Terms & Conditions
- This “website”, “site” (westerwoodwhisky.com) is operated by Westerwood Whisky Limited (“we”, “us”, “our”).
- By registering with us you are agreeing to the below terms and conditions which are governed by laws of Scotland. These are in addition to our Privacy Policy and Counterfeit Policy and they set out how we operate. References to “you”, “users”, “buyer”, “seller” and “member” refer to those customers who have registered with our site and paid the one-off registration fee.
- How We Operate
- Our website is an online store for buying and selling whisky and everything will be sold and purchased online.
- During registration, we will request various pieces of information such as full name, postal address, contact number, email address and date of birth. Users planning to sell whisky will also have to disclose bank details for payment to be received from us. All personal data held by us will be stored and processed in accordance with the Data Protection Act 1998. Further information can be viewed in our Privacy Policy.
- It is the user’s responsibility to ensure all personal information is kept updated. We will not be held responsible for issues caused by inaccurate or incomplete information.
- It is the user’s responsibility to ensure their account details and password is kept confidential and no third party should be permitted to access or use your account on your behalf.
- Age Restrictions & Governance
- We are governed by the Laws of Scotland and will adhere to these at all times. All our lots will adhere to minimum alcohol pricing set by Scottish Government. By registering, whether using our services or not, you confirm that you accept our terms and conditions and consent to the exclusive jurisdiction of Scottish courts.
- All buyers and sellers must be over the age of 18 years old or older, according to licensing laws in your own country.
- If we suspect that a user is below the legal drinking age, we reserve the right to request additional information.
- When orders are delivered, our staff or courier partners will request ID for the intended recipient. As part of the “Challenge 25” initiative, our staff or delivery partners reserve the right to ask for ID which includes a photograph and date of birth.
- If the recipient is deemed as underage, the order will be returned to us at buyers cost until it can be resolved. Further re-delivery charges must be covered by the buyer.
- Selling
- “Sellers” are customers who wish to send their bottles to us in return for an agreed amount. A valuation will be provided and then re-confirmed upon receipt of bottle and once a full examination is carried out.
- The seller is responsible for declaring any damage to a bottle or box on the registration form.
- The seller must arrange the safe transport of their whisky to us. It should be securely packaged for transit. We will not be held responsible for any bottles which are damaged or lost in transit to us. Sellers should ensure they send bottles on a fully trackable service and must upload tracking number on their online account.
- Should the seller opt to use our personal delivery or collection service, they do so on the basis that we are not responsible for the damage or loss of goods while in transportation from/to our premises and buyer/seller.
- Unacceptable Items
- We are not able to accept the following items:
- Decanters or Glassware
- Bottles with broken seals
- Bottles which are passed marked “use by”, “sell by” or “best before” dates.
- We reserve the right to refuse to add any items. If items are rejected, it is the seller’s responsibility to have goods returned by courier (at their cost) or have collected in person.
- We reserve the right to limit the number of bottles of a particular type, for example, new releases.
- We reserve the right to limit the number of bottles of any one particular type from one buyer in any one auction.
- Receipt of Bottles for Selling
- Once bottles have arrived in our premises, they will be thoroughly checked for damage and authenticity, ensuring condition is consistent with registration form.
- To the very best of our ability, we will always ensure that product descriptions and photographs reflect any relevant remarks that buyers should consider, eg. damage to presentation box.
- If there are any discrepancies between the registration form and bottle received, we will check this with seller. We reserve the right to refuse items. Bottles which have been rejected must be collected or shipped back to seller at their own cost.
- If there is any doubt on authenticity of lots, we will have this rigorously checked over by our team and industry experts. If found to be a counterfeit, the user will be disqualified for life and will be reported to relevant authorities. Bottles which have been rejected must be collected or shipped back to seller at their own cost. We reserve the right to destroy counterfeit items.
- Each lot will usually consist of one bottle unless seller requests otherwise: for example, a small series or collection. Sellers must detail this within bottle registration form.
- We will professionally photograph each lot and write a detailed description which will appeal to prospective buyers.
- If a seller has any issue with a photograph or description, they must notify us in writing prior to an auction starting. We will not be held responsible if reported after auction has started.
- Seller Payment:
- All sellers must ensure that we are provided with correct bank details in order to pay all monies to you. It is the responsibility of the seller to check and update bank details regularly. We will not be responsible for any errors in payments made to details listed on your account.
- Should an error occur due to incorrect details, we may charge an administration fee of £100 + VAT to trace and organise return and repayment to your account.
- Payment will be sent by bank transfer unless mutually agreed between us and seller.
- Seller Cancellation
- Sellers waive the right to any cancellation or refund request should a cancellation request be made after a 14-day period which starts from the day the item arrives with us.
- We will respond to any cancellation requests within 48 hours by email.
- Once a cancellation has been accepted and processed, the bottle(s) will be available to collect from our warehouse. Collections can be carried out by courier (at cost to seller) or in person. This should be discussed between us and seller to mutually agree what is convenient.
- Buyer Payment
- Payment should be made via our online payment system where we accept all major credit and debit cards. Please note that any payments made by non-UK/EU cards, including American Express, will have a 3.5% surcharge added for credit card payments.
- Delivery of Lots
- Once payment has been received in full, we will carefully package your bottle(s) and prepare for selected shipping method. Confirmation of order being ready to ship will be updated in member account.
- Shipping by courier is our preferred method due to volume of goods we handle however it is possible to collect in person from us by appointment only.
- Delivery rates are calculated at checkout and estimated transit times are also displayed. Delivery is not possible to every country however we strive to cover as much as possible. Buyers should ensure we are able to deliver prior to bidding on an item as bids cannot be withdrawn. Any queries should be discussed with our team.
- Delivery costs shown include VAT where applicable. Any local duties/taxes or other additional charges will not be covered and will be paid by buyer.
- While we will handle and package all orders with care, buyers accept that due to nature of industry, ages of bottles and seals there is a possibility of breakages and leakages during transport. Buyers therefore accept full liability and we will not accept claims of this nature. This applies to bottles which are delivered by any method – courier or personal delivery.
- Buyer Cancellation
- After receiving the items, the buyer has a 14-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. If the buyer opts to use the storage facility at checkout, any rights to cancelation and refund is void. Cancellation requests must be made in writing to info@westerwoodwhisky.com. Buyers accept that all cancellation rights are waived should collection not take place within 14 days of lot being marked as complete and ready for collection.
- All lots sold by us as thoroughly examined for many reasons including authenticity and condition. To the very best of our ability, we will always ensure that product descriptions and photographs reflect any relevant remarks that buyers should consider, eg. damage to presentation box. Should you receive an order which you are unhappy with then email us immediately with a full detailed explanation, including photographs if necessary, to info@westerwoodwhisky.com.
- Dependent on reason for cancellation/return, we can offer full or partial refunds of price paid, delivery costs or commissions at our discretion. Refunds will be processed within 14 working days and issued to original payment method. This is subject to receiving the bottle(s) in good condition.
- All returns must be delivered to our warehouse in person or by trackable courier service. This will be at buyers’ cost and insurance for the package is recommended. We will not be responsible for any costs or damages incurred during transit to our warehouse.
- It is not possible to cancel an order once goods have left our warehouse for delivery or have been collected in person.
- Our Cancellation Policy
- We reserve the right to cancel any contract with sellers and/or buyers as deemed necessary. This may be a result of breach of our payment terms, our terms and conditions, bankruptcy/liquidation, handling counterfeit goods or other company policies we have made accessible on our site. This is list is not exhaustive.
- We reserve the right to make this cancellation permanent in which the member can no longer register or trade with us indefinitely.
- Member Confidentiality
- All client information will be held in accordance with Data Protection Act 1998.
- All member information will remain private and will not be divulged to others except when required by law.
- We will never share, sell or disclose member information to any other third-party.
- Our Liability
- We will not be liable for any damage to bottles when in transit to/from our warehouse. We are however liable for any goods which have been received and stored in our warehouse. Any loss or damage which occurs due to an “Act of God” will not be covered.
- Any valuations are based on market value and as such we will not be responsible for any losses incurred based on these.
- All bottles sold by us are in sealed condition and therefore it is assumed contents are incidental however bought at your risk.
- We will not be liable for any unforeseen circumstances or those out with our control.
- If we believe that any members have been involved, in any way, of handling counterfeit goods they will be reported to relevant authorities. Goods and personal information will be passed, if requested, to authorities.
- Force Majeure
- Should any events arise that our members and/or us are responsible for, such as delays in processing, deliveries and general service, neither party will be held in breach of these terms and conditions. Events shall include, but not be limited to, terrorism, Act of God, politics, earthquake, flood, pandemics or any other natural eventuality out with our control.
- Changes to Terms and Conditions
- We reserve the right to make changes to these at any time with immediate effect. General changes will be displayed on our website and you confirm your acceptance by continuing to use the site regularly. Any significant changes applicable to buyers/sellers will be sent directly by email however we recommend you read through these terms and conditions regularly.
- Notwithstanding the above, your statutory Consumer Rights are not affected by this section.
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