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Terms Of Use

Please read these Terms & Conditions carefully before using our site.

What's in these terms?

These terms tell you the rules for using our website www.whisky-onlineauctions.com, and any sub-domains thereof (our “Sites”).

Who we are & how to contact us

www.whisky-onlineauctions.com is a Site operated by Whisky-Online.com Limited ("We"). We are registered in England and Wales under company number 05974614 and we have our registered office at Units 1-3 Concorde House, Charnley Road, Blackpool, Lancashire, United Kingdom, FY1 4PE.

To contact us, please email: auctions@whisky-online.com.

By using our site you accept these terms

By using our Sites, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Sites.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our Sites:

  • Our Privacy Notice which explains how we process any personal data we collect from you, or that you provide to us.
  • Our Terms and Conditions which explains how you may use our auction platform and your rights as a buyer & seller.
  • Our Cookie Information, which sets out information about the cookies used on our Site.

You must keep your account details safe

If you set up an account with us, you will be provided with a user login and will be asked to create a password as part of our security procedures. You must treat this information as confidential. You must not disclose this information to any third party.

We have the right to disable any user account if it is in our reasonable opinion that you have failed to comply with any of the provisions of these Website Terms of Use.

If you know or suspect that a third party knows your user login or password, you should notify us promptly at auctions@whisky-online.com.

We may make changes to our sites & these terms

We may update and make amendments to our Sites and these terms of use from time to time to reflect changes to our products, our users’ needs and our business priorities. Please check these terms of use every time you use our Sites to ensure that you understand the terms of use that apply to you at the time.

We may suspend or withdraw our sites

Access to our Sites is made available free of charge.

We do not guarantee that our Sites, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Do not rely on information on this sites

The content on our Sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Sites.

Although we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Sites is accurate, complete or up to date.

We are not responsible for any website we link to

Where our Sites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Rules about linking to our sites

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Sites in any website that is not owned by you.

Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page unless expressly agreed with us.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these Website Terms of Use.

If you wish to link to or make any use of content on our Sites other than that set out above, please contact us.

Our responsibility for loss or damage suffered by you

If you have purchased products from us or have sold products through us, then our liability will be set out in our Terms and Conditions.

If you are a consumer user:

  • please note that we only provide our Sites for domestic and private use. You agree not to use our Sites for any commercial and business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption of loss of business opportunity.

If you are a business user:

  • we exclude all implied conditions, warranties, representations or other terms that may apply to our Sites or any content on it.
  • we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use our Sites; or
    • use of or reliance on any content displayed on our Sites.
  • In particular, we will not be liable for:
    • loss of profits, sales, business or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Prohibited uses of our sites

You may only use our Sites for lawful purposes. You may not use our Sites for any of the following:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purposes or effect;
  • for the purposes of harming or attempting to harm minors in any way;
  • to transmit, or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“Spam”);
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time- bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Software”).

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of our Sites in contravention of the provisions of these terms;
  • not to access without authority, interfere with, damage or disrupt:
    • any part of our Sites;
    • any equipment or network on which our Sites are stored;
    • any software used in the provision of our Sites; or
    • any equipment or network or software owned or used by any third party.

Malicious software

We do not guarantee that our Sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Sites. You should use your own virus protection software.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these Website Terms of Use through your use of our Sites. When a breach of these Website Terms of Use has occurred, we may take such action as we deem appropriate.

Failure to comply with these Website Terms of Use may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our Sites.
  • immediate, temporary or permanent removal of any posting or material uploaded by you to our Sites.
  • issue of a warning to you.
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • further legal action against you.
  • disclosure of such information to law enforcement authorities as we reasonably feel necessary.

We exclude liability for actions taken in response to breaches of these Website Terms of Use. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Which country's laws apply to any disputes?

If you are a consumer, please note that these Website Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you live outside the United Kingdom, but within the European Union, then you may be able to bring proceedings in your local courts under the consumer protection laws applicable in your country.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You and we each irrevocably agree, for our sole benefit that, subject as provided below, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation. Nothing in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

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