Terms & Conditions

Terms and Conditions

  1. This “website”, “site” (www.prestigewhiskyauction.com) is operated by Prestige Whisky Auction Limited (“we”, “us”, “our”) We are a company registered in Scotland with company registration number SC699222. 

 

  1. By registering with us you are agreeing to the below terms and conditions which are governed by laws of Scotland. These are in addition to our Privacy Policy and Counterfeit Policy and they set out how we operate. References to “you”, “users”, “buyer”, “seller” and “member” refer to those customers who have registered with our site and paid the one-off registration fee.

 

2.1. The term “lot”, “lots”, “goods” refers to the item being sold or purchased in our auction.

 

  1. How We Operate

 

3.1. Our website is an online auction for buying and selling whisky and everything will be sold and purchased online.

 

3.2. All users must register with us prior to taking part in an auction either as a buyer or seller. Registration including payment is completed online and the charge is £5 + VAT. This provides a lifetime membership for each user.

 

3.3. During registration, we will request various pieces of information such as full name, postal address, contact number, email address and date of birth. Users planning to sell whisky will also have to disclose bank details for payment to be received from us. All personal data held by us will be stored and processed in accordance with the Data Protection Act 1998. Further information can be viewed in our Privacy Policy.

 

3.4. We reserve the right to refuse a member’s registration for any reason and without explanation.

 

3.5. It is the user’s responsibility to ensure all personal information is kept updated. We will not be held responsible for issues caused by inaccurate or incomplete information.

 

3.6. It is the user’s responsibility to ensure their account details and password is kept confidential and no third party should be permitted to access or use your account on your behalf. You will be held liable for any and all bids made using your account.

 

  1. Age Restrictions & Governance

 

4.1. We are governed by the Laws of Scotland and will adhere to these at all times. All our lots will adhere to minimum alcohol pricing set by Scottish Government. By registering, whether using our services or not, you confirm that you accept our terms and conditions and consent to the exclusive jurisdiction of Scottish courts.

 

4.2. All buyers and sellers must be over the age of 18 years old or older, according to licensing laws in your own country.

 

4.3. If we suspect that a user is below the legal drinking age, we reserve the right to request additional information.

 

4.4. When orders are delivered, our staff or courier partners will request ID for the intended recipient. As part of the “Challenge 25” initiative, our staff or delivery partners reserve the right to ask for ID which includes a photograph and date of birth.

 

4.5. If the recipient is deemed as underage, the order will be returned to us at buyers' cost until it can be resolved. Further re-delivery charges must be covered by the buyer.

 

  1. Selling

 

5.1. “Sellers” are members who wish to send their bottles to us to enter in an auction on their behalf. They must have registered with us in order to become a seller.

 

5.2. Those looking to sell must register their bottle via their online account or by completing our downloadable “bottle registration form”.

 

5.3. Sellers will pay a bottle listing fee for each lot they enter. This is set at £3 + VAT.

 

5.4. The seller is responsible for declaring any damage to a bottle or box on the registration form.

 

5.5. The seller must arrange the safe transport of their lot to us. It should be securely packaged for transit. We will not be held responsible for any bottles which are damaged or lost in transit to us. Sellers should ensure they send bottles on a fully trackable service and must upload tracking number on their online account.

 

5.6. Should the seller opt to use our personal delivery or collection service, they do so on the basis that we are not responsible for the damage or loss of goods while in transportation from/to our premises and buyer/seller.

 

  1. Unacceptable Items

 

6.1. We are not able to accept the following items in our auctions:

∙ Decanters or Glassware

∙ Bottles with broken seals

∙ Bottles which are passed marked “use by”, “sell by” or “best before” dates.

 

6.2. We reserve the right to refuse to add any items in our auction. If lots are rejected, it is the seller’s responsibility to have goods returned by courier (at their cost) or have collected in person.

 

6.3. We reserve the right to limit the number of bottles of a particular type in any one auction, for example, new releases.

 

6.4. We reserve the right to limit the number of bottles of any one particular type from one buyer in any one auction.

 

  1. Receipt of Bottles for Selling

 

7.1. Once bottles have arrived in our premises, they will be thoroughly checked for damage and authenticity, ensuring condition is consistent with registration form.

 

7.2. To the very best of our ability, we will always ensure that product descriptions and photographs reflect any relevant remarks that buyers should consider, eg. damage to presentation box.

 

7.3. If there are any discrepancies between the registration form and bottle received, we will check this with seller. We reserve the right to refuse items to be entered in our auction. Bottles which have been rejected must be collected or shipped back to seller at their own cost.

 

7.4. If there is any doubt on authenticity of lots, we will have this rigorously checked over by our team and industry experts. If found to be a counterfeit, the user will be disqualified for life and will be reported to relevant authorities. Bottles which have been rejected must be collected or shipped back to seller at their own cost. We reserve the right to destroy counterfeit items.

 

7.5. Upon completion of all checks, we will notify the user of which monthly auction the bottle will be entered in to. This will usually be the next auction unless specified by seller or bottle submission date has passed.

 

7.6. Each lot will usually consist of one bottle unless seller requests otherwise: for example, a small series or collection. Sellers must detail this within bottle registration form.

 

7.7. We will professionally photograph each lot and write a detailed description which will appeal to prospective buyers.

 

7.8. If a seller has any issue with a photograph or description, they must notify us in writing prior to an auction starting. We will not be held responsible if reported after auction has started.

 

7.9. Starting bids for most bottles will be £20 due to minimum alcohol pricing set out in Scotland’s Licensing Laws. This may vary according to size of bottle but we will always follow legal requirements and laws in Scotland.

 

  1. Reserve Price

 

8.1. Sellers have the option to add a reserve price onto their lots to prevent them selling for less than they wish.

 

8.2. All reserve fees must be equal to or greater than £100.

 

8.3. If a lot does not meet the stated reserve price, the item will not be sold. You will still be charged the bottle listing fee of £3 + VAT plus the optional reserve fee of £4 + VAT.

 

8.4. Should a lot not meet the reserve price and therefore not sell, you will be notified by email. You can choose to collect the lot or enter it into next auction. We will offer storage for up to 60 days free of charge.

 

  1. Forbidden Bidding

 

9.1. Sellers are strictly forbidden to bid on their own lots and/or have any known contacts bid on their behalf. We stringently check all bidders against each lot and should this activity be identified, all parties involved will be reported and banned from registering with us for life.

 

9.2. All lots which are affected by this illicit activity will be removed from auction. Goods should then be collected from us (at seller’s expense).

 

9.3. We reserve the right to apply an administration charge of £50 + VAT to cover costs involved.

 

  1. Sellers' Fees

 

10.1. We do not charge any sellers' commission for lots sold at auction. Costs involved with selling are as follows:

 

One-off member registration fee (£5 + VAT)

Bottle Listing fee (£3 + VAT)

Optional reserve fee (£4 + VAT)

 

We reserve the right to amend or update these rates as deemed necessary for our business.

 

10.2. For all sellers in UK, VAT will charged at 20% to all of our selling fees listed above.

 

10.3. Sellers out with UK will be charged VAT at 0% however you must ensure all local duties/taxes are paid in country of shipping. We are not responsible for detailing and covering these costs.

 

10.4. Payment to us can be made by most major credit and debit cards. Any payments made by non-UK/EU cards, including American Express, will incur a 3.5% surcharge.

 

10.5. We are also able to accept payments by bank transfer. Details will be available on request.

 

  1. Seller Payment:

 

11.1. Upon a lot selling, we will deduct the above fees (+ VAT if applicable) from the hammer price leaving a final amount payable by us to the seller.

 

11.2. All sellers must ensure that we are provided with correct bank details in order to pay all monies to you. It is the responsibility of the seller to check and update bank details regularly. We will not be responsible for any errors in payments made to details listed on your account.

 

11.3. Should an error occur due to incorrect details, we may charge an administration fee of £100 + VAT to trace and organise return and repayment to your account.

 

11.4. Payment will be sent by bank transfer unless mutually agreed between us and seller. This should be discussed prior to bidding in an auction.

 

  1. Seller Cancellation

 

12.1. Should a seller wish to withdraw an item from our auction, we must be advised in writing 14 days prior to relevant auction start date. The seller will not be refunded for any bottle registration fee and reserve fee (if applicable).

 

12.2. Sellers waive the right to any cancellation or refund request should a cancellation request be made after this 14-day period. The lot(s) will remain in the relevant auction and no charges will be refunded. No lots can be cancelled or removed from an auction which has started.

 

12.3. We will respond to any cancellation requests within 48 hours by email.

 

12.4. Once a cancellation has been accepted and processed, the bottle(s) will be available to collect from our warehouse. Collections can be carried out by courier (at cost to seller) or in person. This should be discussed between us and seller to mutually agree what is convenient.

 

  1. Buyer Bidding

 

13.1. Buyers must register with us, paying a one-off registration fee of £5 + VAT. This provides a lifetime membership with Prestige Whisky Auction Limited.

 

13.2. During a live auction, buyers will enter and submit their maximum bid for a specific lot. Bids will be determined by our incremental bidding terms as detailed below. Submitted bids cannot be withdrawn.

Minimum Next Bid Increment

 

£15 - £24.99 £2.50

£25 – £99.99£5.00

£100 – £249£10

£250 - £999 £20

£1000 - £2499 £25

£2500 - £4999 £50

£5000 - £9999£100

£10,000 + £250

 

13.3. Should a buyer bid on a lot within the final 5 minutes of an auction, our “anti-sniping” software will automatically extend the lot end time by 10 minutes. This will continue until there are no more bids. As a result, some lots may finish at different times.

 

13.4. In addition to final hammer price, buyers are subject to the following fees: 

 

Buyer Commission – 10% of final winning bid, known as hammer price.                   

Delivery – Costs for delivery will depend on shipping address and size/weight of package. See “Shipping & Insurance” (https://www.prestigewhiskyauction.com/shipping-and-insurance) for more information.

Insurance – Optional at checkout

 

We reserve the right to amend or update these rates as deemed necessary for our business.

 

Please note that VAT (currently 20%) will be added to all costs for UK-based buyers. Those out with the UK will not be charged VAT however it may be applicable for the country the package is being shipped to.

 

13.5. Buyers' fees as detailed in section 13.4 will be added to hammer price and this will be total due to us. This is detailed in checkout section within member account.

 

13.6.  Bidders are required to conduct their own research and due diligence. All Items are sold on a "sold as seen” basis. Lots are photographed in their entirety and shown fully. If there is no box/packaging shown then this is not included.

 

  1. Buyer Payment

 

14.1. At checkout, you will be asked to select payment method. Payment should be made by bank transfer or via our online payment system where we accept all major credit and debit cards. Please note that any payments made by non-UK/EU cards, including American Express, will have a 3.5% surcharge added for credit card payments.

 14.2. Upon winning, therefore buying a lot, you will have 72 hours to make payment for the lot won. Should buyer not make payment within 72 hours, a late payment charge will be applied. This charge is 4% of the full outstanding balance and will be added to checkout in member account. Should this occur on more than two occasions we reserve the right to temporarily suspend or permanently prevent a member from participating in our auctions.

14.3. You acknowledge that under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, s28 (1)(d)(i) & (iii) refunds do not apply to the sale of alcoholic beverages by Auction and thus do not apply to this website or any transactions completed through it. 

Bidders are required to conduct their own research and due diligence. All Items are sold on a "sold as seen” basis. Lots are photographed in their entirety and shown fully. If there is no box/packaging shown then this is not included.

14.4. Non-payment after 72 hours will be passed to our debt recovery company who will pursue the full outstanding balance including commissions. Any fees incurred by taking this action will be passed to the buyer for payment.

 

  1. Delivery of Lots

 15.1. Once payment has been received in full, we will carefully package your bottle(s) and prepare for selected shipping method. Confirmation of order being ready to ship will be updated in member account.

 

15.2. Shipping by courier is our preferred method due to volume of goods we handle however it is possible to collect in person from us by appointment or use our white-glove service.

 

15.3. Delivery rates are calculated at checkout and estimated transit times are also displayed. Delivery is not possible to every country however we strive to cover as much as possible. Buyers should ensure we are able to deliver prior to bidding on an item as bids cannot be withdrawn. Any queries should be discussed with our team. For more information, please see our “Shipping & Insurance” section.

 

15.4. Delivery costs shown include VAT where applicable. Any local duties/taxes or other additional charges will not be covered and will be paid by buyer.

 

15.5. While we will handle and package all orders with care, buyers accept that due to nature of industry, ages of bottles and seals there is a possibility of breakages and leakages during transport. Buyers therefore accept full liability and we will not accept claims of this nature. This applies to bottles which are delivered by any method – courier or personal delivery.

 

15.6. Delivery does not include insurance as standard. This can be added at checkout and is charged at 4% of cost of item to be insured. This will only cover loss and breakages in transit. Breakages caused by bottle condition will not be considered.

 

15.7. Should a buyer opt to collect from our warehouse during checkout, they should do so within 14 days of order marked as completed unless mutually agreed with us in writing. If an order is not collected by 9am (UK time) on 15th day after auction ending, we will accept delivery and store within our warehouse for 60 days free of charge. From 61st day, we will apply a storage charge of £2 + VAT per day until bottle collected. Buyers who do not collect within 14 days accept they are waiving all rights to cancel/return an order for any reason.

 

15.8. We reserve the right to take ownership of any bottles which remain in our storage facility for more than 90 days without mutual agreement in writing.

 

  1. Buyer Cancellation

16.1. Once a buyer confirms and submits their bid, it is not possible to cancel or withdraw this. 

 

16.2. After receiving the items, the buyer has a 14-day cancellation period whereby the items can be fully refunded only if the items did not meet the description as shown on the auction listing. If the buyer opts to use the storage facility at checkout, any rights to cancelation and refund is void. Cancellation requests must be made in writing to [email protected]. Buyers accept that all cancellation rights are waived should collection not take place within 14 days of lot being marked as complete and ready for collection.

 

16.3. All lots sold by us as thoroughly examined for many reasons including authenticity and condition. To the very best of our ability, we will always ensure that product descriptions and photographs reflect any relevant remarks that buyers should consider, eg. damage to presentation box. Should you receive an order which you are unhappy with then email us immediately with a full detailed explanation, including photographs if necessary, to [email protected].

 

16.4. Dependent on reason for cancellation/return, we can offer full or partial refunds of price paid, delivery costs or commissions at our discretion. Refunds will be processed within 14 working days and issued to original payment method. This is subject to receiving the bottle(s) in good condition.

 

16.5. All returns must be delivered to our warehouse in person or by trackable courier service. This will be at buyers’ cost and insurance for the package is recommended. We will not be responsible for any costs or damages incurred during transit to our warehouse.

 

16.6. It is not possible to cancel an order once goods have left our warehouse for delivery or have been collected in person.

 

  1. Our Cancellation Policy

 

17.1. We reserve the right to cancel any contract with sellers and/or buyers as deemed necessary. This may be a result of breach of our payment terms, our terms and conditions, bankruptcy/liquidation, handling counterfeit goods or other company policies we have made accessible on our site. This is list is not exhaustive.

 

17.2. We reserve the right to make this cancellation permanent in which the member can no longer register or trade with us indefinitely.

 

  1. Member Confidentiality

 

18.1. All reserve prices and bidder information will be kept confidential. No parties other than us can view this information at any time.

 

18.2. All client information will be held in accordance with Data Protection Act 1998.

 

18.3. All member information will remain private and will not be divulged to others except when required by law.

 

18.4. We will never share, sell or disclose member information to any other third-party.

 

  1. Our Liability

 

19.1. We will not be liable for any damage to bottles when in transit to/from our warehouse. We are however liable for any goods which have been received and stored in our warehouse. Any loss or damage which occurs due to an “Act of God” will not be covered.

 

19.2. Any valuations are based on market value and as such we will not be responsible for any losses incurred based on these. If you require a minimum selling price then we strongly suggest adding reserve price to lot.

 

19.3. All bottles sold by us are in sealed condition and therefore it is assumed contents are incidental however bought at your risk.

 

19.4. We will not be liable for any unforeseen circumstances or those out with our control.

 

19.5. If we believe that any members have been involved, in any way, of handling counterfeit goods they will be reported to relevant authorities. Goods and personal information will be passed, if requested, to authorities.

 

  1. Force Majeure

 

20.1. Should any events arise that our members and/or us are responsible for, such as delays in processing, deliveries and general service, neither party will be held in breach of these terms and conditions. Events shall include, but not be limited to, terrorism, Act of God, politics, earthquake, flood, pandemics or any other natural eventuality out with our control.

 

  1. Changes to Terms and Conditions

 

21.1. We reserve the right to make changes to these at any time with immediate effect. General changes will be displayed on our website and you confirm your acceptance by continuing to use the site regularly. Any significant changes applicable to buyers/sellers will be sent directly by email however we recommend you read through these terms and conditions regularly.

 

21.2. Notwithstanding the above, your statutory Consumer Rights are not affected by this section.