Terms and Conditions
In registering to the website you have accepted the terms and conditions. The terminology applies throughout the terms and conditions section where:
Client, you and your – The website user
The company, ourselves, we & us – Malt whisky Agency
Party & Parties – Both Malt Whisky Agency & Website user
The Buyer – Winning Tender
The Seller – Person selling the product
Item – Product being sold
Listing – The item being sold online
Commission malt whisky – Percentage charge made by using website to sell malt whisky
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing to Scots Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
You don’t have to register to buy on our website, feel free to browse and put in the basket.
You also have the option to register an account to buy, sell and view your purchases or sales. To register select the LogIn/Register link at the top of the homepage or type www.maltwhiskyagency.com Please check your “Spam“ for any stray emails. Once registered you will be given a personal ID No. related to your account and advised to take a note of it, again if buying feel free to browse and put in the basket.
Security of registration details and passwords shall be the responsibility of the person registering on the site. The person registering on the site shall bear the cost of unwanted offers by a third party if access to their account is achieved.
Please read the age restrictions section.
You will find more information in the sellers section below and from the Frequently Asked Questions (FAQ’s) page.
We can only act as agents in the sale of alcohol to those over the age of 18 years (or the legal age of your state or country of residence). The buyer or the seller, confirms by using the website, that they are of legal age for their country of jurisdiction. The buyer using the website, is also confirming that the recipient of the goods is also of legal age for their country of residence. Receipt of the goods shall require a signature and there may be requirement for proof of I.D. for age purposes.
Our client’s details are considered to be confidential and will not be divulged to any outside party unless legally compelled to do so. Given reasonable notice, we shall provide the client access to these details and provide copies if requested. We also shall not pass your information to third parties. We shall only contact you with reference to the services that we provide in connection to the site. We advise that clients retain literature supplied by us.
Online Buying Process
On successful completion of registration you will be able to purchase an item from the item description page. By doing so, you accept that you are buying in a live sale according to the terms and conditions. If a sale is accepted it cannot be amended or retracted as it deemed to by a binding contract with the seller. Malt Whisky Agency reserve the right to reject any registration, withdrawn any tender made, alter reserves or suspend a registered user.
Inspection of Bottle and Description
Malt Whisky Agency will endeavour to give honest estimates, using previous values, visual examination along with information supplied by the seller of the item or items for sale.
We only act on behalf of you as an agent. The seller must be the legal owner of the item or have approval from the owner, if you are selling on their behalf. The seller must make Malt Whisky Agency aware of any alterations made to the item prior to going on sale. We reserve the right to describe the items condition as we assess it and are not liable to any potential losses to the seller as a consequence.
By offering us your bottle, you have agreed to Malt Whisky Agency’s selling structure.
Seller’s commission is set at 5% for all products in the Current Sale and sale entry fee of £3.00.
There is no charge on the seller for delivery charges and insurance, from Malt Whisky Agency. Malt whisky agency is not liable for any additional expenses for the items entry into the UK. We take responsibility of the product following signed delivery from the courier or delivered to ourselves in person until we dispatch the item after payment is received by the buyer.
Refusal to Sell
If Malt Whisky Agency believes that misleading information regarding the item for sale has been provided by the client or the item is a forgery we will remove it from sale. In the case of forgery, the relevant authorities will be informed so they can take appropriate legal action. Under these circumstances you will be liable for any costs incurred by us including storage charges.
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, 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 this Agreement to exercise reasonable care and skill.
Payment by debit card incurs no surcharge. Courier charges outside the UK will incur additional charges. Cash or Personal Cheque with Bankers Card, all major Credit/Debit Cards, Bankers Draft or BACS Transfer are all acceptable methods of payment. International Banking Transfers will attract a fee. Our Terms are payment in full within seven days. All items remain the property of the seller and title does not transfer to the buyer until cleared payment has been made. Failure to do so (unless previous arrangements have been agreed with us) will result in the cancellation of the contract and the item may then be offered again in a future sale with consent of the seller.
Buyer invoices remaining outstanding for whatever reason by the due date shall incur late payment chargeable at the rate of 2% above the prevailing Bank of England’s base rate until such time as the full outstanding balance has been paid to us. 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. 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 and signed that the description of the Lot was entirely accurate. SELLERS SHOULD BE AWARE THAT IT CAN TAKE UP TO 14 DAYS BEFORE PAYMENT IS COMPLETED.
In the event of a dispute arising over the provenance or authenticity of any item for sale, 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.
The buyers and sellers acknowledges and agrees that Malt Whisky Agency has contracted a third party payment processor Worldpay/Paypal to manage the storage of the buyer’s/user’s payment details and enable payments as appropriate to be processed and debited for the item or items purchased.
The Buyer and seller’s payment details will be stored in a PCI compliant manner by the Worldpay / Paypal payment gateway and Malt Whisky Agency can process payments and refunds via the third party payment processor. Such third party payment processors are obligated to protect the security and confidentiality of the Bidder/Users information
All prices quoted for our website are in UK Pounds (£). All transaction costs, commissions, sale entry fees, reserve price, insurance and shipping and vat charges are in UK Pounds (£). Any exchange charges incurred for other currencies are determined by your Credit Card.
After Sale/Obligations of the Buyer
The conclusion of the sale shall be when (a) either seller accepts a tender from a buyer or (b) at the conclusion of the sale period. Notification will be given by email of a winning tender which may before conclusion of the sale period and the buyer accepts the responsibility within the terms and conditions. The buyer will indicate at invoice stage whether the item is to be shipped or collected, requires insurance and makes the full payment within 7 days of the sale’s conclusion. With Payment, title of the sale item transfers from seller to buyer. Thereafter, we retain the right to cancel the contract and submit the item in a future sale – unless notified by email as soon as possible. We also reserve the right to pursue outstanding money due.
Due to the ages of some bottles and their seals, condition of the liquid is at the buyer’s discretion, although we strive that the item bought leaves us in perfect condition, no claim can be lodged against failure/leakage in transit. Prior to the item going on the website we shall inspect the item and we shall highlight any flaws within the sale description, if not mentioned, but visible within the website images, the buyer is taken to have seen the images and has no claim or right to refund.
Delivery charges vary according to your location and weight of item, please contact us directly for these prior to bidding. Delivery charges are inclusive of VAT
Unless otherwise agreed with you, you will deliver the item for sale at your expense into our premises during our office hours.
Responsibility for the Item
We accept responsibility for any damage, loss or destruction of the item whilst the item is in our custody and appropriate insurances are in place to cover our legal responsibilities.
Malt Whisky Agency owes you a duty of care whilst we continue to have custody and until title to the item passes to the Buyer.
Should you wish to withdraw the item, or we give you notice of our refusal to sell the item, you are required to remove the item at your expense within 7 business days after the date of any withdrawal or of our notice to you of our refusal to sell the item.
If the item remains unsold, unless you give us fresh instructions to re-sell your item at the next available sale, we will give you 7 business days’ notice to remove the Item and you must then remove said item at your expense within the period or you will receive a storage charge of £2 per day (unless we are notified in writing).
If you give us notice terminating our authority to sell your item, you must remove the item at your expense within 7 business days of any such notice or you will receive a storage charge of £2 per day (unless we are notified in writing).
You shall pay to us any sums due before removing the item.
Delivery to Buyer
We undertake to use our best efforts to have the successful sale item 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 in person.
Any buyer, who seeks re-direction from original address given, may make such arrangements with us for which a potential additional charge will be made, please contact us in relation to these potential additional charges.
You will become the owner of the goods you have ordered when full payment has been made to us. Once the goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
Where a delivery is made to a successful Buyer residing outside the UK, it is the responsibility of the buyer 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, any money lost of a consequence will not be refunded.
Malt Whisky Agency shall not be liable for any breach of non-UK Customs laws and regulations which may occur. Malt Whisky Agency will take all reasonable steps to suitable packaging will be used to courier any item but will not be responsible for any breakages or damage or seal leakage to any such item whilst in transit, the buyer has an option to insure the item against damages when purchasing the bottle.
You will become the owner of the goods you have ordered when full payment has been made to us. Once the goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
If your parcel is returned to us for any reason we will give you the option to either re-send the item or arrange to re-submit the items in our next auction.
Please note that Malt Whisky Agency cannot be held responsible for any delays or seizures by customs or any other third-party, it is the customer’s duty to adhere to local custom, rules and laws for their own county.
1. If the shipping option is selected after the sale the item will be shipped to the buyer direct from the premises after receiving payment for the purchase price, pre-paid commission (if relevant) fees and shipping charges. Please allow up to 7 working days after the initial booking of shipment for delivery.
2. The buyer will have an opportunity to select his or her shipping preferences, provided the requested shipping address is within a state which allows the buyer to import alcohol directly to licensed premises. Malt Whisky Agency shall not be party to contravention of a state’s customs policy.3. The determination of whether or not importation is permitted shall be determined by Malt Whisky Agency and the courier. We will not enter into correspondence or discussion regarding this decision.
4. We recommend the Buyer to purchase shipping insurance on all shipments, at the time of shipment. It’s solely at the buyer’s discretion to do so, if no insurance is taken then no claim can be lodged.
5. Malt Whisky Agency is entitled to deduct from the sale proceeds all charges for commission, storage and other charges. The balance will then be paid to the Buyer in full and final settlement.
6. Though every effort is made to describe or measure the levels of older vintages, corks can lose their elasticity and levels within the bottle can change between cataloging and sale.
7. Old/new corks occasionally fail during or after shipment. Buyers must understand that there is always a risk of cork failure with old whiskies.
8. Under no circumstances can an adjustment of price or credit be made after delivery if the product has been affected by cork failure.
9. Further provision regarding items packed in original wood case(s) – Auctions with original wood cases may incur additional shipping fees if not picked up directly.
10. The shipping method will default to the least expensive option available for the address of delivery.
Buyers can collect from our premises during opening hours. Availability for uplift of items can be made between 9 – 1pm Saturday by advance agreed appointment. Storage can only be provided for 28 days from finish of the sale. Thereafter a charge of £2.00 per day shall apply and must be paid before the items are released.
Payment to Sellers
We will not release the item sold until we have received payment from the buyer. Payment will be released within 3 working days of the payment being cleared and the buyer is satisfied with the item or items. Malt Whisky Agency do not hold any responsibility if the buyer does not pay, as we only act as an agents.
We will notify the seller of payment received or non-payment from buyer and will not release the seller’s item until we are satisfied.
Payments can be made by Bankers’ Automated Clearing Services (BACS) and Paypal/Worldpay. Any additional payments for transactions are met by the buyer.
Cancellation Rights/Withdrawal from Seller
Under the Consumer Protection (Distance Selling) Regulations 2000, sellers may cancel an order to sell an item up to 24 hours before the advertised start time of the sale. This can be through the “Contact Us” function on our website. We reserve the right to charge a fee of £30 + vat to cover administration costs for withdrawal from sale.
“The Malt Whisky Agency has discretion as to the date on which goods can be put up for sale, remove any items from the sale, to remove offers, regulate bidding, alter reserves or cancel the sale without in any case providing a reason or notice”.
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 foreseeable, 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.
Notification of changes
These terms and conditions form part of the Agreement between the you and Malt Whisky Agency, www.maltwhiskyagency.com, and by accessing of this website and/or undertaking of booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Our contact information can found on our website under the page “Contact us”
Malt Whisky Agency Limited, SC513804, is a Scottish registered company.
Our registered office is:
25 Manor Street
FK1 – 1NH
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained.
Copyright and other relevant intellectual property rights exist on all text relating to Malt Whisky Agency Limited services and the full content of this website.
All information provided by Malt Whisky Agency, by email or other methods, shall not be used for commercial use – only personal.
Malt Whisky Agency logo is a registered trademark.
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.
The client is solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Malt Whisky Agency. Malt Whisky Agency does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify Malt Whisky Agency, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Internet Statistic Collection/Log Files
Malt Whisky Agency uses IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Malt Whisky Agency is strictly on a-need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission. This information shall not be shared with third-parties and will only be used within Malt Whisky Agency.
Links to this Website
Without the written consent of Malt Whisky Agency you may not create a link to this website. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this Website
Malt Whisky Agency does not monitor or review the content of other party’s websites which are linked from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Malt Whisky Agency will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Malt Whisky Agency recognises the client’s right to privacy. All information we collect about you remains private and is in accordance with the Data Protection Act 1998. Certain portions of our web site require you to sign in or create an account. Your private information (which may include your name, address, email address, and other information) is not shared/sold to any individuals or organisations outside of Malt Whisky Agency unless you have authorised us to do so.
Credit card details will never be seen by the Malt Whisky Agency. All credit card transactions used within the website shall be automatically transferred to a third party website. We do not hold any credit card details.
Malt Whisky Agency collects and analyses information from people who visit our site. Information tracked may include your Internet address and which pages you visited. Personal information, such as your name and email address, is not stored in this process. By using our website, you agree to allow us to collect this information about your use of our site.
Removing your Information
Malt Whisky Agency may send email notices about new services or information to those who have registered with an email address. If you ever wish to be excluded from these mailings, please select the box relation to no future communications.
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.
At any time, users may request that their information be removed from our database by sending an email to firstname.lastname@example.org , following removal you will no longer be able to see our files and certain portions of our website.
Users may also request a copy of all information Malt Whisky Agency Limited has collected about them by signing and mailing a letter of request to the address listed below.
Malt Whisky Agency
Unit 17, IMEX Business Centre
Craig Leith Road
Broadleys Business Park
Tel: 01786 542288
© Malt Whisky Agency 2016 All Rights reserved.
A Company registered in Scotland – Company Number SC513804
VAT Registration No. 231 3946 21
We offer United Kingdom and European Union clients insurance through our courier at a cost of 3% of the accepted offer for the sale item (minimum £12) excluding postage. If insurance is not requested, it must be stated at the checkout stage of payment.
Prior to signing for the items, it must be thoroughly checked for damages or moist packaging. It is not deemed as acceptable to sign as “unchecked “or any similar statement. Complaints should be directed to the carrier and sender immediately or no damage will be considered. If damage does take place, we must be contacted immediately with photographic evidence by email to info@malt whiskyagency.com. We cannot refund if we do not have evidence of damage or breakage, if bottle is not insured
If insurance cover is not place on the goods in transit, we cannot be held responsible and no refund will be due.
Available of Website and Modifications
Malt Whisky Agency website is provided “as is” and on an “as available” basis. No warranty can be given that the Service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
The Company accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Malt Whisky Agency reserves the right to alter, suspend or discontinue any part (or the whole of) our Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise. We reserve the right to extend the time frame of the sale by a period to be decided in the unlikely event of malfunction, disruption or failure of the sale process.
Local Customs Charges
Malt Whisky Agency is not responsible for the payment of any local Customs or Duties. All invoices will be stated at their true value, no exceptions will be made.
Terminations of Agreements and Refunds Policy
We have the right to suspend or terminate your access to our service, when the terms and conditions are not adhered to. If the user has been suspended they must not attempt to enter the site under another alias.
Both parties have the right to terminate any Services Agreement for any reason, including the ending of auctions that are already underway. No refunds shall be offered, where an auction is deemed to have begun and is, for all intents and purposes, underway. Any outstanding sums that have been paid to us which constitute payment in respect of the provision of unused services shall be refunded.
Both parties discuss the value of the item and determine a minimum price which the seller will be happy to accept, for this item. At any time in the tendering process the seller has the option to accept a tender and conclude the sale of the item.
Malt Whisky Agency shall endeavour to resolve any/all disputes, as far a reasonably practical, in the shortest time possible. In cases of a dispute please notify the company as soon as possible by using the company contact details, within the website, providing as much detail as possible of the dispute.
Legally, we are obliged to retain your data for book keeping purposes by the authorities.
Third Party’s Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Malt Whisky Agency.