Terms & Conditions
This Website (as defined below) is operated by Highland Whisky Auctions Limited. We are a company registered in Scotland with company number SC696994 whose registered office is at Wards House, Wards Road, Elgin, Moray, United Kingdom, IV30 1NL. Our VAT registration number is 382 9068 65.
Our Site is an auction site. These Terms and Conditions (the “Terms”) set out how you may buy or sell Items through our Site and what you are obliged to do in relation to your sale or purchase of Items.
Prior to registering and using our Site (both Buyer or Seller), you should read these Terms carefully before seeking to buy or sell Items via our Site, as they create binding legal obligations upon you and by proceeding you are deemed to have read, understood and be bound by the following Terms. If you do not understand any part of them please let us know using the contact details set out below. If you do not agree with or accept any of these Terms, you should not use our Site. Please note that we may update our Terms from time to time, so if you revisit our Site at a later date you should check these Terms again at that time to make sure you have seen the current version. It is your responsibility to keep up-to date with these Terms.
Throughout these Terms:
- Highland Whisky Auctions Limited may be referred to as “Agent”, “Highland Whisky Auctions”, “HWA”, “The Company”, “Company”, “We”, “Us” or “Our”;
- www.highlandwhiskyauctions.com, our online auction platform may be referred to as; “Website” or “Site”; and
- you as the person having registered on our Site and accepted these Terms may be referred to as; “Buyer”, “Seller”, “You”, “Your”, “Yours”, “Client”, “User”, “Registered User” or “Bidder”.
The following refers to whisky bottles or any whisky related items listed or sold by the Seller on our Site and purchased/won by the Buyer; “Lot”, “Lots”, “Listing”, “Listings”, “Item” or “Items”.
When using our Site you also agree to be legally bound by:
- Contractual Agreements
- When Sellers submit a request to us to list Items upon our Site, a contract between you (the Seller) and us governing your use of our Site is concluded, upon these Terms. When a Buyer submits a bid to purchase Items through our Site, a contract between you (the Buyer) governing your use of our Site and us is concluded, upon these terms. These contracts are separate from any contracts Buyers and Sellers have in relation to the sale of Items.
- We act as agents for the sellers of Lots listed on our Site. When you buy Lots on our Site you buy them from those Sellers, not from us. The contract for the sale and purchase of those Lots is directly between the Seller and the Buyer.
- Sellers and Buyers, by using our Site, agree to abide by these Terms.
- These Terms may be enforced by Sellers and Buyers directly against each other. In the case of disputes we may disclose details of Sellers and Buyers to each other, to facilitate settlement of those disputes. In the case of disputes you must abide by any settlement procedures referred to in these Terms.
- Please read and check any submissions you make through our Site thoroughly before submitting them. If you need to correct any errors you can do so before submitting it to us.
- Site Registration
- Prior to using our Site as a Buyer or Seller you must be registered as a User. By registering as a User you will create an account and this allows you to list, sell, place bids on and purchase Items through the Site.
- Site registration is a one off non-refundable fee of £4+VAT, this is in place so that we can ensure buyers and sellers are legitimate. Registration payment made from countries out with the UK/EU may be liable for surcharges for which you are fully responsible.
- Registered Users are fully responsible for actions carried out from their account. It is important to keep your personal account details strictly confidential. All Users registered will be responsible for keeping their account login details strictly confidential at all times.
- Governing Law
- The associated laws of Scotland shall govern these Terms. By accessing our Site and using and/or engaging our services, you shall be deemed to have accepted these Terms and in so doing you consent to the exclusive jurisdiction of the Scottish Courts in respect of any and all matters arising out of or in connection with the accessing of our Site and/or the engaging of our services.
- Our failure to enforce any of the provisions set out herein, or failure to exercise any option to terminate, shall not be construed as a waiver of any such provision and shall not affect the validity of these Terms or of any part thereof, or the right thereafter to enforce each and every provision.
- Falling into the same category, all Lot starting prices will comply with Scottish Minimum Alcohol Pricing Law.
- Legal Age of Buyers and Sellers
- By accessing, registering or using our Site, you are confirming that you are of legal age which is the legal age within your country of residence.
- We reserve the right to ask Buyers and/or Sellers for identification to prevent underage or fraudulent purchases and we may ask you for various information to allow us to verify your entitlement to buy or sell Items through our Site, when registering to use our Site. Any information you provide in this respect must be true, accurate and complete.
- Upon delivery or collection of Items, whether in person or by courier, proof of legal age and signature may be required.
- Authenticity of Bottles Sold at Auction
- By registering Items to sell through the Site you agree that they are authentic. We reserve the right to obtain advice from specialists in order to verify authenticity of Items at any point of the selling process.
- Once we have the Items at our premises they will undergo a detailed inspection. If we have any doubt at all regarding authenticity of an Item, without any liability to Highland Whisky Auctions, we will contact you directly and reserve the right not to list the Item in any auction held by us. Your Item will be sent back to you at your cost.
- In the event of an Item being confirmed as counterfeit or illegitimate during or following an auction, we reserve the right to remove the Item from auction and/or refund the Buyer. If a refund is given, we will invoice the Seller for the refund provided to the Buyer including a further fee of £20 per Item for doing so.
- Highland Whisky Auctions will not accept liability for claims against counterfeit Items sold in any auction.
- Highland Whisky Auctions reserves the right to prohibit any User from future use of the Site and/or our services, where it is considered that the User has attempted to sell non-authentic Lots on the Site.
- Contracts Between Sellers and Buyers
- Our Site sets out a date and time when an auction is concluded. When the auction concludes a contract is concluded for the sale and purchase of the related Items between the Seller and the highest Bidder for the sale and purchase of those Items. The contract incorporates these terms, in so far as they apply to that sale and purchase.
- A bid to buy Items through our Site constitutes an offer to buy the Items listed in the relevant auction. Once submitted, bids cannot be withdrawn.
- We will notify Sellers and successful bidders via an email when an auction is concluded.
- Buyers Terms
- When placing bids and buying Items using our Site you are agreeing that each process is completed in line with these Terms.
- You are liable for each bid submitted via your account and understand that this strictly cannot be amended or cancelled with the exception of Maximum bids, these can be reduced to the increment above the current bid.
- All bids placed are in GPB (Great British Pounds), our currency converter is for information purposes only. It is your responsibility to refer to a known source.
- Our commission is 8.5% of the hammer price and VAT at 20% will be applied to the commission for Lots remaining within the UK. See clause 11 for breakdown examples of Lot(s) charges. We reserve the right to alter our rates and commission fees at any time. We advise our clients to keep up to date with our Terms.
- You are liable for paying the full amount plus fees and VAT as stated in clause 11 of these Terms.
- You are legally obliged as a Buyer to pay for your won Lot(s) within 3 days of end of the auction or a 3% surcharge will be added. Failure to pay within 3 days may result in your won lots being cancelled.
- It is your responsibility to check your countries restrictions and charges regarding customs and taxes prior to placing bids.
- Highland Whisky Auctions reserves the right to prohibit any User from future use of the Site and/or our services, where it is considered that the User has breached any of these terms.
- Sellers Terms
- You must be a registered user to sell on Highland Whisky Auctions.
- To sell, you will need to complete our lot registration form or contact us with as much detail as possible, noting any defects which may be on the bottle or box. Failure to provide defects that are noticed during our inspection may result in your item(s) being rejected by us.
- Sellers will then send each Lot to our premises (such details to be provided following completion of the Lot registration) where the Lot will be held during the course of the auction.
- Each Lot registration will cost £3+VAT (per bottle) and will be deducted from monies transferred on completion of sale.
- Sellers are strictly forbidden to place bid on their own Lot(s) and/or have anyone do so to artificially increase the value. We reserve the right to remove these Lot(s) from the auction whereby illegal bidding has taken place. In the event of this, an administration fee of £20 and costs incurred in delivering the item(s) back to Seller will be charged to the Seller.
- Sellers commission is 0% of the hammer price. We reserve the right to alter our rates and commission fees at any time. We advise our clients to keep up to date with our Terms & Conditions.
- In the event of no sale of your Lot(s) due to no bids being placed or a reserve is not met, your Lot(s) will be automatically listed in the next auction unless you tell us otherwise. After this time, unless otherwise agreed, the item(s) can be delivered back to you at your cost and lot fees are to be settled prior to dispatch from our premises.
- When you list Items upon our Site:
- all information you provide to us must be true, correct and complete;
- the Items must match the description of them you provide and as set out upon this Site;
- you must be the legal owner of those Items, or authorised by the legal owner to list the Items (and provide evidence of such matters to us upon request);
- the Items must not be subject to any lien, charge, security or encumbrance, or third party claim, or the subject of any dispute;
- you must have, retain and provide to us all information which is of material relevance to the Items (including any information relating to any concerns expressed by third parties relating to the condition, provenance, authenticity, age, quality and origin of the Items);
- you must have all permissions and consents in place to allow us to use any images of the Items you supply with the Items (and you must provide evidence of these to us upon request).
- Payment to Sellers
- We aim to pay our Sellers between 7-21 days following completion of an auction. This is solely down to the buyer paying within 3 days and then taking delivery of the Lot.
- Payment will be made to you via your chosen payment method when registering with us.
- All fees will be deducted from the hammer sale price prior to payment to the Seller including VAT.
- Depending on the country you live in additional charges may apply during payments and transfers, these are payable by Seller.
- The Seller is liable for any associated charges when receiving the funds.
- Cancellation of a Lot is possible provided 48 hours notice of such cancellation has been given to us by you in writing. Highland Whisky Auctions reserve the right to charge a £20 fee plus VAT as a handling and admin charge for each cancelled Lot.
- Cancelled Lots will be shipped back to sellers at the Sellers’ cost.
- Once the auction has begun, we do not provide a cancellation service for Sellers.
- Buyers have the right to cancel and return any Item(s) if the Item(s) received did not meet the description on the Highland Whisky Auctions Site during that auction. The Buyer will have 24 hours from the time they receive the Item to notify Highland Whisky Auctions of any cancellation otherwise they will be deemed to accept the Item.
- In order to cancel and/or return an Item please contact us via our online form or email [email protected].
- Return delivery costs will be met by the Buyer.
- Highland Whisky Auctions
- We reserve the right to cancel any submissions to our auctions for any of the following reasons;
- the Items sent to us are not as described;
- there has been a mistake on the pricing of the Items;
- we cannot authorise your payment due to us or the Sellers;
- you are not allowed to sell Items through our Site;
- you are not allowed to purchase Items through our Site;
- items arrive damaged, have broken/missing seals or leaking at present;
- if a client breaches any of our policies or terms; or
- there has been no bid for the relevant Items.
- Highland Whisky Auctions reserves the right to prohibit any User from future use of the Site and/or our services, where it is considered that the User has breached any of our terms or policies.
- Fees & Vat
- We reserve the right to alter our rates and commission fees at any time.
- We charge Sellers for listing Items upon our site, and we charge Buyers for buying Items through our site. Our fees are as listed below:
Site registration fee, payable by Sellers and Buyers
Sale Commission, payable by Seller
Sale commission, payable by Buyer
8.5% of the sale price
Lot registration fee
£3.00 per bottle 20cl upwards & 50p per bottle for anything smaller
Lot reserve fee, to set a reserve price on an auction
Storage charges, where Items are held by us beyond ninety (90) days
£1.00 per day, per bottle.
Mileage payments, when required
40p per mile
Cancellation of an auction of a listed Item by the Seller
£20, plus any costs
Administration fee (where applicable)
Late payment fee (72 hours post auction)
3% total value per day
- VAT will be added to above charges, where applicable, depending on your country.
- When registering you must provide details of your specified payment method for sums due to us, and for sums due between buyers and sellers. We may use third party payment services providers to fulfil these payments. We, and/or these payment services providers may deduct and pay to us our charges from the sums paid between sellers and buyers. We accept the following credit cards and debit cards: Visa, AMEX, Mastercard. We do not accept cash.
- Your credit card or debit card may be charged at any time after you submit your listing or bid. Please ensure you have sufficient funds to meet any payment due to us, including any charges and the amount of any bid and delivery charges. Sums due to a seller may not be remitted until a reasonable period after the completion of the relevant auction.
- Below you can view breakdown examples of how we charge for a sold lot:
- A lot being sent within the UK where VAT applies:
Lot Price - £100
8.5% Buyers Commission - £8.50
20% VAT on Commission: £1.70
Total (excluding shipping & insurance) - £110.20
- Any lot being sent to the rest of the world:
Lot Price - £100
8.5% Buyers Commission- £ 8.50
Total (excluding shipping & insurance): £108.50
- VAT is calculated in line with Gov.uk Auctioneers' Scheme. If the Buyer is to take delivery out with the UK the example shown in clause 11.6.2 applies.
- Shipping, Insurances & Responsibilities
- Sellers are liable for any damage, loss or destruction in transit for any items that are sent to our premises.
- Highland Whisky Actions will not take responsibility for any damage or loss caused during transportation of any Items(s), with the exception of where it can be demonstrated that such loss has occurred as a direct result of negligence by employees or directors of Highland Whisky Auctions.
- We take full responsibility once these Items arrive at our premises. They are fully insured for any damage, loss or destruction caused as our premises (excluding any act of god, riots or terrorism).
- Sellers must arrange for the delivery of Items to us by contacting us, to enable us to place a listing on the Site.
- Sellers must pay all costs relating to any delivery to us, or (if we decline to place a listing or cancel a listing pursuant to these terms or a listing is withdrawn) collection from us, of the Items.
- We provide delivery services in relation to completed auctions that is we will arrange for Items to be delivered to Buyers following an auction. We provide these services ourselves and through separate courier providers. Once the Items are packaged and in the hands of the courier, we are no longer liable for the Items and the responsibility then falls onto the Buyer. The Buyer has the option to add delivery insurance at checkout.
- Please see further information on our Shipping and Insurance page.
- Our storage facility is available to Sellers and it subject to demand. This is an option at checkout when paying for Items registration.
- Storage is free of charge up to 90 days from the date we first receive the Item. Costs of storage is £1 per Item per day thereafter.
- Where we hold Items for a period of beyond ninety (90) days, we may levy a charge for storage.
- Where we hold Items from more than 90 days, we reserve the right to take ownership of or resell any Items which remain on our premises where the buyer has not made any arrangements for collection or payments.
- Valuations provided by Highland Whisky Auctions prior to any sale are an approximation.
- Should a Seller require a minimum price then a reserve should be added to the Lot to suit.
- To obtain a valuation, you must fill out our online form or email us with a detailed description and detailed pictures showing the condition of the items you require valued.
- In the event of a valuation given without a detailed description and pictures. We will base our valuation on the item being in perfect condition with no defects.
- Contact Information
- Highland Whisky Auctions Ltd welcomes any questions, queries or concerns you may have. You can contact us using any of the following methods:
- Simply fill out our online form;
- Email [email protected];
- Postal address - Unit 4 Blackburn Industrial Estate, Woodburn road, Blackburn, Scotland, AB21 0RX.
- Force Majeure
In the event either party is unable to perform its obligations under the terms of this agreement because of acts of god, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
Our failure to enforce any of the provisions set out herein, or failure to exercise any option to terminate, shall not be construed as waiver of any 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.
- No Liability
- Unless where expressly provision for in law we disclaim all liability for any loss, cost or damage incurred directly, indirectly, consequentially or otherwise suffered by you as a result of your use of our Site including but not limited to computer viruses or distributed denial of service attack transmitted through our Site or from third-party sites accessed through our Site whether such loss, cost or damage arises from our negligence or otherwise whether or not we expressly informed of the possibility of such loss or damage.
- Further, except as explicitly set out in these terms, no person other than you may enforce these terms.
- Notification of Changes
You undertake that throughout the term of this Agreement you will promptly notify us of any change to the details supplied by you and any material or anticipated change in your financial circumstances which may affect the basis upon which we do business with you.
- Highland Whisky Auctions
We reserve the right to alter our terms at anytime as we seem fit to do so. Continued use of our Site signifies to us that you accept any alterations carried out to these terms.
Please refer to our Cookies Policy for further information.
- Third Party Sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site will be governed by the terms and conditions of that third party site, not these terms. You must not link to this Site without our consent.
- Intellectual Property
- When you submit content to our Site you grant us the right to use that content in connection with our business. This includes storing that content, and making that content available via our Site. We may permit other people to do this on our behalf. These rights shall be free (you won't be able to charge us for these rights) and irrevocable, and shall exist perpetually. You agree that we do not have to identify you as the author of that material, and that you shall have no right to object to our treatment of that material. This does not affect your rights under laws relating to personal data. However, where any personal data is contained in that content, you consent, and must have any other identified person's consent, to submit that content.
- This Site and all intellectual property in it is owned by us and or licensors or both (as applicable). Intellectual property includes the copyright in our Site, our trade marks and domain names, and those of other people, design rights, for example in our user interfaces, database rights, and all other intellectual property or rights of any kind, and whether or not they are registered or unregistered, even if it were possible to register them (and we have not progressed any such registration).
- We and our licensors reserve all of our and their rights. This means, for example, that we (and they) remain owners of their intellectual property and remain free to use them as we (and they) see fit.
- You have the right to access and use our Site, to auction Items, and to find out information about us and Items being auctioned by sellers (and to bid upon those Items), and subject always to these terms. Nothing in these terms or otherwise grants you any other right, title or interest in or to the Site
- Consumer Terms
- By law, if acting as a consumer, we must give you certain key information before a legally binding contract between you and us is made.
- If you are listing Items with us as a consumer, you would normally have the right to cancel the contract between you and us for listing Items within fourteen (14) days without giving any reason. However, as part of the listing process we ask you to expressly consent to the commencement of the provision of our auction services as part of our listing process. This means you retain the right to cancel but if you exercise it you must reimburse us for our reasonable costs and expenses. The cancellation period will expire after fourteen (14) days from the day that we send you confirmation that your listing has been accepted.
- Buyers cannot cancel contracts for the purchase of Items at auction, as they have been concluded at a public auction. However, they can cancel contracts for the purchase of Items set at a fixed price, and not at auction.
- To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (for example a letter sent by post, a fax or an email). You can use the model cancellation form set out in the box below, but it is not obligatory. You should send it to us using the means of contact set out in these terms.
- No changes to these terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms from time to time.
- General terms relating to our Site
- You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
- Whilst we will try to make sure our Site is available and functions properly at all times, we do not guarantee that our Site will be available all the time, or at any particular time, that our Site will function properly, or that any functionality upon our Site will be available at all, or any, times. Further, we may suspend or terminate operation of the Site at any time as we see fit. We may also restrict access to our Site to any person at any time whom has either breached these terms, or who is not engaged in any current auction or sale, or to protect the rights, property or safety of others. If you need to buy Items through our Site for a particular time or occasion, please do this as far in advance as possible, in case our Site is unavailable at the time you need to access it.
- While we try to make sure that our Site is accurate and up-to-date, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Whilst we make certain requirements as regards those listing Items upon our Site as regards the information they submit, we have not verified that information, and shall not be liable to any buyer for any error or misrepresentation in that information. Where we provide previous sale prices for similar Items, this is for information purposes only, and does not guarantee that any sale or purchase of any other good shall be at the same or a similar price.
- Where the Site allows you to login you must keep your password and other account details confidential. Please let us know immediately in the case that you suspect or know your password or other details have become known to any other person, and please do not allow any other person to use your login. You are liable for any use made of our Site via your login.
- We may prevent or suspend your access to the Site if you do not comply, or we suspect you have not complied, with any part of these terms or any applicable law. This shall be without prejudice to our other rights and remedies in respect of such breach. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these terms.
- If your failure to comply may endanger the rights, property or interests of any other person, or we suspect that may be the case, we may disclose your details and any other relevant information we hold about you, to help prevent any damage being suffered.
- Neither party shall be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.