Terms & Conditions
ABOUT WVA AND THESE TERMS
1.1 Whisky Vault Auctions Limited, company number 10211129, trading as WVA Whisky Auctions ("WVA", "we", "us" or "our"), operates an online auction platform for whisky, spirits and related collectible items.
1.2 These Terms & Conditions ("Terms") apply to every person who registers for, accesses or uses our auction platform as a bidder, buyer, seller or other user.
1.3 By creating an account, consigning a Lot, placing a bid, purchasing a Lot or otherwise using our auction services, you agree to be bound by these Terms.
1.4 These Terms should be read together with our current Fees & Charges, Shipping & Insurance information, Privacy Policy, Cookie Policy and any auction-specific notices published on our website.
1.5 If an auction-specific notice expressly conflicts with these Terms, the auction-specific notice will apply to that auction or Lot to the extent of the conflict.
1.6 Nothing in these Terms excludes or restricts any right or remedy which cannot lawfully be excluded or restricted.
2. DEFINITIONS
2.1 In these Terms:
"Auction" means an online auction operated by WVA.
"Buyer" means the successful bidder for a Lot.
"Buyer’s Premium" means the commission or fee payable by the Buyer to WVA in addition to the Hammer Price.
"Hammer Price" means the final successful bid for a Lot, excluding Buyer’s Premium, VAT, delivery, insurance, storage, customs, duties and other applicable charges.
"Legal Age" means at least 18 years of age in the United Kingdom and any higher minimum age required by the law of the place in which a person purchases, receives, possesses or consumes alcohol.
"Lot" means any bottle, group of bottles, miniature, whisky-related item or other item offered for sale through WVA.
"Private Seller" means a Seller acting wholly or mainly outside that person’s trade, business, craft or profession.
"Reserve" means the confidential minimum Hammer Price, if any, below which a Lot will not normally be sold.
"Seller" means the owner of a Lot, or a person properly authorised by the owner, who consigns a Lot to WVA.
"Trade Seller" means a Seller acting for purposes relating to that person’s trade, business, craft or profession.
"User" means any registered user of the WVA platform.
"Website" means the WVA Whisky Auctions website and any related online auction service operated by WVA.
3. WVA'S ROLE
3.1 Unless we expressly state otherwise for a particular Lot, WVA acts as auctioneer and as agent for the Seller. WVA does not ordinarily own the Lots offered through the platform.
3.2 The contract for sale of a Lot is normally between the Seller and the Buyer, with WVA facilitating the transaction and collecting amounts due in accordance with these Terms.
3.3 WVA may itself own, have an interest in, or sell a Lot only where this is lawful. Where reasonably appropriate, we may identify such an interest in the Lot information.
3.4 WVA may exercise the rights given to it under these Terms in its own capacity and, where applicable, as agent for the Seller.
4. ELIGIBILITY AND LEGAL AGE
4.1 You must be of Legal Age to register, bid, buy, sell or arrange collection or delivery of alcoholic products through WVA.
4.2 By registering or transacting with WVA, you confirm that you are of Legal Age and legally capable of entering into binding contracts.
4.3 We may request proof of age or identity at any time. We may refuse registration, bidding, sale, collection, dispatch or delivery until satisfactory verification has been completed.
4.4 Alcohol must not be purchased for, supplied to or collected by a person below the applicable Legal Age.
4.5 Delivery partners may operate age-verification or Challenge 25 procedures and may refuse delivery where suitable identification is not produced.
5. REGISTRATION, ACCOUNTS AND SECURITY
5.1 You must register for an account before bidding or consigning Lots. Any registration fee will be the amount shown on the Website at the time of registration.
5.2 You must provide complete, accurate and current information and promptly update any information that changes.
5.3 Your account is personal to you. You must keep login credentials secure and must not permit another person to use your account without our prior written agreement.
5.4 You are responsible for activity carried out through your account unless you notify us promptly of suspected unauthorised access and we determine that the activity was not authorised by you.
5.5 You must notify WVA immediately if you believe your account, password, payment details or identity information has been compromised.
5.6 We may suspend, restrict or close an account where reasonably necessary for security, fraud prevention, compliance, non-payment, suspected manipulation, breach of these Terms or protection of WVA or other users.
6. IDENTITY, FRAUD, SANCTIONS AND COMPLIANCE CHECKS
6.1 WVA may carry out identity, fraud-prevention, payment, sanctions and other compliance checks where reasonably required.
6.2 We may request photographic identification, proof of address, evidence of ownership, beneficial ownership information, source-of-funds or source-of-wealth information, payment verification or other information reasonably required to complete our checks.
6.3 We may delay or suspend registration, bidding, Seller payment, Buyer dispatch, collection, refund or any other transaction while reasonable checks are carried out.
6.4 We may refuse or cancel a transaction where we reasonably believe that completing it would expose WVA, a Seller or a Buyer to fraud, sanctions, illegality, regulatory risk or material reputational risk.
6.5 We may disclose information to law-enforcement bodies, regulators, payment providers, insurers, professional advisers or other competent authorities where required or permitted by law.
7. SELLER STATUS
7.1 A Seller must tell WVA accurately whether the Seller is acting as a Private Seller or Trade Seller.
7.2 WVA may request further information to determine a Seller’s status and may amend the classification where the information available to us reasonably indicates that a different classification is appropriate.
7.3 A Seller must not falsely represent that they are a Private Seller in order to avoid legal obligations applying to a Trade Seller.
7.4 The legal rights available to a Buyer may differ depending on whether the Seller is a Private Seller or Trade Seller. Nothing in these Terms removes rights that a Buyer has under applicable consumer law.
8. CONSIGNING LOTS FOR SALE
8.1 A Seller may submit Lots for consideration by WVA. Acceptance of a consignment does not oblige WVA to offer every submitted item for sale.
8.2 WVA may refuse, defer, combine, separate, withdraw or return a Lot where we reasonably consider this appropriate.
8.3 The Seller is responsible for the cost and risk of delivering Lots to WVA unless we expressly agree otherwise.
8.4 The Seller should maintain appropriate insurance until the Lot is received and accepted into WVA’s custody.
8.5 Customs, duties, taxes and other charges incurred in bringing a Lot into the United Kingdom are the Seller’s responsibility unless otherwise agreed. WVA may recover any such amount paid on the Seller’s behalf.
8.6 WVA may impose reasonable limits on the number of identical or newly released bottles accepted into a particular Auction.
8.7 WVA may decline categories of goods from time to time and may publish current acceptance criteria on the Website.
9. SELLER WARRANTIES AND OBLIGATIONS
9.1 By consigning a Lot, the Seller warrants and represents that:
the Seller is the legal owner of the Lot or has full authority from the legal owner to sell it;
the Lot is sold with good title and free from any lien, charge, security interest, encumbrance or third-party claim;
all information supplied to WVA about the Lot is accurate, complete and not misleading;
the Seller has disclosed any known issue concerning authenticity, attribution, provenance, condition, age, origin, ownership, alteration, refilling, resealing or other matter which may materially affect value or desirability;
the Lot and its sale do not infringe any third-party rights or breach any applicable law;
the Seller has not manipulated and will not manipulate bidding on the Lot; and
the Seller will provide further information and reasonable cooperation if WVA investigates the Lot before or after sale.
9.2 These warranties continue after the Auction and after payment to the Seller.
10. AUTHENTICITY, PROVENANCE AND SUSPECTED COUNTERFEITS
10.1 The Seller is responsible for the authenticity and provenance of each Lot consigned.
10.2 WVA may inspect a Lot and may seek information or opinions from distilleries, brand owners, independent specialists, laboratories, auction specialists or other appropriate persons.
10.3 Any inspection or opinion obtained by WVA is for WVA’s auction administration and risk-management purposes and does not amount to a guarantee of authenticity unless WVA expressly provides a written guarantee for a particular Lot.
10.4 If WVA has reasonable concerns about authenticity, provenance, legality, ownership, alteration, refilling, resealing or material misdescription, WVA may:
refuse or withdraw the Lot from sale;
suspend the sale or completion of the transaction;
retain the Lot for a reasonable period while enquiries are made;
request documents, provenance, identification or other evidence from the Seller;
obtain specialist or scientific opinions;
withhold or suspend Seller proceeds;
cancel or rescind the sale where reasonably justified;
refund or reimburse the Buyer where appropriate; and
report, retain, surrender or otherwise deal with the Lot where required or permitted by law or by a competent authority.
10.5 WVA will not destroy or permanently dispose of a Seller’s property solely because authenticity is questioned unless the Seller agrees, a competent authority requires or authorises it, or WVA otherwise has a lawful basis to do so.
10.6 Where a Lot is found or reasonably determined to be counterfeit, materially misdescribed or unlawfully offered due to information or conduct attributable to the Seller, the Seller must reimburse WVA for amounts reasonably paid to the Buyer and for reasonable direct costs incurred in investigating, recovering, storing, returning or otherwise dealing with the Lot.
10.7 WVA may permanently suspend a Seller who knowingly or recklessly consigns counterfeit, stolen, unlawfully held or materially misdescribed goods.
11. LOT DESCRIPTIONS, PHOTOGRAPHS AND CONDITION
11.1 WVA may prepare, edit and publish descriptions and photographs of Lots. Descriptions are intended to identify the Lot and provide useful information but are not exhaustive condition reports.
11.2 Photographs form part of the Lot information. Buyers should review all available photographs carefully before bidding.
11.3 Whisky and collectible spirits may be old and may naturally show deterioration or variation, including changes to fill level, liquid colour, labels, capsules, corks, closures, seals, boxes, cases and other packaging.
11.4 Unless expressly stated otherwise, WVA does not guarantee:
the drinkability, flavour, quality or fitness for consumption of any liquid;
that a cork, stopper, seal or closure will remain intact during storage or transport;
that historic fill levels have not changed through natural evaporation;
the absence of sediment, cloudiness or other age-related characteristics; or
that outer packaging, labels or presentation materials are free from age-related wear.
11.5 Buyers may request additional information or a condition report before bidding. Any condition report is an expression of opinion, is not exhaustive and should be considered together with the photographs.
11.6 WVA will use reasonable care in preparing descriptions, but minor errors or omissions which do not materially alter the identity or nature of a Lot will not automatically invalidate a sale.
11.7 Nothing in this section excludes liability or Buyer rights that cannot lawfully be excluded.
12. FEES, COMMISSION AND VAT
12.1 Current registration fees, Seller listing fees, Reserve fees, Buyer’s Premium, storage charges, delivery charges, insurance charges and other applicable fees are published on the Website or otherwise notified before the relevant transaction.
12.2 Unless stated otherwise, fees quoted as excluding VAT are subject to VAT at the applicable rate.
12.3 The Buyer’s Premium applicable to a Lot is the rate displayed or notified for that Auction. At the date of this edition, WVA’s standard Buyer’s Premium is 12.5% of the Hammer Price, subject to any published change or promotion.
12.4 At the date of this edition, WVA’s standard Seller commission is 0%, subject to any published change or promotion.
12.5 WVA may change fees for future Auctions. A change will not retrospectively alter a fee already fixed for a completed transaction.
12.6 Where a fee shown on a separate Fees & Charges page differs from a historic fee stated elsewhere, the fee clearly presented to the User for the relevant Auction or transaction will apply, subject to applicable law.
13. RESERVES
13.1 A Seller may request a Reserve where WVA permits this. Any applicable Reserve fee will be shown before the Reserve is accepted.
13.2 A Lot will not normally be sold below its Reserve.
13.3 WVA may agree with the Seller to amend or remove a Reserve before the Auction closes.
13.4 If the Reserve is not met, WVA may offer to re-list the Lot, return it to the Seller, or agree another course of action with the Seller.
13.5 Return, storage and other applicable charges for an unsold Lot are payable by the Seller unless WVA agrees otherwise.
14. BIDDING
14.1 A bid is an offer to purchase the Lot at the amount bid, subject to these Terms.
14.2 Bids are normally irrevocable once submitted. Users must check the Lot and bid amount carefully before confirming a bid.
14.3 WVA may, in its discretion, cancel or correct a bid where WVA is satisfied that there has been a genuine manifest error, technical malfunction, unauthorised account use or other exceptional circumstance. A bidder has no automatic right to cancellation merely because they change their mind.
14.4 Automatic or proxy bidding may increase bids incrementally up to the maximum amount entered by the bidder, subject to the Reserve and bidding increments used by the platform.
14.5 The bidder is responsible for reviewing the Lot description, photographs, condition information, applicable fees and delivery restrictions before bidding.
14.6 WVA may reject or remove a bid where reasonably necessary to protect the integrity of the Auction.
15. PROHIBITED BIDDING AND MARKET MANIPULATION
15.1 A Seller must not bid on the Seller’s own Lot, directly or indirectly.
15.2 A Seller must not arrange for any family member, employee, agent, nominee, associated company, controlled account or other person to bid for the purpose of artificially increasing the price of the Seller’s Lot.
15.3 Users must not collude, manipulate bidding, use multiple accounts deceptively, interfere with the Website or engage in conduct intended to distort a fair auction process.
15.4 Where WVA reasonably suspects prohibited bidding or manipulation, WVA may cancel bids, withdraw Lots, cancel a sale, suspend or close accounts, withhold payments while investigating, recover reasonable direct losses and report conduct to relevant authorities where appropriate.
16. AUCTION CLOSING AND ANTI-SNIPING
16.1 Auctions close using the process described on the Website for the relevant Auction. WVA may use anti-sniping technology which extends or varies the closing process in response to bidding activity.
16.2 The advertised closing time is an indication of when the closing process is expected to begin or occur and does not guarantee that every Lot will close at that exact time.
16.3 WVA may extend, pause, suspend, reopen or reschedule an Auction or individual Lot where reasonably necessary because of technical failure, service interruption, bidding irregularity, administrative error, security concern, suspected manipulation, force majeure or another circumstance affecting a fair and orderly Auction.
16.4 WVA will act reasonably when exercising these powers and may publish notice of a material change where practicable.
17. WINNING BIDS AND CONTRACT FORMATION
17.1 Subject to any Reserve and WVA’s rights under these Terms, the highest valid bid recorded by WVA when a Lot closes will normally be the winning bid.
17.2 WVA’s auction records will be treated as authoritative in the absence of manifest error.
17.3 A binding contract for the sale of a Lot is formed between the Seller and Buyer when WVA confirms the successful sale, subject to any mandatory legal rights and WVA’s rights to cancel or rescind under these Terms.
17.4 The Buyer must pay the Hammer Price together with Buyer’s Premium, VAT where applicable, delivery, insurance, storage and any other charges properly due.
17.5 Where applicable consumer law gives a Buyer a mandatory cancellation or other statutory right, these Terms do not remove that right. The availability and scope of such rights may depend on the status of the Seller and the circumstances of the sale.
18. BUYER PAYMENT
18.1 The Buyer must pay the full amount due within three days of the end of the Auction unless WVA specifies another deadline.
18.2 Payment must be made using a method accepted by WVA. WVA may require payment to come from an account or card in the Buyer’s name.
18.3 WVA may withhold dispatch or collection until cleared funds and any required verification have been received.
18.4 If payment is late, WVA may apply a late-payment or administration charge where that charge has been clearly disclosed and is lawful. At the date of this edition, the published late-payment charge is 5% plus VAT of the final bid on unpaid Lots, but WVA may waive or reduce it at its discretion.
18.5 A late-payment charge does not prevent WVA from exercising other remedies available under these Terms or law.
19. NON-PAYMENT
19.1 If a Buyer fails to pay in full by the deadline, WVA may, after taking account of the circumstances:
suspend or restrict the Buyer’s account;
cancel the sale;
offer the Lot to another bidder with the Seller’s agreement;
re-offer the Lot at a future auction;
retain amounts otherwise due to the Buyer where a lawful right of set-off exists;
recover reasonable direct losses and costs caused by the Buyer’s breach; and
take reasonable steps to recover the debt.
19.2 WVA will not seek to recover the same loss twice.
20. PAYMENT TO SELLERS
20.1 WVA will account to the Seller after the Buyer has paid in cleared funds and after any checks, disputes or issues reasonably requiring resolution have been completed.
20.2 WVA aims to process Seller payments promptly. If payment is likely to be materially delayed, WVA will seek to notify the Seller.
20.3 Seller payment may be made by bank transfer or another method offered by WVA. International transfer charges or other banking costs may be deducted or charged where disclosed.
20.4 WVA may withhold or set off Seller proceeds where reasonably necessary in connection with a disputed Lot, suspected counterfeit, chargeback, refund, unpaid WVA charges or another amount lawfully due from the Seller.
20.5 Payment to a Seller does not release the Seller from warranties or liabilities that survive the sale.
21. SELLER WITHDRAWAL AND CANCELLATION
21.1 A Seller wishing to withdraw a Lot must notify WVA as soon as possible.
21.2 WVA may refuse a withdrawal once bidding has begun or where withdrawal would unfairly prejudice bidders, except where withdrawal is legally required or WVA considers it appropriate.
21.3 WVA may charge a reasonable withdrawal or administration fee where disclosed in advance or where the withdrawal results from the Seller’s breach. At the date of this edition, WVA’s standard Seller cancellation administration fee is £35, subject to published change.
21.4 The Seller remains responsible for reasonable return, storage, specialist and other direct costs arising from the withdrawal where applicable.
22. WVA'S RIGHT TO WITHDRAW OR CANCEL A LOT
22.1 WVA may withdraw a Lot before sale or cancel a sale after bidding where reasonably necessary because of authenticity concerns, ownership dispute, legal restriction, material description error, technical failure, suspected manipulation, fraud, sanctions, Seller breach or another serious issue affecting the integrity or legality of the transaction.
22.2 Where WVA cancels a completed sale, WVA may arrange return of the Lot and refund amounts received from the Buyer as appropriate.
22.3 WVA will not exercise this power arbitrarily and will take account of the interests of both Buyer and Seller.
23. RESPONSIBILITY FOR LOTS IN WVA'S CUSTODY
23.1 Risk in a Seller’s Lot remains with the Seller while the Lot is in transit to WVA unless WVA has expressly agreed to arrange and assume responsibility for that transit.
23.2 Once WVA has physically received and accepted a Lot into its custody, WVA will exercise reasonable care in storing and handling it.
23.3 WVA is responsible for loss or damage caused by WVA’s failure to exercise reasonable care and skill, subject to the lawful limitations in these Terms.
23.4 WVA is not responsible for inherent vice, natural deterioration, evaporation, cork or closure failure, leakage not caused by WVA’s negligence, or events outside WVA’s reasonable control.
24. TITLE AND RISK AFTER SALE
24.1 Legal title to a Lot will not pass to the Buyer until WVA has received the full purchase price and all amounts due in cleared funds, unless applicable law requires otherwise.
24.2 Risk will pass in accordance with applicable law and the delivery method used. Nothing in these Terms transfers risk to a consumer earlier than the law permits.
24.3 Where a Buyer arranges an independent carrier not offered or arranged by WVA, risk may pass when the Lot is delivered to that carrier to the extent permitted by law.
24.4 Where WVA arranges delivery using a carrier offered by WVA, WVA will not rely on these Terms to exclude responsibility which applicable consumer law places on WVA or the Seller before delivery.
24.5 Once a Lot has been collected by the Buyer or delivered in accordance with the Buyer’s lawful instructions, the Buyer is responsible for its subsequent care and storage.
25. SHIPPING, INSURANCE AND DELIVERY
25.1 Shipping availability, pricing, weight calculations and insurance options are published on the Website and may vary by destination, size, weight, value and carrier.
25.2 WVA does not guarantee that alcohol can be shipped to every destination. Buyers should check delivery availability before bidding.
25.3 Estimated delivery times are not guaranteed unless expressly stated. Customs, weather, carrier disruption and other events may cause delays.
25.4 Where optional transit insurance is offered, the scope, exclusions and price of that insurance will be stated at checkout or in the applicable shipping information.
25.5 Insurance may exclude leakage, cork failure, natural deterioration or other specified risks. Buyers should review the applicable insurance terms before selecting or declining cover.
25.6 A Buyer who receives a visibly damaged or wet parcel should record the condition with the carrier where possible and notify WVA promptly, providing photographs and other information reasonably requested for a claim.
25.7 WVA will not exclude or restrict liability for delivery matters where doing so would be contrary to applicable consumer law.
26. COLLECTION
26.1 Buyers may collect Lots from WVA’s premises by prior appointment during available collection hours.
26.2 WVA may require photographic identification, proof of purchase and, where a third party is collecting, written authority from the Buyer.
26.3 Alcohol will not be released to a person below the Legal Age.
26.4 Collection times may be subject to licensing requirements and operational restrictions published by WVA.
26.5 A Lot will be treated as delivered when it is handed to the Buyer or the Buyer’s properly authorised collection agent.
27. CUSTOMS, DUTIES AND INTERNATIONAL BUYERS
27.1 Buyers are responsible for checking whether alcohol and the relevant Lot may lawfully be imported, possessed and delivered in the destination country or territory.
27.2 Unless WVA expressly states otherwise, import duties, customs charges, local taxes, clearance fees and similar charges are the Buyer’s responsibility.
27.3 WVA will declare shipments truthfully and will not knowingly understate value or misdescribe goods for customs purposes.
27.4 WVA is not responsible for customs delays, inspection or seizure which is not caused by WVA’s breach of duty.
27.5 If a Buyer refuses or fails to pay lawful import charges, the Buyer may remain responsible for resulting storage, destruction, return or other costs to the extent permitted by law.
27.6 WVA may refuse to ship to a jurisdiction where shipment is prohibited, impracticable or commercially unreasonable.
28. STORAGE AND UNCOLLECTED LOTS
28.1 Buyers and Sellers must arrange payment, collection or return within the periods notified by WVA.
28.2 WVA may charge reasonable storage fees after any stated free-storage period has expired, provided the applicable charge has been disclosed.
28.3 If a Lot remains uncollected for an extended period, WVA may give reasonable notice requiring collection and explaining the consequences of continued non-collection.
28.4 Subject to applicable law, WVA may exercise any lawful lien or right of sale over uncollected property to recover unpaid charges, but only after giving any notice required by law.
29. POST-SALE AUTHENTICITY OR MATERIAL DESCRIPTION CLAIMS
29.1 A Buyer who has a genuine concern that a Lot is counterfeit or materially different from its description should notify WVA promptly and provide the Lot, packaging, photographs, expert evidence and other information reasonably requested.
29.2 The Buyer must not materially alter, open, consume, dispose of or transfer the Lot after becoming aware of an authenticity dispute where doing so would prejudice a reasonable investigation, unless necessary for safety or required by law.
29.3 WVA may suspend Seller payment or other related funds while a credible claim is investigated.
29.4 WVA may seek independent specialist evidence and may require the Lot to be returned for inspection.
29.5 If WVA reasonably concludes that the Lot is counterfeit or materially misdescribed, WVA may rescind the transaction and arrange an appropriate refund, subject to the Buyer returning the Lot where lawful and reasonably practicable.
29.6 If a claim is not substantiated after reasonable investigation, the sale may remain in force.
29.7 This procedure does not replace or limit mandatory statutory rights.
30. REFUNDS, CHARGEBACKS AND PAYMENT DISPUTES
30.1 Buyers should contact WVA promptly if they believe an invoice, payment or refund is incorrect.
30.2 A Buyer must not knowingly make a false or abusive chargeback claim.
30.3 If a chargeback is raised, WVA may provide the payment provider with relevant auction, account, delivery and transaction records.
30.4 Where a refund is properly due, WVA may return funds using the original payment method or another lawful method agreed with the recipient.
31. WEBSITE AVAILABILITY AND TECHNICAL ISSUES
31.1 WVA aims to provide a reliable service but does not guarantee uninterrupted or error-free access to the Website.
31.2 Users are responsible for maintaining suitable internet access and equipment and should not wait until the final moments of an Auction to place a bid.
31.3 WVA may suspend access for maintenance, security, technical or operational reasons.
31.4 If a material technical issue affects an Auction, WVA may take the steps described in section 16 to preserve a fair and orderly process.
32. INTELLECTUAL PROPERTY
32.1 The Website, WVA branding, catalogue text, photographs, graphics, software and other content created by or for WVA are protected by intellectual property rights.
32.2 Users may view and use Website content for personal participation in WVA Auctions but may not commercially reproduce, scrape, republish or exploit WVA content without permission, except where permitted by law.
32.3 A Seller grants WVA a non-exclusive, worldwide, royalty-free licence to photograph, describe, advertise and reproduce images and information relating to a consigned Lot for auction, archival, promotional and record-keeping purposes.
32.4 Nothing in these Terms prevents ordinary lawful linking to publicly accessible pages of the WVA Website.
33. PRIVACY AND COOKIES
33.1 WVA processes personal data in accordance with its Privacy Policy.
33.2 Information about cookies and similar technologies is set out in WVA’s Cookie Policy.
33.3 These policies should be maintained separately from these Terms so that privacy and cookie information can be updated appropriately without obscuring the contractual auction terms.
34. LIABILITY
34.1 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be excluded.
34.2 If you are a consumer, WVA does not exclude liability for failing to exercise reasonable care and skill or for breach of rights that applicable consumer law does not permit WVA to exclude.
34.3 Subject to sections 34.1 and 34.2, WVA will not be responsible for loss that was not reasonably foreseeable when the relevant contract was formed or for loss caused by matters outside WVA’s reasonable control.
34.4 If you use WVA wholly or mainly for business purposes, WVA will not, to the fullest extent permitted by law, be liable for loss of profit, loss of business, loss of opportunity, loss of anticipated savings or indirect or consequential loss.
34.5 WVA is not responsible for the inherent characteristics of old or collectible spirits, including natural evaporation, deterioration of closures, leakage arising from inherent condition, sediment, cloudiness, label deterioration or changes in drinkability, except to the extent caused by WVA’s breach of duty.
34.6 Nothing in these Terms makes WVA responsible for inaccurate information supplied by a Seller where WVA has exercised the level of care and skill required by law, but WVA’s own obligations and any mandatory Buyer rights remain unaffected.
35. SELLER INDEMNITY
35.1 A Seller will reimburse WVA for reasonable losses, liabilities, costs and expenses directly arising from the Seller’s material breach of these Terms, including breach of the Seller warranties, fraud, knowing or reckless misdescription, lack of title, unlawful sale or knowing consignment of counterfeit goods.
35.2 This indemnity does not require the Seller to reimburse WVA for loss caused by WVA’s own negligence, breach of contract or unlawful conduct.
35.3 WVA will take reasonable steps to mitigate recoverable losses.
36. USER CONDUCT AND SUSPENSION
36.1 Users must not misuse the Website, attempt unauthorised access, introduce malicious code, scrape the service in a manner that materially disrupts it, harass other users or WVA staff, commit fraud or use the platform for unlawful purposes.
36.2 WVA may suspend, restrict or terminate access where reasonably necessary to protect users, WVA, the auction process or compliance with law.
36.3 Where appropriate and lawful, WVA may allow the User an opportunity to explain or remedy an issue before permanent closure, but WVA may act immediately in serious cases involving fraud, safety, illegality, manipulation or security.
37. FORCE MAJEURE
37.1 Neither WVA nor a User will be liable for delay or failure to perform an obligation to the extent caused by an event outside that party’s reasonable control, provided the affected party takes reasonable steps to minimise the effect where practicable.
37.2 Such events may include natural disasters, fire, flood, epidemic, pandemic, war, terrorism, civil disorder, governmental action, customs restrictions, major carrier disruption, widespread telecommunications failure, cyberattack not caused by failure to take reasonable security measures, or failure of essential third-party infrastructure.
37.3 Lack of funds will not of itself constitute a force majeure event.
38. CHANGES TO THESE TERMS
38.1 WVA may update these Terms from time to time for legal, regulatory, security, operational or commercial reasons.
38.2 Updated Terms will be published on the Website with an effective date.
38.3 A material change will not retrospectively alter a completed sale unless required by law or agreed by the affected parties.
38.4 Continued use of WVA after updated Terms take effect will constitute acceptance for future use and transactions, subject to applicable law.
39. NOTICES AND COMMUNICATIONS
39.1 WVA may communicate with Users through the Website, account notifications, email, telephone or post using the contact details supplied by the User.
39.2 Users must keep their contact details current.
39.3 Formal notices to WVA should be sent to [email protected] or to WVA’s registered/contact address stated in these Terms, unless WVA publishes another address for legal notices.
40. GENERAL
40.1 If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be treated as modified to the minimum extent necessary or, if necessary, severed. The remaining provisions will continue in effect.
40.2 A failure or delay by WVA to enforce a right does not waive that right.
40.3 No person other than the parties to the relevant transaction and WVA, where WVA is entitled to enforce a provision in its own right, has any right to enforce these Terms unless applicable law provides otherwise.
40.4 Headings are for convenience and do not affect interpretation.
40.5 Words in the singular include the plural and vice versa where the context requires. References to a person include individuals, companies and other legal entities.
41. GOVERNING LAW AND JURISDICTION
41.1 These Terms and any non-contractual obligations arising from them are governed by the laws of England and Wales.
41.2 If you are a consumer, nothing in these Terms deprives you of mandatory protections available under the law applicable to you or any right to bring proceedings in a court which applicable consumer law entitles you to use.
41.3 Subject to section 41.2, the courts of England and Wales will have jurisdiction over disputes arising out of or in connection with these Terms.
42. CONTACT DETAILS
42.1 WVA Whisky Auctions is a trading name of Whisky Vault Auctions Limited.
42.2 Company number: 10211129.
42.3 VAT registration number: 397 2828 43.
42.4 Address: Office 1 & 2, Littlehampton Marina, Ferry Road, Littlehampton, West Sussex BN17 5DS.
42.5 Email: [email protected].
42.6 Telephone: 01903 257299.
42.7 Website: www.wvawhiskyauctions.co.uk.