Terms & Conditions
By registering to this website speysidewhiskyauctions.co.uk you are deemed to have read, understood and agreed to the following terms and conditions.
Reference in these terms and conditions to "Speyside Whisky Auction”, “we” or “us” refers to Speyside Whisky Auctions Limited. We are a company registered in Scotland; company no: SC615191, Registered office — 4 Waterford Circle, Forres.
1. Our Service
We are an online auction platform where registered users of our website can buy and sell whisky and related products.
Speyside Whisky Auctions Limited accounts for VAT using the Margin Scheme.
For Lots that remain in the UK, VAT will be added to all fees, commissions and charges stated in our terms and conditions where applicable. Under the Margin Scheme VAT will not be shown separately on any correspondence. We do not apply VAT is NOT to the hammer price. All amounts mentioned throughout these terms and conditions are exclusive of VAT.
0% VAT is applied on commission and shipping for bottles leaving the UK.
However, please note, that Import VAT will be levied on goods imported to EU countries from the UK. The rate charged will be that set by your local customs authority and charged at the point of entry, it is the liability of the buyer(you) to meet this cost.
Under no circumstances will purchases returned to us due to unpaid Import VAT and other fees (where applicable) be refunded!
It is your responsibility to check your Local Custom, Duties, VAT and Restrictions prior to Bidding!
In order to place a bid on any item or to register to sell at auction, you must register as a user to our website.
The fee for Full Membership registration is £6.00 inc VAT. This one off payment helps ensure that all buyers/sellers are genuine. This fee is non-refundable under any circumstances.
Sellers can apply for a Selling only membership Free of Charge, this membership only allows users to sell and can be upgraded to a full membership at any time by paying the one off fee.
When registering you will be asked to provide personal information deemed necessary to carry out the service we provide. Sellers may be asked to enter their payment details to allow any sums due to them to be paid.
All registered persons are expected to keep their information up to date and account details and password strictly confidential. Third parties may not use or access your account on your behalf. You will be liable for any bids made using your account.
3. Age Restrictions
By accessing our website and/or registering for our website, you confirm that you are of legal age — 18 years old or the legal age within your country of residence.
We reserve the right to ask buyers/sellers for identification to prevent underage purchases and/or fraud.
On delivery or collection of alcohol, whether in person or by courier, proof of legal age and signature will be required.
4. Authentication of goods
By registering with Speyside Whisky Auctions, you agree that any goods you register to sell are authentic.
Once we have your goods in our possession, we will review the condition of the goods. We will send you an email confirming whether we agree to list your goods in our auction. In the event that your goods do not meet the requirements to be auctioned, your goods will be returned to you at your cost or you may collect from our premises.
If we consider your goods to be counterfeit or illegal, we have the right to reject and dispose thereof. A charge of £30 will be made for the appropriate removal and destruction.
Speyside Whisky Auctions will not accept liability for claims against counterfeit goods sold in auction.
Speyside Whisky Auctions reserves the right to prohibit any seller from future use of the website and/or services if we believe that the seller has knowingly attempted to sell counterfeit goods.
5. Sellers Terms
Persons wishing to sell must first register for the website as per section 2.
Listing of goods should be done via our website, alternatively please contact us by emailing [email protected] or by calling 01309 637133 or visiting us at 4 Waterford Circle, Forres for assistance with the process.
To guarantee that goods are entered into the up coming auctions, sellers must ensure that they have been received by us prior to, or on the cut-off date advertised (see website for dates). We may arrange collection of the goods (charges may apply) but contact us for further details.
Where we offer a collection service and provide transport we will not be responsible for any damage or loss during transportation, with the exception of where it can be demonstrated that such loss has occurred as a direct result of negligence by Speyside Whisky Auctions. The seller must ensure they have adequate cover in place for damage to or loss during transportation from the seller’s premises to our premises.
Any inaccurate information provided by the seller may result in the rejection from sale. Speyside Whisky Auctions have the right to prepare, word and picture any listings as they see appropriate.
We charge a fee of £3 +VAT per Lot entered into each auction. A reserve can be added for an additional fee of £4 +VAT per Lot. These fees are charged per Auction that lots are entered into.
** We have ongoing 0% sellers commission deal for the foreseeable future, any changes to this will be well documented and we will give all sellers adequate notification **
Our commission is 5% of the final hammer price, unless otherwise advertised on the homepage for a promotion.
Speyside Whisky Auctions have the right to update or change any commission rates and fees at our sole discretion following discussion with individuals.
We will not process your payment until the buyer has paid all sums due after the auction ends. In most cases we aim to get payment to you within 21 days of the buyer receiving the goods.
Sellers are strictly forbidden to bid on their own goods and/or have relatives or friends do so to artificially increase the items value. We reserve the right to remove your goods from the auction whereby illegal bidding has taken place. In the event of this, an administration fee will be charged at £30 and costs incurred in delivering the bottle(s) back to seller will be charged to the seller.
Sellers must be private non-VAT registered individuals.
6. Responsibility For The Lot
Speyside Whisky Auctions are fully insured and accepts responsibility for the lot after it has been received by us at our premises in Forres. We are not liable for any damage, loss or destruction of the lot while in transit to us. We accept responsibility for damage, loss and destruction of the lot at our premises, arising as a result of negligent behaviour by any employee of the Company. This excludes damage, loss or destruction caused by acts of God, terrorism and rioting.
On completion of the auction and as soon as the buyer has paid and the goods are dispatched, the risk will then fall with the buyer, and the buyer accepts liability for the goods.
We reserve the right to take ownership and re-sell any bottles which remain on our premises after a three month period where the buyer and seller have not made arrangements for the payment or collection.
A reserve price can be added for an additional £4.00 + VAT per item entered. This 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 price.
These will be kept private and buyers will not be able to view this amount.
Sellers can reduce reserves during the auction, they can only be reduced to 1 bid increment above the current bid.
If the reserve price is not met when the auction ends the Lot remains unsold. We will notify the seller and automatically enter them into our next Auction and additional fees will be applied. If you choose for the goods to be returned, all costs associated with returning the goods will be owed by the seller.
8. Sellers Payment
If you successfully sell your goods(s) we will not process amounts due to you until the buyer has paid us for the good(s), received the goods(s), and have not exercised their right to cancel under Section 11.2.
We aim to do this in 21 days and we will ensure that the sellers are fully notified if amounts due to them are unlikely to be received in that time scale.
Amounts due from Speyside Whisky Auctions to the seller will be made by bank transfer. Any fees associated with receiving funds are passed to the seller.
9. Buyers Terms
You acknowledge that you are bidding in a live auction and agree that each bid submitted as provided in these Terms and Conditions 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 and Conditions.
Our commission is 10% of the hammer price VAT at 20% will be applied to the commission for lots remaining within the UK.
All buyers are obliged to pay us the purchase hammer price plus associated commissions and fees in full within three days from the auction end. After three days we reserve the right to charge interest at 3% per day or cancel the sale and/or prohibit the buyer from using our services in the future.
Payment can be made to us by bank transfer, debit or credit card.
Delivery charges are set out in our shipping section of the website. If you have any enquiries as to delivery or where we can ship to, please contact us on info @speysidewhiskyauctions.co.uk. Local taxation and custom charges may apply to goods outside the UK and these will be passed onto the buyer.
If your country is not listed on our shipping page and you have not contacted us prior to bidding to discuss shipping, it is the sole responsibility of the buyer to arrange delivery/collection of lots. We will try to assist you in anyway we can and provide storage until a solution is reached. Bidders are legally obliged to pay for all lots which they have bid on and won within 3 days of end of auction or a 3% surcharge will be added.
Once payment for the goods has been received in full, the winning goods(s) will be delivered to you if delivery is selected.
You also have the option to collect them from our premises during operating hours.
We will keep your bottle in storage for three calendar months from the date of the end of the auction free of charge. However, thereafter there will be a charge of £1+ VAT per day per Lot.
11. Cancellation rights
Sellers have the right to cancel any goods provided for Auction, subject to notification being provided to us, within seven (7) days of receiving the good(s) — (cooling off period).
After the 7 days cooling off period and before a bid has been placed it is at our discretion whether to accept your cancellation request. Should we agree to cancel we reserve the right to charge an administration fee for the removal of the good(s) from auction.
When the auction is underway and a bid has been placed on the good(s), it is at our discretion as to whether to accept your cancellation request. Should we agree to cancel, we reserve the right to retain all fees paid to us plus a withdrawal fee of 15% of the current bid.
On the basis that the cancellation request has been agreed the good(s) need to be collected from our premises or costs incurred in returning the good(s) will be borne by the seller. It is the seller’s responsibility to ensure that adequate insurance is in place to cover any loss or damage to goods while in transit from our premises to their own premises.
Buyers have the right to cancel if good(s) received are not as described on the Speyside Whisky Auctions website.
11.3. Cancellation Contact Details
If you wish to cancel an item, please contact us at [email protected] as soon as possible.
11.4. Our Rights to Cancel or Terminate the Contract
Speyside Whisky Auctions reserve the right to cancel a contract if:
Goods are not delivered to us by our cut off date for the auction
Goods are not as described
Inappropriate for the purpose of our auction
Where we cancel a contract with a Seller or Buyer, we reserve the right to prohibit such parties from using our services again.
12. Minimum Alcohol pricing
All starting prices will comply with Scottish Minimum Alcohol Pricing Law.
13. Force Majeure
Neither party shall be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms and conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.
Our failure to enforce any of the provisions aforementioned shall not affect the validity of these terms and conditions or the right thereafter to enforce each and every provision.
15. Notification of Changes
Speyside Whisky Auctions reserve the right to change our terms as we see fit with immediate effect and your continued use of the website will signify your acceptance of any adjustment to these terms. If there are any changes to our policies, we will announce that these changes have been made on our home page and on other key pages on our website.
16. Governing Law
The laws of Scotland shall govern these terms and conditions. By accessing our website, using and/or purchasing our services, you shall be deemed to have accepted these terms and conditions and in so doing you consent to the exclusive jurisdiction of the Scottish Courts in respect of any and all matters arising out of or in connection with the accessing of our website and/or the purchasing of our services.
In the event that any provision(s) of these terms and conditions are deemed invalid or unenforceable for any reason (including, but not limited to, the exclusions and limitations herein referred to) then the invalid or unenforceable provision will be severed from these terms and conditions 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 a 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.
19. Product Supply Terms
See our Product Supply Terms
20. Key Information
See our Key information
Updated - 30 March 2021