Home /
Terms & Conditions

Terms & Conditions

Last updated October 24, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Whisky Auction House Ltd ('Company', 'we', 'us', or 'our'), a company registered in Scotland (Company No. SC770945) at Burnside Business Centre, Peterhead, Aberdeenshire AB42 3AW. Our VAT Registration number is 451461117.

We operate the website http://www.whiskyauctionhouse.com (the 'Site'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

You can contact us by email at info@whiskyauctionhouse.com or by mail to Burnside Business Centre, Peterhead, Aberdeenshire AB42 3AW, Scotland.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Whisky Auction House Ltd, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PRODUCTS
PURCHASES AND PAYMENT
CANCELLATION AND RETURNS
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENCE
GUIDELINES FOR REVIEWS
SERVICES MANAGEMENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
ELEGIBILITY
LEGAL AGREEMENTS
AUTHENTICATION OF GOODS
LISTING OF GOODS
DAC7 / PLATFORM OPERATORS OBLIGATIONS
DELIVERY, SHIPPING AND STORAGE
SERVICE FEES
VAT
MISCELLANEOUS
CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access. Solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@whiskyauctionhouse.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with these Legal Terms;
you are not a minor in the jurisdiction in which you reside;
you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
you will not use the Services for any illegal or unauthorised purpose;
your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

Visa
Mastercard
American Express
PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in GBP.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

7. CANCELLATION AND RETURNS

By law, as a consumer we must give you certain key information before a legally binding contract between you and us is made. The key information we give you by law forms part of this contract (as though it is set out in full here). If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

If you are listing goods with us as a consumer, you would normally have the right to cancel the contract between you and us for listing goods within fourteen (14) days without giving any reason. However, as part of the listing process we ask you to expressly consent to the commencement of the provision of our auction services as part of our listing process. This means you retain the right to cancel but if you exercise it you must reimburse us for our reasonable costs and expenses, details of which are set out in sections 25 and 30. The cancellation period will expire after fourteen (14) days from the day that we send you confirmation that your listing has been accepted.

Buyers cannot cancel contracts for the purchase of goods at auction, as they have been concluded at a public auction. However they can cancel contracts for the purchase of goods bought from the online shop.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement by a letter sent by post, or an email). You should send it to us using the means of contact set out in these terms and conditions.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We advise that you retain some evidence of your dispatch of the communication, for example, a copy of your email or proof of postage.

Where you cancel the contract to purchase goods, you must return the goods to us securely packed within fourteen (14) days. If they have been damaged or opened then we will deduct from sums repayable to you our reasonable costs arising from that, which may be the whole value of the goods where they cannot be replaced.

Refunds are not given on goods sold at auction.

Refunds on items purchased from the store front:

If you change your mind about a purchase, we will issue a refund within 14 days of receiving the returned items. The refund consists of two components: the cost of the purchased item(s) ("Cost Refund") and the standard shipping cost ("Postage Refund"). The amount of the Cost Refund may be reduced, up to the full value, to account for any diminished value of the item(s) due to damage or deterioration resulting from improper customer handling or courier damage during return.
Refunds are issued if we are at fault. Should you terminate the contract due to our error, we will cover the cost of the return.
If you are exercising your right to change your mind then you can use the model cancellation form (a template of which is shown at the end of these terms and conditions).

If You are returning Items to us, please note:

Any cancelled or returned Items must be returned to Us in the same condition as initially sold and in original packaging. We will process the refund within 14 days or receiving the Items(s) back in Our premises, returns must include a printed statement confirming customer name, initial order number, customer address and reason for cancellation or return.
Returns must be packed with sufficient void fill and in strong packaging to prevent possible damage in transit.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

9. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content.

10. CONTRIBUTION LICENCE

You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

11. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

you should have firsthand experience with the person/entity being reviewed;
your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language;
your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
your reviews should not contain references to illegal activity;
you should not be affiliated with competitors if posting negative reviews;
you should not make any conclusions as to the legality of conduct;
you may not post any false or misleading statements;
you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

monitor the Services for violations of these Legal Terms;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.

14. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. GOVERNING LAW

These legal Terms are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Whisky Auction House Ltd and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Scotland, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in the United Kingdom, or in the EU country in which you reside.

17. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Aberdeen, Scotland. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Scotland.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

18. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

19. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. ELEGIBILITY

Our Site is available for use by individuals aged 18 years or older. Users below the age of 18 must refrain from using our Site. If you access the Site from outside the UK, you are responsible for compliance with local laws.

We may request various details to verify your identity, age, and eligibility to buy or sell goods through our Site. All provided information must be truthful, accurate, and complete.

25. LEGAL AGREEMENTS

Below, we explain how a legally binding agreement between you and us, and between you and other users of our website, is formed.

Agreements with Us

A contract between us and you (the seller) is formed when you request to list goods on our website. Similarly, a contract is formed between us, and you (the buyer) when you submit a bid to buy goods through our website. Both contracts are subject to these terms and are separate from any contracts buyers and sellers have regarding the sale of goods.
A listing may pertain to multiple units of goods, which are sold as a single consignment. In this context, references to goods in these terms pertain to the entire consignment. Otherwise, goods are sold individually.
To organize the sale of goods on our website, please contact us using the mentioned methods stated previously.
Those registered with the site agree to be contacted via email, phone, SMS, WhatsApp, and social media. If you wish to change your contact preferences, send an email to info@whiskyauctionhouse.com with your request.
By agreeing to sell with us, you commit to staying updated with our terms & conditions, which we have the right to revise at any time. If you have any questions before selling or buying with Whisky Auction House Ltd, feel free to reach out to us.
By agreeing to our terms, you acknowledge that we, the company, reserve the right to request payment via bank transfer instead of credit or debit card transactions.

Agreements between Sellers and Buyers

Our Website provides the date and time when an auction concludes. At that point, a sales contract is formed between the seller and the highest bidder, which includes these terms as they apply to the sale and purchase.
A bid to buy goods through our website is considered an offer to buy the goods in the relevant auction. Sellers can accept or decline these offers at their discretion. Sellers can withdraw/cancel goods from an auction at any time, but fees (as outlined in section 27) will apply. If the seller does not withdraw/cancel the auctioned goods before the auction ends, they automatically accept the highest bid.
We notify sellers and winning bidders via email when an auction concludes.
We must receive payment from the winning bidder within 72 hours of the auction's conclusion. Failure to do so will result in the card associated with your account being automatically charged. By bidding, you acknowledge this agreement and authorize either full payment or a deposit from your card. Once charged, you agree not to dispute this charge with your credit card provider, as you have confirmed your bid twice. Any claim will automatically result in a dispute loss and a win for Whisky Auction House Ltd.
Unsold goods in one auction may be re-listed in a later auction at our discretion.

26. AUTHENTICATION OF GOODS

By registering with Whisky Auction House, you agree that any goods you register to sell are authentic.

Once we have your goods in our possession, we will review the condition of the goods. We will send you an email confirming whether we agree to list your goods in our auction. In the event that your goods do not meet the requirements to be auctioned, your goods will be returned to you at your cost or you may collect from our premises.

If we consider your goods to be counterfeit or illegal, we have the right to reject and dispose thereof. A charge of £30 will be made for the appropriate removal and destruction.

Whisky Auction House will not accept liability for claims against counterfeit goods sold in auction.

Whisky Auction House reserves the right to prohibit any seller from future use of the website and/or services if we believe that the seller has knowingly attempted to sell counterfeit goods.

27. LISTING OF GOODS

We reserve the right to reject any listing for goods at our sole discretion for any reason. We are responsible for creating listings for goods. We may include any information in the listings as we deem necessary to provide an accurate description of the goods. We may ask you to verify the contents of any listing as accurate. Once we accept goods for listing, we will confirm the auction start and end dates.

Our Site will determine a minimum selling price for goods. You cannot list any good at a price lower than that price.

If a reserve price set for a listing is not met by the auction completion date, or if goods have received no bids, we may at our discretion relist the goods for auction unless you ask us not to.

Sellers are strictly prohibited from bidding on their own Lot(s) or having relatives or friends bid to artificially inflate the Lot(s) value. We reserve the right to withdraw your Lot(s) from the auction if illegal bidding occurs. Should this happen, a £50 administration fee will apply, and the seller will be responsible for any costs associated with returning the Lot(s). We reserve the right to terminate the offender's account and prohibit them from using the site.

We reserve the right to extend the start or completion time of any auction where we deem it reasonable, such as to avoid the use of sniping software. We also have the right to initiate an auction early for reasons such as testing new features.

For a listing that contains multiple items, we may divide that listing into two or more separate listings. Each listing will result in separate contracts under these terms. We may also combine separate listings.

Only those goods which have been lawfully acquired on the open market in the EEA may be listed on our Site.

Certain goods cannot be sold through our Auction Site, including but not limited to cream liqueurs, unofficial samples/minis, unofficial/homemade merchandise, goods with broken or missing seals, leaking goods, ceramic decanters of which the weight (as a determination of the filling level) is too low, goods not suitable for sale such as items with mould and items containing foodstuffs other than alcohol or items past their use-by date.

When you list goods on our Site, you must ensure that:

All provided information is accurate and complete.
The goods match their provided description and the description on this Site.
You are the lawful owner of the goods or have been authorized by the lawful owner to list the goods (and can provide evidence of such upon request).
The goods are free from any lien, charge, security, encumbrance, third-party claim, or dispute.
You possess and can provide all information of significant relevance to the goods.
You have all permissions and consents to allow us to use any images of the goods you supply (and can provide evidence of these upon request).
If any item is to be returned to the seller by their request, it will be subject to a repacking charge of £10. Packages of 10 bottles or more will incur a repacking charge of £20. All items will be returned by courier.
Any goods consigned to the company with a reserve must be checked by the seller 48 hours prior to the auction going live. It is solely the seller's responsibility to add and check their reserve. Failure to place a reserve before the start of the auction will result in the goods being sold with no reserve. Email, telephone, spoken or written communication are not acceptable means of adding a reserve.
Whisky Auction House Ltd may try to highlight the condition of items being sold in the auction. Many items are second-hand, and Whisky Auction House cannot be held responsible for any conditions not specified when listing the lots. Therefore, the bidder must understand that, prior to confirming a bid, they are satisfied with the condition of the lot, whether the condition has been noted or not, so please inspect each lot carefully.

28.DAC7 / Platform Operators Obligations

DAC7, or the Directive on Administrative Cooperation (DAC) 7, is an EU directive that came into effect on January 1, 2023.

It requires digital platform operators to report certain information about the sellers using their platforms to EU tax authorities. This includes details about seller revenues and identities.

In accordance with the EU Directive on Administrative Cooperation (DAC7), Whisky Auction House is required to collect and report specific information about sellers who use our platform. This includes:

Seller Information: Full name, address, contact details, and tax identification number (where applicable).
Revenue Data: Total income generated by the seller through our platform.
Transaction Details: Information regarding each transaction, including dates and amounts.
Payment Accounts: Details of payment accounts used by the seller.

By using our platform, sellers agree to provide accurate and complete information when requested. Failure to comply with these requirements may result in restrictions or suspension of the seller's account.

The goal is to improve tax compliance and reduce tax evasion by ensuring that tax authorities have access to information about income earned through digital platforms.

This directive applies to a wide range of platforms, including online marketplaces, auctions, social media platforms, and more.

Sellers with fewer than 30 transactions and less than €2000 in total sales are exempt from reporting.

29. DELIVERY, COLLECTION AND STORAGE

Sellers are required to organise the delivery of goods to us for listing. Upon receipt, we retain the discretion to either list or decline the goods on our website, particularly if there are concerns regarding the authenticity of the items.
Sellers must bear all delivery or collection costs related to sending goods to us or from us (if we reject or cancel a listing or a listing is withdrawn).
We encourage sellers to maintain insurance against loss or damage of goods during transit to us. We may charge for storage if we hold goods for more than thirty (30) days if you have not selected free storage. If goods are with us for four (4) months or more, sellers must collect them or grant us the right to dispose of them.
When a buyer wins an auction, they must specify the delivery method. Charges for delivery will be deducted from the buyer's selected payment method.
Whisky Auction House may, at its discretion, arrange for monthly collections from a designated off-premises pick-up point.
Upon receipt of payment, Whisky Auction House will dispatch your lot(s) promptly. International bidders should be aware that certain countries/states are beyond our shipping capabilities; therefore, it is essential to consult our shipping & insurance page to verify delivery availability to your area. Before bidding, please confirm that you agree with all applicable fees and delivery charges.
The estimated delivery date for goods will be provided once the buyer confirms their preferred delivery method.
Delivery is considered complete when our delivery provider delivers the goods to the address specified in the auction confirmation email.
Buyers should be ready with a form of photographic ID and proof of being over 18 at the delivery time. If a buyer is not available at the scheduled delivery time, they will bear the cost of any returns requested, including import duties and VAT where applicable.
Should the delivery option be selected, delivery will occur within thirty (30) days following the auction's end. Buyers also have the option of free storage for ninety (90) days to consolidate shipments. After this period, a daily charge of £1 plus VAT per lot or bottle will be incurred. It is important to note that if arrangements for shipping or collection are not made within six months, the company may dispose of or claim ownership of the goods.
Upon taking possession of the goods, the responsibility for any associated risks passes to you. Should you discover any damage upon delivery, it is imperative that you inform us immediately.
If the delivery of goods to us or their return to a seller incurs any sales tax, customs charges, or duties, the seller will be billed for these. Sellers will be notified if such charges arise. It is also imperative for all users of the site to be familiar with the customs regulations, limits, and duties of their respective countries, whether the goods are being received or shipped.
Should any sales tax, customs charges, or duties be incurred in relation to the sale or delivery of goods to a buyer, the buyer will be charged accordingly. We strive to include such details in our listing or delivery information, though we cannot guarantee this always. In case we come across any such charges, the buyer will be notified.
Wax seals or rosettes on bottles are considered delicate due to their age and design and are not covered by transit insurance. We do not take responsibility and will not be liable for any damage such as breaches, breaks, splits, or cracks that may occur in transit. Bidders are to understand this condition and agree that no claims can be made, or refunds requested for any transit-related issue. The insurance only covers the complete breakage of the bottle or loss during transit.

30. SERVICE FEES

Please be aware that all fees quoted are excluding VAT which will be added at checkout.

Registration on Site - £5
This fee is a one-time charge applied to buyers and sellers at the time of registration for buying or selling. Should your account become inactive, you may be subject to this fee once more. VAT is applicable for residents within the UK.
Fee for Listing and re-listing an Item - £5
As a seller, you need to pay this fee each time you list your item and for each auction your item participates in. We reserve the right to charge this fee for multiple items bundled into one lot, and the decision lies solely with the company.
Setting a Reserve Price - £5
If you're a seller and wish to set a reserve price on an auction, you need to pay this fee when the reserve price is set. This applies to every auction in which your item is listed.
Seller Commission - 0% commission
We charge 0% commission to most sellers.
Seller Commission for Miniatures & Memorabilia - 10% commission
Sellers commission is at the discretion of the Whisky Auction House. The commission rate for selling miniatures and memorabilia is 10%, unless otherwise agreed.
Buyer's Sale Commission - 10% of the purchase price
This fee is paid by the buyer at the time of sale. If the buyer is located outside of the UK, they are not charged VAT.
Storage Charges for Goods Held Longer Than 90 Days - £1 per day
If we store your goods for more than 90 days, you must pay this fee before we can release your goods.
Storage for Unlisted Goods - £1 per day
You will be notified if your lot/s are unsuitable for listing and will have 7 days to arrange for the return after this you will be charged a daily fee and will have to pay this fee before we can release the goods that were not accepted for listing on our site.
Card Transaction Fee for Buyers and Sellers Outside of the UK - 3.5% of the transaction amount
Non-UK buyers and sellers must pay this fee at the time of the transaction.
Bank Charges - Up to £30 for international transfers
This fee is required, when necessary, by us. It's mandatory to make all payments in full and in GBP before we dispatch any goods.
Sale Cancellation Charge due to Seller's Breach - £100
If a sale is cancelled because of a breach of terms by the seller, this fee needs to be paid before we can release your goods.
Cancellation or Amendment of a Listed Bottle or Lot - Depends on the circumstances - Up to £100
If you wish to cancel or amend a listing before or during the auction, you must pay this fee. The exact amount depends on the timing and nature of the cancellation or amendment.
Delivery/Collection Charges by Whisky Auction House Ltd - £0.45 per mile unless otherwise agreed.
This fee needs to be paid before we begin the delivery. For collection, it will be deducted from the proceeds of the sale.
Bottle Valuation Fee - Varies
If we deem it necessary, we may charge a fee for valuing your bottles. The fee will depend on the number of bottles and may be refundable if you choose to sell through us.

If due amounts are not settled by the stipulated date, we reserve the right to engage debt collectors to retrieve the unpaid sums. All collection costs on our part will also be covered by the debtor. Overdue payments, defined as payments made more than 72 hours after the close of an auction, will accrue interest at a rate of 5% per day.

Periodically, we may introduce promotions. These will be publicised on our Site and will carry specific terms. We retain the right to withdraw promotions at any time without prior notice.

Your credit or debit card may be charged at any point after you submit your listing or bid. Please ensure you have adequate funds to cover any due payments to us, including any charges and the amount of any bid and delivery charges. Sums due to a seller may not be remitted until a reasonable period after the relevant auction is concluded.

All payments made by credit or debit card must be authorized by the respective card issuer. Additional measures such as Verified by Visa (see https://www.visaeurope.com/making-payments/verified-by-visa/) and Mastercard® Secrecies’ (see https://www.mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html) may also apply.

Costs associated with lots submitted by the seller for auction, paid by Whisky Auction House Ltd, may be recovered if the items do not sell. This includes but is not limited to shipping, insurance, customs charges, mileage, and other incurred costs.

Payments, whether related to buying or selling, necessitate full payment of all associated fees by the client. Hence, we must receive the full amount in GBP before the order is dispatched.

If any seller modifies their bank account details within their account, we must receive written notification about these changes and the intention to be paid into the new account. We must be informed about their main account, and if this does not occur, we reserve the right to pay into either account.

If you wish to sell bottles you have in storage, this will attract the sales fees outlined above. We must receive notification and confirmation via the email address used for registration 3 days before the auction goes live. The re-listing fee is down to our discretion.

31. VAT

Whisky Auction House primarily conducts sales for non-VAT registered, private individuals based in the UK. In such cases, the Lots are sold under the Auctioneers' Margin Scheme for VAT, which means that VAT applies to all fees but not to the hammer price of any Lot sold at auction.

By listing goods for sale on our website, you affirm that you are a private seller who is not VAT registered.

For non-UK residents or UK VAT-registered businesses, the Auctioneers' Scheme for VAT is inapplicable; hence, standard VAT rules will be applied, adding VAT to the hammer price of relevant Lots. If the final purchaser is UK-based, VAT at the current UK rate will be added to the hammer price and associated fees at checkout. If the final purchaser resides outside the UK, no VAT will be added at checkout (i.e., VAT is applied at 0% as the goods are exported from the UK).

32. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Consumers have responsibilities to ensure transactions are smooth and fair. These include conducting due diligence and research, understanding the terms and conditions of auctions, making informed decisions when bidding, and ensuring timely payment and completion of purchases.

33. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Whisky Auction House Ltd

Burnside Business Centre

Peterhead

Aberdeenshire

AB42 3AW

Scotland

info@whiskyauctionhouse.com

***MODEL CANCELLATION FROM***

(Please complete this form and return it to us if you wish to cancel the contract.)

– To Whisky Auction House, Burnside Business Centre, Peterhead, Aberdeenshire, Scotland, AB42 3FH sales@whiskyauctionhouse.com

- I/we (*) hereby cancel the contract entered into by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)

- Item(s)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (required for notification on paper only)

- Date

(*) Delete as appropriate.

Terms & Conditions

Sign up to our Newsletter