Terms & Conditions
Auctionyourcask.com Terms & Conditions
The following are the terms and conditions (the "Terms") under which you (a "User") may use the web site of Cask Trade Ltd (the "Company"), trading as “Auction Your Cask.com”, at www.auctionyourcask.com, www.casktrade.com, www.auctionmycask.com and/or any other addresses (any or all of which are herein referred to as the "Web Site"). Please read this page carefully. By accessing and using the Web Site(s), you accept and agree to be bound, without modification, limitation or qualification, by the Terms. The Company may, at its sole discretion, modify or revise the Terms at any time by updating the text of this page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
Specific rules, in addition to these Terms, are provided with respect to transactions conducted on or in connection with the Web Site, and other rules may be provided for the use of certain other items, areas or services provided on or in connection with the Web Site, and you agree to be bound by such rules.
YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE. THE CONTENT OF SUCH AGREEMENT, INCLUSIVE OF THE TERMS AND ALL SUCH ADDITIONAL CONDITIONS AND NOTICES, ARE TOGETHER REFERRED TO HEREIN AS THE "AGREEMENT.". IF YOU DO NOT ACCEPT ANY OF THE PROVISIONS OF THE AGREEMENT, DO NOT USE THE WEB SITE.
General Website Terms and Conditions
1.1. The Material on the Web Site
WARNING: The content of the Web Site is not intended for minors. Such content includes alcoholic beverages as well as access to live or electronic bidding on alcoholic beverages that are illegal in the hands of minors and children and/or inappropriate for them to view or have access to. If you allow your child to use your computer, it is your responsibility to determine whether any of the services, content and subject matter displayed on the Web Site is inappropriate for your child, and to control the child's use of the computer accordingly.
The contents of the Web Site, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material ("Material" or "Materials"), are protected by copyright under the laws of the United Kingdom as well as other countries, and are owned or controlled by the Company or by third parties that have licensed their Material to the Company. The Company authorises you to view and download a single copy of the Material solely for your personal, non-commercial use, or in the case of dealers, to display to your clients solely for purposes of facilitating a transaction with the Company. The use of any software that is made available for downloading from the Web Site ("Software") is governed by the terms of the software licence agreement accompanying such software (the "Licence Agreement"), and is conditioned on your agreement to be bound by the terms of the Licence Agreement. All rights in and to the Material not expressly granted to you in the Agreement are reserved. Neither the availability of, nor anything contained within the Web Site shall be construed as conferring any licence under any of the Company's or any third party's intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel or otherwise.
Unauthorised use of the Material may violate copyright, trademark, and other laws. You may not sell or prepare derivative works based on or modify the Material (including, without limitation, preparation of summaries of the Material or "thumbnails" of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material or any portion thereof on any other web site, or in any publication, database, catalogue or compilation, or in a networked computer environment for any purpose other than personal browsing of the Web Site without the express prior written permission of the Company is strictly prohibited. With respect to any copy you make of the Material within the scope of the limited personal licence granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Material. Some of the Material may contain digital "watermarks" to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks. The trademarks, logos and service marks (the "Marks") displayed on the Web Site are owned by the Company or third parties. You are prohibited from using the Marks without the express, prior written permission of the Company or such third party. If you would like information about obtaining the Company's permission to use the Material on your web site, please email us at firstname.lastname@example.org
The Company reserves the right to employ robot exclusion headers and similar mechanisms within the Web Site, and you agree that you and all persons and facilities under your control will honour such headers and mechanisms. Regardless of the presence or absence of any such headers or mechanisms, and without limiting the generality of any other restriction on use of the Web Site or the Material set forth in this Agreement, you will not in any event use any robot, spider, or other automatic or manual device or process for the purpose of compiling information regarding the identification, address or other attributes of any of our Users, bidders or sellers, or to recreate in original or modified form any substantial portion of the Web Site. You further agree not to use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Web Site or any transactions being conducted on or in connection with the Web Sites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our servers or systems.
If you violate any provision of the Agreement, your permission to use the Material and the Web Site automatically terminate and you must immediately destroy any copies you have made of the Material.
The Company respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the company the following information:
1. an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest
2. a description of the copyrighted work that you claim has been infringed
3. a description of where the Material that you claim is infringing is located on the site
4. your address, telephone number, and e-mail address
5. a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf
The Company can be reached as follows:
Cask Trade Limited
203 Linen Hall
162-168 Regent Street
1.2. Privacy; User Submissions
The Company may provide certain areas of the Web Site (such as chat rooms, message boards or other facilities) designated as open to public access or to our Users at large (each of which is referred to herein as a "Public Area"). Generally, any communication that you post to a Public Area is considered to be non-confidential.
By posting communications (including any graphic or multimedia content) to any Public Area, you automatically grant the Company a royalty-free, perpetual, irrevocable non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, and publicly display the communication and any trademarks, names or likenesses therein alone or as part of compilations or other works in any form, media, or technology whether now known or hereafter developed, and to sublicence such rights through multiple tiers of sublicensees. (Provisions conferring similar rights on the Company may apply under separate terms or agreements with respect to certain matter submitted other than in Public Areas; you should check the applicable agreements or terms provided by the Company in order to ascertain your rights.)
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do any of the following things while accessing or using the Web Site or using the Material: (1) post or transmit any material unless you are the owner of all patent, trademark, copyright, trade secret or other proprietary rights ("Rights") therein, or have the permission of the owner of the Rights to post or transmit such material to the Web Site; (2) post material that otherwise violates any Rights of any third party or violates or infringes on the privacy or publicity rights of third parties; (3) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (4) post sexually-explicit language or images; (5) post advertisements or solicitations of business; (6) post or transmit any chain letters or pyramid schemes; (7) impersonate another person or entity; (8) intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Web Site or the Material; or (9) post or transmit any information containing a virus or other harmful component.
If notified by a User of communications that allegedly do not conform to any term of this Agreement, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to Users for performance or non-performance of such activities. The Company reserves the right, in its sole discretion, to expel Users and prevent their further access to the Web Site for violating this Agreement or the law. The Company also reserves the right at all times to disclose any information as necessary or deemed desirable by the Company to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company's sole discretion.
THE COMPANY DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS POSTED BY USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED BY USERS WILL BE AT YOUR OWN RISK.
1.3. Registration, Passwords and Signatures
In consideration of your use of the Web Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form that you may fill out on any Web Site (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or the Company has grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof).
You may receive a password and/or account designation, or a digital signature upon completing the registration process on the Company's Web Site. You are responsible for maintaining the confidentiality of any such password, digital signature and account, and are fully responsible for all activities that occur under your password, digital signature or account. You agree to (a) immediately notify the Company of any unauthorised use of your password, digital signature or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
1.4. Use of the Auction or Commerce Portions of the Web Site
The auction or commerce portions of the Web Site are available only to accepted registered clients of the Company. This excludes in all cases minors (meaning persons who have not reached their eighteenth birthday or the relevant age of legal majority in the jurisdiction where such person resides).
1.5. Links to Other Sites
The Web Site may contain links to third-party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
1.6. Liability Disclaimers
The Material may contain inaccuracies or typographical errors. Except as may be separately specifically provided with respect to a particular sale, the Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Any use of the Web Site and the Material is at your own risk. Advice received via the Web Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Changes are periodically made to the Web Site and may be made at any time. Some Material on the Web Site is provided by third parties and the Company shall not be held responsible for any such Material provided by third parties.
You acknowledge and agree that, in the event that there are discrepancies or differences between the descriptions of property provided on the Web Site, on the one hand, and the saleroom catalogue or saleroom addenda and announcements related to such property, on the other, the latter will in all events be considered to be authoritative and controlling.
The Company does not warrant that the web site will operate error-free, continuously or without interruption, or that the web site or its server are free of computer viruses or other harmful content. If your use of the web site or the material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
The web site and material are provided on an "as is" basis without any warranties of any kind. the Company and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of proprietary or third-party rights, and the warranty of fitness for particular purpose. the Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links.
1.7. Disclaimers of Certain Damages
If you are dissatisfied with any portion of the web site, or with any provision of the agreement, your sole and exclusive remedy is to discontinue using the web site. Under no circumstances shall the Company be liable to any user or any third party on account of that user's use of the web site. In no event shall the Company and/or its suppliers be liable to you or any such third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the web site, the delay or inability to use the web site, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the web site, or otherwise arising out of the use of the web site, whether based on contract, tort, strict liability or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any losses, liabilities, damages, costs, and expenses, including, without limitation, reasonable legal, expert and accounting fees, incurred in connection with any claims, actions or demands alleging or resulting from your use of the Material (including Software), your breach of this Agreement, or your violation of law or of the rights of any third party. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and, if it is one asserted by a third party, shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.
The Company makes no claim that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United Kingdom. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United Kingdom, you are responsible for compliance with the laws of your jurisdiction. The Web Site is based in the United Kingdom. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the United Kingdom. By using the Web Site, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Web Site shall be the courts of the United Kingdom. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision, and no waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Web Site.
2. Outline of Auction Terms
Before selling, bidding or buying at our Auctions you will be required to accept and sign up to separate agreements (as a “Seller” or a “Bidder” and (if a successful Bidder) a “Buyer”). However the following paragraphs set out some points of principle that apply to our Auctions and which you should be aware of before taking part in any Auction. If you are intending to bid on any lots at our Auctions please note in particular the conditions concerning ownership of Whisky as set out in paragraph 2.3.2 below.
Each Auction will run for 12 days, starting at 12:00hrs on a Wednesday and concluding at 18:00hrs on a Sunday. Bidding is only accepted whilst the auction is running and must be submitted via the online platform.
2.1 Legal Age of Buyers and Sellers
Any alcohol may ONLY be purchased AND/OR sold by to persons who are at least eighteen (18) years old in the United Kingdom or such other minimum age as is required in foreign jurisdictions (“Legal Age”). By using the Auction all potential Buyers (“Bidder(s)”) and Sellers (as the case may be) represent that they are at least of Legal Age.
2.2 Liability and Risk
2.2.1 The following lists indicate such risks as The Company considers material. However, it does not constitute a list of all possible risks.
The Following Risks are not the responsibility of the Company:
Whisky price movements – There is the risk of potential loss arising from a falling whisky price during the time in which you own whisky. This risk is not a Company responsibility.
Politics – The Government of the UK or Scotland might seek to constrain, disadvantage or tax the ownership of whisky to the detriment of its owners. The actuality or fear of government action might affect the value of your whisky. This risk is not a Company responsibility.
Bank transfer times - Bank transfers are not instantaneous, despite many being advertised as such. The time it takes for a payment to arrive, whether it is a payment to the Company intended to fund an auction purchase, or on the other hand a payment from the Company (in response to a cask sale via our auction) is not a Company responsibility. Payments received by the Company are processed within UK business hours, and if they are received outside of these hours, they will be processed on the next working day.
Identity theft – Identity theft is not a responsibility of the Company, and it is your duty to keep your Company account username and password confidential.
Liquidity risk - The risks associated with a lack of immediate liquidity are not a Company responsibility.
Insurance exclusions - As your property, your whisky is subject to insurance exclusions imposed by insurance underwriters in line with established insurance practice regarding the physical protection of your whisky. These excluded risks include events such as nuclear war. These are not a Company responsibility and are risks you undertake with respect to your whisky.
2.3 Title to Goods
2.3.1 The Company will take ownership of sold lots after the auction has concluded. The Seller irrevocably agrees to transfer the ownership of sold lots to the Company within 7 days of receiving funds.
2.3.2 Title of ownership for sold lots shall be passed on to the Buyer within 14 days of the receipt of funds by the Company from the Buyer PROVIDED THAT a Buyer shall only be able to take ownership of the relevant lots if they have a valid Warehousekeepers and Owners of Warehoused Goods Regulations Certificate (“WOWGR”) or Duty Representative. A WOWGR is required in order to own whisky held in bond in the UK. Should the Buyer not have a WOWGR certificate then they must appoint a UK Duty Representative. Should this not be possible, the Company may hold the whisky stock comprised in the lots on behalf of the Buyer under the Company’s WOWGR. Guidance can be found via the below website.
2.4 Currency & Payment
Auctions are conducted in UK Pounds GBP (£). The payment of the winning lot will be charged in GBP (£) for the winning bid. The actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company when you are actually charged. All fees are to be paid by the sender; any shortfalls will be reinvoiced before transfer of ownership.
2.5.1 The “Starting Bid” is the agreed upon opening bid price for an auction lot. At the start of auction, Bidders must place a bid at, or higher, than the Starting Bid. Auction lots may also include a Reserve. A “Reserve” is the minimum purchase price that the Seller is willing to accept for the lot.
2.5.2 Until the Reserve is met, the listing will show the message “Reserve not met.” When you bid on a lot with a reserve price, if your maximum bid meets or exceeds the reserve, the current bid will automatically increase to meet that reserve price. For example, if an auction lot has a reserve of £100, and Bidder A bids £10, then the current bid will stay at £10 and display “Reserve not met.” If Bidder B places a bid on the same lot for £150, the current bid will move up to £100 (the amount of the reserve) and the reserve is met. If nobody else places a bid, Bidder B will win at the price of £100.
2.5.3 If you place a bid on a lot X with a reserve, and your maximum bid is less than the reserve, then your current bid will increase to display your maximum bid. For example, Lot X has a reserve of £100 and a starting bid of £50, and a Bidder places a bid of £75, then the current bid will move up to £75. Since the reserve is not yet met in this scenario, your maximum bid would not be considered a winning bid. A lot must reach or exceed the reserve in order for it to be eligible for sale to the highest bidder.
2.6 Lot Retraction by a Seller
2.6.1 In an auction with a Reserve, the Seller may withdraw his or her lot at any time until the Reserve has been met. The Seller may decide to sell to the highest Bidder, should the lot not reach the reserve.
2.6.2 In an auction without reserve, after the auction begins, the Seller cannot withdraw his or her lot unless no bid has been made within a reasonable time.
2.7 Bid Increments
The Company’s auction utilises an incremental bidding system for the minimum a bid may be raised, based on the latest bid value. Please see the table below:
|Current Bid||Bidding Increment|
|£1,000 - £2,499||£50|
|£2,500 - £4,999||£100|
|£5,000 - £24,999||£250|
|£25,000 - £49,999||£500|
2.8 Completion of Purchases and Delivery
2.8.1 The term “latest bid” as used herein shall refer to the highest price at which any lot is bid on before the auction ends.
2.8.2 The purchase price due from the Buyer shall be the aggregate of the winning bid plus the Buyer’s Premium at 15% of the final bidding value., on the closing bid plus VAT at current rate (20% for example) on the Buyer’s premium.
3. Company Disclaimer
3.1. This legal notice should be read as an extension of any Terms and Conditions of the Company, trading as “Auction Your Cask.com”. The Company is not authorised or regulated by the FCA (Financial Conduct Authority). Whisky is not an investment of a specified kind within the scope of the Financial Services and Markets Act 2000 nor is it controlled investments subject to Section 21 of the Financial Services and Market Act 2000 and the Financial Promotion Order. The Company does not deal with “options”, futures or any regulated investments of a specified kind under the Financial Services and Markets Act 2000. No information provided should be deemed to constitute the provision of financial investment or other professional advice subject to regulation under the Financial Services and Market 2000.
3.2. The information and services described in any marketing materials or the website are not
intended to be used by or to be available to persons from outside the United Kingdom.
3.3. The value of Whisky and the incomes derived from them may go down as well as up and you may not receive back all the money which you invest.
3.4. The services described or recommended in our marketing materials or on the website may not be suitable for all people. You should seek your own professional advice as to the suitability of any such investment or service before you enter into any transaction. affiliates.
3.5. Any information relating to past valuation of Whisky is not necessarily a guide to future performance.
3.6. Fluctuations in the rate of exchange will not have an adverse effect on the value of these commodities while traded in the UK.
3.7. The information contained in the Company’s marketing materials or the Web Site is not intended to be an offer to buy or sell securities, and this Web Site should not be regarded as an offer of solicitation to conduct investment business of any investment or activity regulated by the FCA.