JUST WHISKY LIMITED TERMS & CONDITIONS
In accessing this website you are deemed to have read and agreed to the following terms and conditions:
"Client","You" and "Yours" refers to you, the individual accessing this website and accepting Just Whisky Limited's Terms and Conditions.
"The Company","Ourselves","We", and "Us" refers to Just Whisky Limited.
"The Buyer" is the person who has successfully bid on a Lot.
"The Seller" is the person who offers the Lot for sale.
"Lot" means any bottle of whisky, miniature, decanter or whisky-related item consigned to us with a view to its sale by auction online. Miniatures from the same Seller shall be deemed to be a "Lot" for the purposes of these Terms and Conditions.
Where a Seller wishes two or more items to be sold together then these shall also be deemed to be a "Lot" for the purposes of these Terms and Conditions.
Where a Seller wishes two or more items to be sold separately these shall be deemed to be separate "Lots" for the purposes of these Terms and Conditions.
Client records shall be held by us in confidence and shall not be divulged to any third-party other than if legally required to do so by the appropriate authorities.
Clients shall have the right to request sight of and copies of any and all client records pertaining to them and kept by us by giving us notice in writing and we undertake to comply with any such notice within 7 business days from receipt of such request.
We shall not sell, share or otherwise provide any third-party with information personal to you or use your e-mail address for mail other than to inform you of upcoming auctions or Just Whisky Limited-related business.
We are selling the Lot on your behalf as your agent and you hereby undertake to us that:
(i) you are the legal owner of the Lot 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 Lot to sell it;
(ii) you sell the Lot with full title guaranteed free from all liens, charges, encumbrances or third-party claims;
(iii) you have notified us in writing of any material alteration to the Lot 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 Lot) in relation to the Lot, 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 Lot is aware or possesses;
(iv) unless you notify us in writing to the contrary at the time the Lot is 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 Lot provided by you or on your behalf.
(v) by selling one or more Lots on the auction you declare that you are not registered or required to be registered for Value Added Tax and that the goods consigned to Just Whisky Limited are to be sold at auction on the seller's behalf.
(vi) If you are a successful seller, payment will not be processed until the highest bidder has paid us, has received their lot(s) and is satisfied that our descriptions were accurate.
(3) INDEMNITIES GIVEN BY THE SELLER
You agree to indemnify us against all claims, proceedings, liabilities, costs, expenses or losses arising from:
(i) any actual or alleged breach of any undertaking or obligation by you to us, whether by act or omission or otherwise;
(ii) any injury, loss or damage caused to any person by you;
(iii) our exercising any of our rights, powers and /or duties in terms of this Agreement;
(iv) our receiving or recovering ( or seeking to recover where you have authorised us to do so) any successful bid price obtained;
(v) your fraud and our exercising any of our rights or powers in the event of fraud;
(vi) any error, misdescription or omission in any description of the Lot so long as it was not caused by a breach of our duty to you under this Agreement to exercise reasonable care and skill.
(4) DELIVERY, RESPONSIBILITY FOR THE LOT, STORAGE AND RE-COLLECTION
(i) unless otherwise agreed with you, you will deliver the Lot at your expense into our custody at the place and time we intimate to you;
(ii) should you have any special requirements and precautions reasonably required by you for the Lot's storage, you will be required to pay any such additional costs which may be incurred as a consequence of such requirements.
If we deem your requirements to be unreasonable ( and we shall be the sole judge of what constitutes "unreasonable") we may refuse to accept the Lot and terminate this agreement forthwith.
Any additional costs previously incurred by us shall be paid by you.
RESPONSIBILITY FOR THE LOT
(i) we accept responsibility to you for any damage, loss or destruction of the Lot whilst said Lot is in our custody (whether or not caused by our negligence but excluding damage, loss or destruction caused directly or indirectly by terrorism)
(ii) appropriate insurances are in place to cover our legal responsibilities.
(i) we shall owe you a duty of care whilst we continue to have custody and until title to the Lot passes to the Buyer in course of our business.
(i) should a Lot be withdrawn by you, or we give you notice of our refusal to sell the Lot in terms hereinafter mentioned, you are required to remove the Lot at your own expense within 7 business days after the date of any withdrawal or of our notice to you of our refusal to sell the Lot;
(ii) if the Lot remains unsold at auction, we may give you not less than 7 business days’ notice to remove the Lot and you must then remove said Lot at your own expense within said period unless you give us fresh instructions to re-sell the Lot at the next available auction;
(iii) if you give us notice terminating our authority to sell the Lot you must remove the Lot at your expense within 7 business days of any such notice;
(iv) before removing the Lot, you shall pay to us any sums due;
(v)failure to remove the Lot under any of the aforementioned circumstances shall incur a storage charge as determined by us until collection.
(5) WITHDRAWAL BY THE SELLER
(i) the Seller may by notification in writing at any time but not less than 24 hours prior to the start of any auction revoke our mandate to sell the Lot.
This may be made by e-mail to firstname.lastname@example.org
We reserve the right to levy a charge of £6 (+VAT) to cover any administrative expenses should you so withdraw any Lot.
(6) OUR RIGHT TO REFUSE TO SELL
If we have reasonable cause for believing that:
(i) any information concerning the Lot given to us by you or on your behalf is inaccurate or misleading in any material respect; or
(ii) the Lot is a forgery,
We may refuse to sell the Lot in question.
Under such circumstances, you shall remain liable to us for any expenses incurred by us, including storage charges.
(7) SELLER NOT TO BID
The Seller is expressly forbidden to bid on their own Lot. Any Lot found to have been subject to such actings shall be withdrawn from auction forthwith and any costs or expenses incurred by us shall be payable by the Seller.
(8) DESCRIPTION OF THE LOT
Any descriptions, estimates or opinions given by us or on our behalf shall be honestly given, using such care and skill as is reasonable having regard to any visual examination together with any information given to us by the Seller.
Any Lot sold to a buyer is provided on an "as is" basis. The winning bidder will receive only what is photographed and displayed in the product photography. By bidding on an item you agree to buy the product displayed in the photographs. Any product or service is provided "as is" without express or implied warranty.
(9) OBLIGATIONS OF THE BUYER
(i) upon a successful bid for any Lot, the Buyer shall comply with the provisions hereinafter mentioned in regard to settlement of the successful bid price together with all ancillary charges concerning commission payment, storage charges (if applicable) and delivery charges.
(ii) in the event that the Buyer fails to comply with these contractual conditions, we reserve the right to terminate the contract and to offer the Lot for sale at any subsequent auction.
(iii) upon a successful bid for any Lot the Buyer shal arrange to have the Lot removed from our Premises within 30 days. Failure to do this without alternative written arrangements with Just Whisky Limited will result in a storage charge being applied to each lot stored at Just Whisky Limited. The storage charge is £1 per Lot per day.
(i) payment shall be made in pounds sterling;
(ii-a) we shall charge the Seller 6% commission (including VAT if applicable) on the final winning price of each Lot sold (if more than one) together with an additional charge of £6 (Includes VAT where applicable) per Lot if a reserve price has been requested. An entry fee of £3.60 (Including VAT if application shall be payable by the Seller for all Lots. Additional banking fee's (for example fees incurred during International transfers shall be deducted from payments due to the seller).
(ii-b) for lots containing no more than one individual item where the hammer price meets or exceeds £1,500.00 the seller's commission is 0%.
(ii-c) An entry fee of £3.60 which includes VAT where applicable will apply to all Lots.
(ii-d) The entry of group lots shall be at the sole discretion of Just Whisky Limited Managment.
(iii) VAT will be chargeable as appropriate;
(iv) Buyers shall pay the final winning bid price for each Lot together with 12% flat rate commission (including VAT where applicable) on said bid price.
(v) Buyers may pay by all major credit/debit cards, BACS transfer (UK Only), or cash;
(vi) International Banking transfers may attract an additional fee which will be advised where so applicable;
(vii) cleared payment must be made by the Buyer within 7 business days from the date the auction ends.
Failure to do so (unless previous arrangements have been agreed with us) will result in the cancellation of the contract and the Lot may then be offered for sale at any future auction with consent of the Seller.
We may, at our absolute discretion and with the Seller's consent, offer the Lot to the second-highest bidder;
(viii) until the Buyer has paid all monies due, the Lot shall remain the property of Just Whisky Limited.
(ix) any monies which remain outstanding for whatever reason by the due date shall incur late payment chargeable at the rate of 5% (+VAT);
(x) we reserve the right to seek recovery of any monies remaining unpaid 60 days from the date of any invoice via Collection Agencies and /or through the Civil Courts;
(xi) on completion of the sale of any Lot, we shall process the transaction on settlement of the final price paid by the Buyer, the Buyer has received the Lot and is satisfied that the description of the Lot was entirely accurate.
SELLERS SHOULD BE AWARE THAT IT CAN TAKE UP TO 21 BUSINESS DAYS BEFORE PAYMENT IS COMPLETED.
(XII) in the event of a dispute arising over the provenance or authenticity of any Lot,if it cannot be proved beyond reasonable doubt to be genuine ( and we shall be the sole judge as to authenticity and our decision shall be final) the Lot will be returned to the Seller and no monies will be due to either party.
(11) DELIVERY TO BUYER
We undertake to use our best efforts to have the successful Lot delivered to the address given by the Buyer and that all such deliveries shall be by a reputable courier of our choosing and must be signed for at the Buyer's end.
Any Buyer who seeks re-direction may make such arrangements with us for which an additional charge will be made.
Where a delivery is made to a successful Buyer residing outwith the UK, the Buyer shall be responsible for any Customs charges or duties arising.
The Buyer shall also be responsible for ensuring that the Customs laws and regulations pertaining to their particular jurisdiction allow the importation of any Lot and shall be responsible for complying with all such Customs laws and regulations in relation thereto.
Just Whisky Limited shall not be liable for any breach of non-UK Customs laws and regulations which may occur.
Just Whisky Limited will take all reasonable steps to suitable packaging will be used to courier any Lot but will not be responsible for any breakages or damage to any such Lot whilst in transit.
(12) EXCLUSIONS AND LIMITATIONS
To the fullest extent permitted by law we hereby exclude all representations and warranties relating to our website and its contents or which is or may be provided by any affiliates or any other third-party, including in relation to any inaccuracies or omissions in this website and/or our literature.
We shall have no liability for damages arising out of or in connection with your use of our website. This includes, without limitation,direct loss, loss of business or profits (whether or not the loss of such profits was forseeable, arose in the normal course of business or your having advised us of the possibility of such potential loss), damage caused to your hardware, software, systems or programmes including any data thereon or any other direct or indirect, consequential or incidental damage.
These exclusions and limitations apply only to the extent permitted by law.None of your statutory rights as a consumer are affected.
There may be instances where the website will be unavailable due to system downtime or server errors. In these instances we reserve the right to extend the auction to a future date without notice. We will be unable to honour winning bids during the event of a system crash or failure.
Failure by either party to insist upon strict performance of any provisions of these terms and conditions or the failure of any party to exercise any right or remedy to which either party may be entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under these terms and conditions. No waiver of any of the provisions herein shall be effective unless expressly stated to be such and agreed by all the parties hereto.
(14) NOTIFICATION OF CHANGES
YOU ARE THEREFORE ADVISED TO RE-READ THIS STATEMENT EACH TIME YOU ACCESS OUR SITE.
Contact information can be found on our "Contact Us" link on our website.
Just Whisky Limited is a company registered in Scotland Company Number SC450151 whose Registered Office is situate at Unit 1, 15 Pitreavie Court, Dunfermline KY11 8UU.
(16) FORCE MAJEURE
Neither party shall be liable to the other for any failure to perform any obligation under these terms and conditions which is due to an event beyond the control of any such party including, but not limited to, an Act of God, terrorism, war, political insurgency, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of any party's control, which results in the termination of these terms and conditions, nor which could have been reasonably foreseen.
Any party affected by any such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with these terms and conditions.
Copyright and other relevant intellectual property rights exist on all text relating to Just Whisky Limited's services and the full content of its website.
You may download, electronically copy or print any of the contents of our website provided you use these for personal and not commercial use.
No right, title or interest in any of the contents of our website shall be in any way whatsoever transferred to you as a result of your gaining access to our website, downloading, electronically copying, printing or attaching these contents by e-mail.
(18) GOVERNING LAW
The Laws of Scotland shall govern these terms and conditions. By accessing our website, using or purchasing our services you shall be deemed to have accepted said terms and conditions and in so doing you consent to the exclusive jurisdiction of the Scottish Courts.
In the event that any of these terms and conditions are deemed invalid or unenforceable for any reason ( including, but not limited to the exclusions and limitations hereinbefore referred to) then the invalid or unenforceable provision will be severed from these terms and the remaining terms shall continue to apply.
Our failure to enforce any of the provisions set out herein, or failure to exercise any option to terminate, shall not be construed as waiver of any such provision and shall not affect the validity of these terms and conditions or of any part thereof, or the right thereafter to enforce each and every provision.
You shall be solely responsible for evaluating the fitness for a particular purpose of any downloads, programmes, photographs and text available through our website. Re-distribution or re-publication of any part of our website or its content shall be prohibited, including framing or other similar means without our express written consent.
We do not warrant that the service from our website will at all times be uninterrupted, timely or error-free but we shall use our best endeavours to meet acceptable service standards.
The user of our service will therefore indemnify us, our employees, agents and affiliates against any loss or damage in whatever manner and howsoever caused.
(20) INTERNET STATISTIC COLLECTION
We use IP addresses to analyse trends, administer the website, track user movement and gather broad demographic information for aggregate use. IP addresses are not linked to personally-identifiable information.
In addition, for systems administration, detecting usage patterns and for trouble-shooting purposes, our web servers shall automatically log standard access information including browser types, access times/open mail, URL requests and referral URL.
This information shall not be shared with third-parties and will only be used within Just Whisky Limited.
(22) LINKS TO THIS WEBSITE
You are prohibited from creating a link to any page of our website without our prior written consent.
Subject to such consent being obtained, you may do so at your own risk and the exclusions and limitations hereinbefore referred to shall apply to your use of our website by linking to it.
(23) LINKS FROM THIS WEBSITE
We do not monitor or review the content of other parties' websites which a user may link from our website.
Should you do so, we shall not accept responsibility for any subsequent loss or damage, howsoever caused.
(24) BIDDING CONDITIONS
To bid on any Lot listed on our website you will need to be a "Registered User".
To do so, click the "LOGIN" link at the top of the page.
A one off fee of £5.00 is payable to register on our website and can be paid by credit / debit card. This payment is non-refundable.
A Registered User may then click on "Auctions" to view all available Lots.
To bid on any Lot the Bidder requires to place a monetary bid in the field provided.
If the Bidder wishes to enter a maximum bid in respect of any Lot this should be done at the same time in the field provided.
In such a case, our system will automatically bid the lowest bid possible to secure that Lot at that point in time.
For example, if a Lot bid currently stands at £100 and a Bidder enters a maximum bid of £250, our system will bid for you against subsequent Bidders up until your maximum bid is reached.
A Bidder may increase their bid at any time until the auction ends. Increasing your bid while a lot is under the reserve price will bring the price up until your maximum bid.
Bidders should be aware that we discourage the use of sniping software.
However, in the interests of fairness, should any bids placed in the last 5 minutes for any Lot be made, then this will extend the end time on that particular Lot by 15 minutes.
(25) BIDDING INCREMENTS
We have a bidding increment system in place which means that each Lot has to be increased by a minimum amount. You can view the required bid increment amount next to the bid field.
The minimum bid will increase if YOUR BID will take the price into the next bid increment zone. There is a minimum bid, but you can bid any figure you like above this amount.
Example 1: If Bottle A is currently at £5.00 you will be required to bid at least £7.50.
Example 2: If Bottle B is currently at £500.00 you will be required to bid at least £510.00
Example 3: If Bottle C is currently at £1,500.00 you will be required to bid at least £1,525.00
On lots where the next bid will be between £0.00 to £49.99 the minimum bid is £2.50
On lots where the next bid will be between £50.00 to £499.99 the minimum bid is £5.00
On lots where the next bid will be between £500.00 to £1499.00 the minimum bid is £10.00
On lots where the next bid will be over £1500.00 the minimum bid is £25.00
You will be notified automatically by e-mail if your bid has been successful. This information will also be available in the Account section of our website.
Once a bid is placed it cannot be retracted.
Bidders are responsible for ensuring that they have sufficient funds available to cover any bid.
(26) STARTING BIDS AND RESERVES
The "Starting Bid" is the opening bid price for any Lot as shall have been previously agreed between ourselves and the Seller of the Lot.
At the start of any auction bidders must place a bid at, or higher, than the Starting Bid. Unless otherwise indicated, a Lot may carry a "Reserve" which is the minimum purchase price a Seller is willing to accept for that Lot. This figure will not be seen by any bidder or registered user.
Until a Reserve has been met, the listing will state "Reserve Not Met". When a bid is made on a Lot with a Reserve, if the maximum bid meets or exceeds that Reserve then the current bid will automatically increase to meet that Reserve price.
For example, if a Lot has a Reserve of £200, and Bidder A bids £20 then the current bid will stay at £20 and will display "Reserve Not Met". If Bidder B places a bid for the same Lot for £300, the current bid will then increase to £200 ( i.e. the amount of the Reserve) and the Reserve will have been met.
If no other bids are forthcoming then Bidder B shall be deemed to have won the Lot at a concluding price of £200.
(i)We recognise your right to privacy. Any information we do collect about you in the course of normal business trading, shall remain private to us and shall be held in accordance with the provisions of the Data Protection Act 1998.
Our website (www.justwhiskyauctions.co.uk and www.just-whisky.co.uk) may require you to sign in and/or to create an account personal to you. Such information (which may include, inter alia, your name, address and e-mail address) shall not be shared with any individual or organisation out-with ourselves unless you have previously authorised us to do so or if we are legally-obliged to do so by the appropriate authorities.
(ii) We shall not hold any credit/debit card records for users of our website. When you purchase at auction using any such charge card, you will be re-directed to a secure third-party website which handles all our transactions. Your charge card information will never be seen by us.
(iii) we collect and analyse information from users of our website. Information tracked may include your internet address and which particular pages within our website you have visited.
Personal information, such as your name and e-mail address is not stored during this process.
By entering our website you agree to allow us to collect this information concerning your use thereof.
(iv) We may, from time to time, send e-mail notices concerning new services or information to those users who have registered with us.
Should you wish at any time to be excluded from such mailings you may send an e-mail message to email@example.com requesting that you be dropped from future e-mail distributions.
You may also at any time request that the information we hold concerning you and held in our database be removed by sending an e-mail to us at the above internet address.
Following any such removal, certain parts of our website may no longer be available to you.
Users can also request copies of all information we may hold on themselves by sending a letter of request to the address as outlined below.
Just Whisky Limited
Unit 1, Pitreavie Court
Dunfermline, Fife, KY11 8UU. Scotland
© Just Whisky Limited 2013 All Rights reserved.
A Company registered in Scotland Company Number SC450151