PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our alcohol/spirits auction website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern australianwhiskyauctions.com.au’s relationship with you in relation to your use of this website.
These Terms and Conditions govern your use of the Australian Whisky Auctions website and your participation in our auctions, including buying and selling Lots through the website.
By registering an account, placing a bid, submitting a Lot for auction, purchasing a Lot, or otherwise using our services, you agree to be bound by these Terms and Conditions.
You should read these Terms and Conditions carefully before registering, bidding or submitting any Lot for sale.
. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to australianwhiskyauctions.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
BUSINESS
Australian Whisky Auctions operates a website which sells goods as an agent for, and on behalf of, sellers on a consignment basis. We may, in our absolute discretion, refuse a person listing lots, bidding on lots or purchasing lots through our website. We reserve the right to suspend or remove accounts at any time if there is a breach of the Terms & Conditions.
AUCTIONS
If you make a bid on a lot, you are making an irrevocable offer to buy the lot at your bid price at the completion of the auction. This means you are making a legally binding contract with Australian Whisky Auctions to purchase the goods or services at the final hammer price plus buyers premium.
We reserve the right, at our absolute discretion, to withdraw any lot from sale (including after any bid(s) have been made) or make corrections to lot listings when incorrect information has been listed. We reserve the right to extend auctions in unforeseen circumstances such as website hacks, server downtime etc
All prices are stated in Australian dollars
BUYERS
If you are the highest bidder at the completion of the auction, you are required to make payment within 5 days from the completion time of the auction. If a buyer fails to make payment within 14 days of the completion of the auction, we reserve the right without further notice to the buyer, and without prejudice to any other rights or remedies it may have, be entitled to seek recovery from the buyer for the hammer price of the goods, re-listing fee of 20%, expenses relating to the debt recovery (collection costs and legal fees) and damages for breach of contract. We reserve the right to pass debt on to debt recovery agencies in relation to buyer defaults.
Please closely examine the images provided in each lot prior to placing a bid. High resolution images are provided when viewing from a computer. All lots being sold are second hand in nature and all condition defects are not specifically listed in the lots description. Due to the various ages of bottles and their seals, the condition of liquid is at the buyer's discretion. Lots will be sold as seen in the images provided on each lot.
Payments can be made by bank transfer or by debit/credit card (processed via Stripe). A buyer's premium of 13% (including GST) applies to the hammer price, reduced to 11% (including GST) for payments made by bank transfer.
If an item is passed in, you are more than welcome to make an offer that we will presented to our sellers if reasonable.
SELLERS
Sellers are prohibited from placing bids or arranging to have bids placed on behalf of the seller in respect to lots that they have listed for sale. Sellers can bid on other lots in the auction. If we find that a seller has used an associated person (including a friend, family member, or other related party) to bid on their own lot, artificially inflating the price, we reserve the right to disregard the associated person's bid(s) and sell the lot to the highest genuine bidder at the bid price immediately prior to the associated person's bid. Associated accounts may be identified by matching IP addresses, delivery addresses, payment details, or other account information, at our sole discretion.
Once a lot has gone live in an auction, it cannot be removed or withdrawn by the seller.
We are not responsible for any damage or loss during transportation to our possession. The seller must ensure they have adequate insurance to cover any damage or loss to the goods during transportation.
Sellers warrant that they are the legal owner of the lots provided, that they have the right to sell the lots, and that the lots are free of any encumbrance, mortgage, security interest or lien. Sellers further guarantee that the lots provided are authentic and that all submissions are truthful. When authenticity is questioned and confirmed to be false, we reserve the right to escalate the matter to legal or law enforcement.
If your bottle is passed in at the conclusion of an auction, we will endeavour to get the highest bidder to meet your reserve price unless we are notified not to before the conclusion of the auction. Passed in lots are automatically carried over and relisted in the following auction unless we are advised by phone or email that you wish to delist the lot.
If any monies are owed to us, we will provide 30 days' notice by email and mobile to the contact details held on your account. If the amount owed remains unpaid after that notice period, we reserve the right to auction any lots held in our possession to recover those fees.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and australianwhiskyauctions.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
We will not be liable for any failure or delay in performing our obligations under these terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, fire, flood or storm, pandemic or public health emergency, war or civil unrest, industrial action, failure or interruption of the internet, telecommunications, payment processing or transport networks, changes in government or liquor licensing regulations, or cyber-attacks affecting our website or systems. Where such an event occurs, we will take reasonable steps to notify affected buyers and sellers and to resume normal operations as soon as reasonably possible.
It is an essential pre-condition to you using our website that you agree and accept that australianwhiskyauctions.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), australianwhiskyauctions.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Shipping fees are calculated based on standard 700ml bottle sizing. Lots that are larger, heavier, or require additional packaging (for example, larger format bottles or multi-bottle gift sets) will be charged a shipping surcharge equivalent to the number of standard bottles the packaging requires. Where this applies, it will be noted on the individual lot page.
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of australianwhiskyauctions.com.au.
All deliveries must be signed for by a person of legal drinking age in your country of delivery and we reserve the right to ask for ID from the person receiving the delivery.
Storage & Uncollected Goods
A winning lot may be held in our storage free of charge for up to 90 days from the end of the auction to allow for consolidation of shipping with future auctions.
After 90 days, any uncollected goods will be transferred to long-term storage and storage fees of $0.50 per bottle per week will apply, billed automatically and weekly in advance. No pro-rata refunds apply for part weeks.
If outstanding fees exceed the value of the bottle(s) held, or storage fees otherwise remain unpaid, we will provide 30 days' notice by email and mobile to the contact details held on your account. If the fees remain unpaid after that notice period, we reserve the right to recover associated costs, including (but not limited to) the sale of stored goods to cover outstanding fees, handling costs, and any other reasonable expenses incurred.
RETURNS AND REFUNDS
australianwhiskyauctions.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 1 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of australianwhiskyauctions.com.au.
LINKS TO OTHER WEBSITES
australianwhiskyauctions.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between australianwhiskyauctions.com.au and the owners of those websites. australianwhiskyauctions.com.au takes no responsibility for any of the content found on the linked websites.
australianwhiskyauctions.com.au’s website may contain information or advertisements provided by third parties for which australianwhiskyauctions.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
DISCLAIMER
To the fullest extent permitted by law, australianwhiskyauctions.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. australianwhiskyauctions.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of australianwhiskyauctions.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
YOUR PRIVACY
At australianwhiskyauctions.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. australianwhiskyauctions.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.
THIRD PARTIES
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
australianwhiskyauctions.com.au may be required, in certain circumstances, to disclose information in good faith and where australianwhiskyauctions.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of australianwhiskyauctions.com.au. australianwhiskyauctions.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then australianwhiskyauctions.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. australianwhiskyauctions.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
australianwhiskyauctions.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and australianwhiskyauctions.com.au concerning your use and access to australianwhiskyauctions.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
FOOD OR CATERING
The information contained in this website is for general information purposes only and is not meant to substitute professional dietary advice or treatment. If you have or suspect you may have allergies or medical issues which may be affected by certain foods, or, after taking any of our products, find you may have or be experiencing side effects, you should promptly contact your health care provider. Any statements regarding dietary supplements are to be used at your discretion and are not intended to diagnose, treat, cure or prevent any disease.
COMPLAINTS AND DISPUTE RESOLUTION
If you have a complaint or dispute relating to your dealings with us, please contact our Auction Manager, James, in the first instance at [email protected]. If your complaint is not resolved to your satisfaction, you may escalate it to the owner, Sean, at [email protected]. Nothing in this clause limits any rights you may have under the Australian Consumer Law, including your right to lodge a complaint with a relevant regulator at any time.
JURISDICTION
This agreement and this website are subject to the laws of VIC and Australia. If there is a dispute between you and australianwhiskyauctions.com.au that results in litigation then you must submit to the jurisdiction of the courts of VIC.
