Terms & Conditions

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"Fah Mai Holdings t/a Whisky Bull Auctions" – Website Terms and Conditions

 

1.                  Definitions

           

Alcoholic Beverage    means any Whisky or alcoholic liquid suitable for consumption;

Buyer                          a Member who uses our auction Website to bid on and purchase an Alcoholic Beverage listed for sale;  

Member                     means a User who has signed up for a membership in accordance with clause 4 of these Terms;

Seller                          a Member who uses our auction Website to list their Alcoholic Beverage for sale;  

Terms                         means these website terms and conditions, which apply to your use of this website;

Transaction Fees        means any of the fees payable to us under clause 7;

User(s)                        means anyone who uses or visits our Website;

We                              or "us" or "our" or any similar terms mean Fah Mai Holdings t/a Whisky Bull Auctions , which runs and manages this website;

Website                      means this website, www.whiskybull.com ;

Whisky                       means, for the purposes of these Terms and for ease of reference, all distillates undergoing maturation, including distillate which will become whisky in due course through maturation (though within the whisky industry, "whisky" only refers to distillate after three years of maturation);

You                             or "your" or any similar terms mean the relevant User.

 

2.                  Information about us and about these Terms

a.                  We are WHISKY BULL AUCTIONS (Fah Mai Holdings t/a Whisky Bull Auctions), a company incorporated and registered in England and Wales with company number 10817925 whose registered office is at 1st Floor Fah Mai Holdings, 4 Davis Way, Fareham, PO141JF.

b.                  These Terms govern your use of the Website and our business relationship with you as a Member. By using this Website, you confirm that you accept these Terms and you agree to comply with them. If you do not agree to these Terms, you must not use our Website. You are also responsible for ensuring that anyone who accesses the Website through your internet connection are aware of these Terms and comply with them.

c.                  We reserve the right to amend these Terms from time to time. Every time you use the Website, we recommend you check these Terms to understand the terms that apply at that time.

d.                  If you wish to contact us in relation to these Terms, please use the following details:

            Email: [email protected]

Tel:      +44 1489 298086

 

3.                  Terms that apply to all Users

a.                  The following terms apply to all Users of our Website, regardless of whether or not they are also a Member:

                         i.          Changes to, suspension and withdrawal of our Website

We may update and change our Website from time to time for any reason. We do not guarantee that our Website, or any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website at any time.

                       ii.          Intellectual property in our Website

We are the owner or licensee of all intellectual property rights on our Website and all material published on it. You must not modify any paper or digital copies of materials you have printed off or downloaded from our Website in any way and you must always acknowledge our status as authors of the content on our Website.

                     iii.          Reliance on information on our Website

The content of our Website is provided for general information only and is not advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.

                     iv.          Websites that we link to

We are not responsible for links that we provide to third party websites and such links are not an approval by us of those linked websites.

                       v.          Viruses

We do not guarantee that our Website is secure or free from bugs or viruses. You must not knowingly introduce viruses, trojan horses, worms, logic bombs or any other material that is malicious or technologically harmful. You must not attack our Website via any technological attack or attempt to gain unauthorised access to our Website.

                     vi.          Lawful use of our Website

You must not use our Website for any unlawful purpose.

                   vii.          Our liability to you

We do not limit or exclude our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or that of our employees or agents and for fraud or fraudulent misrepresentation. Different limitations and exclusions of liability apply to liability arising as a result of the supply of auction services to you. These are set out at clause 11 of these Terms.

                 viii.          Linking to our Website

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

                     ix.          Force majeure

We will not be responsible or liable for any failure or delay in the performance of our obligations under these Terms arising out of or caused by forces beyond our control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services

                       x.          Governing law and jurisdiction

These Terms are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales, save that if you are resident in a different jurisdiction, you may bring proceedings in your own jurisdiction in relation to these Terms.

b.                  Clauses 4 to 11 of these Terms apply only to Members.

 

4.                  Membership

a.                  You are required to become a Member in order to sell or purchase Alcoholic Beverages via our online auction Website.  A Member is able to act as a Buyer and/or Seller of Alcoholic Beverages.

b.                  You can become a Member by registering for an account online and paying a one-off non-refundable membership fee.

c.                  You can terminate your membership at any time by following the steps on our Website to close your account. Please note you will not be due any refund of your membership fee if you do so. Prior to closing your account you will need to have settled any fees, withdrawn any money we are holding for you and arranged for the collection or courier of any Alcoholic Beverage which you have purchased or which you had intended to sell and which is held in storage by us.    

d.                  You are responsible for keeping your account details secure and you must keep these confidential. If you think anyone knows your account details, you must inform us immediately. We accept no responsibility for unauthorised access to your account.

e.                  In order to open an account and become a Member, you must be over 18 years old and above the legal drinking age in your country of residence. We reserve the right to withdraw membership if an account is identified as being operated or owned by anyone under the age of 18 years old.

f.                   When you register as a member, you must provide all requested documentation to verify your identity within two weeks and thereafter on reasonable request from us.

g.                  You must also provide us with any and all information we request to comply with any applicable laws or regulations including but not limited to anti-money laundering regulations.

h.                  Where we ask you to do so, you must also promptly provide us with clear evidence of the ownership and identity of the bank account from which your money originates and to which money will be remitted if required. This evidence must detail:

                         i.          your bank's country and name;

                       ii.          your branch name and address;

                     iii.          your bank account name and number;

                    iv.          your name and address;

                   v.          your bank's Bank Identifier Code and your IBAN (for accounts outside the UK and the USA)

i.                    Where documents are required, you must provide these in English or any other language that we confirm as being acceptable to us.

Your consumer rights

If you are a consumer and you have purchased a Membership via our website, you may be entitled to a statutory 14-day cancellation period (the Cooling-off Period), during which time you can change your mind and receive a full refund. However, please note that the length of the Cooling-off Period and whether or not it applies differs depending on what you have purchased. Your statutory cancellation rights are described in more detail below.

Please note that nothing in these terms restricts your rights under general consumer law, for example if we have broken the contract, or if we have misdescribed our goods or services.
 

 

j.                    We will only activate your Membership during the Cooling-off Period if you ask us to provide the Membership services right away by ticking the request box during the online checkout process[DP1] .

 

k.                  If you have asked us to activate your Membership right away, we will grant you immediate access to the full Members' benefits on the Website as soon as payment has been taken and you have completed the account registration process.

 

l.                    Please note, however, that once we have provided the Membership services in full by granting you unrestricted access to the Members' benefits, you will lose the right to cancel your Membership during the Cooling-off Period and your Membership fee will not be refunded.

 

m.                  By accepting our terms and conditions you self certify that you are an individual purchasing for personal use and not for wholesale or retail. You confirm that the bottles you purchase will not be placed in any shop or any activity that requires an Alcohol Wholesaler Registration Scheme (AWRS) license and will be kept for personal investment or consumption.

 

n.                  If we suspect that you are purchasing for resale or bulk buying we will investigate further. You confirm that you understand that it is an offence for the buyer and the seller if this is happening without an AWRS in place. You agree to provide any evidence requested by Whisky Bull Auctions in any other the fore mentioned scenarios. 

 

 

 

5.                  Terms Relevant to Sellers

a.                  The terms set out in this clause 5 (the Seller Terms) apply to all Users who wish to use the Website to sell their Alcoholic Beverage via our online auction. By signing up to and purchasing membership you agree to comply with these Seller Terms.

 

How the Auction Website Works for Sellers

b.            Once you have registered as a Member you are able to contact us in respect of selling your Alcoholic Beverage via our online auctions. 

            You can contact us on [email protected]

c.                  If your Alcoholic Beverage is accepted as being suitable for online auction you will need to arrange for the courier or delivery of the Alcoholic Beverage to our warehouse. It remains the Seller's responsibility to arrange insurance covering any damage or loss during transportation. We accept no liability for any loss of, or damage to, Alcoholic Beverages during transportation, whether from the seller to us or from us to the buyer.

d.                  On receipt and inspection of the Alcoholic Beverage, if we are satisfied that the Alcoholic Beverage is suitable for online auction, we will post a listing for the Alcoholic Beverage on our Website for the relevant auction. We reserve the right to withdraw or amend the listing on our Website at any time. For the avoidance of doubt if the Alcoholic Beverage on inspection is not suitable it remains the Seller's duty to arrange its return by courier or collection, at the Seller's cost.

e.                  If you send us several Alcoholic Beverages for sale via our Website auction, we reserve the right to break up these Alcoholic Beverages into separate or smaller lots. 

f.                  We do not guarantee that your Alcoholic Beverage will be sold and any Alcoholic Beverage listed for auction will be listed in accordance with any reserve price you have specified.

g.                   In circumstances where your Alcoholic Beverage is not sold at auction, or where the Buyer fails to pay, you will remain liable for the listing fee but no commission will be payable as outlined at clause 7.

h.                  Seller has the option to re-list any Alcoholic Beverage which fails to sell via our online auction subject to paying our storage fee until the next auction. Alternatively, Seller can arrange for the return of the Alcoholic Beverage by collection or courier subject to all outstanding balances being paid.

 

Seller's Alcoholic Beverages held in our warehouse[DP2] 

i.                  While Sellers must have appropriate insurance in place to cover courier/transport of the Alcoholic Beverage to and from our warehouse, once delivered and inspected for any damage WHISKY BULL AUCTION'S will insure the Alcoholic Beverage while located at our warehouse.

j.                    Clause 11 applies in respect of any Seller's Alcoholic Beverage stored at our warehouse.

 

Accuracy of Information and Prohibited Bidding

k.                    You shall ensure that any information provided to us in respect of the Alcoholic Beverage you intend to list for auction is accurate, complete and truthful. We reserve the right to post additional or different information in the listing itself.

l.                  You shall not bid on your own Alcoholic Beverage listed for auction via our Website for any reason including via another Member's account.

m.                    Any Seller who is:

                                                              i.      deemed to have provided inaccurate, incomplete, misleading or untruthful information; and/or

                                                             ii.      caught or suspected of bidding on their own Alcoholic Beverage  including via another Member's account;

 

may have their membership suspended or terminated for failure to comply with these Terms.

 

6.                  Terms Relevant to Buyers

a.                  The terms set out in this clause 6 (the Buyer Terms) apply to all Users who wish to use the Website to purchase Alcoholic Beverages via our online auction. By signing up to and purchasing membership you agree to comply with these Buyer Terms.

 

How the Auction Website works for Buyers

b.                  Once you have registered as a Member you are able to bid via our auction Website on any Alcoholic Beverage listed by a Seller.  

c.                  We will notify you by email and pop up if your bid was successful after the auction has ended and inform you of the purchase price and fees due in accordance with clause 7.

 

 

Authenticity of the Alcoholic Beverage

d.                  Please note that we do not inspect the condition of any Alcoholic Beverage listed for sale by Sellers. Although we carry out basic checks to ensure that the Alcoholic Beverage is suitable for auction, we do not provide any warranties or guarantees in respect of the quality, suitability or authenticity of the Alcoholic Beverage or the accuracy of the Seller's description.  

e.                  We do not accept any liability in respect of the quality, suitability or authenticity of the Alcoholic Beverage and each item is sold as per the Seller's description.

 

Payment, Delivery and Storage

f.                   We will invoice you for the purchase price at the end of the relevant auction. You must make payment of the purchase price and associated fees within 3 working days from the date of receiving the invoice.

g.                  Any late payment of the purchase price or associated fees after 7 working days from receiving the invoice shall incur a late payment fee of 3% above the Bank of England's base rate. You will incur this charge on the full value of your invoice. 

h.                  Delivery or collection may be arranged by either you, us (subject to payment of costs) or the Seller, depending on the product purchased. You should check our Website for details. It remains the Buyer's responsibility to have appropriate insurance in place to cover any loss or damage incurred during transportation. We accept no liability for any loss of, or damage to, Alcoholic Beverages during transportation, whether from the Seller to us or from us to the Buyer.

i.                    If you wish, you can continue to store the Alcoholic Beverage at our warehouse subject to payment of the relevant storage fees as notified to you.

j.                    Ownership of the Alcoholic Beverage  will pass to you from the Seller once we have received payment in full, including all applicable delivery charges, value added taxes, import duties, administration charges and taxes which are payable by us.

k.                   Some of the bottles represented on our platform are held by our partners in various locations for ease of sending and security. Due to location some bottles may take slightly longer to arrive than others.

l.                    We cannot ship to Thailand unless you are willing to pay the taxes involved with shipping and delivery. 

7.                  Our Auction & Storage Fees

a.                  The Buyer must pay to us the purchase price of the Alcoholic Beverage, together with the transaction fee notified to the Buyer, within 3 working days of receiving our invoice following the end of the relevant auction. Our commission is 7% of the purchase price paid for the Alcoholic Beverage and we will take this commission from the purchase price before transferring the remainder of the purchase price to the Seller.

b.                  There are no charges to the Seller for listing an item in Auction. If the Seller wishes to set a reserve, we will charge a reserve fee of £5 per lot per Auction.

c.                  The cost of storage payable by both the Buyer or Seller will vary per Alcoholic Beverage and we will confirm these fees (calculated on a weekly basis) when you contact us with regard to storage of the Alcoholic Beverage.  

d.                  VAT is applicable on all commission and surcharges. Please note VAT is not applicable to the price of the Alcoholic Beverage.  

e.                  Subject to receiving payment for the Alcoholic Beverage from the Buyer, we will transfer the monies to the Seller's account within 30 days of receipt of payment, minus our commission, listing fee and any reserve fee.

f.                   Membership fee is £5 per member. This is a lifetime membership.

g.                   Storage is £1 per bottle per year and any bottle left longer than 60 days will incur the annual fee. This will include insurance of your item. 

 

8.                  Cancellation and Charges

a.                  A Seller cannot cancel or make any changes to a listing once the Website auction has started and/or been concluded. The Buyer is also not entitled to make any changes to or to cancel a winning bid. All bids are considered binding and if a Buyer bids on an Alcoholic Beverage and that bid is the winning bid, the Buyer is contractually obliged to pay the price in the bid.

 

9.                  Termination

a.                  We reserve the right to terminate a contract to sell and/or purchase goods to the extent there is any material breach of these terms. Where we terminate a contract we reserve the right to terminate your membership.

 

10.  Care of your money

a.                  Where we hold money on your behalf (for example, when the funds are received from a Buyer and we are to transfer the money to your account as a Seller), we will select the bank(s) to hold such money. We will take reasonable steps to select a bank(s) of adequate standing to do so.

b.                  You acknowledge and accept that no interest is payable to you for any money we hold on your behalf.

c.                  We accept no responsibility in the event that a bank holding your money suffers a failure to remain in business.

 

11.              Exclusions and limitations of liability

a.                  All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded.

b.                  Nothing in these Terms limits or excludes our liability to you:

                         i.          for death or personal injury caused by our negligence;

                       ii.          for fraud or fraudulent misrepresentation; or

                     iii.          for any matter in relation to which it would be illegal for us to exclude or attempt to exclude our liability.

c.                   Our liability for any loss of or damage to Alcoholic Beverages whilst they are stored at our warehouse shall be limited to the lower of :i) the amount we are able to recover under our insurance in respect of the relevant Alcoholic Beverage; or ii) the pre-auction value of the relevant Alcoholic Beverage.

d.                   Subject to paragraphs a, b and c above:

                        i.          Our total liability in contract, tort (including negligence or breach of statutory duty, misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the value of your Transaction Fees.