Auctions Terms & Conditions
- What these terms cover. These are the terms and conditions that apply to all users of www.whiskyshop.com/auctions (“this site”).
- Why you should read them. Please read these terms carefully before you register with us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- This is our entire agreement with you. These terms constitute the entire agreement between us in relation to your use of this site and the services we supply. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or misstatement made or alleged to be made in any dealings with us concerning this site and the services we supply.
Information about us and how to contact us
- Who we are. We are Glenkeir Whiskies Limited a company registered in Scotland, trading as “The Whisky Shop Auctions” and/or “The Whisky Shop”. Our company registration number is SC261795 and our registered office is at Suite 2 (Ground Rear), Melisa House, 3 Brand Place, Brand Street, Glasgow G51 1DR, which is our main trading address. Our registered VAT number is 829 8429 79
- We/us, you/your. All references to “we, us, or the company” in these terms shall mean us as described in 2.1 above. All references to “you or your” herein shall mean you.
- How to contact us. You can contact us by telephoning our customer service team at +44(0)141 427 2950 or by writing to us at [email protected] or to our registered office.
- How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your online registration form.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- In the UK it is illegal for:
- any person under the age of 18 to buy (or to attempt to buy) alcohol for themselves or for any other person under the age of 18; and
- an adult to buy (or to attempt to buy) alcohol for any person under the age of 18.
- This site is intended to be used by individuals of legal drinking age in their country of residence or the legal jurisdiction from which they are accessing this site. By accessing this site and/or registering with us you promise to us that it is lawful for you to bid for the relevant product in the country where you place the order and for the recipient to receive the relevant product in the destination country. If you breach this promise, we may end our contract with you and charge you reasonable compensation for the net costs which we incur. We may deduct the compensation payment from the bank account which you used to access your account. We may make that deduction from that bank account in more than one payment.
- We reserve the right to ask for identification of age at any time, including when items are dropped off or delivered.
- In the UK it is illegal for:
- Auction items may vary slightly from their pictures. The images of auction lots on this site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display will accurately reflect the condition and appearance of the product. The actual product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display will accurately reflect the condition and appearance of the pack. The actual pack may vary slightly from those images.
- Product description. The description we give for any auction item will be done in good faith and according to how the item appears to us, based prima facie on the information stated on its labels and other packaging. No guarantee of accuracy is given nor should be relied on and, as purchaser, you buy on the item’s appearance to you.
- Distillery notes. Where we provide distillery notes in relation to any auction item, these are done in good faith and according to our knowledge at the time. No guarantee of accuracy is given.
- Tasting notes. Where we provide tasting notes in relation to any item these are written by our own tasting team. However, different people will have a different experience of the same product as tasting is a subjective process. The tasting notes do not form part of the description of any product.
Our contract with you
- If you are a seller. Upon registration with this site we provide an online auction service for any auction items submitted by you and accepted by us on the terms and conditions we set out from time to time in this site. Acting as your agent we will expose your auction items for sale on this site. The selling process is outlined in How to Sell. Our transaction fees and charges from time to time shall apply.
- If you are a buyer. Upon registration with this site we provide an online auction service to allow you to bid for and purchase auction items on the terms and conditions we set out from time to time in this site. Acting as your agent we will help secure the purchase of an auction item where you have been the successful bidder. The buying process is outlined in How to Buy. Our transaction fees and charges from time to time will apply.
Use of this site
These terms and conditions should be read in conjunction with:
- Our terms and conditions for whiskyshop.com
- Our website acceptable use policy
Terms particular to sellers
- The transaction fees and charges applicable to sellers from time to time are set out in Fees for Sellers. These fees apply as soon as the seller submits an item that we accept for sale.
- When auction items are submitted to us, we will use our best endeavours to describe and photograph them accurately. In the event of manifest error in the photography or description of any item we will use all reasonable endeavours to correct such error as soon as reasonably practical. If an error can reasonably be considered to be material the seller can ask, or we may volunteer, to remove the affected item from the sale process and re-enter it at a later date at no additional cost to the seller.
- Items sent to us for auction shall be at the sole risk of the seller. The seller, if self-packing, should ensure that the packaging is robust, secure and fit for the purpose of transporting a breakable item. If items are dropped off at any of our stores or collection points, we will offer an insured courier service, which the seller will have the option to purchase. We shall have no liability for any loss or damage of items in transit.
- When we receive an item for auction, we shall submit to the seller a condition report and, if requested, a non-binding pre-auction estimate and a recommended reserve The item will not go on sale until the seller has confirmed understanding and instructed us to proceed.
- The seller may withdraw an item from auction at any time before the date nominated for it to go on sale. Transaction fees shall apply, including any delivery costs if the item is to be returned.
- We may in our sole discretion decline to accept any item for auction. We also reserve the right to postpone the sale process in circumstances where we consider that there are too many of the same items up for sale at any one time.
- A seller shall not under any circumstances place a bid on his/her own lot, nor encourage third parties to do so, nor collude with third parties to influence its bidding value.
- When an item goes on sale the seller is irrevocably committed to the auction process and, (subject to it meeting its reserve) is bound to sell the item at the hammer price, less applicable fees and charges.
- If an item fundamentally does not match the description or picture on this site, the seller has a right to reject it within 14 days of delivery. If this occurs, the seller’s account will be adjusted.
- If in our sole discretion we consider that an item is fake, forged or tampered with, or that its authenticity is compromised any way, we shall exclude it from the sale. If we are of the opinion that the item is unquestionably fake, in accordance with the law, we will destroy it and the seller will have no recourse for losses of any nature. If the item is doubtful or has been tampered with or its authenticity questionable, it will be returned to the seller at the seller’s cost.
- If an item is sold and subsequently discovered to be a fake or forged or tampered with, the seller will be liable to compensate the buyer fully for the purchase price paid and all direct costs, fees and commissions incurred by the buyer.
- When received in our auction premises, all items will be insured for fire, theft and accidental damage.
Terms particular to buyers
- The transaction fees and charges applicable to buyers from time to time are set out in Fees for Buyers. When you register and participate in the auction process you commit to any and all transaction fees and costs that follow.
- A bid on any item is an irrevocable offer to purchase the item at the price stated on this site at the time.
- Subject to 8.4, below a bid that becomes the hammer price is an irrevocable commitment by the buyer to purchase the item at the hammer price and settle all applicable transaction charges.
- Subject to 8.5 and 8.6 below, should an item fundamentally not match the description or picture on this site, the buyer has a 14-day cancellation period from the date of delivery to the buyer.
- Lots are displayed and sold on our site in the condition they are in at the time of sale and as seen by the buyer. Neither we nor the seller make any representation as to quality or condition.
- Whilst we will use all reasonable endeavours to accurately describe and display each lot on our site, the precise appearance and state of condition may not be fully revealed to the buyer. In particular old corks and closures may have leaked or may leak whilst in transit. Bidders are welcome to inspect individual lots at our central warehouse.
- Payment must be received by us before the item will be shipped. After the end of the auction, buyers will have seven working days to make payment.
- If you are a successful bidder you may opt to have the item shipped at your risk and cost to your nominated address, or you may opt to have it stored in our Auction House, (charges apply) or you may collect it from our Auction House. Whichever option you choose, you must instruct us within 10 days of the date of purchase and items to be collected must leave our Auction House no later than 14 days from the date of purchase.
- If you choose to have your item(s) stored in our Auction House they must be collected after 90 days. We will issue a reminder towards the expiry of the 90-day period. If an item remains uncollected from our Auction House after one year, we reserve the right, upon giving you not less that 21 days prior notice, to put the item back into auction and credit to your account with the sale proceeds, whatever they may be, net of auction charges. You will have no recourse against us for losses of any kind.
- All deliveries to buyers are at their risk and insurance cover is available. We offer an optional risk-free loss and breakage cover for shipping at a cost of 3% (+VAT) of the hammer price. This policy is provided by The Whisky Shop Auctions and covers loss of items or breakage in transit. The policy does not cover any capsule/cork failure or any cosmetic damage to the bottle carton/tin/boxes or any damage to wax seals that occurs in transit. You can select this policy during the delivery step in the checkout process.
Orders sent by Standard Shipping without loss and breakage cover are covered only by our courier’s standard liability insurance, which includes loss of parcel but not breakage of glass. In the event of a breakage, we will enter a claim for compensation with the courier on your behalf. The claims process takes 7 days with the courier, after which we will be in contact with you. Compensation is not guaranteed by this method, so the additional loss and breakage cover is available for additional peace of mind.
- If an item purchased by you is subsequently discovered to be a fake, forgery or have been tampered with, on your behalf, we will seek to reclaim from the seller a refund of the purchase price plus all direct selling costs under these terms and conditions. If the seller fails to make reparation within 28 days of our claim, we will pay to you the amount claimed and pursue the seller on your behalf.
- As a seller you undertake and warrant to us and to all bidders of your lot that:
- You are the sole legal owner of all items submitted, free from any encumbrance or third party interests or rights.
- Alternatively, you have clear and unconditional authority to sell on behalf of another.
- All or any export or import duties and taxes applying to the items have been paid or discharged.
- the items submitted have not been opened, altered or tampered with in any way.
- No concerns of any nature have been expressed by third parties relating to the condition, provenance, authenticity, age, suitability, quality and origin of the items.
- you have notified us of present or past owners or any association with people or events of note (including any concerns expressed by third parties) in relation to the items
- There is no legal reason why the items should not be exposed for public sale and there are no restrictions affecting their exposure on this site.
- There is no fact or information concerning the items that, if we knew, would affect our willingness to expose any of them for sale on this site.
- As a buyer you undertake and warrant to us that:
- You have the financial means to settle your account with us.
- Your finances are not the proceeds of crime or money laundering.
- You are not purchasing on behalf of a person under the legal drinking age.
- In dispatching any item to you we are not breaching any law or regulation.
- In bidding you are not colluding with other parties.
- In bidding you are not seeking to manipulate the market price of any item.
- There is no fact or information about you or your intentions that, if we knew, would affect our willingness to accept your registration and allow you to bid on this site.
- In the event of any breach of any of the foregoing warranties the party in breach will indemnify us against the costs of any claim made against us as a result of the breach, including all costs that we incur, including legal costs, from having to rectify the breach or defend ourselves from any action or other proceedings.
- As a seller you undertake and warrant to us and to all bidders of your lot that:
- Buyers must settle their account promptly when due.
- Sellers will receive payment once we have received cleared funds from the buyer. This may take up to 28 days after the sale date. In the event of non-payment from the buyer, we will offer to relist the item in a future auction without further selling charge.
- Deliveries that we make will be via a recognised national courier service or by Royal Mail. Our Delivery Page contains details of where we ship to and current delivery charges.
- Buyers and sellers should satisfy themselves on the taxation treatment of buying and selling items at auction. Our understanding is that auction items do not attract VAT in the UK.
- Our fees for services are subject to VAT for shipments to all EU addresses. VAT will not be added to shipments outside the EU, but these will be subject to all applicable local taxes, for which we take no responsibility.
- Customs policies vary widely from country to country.