Terms & Conditions
Last updated - January 2024
GENERAL TERMS
1 Introduction
1.1 In registering to this Website, and specifically by participating as a Buyer or Seller in any auction run by this Website, You are deemed to have read and agreed to the following Terms.
1.2 Whisky Hammer Ltd ("Whisky Hammer") is a company registered in Scotland with the following details:
1.2.1 Company number: SC512144
1.2.2 VAT Registration number: GB222117067
1.2.3 Address: Whisky Hammer, Udny, Ellon, AB41 7PR
1.3 Questions about these Terms should be sent to Us at [email protected].
1.4 We may amend these Terms from time to time without notice and at Our sole discretion. You should review these Terms and Conditions at regular intervals.
1.5 Definitions used in these Terms:
1.5.1 “Website” refers to www.whiskyhammer.com – the online auction platform operating on behalf of Whisky Hammer Ltd, as an Undisclosed Agent (as defined under S47 of VAT Act 1994) to the Buyer and the Seller.
1.5.2 "You", "Your", "Buyer", "Seller", "User" and "Yours" refers to you, the person registering to use the Website and accepting Our Terms.
1.5.3 "We", "Our", "Whisky Hammer" and "Us" refers to Whisky Hammer.
1.5.4 "Lot", “Listing”, "Item" or "Items" means any bottle(s) of whisky, whisky related item(s) or any other item(s) consigned to Us with a view to its/their sale by auction online, sold by the Seller and won/purchased by the Buyer.
1.5.5 "Legal Age" means at least eighteen (18) years old in the United Kingdom, or such other minimum age as may apply in any other jurisdiction for the lawful purchase of alcohol.
1.6 Any use of the above terminology or other words in the singular, plural, (non-)capitalisation, and/or, he/she are taken as interchangeable and therefore as referring to the same.
2 Website registration
2.1 In order to place a bid on any Item, or to register Items to sell at auction, You must register as a User to Our Website
2.2 To register to Our Website, You will be asked to make a one-off payment of £5 plus VAT to verify your registration.
2.3 By accessing Our Website, and/or in registering to use this Website, as a Buyer or Seller, You confirm that You meet the minimum Legal Age for purchasing alcoholic beverages in your country of residence.
2.4 All persons registered will be expected to keep their account details strictly confidential at all times. Third parties may not use or access Your account on Your behalf, or for their own interests.
3 Personal information
3.1 To find out how we use your personal information please see our Privacy Notice.
4 Confidentiality
4.1 Records of Buyers and Sellers in relation to Lots 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.
4.2 Buyers and Sellers shall have the right to request sight of and copies of any and all records pertaining to them and kept by Us by giving Us notice in writing. We adhere to undertake to comply with any such notice within a reasonable timeframe.
5 Errors, inaccuracies and omissions
5.1 Occasionally there may be information on Our Website that contains typographical errors, inaccuracies or omissions that may relate to Item descriptions, pricing, promotions, offers, Item shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on Our Website is inaccurate at any time without prior notice (including after You have submitted Your order).
5.2 We undertake no obligation to update, amend or clarify information on Our Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on Our Website, should be taken to indicate that all information on Our Website has been modified or updated.
6 Force Majeure
6.1 We shall not be in breach of these Terms or otherwise liable for any failure or delay in the performance of our obligations if such delay or failure results from events, circumstances or causes beyond our reasonable control and we have told you about that.
7 Liability
7.1 Nothing in these Terms limits liability which cannot legally be limited, including liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; and breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
7.2 We are responsible to you for foreseeable loss and damage caused by Us. If we fail to comply with these Terms, we are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this contract or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and You knew it might happen, for example, if you discussed it with us during the auction process. We are not responsible for any loss if it is:
7.2.1 caused by a delaying event outside our control;
7.2.2 something you could have avoided by taking reasonable action; or
7.2.3 if you are a consumer, is a business loss.
7.3 If You are a business Buyer or Seller
7.3.1 We will not be liable to You, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for: loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of use or corruption of software, data or information; loss of or damage to goodwill; and any indirect or consequential loss.
7.3.2 Subject to section 7.1, Our total liability to You arising under or in connection with these Terms, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, will be limited to either (i) the amount paid by You as a Buyer in relation to an Item, or (ii) the lower of the reserve price or valuation of Your Item as a Seller.
8 Other important terms
8.1 We may transfer this agreement to someone else. We may transfer Our rights and obligations under these Terms to another organisation.
8.2 Nobody else has any rights under this contract. This contract is between You and us. No other person shall have any rights to enforce any of its Terms.
8.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
8.4 Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these Terms, or if We delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. For example, if You miss a payment and We do not chase You but We continue to provide the Items, We can still require You to make the payment at a later date.
8.5 Complaints. If you are unhappy or have a complaint, please contact out customer service team at [email protected].
8.6 Which laws apply to this contract and where You may bring legal proceedings if You are an individual consumer. These Terms are governed by Scots law and You can bring legal proceedings in respect of the Items in the Scottish courts. If You live in England You can bring legal proceedings in respect of the Items in either the English or the Scottish courts. If You live in Northern Ireland You can bring legal proceedings in respect of the Items in either the Northern Irish or the English courts.
8.7 Which laws apply to this contract and where You may bring legal proceedings if You are a business Buyer or Seller. These Terms are governed by Scots law and the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms.
SELLER TERMS
9 Introduction
9.1 Where a Seller wishes to enter two or more Items into a single auction and for them to be sold together to a single Buyer, these shall be deemed to be a "Lot" for the purposes of these Terms.
9.2 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.
10 Seller requirements
10.1 Any alcohol may only be sold by persons who are the Legal Age.
10.2 Sellers must be private non-VAT registered individuals. If You are selling as a VAT-registered business, please get in touch so that We can arrange the correct VAT treatment for Your goods.
10.3. Sellers with calendar year hammer price proceeds in excess of €2,000+, or that sell 30+ lots within a calendar year must comply with Clause 11 in sharing required information with us. Failure to do so may result in a delay to payment of auction proceeds.
11 DAC7 / Platform Operators Obligations (only applicable to sellers achieving an annual hammer price of €2,000+ OR selling 30+ lots within a calendar year)
11.1 Whisky Hammer Ltd is legally obliged to collect, verify and report certain data of some sellers to EU and UK tax authorities under i) DAC7 (EU Directive (EU 2021/514)); and ii) The Platform Operators (Due Diligence And Reporting Requirements) Regulations 2023.
11.2 Please note, these requirements are reporting obligations for digital platform operators aimed to improve transparency and do not introduce any new tax obligations for sellers. For advice on your personal tax affairs we would recommend consulting with a professional tax advisor.
11.3 For EU Residents – We are obliged to collect, verify and report certain data of some sellers to EU tax authorities under DAC7 (EU Directive EU 2021/514) in January 2024 for calendar year 1st January 2023 – 31st December 2023. From January 2025 we will report annually to UK HMRC in line with clause 11.4.
11.3.1 If you reside in the EU and you sell either i) 30 or more bottles; or ii) your auction sales result in a total hammer price of EUR2,000+ in the calendar year 2023, we are required to share details of the total sales proceeds credited to you during each quarter and the number of sales for each period, any commissions or taxes withheld by Whisky Hammer and the Financial (Bank) Account Identifier as well as the following information, to EU tax authorities:
11.3.2 For Private Individual Sellers:
· First and Last Name
· Primary Residence Address
· Tax Identification Number (TIN) OR place and country of birth
· Date of Birth
11.3.3 For Entities:
· Legal Company Name
· Registered Business Address
· Tax Identification Number (TIN), including each Member State of issuance
· VAT number, where available
· Business Registration Number
· Details of existence of a permanent establishment (PE) in the EU
11.4 For All Sellers (Including EU Residents) – From 1st January 2024 we are obliged to collect, verify and report certain data of some sellers to UK tax authorities (HMRC) under The Platform Operators (Due Diligence And Reporting Requirements) Regulations 2023.
11.4.1 If you sell either i) 30 or more bottles; or ii) your auction sales result in a total hammer price of EUR2,000+ in a calendar year, we are required to share details of the total sales proceeds credited to you during each quarter and the number of sales for each period, any commissions or taxes withheld by Whisky Hammer and the Financial (Bank) Account Identifier as well as the following information, to UK tax authorities (HMRC):
11.4.2 For Private Individual Sellers:
· First and Last Name
· Primary Residence Address
· Tax Identification Number (TIN) OR place and country of birth
· Date of Birth
11.4.3 For Entities:
· Leal Company Name
· Registered Business Address
· Tax Identification Number (TIN), including each Member State of issuance
· VAT number, where available
· Business Registration Number
· Details of existence of a permanent establishment (PE) in the EU
11.5 Data is to be shared with EU / UK tax authorities annually for the preceding calendar year, i.e. 2024 data will be submitted by 31st January 2025 and so on.
11.6 We will provide sellers with an annual summary detailing the data that we have submitted to the tax authorities (where applicable) as part of our legal obligations.
11.7 Any data collected will be securely stored and processed by us only as required for compliance and to fulfil our legal obligations. You can view our full Privacy Policy here.
12 Authenticity of bottles sold at auction
12.1 By registering with Whisky Hammer You agree that any Items You decide to register to sell with Us at auction are authentic. We reserve the right to enquire with specialists in order to verify authenticity of bottles after registration.
12.2 Without any liability whatsoever to Whisky Hammer, if, in Our reasonable opinion, there is any doubt about the authenticity of a bottle, it will not be offered for auction. Upon such occurrence, it will be returned to the Seller at the Seller’s expense. If We consider an Item to be counterfeit or illegitimate to that described by the Seller, Whisky Hammer reserve the right to reject and dispose of any Item. A charge of £10 will be made for the appropriate removal and destruction. Whisky Hammer will not accept liability for claims against counterfeit bottles sold in auction.
12.3 Whisky Hammer reserves the right to ban any User from future use of the Website and/or Our services, where it is considered that the User has attempted to sell non-authentic goods on Our Website.
13 Auction fees and starting bids
13.1 The fees and charges that apply to Sellers are as follows:
13.1.1 Seller's listing fee payable to Whisky Hammer is £6.00 (+VAT) per bottle (note multiple bottle lots will be charged appropriately).
13.1.2 Where a Lot is successfully sold to a Buyer, the Seller's Commission payable to Whisky Hammer shall be 0% (from April 2024) of the final hammer price in any auction unless otherwise advertised on the Whisky Hammer home page in a period of promotion.
13.1.3 Seller's optional reserve fee payable to Whisky Hammer is £10.00 (+VAT) per Lot. See section 5 for more information.
13.2 Whisky Hammer reserves the right to update or change any commission rates and fees as it may in its sole discretion deem fit.
13.3 The minimum level a reserve price can be set at is £150.
13.4 All Lots will start at a minimum opening asking bid of £20.
13.5 All delivery costs associated with delivering Items registered for auction from the Seller to Whisky Hammer are at the expense of the Seller.
13.6 Please note:
13.6.1 whisky memorabilia is not accepted as individual Lots;
13.6.2 We do not currently offer any special commission or shipping rates for auctioning whisky miniatures, unless otherwise explained in the Lot description; and
13.6.3 We do not accept Cask Ends, Bell's Decanters or cream liqueurs for auction.
14 Reserves
14.1 Placing a reserve price on any Lot is optional, and will incur an additional charge of £10.00 (+VAT) per Item. A reserve price will ensure that Your Lot will remain unsold, unless the highest bid at the end of the auction is greater than or equal to Your selected reserve price.
14.2 Reserve prices will be kept private from Users viewing the Lot.
14.3 In order to give Lots with reserve prices the best chance of being sold, any Items with a reserve price not met at the auction end will continue to be available for bids until the extended auction timer ends (i.e. until all Lots have ended taking into account the anti-sniping auction timer extensions).
14.4 If any Reserve price is not met at the end of an auction, and the Lot remains unsold, Whisky Hammer will contact the Seller to arrange either to a) relist the unsold Lot in the subsequent Whisky Hammer auction, with the ability to change or remove reserve price OR b) return the Lot to the Seller.
14.5 If the Seller chooses to have their Lot returned to them in the event of a reserve price not being met and the Lot not being sold, all costs associated with returning the Lot to the Seller will be payable by the Seller to Whisky Hammer. If it is agreed that Whisky Hammer will return the Lot to the Seller:
14.5.1 The Seller acknowledges that Whisky Hammer will not take responsibility for any damage or loss caused during transportation of any bottle(s), with the exception of where it can be demonstrated that such loss has occurred as a direct result of negligence by employees or directors of Whisky Hammer Ltd; and
14.5.2 A mileage fee of £0.40 per mile from and to the Whisky Hammer headquarters at AB41 7PR may (at Our sole discretion) apply.
15 VAT
15.1 Whisky Hammer predominantly sells goods on behalf of non-VAT registered, private individuals residing in the UK. In this scenario the Lots are sold using the Auctioneers' Margin Scheme for VAT, meaning VAT is applicable to all fees but not applicable to the hammer price of any Lot sold under auction.
15.2 By registering goods for sale on Our Website, You are confirming that You are selling as a private, non VAT registered individual.
15.3 If You are selling goods as a non-UK resident, or as a UK VAT-registered business, the Auctioneers' Scheme for VAT cannot apply and therefore We will apply the Standard VAT rules whereby VAT will be added to the Hammer Prices shown for applicable Lots. In this scenario, if the eventual buyer is a UK resident, We will add VAT at the then applicable UK rate at checkout to the hammer price, and associated fees. If the eventual buyer is a non-UK resident, no VAT will be added at checkout (i.e. VAT is added at 0% as the goods are exported out with the UK).
15.4 If You are a UK VAT-registered business selling goods using the Margin Scheme (i.e. You have not reclaimed VAT on purchase) - please get in touch and We can arrange to sell these Lots using the Margin Scheme (similar to the Auctioneers' Scheme for VAT).
16 Seller's responsibilities
16.1 The Seller should ensure that the relevant insurance cover is provided until the Items reach us.
16.2 In order to guarantee that bottles are entered into an upcoming auction, sellers must ensure the bottles are within the premises of Whisky Hammer on or before the bottle cut-off date advertised on the Website for each particular auction. Whisky Hammer retain the right to accept bottles after the bottle cut-off date, depending on the time available for staff to finalise auction preparations.
16.3 We are selling the Lot on Your behalf as Your Undisclosed Agent (as defined under S47 of VAT Act 1994) and You hereby undertake and confirm to Us that:
16.3.1 You are the legal owner of the Items to be sold at auction, or if You are not the owner (whether or not You have notified Us that You are acting as an agent for a disclosed or undisclosed principal) that You are duly authorised by the de facto owner of the Items to sell them;
16.3.2 You have full title to and ownership of the Items free from all liens, charges, encumbrances or third-party claims;
16.3.3 You have told Us in writing of any material alteration to the Item and have provided Us accurately with all information (including any concerns expressed by third-parties relating to the authorship, attribution, condition, provenance, authenticity, age, suitability, quality and origin of the Items) in relation to the Items, or any description of it, of which You are aware or which is in Your possession or of which any principal for whom You act in relation to the Items is aware or possesses;
16.3.4 unless You tell Us in writing to the contrary at the time the Item(s) is/are delivered to us, there are no restrictions (whether copyright or otherwise) affecting the Lot, or which would prevent Us reproducing any photographs or any text of any information or description of, about or relating to the Items provided by You or on Your behalf;
16.3.5 all information submitted with the Items is accurate and truthful;
16.3.6 You are aware that the goods will be sold under the Auctioneers' Scheme for VAT;
16.3.7 You are an eligible Seller (not VAT registered) selling eligible goods as defined under the Auctioneers' Scheme for VAT (otherwise please get in touch so that We can arrange the correct VAT treatment for Your goods); and
16.3.8 If You have sent the Items to Us from out with the UK, You have fully declared the value of the goods meaning that the correct, accurate level of UK customs/duties and VAT payments have been made upon entry of the Items into the UK.
16.4 You acknowledge that where the Buyer is a consumer, the Buyer is entitled under consumer laws to change their mind and cancel the purchase within 14 days of receipt of the Item.
17 Seller's payment obligations
17.1 Any payments incurred by Whisky Hammer in respect of UK customs/duties payments arising from Items entering the UK from a Seller located outwith the UK will be charged back to the Seller as a deduction from the final proceeds due to the Seller.
17.2 In the event of Whisky Hammer refusing to accept Items to sell at auction in line with these Terms, the Seller shall remain liable to Us for any expenses incurred by us, including storage charges of £2 per day per Item for such time that said Lot was held by Whisky Hammer.
17.3 Sellers may not bid on their own Items and/or have relatives and/or friends artificially increase an Item’s value. Whisky Hammer reserves the right to cancel any auction whereby illegal bidding is considered to have taken place. In this scenario, Whisky Hammer reserve the right to charge a further administration charge of £30 to any Items that are cancelled and return to the Seller as a result of illegal bidding. All costs of returning the Items to the Seller will also be payable by the Seller to Whisky Hammer in the event of Items returned to the Seller.
18 Whisky Hammer's rights
18.1 Whisky Hammer reserves the right to prepare the Lot description and upload photographs captured by Whisky Hammer employees or directors.
18.2 Whisky Hammer reserves the right to refuse to accept any lots to sell at auction.
18.3 Following the release of any special, limited edition, bottles, Whisky Hammer reserves the right to only accept 1 bottle per customer per auction and to accept no more than 5 of any of the same bottles per auction from all Sellers. In this scenario, We would suggest and offer to the Seller to list these Items in the following auction.
19 Responsibility for the Lot
19.1 We accept responsibility to the Lot after it has been received by Whisky Hammer at Our premises in Ellon, Aberdeenshire. We are not liable for any damage, loss or destruction of the Lot while in transit to us.
19.2 We accept responsibility for any damage, loss or destruction of the Lot whilst said Lot has been received by Whisky Hammer at Our premises in Udny, Aberdeenshire, arising as a result of any act or omission (whether negligent or otherwise) by any employee or director of Whisky Hammer (excluding damage, loss or destruction caused by terrorism).
19.3 Appropriate insurances are in place to cover Our legal responsibilities.
19.4 Whisky Hammer reserves the right to take over ownership and dispose or re-sell any goods which remain within the premises of Whisky Hammer after a period of 3 months whereby the Buyer and/or Seller has not made arrangements to pay for or collect such goods.
20 Indemnities given by a business seller
20.1 Any business Seller agrees to indemnify Whisky Hammer against any and all claims, proceedings, liabilities, costs, expenses or losses incurred by Us arising from:
20.1.1 any actual or alleged breach of any undertaking or obligation by the Seller to Us or the Buyer, whether by act or omission (including negligent act or omission) or otherwise;
20.1.2 any personal injury (including death and disease), loss or damage caused to any person by an Item;
20.1.3 the exercising of any of Our rights, powers and/or duties permitted to Us by these Terms;
20.1.4 Our receiving or recovering (or seeking to recover where You have authorised Us to do so) or Our failure to recover (provided We have taken reasonable steps to do so) any successful bid price obtained;
20.1.5 Your fraud and Our exercising of any of Our rights or powers in the event of fraud;
20.1.6 any error, mis-description or omission in any description (whether negligent or otherwise) of the Lot by You; and
20.1.7 the accessing of the Website.
21 Payment to Sellers
21.1 If You are a successful Seller, We will not process Your payments until; 1) the Buyer has paid Us and 2) has received their Lots and is satisfied that Our descriptions were accurate.
21.2 Payments will begin as soon as possible and in any event we will ensure that Sellers are fully notified if payment is unlikely to be received by the Seller with 21 business days after the auction ending.
21.3 Payments from Whisky Hammer to the Seller can be made using direct bank transfer or via PayPal. Please note, payments through the SWIFT system attract a £15 charge. Any fees associated with receiving funds following the auction are borne by the Seller.
22 Seller cancellation
22.1 Any cancellation must be notified by the Seller at least 24 hours before the start time of the auction that the Lot was due to be made available in. Whisky Hammer reserves the right to charge an administration fee of £30 (+VAT) per Item for any cancellations. Note that all fees paid by the Seller are non-refundable in the event of a cancellation.
BUYER TERMS
23 Legal age
23.1 The registered person will be liable for all bids made using Your account.
23.2 Any alcohol may only be purchased by persons who meet the minimum Legal Age for purchasing alcoholic beverages in their country of residence . Any registered User who bids on Lots listed by Whisky Hammer agrees that any alcohol received as a Buyer will only be consumed by persons who are the Legal Age.
23.3 We reserve the right to ask first time Buyers for identification to prevent fraud and/or underage purchases.
24 Buyer's fees and charges
24.1 Should You be successful in winning a Lot at auction, the following charges will be payable for such Lot:
24.1.1 The final hammer price;
24.1.2 Buyer's Commission of 12.5% (from April 2024) of the final hammer price
24.2 For customers out with the UK, a payment surcharge of 3.5% will apply to payments made by credit card.
24.3 Prior to an auction going live, Whisky Hammer reserves the right to update or change any commission rates and fees as it may in its sole discretion deem fit.
24.4 All lots are bought and sold using the auctioneers' VAT margin scheme for VAT except where a Seller has informed us Whisky Hammer in writing that it is selling from a VAT registered business, in which case the lots may be sold as VAT Applicable lots.
24.5 VAT is applicable to all fees and delivery charges for UK Buyers but not applicable to the hammer price of any Lot. Whisky Hammer accounts for VAT using the auctioneers' VAT margin Scheme.
25 Online bidding process
25.1 You acknowledge that You are bidding in a live auction and agree that each bid submitted as provided in these Terms is irrevocable and cannot be amended or corrected. You accept all liability for bids submitted via Your account, including the liability to pay in full and on time in accordance with these Terms.
25.2 To place a bid, a registered User must enter their maximum bid into the box shown on any Lot page. Whisky Hammer will automatically bid on the Item on Your behalf, up to the maximum bid entered, by using the following incremental bidding rules:
|
Minimum next bid |
Increment |
|
£0 - £9.99 |
£1.00 |
|
£10 - £49.99 |
£2.50 |
|
£50 - £99.99 |
£5.00 |
|
£100 - £499 |
£10.00 |
|
£500 - £999 |
£20.00 |
|
£1000 - £2499 |
£25.00 |
|
£2500 - £4999 |
£50.00 |
|
£5000 - £24999 |
£100.00 |
|
£25000 - £49999 |
£250.00 |
|
£50000+ |
£500.00 |
25.3 The highest bid placed on any Item at the time of which the auction closes will be deemed the winning bid, assuming that such winning bid is greater than any optional reserve price that has been set on the Lot by the Seller. The Buyer will receive an email notification of any winning bid and whether it meets the reserve price if appropriate.
25.4 At the end of each auction, any bids placed on a Lot within the last 10 minutes of the auction timer will prolong the current auction of that Lot by a further 10 minutes. This is to ensure that ‘sniping software’ cannot be used on any of Our auctions.
25.5 Whisky Hammer reserve the right to extend the auction timer by any length at any point during the auction, and under any event, specifically if the Website is not accessible at the initially proposed auction end time.
25.6 Whisky Hammer reserves the right, to the fullest extent legally permissible, to reject any registration, reject any bid placed, alter reserves and to withdraw permissions for a User on Our Website.
25.7 Please note that Items offered for sale may contain damage in the form of tears, rips, stains, scratches, dents, rust and more on bottles and boxes. We attempt to highlight this damage within the lot description however if it is clearly visible within the images displayed the Buyer has been deemed to have seen this damage and has no claim or right to a refund.
26 Buyer payment responsibilities
26.1 After the auction has ended the Buyer must, through their User account, select their preferred shipping or collection option.
26.2 Payment must be made by the Buyer, in full, for the hammer price of Items purchased/won, including all fees and delivery charges advised within 3 days of the auction end date and time. Any monies owed to Whisky Hammer after this will incur late payment interest at a rate of 2% above the prevailing Bank of England's base rate on the outstanding balance until such time as the balance is paid in full and final settlement. After 3 days of the end of an auction, Whisky Hammer retains the right to cancel the contract of any unpaid Items, without any liability to the Buyer. Whisky Hammer also retains the right to re-sell unpaid Items, which are held as stock, in future auctions.
26.3 Whisky Hammer reserves the right to offer any Lot to the second-highest bidder in the event of a cancelled contract, subject to agreement with the Seller of said Lot.
26.4 An Item will be Your responsibility from the time We deliver the Item to the address You gave Us or You collect it from us. You own an Item which is goods once We have received payment in full.
27 Indemnities given by the Buyer
27.1 The Buyer agrees to indemnify Us against any and all claims, proceedings, liabilities, costs, expenses or losses against the Buyer and/or Whisky Hammer arising from:
27.1.1 any actual or alleged breach of any undertaking or obligation by the Buyer to Us or to the Seller, whether by act or omission (including negligent act or omission) or otherwise;
27.1.2 any personal injury (including death and disease), loss or damage caused to any person by an Item;
27.1.3 the exercising of any of Our rights, powers and/or duties permitted to Us by these Terms;
27.1.4 Your fraud and Our exercising of any of Our rights or powers in the event of fraud;
27.1.5 any error, mis-description or omission in any description of the Lot so long as it was not caused by a breach of Our duty to You under these Terms to exercise reasonable care and skill;
27.1.6 the accessing of the Website; and
27.1.7 any damage to an Item arising as a result of any act or omission of the Buyer or any other person (whether negligent or otherwise) during such time as the Item is in the possession of the Buyer.
28 Buyer cancellation
28.1 Ending the contract because of something We have done or are going to do. If You are ending the contract for a reason set out below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
28.1.1 We have told You about an upcoming change to the product or these Terms which You do not agree to;
28.1.2 We have told you about an error in the price or description of the product You have ordered and You do not wish to proceed;
28.1.3 there is a risk that supply of the products may be significantly delayed because of events outside Our control;
28.1.4 We have suspended supply of the products for technical reasons, or notify You We are going to suspend them for technical reasons, in each case for a period of more than 6 weeks; or
28.1.5 You have a legal right to end the contract because of something We have done wrong.
28.2 Exercising Your right to change Your mind. You have the legal right to cancel Your order within 14 days of receipt of the Items, and receive a refund. If You wish to exercise this right then You should follow the guidelines in section 6.5. You do not have a right to change Your mind once Items have been unsealed or used by You, except if they are faulty.
28.3 Ending the contract because the Items are faulty. The Consumer Rights Act 2015 requires that any Item ordered from Whisky Hammer must be as described, fit for purpose and of satisfactory quality. If an Item is delivered in a faulty or damaged condition, then your legal rights entitle you to the following:
28.3.1 Up to 30-days (starting from the day after the date on which you receive the Item): to return the Item(s) to us and receive a refund.
28.3.2 Up to six months: if the Item cannot be repaired or replaced, then in most circumstances to receive a refund.
28.3.3 Up to six years: if the Item does not last a reasonable length of time, then you may be entitled to some money back.
28.4 How We will refund You. We will You by the method You used for payment. However, we may make deductions from the price, as described below.
28.5 Refunds if you have changed your mind. We will refund you within 14 days of our receipt of the Items you are returning. Our refund will comprise 2 components – 1 part for the cost of the Item(s) purchased (“Cost Refund”) and 1 part for the standard shipping cost (“Postage Refund”). We will reduce the refund value of the Cost Refund, potentially to zero, to reflect any reduction in value to the Item(s) caused by damage and/or deterioration arising from poor customer handling and/or caused by courier damage on the return to us.
28.6 Refunds if we are at fault. If you are ending the contract because of something we have done wrong or if the Items are faulty, then we will pay the cost of return.
28.7 To end the contract with us, please let Us know by contacting us:
28.7.1 Email: [email protected]
28.7.2 Phone: 01358 747470
28.7.3 In person: at: Whisky Hammer, Udny, Ellon, Scotland, AB41 7PR
If you are exercising your right to change your mind then you can use the model cancellation form (a template of which is shown at the end of these terms and conditions.
28.8 If You are returning Items to us, please note:
28.8.1 Any cancelled or returned Items must be returned to Us in the same condition as initially sold and in original packaging – We will process the refund within 14 days or receiving the Items(s) back in Our premises – Our returns address is: Whisky Hammer, Udny, Ellon, AB41 7PR.
28.8.2 You will be responsible and liable for the cost of returning the good(s) to Us in all cases, except in the scenario where You have received an Item that is faulty or damaged condition.
28.8.3 Returns must include a printed statement confirming customer name, initial order number, customer address and reason for cancellation or return.
28.8.4 Returns must be packed with sufficient void fill and in strong packaging to prevent possible damage in transit.
29 Delivery and collection
29.1 The costs of delivery will be as displayed to You on Our website. Please note that delivery charges shown are based on 1 bottle = 2kg. This is the weight of a standard bottle of whisky in a normal box. Lots with, for example, presentation boxes or larger/numerous bottles, may incur additional shipping charges – in this scenario, any additional charges will be advised on the Lot description and hence is assumed to be understood prior to any bid being placed. Whisky Hammer reserves the right to update delivery charges as required, but not whilst an auction is live.
29.2 Please note that although We endeavour to ship to as many locations as possible, We are not liable to ship or deliver to all locations. If You are unsure if We can ship to Your location, please contact Us in advance of placing any bid.
29.2.1 USA Shipping
Unfortunately we cannot ship to AL, AR, IA, KY, MA, MI, MS, NH, ND, PR, UT, VA and WV.
We can ship to Alaska and Hawaii with delivery quoted on request.
We are required to apply a removable government health warning sticker to all bottles that are shipped to the USA, to comply with US customs and licensing requirements. These are 'easy peel' removable stickers that we will apply to glass only, ensuring no damage or markings to bottles, labels and/or packaging.
Unpredictable delays during US customs clearance are common and outwith our control. To avoid disappointment, please allow up to 5 weeks for delivery following payment.
Whisky Hammer shipping charges include duties and taxes but exclude State Taxes which may be payable by the recipient based on local State Law.
29.2.2 EU Shipping At present we cannot ship to the following EU destinations: France, Italy, Sweden, Poland, Czech Republic, Romania, Greece, Estonia and Hungary.
29.3 We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with Your delivery instructions.
29.4 We will aim to ensure delivery of the Items bought within 21 days of receiving payment, not the date that the auction ends.
29.5 Please note whisky bottles in transit cannot be insured by the courier. By paying for bottles You accept that Whisky Hammer has no responsibility or liability for breakages or leakages.
29.6 Insurance can be added at checkout at a charge of 3.5% of the hammer price. Insurance is provided by a 3rd party insurer. Our insurance will only cover breakage or loss in transit. Due to the various ages of bottles and their seals, condition of liquid is at the buyer's discretion and no claim can be lodged against leakage in transit.
29.7 Before signing for the goods all parcels are to be checked carefully. If the package is damaged or wet, sign the courier's sheet in accordance with the actual condition. It is not sufficient to sign "unexamined". Written complaint must be made to the carriers and the senders immediately, otherwise no claim can be considered.
29.8 Local taxation, customs and duties may apply with bottles being shipped outside the UK - these charges are to full responsibility of the Buyer. Whisky Hammer is not responsible for payment of such charges and will not refund any bottles returned as a result to Whisky Hammer of unpaid customs, duties or VAT charges.
29.9 Please note that Whisky Hammer cannot be held responsible for any delays or seizures by customs or any other third party, including couriers. It is Your duty to adhere to local custom, rules and laws for Your own county.
29.10 Whisky Hammer can offer storage for Buyers to enable them to buy enough bottles to reduce the average delivery cost per bottle. We will offer free storage in Our secure unit for a period of 3 months after an auction end date, and thereafter a storage fee of £2/day per bottle may apply. The idea is to allow Buyer's the buying selection from 2 subsequent auctions to then ship a larger quantity of bottles and reduce average delivery cost per bottle.
29.11 At delivery to the Buyer, any shipment containing an alcoholic beverage will require the signature of persons who are the Legal Age. Proof of age may be required.
29.12 If You have asked to collect Your Lot from Our premises, You can collect it from us, at any time during Our working hours of 10am-5pm on weekdays (excluding public holidays). Please note that alcohol cannot be collected before 10am due to licensing laws.
29.13 If You do not collect the Lot from Us within 14 days or if, after a failed delivery to You, You do not re-arrange delivery or collect them from a delivery depot We will contact You for further instructions and may charge You for storage costs and any further delivery costs. Storage after the 14 days will be charged at a rate of £2.00 per day. Whisky Hammer reserves the right to destroy or acquire goods which remain within the premises of Whisky Hammer after a period of 6 months whereby the Buyer has not made arrangements to collect the goods.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Whisky Hammer Limited
Udny
Ellon
UK
AB41 7PR
+44 (0)1358 747470
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
