Terms & Conditions
Terms & Conditions
By registering for Click Whisky Auctions, either as a Buyer, Seller or Member, you are agreeing to be bound by the terms & conditions contained herein, as well as any additional terms and conditions of using the site, which can be found at our website: www.clickwhiskyauctions.com.
References: Within these terms & conditions, the use of the terms "we" or "us" refers to Click Whisky Auctions Ltd. Use of the terms "you", "your", "they" or "their" refer to the user/member/registrant of the site.
1. GENERAL
1.1 Click Whisky Auctions Ltd or "Click Whisky Auctions" is a company registered under the laws of Scotland with the following details:
1.1.1 Registered company number SC735037
1.1.2 VAT registration number GB 425926383
1.1.3 Registered address: Unit 4, Chanonry Court, Chanonry Road South, Elgin, IV30 6NG
1.2 Please direct any enquiries about these terms & conditions to [email protected]
1.3 Terms & conditions are subject to change by us at any time without prior notice. Please ensure that you regularly check for any updates.
1.4 These terms are available in English language only.
1.5 When using our Site, you agree to legally accept the terms of:
1.5.1 our privacy policy
1.5.2 our cookie policy
1.5.3 our counterfeit policy
1.5.4 our money laundering policy
1.6 Our Site is www.clickwhiskyauctions.com
1.7 We may update the terms & conditions of our Site from time to time - please check regularly to ensure that you are familiar with and agree with any changes.
2. ACCOUNT REGISTRATION
2.1 To bid, buy or sell on our auction, you must first register an online account at clickwhiskyauctions.com.
2.2 All registrants must pay a one-off fee of £5 + VAT when they open their account, which is necessary to verification purposes. This fee is subject to change at any time without prior notice.
2.3 Personal details will be required as part of the registration process. Additional details may be required if you are a Seller (e.g. bank payment details), or a Buyer (e.g. credit check). Our practices conform with the Data Protection Act 2018.
2.4 Once registered the onus is on you to keep your personal details up to date at all times. Do not share your account password or login details with anyone else. You are liable for all bids made from your account without exception.
3. AGE & IDENTIFICATION
3.1 All registrants must be aged 18 or over (U.K. residents) or meet the minimum age requirement for buying alcoholic beverages as set down by law in their country or state.
3.2 We reserve the right to ask for identification to verify age and prevent any underage activities. Please be aware that when collecting or dropping off whisky at our premises, you will always be asked to provide photo ID. If collecting on behalf of someone else, we will require photo ID for both parties.
3.3 All shipments are signed for service. You will be asked to produce your ID to verify age and identity on delivery. All persons receiving shipments must be of legal age to drink or buy alcoholic beverages in their state or country.
4. ERRORS, OMISSIONS & CORRECTIONS
4.1 Occasionally, there may be errors, omissions or incorrect information on our website, in the live or not live environment. We will always endeavor to update information as soon as possible and reserve the right to make changes, remove items from sale, or cancel orders where information is incorrect or an error or omission has occurred (this also applies post-sale).
5. FORCE MAJEURE
5.1 We shall not be held in breach of these terms nor liable for delay in performing, or failure to perform, any of our obligations under these terms if such delay or failure result from events, circumstances or causes beyond our reasonable control.
6. LIABILITY
6.1 These Terms do not limit liability where it cannot be legally limited, including liability for: death or any personal injury caused by negligence or fraud.
6.2 We do not accept liability for any losses if you are a Business Buyer or Seller.
6.3 Where you are a consumer and we have failed to comply with our obligations under these terms, we will be responsible for the loss or damage you suffer that is a foreseeable result of our breach, but we are not responsible for any loss or damage that is unforeseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract was made, we both knew it may happen.
6.4 Our total liability to You arising under or in connection with these Terms, under any circumstances, will be limited to either (1) the amount paid by You as a Buyer in relation to an Item, or (2) the lower of the reserve price or valuation of Your Item as a Seller.
6.5 Bottles purchased from Click Whisky Auctions are sealed as far as possible, the contents are incidental and bought at the Buyer's risk. Click Whisky Auctions accepts no responsibility for the condition of the liquid which can be of an antique nature.
7. CONTACT
7.1 If you need to contact Click Whisky Auctions for any reason, you can do so by the following means:
7.1.1 Email [email protected]
7.1.2 Call +44 (0)7557 358541 Monday to Friday 9am to 5pm (UK time)
7.1.3 Write to Click Whisky Auctions Ltd, 4 Chanonry Court, Chanonry Road South, Elgin, Moray, IV30 6NG, United Kingdom
7.2 Please note that Click Whisky Auctions may not respond outside of opening hours (7.1.1) or during UK Public Holidays, or at other times as set out on the website or communicated to you via email.
7.3 Calls may be recorded & correspondence may be retained for training and quality purposes.
7.4 Abusive behaviour towards employees will not be tolerated in any form. Any Member who disrespects employees in this way may be excluded or reported to authorities where appropriate.
8. STATUS
8.1 We act as agents for the Sellers of items as listed on our Site. When you buy items on our Site you enter into an agreement to buy them from those Sellers and not from us.
8.1.1 The contract for the sale and purchase of those goods 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.
8.1.2 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.
9. CONTRACT
9.1 This contract is between You and Us and no-one else shall have any right to enforce any of the Terms herein.
9.2 This contract can be enforced at any time.
9.3 This contract is governed by Scots Law, any disputes will be settled in the Courts of Scotland.
9.4 Complaints can be made in writing to [email protected]. We aim to respond to your complaint within 10 working days. Your statutory rights are not affected.
10. SELLER TERMS
10.1 You must register at www.clickwhiskyauctions.com before selling any lots at our auction.
10.2 A lot comprises of one or more items which the Seller wants to group together to sell in a single transaction to one Buyer. The Seller can sell as many individual lots comprising of one or more items as they wish in any auction.
10.3 The Seller is responsible for getting their lot or lots to us before the deadline for the next auction, otherwise their lot or lots will be listed on the following or next available auction. Options for pick-up
by courier or collection by Click Whisky Auctions where possible, can be found on our website. A collection charge may be payable, please always check in advance of arranging a pick-up.
10.4 It is the Seller's responsibility to ensure that their lot or lots are adequately packed and insured for shipping or transit to our premises - Click Whisky Auctions accepts no liability for any items lost or damaged enroute. Seller agrees to send photos & descriptions of condition of bottles in advance.
10.5 Seller must be of Legal Age to sell alcohol and they must have the legal right to sell the item/s.
10.6 Certain items are excluded from our auction and will be returned at the Seller's expense. Please contact us before shipping any goods to our premises to ensure that your items are permitted.
10.7 Once received, Click Whisky Auctions will decide whether or not the items are suitable for sale at our auction. Examples of items which will be excluded are items which we do not accept (please contact us for a full list), items which are damaged, have cuts to the glass, have broken seals or are leaking and items we suspect are not authentic. These items must be collected by the Seller or returned to them at their own expense. Failure to collect these items after a period of three (3) months will result in them being destroyed.
10.8 The Seller, by registering to sell with Click Whisky Auctions, confirms that their items for sale are authentic. We reserve the right to consult specialists to confirm if an item is authentic. Click Whisky Auctions does not accept any liability for claims raised against the authenticity of any items in our auction.
10.9 Click Whisky Auctions reserves the right to exclude from our auction and website any Seller who we suspect of attempting to sell non-authentic or stolen items. Any Seller suspected of illegal activities will be reported to the appropriate authorities.
10.10 Seller agrees that all information provided is factual and correct. Any dispute arising from the authenticity of an item by the Buyer, which cannot be proven by the Seller, will result in the item being returned to the Seller at their expense, with all associated costs payable by them.
10.11 Sellers must be non-VAT registered. If the Seller is selling on behalf of a VAT-registered business, please contact us first so that we can ensure that the correct VAT conditions are applied.
11. SELLER FEES
11.1 VAT is applicable to all fees but not the hammer price of a lot (check the Selling Guide on our website for any exclusions). Sellers fees are calculated & charged by us in GBP as follows;
11.1.1 Listing fee of £5 + VAT per lot.
11.1.2 Successful lots sold to Buyer = 5% + VAT of final hammer price per lot.
11.1.3 Reserve fee (optional) = £6.50 + VAT per lot.
11.2 Reserves can only be set for items over £100.
11.3 Reserve prices will not be visible on the auction.
11.4 Reserve price must be met or exceeded for the lot to sell.
11.5 Click Whisky Auctions reserves the right to refuse an item for sale where we believe that the reserve is set prohibitively high. We will always advise but the Seller decides the reserve per lot.
11.6 Minimum selling price for any lot is £15 for 70cl and £20 for 1Litre items.
12. BIDDING
12. 1 Sellers are strictly forbidden to bid on their own lots or have relatives, friends or colleagues artificially inflate the value of their lots. If any Seller is found to do this, in breach of their contract with us, it will result in their contract with us being terminated in writing with immediate effect.
In this event, the Seller's lot or lots will be returned to them at their expense, or they can collect the item/s paying any expenses incurred (listing fees etc). The Seller will be responsible for any transit/courier costs and insurance. The Seller may be banned from participating in future auctions at our discretion.
12.2 Check our website for the incremental bidding structure which is subject to change at any time and without prior notice www.clickwhiskyauctions.com.
13. CANCELLATION
13.1 Cancellation of lot or lots at auction by Seller must be communicated in writing to [email protected] no less than twenty-four (24) hours prior to auction start date and time. Cancellations will incur an administration fee of £35 + VAT per lot or per item where it forms part of one lot.
13.2 Any fees paid by Seller in advance of auction will not be refunded in the event of the Seller cancelling an item or lot from the auction (for example, listing or reserve fees).
14. PAYMENTS TO SELLERS
14.1 Payments to Sellers for any lot or lots successfully sold will be made as soon as possible after we have received payment from the Buyer and after the Buyer has received the item/s without any dispute regarding accuracy of the lot description or having exercised their right to cancel. We aim to pay Seller within ten (10) working days after auction ends, however, that is not always possible. Where payment takes longer than fifteen (15) working days we will notify the Seller of the delay.
14.2 Payments will be made to Seller via bank transfer only. Please note that there will be a £15charge for SWIFT payments.
14.3 Seller will be responsible for any fees associated with receiving funds via bank transfer.
14.4 Seller must provide payment details on registration of account. It is the Seller's responsibility to ensure that these details are kept up to date at all times. Click Whisky Auctions accepts no liability for payments issued incorrectly owing to wrong payment information provided by Sellers.
14.5 Seller must provide payment methods to us on their registration for fees and charges agreed as part of sale. We accept debit and credit cards (no cash). We use a third-party site to process payments which may be subject to additional fees.
15. BUYER TERMS
15.1 Once registered as a Member on the website, you may place bids via your account.
15.2 Only the person registered for the account may bid for items via that account. Buyers should never share their login details or password with anyone else. Click Whisky Auctions accepts no liability in these circumstances.
15.3 Buyer must be of Legal Age for drinking alcohol in their country of residence. Items bought via Click Whisky Auctions can only be consumed by individuals who meet the Legal Age requirements in their country of residence.
15.4 Click Whisky Auctions reserves the right to ask first-time Buyer for ID to ensure compliance with Legal Age. Please note that Click Whisky Auctions will always ask for ID from any customer picking up lots from our premises or collecting from our representative. This is for proof of identity as well as proof of Legal Age.
15.5 Placing a bid to buy lots through our auction site represents an offer to buy the items listed in the auction. Offers may be accepted or declined by the Seller solely at their discretion. Sellers may withdraw goods from auction at any time, in line with our policy, in which case charges will apply. If Seller does not withdraw their items prior to the auction end, at auction end they will automatically accept the offer from the highest bidder. PLEASE NOTE once a bid is placed it is legally binding and cannot be withdrawn under any circumstances.
15.6 When placing bids in our auction, you accept liability for those bids from your registered account. You accept all of the terms and conditions of a Buyer as set forth herein when placing a bid, including settling payment within the timeframe.
15.7 When you buy a lot or lots through our auction, you must make payment within three (3) working days after the auction ends. Failure to comply will result in payment being taken via the payment card registered on your account. Late payments incur an additional 3% hammer price fee above the Bank of England base rate until settled in full. If no payment is made within the first one week (7 days) of the auction end, your contract will be terminated, and your account suspended. You may be charged to re-register your account, if and when we decide to reinstate it. Click Whisky Auctions reserves the right that any lot or lots not paid will be submitted for resale at next auction.
15.8 Click Whisky Auctions reserve the right to sell any unpaid lot or lots to the next highest bidder, with the permission of the Seller.
15.9 Once you make payment for any lot or lots it becomes your property. Click Whisky Auctions accepts no responsibility for any items once they have been shipped to you, collected by you or delivered to you. Insuring items whilst in transit to them remains the responsibility of the Buyer. Click Whisky Auctions strongly recommends that Buyers buy insurance when arranging shipping or ensure that they have adequate insurance in place when bottles are collected by them or delivered to them.
15.10 The Buyer agrees to indemnify Us against any and all claims, proceedings, liabilities, costs, expenses or losses against the Buyer and/or Click Whisky Auctions arising from:
15.10.1 Any actual or alleged breach of any undertaking or obligation by the Buyer to Us or to the Seller, whether by act or omission (including negligence) or;
15.10.2 Any personal injury, death or disease, loss or damage caused to any person by an item;
15.10.3 The exercising of any of Our rights, powers and/or duties permitted to Us by these Terms;
15.10.4 Your fraud and Our exercising of any of Our rights or powers in the event of such fraud;
15.10.5 Any error, incorrect description or omission in any description of the lot;
15.10.6 Accessing of Our Website; and
15.10.7 Any damage to an item as a result of any act or omission of the Buyer, or any other person (whether negligent or otherwise), whilst the Item is in the possession of the Buyer.
15.11 The highest bid placed on any lot at the time the auction concludes will be the winning bid. The buyer will receive a confirmation notification of any winning bid via email. You accept all responsibility for bids placed via your account in accordance with these terms. The contract for your purchase of the lot or lots shall be concluded once we send you the confirmation via email.
15.12 Bidding increments are subject to change at any time and without prior notice. Details of the bidding increments are available on our website www.clickwhiskyauctions.com. By placing a bid on our auction you are confirming that you have read and understood the bidding increment process.
15.13 Click Whisky Auctions reserves the right to reject an account registration, reject any bid placed, change reserves and withdraw permissions for users on our website, at our discretion (acting reasonably).
15.14 The Buyer may end the contract due to something that Click Whisky Auctions has done or is going to do (having given written notice of same). Buyer may terminate the contract for the following reasons;
15.14.1 We have advised you of a change to our Terms or your contract with us which you do not agree with;
15.14.2 We have notified you about an error in the pricing or lot description for the lot you have ordered and you have decided not to proceed;
15.14.3 Buyer has received item and found it not as described.
15.15 Buyer may not return any items which have been opened or damaged. Damage in transit should be related to the insurer and not Click Whisky Auctions, we accept no liability for any items damaged in transit. Buyer must communicate any issues with purchase immediately by contacting [email protected]. Buyer is responsible for return shipping, except by other agreement in writing from Click Whisky Auctions, including sufficient packing and insurance.
15.16 If you cancel your contract to purchase lots, you must return the items to us sufficiently and securely packed within fourteen (14) days. If they have been damaged or opened, we will deduct from sums repayable to you our reasonable costs arising from that, which may be the entire value of the items where they cannot be replaced.
15.17 Where you bid on a lot, you may set a fixed bid, or an initial and maximum bid. In the case of an initial and maximum bid we will automatically lodge additional bids for you in increments in accordance with our incremental bids table (available on our website), to ensure that you remain the highest bidder on that lot until your maximum bid has been reached (you are outbid).
15.18 At the end of an auction, any bids placed on a lot within the last 10 minutes of the auction time will prolong the current auction of that lot by a further 10 minutes. This ensures ‘sniping software’ cannot be used on any of our auctions.
15.19 Click Whisky Auctions reserve the right to extend an auction timer by any length at any point during the auction, especially where the website is not accessible, or there is technical failure at the initially proposed auction end time.
16. BUYER FEES
16.1 Buyers fees are calculated & charged by us in GBP as follows;
16.1.1 The final hammer price of your lot or lots;
16.1.2 Buyer Commission, which is 10% of the final hammer price of your lot or lots;
16.1.3 Buyers outside of the UK pay a surcharge of 3.5% for payments made by credit card.
16.1.4 Click Whisky Auction reserves the right to update or change any commission rates and fees in advance of auction start, at its sole discretion.
16.1.5 All lots are bought and sold complying with the Auctioneer's VAT Margin Scheme for VAT, except where a Seller has informed Click Whisky Auctions in writing in advance of auction start that it is selling for a VAT registered business, in which case the lots may be sold as VAT Applicable lots.
16.1.6 VAT is applicable to all fees and delivery charges for UK Buyers but not applicable to the hammer price of any Lot. Click Whisky Auctions accounts for VAT using the Auctioneer's VAT Margin Scheme.
16.1.7 Shipping insurance is charged at 3% of hammer price and is available on checkout.
16.2 Buyer is responsible for paying for insurance for delivery of lots, either via shipping or delivery by Click Whisky Auctions. There may be a charge for delivery by Click Whisky Auctions, please contacts us before deciding on shipping method.
16.3 Buyers must pay in full for their lots within three (3) working days and time of auction end. Late payments incur an additional 3% hammer price fee above the Bank of England base rate until settled in full.
16.4 Payment can be made to us via Bank Transfer (BACS), Debit Card or Credit Card.
16.5 Buyers should be aware that items offered for sale may contain damage in the form of tears, rips, stains, scratches, dents, rust etc., on bottles and/or boxes & other packaging. We endeavour to highlight this damage within the lot description and if it is clearly visible within the images and text displayed the Buyer has been deemed to have seen and accepted this condition and has no claim or right to any refund. Click Whisky Auctions accepts no liability for any damage resulting from shipping and transit and strongly advises Buyer to make sure that they have adequate insurance cover.
17 DELIVERY TO BUYERS
17.1 Once Buyer has settled their account in full, they can arrange to either;
Ship the lot or lots via our shipping partner. Onus is on Buyer to take out adequate insurance.
Collect from our premises: Unit 4, Chanonry Court, Chanonry Road South, Elgin, IV30 6NG during opening hours (please check our website for up-to-date information or contact us in advance. Please note that alcohol cannot be collected before 10am due to licensing laws.
Have lots delivered to you on an agreed date and time if you are located within the delivery area. Please note that a charge may be incurred at a rate of 0.45p per mile so please contact [email protected] before arranging for delivery.
17.2 Any lots delivered should be insured separately by the Buyer. Click Whisky Auctions accepts no liability for any items damaged in transit.
17.3 Lots won should be collected or delivered within fourteen (14) days of auction end. After this period, without further communication from Buyer, lots will be put in storage. Click Whisky Auctions will charge at a rate of £1 per day per item for any lots stored without written consent. Free storage is provided for any Buyers wishing to sell their items in the next auction. An additional fee of £15 + VAT per item will apply if Click Whisky Auctions have to store and remove from storage any items which Buyer has not applied for written consent to store after the initial fourteen (14) day period.
17.4 Click Whisky Auctions reserves the right to destroy or acquire goods which remain within the premises of Click Whisky Auctions after a period of three (3) months where the Buyer has not made arrangements to collect or ship the goods.
17.5 Delivery charges are inclusive of VAT. Please note that we are unable to ship or deliver to all locations. If you have any questions about shipping, please contact us to confirm that we can deliver to your country, state or location. Up-to-date information can be found on our website, where possible. Click Whisky Auctions accepts no liability for any shipping changes that are made by the shipping company which are outwith our control.
17.6 Tax and customs charges may apply in your country, state or location for lots being shipped outside of the UK. These fees are solely the responsibility of the Buyer.
18 GENERAL TERMS
18.1 Seller must own and give permission for us to use any images supplied by them to us to facilitate the sale of their item at our auction.
18.2 Seller permits Click Whisky Auctions to take photographs of their lots and use those photographs for advertising purposes.
18.3 Click Whisky Auctions operates several social media channels and/or community forums. These channels may not be regularly monitored. Click Whisky Auctions accepts no liability for any posts, content, interactions or false, fraudulent, offensive or misleading information posted there. Any such content does not reflect the views of Click Whisky Auctions and is not endorsed by us.
18.4 You can opt out of our regular newsletters or other email communications at any time from your Account Hub. Please note that all Seller or Buyer emails relating to the sale or purchase of a lot or lots are mandatory to complete your transaction.
18.5 Communication via the Internet is not secure. Whilst we try to ensure that our site is secure, we cannot guarantee the security of any information that you supply to us via our site, therefore, we cannot guarantee that the information provided will remain private, for example during transmission to us. Please ensure that your own antivirus and firewall software etc., is up to date before accessing our site.
18.6 Our website or social media channels may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites or social media channels 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 or social media channel does not mean that we endorse that third party's website, social media channels, 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.
18.7 Following the release of any limited edition or special release bottles, Click Whisky Auctions reserves the right to only accept 1 bottle per customer per auction and to limit the number of those bottles in the auction. If this happens, we propose to the Seller that they list these additional items in the next available auction.
18.8 In the event that any of these terms and conditions are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these terms and the remaining terms shall continue to apply.
18.9 No-one else has any rights under this contract. This contract is between you and Click Whisky Auctions. No other person shall have any rights to enforce any of its Terms.
18.10 If a governing court of law finds part of this contract illegal, the remainder will continue in force. 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.
18.11 We may institute promotions from time to time. These will be advertised on our site and will attract their own terms. We may withdraw promotions at any time, and without prior notice.
19 WAIVER
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.
20 COMPLAINTS
We want you to enjoy your Click Whisky Auctions experience. If you are unhappy about something or have a complaint, please contact us;
By Email: [email protected]
By Phone: +44 (0)7557 358541
By Post: Unit 4 Chanonry Court, Chanonry Road South, Elgin, Moray, IV30 6NG, United Kingdom
21 NOTIFICATION OF CHANGES
Click Whisky Auctions reserves the right to periodically change these terms with immediate effect as it sees fit, your continued use of our website will signify your acceptance of any amendment to these terms. If there are any changes to our policies, we will announce that these changes have been made on our home page and on any other key pages on our website. If there are any changes in how we use our website customers’ personally identifiable information, notification by email will be made to those affected by this change. Notwithstanding this, your statutory rights are not affected.
22 GOVERNING LAW
These terms are governed by the Laws of Scotland. By accessing our website, using or purchasing our services you shall be deemed to have accepted said terms and conditions and in so doing you consent to the exclusive jurisdiction of the courts of Scotland.
23 CHANGES TO TERMS
These terms are dated and valid from 17/11/2022. Unless agreed by us in writing, no changes to these terms are in any way valid or authorised. We reserve the right to modify these terms from time to time without prior notice.
