1. SELLING WHISKY
Seller’s Listing Fee payable to Vintage Whisky Auctions Ltd / Trade Whisky is £15.00 per Lot.
Seller’s Commission payable to the VWA Ltd / Company is 5% of the final hammer price in any bottle won.
Trade Whisky Platinum and Gold Members have a 0% seller’s commission fee and NO listing fee payable to VWA Ltd.
Seller’s Optional Reserve Fee payable to the Company is £5.00 per Lot, however, Trade Whisky Platinum and Gold Members reserve fee is £0.
Trade Whisky Platinum Members can have the bottles / Lots won from an auction kept in our warehouses for further trading selling on our platforms with no further additional administration or other costs. Other sellers non Platinum members can also keep lots/bottles to resell / trade for an additional cost of £10 per month or 30 days inclusive a lot/bottle remains in our warehouses. In the event the lot is not sold it will continue to be placed on auctions.
Vintage Whisky Auctions Ltd 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 Vintage Whisky Auctions Ltd warehouses are at the expense of the Seller.
The Seller should ensure that the relevant insurance cover is provided until the Items reach us. VWA Ltd is not liable for any damage occurring whilst a bottle is delivered to our warehouses addresses.
Any payments incurred by Vintage Whisky Auctions Ltd in respect of UK customs/duties payments arising from items entering the UK from a Seller located outwith the UK will be surcharged to the Seller.
Vintage Whisky Auctions Ltd reserves the right to, for any listing, prepare the Lot description and upload photographs captured by Vintage Whisky Auctions Ltd employees or directors.
Vintage Whisky Auctions Ltd 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 Vintage Whisky Auctions Ltd 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 £5 per day for such time that said Lot was held by Vintage Whisky Auctions Ltd.
Sellers are strictly forbidden to bid on their own Items and/or have relatives and/or friends artificially increase an Item’s value. Vintage Whisky Auctions Ltd reserves the right to cancel any auction whereby illegal bidding is considered to have taken place. In this scenario, Vintage Whisky Auctions Ltd reserves the right to charge a further administration charge of £10 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 Vintage Whisky Auctions Ltd in the event of Items returned to the Seller for any reason unless otherwise agreed between the Seller and VWA Ltd.
We do not accept Cask Ends, 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
you are aware that the goods will be sold under the Vintage Whisky Auctions Ltd’ Scheme for VAT
you are an eligible seller (not VAT registered) selling eligible goods as defined under the Auctioneers’ Scheme for VAT
RESPONSIBILITY FOR THE LOT
We accept responsibility to the Lot after it has been received by Vintage Whisky Auctions Ltd / Trade Whisky at our warehouses. We are not liable for any damage, loss or destruction of the Lot while in transit / transfer to us.
We accept responsibility for any damage, loss or destruction of the Lot whilst said Lot has been received by VWA Ltd at our premises, 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.
Vintage Whisky Auctions Ltd reserves the right to take over ownership and re-sell any goods which remain within the premises of VWA Ltd after a period of 4 months whereby the buyer and/or seller has not made arrangements to pay for or collect such goods.
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.
Trade Whisky Platinum and Gold Members have a £0 reserve fee.
Placing a reserve price on any Lot is optional, and will incur an additional charge of £5 + 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.
Reserve prices will be open for bidders to see whilst viewing the Lot.
In order to give lots with reserve prices the best chance of being sold, any items with a reserve price not met at the auction end will continue to be available for bids until the extended auction timer ends (i.e. until all lots have ended taking into account the anti-sniping auction timer extensions).
If any Reserve price is not met at the end of an auction, and the Lot remains unsold, Vintage Whisky Auctions Ltd / Trade Whisky will contact the Seller to arrange either to a) relist the unsold Lot in the subsequent VWA auction, with the ability to change or remove reserve price OR b) return the Lot to the Seller.
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 VWA.
PAYMENT TO SELLERS
If you are a successful Seller, we will not process your payments until; 1) the Buyer has paid us and 2) has received their bottle(s) 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 or via PayPal. Please note, payments through the SWIFT / Bank transfer outside the UK system attract a £5 charge. Any fees associated with receiving funds following the auction are borne by the Seller.
Any cancellation must be notified by the Seller at least 24 hours before the start time of the auction that the lot was due to be made available in. The Company reserves the right to charge an administration fee of £20 (+VAT) 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.