Auction Rules
GBT General Business Terms
of WhiskyAuction.Com GbR
& Data Privacy Statement

Only the german version is legally binding.

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.

1) Bidding 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 as empty.
No guarantee at all can be given upon the filling hight (photo - delivery).

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.

1.6 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.

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 each bidding page.  The closing time of the auction can only be expended by the auctioneer.

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 photo.

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 guarantee.

1.16 Wrong 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.
"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.”—

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

- 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 registration form.

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 further auctions.

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 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 25a UStG.

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.

2) Terms 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, evaporation 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 bidder.

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 commercially.

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 or more single successful parts of a payment even of the same 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.

3) Terms 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.

3.2 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 Rendsburg 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 100.000,- Euro.
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 WhiskyAuction.Com.

3.20 Whiskies with more than 70% vol. alkohol are not accepted.



Right of Revocation

Instructions on Revocation

Right of Revocation

You have the right to withdraw from this contract within 14 days without giving any reason.

The 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.

To 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: 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

If 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.

You 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.


Model cancellation form

Thomas Krüger, WA.Com
Timmerloh 8
D-24787 Fockbek
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 following service[*],

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.


Data protection


Last changed 24 May 2018



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