We will soon be taking submissions for the Tasmanian Whisky Week 2020 Rare Whisky Auction.
TERMS AND CONDITIONS
DEFINITIONS AND INTERPRETATION
“Association” means the TWSA and “ourselves“, “we“, and “us” have the corresponding meaning.
“Buyer” is the person who has successfully bid on a Lot, and “Bidder” has the corresponding meaning prior to being successful in winning the Lot.
“Client” means the individual accessing the website, taking part in any auction, and accepting these Terms and Conditions, and “you” and “yours” have the corresponding meaning.
“Courier” means the delivery company used by the Association to fulfil delivery of Lots. This may vary according to location of delivery address.
“Legal Age” means the age at which alcohol may be purchased by and/or sold by or to persons in Australia or such other minimum age as is required in foreign jurisdictions.
“Lot” means any bottle of whisky or whisky-related product consigned to us with a view to its sale by auction, whether online or otherwise. 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.
“Seller” is the person who offers the Lot for sale.
LEGAL AGE OF BUYERS AND SELLERS
By accessing this website and participating in the auction as a Buyer or Seller, you confirm that you are of the Legal Age.
Any alcohol may only be purchased by persons who are of the Legal Age. Any person who bids on Lots listed by the Association agrees that any alcohol received as a Buyer will only be consumed by persons who are of the Legal Age.
Any alcohol may only be sold by persons who are of the Legal Age.
At delivery to the Buyer, if not collected in person, any shipment containing an alcoholic beverage will require the signature of persons who are of the Legal Age. Proof of age may be required by the Courier. If this is not shown, delivery may be refused by the Courier at their discretion.
Proof of age may be required by the Association or its agents if Lots are collected in person.
The laws of Tasmania govern these terms and conditions. By accessing this website, and participating in the auction, you consent to these terms and conditions and to the exclusive jurisdiction of the Tasmanian courts in all disputes arising out of such access.
In the event that any of these terms are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
Failure of the Association to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of 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.
Client records are regarded as confidential and therefore will not be divulged to any third party. We reserve the right to do so if legally required by appropriate authorities.
Clients have the right to request sight of, and copies of any and all Client records we keep, on the proviso that we are given reasonable notice of such a request.
Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail, other than to inform your of upcoming auctions Any emails sent by this Association will only be in connection with the provision of agreed services and products.
EXCLUSIONS AND LIMITATIONS
The information on this website and provided at the time of an auction, is provided on an “as is” basis. To the fullest extent permitted by law, this Association:
- 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 Association’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website or participation in a live auction. 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 Association 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.
If you are a successful Seller, we will not process your payments until the buyer has paid us, has received their item(s) and is satisfied that our descriptions were accurate. Payments will begin one week after an auction ends. In the event of a dispute arising over the provenance or authenticity of any bottle, if it cannot be proved to be genuine, it will be returned to the Seller and no monies will be due.
The Seller will be charged a commission on the Lots sold. Fees of 15% per single item (plus GST) will be deducted from the Lots when sold.
Sellers are expressly forbidden from bidding on their own bottles. Any bottles found to have been subjected to this will be withdrawn. The Association reserves the right to take legal action against anyone found to be “bidding up” the prices of bottles.
Authenticity of the Lot
In the event of a dispute arising over the provenance or authenticity of any Lot, 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.
Should a Buyer wish to raise a query as to the authenticity of a lot, this must be done in writing within 14 days of receiving the Lot in question. All disputes raised after this will be entertained at the discretion of the Association and subject to the payment status of the Seller.
Restrictions of sale
We reserve the right to refuse any item for auction, especially where there are questions regarding authenticity of the Lot. This decision is final. Any items of merchandise or ancillary items to the primary Lot much be officially produced or will be refused for auction.
As and when appropriate, we reserve the right to limit Lot entries for auction in the instance of duplication of items. We reserve the right to charge for admission into auction and listing on the website, even if the Seller removes the item from sale.
Sellers have the right to cancel a Lot provided for auction up to three days prior to the auction commencement date. The Association must receive notification from the Seller of their wish to cancel, in writing, no later than three days prior to the auction date.
In the event that a Seller cancels a contract to enter items, the Seller may collect the items from our office or request shipping at their own cost. It is the Seller’s responsibility to ensure that there is adequate insurance for any loss & breakage to items whilst in transit.
BIDDERS / BUYERS
A bid is an irrevocable offer made by a Bidder to buy the Lot.
Bids cannot be retracted. The Association reserves the right to prevent the Bidder from any future participation in the auction as a result of bid retraction.
Once the auction has ended, the winning bid cannot be retracted.
Responsibilities of the Bidder
Please examine the item itself, or the images of the item (including the bottle, packaging and labels), carefully and satisfy yourself as to the condition before making a bid. Once a bid has been made, no claims will be entertained for damage that was evident before the bid was made, whether it was explicitly mentioned or not.
Bidders are required to conduct their own research and due diligence. All Items are sold on an “as is” basis.
Payment for purchases
Payment must be completed in full within seven days. All goods remain the property of the Association until paid for in full.
The acceptable methods of payment are all major credit/debit cards or direct funds transfer. Surcharges may apply depending on the method of payment.
All payments made late, will incur a late payment fee of 15% in addition to the order total. Removal of this fee is at the discretion of the Association and this decision is final.
If there has been no payment within seven days (unless previously agreed by us), and at our absolute discretion, we may decide to cancel the contract and offer the Lot(s) for future sale. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through the court system.
Storage of Lots
The Association will store Buyers bottles for a maximum of one month free of charge. We accept no liability for items stored with us outside the initial one month period.
If the Association has not received any communication from the Bidder after a one year period from the auction, then any stored bottles will be made available for future sales.
Delivery of Lots
Delivery via Courier will incur additional charges. These are set by the Association and are final.
Buyers are welcome to collect their Lots in person in coordination with the availability of the Association. You may assign another person to collect on your behalf, with prior notice given to the Association.
Buyers should be aware that it may take up to seven days from receiving payment before the bottles are dispatched, if being sent by Courier. The Association aims to dispatch orders as quickly as possible but Buyers should be aware of this.
A signature is required at the point of delivery. If the Buyer is not available to receive the order, a suitable person of Legal Age must be available to sign as per the Courier’s terms. If the Buyer chooses to have the order left at a location then the Association do not accept any liability for loss or damage of the Lots.
Local customs charges
Some International deliveries may incur local customs charges. We are not responsible for the payment of any local customs, excise or duties. All invoices will be stated at their true value, no exceptions will be made. By bidding in the auction you are accepting full responsibility for these charges.
We accept no responsibility for the accuracy of addresses supplied by the Buyer or processing of customs charges. Where extra information is required by the local customs teams or a Buyer requests a shipment to be returned, we reserve the right to charge an administration fee to cover our costs and time in addition to any other costs incurred.
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 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 endeavors to comply with the terms and conditions of any agreement contained herein.
Failure of either party to insist upon strict performance of any provision of this 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 this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both parties.
INTELLECTUAL PROPERTY NOTICE
Copyright and other relevant intellectual property rights exist on all text relating to the Association’s services and the full content of this website.
This Association’s name and logo are registered trademarks of this Association in Australia. The brand names and specific services of this Association featured on this web site are trademarked.
NOTIFICATION OF CHANGES
Whisky Auctions 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 our website you agree to allow us to collect this information about your use of our site.
The Association recognises your right to privacy. Any information we collect about you remains private and is in accordance with the Australian Privacy Principals, as well as the General Data Protection Regulation (GDPR) where applicable. Your private information (which may include your name, address, email address, and other information) is not shared with any individuals or organisations outside of the Association unless you have authorised us to do so.
Emma Gilligan – TWSA Executive Officer