About

Terms & Conditions

In registering to this website, and specifically by participating as a Buyer or Seller in any auction

run by this website, you are deemed to have read and agreed to the following Terms and

Conditions.

Whisky Vault Auctions Ltd Registered Number 10211129 trading under WVA Whisky Auctions. VAT Registered Number 397 2828 43

“Website” refers to www.wvawhiskyauctions.co.uk – the online auction platform operating on

behalf of the Company, as agent to the Buyer and the Seller.

“Client”, “You”, “Your”, “Bidder”, “Buyer”, “Seller”, “User” and “Yours” refers to you, the person

registering to use the website and accepting the Company’s terms and conditions.

“The Company”, “Ourselves”, “We”, “Our”, “WVAWhiskyAuctions” and “Us” refers to WVA Whisky Auctions.

“Lot”, “Listing”, “Item” or “Items” means any bottle(s) of whisky, whisky related item(s) or any other

item(s) consigned to us with a view to its/their sale by auction online, sold by the Seller and won/

purchased by the Buyer.

Where a Seller wishes to enter two or more Items into a single auction and for them to be sold

together to a single Buyer, these shall be deemed to be a “Lot” for the purposes of these Terms

and Conditions.

Where a Seller wishes two or more Items to be sold separately these shall be deemed to be

separate “Lots” for the purposes of these Terms and Conditions.

“Legal Age” means at least eighteen (18) years old in the United Kingdom, or such other minimum

age as is required in any foreign jurisdiction for the lawful purchase of alcohol.

Any use of the above terminology or other words in the singular, plural, (non-)capitalisation, and/or,

he/she are taken as interchangeable and therefore as referring to the same.

GOVERNING LAW

By accessing our website, using and/or purchasing our services, you shall be deemed to have

accepted these Terms and Conditions and in so doing you consent to the exclusive jurisdiction of

English Courts in respect of any and all matters arising out of or in connection with the accessing

of our website and/or the purchasing of our services.

In the event that any provision(s) of these Terms and Conditions are deemed invalid or

unenforceable for any reason (including, but not limited to, the exclusions and limitations herein

referred to) then the invalid or unenforceable provision will be severed from these Terms and

Conditions and the remaining Terms shall continue to apply.

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 and Conditions or of any part thereof, or the right thereafter to enforce each and

every provision.

EXCLUSIONS AND LIMITATIONS

The information on this website is provided on an “as is” basis. To the fullest extent permitted by

law, the Company:

excludes all representations and warranties relating to this website and its contents or which is or

may be provided by any affiliates or any other third party, including in relation to any inaccuracies

or omissions in this website and/or the Company’s literature; and

excludes all liability for damages arising out of or in connection with your use of this website. This

includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such

profits was foreseeable, arose in the normal course of things or you have advised this Company of

the possibility of such potential loss), damage caused to your computer, computer software,

systems and programs and the data thereon or any other direct or indirect, consequential and

incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your

statutory rights as a consumer are affected.

LEGAL AGE OF BUYERS AND SELLERS

By accessing our website, and/or in registering to use this website, as a Buyer or Seller, you

confirm that you are the Legal Age.

Any alcohol may only be purchased by persons who are the Legal Age. Any registered User who

bids on Lots listed by the Company agrees that any alcohol received as a Buyer will only be

consumed by persons who are the Legal Age.

Any alcohol may only be sold by persons who are the Legal Age.

At delivery to the Buyer, any shipment containing an alcoholic beverage will require the signature

of persons who are the Legal Age. Proof of age may be required.

We reserve the right to ask first time Buyers for identification to prevent fraud and/or underage

purchases.

CONFIDENTIALITY

Client records shall be held by us in confidence and shall not be divulged to any third party other

than if legally required to do so by the appropriate authorities.

Clients shall have the right to request sight of and copies of any and all client records pertaining to

them and kept by us by giving us notice in writing. We adhere to undertake to comply with any

such notice within a reasonable timeframe.

We shall not sell, share or otherwise provide any third party with information personal to you or use

your e-mail address for mail other than to inform you about WVA Whisky Auctions Ltd-related

business.

AUTHENTICITY OF BOTTLES SOLD AT AUCTION

By registering with WVA Whisky Auctions you agree that any Items you decide to register to sell

with the Company at auction are authentic. We reserve the right to enquire with specialists in

order to verify authenticity of bottles after registration.

Without any liability whatsoever to the Company, if, in the reasonable opinion of the Company,

there is any doubt about the authenticity of a bottle, it will not be offered for auction. Upon such

occurrence, it will be returned to the Seller at the Seller’s expense,. If we consider an Item to be

counterfeit or illegitimate to that described by the Seller, WVA Whisky Auctions reserve the right to

reject and dispose of any Item. A charge of £20 will be made for the appropriate removal and

destruction.

WVA Whisky Auctions reserves the right to ban any User from future use of the website and/or our

services, where it is considered that the User has attempted to sell non-authentic goods on our

website.

WEBSITE REGISTRATION

In order to place a bid on any Item, or to register Items to sell at auction, you must register as a

User to our website. This is to verify and legitimise bidders. This has a £2.50 fee + VAT

To register to our website, use the login/register option.

All persons registered will be expected to keep their account details strictly confidential at all times.

Third parties may not use or access your account on your behalf, or for their own interests.

The registered person will be liable for all bids made using your account.

SELLERS

Seller’s Listing Fee payable to the Company is Currently £3.00+ VAT per lot or £0.50p+VAT for any Miniature Bottle Lot. Reserve fees of £4.00+VAT are applicable to lots with reserves applied.

Seller’s Commission is set at 0% in any auction.

Unless otherwise advertised on the WVA Whisky Auctions home page in a period of promotion.

WVA Whisky Auctions reserves the right to update or change any commission rates and fees as it

may in its sole discretion deem fit.

All delivery costs associated with delivering Items registered for auction from the Seller to WVA Whisky Auctions

are at the expense of the Seller.

The Seller should ensure that the relevant insurance cover is provided until the Items reach us.

Any payments incurred by WVA Whisky Auctions in respect of UK customs/duties payments arising

from items entering the UK from a Seller located outside the UK will be surcharged to the Seller.

WVA Whisky Auctions reserves the right to, for any listing, prepare the Lot description and upload

photographs captured by WVA Whisky Auctions employees or directors.

WVA Whisky Auctions reserve the right to refuse to accept Items to sell at auction if we have

reasonable cause for believing that;

Any information concerning the lot given to us by you or on your behalf is inaccurate or misleading

in any material respect; or the Lot is a forgery

In the event of WVA Whisky Auctions refusing to accept Items to sell at auction in line with the

terms set out in the previous bullets, the Seller shall remain liable to us for any expenses incurred

by us, including storage charges of £2 per day for such time that said Lot was held by WVA Whisky

Auctions.

Sellers are strictly forbidden to bid on their own Items. WVA Whisky Auctions reserves the right to

cancel any auction whereby illegal bidding is considered to have taken place. In this scenario,

WVA Whisky Auctions reserve the right to charge a further administration charge of £30 to any

Items that are cancelled and return to the Seller as a result of illegal bidding. All costs of returning

the Items to the Seller will also be owed by the Seller to WVA Whisky Auctions in the event of

Items returned to the Seller for any reason unless otherwise agreed between the Seller and

WVA Whisky Auctions.

Following the release of any special, limited edition, bottles, WVA Whisky Auctions reserves the

right to only accept 1 bottle per customer per auction and to accept no more than 5 of any of the

same bottles per auction from all Sellers. In this scenario, we would suggest and offer to the Seller

to list these Items in the following auction.

We do not currently offer any special commission or shipping rates for auctioning whisky

miniatures, unless otherwise explained in the Lot description.

We do not accept Bell’s Decanters or cream liqueurs for auction.

We are selling the Lot on your behalf as your agent and you hereby undertake to us that:

you are the legal owner of the Items to be sold at auction, or if you are not the owner (whether or

not you have notified us that you are acting as an agent for a disclosed or undisclosed principal)

that you are duly authorised by the de facto owner of the Items to sell them;

you sell the Items with full title guaranteed free from all liens, charges, encumbrances or third-party

claims;

you have notified us in writing of any material alteration to the Item and have provided us

accurately with all information (including any concerns expressed by third-parties relating to the

authorship, attribution, condition, provenance, authenticity, age, suitability, quality and origin of the

Items) in relation to the Items, or any description of it, of which you are aware or which is in your

possession or of which any principal for whom you act in relation to the Items is aware or

possesses;

unless you notify us in writing to the contrary at the time the Item(s) is/are delivered to us, there are

no restrictions (whether copyright or otherwise) affecting the Lot, or which would prevent us

reproducing any photographs or any text of any information or description of, about or relating to

the Items provided by you or on your behalf;

all information submitted with the Items is accurate and truthful

RESPONSIBILITY FOR THE LOT

We accept responsibility to the Lot after it has been received by WVA Whisky Auctions at our

offices in Littlehampton West Sussex. We are not liable for any damage, loss or destruction of the Lot

while in transit to us.

We accept responsibility for any damage, loss or destruction of the Lot whilst said Lot has been

received by WVA Whisky Auctions at our offices in Littlehampton arising as a result of any act or

omission (whether negligent or otherwise) by any employee or director of the Company (excluding

damage, loss or destruction caused by Acts of God or terrorism).

After the auction has finished, and as soon as the Buyer has paid and the Lot is despatched, risk

shall transfer to the Buyer and the Buyer accepts liability for any damage, loss or destruction of the

Lot while in transit to them, and thereafter.

Appropriate insurances are in place to cover our legal responsibilities.

INDEMNITIES GIVEN BY THE SELLER

The Seller agrees to indemnify us against any and all claims, proceedings, liabilities, costs,

expenses or losses against the Seller and/or the Company arising from:

any actual or alleged breach of any undertaking or obligation by the Seller to us or the Buyer,

whether by act or omission (including negligent act or omission) or otherwise;

any personal injury (including death and disease), loss or damage caused to any person by an

Item;

the exercising of any of our rights, powers and/or duties permitted to us by these Terms and

Conditions;

our receiving or recovering (or seeking to recover where you have authorised us to do so) or our

failure to recover (provided we have taken reasonable steps to do so) any successful bid price

obtained;

your fraud and our exercising of any of our rights or powers in the event of fraud;

any error, mis-description or omission in any description (whether negligent or otherwise) of the Lot

by you (including return of an Item by the Buyer and/or the Company pursuant to these Terms and

Conditions).

any error, mis-description or omission in any description of the Lot by the Company so long as it

was not caused by a breach of our duty to you under these Terms and Conditions to exercise

reasonable care and skill.

the accessing of the website.

RESERVES

Placing a reserve price on any Lot is optional, and will incur an additional charge of £4+VAT per Item. A

reserve price will ensure that your Lot will remain unsold, unless the highest bid at the end of the

auction is greater than or equal to your selected reserve price.

If any Reserve price is not met at the end of an auction, and the Lot remains unsold, WVA Whisky Auctions

will contact the Seller to arrange either to re list the unsold Lot in the subsequent WVA Whisky Auctions

auction, or return the Lot to the Seller.

If a seller is happy with the price bid on the lot it can be removed during the Auction.

If the Seller choses to have their Lot returned to them in the event of a reserve price not being met

and the Lot not being sold, all costs associated with returning the Lot to the Seller will be owed by

the Seller to WVA Whisky Auctions

PAYMENT TO SELLERS

If you are a successful Seller, we will not process your payments until the Buyer has paid us and is satisfied that our descriptions were accurate.

Payments will begin as soon as possible and in any event we will ensure that Sellers are fully

Notified if payment is unlikely to be received by the Seller with 21 business days after the auction

ending.

Payments from the Company to the Seller can be made using direct bank transfer (further charges me be incurred by international bank transfer at 15 GBP's per transfer) or be sent to the seller by cheque.

SELLER CANCELLATION

Any cancellation must be notified by the Seller at the very soonest opportunity. The Company

reserves the right to charge an administration fee of £35 for any cancellations. Note that all fees

paid by the Seller are non-refundable in the event of a cancellation.

Please note that the Consumer Protection [Distance Selling] Regulations 2000 do not apply to

Items sold by auction and are therefore not applicable to any Items purchased via this website.

In registering to this website, and specifically by participating as a Buyer or Seller in any auction

run by this website, you are deemed to have read and agreed to the following Terms and

Conditions.

“Website” refers to www.wvawhiskyauctions.co.uk – the online auction platform operating on

behalf of the Company, as agent to the Buyer and the Seller.

“Client”, “You”, “Your”, “Bidder”, “Buyer”, “Seller”, “User” and “Yours” refers to you, the person

registering to use the website and accepting the Company’s terms and conditions.

“The Company”, “Ourselves”, “We”, “Our”, “WVA Whisky Auctions” and “Us” refers to WVA Whisky Auctions Ltd.

“Lot”, “Listing”, “Item” or “Items” means any bottle(s) of whisky, whisky related item(s) or any other

item(s) consigned to us with a view to its/their sale by auction online, sold by the Seller and won/

purchased by the Buyer.

Where a Seller wishes to enter two or more Items into a single auction and for them to be sold

together to a single Buyer, these shall be deemed to be a “Lot” for the purposes of these Terms

and Conditions.

Where a Seller wishes two or more Items to be sold separately these shall be deemed to be

separate “Lots” for the purposes of these Terms and Conditions.

“Legal Age” means at least eighteen (18) years old in the United Kingdom, or such other minimum

age as is required in any foreign jurisdiction for the lawful purchase of alcohol.

Any use of the above terminology or other words in the singular, plural, (non-)capitalisation, and/or,

he/she are taken as interchangeable and therefore as referring to the same.

GOVERNING LAW

The laws of England shall govern these Terms and Conditions. By accessing our website, using

and/or purchasing our services, you shall be deemed to have accepted these Terms and

Conditions and in so doing you consent to the exclusive jurisdiction of the English Courts in respect

of any and all matters arising out of or in connection with the accessing of our website and/or the

purchasing of our services.