20) years old begin to lose their elasticity and levels can change between cataloguing and sale.
- Old/new corks occasionally fail during or after shipment. Buyers must understand that there is always a risk of cork failure with old whiskies.
- Under no circumstances can an adjustment of price or credit be made after delivery if the product has been affected by cork failure
- Further provision regarding items packed in original wood case(s) – Auctions with original wood cases may incur additional shipping fees if not picked up directly.
- The shipping method will default to the least expensive option available for the address of delivery
20. Accounts and Listing Fees
- In order for us to create an Item Listing or bid on an Item on this Website you must provide us with appropriate identity and other information and if we require you so to do to create an Account which will contain certain personal details. You represent and warrant that:
- all information you submit is accurate and truthful; and
- you will keep this information accurate and up-to-date.
- Sharing of accounts or selling on behalf of others is not permitted unless expressly authorised in writing by the Company. You must keep your Account details confidential and should not reveal your username or password to any unauthorised third parties.
- A Listing Fee will be charged for each Item listing placed and a further charge will be made for each Item that is successfully sold on this Website. Listing Fees and our other charges are detailed here. All fees will be payable at the closure of the auction. You will be charged a commission at the rate specified in our sales charges sheet http://www.whisky-onlineauctions.com/payment-policy on the final sale price of each Item.
- If Sellers items meet the reserve, once the Buyer has paid, the balance after deductions will be forwarded to the Seller by bank transfer within 7 - 14 working days
21. Termination and/or Suspension
- In the event that any of the provisions of these Terms and Conditions are not followed, the Company reserves the right to suspend or terminate your access to the Service.
- Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
- the Company makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
- Save for the screening and approval of Item Listings, the Company has neither control over, nor involvement in, any items or services advertised on the Website and accepts no responsibility for any actions taken, or any items or services provided, by any Sellers. Specifically, you acknowledge that:
- the Company does not own any Items that are being sold on the Website;
- the Company is acting as an undisclosed agent for both the Seller and the Buyer;
- the Company is not responsible for ensuring that a transaction between a Bidder and a Seller is completed correctly;
- the Company will not become involved in any dispute between a Bidder and Seller unless such dispute involves a breach of these Terms and Conditions.
- Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, the Company makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
- No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- the Company makes no representation or warranty that any part of this Website is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.
- Whilst every effort has been made to ensure that all descriptions of services available from the Company correspond to the actual services available, the Company is not responsible for any variations from these descriptions.
- Whilst the Company uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
24. Availability of the Website and Modifications
- The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- the Company accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- the Company reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
- The company reserves the right to extend the time frame of the auction by a period to be decided in the unlikely event of malfunction, disruption or failure of the auction process.
25. Limitation of Liability
- To the maximum extent permitted by law, the Company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
- Nothing in these terms and conditions excludes or restricts the Company’s liability for death or personal injury resulting from any negligence or fraud on the part of the Company
- Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
26. No Waiver
- In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
27. Previous Terms and Conditions
- In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
28. Third Party Rights
- Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and the Company.
- All notices and/or communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- The Company may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the “Unsubscribe” link which appears in any emails from the Company to you.
- If you do unsubscribe from the email list you may miss important information about any changes to the website and it's operation
30. Dispute Resolution
- Any and all disputes must be notified to the Company as soon as possible using the contact details set out in Clause 18.7
- The initial communication must set out the nature of the dispute in as much detail as is reasonably possible.
- The Company will use reasonable endeavours to resolve any and all disputes in the shortest possible time. In the event that a dispute is not resolved
31. Law and Jurisdiction
- These terms and conditions and the relationship between you and the Company shall be governed by and construed in accordance with the Law of England and Wales and the Company and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales
32. Account Closure
- We reserve the right to store your data for book keeping purposes. Which we are legally obliged to do so by the authorities.