GBT General Business Terms
of WhiskyAuction.Com GbR
& Data Privacy Statement
Only the german version is legally
WhiskyAuction.Com do not charge
any amounts for auctioneering from the buyer.
Only shipping, packaging and
transport insurance costs are added.
Important for bidder
of higher amounts than 2500 EURO.
conditions and terms of business
1.1 The auction
contains items put in by the auctioneer, bidders
and whisky lovers.
1.2 The condition of
the bottles corresponds to the picture. Probable damages may also
be written in the items text. It is enough, that a damage is either
visible on the picture or is written in the text.
1.3 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
No guarantee at all can be given upon the filling hight (photo -
1.4 No guarantee at
all can be given upon the contents of bottles with a
screw cap without a safety ring.
1.5 No guarantee can
be given upon unintentional erroneous information
concerning units or measurements.
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.
1.7 Every item
within the auction has a starting bid. It is not allowed
to fall short of that minimum bid.
1.8 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. It is rarely possible that a price step is less than one increment.
1.9 Bids are to be
made in whole € amounts only.
1.10 Maximum bids
can also be placed on the submission-field.
1.11 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.
1.12 The closing time for the auction is displayed on
bidding page. The closing
time of the auction can only be expended by the
1.13 The auction
closes at the date displayed on the bidding page. Later
bids will not be taken into consideration.
1.14 Bids being
placed are strictly binding. With the adjudication the
acceptance of the item is obligatory.
1.15 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.
1.15a We guarantee the
authenticity of the items, if the data of the lables or boxes were not
erroneously wrongly printed by the producer or bottler.
1.15b If the photos shows no packaging (tube,boxes)
or no accessoires (e.g. booklets) then the article is
auctioneered and sent without packaging / accessoires, as shown by the
1.15c For the packaging (tube,boxes)
and accessoires (e.g. booklets) 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.
1.15d For the authenticity of Whiskysoires we do not take over
information concerning the items by the auctioneer can
lead to annulment of the contract as well.
1.16a If the auction rules change the bidder accepts this change by bidding again.
1.17 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.
1.18 The auctioneer
reserves the right to exclude anyone from the auction
without any reasons.
1.18a 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:
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
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
- Third party is: including family, friends, roommates, employees,
colleques or online connections.
- We reserve 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.
1.19 All data are
kept strictly confidential. However, a result-list with
item number and highest bid will be published after
closing of the auction.
1.20 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.
1.21 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.
1.22 These terms of
business are acknowledged by anyone who fills out the
1.22a In case of server failure or malfunction at
auction closing time is the last bidding valid or the auctioneer decides.
1.22b 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.
1.22c 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.
1.22d The auctioneer decides what will happen, if a wrong bid is made.
1.22e The single registration authorizes to bid on all
1.22f It is forbidden to publish email contents without prior written
permission of WhiskyAuction.Com .
1.22g Delivery of a item for sales through the website creates a
commission contract between the customer and WhiskyAuction.com GbR
under which WhiskyAuction is obliged to sell the delivered items in
their own name but on account of the customer through an auction via
the website to the buyer with the highest bid. The high bidder
has no right to get an invoice with accounted sales tax, because of
1.22h Images and Text All Rights Reserved by WhiskyAuction.Com
1.23 Only persons of full age (at least 18 or 21 years old) , this
depends of the age in your country are allowed to take part in
auctions. That means, that the law of the living country decides the
minimum age for buying whisky.
of payment and shipment
2.1 The currency of
the auction is Euro (€) only.
2.2 Payment is
accepted by credit card
Mastercard and Visa only.
2.3 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.
2.4 By bidding the byer accepts
the costs for packing, shipping and transport insurance against lost. The mail and leakage risk,
and imponderable risks bears to the bidder only, especially the risk of wrong
shipment due to wrong registering data. Furthermore the risk of damage
of the box or item due to leaking bottles
bears to the bidder only. These risks are not covered by our
transport insurance. The refund for lost or missing insured parcels
will be paid at the earliest six month after sending out.
2.5 Wrong shipment
because of a fault by the auctioneer are the duty of the
auctioneer only. However, this has to be proven by the
2.6 Prepayment or any other kind of payment except by credit
card will not be accepted. Payment is possible by credit
card only. In exceptional cases bank transfer within two bank
working days will be accepted.
2.7 The bidders act as
private persons, unless they declare to us independently that they act
2.8 For members in the U.S.A.:
Please inform yourself, if the "normal" US post is allowed to
transport the alcohol goods to you. The seizure risk by US customs is
not insured and is the completely risk of the buyer. The insurance for
parcels to the U.S.A. includes only the breaking, but not the lost,
due to strong DHL insurance policy.
2.9 Customs and import
risks into countries outside the European Union (non-EU) belongs to the
buyer, recipient. WhiskyAuction.Com is free to decide how to handle
non-EU shipments. The buyer bears the full additional shipping cost.
2.10 Payment: Next day past the auction, on Sunday we will charge the
invoice amount from your credit card. (Please make possible the drawment
in the hight of the invoice. Maybe it makes sense to inform your bank
about the upcoming charge from germany.) In case that the credit card chargement is not possible for more
than 5 days, we demand:
3% for an unpaid invoice 5 days after auction closing
6% for an unpaid invoice 12 days after auction closing
9% for an unpaid invoice 17 days after auction closing.
2.11 If we decide so, invoices of more than 2500€ (EURO) have to be paid by bank
transfer. The invoice amount has to reach our bank account until
thursday after auction closing.
2.12 If the buyer wishes to have the payment done by more as one
credit card, so each further payment charge costs 25,- euro..
2.13 Our delivery times, depending on DHL:
Germany: 2 to 8 working days
Europe: 2 to 14 working days
2.14 Charge-Backs by your bank or credit card company are not
allowed. All claims, e.g. in case of a parcel has not been delivered,
have to be addressed to us directly.
2.15 If the paid parcel should stay longer as on month at our
warehouse, so we take an annual storage fee of 100,- euro for each
parcel. When the buyer dosen't want to get the items in one year time
space, we auctioneer the items again for the buyer.
2.16 If the buyer doesen't fetch up the parcel at the post office
or duty station in between 7 days, so we do not ensure for the lost or
damage of the parcel anymore.
of posting items
3.1 The transfer costs and -risks to the Whiskygallery are on the customers side.
The customer can also bring the bottles to the gallery by himself.
The auctioneer can anytime declines bottles without telling the customer the reasons.
Even if the auction is already running, but the auctioneer tells the customer the reasons by e-mail. If there was no wilful deceit, so the auctioneer will has to pay the transfer costs back to the customers home.
The auctioneer decides to give the items into the auction or not. We
do not give any guarantee, that items, which have been in our
auctions, would be accepted for future auctions.
3.3 With our good auction experience we define the starting bid.
3.4 If the server is not working, is the last bid will be valued.
3.5 The bottles for the auction should arrive at the gallery in
at the date mentioned in the Auction Calendar.
3.6 If the auctioneer answered the customers wish of delivering bottles, please give in these bottle(s) in the
auction, within two months,
otherwise the customer option for delivering bottles to the auction is overdue and
the auctioneer will send back the bottle(s) to the customers cost and on the customers own risk.
3.7 The auctioneer will arrange the photos and chooses the auction highlight.
3.8 The auctioneer is liable for the risk of lost or a destroying of the bottle(s)
during the duration of the auction, this loss or destruction was caused by the auctioneer by negligence or wrongful intent only. This liability is limited up to
The contractual liability of the auctioneer starts with receipt of the bottle(s) and ends with the transfer back to the sender.
3.9 It is not possible for bidders, who have posted bottles in the auction, to bid on these items.
The same rule works for bids from other bidders at the same e-mail adress on these items. When this happens, we will
withdraw the items imediately of the auction.
3.10 The applicable law is german law. Place of justice is Rendsburg for both parties.
3.11 In cases of doubt only the German version of the action rules is valid.
3.12 In case one of these rules is or will be invalid, this does not have any effect on the other rules.
3.13 We accept double items (up to 26 bottles) and items up to 4,5 litres in the auctions.
3.14 Between the high bidder and the anonymous seller a contract is
accomplished. WhiskyAuction.Com GbR arranges the contract of purchase
and acts insofar in the name of the anonymous seller. The high bidder
has no right to get an invoice with accounted sales tax. The transport
of the goods to the buyer, is in the order of the seller, the risk
belongs to the buyer.
3.15 In case that an item is withdrawn by the seller once it is
stored in our house, a withdrawl-fee ten times
of the start price has to be paid. The withdrawal by the seller is
impossible in the time between seven days before the auction starts
until auction closing.
3.16 See 1.18a .
3.17 The posters act as private persons, unless they declare to us
independently that they act commercially. In this case the customer
has to transmit his value added tax identification number to us.
3.18 Bank connections
obliges only to the customers supervision.
3.19 With delivery of articels for sales through the website, the
customer warrants towards WhiskyAuction.Com that he is the owner of
the shipped articles or that he is entitled to dispose of the articles.
This is independent from the way the articles comes to
WhiskyAuction.Com: sending by parcel, personal bringing, collectig by
3.20 Whiskies with more than 70% vol. alkohol are not accepted.
Right of Revocation
Instructions on Revocation
Right of Revocation
have the right to withdraw from this contract within 14 days
without giving any reason.
Revocation period will expire after 14 days from the day on which
you acquire, or a third party other than the carrier and indicated
by you acquires, physical possession of the goods.
exercise the right of Revocation, you must inform us (WhiskyAuction.Com
Thomas Krüger und Klaus Rosenfeld GbR,
Timmerloh 8, D-24787 Fockbek,
Germany, Telefonnummer: +49 4331 56564, E-Mail-Adresse:
email@example.com) of your decision to withdraw from this
contract by an unequivocal statement (e.g. a letter sent by post,
fax or e-mail). You may use the model Revocation form, but it is
not obligatory. To meet the Revocation deadline, it is sufficient
for you to send your communication concerning your exercise of the
right of Revocation before the Revocation period has expired.
Effects of Revocation
you withdraw from this contract, we shall reimburse to you all
payments received from you, including the costs of delivery (with
the exception of the supplementary costs resulting from your
choice of a type of delivery other than the least expensive type
of standard delivery offered by us), without undue delay and in
any event not later than 14 days from the day on which we are
informed about your decision to withdraw from this contract. We
will carry out such reimbursement using the same means of payment
as you used for the initial transaction, unless you have expressly
agreed otherwise; in any event, you will not incur any fees as a
result of such reimbursement. We may withhold reimbursement until
we have received the goods back or you have supplied evidence of
having sent back the goods, whichever is the earliest.
shall send back the goods or hand them over to us, without undue
delay and in any event not later than 14 days from the day on
which you communicate your Revocation from this contract to us.
The deadline is met if you send back the goods before the period
of 14 days has expired. You will have to bear the direct cost of
returning the goods. You are only liable for any diminished value
of the goods resulting from the handling other than what is
necessary to establish the nature, characteristics and functioning
of the goods.
Thomas Krüger, WA.Com
Telefon No.: +49 4331 56564,
I / We[*] hereby give notice that I / We[*] cancel my/our [*]
contract of sale of the following goods [*]/for the supply of the
Ordered on [*] / received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper).
[*] Delete as appropriate.
Thank you for expressing your interest in our website. Protecting
your privacy is very important to us. Below you will find detailed
information about how your data is handled.
Recording your input data on server logfiles
You can visit our websites without providing any personal data. We
only record data in so-called server logfiles, such as the name of the
file accessed, the date and time of access, the data volume
transferred and the requesting provider. This data will only be used
to ensure the proper functioning of the page and to improve our
service, but cannot be traced back to you.
Data collection and utilisation for contract administration
purposes and for opening a customer account
We collect personal data when it is freely provided by you within
the context of placing an order, making contact with us (e.g. via the
contact form or by e-mail) or when opening a customer account. The
specific data gathered is that provided on the various information
forms. We use the data provided by you for contract administration
purposes and to process your queries. Once the contract has been
processed in full or your customer account has been deleted, your data
is blocked to prevent any further utilisation and will be deleted on
expiry of the mandatory retention periods set out in fiscal and
commercial regulations, provided you have not expressly agreed to the
further use of your data or we retain the right to further exploit
your data in accordance with the law, of which we are obliged to
inform you. You may cancel your customer account at any time via the
contact facility set out below or via the function provided for this
purpose within your customer account.
Data transfer for contract completion purposes
For contract completion purposes, we transfer your data to the
mail-order company engaged by us to perform delivery of the goods
ordered. For payment processing purposes, we provide the necessary
payment information to the credit institution and/or payment service
engaged by us and/or to the payment service selected by you within the
context of the payment process.
Data usage on subscription to the e-mail newsletter
If you subscribe to our newsletter we use the data required for
this purpose or that which is separately provided by you in order to
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newsletter at any time via the contact facility set out below or via a
link provided for this purpose within the newsletter.
Data usage for e-mail advertising without subscription to
the newsletter and your right to object
If we receive your e-mail address within the context of the sale of
goods or services and have not received any objection from you to the
contrary, we reserve the right to regularly inform you by e-mail about
products similar to those already purchased from our range. You may at
any time refuse such use of your e-mail address via the contact
facility set out below or via a link provided for this purpose within
the advertising e-mail without costs arising other than the basic
costs of transmission.
Right of access and contact facility
You are entitled to access your personal information stored by us
at no charge, including the right to correct, block or delete such
data. Please use the contact details provided in our legal notice
should you have any queries concerning the collection, processing or
exploitation of your personal data, or should you wish to access,
correct, block or delete any data, or should you wish to withdraw any
approval provided for or object any use of such data.
Last changed 2 March 2018