"Client","You" and "Yours" refers
to you, the individual accessing this website and accepting Scotch Whisky
Auctions Terms and Conditions.
and "Us" refers to Scotch
is the person who has successfully bid on a Lot.
is the person who offers the Lot for sale.
any bottle of whisky, miniature, decanter or whisky-related item consigned to
us with a view to its sale by auction online. Miniatures from the same Seller
shall be deemed to be a "Lot"
for the purposes of these Terms and Conditions. Where a Seller wishes two or
more items to be sold together then these shall also be deemed to be a "Lot" for the purposes of these
Terms and Conditions. Where a Seller wishes two or more items to be sold
separately these shall be deemed to be separate "Lots" for the purposes of these Terms and Conditions.
“Legal Age” Any
alcohol may ONLY be purchased AND/OR sold by to persons who are at least
eighteen (18) years old in the United Kingdom or such other minimum age as is
required in foreign jurisdictions “Legal
the delivery company used by Scotch Whisky Auctions to fulfil delivery of Lots.
This will vary according to location of delivery address.
LEGAL AGE OF BUYERS
By accessing this website and / registering to use the Website as a
Buyer or Seller, you confirm that you are the Legal Age.
Any alcohol may only be purchased by persons who are the Legal Age. Any registered User who bids on Lots listed
by the Company agrees that any alcohol received as a Buyer will only be
consumed by persons who are the Legal Age.
Any alcohol may only be sold by persons who are the Legal Age.
At delivery to the Buyer, any shipment containing an alcoholic beverage
will require the signature of persons who are the Legal Age. Proof of age may
be required by the Courier. If this is not shown, delivery may be refused by
the Courier at their discretion.
The laws of Scotland govern these terms and conditions. By accessing
this website, and using our services/buying our products, you consent to these
terms and conditions and to the exclusive jurisdiction of the Scottish courts
in all disputes arising out of such access.
In the event that any of these terms are deemed invalid or unenforceable
for any reason then the invalid or unenforceable provision will be severed from
these terms and the remaining terms will continue to apply.
Failure of the Company to enforce any of the provisions set out in these
Terms and Conditions and any Agreement, or failure to exercise any option to
terminate, shall not be construed as waiver of such provision and shall not
affect the validity of these terms and conditions or of any part thereof, or
the right thereafter to enforce each and every provision
Client records are regarded as confidential and therefore will not be
divulged to any third party. We reserve
the right to do so if legally required by appropriate authorities.
Clients have the right to request sight of, and copies of any and all
Client Records we keep, on the proviso that we are given reasonable notice of
such a request.
Clients are requested to retain copies of any literature issued in
relation to the provision of our services. Where appropriate, we shall issue
Clients with appropriate written information, handouts or copies of records as
part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third
party or use your email address for unsolicited mail, other than to inform your
of upcoming auctions Any emails sent by this Company will only be in connection
with the provision of agreed services and products.
The information on this web site is provided on an "as is"
basis. To the fullest extent permitted by law, this Company:
excludes all representations and warranties relating to this
website and its contents or which is or may be provided by any affiliates or
any other third party, including in relation to any inaccuracies or omissions
in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in
connection with your use of this website. This includes, without limitation,
direct loss, loss of business or profits (whether or not the loss of such
profits was foreseeable, arose in the normal course of things or you have
advised this Company of the possibility of such potential loss), damage caused
to your computer, computer software, systems and programs and the data thereon
or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted
by law. None of your statutory rights as a consumer are affected.
If you are a successful seller, we will not process your payments until
the buyer has paid us, has received their bottle(s) and is satisfied that our
descriptions were accurate. Payments will begin three weeks after an auction
ends. In the event of a dispute arising over the provenance or authenticity of
any bottle, if it cannot be proved to be genuine, it will be returned to the
seller and no monies will be due.
The Seller will be charged 0% of the hammer price as the
commission rate. Additional fees are £5
per lot (plus VAT) and £5 reserve per lot if required (plus VAT).
Payment can be made via Cheque, PayPal, or Bank Transfer. International bank transfers may incur an
additional fee which will be deducted from the Seller’s payment. We also use Transferwise and encourage
International Sellers to do so to reduce the currency fees.
Sellers are expressly forbidden from bidding on their own bottles. Any
bottles found to have been subjected to this will be withdrawn.
Authenticity of the
In the event of a dispute arising over the provenance or authenticity of
any Lot, if it cannot be proved beyond reasonable doubt to be genuine ( and we
shall be the sole judge as to authenticity and our decision shall be final) the
Lot will be returned to the Seller and no monies will be due to either party.
We reserve the right to refuse any item for auction. This decision is
final. This includes, but is not
limited to, Bell’s decanters and cream whisky liqueurs amongst others. Any
items of merchandise much be officially produced or will be refused for auction.
As and when appropriate, We reserve the right to limit Lot entries for
auction in the instance of a special or limited release. These releases may be limited to one bottle
per person per auction for the first 3 months following the release.
We reserve the right to charge for admission into auction, even if the Seller removes the item from sale. This admin charge is £5 (+ VAT) and will be due before any return of withdrawn items.
Restrictions regarding reserves on Lots
Reserves are placed at the discretion of the Company. Our policy is:
- No reserves under £100 per lot
- Reserves are not to be higher than 80% of a previous sale.
All decisions are made by the discretion of the Directors and is can be subject to change without prior warning.
BIDDERS / BUYERS
Scotch Whisky Auctions
All bidders are required to be registered on the site. For this Bidders are required to pay a one
off fee of £5 (plus VAT). This is
A bid is an irrevocable offer made by a Bidder to buy the listed Item
If an incorrect amount has been lodged in error, contact the company as
soon as possible. If it does not interfere with the smooth running of the
auction the company may consider retracting or reducing the bid to the winning
bid amount at that point. Bids cannot otherwise be retracted. The company
reserve the right to prevent the bidder from any future participation in as a
result of bid retraction
Once the auction has ended, the winning bid cannot be retracted
Please examine the images of the bottle, packaging and labels carefully
and satisfy yourself as to their condition before making a bid. Once a bid has
been made, no claims will be entertained for damage that was evident before the
bid was made, whether it was explicitly mentioned or not.
You acknowledge that under The Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013, s28 (1)(d)(i) &
(iii) refunds do not apply to the sale of alcoholic beverages by Auction and
thus do not apply to this website or any transactions completed through it.
Bidders are required to conduct their own research and due
diligence. All Items are sold on an “as
Payment must be completed in full within seven days. All goods remain
the property of the Company until paid for in full.
Cash or Personal Cheque with Bankers Card, all major Credit/Debit Cards,
Bankers Draft or BACS Transfer are all acceptable methods of payment.
Returned cheques will incur a £25 charge plus VAT to cover banking fees
and administrative costs. In an instance of a second Returned cheque, we
reserve the right to terminate the arrangement and, if agreed to, we shall
insist on future cash transactions only. Consequently, all bookings and/or
transactions and agreements entered into will cease with immediate effect until
such time as any and all outstanding monies are recovered in full.
Buyers will be charged a premium of 10% of the hammer price (plus VAT)
in addition to the Lot price.
All payments made late i.e later than 7 days after the auction, will
incur a late payment fee of 3% in addition to the order total. Removal of this
fee is at the discretion of the Directors and this decision is final.
If there has been no payment within seven days (unless previously agreed
by us), and at our absolute discretion, we may decide to cancel the contract
and offer the bottle(s) for sale at a future auction(s).We reserve the right to
seek recovery of any monies remaining unpaid sixty days from the date of
invoice via Collection Agencies and/or through the Small Claims Court in the
event that the outstanding balance does not exceed £3000. In such
circumstances, you shall be liable for any and all additional administrative
and/or court costs.
Scotch Whisky Auctions Ltd does not hold any credit card records for
people who use this site. If you buy at auction using a credit card, you will
be taken to a secure third party site which handles all our transactions. Your
credit card information is never seen by us.
Delivery of Lots
Delivery via courier will incur additional charges. These are set by the Company and are final.
An up to date price list is on the Website and can also be obtained by request
from the Office.
Buyers are welcome to collect their Lots in person at the Office address
during opening hours; Monday to Friday 10am – 5pm (to comply with licensing
laws). You may assign another person to
collect on your behalf, with prior notice given to the office.
Buyers should be aware that it may take up to 14 working days from receiving payment before the bottles are dispatched. The Company aims to dispatch orders as quickly as possible but Buyers should be aware of this during times when there are high levels orders.
A signature is required at the point of delivery. If the Buyer is not available to receive the order, a suitable person of Legal Age must be available to sign as per the Courier's terms. If the Buyer chooses to have the order left at a location then the Company do not accept any liability for loss or damage of the Goods.
Some International deliveries may incur local customs charges. We are
not responsible for the payment of any local Customs or Duties. All invoices
will be stated at their true value, no exceptions will be made. By bidding in
the auction you are accepting full responsibility for these charges.
Insurance / damage
This is offered to UK & EU customers through our courier at a cost
of 3% of the hammer price. This Insurance premium will attract VAT here
applicable. Customers from all other
countries are able to take out insurance with Angels' Share Scotland Ltd at the
If Buyers do not want to take out insurance, this must be selected at
the checkout stage of the purchase.
If the shipment is received and appears to be damaged, it is the
responsibility of the Buyer to sign the courier's sheet in accordance with the
actual condition. It is not sufficient to sign "unexamined".
If for any reason damage does occur, it is essential that You contact Us
as soon as possible. Photos of the damage must be sent via email to
No refunds will be given if there is no evidence provided of the damage
/ breakage of the bottles. We are unable to offer refunds for orders which
sustain damage in transit that do not have insurance cover.
as to the shipping and conditions of the goods
Due to the various ages of bottles and their seals, no claim can be
lodged against failure/leakage in transit.
Every effort is made by Us to ensure that the Lots reach You in good
condition, the age of the bottle notwithstanding.
Minimum 24 hours notice of cancellation required. Notification for
instance, in person, via email, mobile phone ‘text message’ and/or fax, or any
other means will be accepted subject to confirmation in writing. We reserve the
right to levy a £30 charge to cover any subsequent administrative expenses.
Agreements and Refunds Policy
Both the Client and we have the right to terminate any Services Agreement
for any reason, including the ending of auctions that are already underway. No
refunds shall be offered, where an auction is deemed to have begun and is, for
all intents and purposes, underway. Any monies that have been paid to us which
constitute payment in respect of the provision of unused services shall be
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 endeavors to comply with the
terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any
provision of this or any Agreement or the failure of either Party to exercise
any right or remedy to which it, he or they are entitled here under shall not
constitute a waiver thereof and shall not cause a diminution of the obligations
under this or any Agreement. No waiver of any of the provisions of this or any
Agreement shall be effective unless it is expressly stated to be such and
signed by both Parties.
You are solely responsible for evaluating the fitness for a particular
purpose of any downloads, programs and text available through this site.
Redistribution or republication of any part of this site or its content is
prohibited, including such by framing or other similar or any other means,
without the express written consent of the Company. The Company does not
warrant that the service from this site will be uninterrupted, timely or error
free, although it is provided to the best ability. By using this service you
thereby indemnify this Company, its employees, agents and affiliates against
any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s
movement, and gather broad demographic information for aggregate use. IP
addresses are not linked to personally identifiable information. Additionally,
for systems administration, detecting usage patterns and troubleshooting
purposes, our web servers automatically log standard access information
including browser type, access times/open mail, URL requested, and referral
URL. This information is not shared with third parties and is used only within
this Company on A need-to-know basis. Any individually identifiable information
related to this data will never be used in any way different to that stated
above without your explicit permission.
Like most interactive web sites this Company’s website [or ISP] uses
cookies to enable us to retrieve user details for each visit. Cookies are used
in some areas of our site to enable the functionality of this area and ease of
use for those people visiting. Some of our affiliate partners may also use
LINKS TO THIS
You may not create a link to any page of this website without our prior
written consent. If you do create a link to a page of this website you do so at
your own risk and the exclusions and limitations set out above will apply to
your use of this website by linking to it.
LINKS FROM THIS
We do not monitor or review the content of other party’s websites which
are linked to from this website. Opinions expressed or materials appearing on
such websites are not necessarily shared or endorsed by us and should not be
regarded as the publisher of such opinions or material. Please be aware that we
are not responsible for the privacy practices, or content, of these sites. We
encourage our users to be aware when they leave our site & to read the
privacy statements of these sites. You should evaluate the security and
trustworthiness of any other site connected to this site or accessed through
this site yourself, before disclosing any personal information to them. This
Company will not accept any responsibility for any loss or damage in whatever
manner, howsoever caused, resulting from your disclosure to third parties of
Copyright and other relevant intellectual property rights exist on all
text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the
United Kingdom and other countries. The brand names and specific services of
this Company featured on this web site are trademarked.
The Company reserves the right to change these conditions from time to
time as it sees fit and your continued use of the site will signify your
acceptance of any adjustment to these terms. If there are any changes to our
page and on other key pages on our site. If there are any changes in how we use
our site customers’ Personally Identifiable Information, notification by email
or postal mail will be made to those affected by this change.
prior to these changes taking place. You are therefore advised to re-read this
statement on a regular basis.
These terms and conditions form part of the Agreement between the Client
and Scotch Whisky Auctions Ltd, www.scotchwhiskyauctions.com, and
www.scotchwhiskyauction.com Your accessing of this website and/or undertaking
of booking or Agreement indicates your understanding, agreement to and
acceptance, of the Disclaimer Notice and the full Terms and Conditions
contained herein. Your statutory Consumer Rights are unaffected.
Scotch Whisky Auctions does collect and analyse information from people
who visit our site. Information tracked may include your Internet address and
which pages you visited. Personal information, such as your name and email
address, is not stored in this process. By using www.scotchwhiskyauctions.com,
you agree to allow us to collect this information about your use of our site.
Scotch Whisky Auctions Ltd may send email notices about new services or
information to those who have registered with an email address. If you ever
wish to be excluded from these mailings, please send an email message to
email@example.com with a request that you be dropped from future
At any time, users may request that their information be removed from
our database by sending an email to firstname.lastname@example.org. After you have been removed from our files,
certain portions of our website may no longer be available to you.
Users may also request a copy of all information Scotch Whisky Auctions
Ltd has collected about them by signing and mailing a letter of request to the
address listed below.
Scotch Whisky Auctions Ltd recognises your right to privacy. Any
information we collect about you remains private and is in accordance with the
Data Protection Act. Certain portions of our web site
(www.scotchwhiskyauctions.com) may require you to sign in or create an account.
Your private information (which may include your name, address, email address,
and other information) is not shared with any individuals or organisations
outside of Scotch Whisky Auctions Ltd unless you have authorised us to do so.
This company is registered at c/o Henry Brown & Co, 26 Portland Rd,
Kilmarnock KA1 2EB, Number 383924,.
Scotch Whisky Auctions Ltd
Unit C 139 Lancefield Street
Glasgow G3 8HZ
Tel: +44(0) 141 243 2585
© Scotch Whisky Auctions Ltd 2017 All Rights Reserved