Terms and Conditions

Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SITES

WHAT’S IN THESE TERMS?
These terms tell you the rules for using our websites www.whisky-online.com, www.whisky-onlineauctions.com and any sub-domains thereof (our “Sites”).

WHO WE ARE AND HOW TO CONTACT US
www.whisky-online.com and www.whisky-onlineauctions.com are Sites operated by Whisky-Online.com Limited ("We"). We are registered in England and Wales under company number 05974614 and we have our registered office at Units 1-3 Concorde House, Charnley Road, Blackpool, Lancashire, United Kingdom, FY1 4PE.
To contact us, please email: info@whisky-online.com.

BY USING OUR SITES YOU ACCEPT THESE TERMS
By using our Sites, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our Sites.
We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These terms of use refer to the following additional terms, which also apply to your use of our Sites:
Our Privacy Notice which explains how we process any personal data we collect from you, or that you provide to us.
Our Auction Terms and Conditions which explains how our auctions operate, and your rights as a buyer or seller in our auctions.
Our Online Shop Terms and Conditions which explains how you may purchase products from us and your rights as a buyer.
[Our Cookie Information, which sets out information about the cookies used on our Site.]
If you purchase, sell or place a bid on a product on our Sites, the relevant terms shall apply. If there is any conflict between the Auction Terms and Conditions and these Website Terms of Use, then the Auction Terms and Conditions shall apply. If there is a conflict between the Online Shop Terms and Conditions and these Website Terms of Use, the Online Shop Terms and Conditions shall take priority.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you set up an account with us, you will be provided with a user login and will be asked to create a password as part of our security procedures. You must treat this information as confidential. You must not disclose this information to any third party.
We have the right to disable any user account if it is in our reasonable opinion that you have failed to comply with any of the provisions of these Website Terms of Use.
If you know or suspect that a third party knows your user login or password, you should notify us promptly at info@whisky-online.com.

WE MAY MAKE CHANGES TO OUR SITES AND THESE TERMS
We may update and make amendments to our Sites and these terms of use from time to time to reflect changes to our products, our users’ needs and our business priorities. Please check these terms of use every time you use our Sites to ensure that you understand the terms of use that apply to you at the time.

WE MAY SUSPEND OR WITHDRAW OUR SITES
Access to our Sites is made available free of charge.
We do not guarantee that our Sites, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

DO NOT RELY ON INFORMATION ON THIS SITES
The content on our Sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Sites.
Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Sites is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR ANY WEBSITE WE LINK TO
Where our Sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.

RULES ABOUT LINKING TO OUR SITES
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Sites in any website that is not owned by you.
Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page unless expressly agreed with us.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these Website Terms of Use.
If you wish to link to or make any use of content on our Sites other than that set out above, please contact us.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
If you have purchased products from us or have sold products through us, then our liability will be set out in our Online Shop Terms and Conditions or our Auction Terms and Conditions.
If you are a consumer user:
please note that we only provide our Sites for domestic and private use. You agree not to use our Sites for any commercial and business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption of loss of business opportunity.
If you are a business user:
we exclude all implied conditions, warranties, representations or other terms that may apply to our Sites or any content on it.
we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use our Sites; or
use of or reliance on any content displayed on our Sites.
In particular, we will not be liable for:
loss of profits, sales, business or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

PROHIBITED USES OF OUR SITES
You may only use our Sites for lawful purposes. You may not use our Sites for any of the following:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purposes or effect;
for the purposes of harming or attempting to harm minors in any way;
to transmit, or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“Spam”);
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time- bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Software”).
You also agree:
not to reproduce, duplicate, copy or re-sell any part of our Sites in contravention of the provisions of these terms;
not to access without authority, interfere with, damage or disrupt:
any part of our Sites;
any equipment or network on which our Sites are stored;
any software used in the provision of our Sites; or
any equipment or network or software owned or used by any third party.

MALICIOUS SOFTWARE
We do not guarantee that our Sites will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Sites. You should use your own virus protection software.

SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of these Website Terms of Use through your use of our Sites. When a breach of these Website Terms of Use has occurred, we may take such action as we deem appropriate.
Failure to comply with these Website Terms of Use may result in our taking all or any of the following actions:
immediate, temporary or permanent withdrawal of your right to use our Sites.
immediate, temporary or permanent removal of any posting or material uploaded by you to our Sites.
issue of a warning to you.
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
further legal action against you.
disclosure of such information to law enforcement authorities as we reasonably feel necessary.
We exclude liability for actions taken in response to breaches of these Website Terms of Use. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
If you are a consumer, please note that these Website Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you live outside the United Kingdom, but within the European Union, then you may be able to bring proceedings in your local courts under the consumer protection laws applicable in your country.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You and we each irrevocably agree, for our sole benefit that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation. Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

Online Shop Terms and Conditions 

THESE TERMS
These are the terms and conditions by which we supply goods to you.
Please read these terms carefully before you place an order with us. These terms will set out who we are, how we will provide goods to you, what to do if there is a problem, and other important information. If there are any details you need further information on, please contact us.

INFORMATION ABOUT US AND HOW TO CONTACT US
We are Whisky-Online.com Limited a company registered in England and Wales. Our company registration number is 05974614 and our registered office is at Units 1-3 Concorde House, Charnley Road, Blackpool, Lancashire, United Kingdom, FY1 4PE. Our registered VAT number is 534352950.
You can contact us by phone on 01253 620376 or by email to info@whisky-online.com
We may contact you by telephone or in writing to the email address provided in your Whisky Online account.
When we use the words “writing” or “written” in these terms, this includes emails.

OUR CONTRACT WITH YOU
Our acceptance of your order will only take place when we send you an order dispatch email, at which point a contract will have been formed between you and us.
If, for any reason, we are unable to accept your order, we will inform you of this and will not charge you for the goods. This may be because the goods are out of stock; because of unexpected limits upon our resources which we could not reasonable plan for; or because we have identified an error in the pricing or description of the goods.
You will be assigned an order number within your order acknowledgement email. You should cite your order number when contacting us about your order.
We do accept orders from outside of the UK; however delivery costs may vary depending upon your location. For more information on the locations we deliver to, and the delivery charges, please our [delivery] page.
OUR Goods
The goods will be as described on our site listing in all material respects however they may vary slightly from any pictures of the goods or their packaging displayed on our site.
Some of the goods listed on our site may be pre-owned. If goods are pre-owned, then this will be detailed in the description of the goods on the listing.
YOUR RIGHT TO cancel your order
Under the Consumer Contracts Regulations 2013 you are given a statutory right to cancel online orders at any time up to 14 days following delivery of your goods and receive a refund. If you want to change your mind about your order, please [contact us] as soon as possible within such timeframe. If you call us to discuss cancellation of your order we will need some written confirmation from you that this is the case.
If you cancel your order after goods have been dispatched to you, you will be responsible for returning them to us. Please see section 8 for more details as to how to return goods to us. You will not be able to return goods to us if you have broken any seals on the packaging.
Where you are exercising your right to change your mind, we may reduce your refund of the price to reflect any reduction in the value of the goods caused by you handling them in any manner which would not be acceptable in a shop. Please see section 8 for more details on how we handle returns and refunds.

PRICE AND PAYMENT
The prices of the goods are listed on our site. The price listed is inclusive of VAT; however a VAT exclusive figure is also listed on the goods page. Details of our delivery charges can be found on our [Delivery] page, and will be notified at the time of placing your order and selecting your delivery option.
We take reasonable care to ensure that all the prices listed are correct at the time at which they are listed, however, it is possible that we may, despite our best efforts, list goods with an incorrect price. If the price listed is below the actual price of the goods, we will not accept your order. We will give you written notice if you have placed an order for goods which have been incorrectly priced, and will refund any sums you have paid.
Payment must be made in full when you complete your order. If you do not make payment in full your order will not be processed, and if it has already been accepted then we may end the contract without liability to you.
If you suspect any invoice or amount charged is incorrect, you should contact us promptly to notify us.
PROVIDING THE goods
We will dispatch the goods to you in accordance with the delivery options that you have selected when placing your order. Further details of delivery options can be found on our [delivery] page.
If our supply of the goods is delayed by an event outside of our control, then we will inform you as soon as reasonably possible in writing, and let you know of any steps that may be taken to minimise the delay. Provided we notify you of the delay, we will not be held liable for delays caused by the event outside of our control. If there is a risk of a substantial delay, then you may contact us to end the contract and receive a refund for any of the goods you have paid for but have not yet received.
You have the option to collect the goods from our premises. You will be able to collect your order from our premises at any time during our normal working hours of [9am to 5pm] on weekdays (excluding public and bank holidays) [and Saturdays].
If you do not collect the goods from us as pre-arranged or any goods are returned to us due to unsuccessful delivery then we will contact you for further instruction. We may charge you for storage costs and any further delivery charges. Please see our [delivery] page for details of our storage costs. If we are unable to contact you or re-arrange delivery or collection of the goods within a reasonable timescale, then we may end the contract and will reimburse you for the purchase price, less any delivery charges and/or storage costs incurred.
The goods will become your property on the later of the goods having been delivered to your delivery address; when the goods are collected from us by you, or by a carrier organised by you; and you paying for the goods in full.
We may suspend the supply of goods to you if:
the goods’ packaging needs updating to reflect changes in relevant legislation and regulatory requirements;
you have requested amendments to be made to your order; or
you do not pay in full, the cost of the goods upon ordering.
We will contact you in advance to notify you that we will be suspending the supply of your goods, unless the reason for the suspension is urgent. You may contact us to end the contract if we have suspended the supply, or we have informed you that we intend to end the contract. We will provide you with a refund for any sums you have paid for the goods.
Returning goods and complaints
If you have any queries or complaints about the goods, please [contact us].
If you are a consumer (i.e. you are an individual purchasing goods for private use and not as part of any trade or business) then you benefit from certain consumer protection rights. These are summarised below, but for detailed information please visit the Citizens Advice Website www.adviceguide.org.uk or seek independent legal advice. Nothing in these terms will affect your legal rights:
We are under a legal duty to supply goods that are in conformity with this contract;
The Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality and if not:
you can get an immediate refund in the first 30 days following your purchase;
thereafter we may offer replacement goods or a credit note, or choose to refund you.
Where you wish to cancel your order and return goods to us, please contact us:
In writing - Email us at shop@whisky-online.com. Please provide your name, delivery address, your order number, your phone number and your email address;
By post - Print off a [returns form] and complete it accordingly, or just simple write to us. Please ensure that you include your name, delivery address, your order number and your phone number;
By phone - Contact us on 01253 620376 with your name, delivery address and order number.
If you end your contract with us for any reason after the goods have been dispatched to you, or you have received the goods, you must return them to us. You may return the goods:
Post - Send the goods to 1-3 Concorde House, Charnley Road, Blackpool, FY1 4PE. Make sure to include your order number and your reason for returning within the parcel; or
Drop off - You can bring the goods to 1-3 Concorde House, Charnley Road, Blackpool, FY1 4PE. Make sure you include your order number and your reason for returning the goods.
We will pay the costs of return:
where the goods supplied are faulty or misdescribed; or
there has been an error in the pricing of the goods and you no longer wish to continue with your order.
In all other cases you will be responsible for the cost of returning the goods to us.
If we are responsible for refunding delivery costs, then this will be the least expensive delivery method we offer.
Any refunds due to you will be made within 30 days of receiving your returned goods. Your refund will be sent to the account which the goods were purchased from.

OUR RESPONSIBILITY FOR LOSS OR DAMGE SUFFERED BY YOU
If we do not meet our obligations under these terms, we will be responsible for loss or damages suffered by you, which is a foreseeable result of us breaching these terms or our failure to use reasonable care and skill. We will not be responsible for any loss or damages which are not foreseeable or as expressly excluded below. Loss or damages are foreseeable if either it is obvious it will happen or if, at the time the contract was made, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes the liability for death or personal injury caused by our negligence or the negligence of our employees, agents, subcontractors, for fraud or fraudulent misrepresentation.
If you are a consumer, then we are supplying the goods to you for your own personal use and we will not have any liability for any loss of profit, loss of business or business interruption.
If you are a business customer:
these terms constitute the entire agreement between us in relation to your purchase and you acknowledge that you have not relied on any statement, promise, representation or warranty made or given by or on our behalf and which is not set out in these terms;
we will have no liability to you for any loss of profit, loss of business, business interruption or any indirect or consequential loss arising out of this contract; and
our total liability to you in respect of all other losses arising out of this contract shall in no circumstances exceed the total price paid by you for the goods.

HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our [privacy notice].

OTHER IMPORTANT TERMS
We may transfer our rights under these terms to another, whether an individual or an organisation.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
If a court finds any of these terms to be illegal, or invalid, the remaining terms shall continue in force. Each of the terms of these terms operates independently, and shall not be affected by the invalidity or unenforceability of another.
Even if we delay in enforcing any of these terms of this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking of this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English Courts. If you are a consumer and:
you live in Scotland you can bring proceedings in respect of the goods in either the Scottish or English courts;
you live in Northern Ireland you can bring legal proceedings in respect of the goods in either Northern Ireland or the English courts; or
you live outside of the United Kingdom but within the European Union then you may be able to bring proceedings in your local courts under the consumer protection laws applicable in your country.

Auction Terms - Bidders

In order to be able to Bid on Lots in an Auction you need to be a registered user of the Site and hold an Account. Registration is free, but by registering you agree to be bound by these Conditions.
These Conditions apply to your use of the Site to participate in Auctions, and any subsequent Sales in which you are the Buyer.
InterpreTation
Unless the context otherwise requires, the following expressions shall have the following meanings:
Account Your Whisky-Online Account, enabling you to make Bids on Lots at Auctions, and track the progress of any Lots that you are selling;
Auction An auction of Lots conducted online via the Site pursuant to these Conditions;
Auction End The end of the Auction for the relevant Lot;
Auction Start The start of the Auction, from which time Bidders may submit Bids;
Bid An offer to purchase any Lot whether by bidding at Auction or offering to purchase by private treaty or tender, and “Bids” and “Bidding” shall be construed accordingly;
Bidder Any person who offers to purchase any Lot, whether by bidding at Auction or offering to purchase by private treaty or tender;
Buyer The Bidder who bid the Hammer Price;
Conditions These terms and conditions, as amended from time to time;
Consumer An individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
Consumer Protection Legislation Any consumer protection legislation from time to time applicable in the UK and including, but not limited to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015;
Goods The Goods comprised within a Lot;
Hammer Price The amount of the highest Bid at the Auction End;
Legal Age The minimum age required in your jurisdiction to legally purchase and receive a delivery of alcohol, being 18 years old in the United Kingdom;
Listing The description of the Lot on the Site setting out the main characteristics of the Goods and any Special Conditions applicable to the Sale;
Lot Any lot described on the Site as available for sale via the Auction;
Minimum Bid A minimum starting price for the Lot, below which Bids cannot be made;
Reserve Price A minimum price for the Lot which must be achieved for the Seller to accept the Bid and conclude a Sale;
Seller The person owning or having the right to sell the Lot;
Site Our website at www.whisky-online.com or as amended by us from time to time;
Special Conditions Any special conditions of sale to be included within the contract between the Seller and the Buyer;
Storage Costs Our standard charges for storage of Goods, as set out in [Storage Costs];
Terms of Sale The standard auction terms of sale which will form the contract for the sale of the Lot between the Seller and the Buyer, together with any Special Conditions;
Trader Any person acting in the course of business;
Unfair Bidding Techniques Has the meaning given in clause 9.2;
VAT Value added tax; and
Website Terms and Conditions Our [Website Terms and Conditions] as updated from time to time.
Clause and paragraph headings shall not affect the interpretation of these Conditions.
A reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England and Wales, be deemed to include a reference to that which most nearly approximates to the English legal term in that jurisdiction.
Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

SIGNING UP FOR AN ACCOUNT
Identity of the Parties
Who we are
We are Whisky-Online.com Limited a company registered in England and Wales. Our company registration number is 05974614 and our registered office is at Units 1-3 Concorde House, Charnley Road, Blackpool, Lancashire, United Kingdom, FY1 4PE. Our registered VAT number is 534352950.
You can contact us by phone on 01253 620376 or by email to auctions@whisky-online.com.
We offer each Lot as agent of the Seller and not as principal unless otherwise expressly stated in the Listing.
You
You must register for an Account before you are able to make any Bids on Lots in an Auction.
You warrant and represent that:
all information provided by you to us in creating or maintaining your Account is true, complete and accurate in all respects, and that you will update any such information promptly to ensure that it remains so at all times
you are at least the Legal Age;
the purchase of alcohol by you, and the sale of it by the Seller to you, in your jurisdiction will not contravene any applicable laws or regulations;
you are Bidding on your own behalf and as principal unless we have previously agreed in writing that you are Bidding as agent on behalf of a named principal. Where we agree that you may act as agent for a named principal, you agree that you will remain liable to us and the Seller for all obligations and liabilities of your principal jointly and severally with such principal
you are authorised to make each Bid made (if acting as agent for a named principal);
You may be required to give their name and address and provide satisfactory proof of identity and such other documentation as we may reasonably require from time to time. Please see our [identity requirements policy] for more details, although we reserve the right to require such information at our absolute discretion.
We reserve the right to terminate or suspend your Account at any time without notice at our absolute discretion.
We will hold any personal data obtained though the Site or our services in accordance with our [Privacy Notice].
Supply of Auction Services
Upon you registering for an Account, and subject to these Conditions, we grant you a non-exclusive, non-transferable right, without the right to grant sublicences, to use the Site to participate as a Bidder in Auctions.
The Site is provided on an ‘as is’ basis and we:
do not warrant that your use of the Site will be uninterrupted or error-free; or that any services and/or the information obtained by you through the Site will meet your requirements; and
are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Site may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
You agree that you will:
provide us with all necessary co-operation and information as we may request in respect of your use of the Site and any Sales concluded through it;
keep a secure password for your use of the Site and to keep the password confidential. You will not disclose your password to any third party. You will not allow or suffer any third party to use your Account and will remain responsible for all Bids submitted through it;
promptly notify us of any unauthorised access to your Account that comes to your attention;
comply with your obligations under our [Website Terms and Conditions].
You agree that you will not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, transmit, or distribute all or any portion of the software that forms part of the Site, or any content thereon in any form or media or by any means except, and to the extent, as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties.
Auctions
Auction Start and End
The Auction Start and Auction End will be as set out on our Site, save that we reserve the right to postpone or cancel an Auction should this be necessary for technical reasons. We may also extend the Auction End if there has been any issue which we reasonably consider justifies such extension, for example if there has been downtime of the Site for a period of time then the Auction may be extended by a comparable time.
Our Auctions automatically extend if there is a new Bid made in the final 10 minutes of the Auction, whereupon they extend so that they end 10 minutes after the final Bid has been received.
Description of Lots
We use reasonable endeavours to accurately describe the Lots, based on our own inspection of the Goods and any description provided to us by the Seller. Please see our [Bottle Inspection and Description Guidelines] for more information on how we review Lots.
Prior viewing and inspection of the Lots before the Auction is recommended and is possible by prior arrangement and so please [contact us] if you would like to organise this. All viewings and inspections are to take place at our premises.
We may be able to answer specific enquiries or requests for information received no later than 12 hours before the Auction Start, but cannot guarantee a response.
We accept no responsibility or liability for the description of the Lots or any omissions or errors contained in any Listing. This is covered in your contract for Sale with the Seller.
Minimum Bids and Reserve Prices
A Lot may be subject to a Minimum Bid and/or a Reserve Price which may be changed at any time by the Seller before the Auction Start.
Bidders should be aware that a Seller can withdraw a Lot at any time before or during an Auction provided that the Reserve Price has not been met.
Bidding
You may Bid on any Lot at any time during an Auction, save that you are not permitted to use or encourage any Unfair Bidding Techniques as described below.
You may attend our Auctions in person at our premises at Units 1-3 Concorde House, Charnley Road, Blackpool, Lancashire, United Kingdom, FY1 4PE by prior appointment. Please [contact us] to make an appointment. All Bidding is carried out using the online platform and so an Account will still be required and you acknowledge that any Bids made in person will only be effective once they have been logged into our Site.
A Bid is an irrevocable offer made by the Bidder to purchase the Lot subject to the Terms of Sale and any Special Conditions. If a Bid is made in error, then please [contact us] as soon as possible. We may agree, in our absolute discretion, to withdraw your Bid if we consider that it will not affect the smooth running of the Auction. Once the Auction has ended, a winning Bid cannot be retracted or withdrawn.
When you place a Bid, you are stating your maximum Bid, but all Bidding on our Auctions is incremental and so if you are the winning Bidder the Hammer Price may be less than your maximum Bid. Please see our [Guide to Bidding] for more details about the Bidding process in place for the next Auction. We reserve the right to change the Bidding process from time to time upon not less than [30] days’ written notice.
All Auctions are conducted in, and all delivery charges are payable in, UK pounds sterling (£). We accept payment by credit and debit cards or money transfer and you acknowledge that you are responsible for any fees incurred by you in respect of the same.
All Bids are made inclusive of VAT.
Unfair Bidding Techniques are any techniques adopted by or on behalf of Sellers to artificially inflate the Hammer Price achieved in an Auction, including but not limited to Bidding on Lots where you are the Seller, or organising third parties to do so (otherwise known as shill bidding).
Sale
At the Auction End, the Bidder with the highest Bid, providing that it meets or exceeds any Reserve Price, shall be deemed to have had their offer to purchase the Lot at the Hammer Price accepted by the Seller, subject to the Terms of Sale and any Special Conditions.
Where you are the highest Bidder at the Auction End, the following will apply:
We shall be entitled to charge you the Buyer’s Premium upon completion of the Auction.
We will use reasonable endeavours to contact you to inform you of the Hammer Price, and to confirm the Terms of Sale and any Special Conditions within [24 hours] of the Auction End and requesting that you confirm collection or shipping options.
Payment of the Hammer Price and the Buyer’s Premium is due immediately upon the Auction End. You irrevocably authorise us to take payment of the Hammer Price and the Buyer’s Premium, together with any associated VAT or sales tax if payment has not been made within [3 days] of the Auction End.
If you fail to make payment in full of the Hammer Price and the Buyer’s Premium within [14 days] of the Auction End, then we may, at our or the Seller’s discretion, terminate the Sale on behalf of the Seller. You will still be responsible for the Buyer’s Premium to us, and may be liable for damages or compensation to the Seller.
All Sales are made available for collection from our Premises by appointment during our normal business hours of [9am to 5pm] on weekdays, excluding public holidays in England. If requested, we can provide delivery services to send the Goods to you. Please see our [Guide to Collection and Delivery] and clause 11 for more information. Any such delivery services will be provided by us acting as principal, and not the Seller.
We will not release the Goods for collection or delivery prior to payment in full and in cleared funds of:
the Hammer Price in respect of such Goods
the Buyer’s Premium; and
all other amounts due and owing from you to us.
Risk in the Goods will pass to you when the Goods are passed to you, or a carrier organised by you, at our premises.
Storage
We will store the Goods free of charge for a period of up to 14 days following the Auction End pending collection or shipping. Thereafter:
Unless further storage has been agreed between us and you, risk in the Goods passes to you and we are not responsible for any loss or damage to the Goods; and
you shall be responsible for our Storage Costs in respect of the Goods.
Unless expressly agreed in writing we shall not be required to store the Goods for any period in excess of [60 days] following the Auction End, and after such time we shall be entitled and irrevocably authorised to:
sell or otherwise dispose of the Goods on your behalf (whether by way of an Auction or otherwise) and set off any amounts owing to us in full before refunding the balance to you (to the same card or bank account as used by you to pay us); or
subject to us giving you not less than 14 days’ written notice requiring collection of the Goods from our premises, destroy or otherwise dispose of the Goods with no liability to you.
Delivery Services
Where you have chosen for us to provide delivery of the Goods, the following will apply:
Dispatch
You will pay us the Delivery Charges for your selected delivery method within 14 days of the Auction End and in any event prior to dispatch.
We will use reasonable endeavours to pack the Goods appropriately to ensure safe arrival, but you acknowledge that there are inherent risks in the transporting of older bottles, especially in respect of cork failures. We will not be liable for any cork failures which occur once the Goods have been dispatched by us.
Following payment of all amounts due, we will dispatch the Goods to you in accordance with the delivery options that you have selected following completion of Auction. Further details of delivery options can be found in our [Guide to Collection and Delivery].
If there is any delay in dispatching the Goods to you caused by an event outside of our control, then we will inform you as soon as reasonably possible in writing, and let you know of any steps that can be taken to minimise the delay. Provided that we notify you of the delay, we will not be held liable for delays caused by the event outside of our control.
If any Goods are returned to us due to unsuccessful delivery then we will contact you for further instructions. Clause 10 (Storage) will apply to any Goods returned in this way, and we may charge you for further delivery attempts.
Disputes or complaints
Complaints about our services
We endeavour to provide the best experience for our Bidders and Sellers, but if you have any complaints regarding our service, please do not hesitate to [contact us].
Disputes between Buyer and Seller
If you have any complaint regarding the Goods bought in a Sale, please [contact us] as soon as possible and we will pass on your complaint to the Seller.
Whilst we try to enable swift resolution of any complaints or disputes, we act merely as agent for the Seller in any Sale and are not personally liable for any losses, expenses, costs or otherwise incurred or suffered by you.
General
Fees and payment
Our fees, including the Buyer’s Premium, Storage Costs and any Delivery Charges, are:
payable in UK Pounds Sterling (£);
non-cancellable and non-refundable; and
exclusive of VAT, which shall be added to our invoices at the appropriate rate.
If we have not received payment from you within 3 days of the due date for payment, and without prejudice to any other right or remedy which may be available to us, interest shall accrue on a daily basis on such due amounts at an amount equal to 3% over the then base rate of the Bank of England from time to time (subject to a minimum of £30), commencing on the due date and continuing until fully paid, whether before or after judgment.
Intellectual property rights
You acknowledge and agree that we (and our licensors) own all intellectual property rights in the Site and the Auctions and that we do not grant you any rights to, under or in, any intellectual property rights save as expressly set out in theses Conditions.
You will defend, indemnify and hold us harmless (and including our officers, directors and employees) against any claims, actions, proceedings, losses, damages, expenses and costs (including court costs and reasonable legal fees) arising out of or in connection with any breach of these Conditions or the Terms of Sale by you.
Limitation of Liability
Nothing in these Conditions shall limit our liability:
for death or personal injury caused by our negligence; or
for fraud or fraudulent misrepresentation.
If you are a Consumer:
if we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable; and
we shall not be liable for any business losses, loss of profit or loss of business opportunity;
If you are a Business User:
except as expressly and specifically provided in these Conditions, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded;
we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses, pure economic loss or for any special, indirect or consequential loss, costs, damages, charges or expenses howsoever arising; and
our aggregate liability in contract, tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise arising out of or in connection with the performance or contemplated performance of our and your obligations under these Conditions shall be limited to the amount of Buyer’s Premium actually paid by you to us.
Other important terms
We may terminate, withdraw or suspend provision of our services to you at any time with no obligation or liability to you.
We have no liability to you if we are prevented from or delayed in carrying out any obligations under these Conditions or from carrying out our business, by any acts, events, omissions or accidents outside of our control.
Your account is personal to you, and you cannot assign, transfer, sub-contract, or otherwise deal with all or any of your rights or obligations hereunder.
We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations hereunder, including in respect of any restructure or sale of our business or any part of it.
These Conditions set out the entire agreement between us and you and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to their subject matter.
You acknowledge that in setting up an Account and participating in any Auctions, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions.
We may vary these Conditions from time to time by notice to you; any such changes will be published on our Site.
If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breach or default, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Each of the paragraphs of these Conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Where we are required to give you notice or tell you something we will use the email address given by you to us when you set up your account, as updated by you from time to time and such notice will be deemed to have been received at the time of transmission. Where we are providing general notices to all users of the Site (including where we update these Conditions) a general, but reasonably prominent, posting on the Site shall be deemed to be notice to you at such time as the notice is posted.
These Conditions, nor the legally binding contact created hereunder, do not confer any rights on any person or party other than you and us (and our permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
These terms are governed by English law and you can bring legal proceedings in respect of the product in the English Courts. If you are a consumer and:
you live in Scotland you can bring proceedings in respect of the products in either the Scottish or English courts;
you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts; or
you live outside of the United Kingdom but within the European Union then you may be able to bring proceedings in your local courts under the consumer protection laws applicable in your country.
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

Auction Terms - Seller

These terms and conditions (Conditions) set out the basis on which Whisky-Online.com (We) will sell your Lot via our online auction. Please read these Conditions carefully as they will constitute a legally binding contract between us, and under which we will enter into a contract for sale of the Goods on your behalf.
InterpreTation
Unless the context otherwise requires, the following expressions shall have the following meanings:
Account Your Whisky-Online Account, enabling you to make Bids on Lots at Auctions (subject to payment of a registration fee), and track the progress of any Lots that you are selling;
Auction An auction of Lots conducted online via our Site pursuant to these Conditions;
Auction End The end of the Auction for the relevant Lot;
Auction Start The start of the Auction, from which time Bidders may submit Bids;
Bid An offer to purchase any Lot whether by bidding at Auction or offering to purchase by private treaty or tender, and “Bids” and “Bidding” shall be construed accordingly;
Bidder Any person who offers to purchase any Lot by bidding at Auction;
Buyer The Bidder who bid the Hammer Price;
Collection Fee The fee charged by us for the collection of your Goods as set out in the Lot Details;
Commission The commission payable to us when a Sale is concluded, as set out in the Lot Details;
Conditions These terms and conditions, as amended from time to time;
Consumer An individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
Consumer Protection Legislation Any consumer protection legislation from time to time applicable in the UK and including, but not limited to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015;
Delivery Charges Any costs of delivering or returning Goods to you, charged at our standard rates from time to time;
Fees Our fees and charges for the Service, including any Collection Fee, Lotting Fee, Delivery Charges and Commission.
Goods The Goods comprised within a Lot;
Hammer Price The amount of the highest Bid at the Auction End;
Legal Age The minimum age required in your jurisdiction to legally purchase and receive a delivery of alcohol, being 18 years old in the United Kingdom;
Listing The description of the Lot on the Site setting out the main characteristics of the Goods and any Special Conditions applicable to the Sale;
Lot Any lot described on the Site as available for sale via the Auction;
Lot Details The attached Lot Details signed by you which set out details of the Goods to be sold, any Minimum Price, any Reserve Price and any Special Conditions applicable to the Sale;
Lotting Fee A fee payable for the inclusion of your Lot into the Auction as set out in the Lot Details;
Reserve Price A minimum price for the Lot which must be achieved for a Bid to be accepted and conclude a Sale;
Services The services we provide to you to facilitate the sale of your Goods by way of our online Auctions. This will include, but is not limited to valuing, displaying and auctioning your Goods and acting as your agent for the sale;
Sale The sale of Goods comprised in a Lot between the Seller and the Buyer;
Site Our website at www.whisky-onlineauctions.com or as amended by us from time to time;
Special Conditions Any special conditions of sale to be included within the contract between you and the Buyer, as set out in the Lot Details;
Storage Costs Our standard charges for storage of Goods, as set out in [Storage Costs];
Terms of Sale The [Terms of Sale (Trade Seller)] or [Terms of Sale (Private Seller)] as applicable depending on whether you are acting in the course of business or not;
Terms of Sale (Private Seller) The standard auction terms of sale which will form the contract for the sale of the Lot between you and the Buyer, together with any Special Conditions, where you are a private seller and not acting in the course of business, a copy of which are available at [LINK];
Terms of Sale (Trade Seller) The standard auction terms of sale which will form the contract for the sale of the Lot between you and the Buyer, together with any Special Conditions, where you are a trade seller acting in the course of business a copy of which are available at [LINK];
Trader Any person acting in the course of business or who is otherwise not a Consumer;
Unfair Bidding Techniques Has the meaning given in clause 3.9;
VAT Value added tax; and
Website Terms and Conditions Our [Website Terms and Conditions] as updated from time to time.
Clause and paragraph headings shall not affect the interpretation of these Conditions.
A reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England and Wales, be deemed to include a reference to that which most nearly approximates to the English legal term in that jurisdiction.
Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
ACCOunt registration
Identity of the Parties
Who we are
We are Whisky-Online.com Limited a company registered in England and Wales. Our company registration number is 05974614 and our registered office is at Units 1-3 Concorde House, Charnley Road, Blackpool, Lancashire, United Kingdom, FY1 4PE. Our registered VAT number is 534352950.
You can contact us by phone on 01253 620376 or by email to auctions@whisky-online.com.
You
You warrant and represent that:
all information provided by you to us in creating or maintaining your Account, or included within the Lot Details, is true, complete and accurate in all respects, and that you will update any such information promptly to ensure that it remains so at all times;
if you have registered as a private seller, that you are not selling the Goods as part of any trade or profession;
you are at least the Legal Age;
the sale of alcohol by you, and the purchase of it by the Buyer from you, in your jurisdiction will not contravene any applicable laws or regulations;
you are selling on your own behalf and as principal unless we have previously agreed in writing that you are selling as agent on behalf of a named principal. Where we agree that you may act as agent for a named principal, you agree that you will remain liable to us and the Buyer for all obligations and liabilities of your principal jointly and severally with such principal; and
you are authorised to sell the Goods (if acting as agent for a named principal);
You may be required to give your name and address and provide satisfactory proof of identity and such other documentation as we may reasonably require from time to time.
We reserve the right to terminate or suspend your Account at any time without notice at our absolute discretion.
We will hold any personal data obtained though the Site or our Services in accordance with our [Privacy Notice].
Supply of Auction Services
We will use our reasonable endeavours to include your Lot(s) in the relevant Auction as agreed with you.
We reserve the right to remove Lots from the Auction at our absolute discretion, and without liability to you.
We reserve the right to amend, postpone or suspend Auctions at our discretion.
We may need certain information from you so that we can list your Lot(s) in the Auction. If you do not provide us with this information within a reasonable amount of time of us asking for it, or if you give us incomplete or incorrect information, we may either end this contract, or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
Subject to these Conditions, we grant you a non-exclusive, non-transferable right, without the right to grant sublicences, to use the Site to track the progress of your Lot(s) in Auctions.
The Site and our Services are provided on an ‘as is’ basis and we:
do not warrant that your use of the Site will be uninterrupted or error-free; or that any Services and/or the information obtained by you through the Site will meet your requirements; and
are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Site may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
You agree that you will:
provide us with all necessary co-operation and information as we may request in respect of your use of the Site and any Sales concluded through it;
keep a secure password for your use of the Site and to keep such password confidential. You will not disclose this password to any third party. You will not allow or suffer any third party to use your Account and will remain responsible for all Bids submitted through it;
promptly notify us of any unauthorised access to your Account that comes to your attention;
comply with your obligations under our [Website Terms and Conditions].
You agree that you will not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, transmit, or distribute all or any portion of the software that forms part of the Site, or any content thereon in any form or media or by any means except, and to the extent, as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties.
You agree that you will not use or encourage any Unfair Bidding Techniques as described below. Unfair Bidding Techniques are any techniques adopted by or on behalf of Sellers to artificially inflate the Hammer Price achieved in an Auction, including but not limited to Bidding on Lots where you are the Seller, or organising third parties to do so (otherwise known as shill bidding).
Consumer Rights
If you are a Consumer, the following terms will apply:
We are under a legal obligation under the Consumer Protection Legislation to provide our Services in accordance with these Conditions.
Under the Consumer Contracts Regulations 2013 you have a right to change your mind about our Services within 14 days of entering into the contract with us, provided that the Auction Start does not fall within such 14 day period, in which case you irrevocably agree and authorise us to commence the Auction.
You hereby agree that we may, and authorise us to, commence the provision of our Services prior to the end of such 14 day cooling off period and acknowledge that in the event of any such cancellation:
you will still be responsible for any Collection Fee where we have collected the Goods from you;
we may charge you our Storage Fees for storage of your Goods during the period in which they are in our possession; and
we may charge you for our Delivery Charges in returning the Goods to you.
Your Lot(s)
You warrant and represent that the information you provide in the Lot Details regarding each Lot is true, complete and accurate.
We will create a Lot Listing based on the information you have provided and our assessment of the Goods. We may refuse to include on the Lot Listing any information which we consider (in our absolute discretion) does not accurately describe the Goods. You are responsible for ensuring that the final Lot Listing is true, complete and accurate.
Your Goods
We will not include your Lots in an Auction unless we have physical possession of the Goods.
Where we are collecting the Goods from you:
we will hold the Goods on your behalf as bailee and will be responsible for the Goods whilst they are in our possession;
we will maintain such insurance as, in our reasonable opinion, is appropriate for the running of our business; and
you agree that we are entitled to a Collection Fee, whether or not the Goods are sold at the Auction.
You may request the return of your Goods at any time prior to 12 hours before the relevant Auction Start. Any such Goods will be available for collection from our premises during our normal business hours of [9am to 5pm] on weekdays, excluding public holidays in England. If requested, we can provide delivery services to send the Goods to you. Please see our [Guide to Collection and Delivery] and clause 6 for more information.
Delivery Services
Where we are delivering any Goods back to you, you will pay us the Delivery Charges for your selected delivery method prior to dispatch.
We will use reasonable endeavours to pack the Goods appropriately to ensure safe arrival, but you acknowledge that there are inherent risks in the transporting of older bottles, especially in respect of cork failures. We will not be liable for any cork failures which occur once the Goods have been dispatched by us.
Following payment of all amounts due, we will dispatch the Goods to you in accordance with the delivery options that you have selected. Further details of delivery options can be found in our [Guide to Collection and Delivery].
If there is any delay in dispatching the Goods to you caused by an event outside of our control, then we will inform you as soon as reasonably possible in writing, and let you know of any steps that can be taken to minimise the delay. Provided that we notify you of the delay, we will not be held liable for delays caused by the event outside of our control.
If any Goods are returned to us due to unsuccessful delivery then we will contact you for further instructions. Clause 7 (Storage) will apply to any Goods returned in this way, and we may charge you for further delivery attempts.
Storage
We will store the Goods free of charge:
where a Sale is concluded, until conclusion of the Sale; or
where a Sale is not concluded, for a period of up to 14 days following the Auction End pending collection or shipping to you. Thereafter:
unless further storage has been agreed between us and you, risk in the Goods passes to you and we are not responsible for any loss or damage to the Goods; and
you shall be responsible for our Storage Costs in respect of the Goods.
There are inherent risks in the storage of older bottles, especially in respect of cork failures and resulting evaporation. We will not be liable for any cork failure or evaporation which takes place whilst the bottle is in storage.
Unless expressly agreed in writing we shall not be required to store the Goods for any period in excess of [60 days] following the Auction End, and after such time we shall be entitled and irrevocably authorised to:
sell or otherwise dispose of the Goods on your behalf (whether by way of an Auction or otherwise) and set off any amounts owing to us in full before paying the balance to you (to the account details provided by you in the Lot Details); or
subject to us giving you not less than 14 days’ written notice requiring collection of the Goods from our premises, destroy or otherwise dispose of the Goods with no liability to you.
Sale
You hereby appoint us to be your agent to submit the Lot(s) into our Auction and authorise us to conclude a Sale on your behalf with the highest Bidder for the Purchase Price (providing that it meets or exceeds any Reserve Price) and on the Terms of Sale and subject to any Special Conditions that you have notified to us in writing no later than 6 hours prior to the Auction Start. Once an Auction has commenced you will not be permitted to revoke such authorisation without our consent.
Where we receive any offer to purchase your Goods by private treaty or tender outside of the Auction, we will use reasonable endeavours to inform you of such offer and take your instructions. If you decide to accept any such offer then the Hammer Price shall be deemed to be the amount of the offer accepted, and the Auction End shall be deemed to be the date on which you accepted such offer.
You agree that you will be bound by the Terms of Sale and any Special Conditions as principal, and that we will have no liability to you in respect of the Sale.
Our Commission and Fees
You will pay us Commission on all Sales equal to the amount set out in the Lot Details.
Save to the extent expressly stated in these Conditions, our Fees are:
payable in UK pounds sterling (£);
non-cancellable and non-refundable; and
exclusive of VAT, which shall be added to our invoice at the appropriate rate.
Without prejudice to any other right or remedy which may be available to us interest shall accrue on a daily basis on such due amounts at an amount equal to 4% over the then current base rate of the Bank of England from time to time (subject to a minimum of 4%), commencing on the due date and continuing until fully paid, whether before or after judgement.
You irrevocably authorise us to set off any Fees from any amounts owing to you from time to time.
Disputes or complaints
Complaints about our services
We endeavour to provide the best experience for our Bidders and Sellers, but if you have any complaints regarding our Service, please do not hesitate to [contact us].
Disputes between Buyer and Seller
Whilst we try to enable swift resolution of any complaints or disputes, we act merely as your agent in any Sale and are not personally liable for any losses, expenses, costs or otherwise incurred or suffered by you suffered otherwise than in breach of our obligations under these Conditions.
General
Intellectual property rights
You acknowledge and agree that we (and our licensors) own all intellectual property rights in the Site and the Auctions and that we do not grant you any rights to, under or in, any intellectual property rights save as expressly set out in these Conditions.
You will defend, indemnify and hold us harmless (and including our officers, directors and employees) against any claims, actions, proceedings, losses, damages, expenses and costs (including court costs and reasonable legal fees) arising out of or in connection with any breach of these Conditions or the Terms of Sale by you.
Limitation of Liability
Nothing in these Conditions shall limit our liability:
for death or personal injury caused by our negligence; or
for fraud or fraudulent misrepresentation.
If you are a private individual not acting in the course of business:
if we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable; and
we shall not be liable for any business losses, loss of profit or loss of business opportunity.
If you are a business:
except as expressly and specifically provided in these Conditions, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded;
we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses, pure economic loss or for any special, indirect or consequential loss, costs, damages, charges or expenses howsoever arising; and
our aggregate liability in contract, tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise arising out of or in connection with the performance or contemplated performance of our and your obligations under these Conditions shall be limited to the amount of Fees actually paid by you to us.
Other important terms
We may terminate, withdraw or suspend provision of our Services to you at any time with no obligation or liability to you other than to refund the Lotting Fee if the Lot will not be listed in the next Auction.
We have no liability to you if we are prevented from or delayed in carrying out any obligations under these Conditions or from carrying out our business, by any acts, events, omissions or accidents outside of our control.
Your account is personal to you, and you cannot assign, transfer, sub-contract, or otherwise deal with all or any of your rights or obligations hereunder.
We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations hereunder, including in respect of any restructure or sale of our business or any part of it.
These Conditions set out the entire agreement between us and you and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to their subject matter.
You acknowledge that in setting up an Account and participating in any Auctions, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions.
We may vary these Conditions from time to time by written notice to you, any such changes will be published on our Site.
If we do not insist immediately that you do anything you are required to do under these Conditions, or if we delay in taking steps against you in respect of your breach or default, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Where we are required to give you notice or tell you something we will use the email address given by you to us when you set up your account, as updated by you from time to time and such notice will be deemed to have been received at the time of transmission. Where we are providing general notices to all users of the Site (including where we update these Conditions) a general, but reasonably prominent, posting on the Site shall be deemed to be notice to you at such time as the notice is posted.
These Conditions, nor the legally binding contact created hereunder, do not confer any rights on any person or party other than you and us (and our permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
These terms are governed by English law and you can bring legal proceedings in respect of the Goods in the English Courts. If you are a Consumer and:
you live in Scotland you can bring proceedings in respect of the Goods in either the Scottish or English courts;
you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts; or
you live outside of the United Kingdom but within the European Union then you may be able to bring proceedings in your local courts under the consumer protection laws applicable in your country.
If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

Terms of Sale - Private

Interpretation
Unless the context otherwise requires, the following expressions shall have the following meanings:
Agent Whisky-Online.com Limited (Company Number: 05974614) whose registered office is at Units 1-3 Concorde House, Charnley Road, Blackpool, Lancashire, United Kingdom, FY1 4PE, acting as agent for and on behalf of the Seller;
Auction An online auction held by the Agent on the Site;
Buyer The person who made the highest bid above the reserve price in the Auction;
Goods The goods listed in the relevant Listing on the Site;
Listing The listing for the lot containing the Goods in the Auction, as displayed on the Site;
Purchase Price The price payable for the Goods which shall be the hammer price (the highest bid) made at the Auction in respect of the Goods;
Sale The sale and purchase of the Goods under these Terms of Sale and incorporating the Special Conditions;
Seller The person owning or having the right to sell the Goods;
Special Conditions The special terms, if any, included within the Listing which are deemed to be incorporated into these Terms of Sale;
Terms of Sale These terms and conditions;
VAT Value added tax;
Clause and paragraph headings shall not affect the interpretation of these Conditions.
A reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England and Wales, be deemed to include a reference to that which most nearly approximates to the English legal term in that jurisdiction.
Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Basis of Contract
These Terms of Sale apply to the purchase and sale of the Goods conducted through the Auction or otherwise by private treaty or tender (Sale).
The Buyer acknowledges that the Agent is acting as agent for the Seller and has no personal liability in respect of the Sale.
These Terms of Sale shall incorporate any Special Conditions as if they were included herein, and the Special Conditions shall take precedence over anything in these Terms of Sale in the event of any conflict.
Sale of the Goods
The Buyer agrees to buy, and the Seller agrees to sell, the Goods for the Purchase Price with full title guarantee.
The Seller warrants that on delivery the Goods shall conform in all material respects with their description as set out in the Listing, but the Buyer acknowledges that:
the Goods are pre-owned and sold on an ‘as is’ basis;
whilst every effort is made to describe or measure the levels of older vintages, corks begin to lose their elasticity over time and levels can change between preparing the Listing and the end of the Auction;
corks do occasionally fail, and this is heightened with age. The Seller is not responsible for any cork failure after the end of the Auction (including during shipping or delivery);
any expression of opinion contained within the Listing is subjective and whilst it is given in good faith, it is not to be relied upon by the Buyer; and
the Buyer has had opportunity to inspect the Goods in person prior to the Auction.
Price and Payment
The price payable for the Goods shall be the Purchase Price, which is inclusive of any VAT. If requested by the Buyer the Seller will raise an appropriate VAT invoice.
The Purchase Price shall be payable immediately upon conclusion of the Auction and should be made to the Agent. Receipt of the Purchase Price by the Agent shall discharge the Buyer of its obligation to pay the Purchase Price.
If the Buyer does not make payment in full within [3 days] of the due date, a late payment fee of [3%] of the Purchase Price, subject to a minimum of [£30], will be applied.
From the date of the application of the late payment fee, and without prejudice to any other right or remedy which may be available to the Seller:
interest shall accrue on a daily basis on such due amounts at an amount equal to 4% over the then current base rate of the Bank of England from time to time (subject to a minimum of 4%), commencing on the due date and continuing until fully paid, whether before or after judgement; or
the Seller may terminate the contract upon notice to the Buyer.
Delivery
The Goods will be available for collection from the Agent’s premises at Units 1-3 Concorde House, Charnley Road, Blackpool, Lancashire, United Kingdom, FY1 4PE during normal business hours of [9am to 5pm] by prior appointment.
The Buyer may engage the Agent to provide delivery services, but such services will be outside the scope of this contract between the Buyer and the Seller.
Risk and Title
Risk in the Goods shall pass to the Buyer upon the Auction ending.
Title to the Goods shall not pass to the Buyer until the Agent (acting on behalf of the Seller) has received the Purchase Price in full and in cleared funds.
Consumer Rights
The Buyer acknowledges that the Seller is a private individual not acting in the course of a trade, business or profession and that the Sale is concluded at a public auction and that the 14 day ‘cooling off period’ granted to Consumers under the Consumer Contracts Regulations 2013 does not apply.
Liability
Nothing in these Terms of Sale or the Special Conditions will limit or exclude the Seller’s or the Agent’s liability for:
death or personal injury caused by its negligence or the negligence of its agents or sub-contractors;
fraud or fraudulent misrepresentation
breach of the terms implied by:
section 12 of the Sale of Goods Act 1979; or
section 2 of the Supply of Goods and Services Act 1982;
any other matter in respect of which it would be unlawful for the Seller or Agent to exclude or restrict liability.
If the Seller fails to comply with these Terms of Sale, the Seller will only be responsible for loss or damage suffered by the Buyer that is a foreseeable result of the Seller breaking this contract or the Seller failing to use reasonable care and skill, but the Seller is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties knew it might happen, for example if it was discussed by the parties during the sales process.
Subject to clause 8
the Seller shall not be liable for any business losses, loss of profit or loss of business opportunity; and
the Seller’s total liability to the Buyer for all other losses arising under or in connection with any contract between the parties, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Purchase Price paid by the Buyer for the Goods.
Other important terms
The Seller will have no liability to the Buyer if it is prevented from or delayed in carrying out any obligations under these Conditions or from carrying out our business, by any acts, events, omissions or accidents outside of the Seller’s control.
The Seller may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations hereunder, including in respect of any restructure or sale of our business or any part of it.
The Buyer may not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations hereunder without the Seller’s prior written consent.
If the Seller does not insist immediately that the Buyer do anything it is required to do under these Terms of Sale or any Special Conditions, or if the Seller delays in taking steps against the Buyer in respect of any breach or default, that will not mean that the Buyer does not have to do those things and it will not prevent the Seller taking steps against the Buyer at a later date.
Each of the paragraphs of these Terms of Sale and Special Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Neither these Terms of Sale, nor the legally binding contact created hereunder, confer any rights on any person or party other than the Buyer and the Seller (and its permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Any dispute or claim arising out of or in connection with a contract between the parties or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

Terms of sale - Trader

Interpretation
Unless the context otherwise requires, the following expressions shall have the following meanings:
Agent Whisky-Online.com Limited (Company Number: 05974614) whose registered office is at Units 1-3 Concorde House, Charnley Road, Blackpool, Lancashire, United Kingdom, FY1 4PE, acting as agent for and on behalf of the Seller;
Auction An online auction held by the Agent on the Site;
Bidder Any person who offers to purchase any lot whether by bidding at Auction or offering to purchase by private treaty or tender;
Buyer The Bidder who bid the Hammer Price;
Consumer An individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or possession;
Goods The goods listed in the relevant Listing on the Site;
Hammer Price The amount of the highest bid at the auction end;
Listing The listing for the lot containing the Goods in the Auction, as displayed on the Site;
Purchase Price The price payable for the Goods which shall be the Hammer Price (the highest bid) made at the Auction in respect of the Goods;
Sale The sale and purchase of the Goods under these Terms of Sale and incorporating the Special Conditions;
Seller The person owning or having the right to sell the Goods;
Special Conditions The special terms, if any, included within the Listing which are deemed to be incorporated into these Terms of Sale;
Terms of Sale These terms and conditions;
VAT Value added tax.
Clause and paragraph headings shall not affect the interpretation of these Conditions.
A reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England and Wales, be deemed to include a reference to that which most nearly approximates to the English legal term in that jurisdiction.
Any words following the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Basis of Contract
These Terms of Sale apply to the purchase and sale of the Goods conducted through the Auction or otherwise by private treaty or tender (Sale).
The Buyer acknowledges that the Agent is acting as agent for the Seller and has no personal liability in respect of the Sale.
These Terms of Sale shall incorporate any Special Conditions as if they were included herein, and the Special Conditions shall take precedence over anything in these Terms of Sale in the event of any conflict.
Sale of the Goods
The Buyer agrees to buy, and the Seller agrees to sell, the Goods for the Purchase Price with full title guarantee.
The Seller warrants that on delivery the Goods shall conform in all material respects with their description as set out in the Listing, but the Buyer acknowledges that:
the Goods are pre-owned and sold on an ‘as is’ basis;
whilst every effort is made to describe or measure the levels of older vintages, corks begin to lose their elasticity over time and levels can change between preparing the Listing and the end of the Auction;
corks do occasionally fail, and this is heightened with age. The Seller is not responsible for any cork failure after the end of the Auction (including during shipping or delivery);
any expression of opinion contained within the Listing is subjective and whilst it is given in good faith, it is not to be relied upon by the Buyer; and
the Buyer has had opportunity to inspect the Goods in person.
Price and Payment
The price payable for the Goods shall be the Purchase Price, which is inclusive of any VAT. If requested by the Buyer the Seller will raise an appropriate VAT invoice.
The Purchase Price and Buyer’s Premium shall be payable immediately upon conclusion of the Auction and should be made to the Agent. Receipt of the Purchase Price and the Buyer’s Premium by the Agent shall discharge the Buyer of its obligation to pay the Purchase Price.
If the Buyer does not make payment in full within [3 days] of the due date, a late payment fee of [3%] of the Purchase Price, subject to a minimum of [£30], will be applied.
From the date of the application of the late payment fee, and without prejudice to any other right or remedy which may be available to the Seller:
interest shall accrue on a daily basis on such due amounts at an amount equal to 4% over the then current base rate of the Bank of England from time to time (subject to a minimum of 4%), commencing on the due date and continuing until fully paid, whether before or after judgement; or
the Seller may terminate the contract by giving notice to the Buyer.
Delivery
The Goods will be available for collection from the Agent’s premises at Units 1-3 Concorde House, Charnley Road, Blackpool, Lancashire, United Kingdom, FY1 4PE during normal business hours between [9am and 5pm] by prior appointment.
The Buyer may engage the Agent to provide delivery services, but such services will be outside the scope of this contract between the Buyer and the Seller.
Risk and Title
Risk in the Goods shall pass to the Buyer upon the Auction ending.
Title to the Goods shall not pass to the Buyer until the Agent (acting on behalf of the Seller) has received the Purchase Price in full and in cleared funds.
Consumer Rights
Where the Buyer is a Consumer, the following shall apply:
The Buyer acknowledges that the Sale is concluded at a public auction and that the 14 day ‘cooling off period’ granted to Consumers under the Consumer Contracts Regulations 2013 does not apply.
The Buyer is entitled to various protections under Consumer Protection Law which are summarised below, but for detailed guidance the Buyer should visit the Citizens Advice Website www.adviceguide.org.uk or seek independent legal advice. Nothing in these terms will affect the Buyer’s legal rights:
the Seller is under a legal duty to supply Goods that are in conformity with this contract;
the Consumer Rights Act 2015 says that the Goods must be as described, fit for purpose and of satisfactory quality and if not:
the Buyer can get an immediate refund in the first 30 days following the purchase;
thereafter the Seller may offer a replacement product or credit note, or choose to refund the Buyer.
Nothing in these Terms of Sale or the Special Conditions will limit or exclude the Seller’s or the Agent’s liability for:
death or personal injury caused by its negligence or the negligence of its agents or sub-contractors;
fraud or fraudulent misrepresentation
breach of the terms implied by:
section 12 of the Sale of Goods Act 1979; or
section 2 of the Supply of Goods and Services Act 1982; or
the Consumer Rights Act 2015; or
any other matter in respect of which it would be unlawful for the Seller or the Agent to exclude or restrict liability.
If the Seller fails to comply with these Terms of Sale, the Seller will only be responsible for loss or damage suffered by the Buyer that is a foreseeable result of the Seller breaking this contract or the Seller failing to use reasonable care and skill, but the Seller is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties knew it might happen, for example if it was discussed during the sales process.
Subject to clause 7.3
the Seller shall not be liable for any business losses, loss of profit or loss of business opportunity; and
the Seller’s total liability to the Buyer for all other losses arising under or in connection with any contract between the parties, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Purchase Price paid by the Buyer for the Goods.
These terms are governed by English law and the Buyer can bring legal proceedings in respect of the product in the English Courts. If the Buyer is a consumer and:
the Buyer lives in Scotland he/she can bring proceedings in respect of the products in either the Scottish or English courts;
the Buyer lives Northern Ireland he/she can bring legal proceedings in respect of the products in either the Northern Irish or the English courts; or
the Buyer lives outside of the United Kingdom but within the European Union then he/she may be able to bring proceedings in their local courts under the consumer protection laws applicable in their country.
Trade Buyers
Where the Buyer is not a Consumer, then the following will apply:
These Terms of Sale, together with the Special Conditions, constitute the entire agreement between the parties in relation to the sale and purchase of the Goods and the Buyer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Seller which is not set out in these Terms of Sale or the Special Conditions and that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms of Sale or the Special Conditions.
Nothing in these Terms of Sale or the Special Conditions will limit or exclude the Seller’s or the Agent’s liability for:
death or personal injury caused by its negligence or the negligence of its agents or sub-contractors;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 197 or section 2 of the Supply of Goods and Services Act 1982; or
any other matter in respect of which it would be unlawful for the Seller or Agent to exclude or restrict liability.
Save to the extent expressly set out in clause 8.2 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to clause 8.3:
the Seller shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between the parties; and
the Seller’s total liability to the Buyer for all other losses arising under or in connection with any contract between the parties, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the Purchase Price paid by the Buyer for the Goods.
Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Other important terms
The Seller will have no liability to the Buyer if they are prevented from or delayed in carrying out any obligations under these Conditions or from carrying out our business, by any acts, events, omissions or accidents outside of the Seller’s control.
The Seller may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations hereunder, including in respect of any restructure or sale of our business or any part of it.
The Buyer may not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations hereunder without the Seller’s prior written consent.
If the Seller does not insist immediately that the Buyer do anything it is required to do under these Terms of Sale or any Special Conditions, or if the Seller delays in taking steps against the Buyer in respect of any breach or default, that will not mean that the Buyer does not have to do those things and it will not prevent the Seller taking steps against the Buyer at a later date.
Each of the paragraphs of these Terms of Sale and Special Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Neither these Terms of Sale, nor the legally binding contact created hereunder, confer any rights on any person or party other than the Buyer and the Seller (and its permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.