Terms & Conditions

Whisky-Online Auctions (Auctioneer) Terms & Condition

1. Introduction

These Terms and Conditions govern the use of Whisky-Online Auctions and apply to all Buyers, Sellers, Bidders and other users participating in any auction or service conducted by Whisky-Online Auctions.

Each auction conducted by Whisky-Online Auctions is a public auction. Lots are offered for sale to the public and are available to all eligible bidders who have registered with the Auctioneer and have been approved to bid in accordance with these Terms and Conditions.

Our public auctions are principally conducted through our online bidding platform. The Auctioneer may also, at its discretion, accept bids submitted in person at our premises by prior appointment or other authorised bidding methods where these are expressly offered by the Auctioneer.

By registering for an account, submitting a bid, consigning a Lot or otherwise participating in a public auction conducted by Whisky-Online Auctions, you agree to be legally bound by these Terms and Conditions.

Whisky-Online Auctions acts as agent between Buyers and Sellers unless expressly stated otherwise.

In these Terms and Conditions, Whisky-Online Auctions may be referred to as "the Auctioneer".

1A. The Auctioneer's Role

Unless expressly stated otherwise in writing, the Auctioneer acts solely as agent on behalf of the Seller in relation to the sale of each Lot.

The Auctioneer is not the owner of any Lot unless expressly stated otherwise and does not acquire legal or beneficial title to any Lot merely by accepting it for consignment.

The contract for the sale and purchase of a Lot is concluded between the Seller and the Buyer. The Auctioneer acts solely as intermediary in arranging the sale, collecting payment, facilitating delivery and administering the transaction in accordance with these Terms and Conditions.

The Auctioneer may exercise any right, power or discretion conferred upon it by these Terms and Conditions and may take any action it reasonably considers necessary for the proper administration of the auction, the protection of Buyers and Sellers, the preservation of the integrity of the auction process, or compliance with applicable laws and regulations.

Nothing in these Terms and Conditions shall require the Auctioneer to commence legal proceedings, pursue debt recovery, enforce any contractual rights or otherwise take action on behalf of any Buyer or Seller unless it expressly agrees to do so.

The Auctioneer owes separate contractual obligations to both Buyers and Sellers under these Terms and Conditions but is not responsible for the performance by either party of their respective obligations, except where expressly stated in these Terms and Conditions.

2. Registration

Creating a Whisky-Online Auctions account is free of charge.

To participate as a bidder in any auction, a one-time bidder verification fee is payable. This fee assists in maintaining the integrity of our auctions and reducing fraudulent or non-genuine bidding activity.

Bidder verification fees are non-refundable, including where a bidder chooses not to participate in an auction, is unsuccessful in bidding, has their account suspended, restricted or terminated, or otherwise ceases to use the platform.

Whisky-Online Auctions reserves the right to refuse registration, suspend, restrict or terminate an account without refund of any bidder verification fee where it reasonably believes that a user has breached these Terms and Conditions, provided false or misleading information, engaged in fraudulent activity or otherwise compromised the integrity of the auction platform.

To register and participate in our auctions you must:

Be at least 18 years of age, or have reached the legal age required to purchase and possess alcohol in the jurisdiction in which you reside, whichever is higher.
Provide accurate, complete and up-to-date registration information.
Provide proof of identity, proof of address or any other documentation reasonably requested by Whisky-Online Auctions.
Comply with all applicable laws relating to the purchase, sale, ownership, importation and exportation of alcohol.

You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account.

Whisky-Online Auctions reserves the right to refuse, suspend, restrict or terminate any account at its sole discretion.

Any attempt to manipulate an auction, including shill bidding, bid inflation, bidding on your own Lots, arranging bids through third parties, multiple account abuse or other conduct intended to influence an auction outcome is strictly prohibited.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity carried out using your Account. If you know or suspect that your Account has been accessed or used without your authorisation, you must notify the Auctioneer as soon as reasonably practicable.

The Auctioneer reserves the right to suspend or restrict access to your Account where it reasonably considers this necessary to protect the security or integrity of the Website or any Auction.

2A. Electronic Communications

By creating an account, registering for an Auction or otherwise using the Website, you agree that the Auctioneer may communicate with you electronically, including by email, through your online account, or by notices published on the Website where appropriate.

You are responsible for ensuring that the email address associated with your Account is accurate, current and capable of receiving communications from the Auctioneer.

Unless otherwise required by law, any notice, invoice, statement, payment request, demand or other communication sent by email to the email address registered to your Account shall be deemed to have been received on the day it is sent, provided it is transmitted before 5:00 pm (UK time), or on the next Business Day if sent after that time.

It is your responsibility to regularly monitor your email account, including any spam or junk mail folders, and your Auction account for communications from the Auctioneer. The Auctioneer shall not be responsible for any loss arising from your failure to receive or read communications due to incorrect contact details, spam filtering or other circumstances beyond the Auctioneer's reasonable control.

2B. Trade User

A Trade User is any individual, company, partnership, organisation or other entity purchasing Lots in connection with a business, trade, profession, commercial activity, resale, export, brokerage or investment activity.

Trade User acknowledge that they possess specialist knowledge and expertise relating to whisky, spirits and related assets and are deemed to have conducted their own due diligence before bidding.

Trade Users shall not rely solely upon catalogue descriptions, condition reports, valuations, estimates, photographs or opinions provided by Whisky-Online Auctions.

Any concerns regarding a Lot must be raised before bidding.

Trade Users purchasing Lots for export are solely responsible for complying with all customs, import, export, licensing, excise, tax and regulatory requirements applicable in the destination country.

3. Nature of Bids and Public Auction

Each sale conducted by Whisky-Online Auctions is a public auction.

Participation in any auction is conditional upon the Bidder first registering for an account with the Auctioneer and accepting these Terms and Conditions. No person may bid unless they have been approved by the Auctioneer.

All bids submitted to the Auctioneer, whether placed online, in person by prior appointment, by commission bid, by telephone (where offered) or by any other method authorised by the Auctioneer, are governed by these Terms and Conditions.

By placing a bid, the Bidder acknowledges and agrees that each bid constitutes a final, binding and irrevocable offer to purchase the relevant Lot at the bid amount.

Once received by the Auctioneer, a bid may not be withdrawn, revoked, cancelled or amended except with the Auctioneer's prior written consent or where required by applicable law.

The Auctioneer and the Seller are entitled to rely upon every bid submitted. Any purported withdrawal or repudiation of a bid contrary to these Terms and Conditions shall constitute a breach of contract and may result in the cancellation or suspension of the Bidder's account, recovery of any losses, costs or expenses incurred by the Auctioneer or Seller, and any other remedies available at law.

A contract for the sale of a Lot is formed between the Seller and the successful Buyer when the Auctioneer accepts the highest bid at the conclusion of the auction, subject to any applicable reserve price and these Terms and Conditions.

3A. Bidding

All bids are legally binding.

By placing a bid, you agree to purchase the Lot if you are the highest bidder when the auction closes and any reserve price has been met.

Bids cannot be withdrawn once placed unless agreed by Whisky-Online Auctions in exceptional circumstances.

Any bid placed in error must be reported immediately.

Whisky-Online Auctions reserves the right to reject, remove or cancel bids where fraudulent activity, technical errors or breaches of these Terms are suspected.

The highest bidder at the conclusion of the auction shall be deemed the successful Buyer, subject to any reserve price being met.

3B. Outbid Notifications

The Auctioneer may send automated email notifications to inform Bidders when they have been outbid. These notifications are provided as a courtesy only and do not form part of the Auction service.

Due to the nature of live online auctions, such notifications are not guaranteed and may be delayed, filtered, or fail to be delivered. To reduce the risk of notifications being received after an Auction has ended, outbid notifications may cease to be generated approximately one hour before the scheduled closing time of an Auction.

Bidders remain solely responsible for monitoring Lots on which they have placed bids. The Website is the definitive record of the current bidding status, and the Auctioneer accepts no liability for any loss, disappointment or expense arising from a Bidder's failure to receive, read or act upon an outbid notification.

3C. Auctioneer's Discretion

Whisky-Online Auctions reserves the sole discretion to:

Refuse registration.
Refuse bids.
Suspend accounts.
Restrict bidding activity.
Withdraw Lots.
Cancel sales.
Combine Lots.
Divide Lots.
Amend catalogue descriptions.
Correct errors or omissions.
Extend auctions.
Re-open bidding.
Cancel bids.
Take any action it considers necessary to preserve the integrity of an auction.

The Auctioneer's decision shall be final.

4. Auction Extensions

To ensure all bidders have a fair opportunity to participate, Whisky-Online Auctions operates an automatic auction extension system.

If a bid is placed within the final 10 minutes of a Lot's scheduled closing time, the closing time for that Lot shall automatically extend by a further 10 minutes.

This process shall continue until a full 10-minute period passes without any additional bids being received.

The highest bidder at the conclusion of the final extension period shall be deemed the successful Buyer, subject to any applicable reserve price being met.

Whisky-Online Auctions reserves the right to extend, suspend, postpone or amend the closing time of any Lot or auction where technical issues, system failures, suspected fraudulent activity or other exceptional circumstances make it necessary to do so.

4A. Auto Refresh

The Website may include an automatic refresh feature for convenience only. Whilst the Auctioneer uses reasonable endeavours to keep bid information current, the automatic refresh feature should not be relied upon as displaying the most up-to-date bidding information at all times.

Bidders remain solely responsible for ensuring they are viewing the current bidding status before placing a bid. Where certainty is required, Bidders should perform a manual refresh of the webpage to obtain the latest bid information. The Auctioneer accepts no liability for any loss, disappointment or expense arising from a Bidder's reliance on the automatic refresh feature.

5. Force Majeure

Whisky-Online Auctions shall not be liable for any delay or failure to perform its obligations where such delay or failure arises from events beyond its reasonable control including acts of God, natural disasters, war, terrorism, industrial action, courier disruption, utility failures, cyber incidents, governmental action or communication failures.

5A. Website / Technical Failure

Whisky-Online Auctions shall not be liable for interruptions, outages, delays, communication failures or technical issues affecting the website, bidding platform, internet services or third-party software.

5B. Chargebacks and Payment Reversals

Any chargeback, payment reversal or disputed transaction initiated by a Buyer may result in the immediate suspension of the Buyer's account.

Whisky-Online Auctions reserves the right to recover from the Buyer all associated losses, fees, administration costs, legal costs, debt recovery costs and any other expenses arising from such chargeback, payment reversal or dispute.

6. Inspection of Lots

Buyers are strongly encouraged to inspect Lots before bidding. Images and descriptions are provided for guidance only and do not replace personal inspection.

Inspection of Lots is available strictly by prior appointment during our normal business hours at our premises. We will use reasonable endeavours to accommodate inspection requests but cannot guarantee availability at short notice.

6A. Lot Descriptions and Condition

Whilst every effort is made to accurately describe Lots, all Lots are sold as seen, described and, unless expressly stated otherwise, as pre-owned goods.

Buyers acknowledge that the condition of pre-owned bottles, labels, cartons, presentation cases, capsules, seals and packaging may vary considerably and may not correspond to the standards expected of newly manufactured or retail stock.

Unless expressly stated otherwise, all Lots offered through Whisky-Online Auctions are pre-owned goods. Buyers acknowledge that pre-owned goods may display signs of age, storage, handling, transportation, wear, deterioration, cosmetic imperfections or other characteristics consistent with their age and history.

The presence of such characteristics shall not constitute a defect, misdescription or grounds for cancellation, refund or dispute unless the relevant condition issue has been materially misrepresented by the Auctioneer.

Condition reports are provided as guidance only.

Any information, opinion, condition report, estimate, dating assessment or other assessment provided by Whisky-Online Auctions is offered in good faith and represents our professional assessment at the time of cataloguing.

Such information should not be considered a guarantee or warranty of condition, age, vintage, bottling date, quality, suitability, authenticity, collectability, investment potential or future performance.

Where a bottling date, production period, age or era is stated, this is based upon the information available at the time of cataloguing, including bottle characteristics, labels, tax strips, closures, packaging, historical records, manufacturer information and specialist experience.

Unless expressly confirmed by the producer, any dating information should be regarded as professional opinion only and not as a definitive statement of fact.

Buyers acknowledge that opinions regarding age, bottling date, production period or historical attribution may differ and that no claim may be made solely because another party subsequently provides a different opinion.

Bidders are strongly encouraged to inspect Lots in person before bidding.

Where further information is required, bidders should use the "Ask A Question" facility before placing a bid. We cannot guarantee a response to enquiries received shortly before a Lot closes.

Questions, concerns or requests for additional information raised after bidding or after winning a Lot will not normally be accepted as grounds for cancelling a purchase, withdrawing a bid, delaying or withholding payment, refusing delivery, or disputing a Lot.

Lots are sold as seen and described. The absence of any reference to a defect, repair, restoration, damage, wear, leakage, evaporation, label condition, packaging condition or other issue shall not imply that the Lot is free from such characteristics.

Bottles may suffer from:

Evaporation.
Ullage.
Leakage.
Cork deterioration.
Capsule deterioration.
Label wear.
Packaging wear.

Liquid condition is always at the Buyer's discretion.

We cannot guarantee the future integrity of corks, seals or closures.

No claim may be made for leakage, seepage, evaporation or cork failure occurring during transit.

All bottles are inspected by Whisky-Online specialists Wayne and Harrison Ormerod before auction.

Opened bottles will not normally be accepted unless expressly stated within the Lot description.

Whisky-Online Auctions reserves the right to amend, withdraw, combine or divide Lots and correct errors or omissions in any catalogue description at any time before the conclusion of the auction.

6B. Images, Colours and Catalogue Descriptions

The Seller acknowledges that all photographs, images and catalogue descriptions are prepared by the Auctioneer using its reasonable skill and judgement.

Colours, shades and appearance may vary due to lighting conditions, photography, image processing, monitor settings and mobile device displays. The Auctioneer does not warrant that colours shown in photographs will exactly match the Goods as viewed in person.

Photographs are intended to assist with identification and illustration only and do not form part of the contractual description of a Lot.

The Auctioneer reserves the right to edit, crop, enhance, adjust or otherwise process photographs for catalogue, marketing and promotional purposes, provided such alterations do not materially misrepresent the Goods.

6C. Authenticity

Whisky-Online Auctions takes the authenticity of all Lots seriously and all Lots are examined by our specialists prior to sale.

All Lots are sold on the basis of the Auctioneer's opinion as to authenticity at the time of cataloguing. Any opinion expressed regarding authenticity is given in good faith based upon the information, provenance and evidence reasonably available at that time.

If a Buyer has genuine concerns regarding the authenticity of a Lot, they must notify Whisky-Online Auctions in writing within 7 days of receipt, providing full details of the claim together with all supporting evidence.

The burden of proving that a Lot is materially inauthentic or materially misdescribed rests with the Buyer.

Any authenticity claim must be supported by clear and convincing evidence from an appropriately qualified and experienced independent expert acceptable to the Auctioneer. The cost of obtaining expert reports, laboratory analysis, authentication services, legal advice or any other form of verification shall be borne solely by the Buyer unless otherwise agreed in writing.

The Auctioneer reserves the right to require the Buyer to return the Lot, together with any packaging, capsules, seals, labels, documentation, provenance records or other relevant materials, for inspection before determining any claim. The Auctioneer may also obtain its own independent expert opinion.

Claims based solely upon opinion, hearsay, speculation, internet commentary, social media content, forum discussions, differences of opinion between collectors, enthusiasts, researchers or experts, or unsupported statements from third parties shall not, in themselves, constitute evidence that a Lot is inauthentic or materially misdescribed.

No authenticity claim shall be accepted where the Lot has been opened, altered, consumed, damaged, re-sold, or where any labels, capsules, seals, packaging or other identifying features have been removed, damaged or otherwise interfered with following delivery.

The Auctioneer shall not be responsible for any costs incurred by the Buyer in seeking clarification, inspection, testing, authentication, expert opinion, legal advice or professional assistance. No authenticity claim shall entitle the Buyer to recover the cost of expert reports, testing, professional fees, legal expenses, travel costs or any consequential or incidental losses from the Auctioneer.

The Auctioneer's decision regarding the acceptance or rejection of any authenticity claim shall be final, acting reasonably and having regard to all available evidence, subject always to any statutory rights that cannot legally be excluded.

7. Buyer's Premium

A Buyer's Premium is payable on all successful Lots.

The Buyer's Premium shall be charged at 15% plus VAT where applicable.

The total amount payable may consist of:

Hammer Price.
Buyer's Premium.
VAT where applicable.
Delivery charges.
Storage charges.
Administration charges where applicable.

VAT treatment is determined by the delivery destination of the Goods and not by the Buyer's nationality, residency or account location.

The delivery address provided at checkout will determine the VAT treatment applied to the transaction.

Whisky-Online Auctions reserves the right to request additional information or documentation before applying any VAT exemption.

8. Payment

No Lots may be paid for until the auction has completely concluded and the final Lot has closed.

Following the conclusion of the auction, successful bidders will receive an invoice detailing the Lots purchased and the payment methods available.

Payment is due immediately upon receipt of the invoice. Whisky-Online Auctions allows Buyers up to three calendar days from the invoice date to arrange payment.

Accepted payment methods include:

Debit Card
Credit Card
Bank Transfer

Card payments are accepted up to £7,000.

Transactions exceeding £7,000 must be paid by bank transfer.

If payment has not been received within three calendar days of the invoice date, Whisky-Online Auctions reserves the right to apply a late payment surcharge of 3% of the outstanding balance, subject to a minimum charge of £20 plus VAT.

Failure to make payment within seven calendar days may result in:

Cancellation of the sale.
Suspension of the Buyer's account.
Future bidding restrictions.
Storage charges.
Debt recovery action.
Legal proceedings.

Whisky-Online Auctions reserves the right to pursue the Buyer for all losses, commissions, Buyer's Premium, administration fees, storage charges, legal costs, debt recovery costs and any shortfall arising from the resale of a Lot following a Buyer's default.

8A. Risk and Title

Title to a Lot shall not pass to the Buyer until the Auctioneer has received payment in full in cleared funds of all amounts due, including the Hammer Price, Buyer's Premium, VAT (where applicable), delivery charges, storage charges and any other sums owing in respect of the Lot.

Risk in the Lot shall pass to the Buyer upon the earlier of:

(a) collection of the Lot by the Buyer or the Buyer's agent;

(b) delivery of the Lot to the Buyer or the Buyer's nominated carrier; or

(c) the expiry of the free storage period specified in these Terms and Conditions, whether or not the Lot has been collected.

From the time risk passes, the Lot shall be held by the Auctioneer solely at the Buyer's risk. The Buyer is responsible for arranging any insurance they consider appropriate, and the Auctioneer shall not be liable for any loss, theft, deterioration or damage to the Lot except where caused by the Auctioneer's fraud or negligence.

9. Collection, Shipping and Storage

Lots may be collected from our premises by appointment.

All Lots are available for collection from our head office and, wherever practicable, we strongly recommend collection in person to avoid the risks associated with delivery, handling and transit.

Winning Lots may only be collected once the Buyer has received confirmation from Whisky-Online Auctions that the Lots are ready for collection.

Current collection, delivery, shipping and storage charges are published on our Delivery Information page and may be amended from time to time.

Buyers are responsible for ensuring that all delivery information provided to Whisky-Online Auctions is accurate and complete, and that appropriate arrangements are in place to receive the Goods. Whisky-Online Auctions accepts no liability for delays, additional charges, failed deliveries or losses arising from inaccurate information supplied by the Buyer or the Buyer's failure to accept delivery.

Lots will be stored free of charge for 14 days following the auction. Thereafter, storage charges may apply in accordance with the rates published on our Delivery Information page.

Unless otherwise agreed in writing, unarranged storage for Buyers and Sellers will be charged at £1.00 per Lot per day, subject to a maximum storage period of 30 days.

Where Goods remain uncollected, undelivered or otherwise remain in our possession beyond the applicable free storage period without prior written agreement, Whisky-Online Auctions reserves the right to charge the applicable storage fees together with any reasonable handling, administration and associated costs incurred.

Ownership of the Goods shall not transfer to the Buyer until full cleared payment has been received by Whisky-Online Auctions.

Risk in the Goods transfers to the Buyer immediately upon collection by the Buyer or the Buyer's agent, upon the Goods being placed into storage on the Buyer's behalf, or upon the Goods being handed to a courier for delivery, whichever occurs first.

Whisky-Online Auctions will use reasonable care when packing Goods for shipment but accepts no liability for any delay, loss, damage, leakage, evaporation, cork failure, capsule failure, breakage, label damage, packaging wear or other deterioration occurring after the Goods have been handed to a courier, except where such liability cannot be excluded by law.

Delivery times are estimates only and are not guaranteed. Whisky-Online Auctions accepts no liability for delays caused by couriers, customs authorities or events beyond its reasonable control. Such delays shall not entitle the Buyer to cancel a purchase, refuse delivery, delay or withhold payment, or claim compensation, except where required by law.

The Buyer is solely responsible for ensuring that the Goods may be lawfully imported into the destination country and for complying with all applicable customs, licensing, taxation and regulatory requirements. Whisky-Online Auctions accepts no liability for customs delays, import restrictions, seizures, duties, taxes or other governmental action affecting delivery.

Shipment Tracking and Delivery Monitoring

It is the responsibility of the Buyer to monitor any tracking information provided in relation to a shipment.

If a Buyer or Seller believes a parcel has been lost, delayed, misdirected or otherwise not received, they must notify Whisky-Online Auctions as soon as reasonably possible.

Where a parcel has not been received within 24 hours of the estimated delivery date or delivery notification provided by the courier, the Buyer must contact Whisky-Online Auctions immediately.

Failure to notify Whisky-Online Auctions promptly may affect our ability to investigate the matter, recover the Goods, make a claim against the carrier or otherwise assist in resolving the issue.

Buyers are responsible for ensuring that the delivery address provided is accurate and that any age-verification, customs, import or other regulatory requirements applicable to the destination country can be satisfied.

Order Amendments

Once an order has been checked out, it is not possible to make further amendments.

Any request to amend an order after checkout, including but not limited to changing delivery addresses, altering shipping arrangements, holding Goods for later collection, combining orders, or making other administrative changes, will be subject to an administration fee of £20.00 plus VAT per amendment.

Whisky-Online Auctions does not offer the separation of invoices or the splitting of completed orders after checkout.

Whisky-Online Auctions reserves the right to refuse any amendment request where the order has already been processed, packed, dispatched or otherwise progressed beyond the point at which changes can reasonably be accommodated.

9A. Loss & Breakage Assurance (LBA)

Loss & Breakage Assurance ("LBA") for deliveries is optional and may be selected during checkout.

If Delivery LBA is not selected, the Buyer acknowledges that Whisky-Online Auctions accepts no liability for any loss, damage or breakage occurring after the Goods have been handed to a courier.

All Goods are packed with the same care and attention regardless of whether Delivery LBA has been selected.

Due to the varying age, condition and nature of many Lots, Delivery LBA does not cover leakage, evaporation, ullage changes, cork failure, seal failure, oxidation, cork taint, deterioration of the contents, cosmetic damage, label damage, packaging wear or any other deterioration or defect arising from the age, condition or characteristics of the bottle, its contents or its packaging. Whisky-Online Auctions cannot accept claims or returns in respect of such matters.

Delivery LBA applies only to accidental loss or physical damage occurring during transit and is subject to any additional terms, conditions and exclusions published by Whisky-Online Auctions from time to time.

We strongly recommend collection in person from our head office wherever practicable to avoid the risks associated with delivery and transit.

Secure Storage LBA

Loss & Breakage Assurance for items held in Secure Storage is separate from Delivery LBA and is required for all items stored within our Secure Storage facility.

Items accepted into Secure Storage shall be deemed delivered once Storage LBA has been purchased.

Storage LBA applies only while the Goods remain in Secure Storage and ceases immediately when the Goods are removed from Storage for collection or delivery.

Where Goods are subsequently dispatched, a separate Delivery LBA may be purchased.

LBA applies individually to each order and may not be transferred, exchanged or reassigned between orders.

Delivery LBA Cover

Delivery LBA covers loss and breakage occurring during transit only.

Delivery LBA does not cover:

Leakage.
Seal failure.
Evaporation.
Ullage changes.
Cork failure.
Cosmetic damage.
Label damage.
Packaging wear.
Any loss arising from the age or condition of the bottle.

Delivery LBA Claims

It is the Buyer's responsibility to monitor the tracking of any parcel in transit.

If a parcel has not been received within the estimated delivery timescale, the Buyer must contact Whisky-Online Auctions immediately.

Any claim relating to a lost parcel must be reported within 24 hours of the estimated delivery date or delivery window. Failure to notify Whisky-Online Auctions within this period may result in the claim being declined.

In the event that a parcel or its contents are damaged during transit, the Buyer must contact Whisky-Online Auctions immediately and provide:

Photographs of all packaging materials.
Photographs of the damaged item(s).
Photographs of the relevant Lot tag(s).
Any additional information or evidence reasonably requested to support the claim.

The Buyer must retain all packaging materials, damaged items and associated documentation until the claim has been fully investigated and concluded.

Failure to report damage promptly or provide the requested evidence may result in the claim being rejected or delayed.

Where a valid Delivery LBA claim is accepted, the Buyer will receive reimbursement of the Hammer Price and Buyer's Premium paid for the affected Lot.

Delivery charges, administration fees and the LBA premium itself are not refundable.

Storage LBA Cover

Storage LBA covers loss and breakage whilst Goods remain within Secure Storage only.

Storage LBA does not cover:

Leakage.
Seal failure.
Evaporation.
Ullage changes.
Cork failure.
Cosmetic damage.
Label damage.
Packaging wear.
Any loss arising from the age or condition of the bottle.

Where a valid Storage LBA claim is accepted, the Buyer will receive reimbursement of the Hammer Price and Buyer's Premium paid for the affected Lot.

Storage charges, administration fees and any LBA premiums paid are not refundable.

LBA Charges
Loss & Breakage Assurance is charged at 3% (excluding VAT) of the Hammer Price plus Buyer's Premium, subject to a minimum charge of £10.00 plus VAT.
Where Goods are delivered outside the United Kingdom, VAT will not normally be charged on Delivery LBA, subject to the applicable export requirements being satisfied.

9B. Cask Sales and Bonded Stock

Any Lot described as a cask, cask interest, cask ownership, warehouse-held whisky, bonded stock or similar asset is sold subject to the conditions contained within this section.

Descriptions relating to cask volume, alcohol strength, regauge figures, bulk litres, litres of pure alcohol (LPA), bottle yields, warehouse location, cask type, age, vintage, maturation details, ownership history and projected bottling numbers are provided in good faith for guidance only.

Whisky-Online Auctions does not independently verify warehouse records and may rely upon information supplied by warehouses, cask owners, consignors, brokers or other third parties. Accordingly, Whisky-Online Auctions accepts no liability for inaccuracies in such information.

Actual volumes, strengths and bottle yields may vary due to natural evaporation, ullage, sampling, maturation, regauging, re-racking, warehouse operations or other factors beyond the Auctioneer's control.

The Buyer acknowledges that whisky stored in cask continues to mature and change over time.

Ownership of a cask does not automatically include bottling rights, trademarks, intellectual property rights, warehouse services, insurance, storage, packaging, labelling, transport, removal from bond or any ancillary rights unless expressly stated within the Lot description.

Following receipt of cleared funds and completion of the sale, ownership shall transfer to the Buyer.

Any costs associated with ownership transfer, warehouse administration, insurance, regauging, sampling, bottling, labelling, storage, transport, duty, VAT, excise liabilities, removal from bond or any associated charges shall be the sole responsibility of the Buyer.

Whisky-Online Auctions makes no warranty or representation regarding future market value, future bottle yields, future bottling opportunities, investment performance, appreciation in value or future resale prices.

Investment Disclaimer

Any statements regarding rarity, collectability, market demand, future value, appreciation, investment potential, expected returns or future resale value are opinions only and shall not constitute financial, investment, tax, legal or professional advice.

The Buyer acknowledges that the value of whisky casks may rise or fall and that Whisky-Online Auctions does not guarantee any future financial return.

10. Seller's Authority and Title Warranty

The Seller warrants and represents that:

(a) they are the legal and beneficial owner of each Lot consigned for sale, or are duly authorised by the legal owner to sell the Lot;

(b) they have full legal authority to enter into this agreement and transfer good title to any Buyer;

(c) the Lot is free from any undisclosed third-party ownership claims, charges, security interests, liens, finance agreements or encumbrances;

(d) the Lot has not been stolen, unlawfully acquired, fraudulently obtained or imported in breach of applicable laws;

(e) all information supplied regarding the Lot is accurate to the best of their knowledge and belief.

The Auctioneer reserves the right to request proof of ownership, identification, probate documentation, invoices, receipts or any other evidence reasonably required.

The Seller shall indemnify the Auctioneer against all claims, liabilities, damages, refunds, losses, legal costs and expenses arising from any breach of this warranty.

11. Seller Information and Consignment Process

The Seller is responsible for ensuring that all information provided to Whisky-Online Auctions in any Consignment Form, valuation request, collection request, email or other communication relating to a Lot is complete, accurate and up to date.

Whisky-Online Auctions relies upon the information provided by the Seller throughout the consignment process, including for the purposes of identification, cataloguing, valuation, reserve prices, ownership verification, marketing, photography, auction descriptions, collection arrangements and the administration of the sale.

The Seller must promptly notify Whisky-Online Auctions of any error, omission or change to the information previously supplied before the Lot is offered for sale.

Whisky-Online Auctions shall not be responsible for any loss, delay, additional costs, catalogue errors or other consequences arising from inaccurate, incomplete or misleading information supplied by the Seller.

Where information supplied by the Seller is subsequently found to be inaccurate or incomplete, Whisky-Online Auctions reserves the right to amend the catalogue description, revise estimates or reserves, postpone or withdraw the Lot from sale, or take any other action it reasonably considers necessary.

Submission of a Consignment Form does not oblige the Auctioneer to offer a Lot for sale. The Auctioneer reserves the right to amend, decline or withdraw any consignment in accordance with these Terms and Conditions.

11A. Acceptance of Consignment

A contract for the provision of auction services between the Seller and the Auctioneer is formed when the Seller submits a Consignment Form agreeing to these Terms and Conditions.

By submitting a Consignment Form, the Seller commits the Goods listed on that form for sale through the Auctioneer in accordance with these Terms and Conditions.

Submission of a Consignment Form does not oblige the Auctioneer to accept any Goods for sale. The Auctioneer may inspect the Goods following receipt and may decline to accept any Goods for consignment at its absolute discretion.

Where the Auctioneer declines to accept any Goods, or where the Seller requests the return or withdrawal of Goods after submitting the Consignment Form, the Seller shall remain responsible for any applicable collection, handling, cataloguing, photography, administration, storage, packaging and return delivery charges incurred by the Auctioneer.

Once Goods have been accepted for consignment, any withdrawal by the Seller shall be governed by the withdrawal provisions of these Terms and Conditions.

11B. Goods Submitted for Future Consignment

Where Goods are received by Whisky-Online Auctions without a completed Consignment Form, or where a Seller delivers, ships or otherwise submits Goods for evaluation, valuation or possible inclusion in a future auction, the Goods shall be deemed to have been submitted for consignment pending completion of the consignment process.

The Seller acknowledges that Whisky-Online Auctions may inspect, unpack, photograph, catalogue, research, store, handle and otherwise process the Goods in preparation for a future auction or valuation.

The Seller remains responsible for providing any information, documentation or ownership evidence reasonably requested by the Auctioneer before the Goods are accepted for sale.

Submission of Goods to the Auctioneer does not oblige the Auctioneer to accept the Goods for auction or guarantee that the Goods will be offered for sale.

Where the Seller subsequently decides not to proceed with the consignment, fails to complete the required documentation, requests the return of the Goods, or the Goods are not accepted for auction, the Seller shall remain liable for any applicable collection charges, waived promotional collection charges, handling, storage, photography, cataloguing, administration, packaging and return delivery costs incurred by the Auctioneer.

The Auctioneer may retain possession of the Goods until all sums due have been paid in full in cleared funds.

11C. Goods Received Without a Consignment Form

Where Goods are received without a completed Consignment Form, the provisions of Clause 11A shall apply. The Auctioneer may require the owner to complete all consignment documentation and provide such information or evidence as the Auctioneer reasonably requires before the Goods are accepted for sale or released.

11D. Exclusive Consignment

Upon acceptance of the Goods for consignment by the Auctioneer, the Seller grants Whisky-Online Auctions the exclusive right to market and offer the Goods for sale until the earliest of:

(a) completion of the auction and settlement of the sale;

(b) the Goods being formally withdrawn in accordance with these Terms and Conditions; or

During this period, the Seller shall not, without the Auctioneer's prior written consent:

offer, advertise or market the Goods for sale through any other auction house, dealer, broker, marketplace or private sale;
enter into any agreement to sell or otherwise dispose of the Goods; or
remove or attempt to remove the Goods from the Auctioneer's possession other than in accordance with these Terms and Conditions.

If the Seller breaches this clause, the Auctioneer may cancel the consignment, recover any applicable commissions, withdrawal charges and reasonable costs incurred, and retain possession of the Goods until all sums due have been paid in full.

11E. Consignment and Withdrawal

By submitting a Consignment Form to Whisky-Online Auctions, the Seller offers the Lot for sale, authorises the Auctioneer to sell the Lot on the Seller's behalf and agrees to be bound by these Terms and Conditions.

A binding agreement between the Seller and the Auctioneer is formed upon submission of the Consignment Form.

Once a Consignment Form has been submitted, the Seller may not withdraw any Lot from sale without the Auctioneer's prior written consent.

If a Seller requests to withdraw a Lot after submission of the Consignment Form, the Auctioneer may, at its sole discretion, agree to the withdrawal subject to payment by the Seller of the greater of:

(a) a withdrawal fee equal to 15% plus VAT of the Lot's lower auction estimate or reserve price together with any reasonable costs, expenses or losses incurred in connection with the consignment; or

(b) £25 plus VAT per Lot where an estimate has not been provided or a reserve has not been set.

The Auctioneer reserves the right to deduct any withdrawal fees, costs, expenses or other sums due from monies held on behalf of the Seller or from future sale proceeds.

Where a Seller withdraws one or more Lots after they have been collected, received, catalogued, photographed, listed or otherwise prepared for auction, Whisky-Online Auctions reserves the right to recover any collection charges that were waived as part of a free collection promotion, together with all reasonable fees, costs and expenses incurred in connection with the collection, handling, storage, cataloguing, photography, administration, marketing, withdrawal and return of the Lots.

Where only part of a consignment is withdrawn, Whisky-Online Auctions may apportion such fees, costs and expenses on a reasonable basis.

Nothing in this clause shall prevent the Auctioneer from withdrawing a Lot where authenticity concerns, ownership disputes, legal issues or other exceptional circumstances arise.

11F. Valuations

Whisky-Online Auctions may provide free verbal or written valuations.

To enable an accurate assessment, the Seller must provide such information as the Auctioneer reasonably requires, including a complete digital list of the Goods together with clear photographs or any other supporting information requested by the Auctioneer.

Whisky-Online Auctions reserves the right to refuse, defer or withdraw any valuation request where sufficient information, photographs or documentation have not been provided or where the information supplied is, in the Auctioneer's reasonable opinion, incomplete, inaccurate or inadequate to enable a reliable valuation.

Any valuation, estimate or opinion is provided in good faith and for guidance only.

Valuations do not constitute a guarantee of:

Sale.
Reserve price.
Hammer price.
Future market value.

Market conditions may change and actual sale prices may differ significantly from any valuation provided.

The Auctioneer accepts no liability where a Lot sells for more or less than any valuation or estimate.

The Auctioneer reserves the right to amend, revise or update any valuation, auction estimate or pricing guidance at any time prior to, during or following an auction in order to reflect prevailing market conditions, recent auction results, changes in demand, additional research, condition assessments or any other relevant factors.

The Seller acknowledges that valuations and auction estimates may increase or decrease over time and that any valuation or estimate provided at one point in time may not reflect the value of a Lot at a later date.

Updated valuations or estimates will generally be provided upon request. However, the Auctioneer shall have no obligation to proactively notify Sellers of changes in market conditions or revised valuations unless specifically agreed in writing.

Valuations are provided free of charge on the basis that the Seller is considering consigning the Goods for sale through Whisky-Online Auctions. Such valuations are not provided for insurance, probate, taxation, accounting, litigation, matrimonial, financial planning or any other third-party purpose unless expressly agreed in writing. Where a valuation is required for any purpose other than a potential auction consignment, Whisky-Online Auctions reserves the right to decline the request or charge an appropriate fee.

Valuation service costs

Single bottle valuation - £15
Small collection (up to 25 bottles) - £75
Larger collections - Quoted individually
Written valuation for insurance/probate - From £100

11G. Collection Services

Whisky-Online Auctions may, at its discretion, offer a collection service for Lots consigned for auction.

From time to time, Whisky-Online Auctions may offer free collection promotions based on factors including, but not limited to, the estimated value of a consignment, the number of bottles consigned, geographical location, collection route availability or other promotional criteria determined by the Auctioneer.

Details of any free collection promotion, including any applicable eligibility requirements, will be published by Whisky-Online Auctions and may be amended or withdrawn at any time.

Where a consignment does not qualify for a free collection promotion, collection charges shall apply at the rates published by Whisky-Online Auctions at the time of booking.

Collection charges are non-refundable once a collection has been booked, except where otherwise agreed by Whisky-Online Auctions in writing.

The Seller is responsible for ensuring that no individual parcel exceeds 20kg in weight unless otherwise agreed in advance. Due to manual handling and lifting regulations, parcels exceeding 20kg may incur additional handling charges.

The Seller is responsible for ensuring that all Lots are adequately packaged and prepared for collection unless otherwise agreed in writing.

The Seller shall ensure that all information provided regarding the Lots is accurate and that all Lots made available for collection correspond to the consignment details provided.

Risk in the Lots shall remain with the Seller until the Lots have been received and accepted into the Auctioneer's possession.

The Auctioneer reserves the right to refuse collection of any Lot that is inadequately packaged, unsafe to transport, prohibited by law or materially different from the information supplied by the Seller.

Any collection charges, failed collection charges, redelivery costs, additional courier costs or handling fees incurred as a result of incorrect information, inadequate packaging, excessive parcel weight or the Seller's failure to make the Lots available for collection shall be payable by the Seller.

All collection charges, promotional thresholds and weight limits are subject to change from time to time and the rates and conditions published by Whisky-Online Auctions at the time of booking shall apply.

Insurance and Transit Risk

Where Lots are collected from a Seller by the Auctioneer or an appointed courier, the Seller acknowledges that the Lots have been packaged and prepared by the Seller and not by Whisky-Online Auctions.

Unless expressly agreed otherwise in writing, Lots collected from a Seller by courier are not insured by Whisky-Online Auctions whilst in transit to the Auctioneer.

The Seller is responsible for arranging any insurance cover they consider necessary in relation to the transportation of Lots to Whisky-Online Auctions.

Whisky-Online Auctions accepts no liability for loss, theft, damage, breakage, leakage, evaporation, cork failure, label damage, packaging damage or any other deterioration occurring during transit from the Seller to the Auctioneer.

The Seller remains responsible for ensuring that all Lots are adequately packaged and suitable for transportation. Any claim arising from inadequate packaging or preparation shall be the responsibility of the Seller.

Shipment Tracking and Collection Monitoring

Where tracking information is provided in relation to a collection or shipment being sent to Whisky-Online Auctions, it is the responsibility of the Sender to monitor the progress of the shipment.

If a Sender believes a parcel has been lost, delayed, misdirected or otherwise not received by Whisky-Online Auctions, the Seller must contact Whisky-Online Auctions as soon as reasonably possible.

Where a parcel has not been delivered to Whisky-Online Auctions within 72 hours of the estimated delivery date or expected delivery timeframe, the Sender must notify Whisky-Online Auctions immediately.

Failure to notify Whisky-Online Auctions promptly may affect the ability to investigate the matter, locate the parcel, pursue the carrier or otherwise assist in resolving the issue.

Whisky-Online Auctions shall not be liable for any loss arising from a Seller's failure to monitor tracking information or promptly report delivery issues.

11H. Goods Received Without a Consignment Form

Where Goods are delivered or sent to Whisky-Online Auctions without a completed Consignment Form, the Auctioneer reserves the right to refuse the Goods, request further information, or require the owner to complete the relevant consignment documentation before the Goods can be considered for sale.

The Auctioneer shall not be liable for any loss arising from a delay in the completion of consignment documentation by the owner of the Goods.

11I. Withdrawal Requests and Release of Goods

Where a Seller wishes to withdraw one or more Lots after submission of a Consignment Form, the Seller must complete and submit the Auctioneer's Withdrawal Request Form.

Submission of a Withdrawal Request Form constitutes a request only and does not automatically withdraw any Lot from sale or entitle the Seller to the return of any Goods. A withdrawal shall only take effect once it has been expressly approved by the Auctioneer and all applicable fees and charges have been paid in full in cleared funds. Until that time, the Lot shall remain subject to these Terms and Conditions and may continue to be processed for auction.

No withdrawn Lot shall be released, collected or returned until all applicable withdrawal fees, collection charges, waived collection charges, handling costs, cataloguing costs, photography costs, administration fees, storage charges, return delivery costs and any other sums due to the Auctioneer have been paid in full and cleared funds have been received.

Where a Lot was originally collected free of charge as part of a promotional offer, the Auctioneer reserves the right to recover the collection charges that would otherwise have applied if the Lot is subsequently withdrawn from sale.

Where only part of a consignment is withdrawn, the Auctioneer may apportion any applicable charges on a reasonable basis.

The Auctioneer reserves the right to retain possession of any withdrawn Lot until all outstanding amounts have been paid in full and cleared funds have been received.

Where Goods have been delivered or sent to the Auctioneer without a completed Consignment Form, the Auctioneer may require the owner to complete the relevant consignment documentation before the Goods can be considered for sale.

If the owner requests the return of such Goods, fails to complete the required documentation within a reasonable period, or otherwise elects not to proceed with the consignment, the Auctioneer may charge reasonable collection, handling, administration, storage, packaging and return delivery costs.

No Goods shall be released or returned until all such charges have been paid in full and cleared funds have been received.

The Auctioneer reserves the right to refuse any withdrawal request at its sole discretion, particularly where the Lot has already been catalogued, photographed, marketed, entered into an Auction or where withdrawal would otherwise prejudice the Auctioneer or prospective bidders.

12. Acceptance of Lots

The Auctioneer reserves the sole discretion to accept, reject, withdraw, combine, divide, re-catalogue or amend any Lot offered for sale.

The Auctioneer may correct errors, omissions or inaccuracies in any catalogue description or listing at any time prior to the conclusion of the auction.

12A. Refusal of Lots

Whisky-Online Auctions reserves the right to refuse any Lot, consignment or item offered for sale at its sole discretion.

Without limitation, Whisky-Online Auctions will not normally accept:

Opened bottles or bottles without seals.
Empty or low-filled bottles/decanters.
Non-single malt whisky miniatures.
Unofficial memorabilia.
Cream liqueurs.
Beer or other low-value alcoholic beverages.
Foodstuffs or consumable products with a sell-by, use-by or best-before date.
Counterfeit goods.
Stolen property.
Goods subject to ownership disputes.
Prohibited or unlawful items.
Lots of doubtful authenticity.
Any item which the Auctioneer considers unsuitable for sale.

Whisky-Online Auctions may refuse, withdraw or dispose of damaged outer packaging, presentation boxes, cartons or ancillary packaging materials where, in its opinion, such items are unsuitable for sale, storage or shipping.

The Auctioneer reserves the right to amend the categories of items accepted for sale from time to time without notice.

Where a Seller submits items that are not accepted for auction, all collection, return, handling, packaging, administration and delivery costs shall be the responsibility of the Seller.

The Auctioneer shall have no liability to any Seller arising from its decision to refuse, reject, withdraw or decline to offer any Lot for sale.

13. Descriptions, Dating and Research

Catalogue descriptions are prepared using information available at the time of cataloguing.

Any statements regarding age, bottling period, vintage, cask details, provenance, rarity, production dates, ownership history or historical background are opinions provided in good faith and should be treated as guidance only unless expressly stated otherwise.

The Auctioneer does not warrant the accuracy of such opinions and shall not be liable for errors, omissions, revised research findings or differences of opinion.

The Auctioneer may correct clerical, typographical, administrative, technical or catalogue errors at any time. Where such an error is identified after the conclusion of an auction, the Auctioneer reserves the right to take any action it considers reasonably necessary to remedy the error.

Where a material error is identified in a Lot description, photograph, estimate, title, specification, provenance, bottling information, quantity or other catalogue information, the Auctioneer reserves the right to amend the listing, cancel the sale, withdraw the Lot, refund the Buyer or take any other action it considers appropriate.

Buyers are responsible for satisfying themselves as to the condition, authenticity and suitability of a Lot before bidding. Matters that are clearly visible in photographs, disclosed in the description or capable of being identified through reasonable inspection shall not normally constitute grounds for cancellation, refund or dispute after the conclusion of the auction.

The decision of the Auctioneer regarding the existence of a clerical or administrative error and the appropriate remedy shall be final.

14. Authenticity

The Seller guarantees that all information supplied regarding a Lot is accurate to the best of their knowledge.

Should evidence emerge that a Lot is counterfeit, altered, stolen, unlawfully imported, misrepresented or otherwise unsuitable for sale, the Auctioneer may withdraw the Lot, cancel any sale, refund the Buyer and recover from the Seller any resulting losses, costs, expenses or liabilities.

15. Reserves

Reserve prices may be agreed between the Seller and the Auctioneer before the auction.

The Auctioneer reserves the right to refuse any reserve considered unrealistic, excessive or detrimental to the likelihood of sale.

For the avoidance of doubt, reserve prices may not exceed the Auctioneer's lower auction estimate for the Lot.

The Auctioneer may, at its sole discretion, decline to offer a Lot for sale where the Seller insists upon a reserve price that exceeds the Auctioneer's lower estimate.

No reserve may be altered once bidding has commenced.

The Auctioneer may, at its discretion, agree to reduce a reserve where authorised by the Seller.

Where no reserve has been agreed in writing, the Lot shall be deemed to be offered without reserve.

16. Commission and Charges

Seller's commission and any applicable fees shall be charged at the rates published by Whisky-Online Auctions at the time of sale.

The Auctioneer reserves the right to deduct from sale proceeds:

Commission.
Storage fees.
Delivery costs.
Insurance charges.
Administration fees.
Withdrawal fees.
Marketing costs.
Any other sums due to the Auctioneer.

17. Unsold Lots

Unless the Seller notifies Whisky-Online Auctions in writing within 3 days of the conclusion of the auction, any unsold Lot shall automatically be entered into the next available auction without notice to the seller.

The Auctioneer may, at its discretion, adjust the reserve price, auction estimate or marketing strategy for any re-offered Lot where considered appropriate and in the best interests of achieving a sale.

Where a Seller requests the return of an unsold Lot, any applicable collection, delivery, handling, storage, administration or other charges must be paid before the Lot is released.

Returned Lots are transported entirely at the Seller's risk. Unless expressly agreed otherwise in writing, the Auctioneer does not provide insurance cover for Lots being returned to a Seller and accepts no liability for loss, damage, breakage, leakage, evaporation, cork failure, label damage or transit-related issues occurring during return transportation.

The Seller is responsible for arranging any insurance cover they consider necessary in relation to the return of a Lot.

The Auctioneer reserves the right to determine the timing and method of any subsequent offering of an unsold Lot.

18. Buyer Default and Payment to Sellers

The Auctioneer does not guarantee payment by any Buyer.

The Auctioneer shall not be required to advance funds to a Seller in respect of any Lot where payment has not been received from the Buyer.

Where a Buyer fails to pay for a Lot, the Auctioneer may, at its sole discretion and without liability to the Seller:

(a) cancel the sale;

(b) offer the Lot to an underbidder;

(d) sell the Lot by private treaty;

(e) pursue the defaulting Buyer for payment, damages, costs and expenses; or

(f) take any other action the Auctioneer considers appropriate.

Sale proceeds shall normally be paid in accordance with the estimated seller payment dates published in the Auctioneer's auction calendar.

All payment dates are estimates only and are dependent upon receipt of cleared funds from the Buyer and completion of any applicable verification, collection, shipping, fraud prevention, compliance or administrative processes.

The Seller acknowledges that no sale proceeds shall become due unless and until the Auctioneer has received cleared funds from the Buyer.

The Auctioneer shall not be liable to the Seller for any loss arising from a Buyer's failure to complete a purchase.

Where a Lot is re-offered for sale following a Buyer's default, the Auctioneer may deduct any additional costs, losses, commissions or expenses incurred as a result of the default from the eventual sale proceeds.

The Auctioneer reserves the right to delay payment where ownership disputes, authenticity concerns, chargebacks, fraud investigations, legal proceedings or other exceptional circumstances arise.

Any sums owed by the Seller to the Auctioneer, including commission, withdrawal fees, storage charges, administration costs or any other monies due, may be deducted from sale proceeds before payment is made.

19. Storage and Risk

The Auctioneer shall take reasonable care of all Lots whilst they are in its possession.

All Lots are insured whilst consigned to auction, throughout the auction period, for a period of 14 days following the conclusion of the auction, and whilst subject to any paid storage arrangement offered by the Auctioneer.

Insurance cover provided by the Auctioneer shall commence only once the Lots have been received and accepted into the Auctioneer's possession.

For the avoidance of doubt, Lots being transported from a Seller to the Auctioneer by courier or collection service are not insured by the Auctioneer unless expressly agreed otherwise in writing.

Subject to the terms, conditions, exclusions and limits of the applicable insurance policy, the Auctioneer shall maintain such insurance cover during the periods stated above.

The Auctioneer shall not be liable for any loss, damage, deterioration or reduction in value arising from:

Natural evaporation or ullage.
Leakage.
Cork failure.
Seal failure.
Capsule deterioration.
Label deterioration.
Packaging deterioration.
Inherent defects.
The age or condition of the Lot.
Acts of God.
War.
Terrorism.
Government action.
Cyber incidents.
Events beyond the Auctioneer's reasonable control.

Following expiry of the 14-day post-auction period, or where Goods are not subject to a paid storage arrangement, risk shall pass to the owner of the Goods in accordance with Clause 9 (Collection, Shipping and Storage).

The owner of the Goods shall be responsible for arranging any insurance cover they consider necessary outside the periods expressly covered by the Auctioneer.
Unless otherwise agreed in writing, the Seller shall be responsible for all costs associated with the return, collection, transportation or delivery of any unsold, withdrawn, disputed or otherwise returnable Lot, including any applicable handling, packaging, administration, courier or storage charges.

Where a Lot was originally collected from the Seller free of charge as part of a collection promotion or incentive, and the Seller subsequently requests the return of that Lot, Whisky-Online Auctions reserves the right to charge the Seller the standard collection fee that would otherwise have applied to the original collection, together with all applicable return, handling, packaging, administration, courier and storage charges.

Such charges must be paid in full before the Lot is released or returned to the Seller.
Returned Lots are transported entirely at the Seller's risk. Unless expressly agreed otherwise in writing, the Auctioneer does not provide insurance cover for Lots being returned to a Seller and accepts no liability for loss, damage, breakage, leakage, evaporation, cork failure, label damage or transit-related issues occurring during return transportation.

The Seller is responsible for arranging any insurance cover they consider necessary in relation to the return of a Lot.

19A. Uncollected and Abandoned Property

The Seller agrees to collect, or arrange collection of, any unsold, withdrawn or otherwise returnable Lot within 14 days of notification by the Auctioneer, unless otherwise agreed in writing.

The Auctioneer reserves the right to charge reasonable storage, handling and administration fees for any Lot remaining uncollected beyond the applicable free storage period.

Any Lot remaining uncollected for more than 60 days after notification by the Auctioneer shall be deemed abandoned. The Seller irrevocably forfeits all rights, title and interest in the Lot, and ownership of the Lot shall pass to the Auctioneer without further notice or compensation.

Upon a Lot being deemed abandoned, the Auctioneer may, at its sole discretion:

(a) re-offer the Lot for sale in a future auction;
(b) sell the Lot by private treaty;
(c) dispose of the Lot; or
(d) otherwise deal with the Lot in such manner as it considers appropriate.

The Auctioneer shall be entitled to retain all sale proceeds to satisfy any outstanding fees, storage charges, administration costs and any other sums due by the Seller. Where the proceeds of sale are insufficient to discharge all sums owing, the Seller shall remain liable for the balance.

The Auctioneer shall not be liable for any loss, deterioration, damage or reduction in value of any Lot arising from the Seller's failure to collect it within the required period.

20. Intellectual Property and Auction Data

All photographs, catalogue descriptions, condition reports, valuations, auction results, hammer prices, realised prices, historical pricing information, databases, research materials, logos, branding and website content published by Whisky-Online Auctions remain the intellectual property of Whisky-Online Ltd.

The creation and maintenance of Whisky-Online Auctions' photographs, catalogue descriptions, condition reports, valuations, auction results, historical pricing information, databases and research materials requires substantial investment of time, expertise and financial resources. The unauthorised collection, reproduction, extraction, republication, analysis, commercial exploitation or resale of such content may cause significant commercial harm to Whisky-Online Auctions and is expressly prohibited.

No person may copy, reproduce, scrape, harvest, extract, republish, distribute, licence, sell, exploit or create derivative works from such content without prior written consent.

The commercial collection, aggregation, republication, indexing, analysis, resale or redistribution of auction results, realised prices, historical pricing information, catalogue descriptions or images is strictly prohibited.

The use of automated tools, bots, crawlers, artificial intelligence systems, machine learning tools, market intelligence platforms or data aggregation services to collect, analyse or exploit Whisky-Online Auctions content is expressly prohibited.

For the avoidance of doubt, the prohibited use of auction data includes the systematic collection, extraction, republication, indexing, analysis, commercial exploitation, resale or redistribution of realised prices, historical pricing information, auction results, catalogue descriptions or images by any individual, company, website, application, software platform, artificial intelligence system, data provider or market intelligence service.

Whisky-Online Auctions reserves the right to pursue all available legal remedies in respect of any unauthorised use of its intellectual property, databases, auction data or content, including claims for damages, account of profits, injunctive relief, recovery of legal costs and any other remedies available at law.

21. Buyer Claims and Seller Indemnity

Where a Buyer brings a claim, complaint or dispute relating to a Lot, including but not limited to authenticity, ownership, provenance, title, condition, misdescription or legality of sale, the Auctioneer may investigate the matter and take such action as it considers appropriate.

The Seller agrees to provide all information and assistance reasonably requested by the Auctioneer in connection with any such claim.

Where the claim arises wholly or partly from information supplied by the Seller, or from any breach of these Terms by the Seller, the Seller shall indemnify and keep indemnified the Auctioneer against all losses, liabilities, refunds, damages, legal costs, professional fees and expenses incurred.

The Auctioneer's decision regarding the handling of any complaint, claim or dispute shall be final, subject to any statutory rights that cannot legally be excluded.

22. Prohibited Conduct

The following activities are strictly prohibited:

Shill bidding.
Bid manipulation.
Multiple accounts used to influence auctions.
Fraudulent transactions.
Chargeback abuse.
Harassment of staff or users.
Bidding on your own Lots.
Arranging third parties to bid on Lots in which you have an interest.
Circumventing auction fees.
Attempting to complete transactions outside the Whisky-Online Auctions platform.

Any breach may result in account closure, cancellation of bids, cancellation of sales and reporting to relevant authorities.

23. Anti-Money Laundering

Whisky-Online Auctions reserves the right to request identification, proof of address, source of funds information and any other documentation required to comply with applicable anti-money laundering legislation and regulations.

Failure to provide requested documentation may result in suspension or cancellation of transactions and accounts.

24.A. Limitation of Liability

Whisky-Online Auctions acts solely as agent between Buyers and Sellers unless expressly stated otherwise.

Nothing in these Terms and Conditions shall limit or exclude the Auctioneer's liability:

(a) for death or personal injury caused by its negligence;

(b) for fraud or fraudulent misrepresentation; or

24.B. Consumers

If you are a Consumer:

(a) if the Auctioneer fails to comply with these Terms and Conditions, it shall be responsible only for loss or damage which is a foreseeable result of its breach of these Terms or its failure to exercise reasonable care and skill; and

(b) the Auctioneer shall not be liable for any loss or damage which is not reasonably foreseeable.

Nothing in this clause affects your statutory rights.

24.C Trade Users

If you are acting in the course of a business, trade, profession or commercial activity:

(a) except as expressly stated in these Terms and Conditions, all warranties, representations, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law;

(b) the Auctioneer shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, for any:

loss of profits;
loss of business;
loss of revenue;
loss of opportunity;
loss of anticipated savings;
depletion of goodwill;
loss of investment value;
future appreciation;
pure economic loss; or
any indirect, special or consequential loss or damage.

(c) Subject to Clause 24.A, the Auctioneer's total aggregate liability arising out of or in connection with any Lot or transaction shall not exceed the total fees, commission and Buyer's Premium actually paid to and retained by the Auctioneer in respect of the relevant Lot.

24.D Reliance

Catalogue descriptions, valuations, estimates, dating opinions, authenticity opinions, condition reports and all other information supplied by the Auctioneer are provided in good faith and for guidance only. Buyers and Sellers acknowledge that they must rely upon their own judgement and due diligence when participating in an auction, and the Auctioneer shall not be liable for any investment decision or commercial decision made in reliance upon such information except where liability cannot lawfully be excluded.

25. General Provisions

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.

Any failure or delay by Whisky-Online Auctions to exercise any right or remedy shall not constitute a waiver of that right or remedy.

These Terms constitute the entire agreement between the parties in relation to the matters covered herein.

Whisky-Online Auctions reserves the right to amend these Terms and Conditions from time to time. The version published on the website at the time of bidding, consigning or purchasing shall apply.

25A. Complaints and Disputes

Whisky-Online Auctions is committed to resolving complaints and disputes fairly and promptly.

Any complaint, dispute or claim relating to a Lot, auction, consignment, purchase, payment, delivery or any other matter connected with Whisky-Online Auctions must be submitted in writing and include all relevant information, supporting evidence and documentation available to the complainant.

The parties shall use reasonable efforts to resolve any dispute through good-faith discussions before commencing legal proceedings.

Whisky-Online Auctions reserves the right to investigate any complaint or dispute and may request additional information, photographs, documentation, expert opinions or other evidence before reaching a decision.

Where a complaint concerns a Lot, the Buyer must retain the Lot in the condition received and must not open, alter, consume, repair, modify, re-sell or otherwise dispose of the Lot whilst the matter is under investigation.

Whisky-Online Auctions may reject complaints that are unsupported by evidence, submitted after unreasonable delay, based solely upon opinion, hearsay, internet commentary, social media content or information from unverified third parties.

Nothing in this clause shall affect any statutory rights that cannot legally be excluded or restricted.

Any dispute that cannot be resolved amicably shall be subject to Clause 28 (Governing Law and Jurisdiction).

26. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

Any dispute arising from the use of Whisky-Online Auctions, any auction, consignment, purchase, sale or transaction conducted through the platform shall be subject to the exclusive jurisdiction of the courts of England and Wales.