5. Buyers Terms
5.1 There is no need to registered with the Website there is no registration fees you simply visit the website choose the bottle you wish to buy click the buy button follow the instructions and make your payment. Price displayed on the website is total price this includes all commission and V.A.T. shipping is an extra cost.
5.2 A full description of the Whiskies/Goods shall be given on the website page. During any sale you can buy a lot by clicking the ‘buy’ button. You acknowledge that you are buying in a live Whiskies/Goods sales website and agree that, each sale is irrevocable and cannot be cancelled. All sales shall be final and binding. You accept total liability for sales submitted via you clicking the buy it now button.
Costs and Commission
5.3 Our commission is 10% this is added to sale price at time of entering a bottle on to the website i.e. seller wants £100 for their bottle 10% commission added plus vat on commission equals sale price of £112 price paid by buyer.
5.4 The successful buyer is obliged to pay to us the purchase price of the Whiskies/Goods plus our commission as set out in section 5.5 of these terms in full. Once payment is received, title of the Whiskies/Goods will pass to the buyer.
5.5 Payment to us can be made by Debit or Credit Card.
5.6 VAT is applicable on commission and surcharges. Please note VAT is not applicable to the price of whiskies/Goods.
Buyers Delivery options
5.7 After payment has been received we will deliver your Whiskies/Goods to you if you have paid for delivery. You the buyer are also able to collect these items from our office at Unit P, Dundyvan Industrial Estate, 15 Dundyvan Way, Coatbridge ML5 4FR during our opening hours 10am to 5pm. If you prefer to collect we will offer storage free for a period of 90 days after the sale date. Storage thereafter will be charged at a rate depending on the individual value of the Whiskies/ Goods as set out in our Storage Rates section of the Website. Failure to collect Whiskies/Goods within 1 year of point of sale it is agreed by all parties that ownership of Whiskies/ Goods will revert to Scotch Galore Whiskies.
If your preferred method of receiving the Whiskies/Goods collection is in person and you the Buyer fails to arrange for pickup of the Whiskies/Goods within 14 days of purchase then, except where such a failure or delay is caused by a Force Majeure Event;
- a) It will be deemed that the Whiskies/Goods have been delivered at [9.00am] on the fifteenth (15th) day after the day of original purchase.
- b) You the buyer or the buyer’s agent shall be deemed to have nominated us as your agent to accept delivery of the Whiskies/Goods on your behalf.
- c) Scotch Galore Whiskies shall store the Whiskies/Goods until you can complete the delivery or collection and we will charge the Buyer for all costs related and expenses incurred [including insurance] as set out above.
5.8 The Delivery charges have been set out in our website www.scotchgalore.com under the Shipping section. Delivery charges are inclusive of VAT. Please note that we are currently unable to deliver to all locations. If you have any queries regarding shipping please check out our deliver section to confirm we can deliver to your location. Local taxation and customs charges may apply with Whiskies/Goods being shipped outside the UK.
5.9 You the buyer or the buyer’s agent acknowledges that due to the nature of Whiskies/Goods, which are sometimes fragile due to age, there may be deterioration or leakages of the Whiskies/Goods during shipping and we recommend that you arrange pick up of the Whiskies/Goods from our premises. Should you prefer deliver of the Whiskies/ Goods, we are excluded from all and any liability from any such leakages, breakages or deterioration, which may arise from the Whiskies/Goods being shipped by us from our premises to your premises. In the event that you the buyer or the buyer’s agent arranges a carrier for delivery it is agreed that all the risk and responsibility of the Whiskies/Goods will transfer to your nominated carrier. On collection by the carrier of the Whiskies/Goods from our premises at this point we are exclude from all and any liability for loss or damage to the Whiskies/Goods thereafter including and during transit to the buyer’s premises. It is your responsibility as the buyer to have the adequate insurance in place to cover the Whiskies/Goods during transportation from our office to your desired location.
6. Cancellation Rights
Your right Cancel as a buyer
6.1 Buyers have no right to cancel their purchase all sales full and final. If the buyer fails to collect their Whiskies/Goods after we have made them available for collection and does not do so within 14 days of the sale, then the buyer shall be deemed to have nominated us as its agents to receive the Whiskies/Good and set out in section 5.10 above.
7. Our Rights to Cancel or Terminate the contract
7.2 If we terminate a sale with a buyer or seller, we reserve the right to exclude such parties from using our services again.
8.1 Scotch Galore Whiskies does not attempt to exclude its liability for death or personal injury suffered by you and which is caused by our negligence, fraud or breach of statutory duty.
8.2 Where you are a consumer and we have failed to comply with our obligations under these terms, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach or our failure to use reasonable skill and care, 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 sale was made, we both knew it may happen.
8.3 Subject to 9a and 9b
(a) Scotch Galore Whiskies shall not be held liable for indirect or none indirect and consequential of loss arising under or in relation to these terms;
(b) except as otherwise stated in these terms, we exclude any warranties of any kind, implied or express, under or in relation to these terms in so far as we are able to do so under applicable law; and
(c) Scotch Galore Whiskies limits our entire and aggregate liability to you under or in relation to these terms to event giving rise to the claim.
(d) Items purchased from Scotch Galore Whiskies are sealed were possible, the contents of these containers are incidental and bought at the buyers risk. Scotch Galore Whiskies maintains no responsibility for the condition of the liquid as many items are aged and of an ‘antique’ nature.
9. Safeguarding the Integrity of Our Site
As regards buyers
We reserve the right to ban any person and prohibit such person from selling or buying Whiskies/Goods through our Website for any reason.
As regards sellers
- 9a We reserve the right to refuse to allow any person to offer Whiskies/Goods through our Website for any reason.
- 9b Where there are potentially serious issues arising from the provenance or authenticity of any Whiskies/Goods, or we believe (acting reasonably) that such Whiskies/Goods may be stolen property, we reserve the right to retain the Whiskies/Goods until we have confirmation from the authorities (including the police or Revenue and Customs) or any party claiming ownership until we are free to return them to you.
10. 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 if such delay or failure result from events, circumstances or causes beyond its reasonable control.
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.
In the event that any of these terms and conditions are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from these terms and the remaining terms shall continue to apply.
13. Notification of Changes
13.1 Scotch Galore Auctions Ltd reserves the right to change these terms with immediate effect from time to time as it sees fit 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. If there are any changes in how we use our Website customers’ personally identifiable information, notification by email or postal mail will be made to those affected by this change.
13.2 Notwithstanding the above, your statutory Consumer Rights are unaffected by this section.
14. Governing Law
14.1 The Laws of Scotland shall govern these terms. 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 courts of Scotland.