Terms & Conditions

Last updated - March 2016

In registering to this website, and specifically by participating as a Buyer or Seller in any auction run by this website, you are deemed to have read and agreed to the following Terms and Conditions.

“Website” refers to www.whiskyhammer.co.uk – the online auction platform operating on behalf of the Company, as agent to the Buyer and the Seller.

"Client", "You", "Your", "Bidder", "Buyer", "Seller", "User" and "Yours" refers to you, the person registering to use the website and accepting the Company's terms and conditions.

"The Company", "Ourselves", "We", "Our", "Whisky Hammer" and "Us" refers to Whisky Hammer Ltd.

"Lot", “Listing”, "Item" or "Items" means any bottle(s) of whisky, whisky related item(s) or any other item(s) consigned to us with a view to its/their sale by auction online, sold by the Seller and won/purchased by the Buyer.

Where a Seller wishes to enter two or more Items into a single auction and for them to be sold together to a single Buyer, these shall be deemed to be a "Lot" for the purposes of these Terms and Conditions.

Where a Seller wishes two or more Items to be sold separately these shall be deemed to be separate "Lots" for the purposes of these Terms and Conditions.

"Legal Age" means at least eighteen (18) years old in the United Kingdom, or such other minimum age as is required in any foreign jurisdiction for the lawful purchase of alcohol.

Any use of the above terminology or other words in the singular, plural, (non-)capitalisation, and/or, he/she are taken as interchangeable and therefore as referring to the same.

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.

EXCLUSIONS AND LIMITATIONS

The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, the Company:

  • excludes all representations and warranties relating to this 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 the Company’s literature; and
  • excludes all liability for damages arising out of or in connection with your use of this 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 things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

LEGAL AGE OF BUYERS AND SELLERS

By accessing our website, and/or in registering to use this website, as a Buyer or Seller, you confirm that you are the Legal Age.

Any alcohol may only be purchased by persons who are the Legal Age.  Any registered User who bids on Lots listed by the Company agrees that any alcohol received as a Buyer will only be consumed by persons who are the Legal Age.

Any alcohol may only be sold by persons who are the Legal Age.

At delivery to the Buyer, any shipment containing an alcoholic beverage will require the signature of persons who are the Legal Age. Proof of age may be required.

We reserve the right to ask first time Buyers for identification to prevent fraud and/or underage purchases.

CONFIDENTIALITY

Client records shall be held by us in confidence and shall not be divulged to any third party other than if legally required to do so by the appropriate authorities.

Clients shall have the right to request sight of and copies of any and all client records pertaining to them and kept by us by giving us notice in writing.  We adhere to undertake to comply with any such notice within a reasonable timeframe.

We shall not sell, share or otherwise provide any third party with information personal to you or use your e-mail address for mail other than to inform you about Whisky Hammer Ltd-related business.

AUTHENTICITY OF BOTTLES SOLD AT AUCTION

By registering with Whisky Hammer you agree that any Items you decide to register to sell with the Company at auction are authentic.  We reserve the right to enquire with specialists in order to verify authenticity of bottles after registration.

Without any liability whatsoever to the Company, if, in the reasonable opinion of the Company, there is any doubt about the authenticity of a bottle, it will not be offered for auction. Upon such occurrence, it will be returned to the Seller at the Seller’s expense,.  If we consider an Item to be counterfeit or illegitimate to that described by the Seller, Whisky Hammer reserve the right to reject and dispose of any Item.  A charge of £10 will be made for the appropriate removal and destruction.  Whisky Hammer will not accept liability for claims against counterfeit bottles sold in auction.

Whisky Hammer reserves the right to ban any User from future use of the website and/or our services, where it is considered that the User has attempted to sell non-authentic goods on our website.

WEBSITE REGISTRATION

  • In order to place a bid on any Item, or to register Items to sell at auction, you must register as a User to our website
  • To register to our website, you will be asked to make a one-off payment of £3 plus VAT to provide additional comfort to us that registration is from a genuine Buyer/Seller. The website registration fee is non-refundable under any circumstances.
  • All persons registered will be expected to keep their account details strictly confidential at all times. Third parties may not use or access your account on your behalf, or for their own interests.
  • The registered person will be liable for all bids made using your account.

SELLERS

Overview

  • Seller's Listing Fee payable to the Company is £2.50 per Lot.
  • Seller's Commission payable to the Company is 5% of the final hammer price in any auction unless otherwise advertised on the Whisky Hammer home page in a period of promotion (e.g. introductory 0% Seller commission deal).
  • Seller's Optional Reserve Fee payable to the Company is £4.00 per Lot.
  • Whisky Hammer reserves the right to update or change any commission rates and fees as it may in its sole discretion deem fit.
  • All delivery costs associated with delivering Items registered for auction from the Seller to Whisky Hammer are at the expense of the Seller.
  • Notwithstanding the above, if both the Seller and the Company agree for Whisky Hammer to collect Items from the Seller on the Seller's behalf;
    • The Seller acknowledges that Whisky Hammer will not take responsibility for any damage or loss caused during transportation of any bottle(s), with the exception of where it can be demonstrated that such loss has occurred as a direct result of negligence by employees or directors of Whisky Hammer Ltd; AND
    • A mileage fee of £0.40 per mile from and to the Whisky Hammer headquarters at AB41 9RD may (at our sole discretion) apply
  • VAT is applicable to all fees and surcharges but not applicable to the hammer price of any lot sold under auction.  Whisky Hammer accounts for VAT using the Auctioneers Margin Scheme.
  • The Seller should ensure that the relevant insurance cover is provided until the Items reach us.  
  • Any payments incurred by Whisky Hammer in respect of UK customs/duties payments arising from items entering the UK from a Seller located outwith the UK will be surcharged to the Seller.
  • Whisky Hammer reserves the right to, for any listing, prepare the Lot description and upload photographs captured by Whisky Hammer employees or directors.
  • Whisky Hammer reserve the right to refuse to accept Items to sell at auction if we have reasonable cause for believing that;
    • Any information concerning the lot given to us by you or on your behalf is inaccurate or misleading in any material respect; or
    • The Lot is a forgery
  • In the event of Whisky Hammer refusing to accept Items to sell at auction in line with the terms set out in the previous bullets, the Seller shall remain liable to us for any expenses incurred by us, including storage charges of £2 per day for such time that said Lot was held by Whisky Hammer.
  • Sellers are strictly forbidden to bid on their own Items and/or have relatives and/or friends artificially increase an Item’s value.  Whisky Hammer reserves the right to cancel any auction whereby illegal bidding is considered to have taken place.  In this scenario, Whisky Hammer reserve the right to charge a further administration charge of £30 to any Items that are cancelled and return to the Seller as a result of illegal bidding.  All costs of returning the Items to the Seller will also be owed by the Seller to Whisky Hammer in the event of Items returned to the Seller for any reason unless otherwise agreed between the Seller and Whisky Hammer.
  • Following the release of any special, limited edition, bottles, Whisky Hammer reserves the right to only accept 1 bottle per customer per auction and to accept no more than 5 of any of the same bottles per auction from all Sellers.  In this scenario, we would suggest and offer to the Seller to list these Items in the following auction.
  • We do not currently offer any special commission or shipping rates for auctioning whisky miniatures, unless otherwise explained in the Lot description.
  • We do not accept Cask Ends, Bell's Decanters or cream liqueurs for auction.
  • All goods are sold using the Auctioneers' Scheme for VAT

We are selling the Lot on your behalf as your agent and you hereby undertake to us that:

  1. you are the legal owner of the Items to be sold at auction, or if you are not the owner (whether or not you have notified us that you are acting as an agent for a disclosed or undisclosed principal) that you are duly authorised by the de facto owner of the Items to sell them;
  2. you sell the Items with full title guaranteed free from all liens, charges, encumbrances or third-party claims;
  3. you have notified us in writing of any material alteration to the Item and have provided us accurately with all information (including any concerns expressed by third-parties relating to the authorship, attribution, condition, provenance, authenticity, age, suitability, quality and origin of the Items) in relation to the Items, or any description of it, of which you are aware or which is in your possession or of which any principal for whom you act in relation to the Items is aware or possesses;
  4. unless you notify us in writing to the contrary at the time the Item(s) is/are delivered to us, there are no restrictions (whether copyright or otherwise) affecting the Lot, or which would prevent us reproducing any photographs or any text of any information or description of, about or relating to the Items provided by you or on your behalf;
  5. all information submitted with the Items is accurate and truthful
  6. you are aware that the goods will be sold under the Auctioneers' Scheme for VAT
  7. you are an eligible seller (not VAT registered) selling eligible goods as defined under the Auctioneers' Scheme for VAT

Responsibility for the Lot

We accept responsibility to the Lot after it has been received by Whisky Hammer at our unit in Ellon, Aberdeenshire.  We are not liable for any damage, loss or destruction of the Lot while in transit to us.

We accept responsibility for any damage, loss or destruction of the Lot whilst said Lot has been received by Whisky Hammer at our unit in Ellon, Aberdeenshire, arising as a result of any act or omission (whether negligent or otherwise) by any employee or director of the Company (excluding damage, loss or destruction caused by Acts of God or terrorism).

After the auction has finished, and as soon as the Buyer has paid and the Lot is despatched, risk shall transfer to the Buyer and the Buyer accepts liability for any damage, loss or destruction of the Lot while in transit to them, and thereafter.

Appropriate insurances are in place to cover our legal responsibilities.

Whisky Hammer reserves the right to take over ownership and re-sell any goods which remain within the premises of Whisky Hammer after a period of 3 months whereby the buyer and/or seller has not made arrangements to pay for or collect such goods.

Indemnities Given By The Seller

The Seller agrees to indemnify us against any and all claims, proceedings, liabilities, costs, expenses or losses against the Seller and/or the Company arising from:

  1. any actual or alleged breach of any undertaking or obligation by the Seller to us or the Buyer, whether by act or omission (including negligent act or omission) or otherwise;
  2. any personal injury (including death and disease), loss or damage caused to any person by an Item;
  3. the exercising of any of our rights, powers and/or duties permitted to us by these Terms and Conditions;
  4. our receiving or recovering (or seeking to recover where you have authorised us to do so) or our failure to recover (provided we have taken reasonable steps to do so) any successful bid price obtained;
  5. your fraud and our exercising of any of our rights or powers in the event of fraud;
  6. any error, mis-description or omission in any description (whether negligent or otherwise) of the Lot by you (including return of an Item by the Buyer and/or the Company pursuant to these Terms and Conditions).
  7. any error, mis-description or omission in any description of the Lot by the Company so long as it was not caused by a breach of our duty to you under these Terms and Conditions to exercise reasonable care and skill.
  8. the accessing of the website.

Reserves

Placing a reserve price on any Lot is optional, and will incur an additional charge of £4 + VAT per Item.  A reserve price 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 reserve price.

Reserve prices will be kept private from Users viewing the Lot, unless specifically requested by the Seller.

If any Reserve price is not met at the end of an auction, and the Lot remains unsold, Whisky Hammer will contact the Seller to arrange either to a) relist the unsold Lot in the subsequent Whisky Hammer auction, with the ability to change or remove reserve price OR b) return the Lot to the Seller.

If the Seller choses to have their Lot returned to them in the event of a reserve price not being met and the Lot not being sold, all costs associated with returning the Lot to the Seller will be owed by the Seller to Whisky Hammer.

Payment to Sellers

If you are a successful Seller, we will not process your payments until; 1) the Buyer has paid us and 2) has received their bottle(s) and is satisfied that our descriptions were accurate. 

Payments will begin as soon as possible and in any event we will ensure that Sellers are fully notified if payment is unlikely to be received by the Seller with 21 business days after the auction ending.

Payments from the Company to the Seller can be made using direct bank transfer or via PayPal. Please note, payments through the SWIFT system attract a £15 charge.  Any fees associated with receiving funds following the auction are borne by the Seller.

Seller Cancellation

Any cancellation must be notified by the Seller at least 24 hours before the start time of the auction that the lot was due to be made available in.  The Company reserves the right to charge an administration fee of £30 (+VAT) for any cancellations.  Note that all fees paid by the Seller are non-refundable in the event of a cancellation. 

Please note that the Consumer Protection [Distance Selling] Regulations 2000 do not apply to Items sold by auction and are therefore not applicable to any Items purchased via this website.

SELLER LOYALTY PROGRAMME: “HAMMER STAMPS/POINTS”

  • A Seller will receive a Hammer Stamp for each Lot that is sold at a hammer price of at least £10
  • Each awarded Hammer Stamp will have a value in the form of Hammer Points (“HP”)
  • HPs are calculated by rounding the sold Lot to the nearest £5, at a minimum of £10, and applying 1 HP per £10 of hammer price, in increments of 0.5 HPs
  • For example…
Lot # Hammer Price Hammer Points (HP) 1 per £10 Hammer Price Comments
1 £16.00 1.5 Rounded to nearest £5 (£15)
2 £7.00 0 No Hammer Stamp awarded - minimum Hammer price of £10 applies
3 £110.00 11  
4 £330.00 33  
  • In the above example, the Seller has achieved 3 Hammer Stamps, valued at a total of 45.5HPs
  • HPs are only awarded in the event of Seller commission being paid to Whisky Hammer, i.e. no HPs are awarded in the event of a Lot not being sold for any reason, including; by failing to attract bids or failing to reach a reserve price set by the Seller.
  • The value of HPs achieved on each Hammer Stamp will be shown to a registered User within their account, under the 'My Hammer Points' section.
  • HPs are available to convert to credits which can be used to offset future lot registration or lot reserve fees due by the seller to the Company.
  • Conversion of HPs to credits can only be done after collecting at least 10 Hammer Stamps, and will increase in conversion value at each conversion tranche of 10, 20, 30, 40 and 50 Hammer Stamps.
  • The User can decide to convert HPs to credits as soon as they have received 10 stamps, or continue to save towards higher value tranches.

 

Conversion of HPs to credits after saving... Conversion Factor (HP to Credit value) Equivalent Seller's commission returned to Seller via credits
10 Hammer Stamps 1HP = £0.05 10%
20 Hammer Stamps 1HP = £0.10 20%
30 Hammer Stamps 1HP = £0.15 30%
40 Hammer Stamps 1HP = £0.20 40%
50 Hammer Stamps 1HP = £0.25 50%
  • Any activated credit will be deducted against Seller's fees (lot registration or reserve fees) that becomes owed to the Company as a result of further Lots sold by the registered Seller who converted their HPs to Credits.
  • Neither Hammer Points, Hammer Stamps or Credits can be exchanged for a monetary value.
  • The benefit of HPs only become available after conversion to Credits AND subsequent registered Lots, whereby Seller’s lot registration or reserve fees will be reduced to the extent of the value of activated credits available on the Seller’s account.
  • After any registered User has converted eligible Hammer Stamps to Credits, the Hammer Stamps will be removed from the User account.  For example, if a User has achieved 13 Hammer Stamps and decides to convert at the 10 Hammer Stamp tranche, the User will have 3 Hammer Stamps remaining plus Credits to the value of the first 10 Hammer Stamps collected.
  • Whisky Hammer reserves the right to add, subtract or adjust Hammer Stamps and Hammer Points of any User as reasonably required
  • The maximum Hammer Stamps available to be saved by any Seller at any one time is 50.  If more than 50 bottles are entered into a single auction, HPs will be calculated on the 50 lowest value hammer prices.  The same rule will apply if a registered Seller has exceeded 50 Hammer Stamps in any given auction – for example a Seller has already saved 30 Hammer Stamps and lists 40 bottles at auction – in this scenario HPs will be calculated on the 20 lowest value hammer prices.
  • Credits will expire depending on which tranche the Credits were converted from, as show below
    • Credits converted at 10 Hammer Stamps – credits will expire after 3 subsequent auctions
    • Credits converted at 20 Hammer Stamps – credits will expire after 4 subsequent auctions
    • Credits converted at 30 Hammer Stamps – credits will expire after 5 subsequent auctions
    • Credits converted at 40 Hammer Stamps – credits will expire after 6 subsequent auctions
    • Credits converted at 50 Hammer Stamps – credits will expire after 7 subsequent auctions

BUYERS

Overview

  • Buyer's Commission payable to the Company is 10% of the final hammer price in any auction.
  • Payment surcharges may apply if paying by credit card, or by using third party payment sites, such as Paypal.
  • Delivery charges will vary, if applicable, depending on the item destination and weight of Items won/purchased
  • VAT is applicable to all fees, delivery charges and payment surcharges but not applicable to the hammer price of any Lot.  Whisky Hammer accounts for VAT using the Auctioneers Margin Scheme.
  • Buyers situated out with the EU are not subject to VAT.
  • We are 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.
  • Whisky Hammer reserves the right to update or change any commission rates and fees as it may in its sole discretion deem fit.
  • All lots are bought and sold using the Auctioneers' Scheme for VAT

Online Bidding Process

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.

To place a bid, a registered User must enter their maximum bid into the box shown on any Lot page.  Whisky Hammer will automatically bid on the Item on your behalf, up to the maximum bid entered, by using the following incremental bidding rules;

Minimum next bid Increment
£0 - £9.99 £1.00
£10 - £49.99 £2.50
£50 - £99.99 £5.00
£100 - £499 £10.00
£500 - £999 £20.00
£1000 - £2499 £25.00
£2500 - £4999 £50.00
£5000+ £100.00

The highest bid placed on any item at the time of which the auction closes will be deemed the winning bid, assuming that such winning bid is greater than any optional reserve price that has been set on the Lot by the Seller.  The Buyer will receive an email notification of any winning bid and will accept all responsibility of bids placed via your account in accordance with these terms and conditions.

Whisky Hammer reserves the right, to the fullest extent legally permissible, to reject any registration, reject any bid placed, alter reserves and to withdraw permissions for a User on our website.

At the end of each auction, any bids placed on a Lot within the last 5 minutes of the auction timer will prolong the current auction of that Lot by a further 10 minutes.  This is to ensure that ‘sniping software’ cannot be used on any of our auctions.

Whisky Hammer reserve the right to extend the auction timer by any length at any point during the auction, and under any event, specifically if the website is not accessible at the initially proposed auction end time.

Buyer Payment / Responsibilities

After the auction has ended, the Buyer is responsible to access his account and select shipping (including the option to collect) preferences, at this point the Buyer should promptly complete the payment process.

Payment must be made by the Buyer, in full, for the hammer price of Items purchased/won, including all fees, surcharges and delivery fees advised within 3 days of the auction end date and time.  Any monies owed to Whisky Hammer after this will incur late payment interest at a rate of 2% above the prevailing Bank of England's base rate on the outstanding balance until such time as the balance is paid in full and final settlement.  After 3 days if the end of the auction, Whisky Hammer has absolute discretion and may decide to cancel the contract without any liability to the Buyer whatsoever, and offer the Items for future auctions. 

Whisky Hammer reserves the right to offer any Lot to the second-highest bidder in the event of a cancelled contract, subject to agreement with the Seller of said Lot.

After the Buyer has paid for the Item and immediately upon Whisky Hammer having dispatched the Item, ownership of the Item transfers to the Buyer along with all risks and rewards associated with transfer to the Buyer. 

Whisky Hammer reserves the right to destroy or acquire goods which remain within the premises of Whisky Hammer after a period of 6 months whereby the buyer and/or seller has not made arrangements to collect the goods.

Indemnities Given By The Buyer

The Buyer agrees to indemnify us against any and all claims, proceedings, liabilities, costs, expenses or losses against the Buyer and/or the Company arising from:

  1. any actual or alleged breach of any undertaking or obligation by the Buyer to us or to the Seller, whether by act or omission (including negligent act or omission) or otherwise;
  2. any personal injury (including death and disease), loss or damage caused to any person by an Item;
  3. the exercising of any of our rights, powers and/or duties permitted to us by these Terms and Conditions;
  4. your fraud and our exercising of any of our rights or powers in the event of fraud;
  5. 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 these Terms and Conditions to exercise reasonable care and skill.
  6. the accessing of the website.
  7. any damage to an Item arising as a result of any act or omission of the Buyer or any other person (whether negligent or otherwise) during such time as the Item is in the possession of the Buyer.

Buyer Cancellation

After receiving the Items, the Buyer has a 5 day cancellation period whereby the Items can be fully refunded only if the Items did not meet the description as shown on the auction listing.  Please note that the Consumer Protection [Distance Selling] Regulations 2000 do not apply to Items sold by auction and are therefore not applicable to any Items purchased via this website.  If the buyer opts to utilise the storage facility at checkout, any rights to cancellation and refund is void.

If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible. You shall be liable for any loss or damage to the Item arising as a result of any act or omission of you or any other person (whether negligent or otherwise) during such time as the Item is in your possession.

Subject to the other provisions of these Terms and Conditions, once you have notified us that you are cancelling your contract, and we have agreed that the cancellation request is valid and in line with the terms stated above, any sum debited by us from your credit or debit card will be re-credited to your account as soon as possible after the item(s) are received by Whisky Hammer.  Subject to the other provisions of these Terms and Conditions, refunds will be processed within 30 days of cancellation.

After Sale

The Buyer must complete the payment within 3 days of the auction ending, once payment is complete title of the property will pass to the Buyer.  If payment is not received within this time please refer to our terms above.

Although we strive to ensure that you receive your item in perfect condition, due to the various ages of bottles and their seals, condition of liquid is at the Buyer's risk and no claim can be lodged against failure/leakage in transit. The Buyer shall bear all risk in respect of loss or damage to an Item in transit.

Items offered for sale may contain damage in the form of tears, rips, stains, scratches, dents, rust and more on bottles and boxes.  We attempt to highlight this damage within the lot description however if it is clearly visible within the images displayed the Buyer has been deemed to have seen this damage and has no claim or right to a refund.

DELIVERY

Please see our shipping page which sets out our delivery charges.  Please note that delivery charges shown are based on 1 bottle = 2kg.  This is the weight of a standard bottle of whisky in a normal box.  Lots with, for example, presentation boxes or larger/numerous bottles, may incur additional shipping charges – in this scenario, any additional charges will be advised on the Lot description and hence is assumed to be understood prior to any bid being placed.

Please note that although we endeavour to ship to as many locations as possible, we are not liable to ship or deliver to all locations.  If you are unsure if we can ship to your location, please contact us in advance of placing any bid.

We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions.

We will aim to ensure delivery of the Items bought within 14 days of receiving payment, not the date that the auction ends.

Please note whisky bottles in transit cannot be insured by the courier. By paying for bottles you accept that Whisky Hammer has no responsibility or liability for breakages or leakages. 

Insurance can be added at checkout at a charge of 3% of the hammer price.   Insurance is provided by Catlin Insurance.

Before signing for the goods all parcels are to be checked carefully.  If the package is damaged or wet, sign the courier's sheet in accordance with the actual condition.  It is not sufficient to sign "unexamined".  Written complaint must be made to the carriers and the senders immediately, otherwise no claim can be considered.

Local taxation, customs and duties may apply with bottles being shipped outside the UK - these charges are to full responsibility of the Buyer.  Whisky Hammer is not responsible for payment of such charges.

Please note that Whisky Hammer cannot be held responsible for any delays or seizures by customs or any other third party, including couriers.  It is your duty to adhere to local custom, rules and laws for your own county.

Whisky Hammer reserves the right to update delivery charges as required, but not whilst an auction is live.

Whisky Hammer can offer storage for Buyers to enable them to buy enough bottles to reduce the average delivery cost per bottle.  We will offer free storage in our secure unit for a period of 4 months after an auction end date, and thereafter a storage fee of £2/day per bottle may apply.  The idea is to allow Buyer's the buying selection from 4 subsequent auctions to then ship a larger quantity of bottles and reduce average delivery cost per bottle.

Please note that any rights to refunds/returns are void if storage is selected as delivery method at checkout.

COLLECTION

The Buyer is able to collect their Items from our office at Unit 1, Ellon Business Centre, Broomiesburn Road, Ellon, AB41 9RD during our operating hours, free of charge.  If collection is the preferred method to the Buyer storage is provided for a period of 14 days from the end of the auction.  Storage thereafter will be charged at a rate of £2.00 per day. Items can be collected between 10am and 5pm Monday-Friday (Excl. 12:30-13:30) - please note that alcohol cannot be collected before 10am due to licensing laws.

Availability

You are 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 the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.

Log Files

We use 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 the Company 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.

Cookies

Like most interactive websites the Company’s website [or ISP] uses cookies to enable us to retrieve User details for each visit. Cookies are used in some areas of our website to enable the functionality of this area and ease of use for those people visiting.

Links to this website

You may not create a link to any page of this website without our prior written consent. 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

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and we 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 website and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this website or accessed through this website yourself, before disclosing any personal information to them. This Company 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.

Copyright Notice

All intellectual property rights arising from this website and its content shall to the fullest extent permissible by law vest in the Company.

Communication

Contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone numbers.

This Company is registered in Scotland, Number SC512144, registered office Unit 1, Ellon Business Centre, Broomiesburn Road, Ellon, AB41 8AL.

Force Majeure

Neither party shall be liable to the other for any failure to perform (whether temporarily or permanently) any obligation under any Agreement which is due to a Force Majeure event which is beyond the control and without fault or negligence of the Party affected and which, by the exercise of reasonable diligence, the said Party is unable to provide against. For the purposes of this section, a Force Majeure event shall include 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 man-made eventuality outside of our control,. For the avoidance of doubt, an inability to perform arising out of a lack of financial resources shall not constitute Force Majeure. Any Party affected by such event shall forthwith inform the Company of the same and the two shall agree a mutually acceptable course of action to minimise any effects of such occurence.

Waiver

Failure of either Party to insist upon strict performance of any provision of these Terms and Conditions or any agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled here under shall not constitute a waiver thereof and shall not cause a diminution of the obligations under these Terms and Conditions or any agreement. No waiver of any of the provisions of these Terms and Conditions or any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Notification of Changes

These terms and conditions form part of the agreement between the Client and Whisky Hammer Ltd. 

Subject to the below, the Company reserves the right to change these conditions 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 privacy policy, 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.

Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

Notwithstanding the above, your statutory Consumer Rights are unaffected by this section.

PRIVACY POLICY

Whisky Hammer Ltd recognises your right to privacy. Any information we collect about you remains private and is used in accordance with the Data Protection Act 1998 (as amended). Certain portions of our website (www.whiskyhammer.co.uk) may 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 with any individuals or organisations outside of Whisky Hammer Ltd unless you have authorised us to do so.

Credit cards

Whisky Hammer Ltd does not hold any credit card records for people who use this website. If you buy at auction using a credit card, you will be taken to a secure third party site which handles all our transactions. Your credit card information is never seen by us. The Company shall not be in any way liable for loss or damage arising as a result of any such use of third party sites by you.

User Information

Whisky Hammer Ltd does collect and analyse 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 www.whiskyhammer.co.uk, you agree to allow us to collect this information about your use of our website.

Removing your information

Whisky Hammer Ltd 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 send an email message to sales@whiskyhammer.co.uk with a request that you be dropped from future emailings.

At any time, Users may request that their information be removed from our database by sending an email to sales@whiskyhammer.co.uk.  After you have been removed from our files, certain portions of our website may no longer be available to you.

Users may also request a copy of all information Whisky Hammer Ltd has collected about them by signing and mailing a letter of request to the address listed below.

If you have any further questions about this website or privacy policy, please contact:

Whisky Hammer Ltd

Unit 1, Ellon Business Centre

Broomiesburn Road

Ellon, AB41 9RD

Tel: +44(0) 1358 878070

Email: sales@whiskyhammer.co.uk