Terms & Conditions
TERMS AND CONDITIONS for sellers & buyers
Updated January 2024
If you are successful and buy a cask on the Website you shall additionally be subject to the Cask Trade terms and conditions found here in relation to the holding, storage and/or processing of your cask.
References in these terms and conditions to ‘Auctionyourcask.com’, ‘we’ or ‘us’ refer to the auction platform of Cask Trade Limited, a company registered in England & Wales with company no: 11657830. References herein to ‘you’ and ‘your’ mean the person or entity registering to use the Website.
1. Our Services
1.1 We provide auctioneering services on our Website whereby sellers may sell their casks (“Cask(s)”) and a purchaser may purchase such Cask(s) by online auction. These will be sold and purchased in lots, with one lot meaning the Cask(s) made available to purchase by auction at any one time.
1.2 The auctions take place on the Website and whether you are a seller or a buyer, you will require to register with our Website.
2. Registration with Auctionyourcask.com
2.1 Registration on the Website ("Registration") is free. However, if you want to bid you will need to pay a registration fee of £5.
2.3 Once you have registered you are expected to keep your information up to date in your account and are required to keep your account details and passwords strictly confidential and you must not permit any third party to use or access your account on your behalf. You will be liable for any and all bids made using your account.
2.3.1 If the Company holds the whisky stock comprised in the lots on behalf of the Buyer under the Company’s WOWGR, then the Cask Trade terms found here shall apply.
3. Age Restriction
3.1 Please note that you must be over the age of 18 years old (or the legal age within your own country of residence) to register and sell and/or buy Cask(s) via the Website.
3.2 We reserve the right to ask buyers and sellers for identification to prevent fraud, underage purchases and/or any other legal or legitimate purpose.
4. Terms Relevant to Sellers
4.1 Once you have registered with us, please contact us at info@Auctionyourcask.com or by calling +442037463030 to discuss putting your Cask(s) up for auction.
4.2 You will need to complete the Cask Seller Form, attach the required documentation, and sign the form.
Authentication of Casks
4.3 Once we have received and reviewed the Cask Seller Form and the relevant documentation, we will send you a confirmatory email confirming whether or not we agree to put your cask(s) up for auction. For the avoidance of doubt, it is our decision whether to add your cask(s) to our auction.
4.4 We reserve the right to contact the warehouse where the cask is stored to confirm the cask is stored there and owned by you. You agree to provide consent for us to contact the relevant warehouse.
4.5 We reserve the right to remove any lots from the auction should the veracity of the authentication not be fully confirmed.
4.6 Sellers shall ensure that all information submitted with the cask(s) they wish to sell is accurate and truthful. Notwithstanding the foregoing, Auction Your Cask reserves the right to prepare and word any listing as they deem appropriate. Any inaccurate information provided by the seller relating to the Cask(s) may result in a buyer rejecting the Cask(s), in which case the seller agrees to be responsible for any costs associated with any rejection and shall pay such sums reasonably incurred by us in handling such rejection including costs incurred in the buyer returning the rejected Cask(s) to us.
4.7 Sellers are strictly forbidden to bid on their own Cask(s) and/or have relatives or friends artificially increase the value of the Cask(s). This activity is prohibited and if discovered, this may result in us terminating your contract with immediate effect by serving you an email. We also reserve the right to retain any monies paid to us for listing fees and charge you a further administration fee of £30 per lot.
Costs and Commission for Selling your Cask(s) via Auction
4.8 We do not charge the seller for listing the item however should you decide to withdraw your good less than 2 weeks before the auction commences you will be liable to an administration fee of £100+vat.
4.9 On completion of the auction, our commission is set at 15% of the final purchase price and is payable by the Buyer (not the Seller).
4.10 The Seller will receive the Hammer Price (should the reserve price be met).
4.11 Should the cask(s) not sell in the auction we will discuss with you various options:
4.11.1 Accept the highest bid even though the reserve price was not met
4.11.2 Re-list your cask(s) in a subsequent auction
4.11.3 Accept an offer from Cask Trade Limited
Payment to Sellers
4.12 We will not process a payment to you for Cask(s) sold on your behalf until:
4.12.1 the buyer has paid us all sums due in relation to the purchase of the Cask(s),
4.12.2 the seller (or the seller’s licence holder and representative) has issued a delivery order to Cask Trade Limited
4.12.3 the buyer has not exercised their rights to cancel the purchase under section 6.4 and 6.5 of these terms, after which we shall remit monies due to you as soon as reasonably practicable.
5. Terms Relevant to Buyers
5.1 Once you have successfully registered with the Website, you will be eligible to place a bid. More information on the process can be found at https://www.Auctionyourcask.com
5.2 A full description of the Cask(s) shall be given on the auction page on our website. During an auction you can bid for a good by clicking the ‘bid’ function. You acknowledge that you are bidding in a live auction and agree that, subject to section 6.4 of these terms, each bid submitted as provided in these terms and conditions are irrevocable and cannot be amended or corrected. Each bid shall be final and binding. You accept all liability for bids submitted via your account (including the liability to pay in full and on time in accordance with these terms and conditions).
5.3 Subject to reserve price having been achieved, the highest bid placed on any lot at the time the auction closes will be deemed as the winning bid. The buyer will receive a confirmatory email notification of any winning bid. You will accept all responsibility for bids placed via your account in accordance with these terms. The contract or your purchase of Cask(s) shall be deemed to be concluded once we send you the confirmatory email.
5.4 Auction Your Cask reserves the right to reject any Registration, reject any bid placed, alter reserves and to withdraw permissions for users on our Website, at its discretion (acting reasonably).
Costs and Commission due when purchasing Cask(s) via Auction
5.5 Our commission is 15% of the hammer price of the relevant Cask(s).
5.6 The successful bidder is obliged to pay to us the hammer price of the auctioned Cask(s) plus our commission as set out in section 5.5 of these terms in full, within seven (7) days from the day following receipt of our confirmatory email and invoice.
5.7 The payment will be transferred to the Cask Trade Ltd Client Bank Account (Barclays PLC Sort Code:202949 Account number: 13986993). This account will be detailed on the invoice.
5.8 Once payment is received, the process of transferring the title of the Cask(s) will commence:
5.8.1 If the Buyer has a licence the good can be transferred via a delivery order at the location specified by the buyer. The buyer is responsible for all movement costs to move the cask to a warehouse where the cask(s) can be DO’d to them or their licence holder and representative.
5.8.2 If payment is not received in full within 7 days, we reserve the right to (i) cancel the sale and re-auction the relevant Cask(s) or return the Cask(s) to the seller; and/or (ii) ban the buyer from using our Website or services in the future.
5.9 Payment to us can be made by Bank Transfer/BACS, Debit Card, or Credit Card (3% surcharge applicable).
5.10 VAT is not applicable on the Cask(s) or commission as the Cask(s) are to remain in bond.
5.11 Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement.
6. Cancellation Rights
A Seller’s right to cancel
6.1 Sellers have the right to cancel any lot provided for auction and receive a refund of all monies paid to us for listing or reservation fees, subject to notification being provided to us, within fourteen (14) days of the day after we send the seller a confirmatory email informing the seller we shall auction their Cask(s). Notwithstanding the foregoing, should the seller agree to the Cask(s) being auctioned before the expiry of the fourteen (14) day cancellation period, the Seller acknowledges that he/she waives their right to cancel the contract without liability once the auction commences.
6.2 Should a seller wish to cancel any contract with us to auction Cask(s):
6.2.1 following the expiry of the fourteen (14) day period referred to in section 6.1 yet before a bid has been placed, it is at our discretion as to whether to accept your wish to cancel the contract. Should we agree to cancel the contract, we reserve the right to charge a reasonable administration levy for the removal of the item;
6.2.2 when an auction is underway and a bid has been placed on an item, it is at our discretion as to whether to accept your wish to cancel the contract. Should we agree to cancel the contract, we reserve the right to retain all listing fees paid to us plus a withdrawal fee of 15% of the current bid (minimum of £10).
A Buyer’s right to Cancel
6.3 Buyers have the right to cancel their purchase within fourteen (14) days from the day after the auction ends
6.4 We act as agent for the various sellers in the sale of their Cask(s) to the buyers. However, all of the Cask(s) which are listed for sale in the auctions on our Website have been examined by us in relation to their condition and authenticity. In the event that you receive the Cask(s) and believe that they do not conform to the description at auction or have doubts as to their provenance or authenticity, then please advise us as soon as possible, and we will assist you in attempting to confirm the description, authenticity or provenance of the Cask(s). In the event that this is communicated to us within fourteen (14) days from you receiving the Cask(s) then we shall give you the option to cancel your purchase of the Cask(s) and receive a full refund. In the event that you communicate a reasonable concern to us after this period has ended, then we reserve the right to deal with your concern by either (i) at our discretion offering you a refund of the price paid for the Cask(s) (including our commission) or (ii) disclosing to you the identity and contact details of the seller to allow you to further pursue any issues you may have with regards to the Cask(s). The terms of this section 6.5 do not affect the buyer’s statutory rights to cancel the contract for the purchase of the Cask(s) which are covered by section 6.4.
7. Cancellation Contact Details
7.1 If you wish to cancel a purchase of Cask(s) in accordance with section 6.4 or section 6.5, please contact us at info@Auctionyourcask.com as soon as possible. Cancellations can be made via our Cancellation Form and sent via email to info@Auctionyourcask.com. We will send you a confirmation email confirming we have received, if appropriate, and executed your request.
8. Our Rights to Cancel or Terminate the contract
8.2 Where we terminate a contract with a seller or a buyer, we reserve the right to ban such parties from using our Website and services again.
9.1 Auction Your Cask does not attempt to exclude its liability for death or personal injury suffered by you and which is caused by our negligence, or fraud.
9.2 Where you are a consumer and we have failed to comply with our obligations under these terms, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, we both knew it may happen.
9.3 Subject to sections 9.1 and 9.2:
9.3.1 Auction Your Cask shall not be liable for indirect and consequential loss arising under or in relation to these terms;
9.3.2 Except as otherwise stated in these terms, we exclude any warranties of any kind, implied or express, under or in relation to these terms in so far as we are able to do so under applicable law; and
9.3.3 Auction Your Cask limits our entire and aggregate liability to you under or in relation to these terms to the fees paid by you to us at the date of the event giving rise to the claim.
10. Safeguarding the Integrity of Our Auctions
10.1 Although an online auction is not treated in the same way as a public auction where all of the bidders and the Cask(s) being bid on are present, we aim to maintain the integrity of our auctions so that they are as close to a public auction experience as possible.
10.2 We reserve the right to take the following actions in pursuit of that aim:
10.3 As regards buyers: We reserve the right to cancel the Registration of any person and prohibit such person from buying Cask(s) through our Website for any reason, but some of the possible reasons are:
10.3.1 if a person seeks to withdraw from the purchase of Cask(s) where that person has been the highest bidder at the close of the auction;
10.3.2 if we believe that person is acting as a proxy or nominee for an undisclosed third party
10.4 As regards sellers
10.4.1 We reserve the right to refuse to allow any person to offer Cask(s) through our Website for any reason, but including if we believe that person is selling such Cask(s) in the course of a business and not disclosing this to us;
11. Force Majeure
11.1 Neither party shall be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
12.1 Our failure to enforce any of the provisions set out herein, or failure to exercise any option to terminate, shall not be construed as waiver of any such provision and shall not affect the validity of these terms and conditions or of any part thereof, or the right thereafter to enforce each and every provision.
13.1 In the event that any of these terms and conditions are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from these terms and the remaining terms shall continue to apply.
14. Notification of Changes
14.1 Auction Your Cask reserves the right to change these terms with immediate effect from time to time as it sees fit and your continued use of the Website will signify your acceptance of any adjustment to these terms. If there are any changes to our policies, we will announce that these changes have been made on our home page and on other key pages on our Website. If there are any changes in how we use our website customers’ personally identifiable information, notification by email or postal mail will be made to those affected by this change.
14.2 Notwithstanding the above, your statutory consumer rights are unaffected by this section.
15. Governing Law
15.1 The Laws of England shall govern these terms. By accessing our Website, using or purchasing our services you shall be deemed to have accepted said terms and conditions and in so doing you consent to the exclusive jurisdiction of the courts of England.