A) Bidding conditions and terms of business

WhiskyAuction.Com do not charge
any amounts for auctioneering from the buyer .
Only shipping and packaging costs are added.

1. The auction contains items put in by the auctioneer, bidders 
and whisky lovers. 

2. The condition of the bottles corresponds to the picture.

3. The filling height corresponds to the picture. For opaque,           non-transparent items (e.g. ceramic or porcelain ) a filling height is not indicated. Empty items are marked as empty.

4. No guarantee at all can be given upon the contents of bottles with a screw cap without a safety ring.

5. No guarantee can be given upon unintentional erroneous information concerning units or measurements.

6. Every auction-item has a submission-field on the right hand side where bids can be set. Bids will be published immediately in that field and the auctioneer will be informed about the bid by e-mail automatically.

7. Every item within the auction has a starting bid. It is not allowed to fall short of that minimum bid.

8. The currency of the auction is Euro (€) only. The minimum increment (normally 5 € , 2 € and 1 €  is fixed for every item and displayed on the item bidding field.

9. Bids are to be made in whole € amounts only.

10. Maximum bids can also be placed on the submission-field.

11. In the case of a higher bid the lower bid will also be advised by an e-mail automatically. Due to possible technical problems, the auctioneer will take no guarantee upon the receiving of these e-mails. Confused the bidder maxbid-field and bid-field, is the
bidder responsible for this.

12. The closing time for the auction is displayed on each bidding page.  The closing time of the auction can only be expended by the auctioneer.

13. The auction closes at the date displayed on the bidding page. Later bids will not be taken into consideration.

14. Bids being placed are strictly binding. With the adjudication the acceptance of the item is obligatory.

15. In case of falsification the bidder has the right to cancel the contract. The fact of falsification has to be testified by the president of an approved whiskyclub.

15a. We guarantee the authenticity of the items, if the datas of the lables or boxes were not erroneously wrongly printed by the producer or bottler.

15b. If the photos shows no packaging (tube,boxes) the article is auctioneered and sent without packaging.

15c. For the packaging we do not take over an authenticity warranty, concerning your "original" affiliation, to exactly this item. We take over the warranty of the authenticity of the packaging itself.

16. Wrong information concerning the items by the auctioneer can lead to annulment of the contract as well.

16a. If the auction rules change the bidder accepts this change by bidding again.

17. The statutory period of limitation for any kind of claim is half a year, beginning with the date of invoice. The auctioneer is only liable in case of intent or gross negligence.

18. The auctioneer reserves the right to exclude anyone from the auction without any reasons.

18a It is forbidden to bid on items posted by yourself.

19. All data are kept strictly confidential. However, a result-list with item number and highest bid will be published after closing of the auction.

20. In case of abuse of bidder-ID or password, the respective owner is obliged to purchase any item which has been bid on with his bidder-ID or password.

21. Any dispute arising out of or in connection with these bidding conditions and terms of business or terms of payment and shipment as well as disputes arising out of or in connection with the implementation of this auction, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by an arbitration under the rules of the Deutsche Institution für Schiedsgerichtsbarkeit (DIS), which rules are deemed to be incorporated by reference into these bidding conditions and terms of business. The number of arbitrators shall be one. The place of arbitration shall be Rendsburg / Germany. The language to be used in the arbitration shall be German. The governing law shall be the substantive law of Germany.

22. These terms of business are acknowledged by anyone who fills out the registration form.

22a. In case of server failure or malfunction at auction closing time is the last bidding valid or the auctioneer decides.

22b. When making a bid, prospective buyers will be accepting personal liability and cannot plead to be acting as an agent or on behalf of a third party. Basis for personal liability are the data of the registration.

22c. The bidder is responsible for ensuring that his card is valid, and that it will provide access to the auctioneer for sufficent funds to honour all bids that the bidder has made. If the card ceases to be valid, or will not give access to sufficient funds to honour all bids made by the bidder, the bidder has to inform the auctioneer immediately.

22d. The auctioneer decides what will happen, if a wrong bid is made.

22e. The single registration authorizes to bid on all further auctions.

B) Terms of payment and shipment

23. The currency of the auction is Euro (€) only.

24. Payment is accepted by credit card
Eurocard / Mastercard, Diners Club, Visa only.

25. The bill and a receipt for the credit card and will be enclosed to every package.

26. The items will be send out to the bidder by mail as soon as the bidding price is credited to the bank account of the auctioneer.

27. The mail and leakage risk bears the bidder only, especially the risk of wrong shipment due to wrong registering data.

28. Wrong shipment because of a fault by the auctioneer are the duty of the auctioneer only. However, this has to be proven by the bidder.

29.  Prepayment or any other kind of payment except by credit card will not be accepted. Payment is possible by credit card only.

Last changed 15 September 2007

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