Terms & Conditions
All references in the Terms and Conditions to ‘Scotch Galore Whiskies , ‘we’ or ‘us’ refer to Scotch Galore Auctions Limited, a company registered in Scotland with company no: SC625531. References herein to ‘you’ and ‘your’ mean the person or entity that uses the Website.
1. What we offer
1.1 We offer to sell on behalf of our customers on our Website whereby the sellers may sell their whisky or other alcoholic goods (“Goods”) and a purchaser may purchase such Goods by way of purchasing through online website sale. These will be sold and purchased in lots, with one lot meaning the goods made available to purchase by online website sale at any one time.
1.2 The sale will take place online on our Website and whether you are a seller or a buyer, all transactions will take place on our Website. Unless agreed by Scotch Galore Whiskies in advance.
2. Selling with Scotchgalore.com
2.1 There is no cost involved with selling your Whisky/Goods with Scotch Galore Whiskies on the Website.
2.2 When selling we will ask you to provide some personal information such as your name, email address, mobile number and bank account details for payment purposes of any sums due to you from any sales. All personal data held by us shall be held and processed in accordance with the Data Protection Act 1998.
3. Age Restriction
3.1 Please note that you must be over the age of 18 years old (or the legal age within your own country to buy or sell alcohol) we operate a challenge 25 on our premises and Website.
3.2 We reserve the right to ask buyers and sellers for identification to prevent fraud, underage purchases and/or any other legal or legitimate purpose.
3.3 All deliveries must be signed for by a person of legal drinking age in your country of residence and we reserve the right to ask for ID from the person receiving the delivery.
4. Relevant Sellers terms
Transferring the Goods to Us for Sale
4.1 You can deliver the Goods to us, or we can arrange for the collection of your Whiskies/Goods. A pick-up charge will apply unless pickup is local ( Local pickup distance to be determined by us ) we will simply remove pickup cost from any moneys owed to you after sales are completed.
4.2 When we offer a collection service and provided transport, we do so on the understanding that we will not be held responsible for any damage or losses during transportation. The seller must ensure that they have sufficient insurance in place to cover any losses or damages to their Goods during transportation from the seller’s premises to our premises.
Authentication of Goods for sale
4.3 When we receive the Goods at our premises, we will review the quality and the condition of the Whiskies/Goods and shall thereafter send you an email only if we are in any doubts about the Whiskies/Goods we’ve received . For the avoidance of doubt, it is our decision whether to add your Whiskies/Goods to our website and in the event we do not wish to sell your Whiskies/Goods, these will be returned to you at your cost or you may pick them up from us at our premises (in which case the terms of section 5.10 below shall apply). The seller must ensure that they have sufficient insurance in place to cover any damage to, or loss of, Whiskies/Goods during transportation from our premises to the seller’s premises and the Whiskies/Goods shall be at the Seller’s own risk.
4.4 Sellers shall ensure that all information that they submit with their Whiskies/Goods that they wish to sell is accurate and truthful. Notwithstanding the foregoing, Scotch Galore Whiskies reserves the right to prepare and wording any listing as they deem appropriate. Any inaccurate information provided by the seller relating to the Whiskies/Goods may result in the Whiskies/Goods failing to sell in which case the seller agrees to be liable and pay for any and all outstanding costs incurred by us in the handling of the Whiskies/Goods.
4.5 If we are in any doubt as to the authenticity of any item, it will not be offered for sale. In the event of a dispute arising over the provenance or authenticity of any bottle of Whisky/Alcohol, if it cannot be proved to be genuine, it will be returned to the seller. If we consider an item to be counterfeit or illegitimate to that described by the seller, Scotch Galore Whiskies reserves the right to reject and dispose of such an item. A reasonable charge will be made for the appropriate removal and destruction of any counterfeit or illegitimate items.
4.6 Scotch Galore Whiskies reserves the right to ban any seller for future use of our website and/or our services, where it is considered that the seller has attempted to sell non – authentic items.
When we hold your Whiskies/Goods in our Premises
4.7 Items which are provided to Scotch Galore Whiskies and are then stored in our facilities. Scotch Galore Whiskies accepts no responsibility, to the maximum extent allowed by law, for the safe storage or preservation of any items whilst in its temporary custody for the purposes for sale or shipping. Sellers should have appropriate insurance in place for storage of items.
Costs and Commission for Selling your Whiskies/Goods via Sale
4.8 We charge £0 per Bottle entered into each sale.
4.9 On completion of the sale, our commission is set at 0% of the final purchase price.
4.10 VAT is applicable on all fees and surcharges.
Payment to Sellers
4.11 We will not process your payments until we have received all sums due in relation to the purchase of the Whiskies/Goods, after which we shall remit monies due to you as soon as reasonably practicable.
4.12 We may ask you to confirm whether you are selling on behalf of a business, If you are selling on behalf of a business, or we come to believe that you are doing so, then different set of rules may apply as to V.A.T. on the Whisky/Goods that you are selling, and we do reserve the right to ask for further information from you in this regard and also to apply different set of conditions to the proceeds of sale of your Whiskies/Goods in order to allow us to comply with the relevant rules that we are subject to.
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, subject to section 6.4 and 6.5 of these terms, 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 collection 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 delivery 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 located.
6. Cancellation Rights
A Seller’s right to cancel
6.1 Sellers have the right to cancel any lot provided for sale right up to the point of sale. After a sale has been completed it is no longer the seller’s property. Cancellations made before point of sale will involve a cancellation fee and any other incurred costs. It will be Scotch Galore Whiskies decision and final decision if a sale or cancellation has taken place.
Your right Cancel as a buyer
6.2 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 sections 9.1 and 9.2:
(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
- We reserve the right to refuse to allow any person to offer Whiskies/Goods through our Website for any reason.
- 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.