About Vintage Whisky Auctions Trade Whisky Terms and Conditions

We have fostered the desire to offer a bespoke auction site from collectors for collectors. We are a team of whisky collectors and investors as well as whisky appreciation experts that have made real money from whisky investing.

We are hoping the auction site’s functionalities and the service provided to our Trade Whisky members as well as other whisky enthusiasts and collectors will be of exceptionally high standards.

Enjoy our bespoke whisky auction from Collectors to Collectors.

Our warehouse’s address is Unit E4 Welland Business Park, Welland Way Market Harborough LE16 8ER.

Our London office is 12 Hay Hill, Mayfair, W1j 8NR, London, UK

Selling Whisky

Overview

    • Seller’s Listing Feepayable to Vintage Whisky Auctions Ltd is £1.00 per Lot.
    • Seller’s Commission payable to the VWA Ltd / Company is 1% of the final hammer price in any bottle won.
    • Trade Whisky Platinum Members have a 0% seller’s commission feeand NO listing fee payable to VWA Ltd.
    • Trade whisky Gold members have a £1 listing fee
    • Seller’s Optional Reserve Feepayable to the Company is £3.00 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 Ltdwarehouses are at the expense of the Seller.
    • The Seller should ensure that the relevant insurance cover is provideduntil 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 paymentsarising from items entering the UK from a Seller located outwith the UK will be surcharged to the Seller.
    • Vintage Whisky Auctions Ltdreserves 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 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.

Reserves

Trade Whisky Platinum 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 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.

Seller Cancellation

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.

Buyers Buying

Overview

      • Buyer’s Commission TW S
      • Silver mmebers is 10%
      • Gold Members payable to the VWA Ltd is 8%+ VAT where applicable of the final hammer price in any auction.
      • Trade Whisky Platinum Members have a preferential 6%+ VAT where applicable commission fee.
      • Delivery charges will vary, if applicable, depending on the item destination and weight of Items won/purchased
      • VAT where applicable to all fees and delivery charges.
      • Buyers situated out with the EU are not subject to VAT.
      • For customers outside the UK/EU, a payment surcharge of 3.5% will apply to payments made by credit card.
      • We are not responsible for the payment of any local Customs or Duties. All invoices will be stated at their true value; no exceptions will be made.
      • 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.

Online Bidding Process

You acknowledge that you are bidding in a live auction and agree that each bid submitted as provided in these Terms and Conditions is irrevocable and cannot be amended or corrected.  You accept all liability for bids submitted via your account, including the liability to pay in full and on time in accordance with these Terms and Conditions.

To place a bid, a registered User must enter their maximum bid into the box shown on any Lot page.  Whisky Hammer will automatically bid on the Item on your behalf, up to the maximum bid entered, by using the following incremental bidding rules;

Minimum next bidIncrement
£0 – £9.99£1.00
£10 – £49.99£2.50
£50 – £99.99£5.00
£100 – £250

£250-£500

£10.00

£15.00

£500 – £999£20.00
£1000 – £2499£25.00
£2500 – £4999£50.00
£5000-£10.000

£10.000+

£100.00

£200.00

The highest bid placed on any item at the time of which the auction closes will be deemed the winning bid, assuming that such winning bid is greater than any optional reserve price that has been set on the Lot by the Seller.  The Buyer will receive an email notification of any winning bid and will accept all responsibility of bids placed via your account in accordance with these terms and conditions.

Vintage Whisky Auctions Ltd reserves the right, to the fullest extent legally permissible, to reject any registration, reject any bid placed, alter reserves and to withdraw permissions for a User on our website.

At the end of each auction, any bids placed on a Lot within the last 2 minutes of the auction timer will prolong the current auction of that Lot by a further 2 minutes.  This is to ensure that ‘sniping software’ cannot be used on any of our auctions.

Vintage Whisky Auctions Ltd reserve the right to extend the auction timer by any length at any point during the auction, and under any event, specifically if the website is not accessible at the initially proposed auction end time.

Buyer Payment / Responsibilities

Following the end of the auction, the Buyer is responsible to access his account and select check out (including the option to collect where applicable) preferences, at this point the Buyer should promptly complete the payment process.

Payment must be made by the Buyer, in full, for the hammer price + VAT where applicable of Items purchased/won, including all fees and delivery charges advised within 5 days of the auction end date and time.  Any monies owed to VWA Ltd after this will incur late payment penalty of 2%.

Vintage Whisky Auctions Ltd reserves the right to offer any Lot to the second-highest bidder in the event of a cancelled contract, subject to agreement with the Seller of said Lot.

After the Buyer has paid for the Item and immediately upon VWA Ltd having dispatched the Item, ownership of the Item transfers to the Buyer along with all risks and rewards associated with transfer to the Buyer.

Vintage Whisky Auctions Ltd reserves the right to destroy or acquire goods which remain within the premises of Whisky Hammer after a period of 6 months whereby the buyer and/or seller has not made arrangements to collect the goods.

Indemnities Given By The Buyer

The Buyer agrees to indemnify us against any and all claims, proceedings, liabilities, costs, expenses or losses against the Buyer and/or the Company arising from:

      • 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 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;
      • 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 of the Lot 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.
      • any damage to an Item arising as a result of any act or omission of the Buyer or any other person (whether negligent or otherwise) during such time as the Item is in the possession of the Buyer.

Buyer Cancellation

After receiving the Items, the Buyer has a five 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.  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.  If the buyer opts to utilise the storage facility at checkout, any rights to cancellation and refund is void.

If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. You shall be liable for any loss or damage to the Item arising as a result of any act or omission of you or any other person (whether negligent or otherwise) during such time as the Item is in your possession.

Subject to the other provisions of these Terms and Conditions, once you have notified us that you are cancelling your contract, and we have agreed that the cancellation request is valid and in line with the terms stated above, any sum debited by us from your credit or debit card will be re-credited to your account as soon as possible after the item(s) are received by VWA Ltd.  Subject to the other provisions of these Terms and Conditions, refunds will be processed within 30 days of cancellation.

After Sale

The Buyer must complete the payment within 5 days of the auction ending, once payment is complete title of the property will pass to the Buyer.  If payment is not received within this time please refer to our terms above.  For customers out with the UK/EU, a payment surcharge of 3.5% will apply to payments made by credit card.

Although we strive to ensure that you receive your item in perfect condition, due to the various ages of bottles and their seals, condition of liquid is at the Buyer’s risk and no claim can be lodged against failure/leakage in transit. The Buyer shall bear all risk in respect of loss or damage to an Item in transit.

Items offered for sale may contain damage in the form of tears, rips, stains, scratches, dents, rust and more on bottles and boxes.  We attempt to highlight this damage within the lot description however if it is clearly visible within the images displayed the Buyer has been deemed to have seen this damage and has no claim or right to a refund.

Delivery

Please see our shipping page which sets out our delivery charges.  Please note that delivery charges shown are based on 1 bottle = 2kg.  This is the weight of a standard bottle of whisky in a normal box.  Lots with, for example, presentation boxes or larger/numerous bottles, may incur additional shipping charges – in this scenario, any additional charges will be advised on the Lot description and hence is assumed to be understood prior to any bid being placed.

Please note that although we endeavour to ship to as many locations as possible, we are not liable to ship or deliver to all locations.  If you are unsure if we can ship to your location, please contact us in advance of placing any bid.

We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions.

We will aim to ensure delivery of the Items bought within 14 days of receiving payment, not the date that the auction ends.

Please note whisky bottles in transit cannot be insured by the courier. By paying for bottles you accept that Vintage Whisky Auctions has no responsibility or liability for breakages or leakages.

Insurance can be added at checkout at a charge of 3% of the hammer price.   Insurance is provided by a 3rd party insurer.

Before signing for the goods all parcels are to be checked carefully.  If the package is damaged or wet, sign the courier’s sheet in accordance with the actual condition.  It is not sufficient to sign “unexamined”.  Written complaint must be made to the carriers and the senders immediately, otherwise no claim can be considered.

Local taxation, customs and duties may apply with bottles being shipped outside the UK – these charges are to full responsibility of the Buyer.  Whisky Hammer is not responsible for payment of such charges.

Please note that VWA Ltd cannot be held responsible for any delays or seizures by customs or any other third party, including couriers.  It is your duty to adhere to local custom, rules and laws for your own county.

Vintage Whisky Auctions Ltd reserves the right to update delivery charges as required, but not whilst an auction is live.

Vintage Whisky Auctions Ltd can offer storage for Buyers to enable them to buy enough bottles to reduce the average delivery cost per bottle.  We will offer free storage in our secure unit for a period of 2 months after an auction end date, and thereafter a storage fee of £1/day per bottle may apply.  The idea is to allow Buyer’s the buying selection from 2 subsequent auctions to then ship a larger quantity of bottles and reduce average delivery cost per bottle.

Trade Whisky Platinum Members have free storage benefit.

Please note that any rights to refunds/returns are void if storage is selected as delivery method at checkout.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.

Log Files

We use IP addresses to analyse trends, administer the site, track User’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within the Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive websites the Company’s website [or ISP] uses cookies to enable us to retrieve User details for each visit. Cookies are used in some areas of our website to enable the functionality of this area and ease of use for those people visiting.

damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

All intellectual property rights arising from this website and its content shall to the fullest extent permissible by law vest in the Company.