General Terms and Conditions of Business between WhiskyAuction.com and Seller

 

I.                    Scope of validity

1.      These General Terms and Conditions of Business below (hereinafter “Ts and Cs”) apply for all legal transactions of the auctioneer WhiskyAuctions.com, Krüger und Rosenfeld GbR, (hereinafter “WhiskyAuction.com”), Timmerloh 8, D-24787 Fockbeck, towards consumers and businesses.

2.      A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly assigned either to their commercial or their professional self-employment.

3.      A business is a natural or legal person or a partnership with legal capacity who/that, when concluding a legal transaction, is carrying out his/her/its commercial or professional self-employment. Businesses are obligated to notify WhiskyAuction.com of their business status.

 

II.                  Registration

1.      Only natural and legal persons with unrestricted legal capacity are permitted as sellers. Sellers whose goods are auctioned may not engage in bid manipulation, whether directly or indirectly through an intermediary or an agent on behalf of a third party by placing bids with the intent of driving the price up.

2.      The seller can register and create a customer account. To do this, he or she must indicate his or her personal details, such as surname, first name, an address for service of summons, a valid e-mail address and a password that he or she has created himself/herself. The seller must confirm that, depending on the applicable laws, he or she is over 18 or 21 respectively. After successful registration, the seller will receive a bidder ID that will be generated by WhiskyAuction.com. The seller thus only has to register once with his/her data. Only the bidder ID and the password will be requested in the event of a new delivery and log-in.

3.      If the seller does not wish to register, the seller will receive a zz-bidder ID. The zz-bidder ID does not entitle the holder to bid. A password is not required. The seller can log in with the zz-bidder ID. The existing bidder ID can be used for the next delivery.

 

III.                Delivery; collection

1.      You can make a delivery request by e-mail to  Service@Whiskyauction.Com, by telephone on +49 4331 56564 or with the aid of the delivery request form available at here.

2.      The following information must be indicated during the delivery request:

-          full name; address for delivery, valid e-mail address, if applicable VAT identification number,

-          Information about the products that are to be delivered with volume, bottle size, percentage, distillery, vintage, age (e.g. 01 – 0.75 l – 43% - Macallan – 1961 – 18 years), special information about the proper packaging during shipment, condition of the product (damage, evaporation)

3.      The seller in the EU has the option of ordering one or more security box(es). A delivery of security boxes to Switzerland is not possible.

4.      Deliveries that are posted are to be sent to Timmerloh 8, D-24787 Fockbeck. The costs for the delivery will be borne by the seller.

5.      Personal deliveries can also be made by prior arrangement on Monday to Saturday from 10 am - 6 pm and on Sundays from 1 pm - 6 pm at Whisky Krüger, Hauptstraße 2, D-24361 Holzbunge. Appointments can be agreed at Service@Whiskyauction.Com or by telephone on +49 4331-56564.

6.      WhiskyAuction.com offers a free pick-up service in Germany for collections of more than 100 items. You can request collection when you request delivery.

7.       Deliveries will be confirmed by e-mail..

8.      Deliveries can also be made during the Germany tour. Dates and locations can be found in the Germany tour calendar.

9.      Sellers from non-EU countries have to pay the import turnover tax and/or alcohol tax themselves.

10.  The seller confirms that he or she is entitled to sell the products delivered or to dispose over them and that this does not conflict with any rights of third parties. In this regard, the seller indemnifies WhiskyAuction.com against the claims of third parties at the first request within the framework of the scope of the rights. The same applies for appropriate legal prosecution costs. Further claims for compensation remain reserved.

11.  WhiskyAuction.com can reject products for delivery at any time without giving grounds.

12.  The products must be delivered at the latest by the agreed date to WhiskyAuction.com in Timmerloh 8, D-24787 Fockbeck or at Whisky Krüger in Hauptstraße 2, D-24361 Holzbunge in auction calendar.

13.  After confirmation of the delivery request, the product must be delivered within two months; otherwise, the claim to delivery will lapse.

 

IV.               Subject of the contract

1.      After receipt of the products, WhiskyAuction.com will check them based on the delivery information.

If a product does not correspond to the information or is not covered by Clause IV No. 2, the seller will bear the costs of the return shipment.

2.      WhiskyAuction.com will provide a platform on which potential buyers can submit a bid for the seller’s products. WhiskyAuction.com will create an offer page for each product. The pictorial and written presentation of the products delivered is the responsibility of WhiskyAuction.com. WhiskyAuction.com determines the starting bid.

3.      WhiskyAuction.com acts as an agent between the seller and the highest bidder.

4.      WhiskyAuction.com is entitled to terminate the auction early for good cause, without a purchase contract being concluded between the highest bidder and the seller. Good cause exists if there is an elementary error in the offer information.

5.      If the server does not work at the end of the auction, or not in full, and if no new bids can be submitted by the bidders, the contract will be concluded with the bidder who has submitted the highest bid at that point in time.

6.      The product will be sent to the highest bidder by WhiskyAuction.com.

 

V.                 Contractual partner; agency relationship

As an auctioneer, WhiskyAuction.com is merely an agent. The respective purchase contract is concluded solely between the seller and the highest bidder.

 

VI.               Auction procedure; conclusion of a contract

1.       The auction ends with the expiry of the defined period. A purchase contract is concluded with the highest bidder and the seller when the period of time has expired. WhiskyAuction.com only acts as an agent.

2.   The auction always starts on a Sunday. The auction ends at least 27 days after it started. The individual auction dates can be found in the auction calendar.

3. The duration of an auction is set at a defined period of time, measured based on the system clock of WhiskyAuction.com, which is the only time piece that is relevant. The end of the auction will be displayed. This can only be postponed if WhiskyAuction.com extends the auction.

4. With the creation of the offer for sale, a binding offer to conclude the contract by means of the highest bid is submitted.

5. The currency of the auction is euros.


As a seller you are not allowed to bid on your own items, also not by a third party: Shill bidding.
The seller agrees not to inform anyone about her/his posted items before the end of the auction. Bidding on your own posted items, intending to get higher bids, is not allowed. This also applies to assigned third party bidders. A violation automatically results in an exclusion from our auctions and a reversal of the contract.

(OLG Brandenburg, Urt. v. 17.6.2009 – Kart W 11/09. In the U.S.A., and in Great Brittain, shill-bidding is a criminal action:

https://en.wikipedia.org/wiki/Shill

Great Brittain: 2006 Fraud Act

Posted By: Matt: Shill bidding was included in the definition of criminal fraud in the 2006 Fraud Act.

Specifically: "The Fraud Act could be used to criminalise(sic) conduct which may previously only have amounted to a breach of contract or other civil law or moral obligation. Examples may include:

(SNIP) 'Shill bidding' on online auction sites. This is where sellers bid up the price of their own items using a second identity."

U.S.A.: US DOJ Prosecution Policy … Wire Fraud

“Serious consideration … should be given to the prosecution of any scheme which in its nature is directed to defrauding a class of persons, or the general public, with a substantial pattern of conduct.”—http://1.usa.gov/10KnLPN

In german: BGH-Urteile zum Verkaufsportal eBay - Tricksereien können teuer werden:

http://www.tagesschau.de/inland/bgh-ebay-bidding-abbruchjaeger-101.html

- Third party is: including family, friends, roommates, employees, colleques or online connections.

- WhiskyAuction.com reserves the right to charge the bidder for the reversed transaction and for expenses. The right is reserved to keep 15% to 30% of the outpayment sum according to the case and the degree of fault. This amount will be completely donated to a non-profit-organisation. The seller will get a receipt about this.

- A violation automatically results in an exclusion of both from our auctions and a reversal of the contract.

- If the seller wants a higher minimum value by guarantee, he must not give this items into the auction.

VII.             Language of contract; contractual text

1.      The contract languages are German and English.

2.      The contractual text will not be saved.

 

VIII.           Product quality; non-permitted items

1.      If the product has a label, this must be the original label and at least 90% of it must have been preserved.

2.      The following products are excluded from the delivery:

-          Malt Scotch Whiskies bottled before 1945

-          Lead crystal decanters and crystal decanters

-          Whiskies with more than 70% alcohol by volume

-          Sestante original label bottlings and Alex Albright Ltd.

-          Rebottled whiskies

-          (e.g. Macallan 1947, 15 years old, rebottled 2008)

-          Black Bowmore, First Edition bottled 1993, sealed with new crown cap by Bowmore distillery: Will only be accepted with a written confirmation from Bowmore regarding the authenticity of the original content.

-          Silver Seal, exception: Whisky Antique srl will be accepted

-          Gambi, De Vreng, Noord`s Vinhandel bottlings

-          Michael Jackson Special Blend 70cl

-          Bottlings byMaltisten Westfalen” or “Whiskyfreunde Essenheim”

-          Normal blends with 0.7 l

-          Blended scotch miniatures

-          Bottles with content less than the lower neck area

-          Unsealed bottles, e.g. Macallan Robert Burns

-          Bottles that have leaked

-          Bottles sealed with candle wax or paraffin

-          Whisky liqueurs

-          Individual whisky glasses (at least a pair or individual glasses with packaging and brand logo), non-malt tumblers, non-malt long drink glasses

-          Ashtrays, mirrors, brochures, non-malt pins.

3.      Christmas whiskies will only be accepted for auctions from October to January.

4.      A delivery of miniature blended scotch is possible if older than 12 years, in a box, with cork, metal or tear-off cap.

5.      A delivery of duplicate products (up to 26 bottles) and products of up to 3 litres is possible.

 

IX.                Remuneration

1.      WhiskyAuction.com will receive a commission for every product sold.

2.      The commission is a part from the Hammerprice, the table is available here. It becomes due after the end of the auction or after conclusion of the contract with the buyer.

3.      The sales proceeds, less commission, will be paid into the account indicated by the seller. The seller will receive a statement for each product sold by e-mail after the auction has been successfully ended.

 

X.                  Withdrawal

1.      In addition to the statutory regulations, you also have the right to withdraw from the contract free of charge up to 14 days before the contractual time of performance (Clause IV). The withdrawal must be filed in writing (e.g. by e-mail/fax/letter) towards WhiskyAuction.com, Krüger und Rosendfeld GbR, Timmerloh 8, 24787 Fockbeck, tel.: +49 4331 56564, Mon-Fr 9 am - 1 pm & 2 pm - 6 pm CET; Service@Whiskyauction.Com . The date on which we receive notice of your withdrawal determines the eligibility of the withdrawal. In the event of a timely withdrawal, the services performed up until that point in time will be reimbursed immediately.

2. The following fees will be incurred in the event of a non-timely withdrawal:

- Withdrawl: ten times the Startprice.

 

XI.                Liability

At all times, we are liable without restriction for claims due to damage that has been caused by us, our legal representatives or vicarious agents

    in the event of injury to life, body or health,

    in the event of wilful or grossly negligent breach of obligation,

    in the event of guarantee assurances, if agreed, or

    if the area of application of product liability law is opened.

In the event of an infringement of fundamental contractual obligations whose fulfilment makes the proper implementation of the contract possible in the first place and in whose compliance the contractual partner can regularly trust (cardinal duties) through slight negligence on our part or on the part of our legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable when the contract was concluded and whose development can typically be anticipated. Claims for compensation are otherwise excluded.

 

XII.             Indemnification

1.      If the consumer files claims for compensation against WhiskyAuction.com due to transport damage, the seller has to indemnify WhiskyAuction.com against these claims if WhiskyAuction.com has packed the goods properly for shipment and/or has complied with specifications of the seller regarding transport.

2.      In the event the buyer invokes his legal right to warranty against WhiskyAuction.com, the seller shall indemnify WhiskyAuction.com of these demands.

 

XIII.           Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR) which you can find here https://ec.europa.eu/consumers/odr/
The seller is not obligated nor is he/she willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

XIII. Final provisions

German law applies if you are a business.

If you are a merchant pursuant to the German Commercial Code (HGB), legal entity under public law or special assets under public law, the sole place of jurisdiction for all disputes arising from contractual relationships between yourself and us is the place of our registered office.