Terms & Conditions
Any instances where the terms “Scotch Galore Whiskies,” “we,” or “us” are mentioned within these Terms and Conditions pertain to Scotch Galore Auctions Limited, a company duly registered in Scotland under company number SC625531. The references made to “you” and “your” herein correspond to the individual or entity engaging with the Website.
1. What we offer
1.1 All parties involved acknowledge that Scotch Galore Whiskies functions as an intermediary, facilitating a third-party arrangement between Whisky sellers and buyers. When a buyer acquires Whisky from the Scotch Galore Whiskies website, the purchase is conducted from an individual seller, not directly from Scotch Galore Whiskies.
Our service encompasses the representation of our customers in the sale of their Whisky or other alcoholic goods (“Goods”) on our Website. This platform enables sellers to offer their Goods, and buyers to purchase such items via online website transactions through a third-party channel. These transactions occur within predefined lots, with each lot signifying the collection of goods made available for online purchase at any given moment.
The entirety of the sale process will be executed through our online platform, accessible via our Website, whether you are acting as a seller or a buyer. Any deviations from this standard procedure would necessitate prior approval from Scotch Galore Whiskies.
2. Selling with Scotchgalore.com
2.1 Selling your Whisky or Goods with Scotch Galore Whiskies through our online Whisky Shop incurs no charges at present. In the event of removing an item/items before they are sold, the seller will be responsible for the applicable fees prior to the items being returned. Upon a successful sale, all fees will be subtracted from the sale price, and the remaining balance will be remitted to the seller.
Starting September 2023, Scotch Galore Whiskies is introducing its new Scotch Galore Auction Site. For individuals interested in participating in the auction, the fee for entering items will be £3 per lot, accompanied by a reserve fee of £5 per lot per month. The auction will take place from Wednesday to Sunday within a predetermined timeframe. The highest bid upon auction conclusion will be deemed final, and the winning bidder is required to make payment within 72 hours of their victory. The winning bidder is responsible for covering the hammer price, along with commission and any necessary shipping and insurance costs. For instance, if the hammer price is £100 and the commission is 12%, the winner’s payment would amount to £112. Any unsold lots will automatically be re-entered into the next available Auction unless email confirmation of removal.
When engaging in sales, we will collect certain personal information including your name, email address, mobile number, and bank account details for payment processing related to any owed sums from your sales. All personal data in our possession will be managed and processed in accordance with the regulations outlined in the Data Protection Act 1998.
3. Age Restriction
3.1 Kindly be aware that participation is restricted to individuals aged 18 years or older, or in compliance with the legal drinking age in your respective country for purchasing or selling alcohol. We uphold a challenge 25 policy on both our premises and Website.
3.2 We retain the prerogative to request identification from buyers and sellers, serving the purposes of fraud prevention, thwarting underage purchases, and addressing any other lawful or legitimate concerns.
3.3 For all deliveries, it is imperative that they are accepted and signed for by an individual who meets the legal drinking age criteria in their country of residence. We maintain the right to request identification from the recipient of the delivery as part of our commitment to ensuring compliance with legal requirements.
4. Relevant Sellers terms
Transferring Goods for Sale
4.1 You have the option to either deliver the Goods to us or allow us to arrange the collection of your Whiskies/Goods. A pick-up charge will be levied, except for local pickups (the radius for local pickup will be determined by us; refer to our Delivery Information for associated costs). In the case of a local pickup, we will deduct the pickup cost from any outstanding amounts owed to you after the completion of sales. Should a customer opt to withdraw an item/items from our site, either before or after listing, they assume responsibility for all associated shipping costs (if applicable). Full settlement of shipping costs (past and present) is required before the return of the goods.
4.2 When we offer a collection service and provide transportation, it’s important to note that we won’t be held accountable for any damages or losses incurred during transit. Sellers must ensure that they have adequate insurance coverage to account for any potential losses or damages to their Goods while in transit from their premises to ours.
Authentication of Goods for Sale
4.3 Upon receiving the Goods at our premises, we will assess their quality and condition. If there are any uncertainties regarding the Whiskies/Goods, we will send you an email to address the concerns. To clarify, it is our prerogative whether to include your Whiskies/Goods on our website. If we choose not to proceed with the sale, you have the option to have the items returned at your expense or retrieve them from our premises. During transit from our premises to yours, it’s the seller’s responsibility to ensure adequate insurance coverage for any potential damage or loss to the Whiskies/Goods, and the items will be at the seller’s risk.
4.4 Sellers must ensure that the information they provide about the Whiskies/Goods they intend to sell is accurate and truthful. Nevertheless, Scotch Galore Whiskies reserves the right to craft and word listings as deemed appropriate. If inaccurate information from the seller results in the failure to sell the Whiskies/Goods, the seller agrees to cover any outstanding costs incurred by us in handling the Whiskies/Goods.
4.5 Any doubts concerning the authenticity of an item will prevent its sale. In cases where the authenticity or provenance of a Whisky/Alcohol bottle is disputed, and it cannot be verified as genuine, it will be returned to the seller. If an item is considered counterfeit or not in line with the description provided by the seller, Scotch Galore Whiskies reserves the right to reject and dispose of the item. Appropriate charges will be incurred for the removal and destruction of counterfeit or illegitimate items.
4.6 Scotch Galore Whiskies maintains the right to prohibit any seller from future use of our website and/or services if there is evidence of attempting to sell non-authentic items.
Storage of Your Whiskies/Goods in Our Premises
4.7 When items are entrusted to Scotch Galore Whiskies and subsequently stored within our facilities, we want to clarify that, to the maximum extent allowed by law, we assume no responsibility for the secure storage or preservation of such items during their temporary custody for sale or shipping purposes. It is incumbent upon sellers to secure appropriate insurance coverage for items stored.
Costs and Commission for Selling Your Whiskies/Goods through Sale
4.8 An entry fee of £0 per Bottle is applicable for each item entered into a sale.
4.9 Upon completion of the sale, our commission stands at 0% of the final purchase price.
4.10 VAT is applicable to all fees and surcharges, where applicable.
Payment to Sellers
4.11 Payments will not be processed until all outstanding sums related to the Whiskies/Goods purchase have been received. Subsequently, we will promptly disburse the owed funds to you. This payment process typically spans 7 working days and may extend further, especially in cases where Whiskies are being shipped internationally. Completion of payment is contingent upon the buyer’s contentment upon receiving the delivery.
4.12 It is possible that we may request confirmation regarding whether you are acting as a representative of a business. If you are indeed acting on behalf of a business, or if we come to the understanding that you are, a distinct set of regulations pertaining to V.A.T. on the Whisky/Goods being sold may be applicable. We retain the right to seek additional information from you concerning this matter. Moreover, we reserve the authority to enforce differing conditions on the proceeds derived from the sale of your Whiskies/Goods to ensure our compliance with pertinent regulations that govern our operations.
5. Buyers Terms
5.1 There is no requirement for registration on the Website, and no registration fees apply. The process is straightforward: you visit the website, select the desired bottle for purchase, click the buy button, follow the provided instructions, and proceed with payment. The price shown on the website encompasses the complete cost, encompassing all commission and V.A.T. charges (if applicable). Notably, shipping and insurance costs are additional.
5.2 Comprehensive descriptions of the Whiskies/Goods are furnished on the respective website pages. During any sale event, you can initiate a purchase by selecting the ‘buy’ button. It’s important to recognize that you are engaging in a real-time Whiskies/Goods sales platform and thereby agree, subject to sections 6.4 and 6.5 of these terms that each sale is definitive and non-retractable. All sales are definitive and carry legal binding. By selecting the “buy it now” button, you assume full responsibility for the sales transaction. It falls under the buyer’s responsibility to inspect the package for any signs of damage prior to accepting it (in case of damage, you must decline the package).
Costs and Commission
5.3 Our commission stands at 12%, and this amount is included in the sale price upon adding a bottle to the website. For instance, if a seller desires £100 for their bottle, a 12% commission will be added, resulting in a sale price of £112, which the buyer pays. The seller receives £100.
5.4 The successful buyer is responsible for remitting the complete purchase price of the Whiskies/Goods, along with our stipulated commission outlined in section 5.5 of these terms. Upon receipt of payment, ownership of the Whiskies/Goods transfers to the buyer.
5.5 Payment to us can be settled using a Debit or Credit Card.
5.6 VAT is applicable to commission and any applicable surcharges. It’s important to note that VAT is not applicable to the price of the Whiskies/Goods.
Buyers Delivery options
5.7 Upon receipt of payment, if delivery has been selected and paid for, we will arrange the delivery of your Whiskies/Goods to your designated location. Additionally, as the buyer, you have the option to personally collect the items from our office at Unit P, Dundyvan Industrial Estate, 15 Dundyvan Way, Coatbridge ML5 4FR during our operational hours from 10 am to 4 pm. Opting for collection grants you complimentary storage for a 30-day period following the sale date. Beyond this period, storage charges will be applicable, varying based on the individual value of the Whiskies/Goods as detailed in our Storage Rates section on the Website. If the Whiskies/Goods are not collected within 2 months from the sale date, it is mutually agreed that ownership will revert to Scotch Galore Whiskies. Throughout the storage duration, we recommend safeguarding your Whisky by availing the 3% add-on insurance option to ensure its protection while in storage. Following the initial 30 days, a storage fee of £2 per item per day will apply if items remain uncollected. If storage extends and items aren’t collected, storage insurance costs at £1 per day will be added.
In the event that you, the Buyer, select personal collection as the preferred method to receive the Whiskies/Goods but fail to arrange pickup within 14 days of purchase, and this failure or delay isn’t a result of a Force Majeure Event:
The Whiskies/Goods will be considered delivered at [9.00am] on the fifteenth (15th) day post the original purchase. b) You, the buyer, will be regarded as having appointed us as your agent to accept the delivery of the Whiskies/Goods on your behalf. c) Scotch Galore Whiskies will store the Whiskies/Goods until the delivery or collection can be completed, and the Buyer will be charged for all related costs and expenses, including insurance, as previously outlined.
5.8 The applicable Delivery charges are detailed on our website www.scotchgalore.com within the Shipping section. These charges already include VAT. It’s important to note that there are certain locations to which we are currently unable to deliver. To ascertain if we can deliver to your location, kindly review our delivery section. In cases where Whiskies/Goods are being shipped outside the UK, local taxation and customs charges may be applicable.
5.9 As the buyer, you acknowledge the inherent fragility of Whiskies/Goods, which can be affected by age, leading to deterioration or potential leakages during shipping. Given this, we strongly advise arranging a pickup of the Whiskies/Goods from our premises. Should you still opt for delivery, please understand that we relinquish all liability for leakages, breakages, or deterioration that may occur during the shipment of the Whiskies/Goods from our premises to your designated location. The onus is on you, as the buyer, to inspect the package for any damage prior to acknowledging receipt (reject the package if it’s damaged). You are responsible for securing adequate insurance coverage to account for the Whiskies/Goods during transit from our office to your chosen destination.
6. Cancellation Rights
Seller’s Right to Cancel
6.1 Sellers retain the prerogative to withdraw any lot from being offered for sale, up until the point of sale completion. Once a sale is concluded, ownership is transferred from the seller. Cancelling a lot prior to sale completion will result in a cancellation fee and any related expenses. It is at the sole discretion of Scotch Galore Whiskies to determine whether a sale or cancellation has been effectuated. Any items that are canceled prior to sale will either be returned to the seller in person or dispatched to their specified home address. We do not accommodate any involvement of third-party representatives or couriers in this process.
Buyer’s Right to Cancel
6.2 Buyers do not possess the entitlement to cancel their purchases; all sales are deemed final. In the event that a buyer neglects to retrieve their Whiskies/Goods after we have facilitated their availability for collection, and this collection isn’t executed within 14 days of the sale, the buyer will be regarded as having appointed us as their agents to accept the Whiskies/Goods in accordance with the procedure outlined above.
7. Our Rights to Cancel or Terminate the contract
7.2 In the event of our termination of a sale involving a buyer or seller, we maintain the right to prohibit these individuals from utilizing our services in the future.
8.1 Scotch Galore Whiskies makes no attempt to exclude liability in cases of death or personal injury resulting from our negligence, fraud, or breach of statutory duty.
8.2 If you are a consumer and we fail to fulfill our obligations as stipulated in these terms, we will be held accountable for the foreseeable loss or damage you endure due to our breach or our failure to exercise reasonable skill and care. However, we cannot be held responsible for any loss or damage that could not have been foreseen. Loss or damage is considered foreseeable if it is either evident that it will occur or if, at the time of the sale, both parties were aware it might occur.
8.3 While adhering to sections 9.1 and 9.2:
(a) Scotch Galore Whiskies will not be liable for any indirect or non-direct consequential loss arising within the scope of these terms.
(b) Unless specified otherwise in these terms, we disclaim any form of warranty, implied or explicit, within the confines of applicable law.
(c) Scotch Galore Whiskies restricts our overall and combined liability to the event that gives rise to the claim.
(d) Items procured from Scotch Galore Whiskies are typically sealed; however, any contents within these containers are considered incidental and purchased at the buyer’s own risk. Given that many items are aged and possess an ‘antique’ nature, Scotch Galore Whiskies disclaims any responsibility for the condition of the liquid within.
9. Safeguarding the Integrity of Our Site
In Regards to Buyers:
We maintain the authority to impose a ban on any individual and restrict their participation in selling or purchasing Whiskies/Goods through our Website for any rationale.
In Regards to Sellers:
We possess the right to decline permission to any individual to present Whiskies/Goods for sale through our Website, based on any grounds.
In cases where significant concerns arise regarding the origin or genuineness of any Whiskies/Goods, or if we have reasonable suspicion (acting within reason) that said Whiskies/Goods could be stolen property, we hold the right to retain the Whiskies/Goods until we receive confirmation from relevant authorities (including the police or Revenue and Customs), or from any entity asserting ownership. This will be upheld until we are given the authorization to release them back to you.
10. Force Majeure
Neither party shall be deemed to have breached these terms, nor shall they be held accountable for any delay or inability to fulfill their obligations under these terms, provided such delay or failure arises from events, circumstances, or causes beyond their reasonable control.
Our inability to enforce any of the stipulations outlined herein, or to exercise any right to terminate, should not be interpreted as relinquishing those provisions. Such a circumstance will not impact the validity of these terms and conditions, whether in full or in part, nor will it impede our subsequent right to uphold and enforce each and every provision.
If any of these terms and conditions is found to be invalid or unenforceable due to any reason, the provision in question will be removed from these terms, and the remaining terms will remain applicable.
13. Notification of Changes
13.1 Scotch Galore Auctions Ltd holds the prerogative to modify these terms at its discretion, with immediate effect, as and when necessary. Your ongoing utilization of the Website will indicate your acknowledgment of any alterations made to these terms. Any revisions to our policies will be publicly communicated, denoting such changes on our home page and other pivotal pages on our Website. In instances where modifications pertain to the handling of customers’ personally identifiable information, those affected by such changes will be duly notified via email or postal mail.
13.2 Nevertheless, it’s important to note that this section does not impinge upon your statutory Consumer Rights.
14. Governing Law
14.1 These terms shall be governed by the Laws of Scotland. By accessing our Website, utilizing, or procuring our services, you are deemed to have embraced these terms and conditions, thereby granting your consent to the exclusive jurisdiction of the courts of Scotland.
Checkout Terms & Conditions
Throughout the Terms and Conditions, the terms ‘Scotch Galore Whiskies,’ ‘we,’ or ‘us’ allude to Scotch Galore Auctions Limited, a registered Scottish company bearing company number SC625531. References to ‘you’ and ‘your’ pertain to the individual or entity that engages with the Website.
1. WHAT WE OFFER
1.1 Our proposition involves facilitating the sale of whisky and other alcoholic goods (“Goods”) on our Website, acting as intermediaries for our customers. Sellers can list their Goods for sale, and potential buyers can purchase these items through our online platform. This trade occurs in groups known as “lots,” where a lot signifies a collection of items available for purchase at any given moment on our online website. Deliveries will be conducted via courier services. For orders placed between Monday and Friday before 12 pm, we strive to dispatch them on the same day, aiming for next-day delivery within the UK when feasible. Following receipt of payment, sellers can anticipate payment within 7 working days. All monetary transactions will be conducted in UK Sterling.
1.2 The sales process will transpire entirely online on our Website. Whether you’re a seller or a buyer, all interactions and transactions will transpire within our digital platform. Exceptions to this arrangement can be established only with prior agreement from Scotch Galore Whiskies.
6. CANCELLATION RIGHTS
Buyers have no right to cancel their purchase all sales full and final.
A Seller’s right to cancel
6.1 Sellers retain the prerogative to withdraw any lot offered for sale until the sale is concluded. Once a sale is finalized, the ownership of the lot ceases to rest with the seller. Should a cancellation occur prior to the sale being completed, associated charges, including a cancellation fee and other relevant costs, will apply. It is at the sole discretion of Scotch Galore Whiskies to determine whether a sale has occurred or if a cancellation is warranted. Any items subject to cancellation will either be returned to the seller in person or dispatched to their designated home address. We do not entertain involvement from third-party representatives or couriers in this process.
Your right Cancel as a buyer
6.2 Buyers are not entitled to cancel their purchases; all sales are considered final. In the event that a buyer neglects to retrieve their Whiskies/Goods after we have facilitated their availability for collection, and this collection isn’t executed within 14 days of the sale, the buyer will be regarded as having designated us as their agents for receiving the Whiskies/Goods in line with the previously outlined procedure.
Scotch Galore Contact Information:
Telephone: 01236 434688 Email: email@example.com Postal Address: 15 Dundyvan Way, Coatbridge, ML54FR
For comprehensive information, kindly refer to our complete Terms and Conditions on www.scotchgalore.com.