Any use of this website operated by whisky.auction.com at 'the site' is conditional on your acceptance of these terms and conditions of use and extends to our stated privacy policy.

We reserve the right to amend these terms and conditions from time to time without notice and at our sole discretion. As such, it is your responsibility to review these stated terms and conditions at regular intervals.

We reserve the right to amend, modify, discontinue or suspend all or part of this site and may restrict your access to all or part of 'The Site' at any time without notice or liability.

Definitions

All references to 'you &/or your' means you and 'we, us, our or company' within this policy means Whisky Auction Ltd (registered in England and Wales No. 9365276) trading as whisky.auction, of Elixir House, Whitby Avenue, NW10 7SF.

All references to 'service providers' means subcontractors (including any affiliated partners) retained by us for the specific purpose of performing functions on our behalf or to provide services to us. Such services include but are not limited to, warehousing and delivery; marketing and advertising; credit card and data processing; age verification; software development; website hosting and management; information technology and office services; legal, accounting, audit and other professional service providers; and other services related to our business.

LEGAL DRINKING & PURCHASE AGE

This site is intended to be used and accessed only by individuals of legal drinking age in their country of residence or in the country from which they are accessing 'The Site'.

If you do not fall into either category, or having read and for any reason do not agree with or cannot abide by these terms and conditions, including our privacy policy, please exit this site immediately.

We do not intentionally collect personal information from individuals under the legal drinking age nor do we intentionally market alcoholic beverages to anyone under the legal purchase age. If you are not of legal age to purchase alcohol either in your country of residence or in the country from which you are accessing the site you must not provide us with your personal information.

Suitable ID proof of legal drinking age may be required when items are delivered or collected.

Rights

All rights in all content including but not limited to copy, images, software (including code, interface and website structure) and the design, look and feel, and format of 'The Site' are owned by us. You agree that you are permitted to use material and/or content only as set out in these terms and conditions. No other use is permitted without express authorisation by us in writing and, where given, you agree not to, in part or full, copy, transmit, distribute, exploit commercially, amend, translate, share with or make available to any other person any such material or content or create derivative works of such material or content.

Intellectual Property

We are the sole owners and authorised users of all trademarks, service marks, design marks, patents, copyrights, database rights, image rights for photographs contained on 'The Site' and all other intellectual property appearing on or contained within 'The Site' including but not limited to the page design and layout and the source code. Except where provided for under these terms and conditions, use of 'The Site' does not grant any right, title, interest or license to you of any such intellectual property and any use or reproduction of the intellectual property is prohibited.

Copying

You are welcome to print hard copies of material from 'The Site' solely for your lawful, personal and non-commercial use. All other copying in whatever form whether electronic, hard copy or any other format or use for commercial purposes without our prior written consent is prohibited. All other rights are reserved.

No photography, imagery, text, source code or any other material shown on the whisky.auction website may be used in any circumstances for commercial purposes, nor may any of our material herein be altered, cropped, transformed, built upon, or in any other way changed or reproduced, whether from our own websites or copied from third party websites in breach of this condition themselves or otherwise redistributed without our prior written permission.

You may not engage in any price scraping or price harvesting in respect of products on 'The Site' without our prior written consent.

Terms of use relating to 'the site'

You must not misuse 'The Site' by knowingly introducing viruses, Trojans, worms, logic bombs or any other material which may be malicious or technologically harmful. You must not attempt to gain unauthorised access to 'The Site', the server on which 'The Site' is stored or any server, computer or database connected to 'The Site'. You must not attack 'The Site' in any way whatsoever, including via a denial of service attack or a distributed denial of service attack.

By breaching this provision you would be committing a criminal offence under the Computer Misuse Act 1990. We will report all such breaches to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use 'The Site' will cease immediately.

You may link to the home page of 'The Site' provided that you do so in a way that is fair and legal and does not damage or take advantage of our reputation or establish a link in such a way that suggests any form of association, approval or endorsement on our part where none exists.

'The site' must not be framed on any other website nor may you create a link to any part of 'The Site' other than the homepage. We reserve the right to withdraw linking permission at any time without notice or reason.

Terms of use relating to Public Forums

'The site' may contain a number of active services or links to similar such services collectively termed 'Public Forums' which may allow you to post, transmit or submit information. While all submitted content is reviewed prior to posting, we take no responsibility for the accuracy of any information posted on 'The Site' nor do we accept liability for any loss or damage suffered by you by whatever means as a result of use or disclosure of such material.

Through use of 'The Site', you acknowledge and agree that all material(s) submitted does not infringe any other persons intellectual property rights and is not vulgar, obscene, defamatory, offensive, malicious, discriminatory or unlawful in anyway and that you grant us a royalty-free, worldwide exclusive and perpetual right and licence to use and reproduce such material in any way, in whole or part, for any purpose by whatever means. whisky.auction reserves the right to delete any contribution, or take action against any whisky.auction account, at any time, for any reason.

Third-Party Websites

You acknowledge and agree that we are not responsible for any content of any third-party websites or material you may access through 'The Site'.

We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or material. You acknowledge and agree that we are not responsible or liable either directly or indirectly for any damages, loss or costs incurred in connection with your use of or reliance of any such content, advertising, products or services on or available from such websites.

Any dealings between you and any third-party advertisers or merchants found on or via 'The Site' including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings are made between you and the relevant advertiser or merchant. Consequently, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.

Continuity of access / service

Our objective is to offer our customers the best possible service, but we are unable to accept responsibility for interrupted access to whisky.auction due to technical problems outside of our control. Due to the nature of the internet, access may be suspended, restricted or interrupted at any time, and we are therefore unable to guarantee entirely error-free access and services.

No Warranties

'The Site' is presented as is and your use thereof is solely at your own risk. We do not warrant that 'The Site' will be free from viruses, available, accessible, error-free, uninterrupted or that the contents will be accurate.

Your responsibility

It is your responsibility to verify all information set out on 'The Site' with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from 'The Site' and to ensure the compatibility of such software with your equipment.

No Liability

Unless where expressly provision for in law we disclaim all liability for any loss, cost or damage (incurred directly, indirectly, consequentially or otherwise) suffered by you as a result of your use of 'The Site' including but not limited to computer viruses or distributed denial of service attack transmitted through 'The Site' or from third-party sites accessed through 'The Site' whether such loss, cost or damage arises from our negligence or otherwise whether or not we expressly informed of the possibility of such loss or damage.

Indemnity

If you are a business user, you agree to indemnify us immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of 'The Site'.

Termination

We reserve the right immediately to suspend or terminate your use of 'The Site' if you breach or we have reasonable grounds to believe that you are likely to breach these terms and conditions or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.

We may also remove 'The Site' as a whole or any sections or features of 'The Site' at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these terms and conditions.

Identity Verification

To ensure that your credit, debit or charge card is not being used without your consent and you are over the age of 18, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these terms and conditions, you consent to such checks being made.

In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

Entire Agreement

These terms and conditions, including our Privacy Statement, constitute the entire agreement between you and us and supersede all previous statements and understandings whatsoever between us. Any failure by us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision under these terms and conditions is found in law to be unenforceable all other provisions of these terms and conditions shall remain in full force and effect. We reserve the right to cede, assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to a third party.

Law and Jurisdiction

These terms and conditions, including the Privacy Statement and any matter relating to 'The Site' shall be governed by English law in particular the Licensing Act 2003 in relation to minimum legal age.

Any legal proceeding arising out of or relating to these terms and conditions against or relating to us or any indemnified party under these terms and conditions will be subject to the exclusive jurisdiction of the English courts and you irrevocably consent to the jurisdiction of such courts.

Accounts

Users are responsible for the confidentiality of their account passwords, prevented unauthorised access, and will be liable for any bids place using it.

Registering does not constitute acceptance to bid in an auction. Account holders will only be able to bid after payment of the registration fee, as set out on our fees page.

Sellers

Items should be described and pictured accurately upon submitting them to us. We have the right to refuse items that are in a substandard condition and in these instances all costs of returning the item will be borne by the seller.

Should there be any doubt on the authenticity of an item, the onus is on the seller to prove it. In the event this cannot be done, the item will be returned at the full cost of the seller.

The seller should ensure that relevant insurance cover is provided until it reaches us. We will not be liable for items damaged or broken while in transit to us.

Sellers may withdraw their bottles from the auction up until the point at which it commences. Fees will be applicable as set out on our fees page and the seller shall be liable for all the costs of returning the item.

Submitting bottles to whisky.auction is an acceptance of our fees structure, as set out on our fees page.

Sellers are not permitted to bid on their own items, or permit/encourage their friends and family to do so. Shill bidding will result in the item being withdrawn from the auction immediately, the item returned to the seller at their own cost, a fee being charged and removal of their account.

In cases of recent limited release bottlings, we have the right to restrict acceptance of bottles from a single seller to one bottle per auction.

Sellers will receive payment once we have received cleared funds from the buyer. This may take up to 28 days after the end of the auction. In the event of non-payment from the buyer, we will offer to relist the item in a future auction without further selling charges.

Payments for items sold via whisky.auction to sellers with accounts outside of the UK may incur bank charges, which will be deducted from the amount payable.

Bidders

Bidding on an item is an irrevocable and legally binding contract. In the event of non-payment or breach of this contract, bidders may be prevented from participating in future auctions.

Bidding on items at whisky.auction is an acceptance of our fees structure, as set out on our fees page.

Buyers

The winning bidder (buyer) becomes the legal owner of the item once their payment is accepted.

Customer Contract Regulations 2014 apply. Should an item not match the description or picture on 'The Site', then the buyer has a 14-day cancellation period. Please contact as soon as possible after receiving the item and we will instruct you further.

Payment must be accepted before the item will be shipped. After the end of the auction, buyers will have four working days to make payment.

Buyers collecting their items from Elixir House have 10 working days in which to do so. Payment must have been received in full before the item is released to the buyer.

Under the Sales of Goods Act 1979, we are responsible for the risk of loss or damage in transit until the goods are delivered to UK buyers and postal insurance is included at no extra charge. For deliveries outside the UK, insurance will be charged at the prevailing rate, as set out on our fees page.

We reserve the right to ask first-time buyers for proof of ID – this is both to prevent fraud and underage purchases.

All successful bidders have a 14-day cooling-off period. During this period, if they wish to return any won items, they must notify whisky.auction no longer than 14 days after receiving their items. After notifying us, they have a further 14 days to return the items to us. However:

  • all winning items must be paid for before they are dispatched to buyers
  • all postage/shipping costs will be the responsibility of the buyer if they choose to return their winning items
  • anyone who wins an auction lot but refuses to pay will be banned from whisky.auction immediately with no redress

Delivery

Packages are dispatched via high standard couriers after full payment has been received.

The package must be signed for by a person of the legal drinking age in your country. Proof of ID may be asked for when delivered.

Shipping costs are calculated on a weight basis and typically weigh 1.5kg per full-sized bottle. However, some bottles weigh more than others due to the packaging material. Delivery charges will be based on a package's total weight.

Deliveries can only be made to certain countries. Please see our Delivery page for more information on the countries we ship to, as well as our shipping charges for UK and non-UK deliveries.

British Forces Post Office (BFPO)

  • No products with an alcohol by volume (ABV) over 24% may be sent to a BFPO address.

India

  • Currently we can only deliver to Mumbai, New Delhi, Gurgaon, Noida and Faridabad.

Norway

  • No products with an alcohol-by-volume (ABV) over 60% may be sent to Norway.

Russia

  • Currently we can only deliver to Moscow and Saint Petersburg.

Spain

  • We are unable to deliver your order outside mainland Spain.

USA

  • We are unable to offer delivery to:
    • US Military Bases
    • Alabama
    • Arkansas
    • Iowa
    • Kentucky
    • Massachusettes
    • Mississippi
    • New Hampshire
    • North Dakota
    • Pennsylvania
    • Utah
    • American Samoa
    • Northern Mariana Islands
    • Guam
    • Puerto Rico
    • Virgin Islands

CUSTOMS AND IMPORT DUTIES

Alcohol products sold at whisky.auction are not subject to UK Value Added Tax (VAT), however VAT is payable on any service charges and premiums within the EU. VAT-registered customers may reclaim VAT on service charges but not premiums.

If we are shipping to an address outside the EU, we will not charge VAT. However your order will be subject to local taxes and duties upon arrival in the recipient's country, which are levied once the package reaches customs clearance.

Any additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you will need to contact the recipient's local customs office for further information.

Refusal to pay the local import duties and taxes will result in the goods either being destroyed by customs, or goods being returned to sender at the cost of the consignee.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

© Whisky Auction Ltd trading as whisky.auction, Elixir House, Whitby Avenue, NW10 7SF (registered in England and Wales No. 9365276). All rights reserved.

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Definitions

All references to 'you &/or your' means you and 'we, us, our or company' within this policy means Whisky Auction Ltd (registered in England and Wales No. 9365276) trading as whisky.auction, of Elixir House, Whitby Avenue, NW10 7SF.

Privacy

We take steps to protect your privacy and comply with all applicable UK data protection legislation in place at the time of your use of 'The Site' in respect of any personal information relating to you gathered by us.

The data we collect from you is used solely for the purpose of fulfilling your order or sending you the newsletter. You may be asked to input information about yourself on different pages of 'The Site'. We will never disclose your personal information to any other parties without your consent except as set out in our Privacy Policy or to verify your identification as above. Your credit card information is not retained and is completely removed from our system after your order is processed or cancelled. You have every right to know what information has been held in our system.

Our aim is to protect you and your personal privacy and provide this Privacy Statement in order to help you understand what we may do with any personal information you provide. Provision of personal information will be acknowledged as your acceptance of this Privacy Statement and agreement to our collecting and use / disclose of your personal information only as described in this Privacy Statement.

If you do not agree to this statement, please do not provide your personal details to us. This Privacy Statement forms part of the Terms and Conditions which govern your use of the site.

We reserve the right to amend this Privacy Statement from time to time without notice and at our sole discretion. As such, it is your responsibility to review the Privacy Statement at regular intervals.

What is personal information?

Personal information is information about an identifiable individual, as defined by applicable law.

Collecting personal information

We only collect and hold personal information provided by you. However, there are instances where we may require that you opt to select whether or not you would like to receive information from us or from trusted third parties e.g. to opt-in or opt-out of receiving special promotional offers.

There are some instances where you will not have the option to opt-out, for example when we are satisfying obligations within a contract, administering a transaction requested by you, or as required by law.

You may also elect to provide us with personal information if, for example, you:

  • contact us with an enquiry;
  • register on the site (where applicable);
  • fill out a survey or other form with your personal information included;
  • request us to provide you with information;
  • enter a competition;
  • take advantage of a promotion.

In providing personal information you consent to the transfer of such personal information to, and the collection and processing of such information in, other countries or territories. Any such transfer and processing by us will be in accordance with this Privacy Statement.

Use of cookies on our website

Like most website, 'the site' uses 'cookies' (small data files that our server sends to your browser when you visit the site) to gather and store information about your visit to our website. Primarily we use cookies for the sole purpose of monitoring traffic e.g. the IP address from which you access the site; the location (country) from which you access the site; the type of browser and operating system used to access the site; the date and time of your access to the site; the pages you visit; the Internet address of the website from which you accessed the site; to log repeat visitors for statistical and analytical purposes; to track interaction with online advertising (e.g. to monitor the number of times that a banner ad is displayed and the number of times it is clicked) and to compile and report to third parties aggregate statistics about our users in terms of numbers, traffic patterns and related site information.

In addition, when placing an order the cookies will capture your first and last names, your email address and your customer ID. This information is needed in order to make your visit simple and more efficient. Whisky.auction will never pass any personal information on to any third party apart from aforementioned 'service providers'. Unless you check the box instructing your browser to remember your username and password these cookies will be deleted when you close your browser.

Use of personal information

We may use personal information you provide in a number of different ways to provide specific services requested by you as well as to provide additional services that may be considered of interest to you.

Marketing Communications help us communicate with you about our products and services (and those of our subsidiaries, affiliates, and parent companies and any of their related businesses).

Marketing analysis helps us assess trends or to measure traffic to our websites.

Transactional communications aid us to improve the quality of service in dealing with your queries and requests, updating your account(s) information and to manage transaction specific tasks such as credit card payments for goods or services that you order from us (or our associated companies) or fulfilment of such transactions (e.g. delivery).

Account holders have the right to see all data Whisky Auction Ltd has collected about them. Please write to us at:

Whisky Auction Ltd,
Elixir House,
Whitby Avenue,
NW10 7SF

Disclosure of personal information

We value your privacy and hereby assure you that we will only share your personal information with 'service providers' that provide adequate protection for such information. From time to time we may disclose personal information to:

  • third parties to whom you have provided your consent or who, in our reasonable judgment, are providing or seeking the information as authorised or appointed legal agent acting on your behalf;
  • carefully selected and vetted third parties (including our affiliates) to send you marketing and promotional information that may be of interest to you.
  • a person or entity (including our affiliates) in the event of a sale, merger, consolidation, change in control, transfer of substantial assets, financing, reorganisation or liquidation, whereby we transfer, sell, or assign to such third party information concerning your relationship with us.
  • law enforcement, governmental or regulatory agencies, or other third party in order to comply with law or where we believe such action is necessary in order to comply with law or detect, protect or defend us and/or other third parties against error, negligence, breach of contract, theft, fraud and other illegal or harmful activity, to comply with our corporate policies, procedures, legal and contractual obligations.

In such circumstances such 'service providers' and third parties have agreed not to collect, use or disclose personal information for any purpose other than to perform such functions on our behalf or to provide services to us or as otherwise required by law and will be bound by confidentiality obligations and restrictions on use of personal information.

Security

To keep your personal information secure we have in place appropriate physical, electronic and managerial procedures to safeguard the information you provide. However, we do not have control over the privacy of any communications while in transit to us. As such we ask that you do not include confidential, proprietary or sensitive information in such communications.

Where we believe that the security of your personal information in our possession or under our control may have been compromised, we will endeavour to notify you of such as promptly as possible and, to the extent we have your e-mail address, we will notify you by e-mail.

Permissions

If you have given permission to receive communications about whisky.auction generally through opting to receive news by email you may from time to time receive communications about brands to which you have not opted-in specifically. We will only communicate with you about those brands that we think may be of particular interest to you and all such communications will provide you with the opportunity to opt-out from receiving such communications. If you have any privacy-related questions, concerns or complaints, please contact: Whisky Auction Ltd, Elixir House, Whitby Avenue, NW10 7SF or email: [email protected].

Links

The site may contain links or references to other websites outside of our control. Please be aware that we have no control over these websites and our Privacy Statement does not apply to these sites. We encourage you to read the privacy statements and terms and conditions of linked or referenced websites you enter.

Corked bottles or other liquid faults

Lots are sold to the buyer on an 'as is' basis, with all faults and imperfections. Photographs contained on 'The Site' of any lots are for identification purposes only. They may not reveal the true condition of the lot, or reflect an accurate reproduction of the colours. Lots are available for inspection prior to the sale and it is for you to satisfy yourself as to each and every aspect of a lot. It should be remembered that the actual condition of a lot may not be as good as that indicated by its outward appearance. In particular, the contents of a bottle or decanter may not be visible and may be damaged. Given the age of many lots you should not assume that a lot is in good condition. You should not assume that items produced for consumption will be suitable for consumption and you should obtain advice on their status before doing so. Such items which are unsuitable for consumption are sold as items of interest for display purposes only. If you yourself do not have expertise regarding a lot, you should consult someone who does to advise you.

Forgery Policy for Buyers

We take responsibility for any forgeries sold through Whisky.Auction and agree to refund the Buyer in full within the following conditions:

  • You are the named buyer on the original invoice
  • You notify us in writing as soon as you become aware the lot may be a forgery, and within one year after the sale, and within one month of this notification you return the lot to us in the same condition as it was at the time of the sale, accompanied by sale and lot number details and written evidence that the lot is a forgery
  • You authorise us to carry out processes and tests on the lot as we in our absolute discretion consider necessary to satisfy ourselves that the lot is or is not a forgery.

If we are satisfied the lot is a forgery we will:

  • Purchase the lot from you and you will transfer the title of the lot to us
  • Pay to you an amount equal to the sum of the Purchase Price, Buyer's Premium, VAT and delivery expenses in respect of the lot.

If you sell or otherwise dispose of your interest in the lot, all rights and benefits under our forgeries policy for buyers will cease.

Forgery Policy for Sellers

If, having been reasonably satisfied that a lot is a forgery, we have purchased the lot from the buyer (within two years after the lot was sold to the buyer):

  • You undertake to repurchase the lot from us on demand for an amount equal to the sum of the Purchase Price, Buyer's Premium, VAT and delivery expenses in respect of the lot, together with interest (at an annual rate equal to 5% above National Westminster Bank Plc's base lending rate) from time to time to be calculated on a daily basis from the date upon which we demanded payment from you until the date of actual payment.
  • On completion of payment to us you will be entitled to collect the lot and we will transfer to you the full sum and rights and interest in the lot which we have obtained from the buyer. The transfer will count as a sale of the lot.
  • You authorise us to carry out processes and tests on the lot as we in our absolute discretion consider necessary to satisfy ourselves that the lot is or is not a forgery.

Fraud

In the event of any fraud by you or on your behalf which has induced the buyer to purchase the lot, we will be entitled at our discretion and irrespective of whether we are personally liable to the buyer to act in any reasonable manner which appears to us to be best calculated to compensate the buyer (which may include but is not limited to buying the lot back from the buyer). You authorise us to carry out processes and tests on the lot as we consider necessary to establish whether this is necessary.

Depending on the extent and severity of the fraud, and the awareness of this fraud by the seller, this fraud may be reported to the police authorities for further investigation and possible prosecution.

© Whisky Auction Ltd trading as Whisky.auction, Elixir House, Whitby Avenue, NW10 7SF (registered in England and Wales No. 9365276). All rights reserved.

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