Terms And Conditions

  1. Who we are:

    Royal Mile Whisky Auctions Ltd operates and owns this website. By using this website you are deemed to have read and agreed to the following Terms and Conditions.

    Registered in Scotland: SC566739

    Registered Office:

    Royal Mile Whisky Auctions Ltd.
    379 High Street
    Edinburgh
    EH1 1PW
    0131 524 9389
    info@rmw.auction

     

  2. Definitions -

    In these Terms and Conditions the following terms shall have the following meanings:

    “Website” or “The Site” – means the website you are currently using – www.rmw.auction
    “You”, “Your”, “User”, “Bidder”, “Buyer “and “Seller” – refers to you, the person registering to use the website and accepting these Terms and Conditions.
    “The Company”, “Us”, “Our”, “Ourselves”, “We” – refers to Royal Mile Whisky Auctions Limited, the operator and owner of this website, www.rmw.auction.
    “Lot”, “Item” or “Items” – Means an item entered for an auction on the Website on behalf of a User.

     
  3. Services we provide

    This Website acts as a venue to allow sellers to put up for sale their Whisky and/or other alcoholic goods and buyers to purchase these goods at auction.
     

  4. Legal Age of Buyers and Sellers –

    Any purchase or sale entered into can only be made by to persons who are at least Eighteen (18) years of age, as per current Licensing laws in Scotland, or such other minimum age that is required in foreign jurisdictions. By accessing and using this Website, you confirm that you are of Legal Age. At the time of delivery, the courier will require the signature of an adult of Legal Age and may require proof of age. If this is not provided the Courier may refuse the delivery, at their discretion.
     

  5. Currency & VAT -

    All Royal Mile Whisky Auctions Ltd auctions and payment transactions are conducted in UK Pounds (GBP).

    Royal Mile Whisky Auctions Limited is registered with the Auctioneers Scheme in relation to vat. Vat is only applied on Commission and Fees, charged by us.

    Please note that if you are a Vat registered business and you wish to sell items using our auction service, you will need to account for Vat in the correct way. Royal Mile Whisky Auctions are only liable for the Vat on our services charged.
     

  6. Registration

    All Users will be required to register on the Website in order to buy and sell items. Registration is free, but the Site requires that all potential buyers verify their credit card details through Sagepay, our online payment gateway. Royal Mile Whisky Auctions Ltd do not store any card details. These will be securely stored by Sagepay in accordance with current PCI Regulations. Users are required to keep details of their account confidential and not shared with any third party. The liability will lie with you if any bids are made through your account. Sellers will be required to register as per clause 7.
     

  7. Selling an Item

    In order to sell items in our auctions, all sellers must register by following the process here

    We will require your bank details in order to make payment, once a Lot has sold and all fees have been accounted for.

    Please see our Privacy statement in relation to how we store personal data. All personal data is held and processed in accordance with the Data Protection Act 1998.

    Once registered, please email our auctioneer at info@rmw.auction in order to discuss the items you wish to sell.

    All listings will be prepared and submitted by us but will be based on the information provided by the seller.

    We reserve the right to mention in any listing our own assessment of the state or the condition of an item.

    By using our services, you confirm that you are the legal owner of the items and they are authentic.

    We reserve the right to reject any item if there is any doubt over its authenticity. Where appropriate, we will use outside specialists to assist in verifying the authenticity of an item.

    Any rejected item will be returned to the seller at the seller’s expense.

    If the item is proved to be counterfeit, we reserve the right to dispose of the item. A reasonable charge will be made in order to appropriately remove or destroy any counterfeit items.

    Any seller found attempting to sell counterfeit items through our auctions will be banned from using our services.

    Please note the Ethics policy in regard to bottles we will not list in Auctions.
     

  8. Transportation of Items to Us

    It is the responsibility of the Seller to ensure all items are transported to us. All costs and insurance must be borne by the Seller. If you are dropping off the items to one of our shops (see how to sell section), the timing must be agreed with staff from Royal Mile Whisky Auctions in order to be entered in the correct auction.

    The seller may drop off items for auction at any of the following premises –

    - Royal Mile Whisky Auctions, Unit 7 27 Beaverhall Road, Edinburgh, EH7 4JE
    Royal Mile Whiskies, 379 High Street, Edinburgh, EH1 1PW (no drop off or collections during the month of August)
    Royal Mile Whiskies, 3 Bloomsbury Street, London WC1B 3QE
    Drinkmonger, 11 Bruntsfield Place, Edinburgh, EH10 4HN
    Drinkmonger, 100 Atholl Road, Pitlochry, Perthshire, PH16 5BL

    Once we have received the items from you, we will confirm by email our intention to include them in a specific auction.

    We also reserve the right to decline any items. Sellers should ensure that any information submitted in relations to the items they wish to sell is accurate and truthful.
     

  9. Sellers Fees and Commission

    There is no charge to enter a Lot in our auctions unless you would like to have a Reserve price placed on the Lot. If so, the cost per lot is £5.00 plus vat.

    If a Lot with a reserve price fails to sell in an auction, the seller may relist on the next auction. The seller is liable for all transportation and insurance costs if the items are returned.

    Commission due to Royal Mile Whisky Auctions on a successfully sold Lot shall be 5% of the final purchase price.

    Vat is applicable on all Commission, fees and surcharges. For all bottles sold for under £100.00 (Hammer price), we will charge a minimum selling fee of £5.00 plus vat.
     

  10. Payment to Sellers

    Payment to sellers will not be processed until full payment has been received from the buyer.

    Unless there are delivery delays in getting Lots to purchasers, this process should take no longer than 30 days.

    Payment will be made to the seller’s bank account by Bacs, less deductions for Commission and fees.

    For non-UK sellers, all payments made by International transfer will incur fees. The Company will not be liable for these and will be deducted from the total payment due to the Seller.
     

  11. Withdrawal by the Seller –

    The seller may withdraw a Lot by giving written notice to us from the time we receive the items, up to 48 hours prior to the start of the relevant auction.

    We reserve the right to charge the minimum fee of £5.00 plus vat per Lot withdrawn.
     

  12. Bidding & Buying –

    All buyers must register on the site in order to bid on Lots. See Registration clause 6.

    A bid is an irrevocable offer made by a Bidder to buy the listed item.

    Sellers are strictly prohibited from bidding on their own items. This also includes family and friends of sellers who are attempting to artificially inflate the price of a Lot. Anyone found to be undertaking this will banned from using the site and the offending bids removed.

    If an incorrect amount has been lodged in error, please contact us as soon as possible. If it does not interfere with the smooth running of the auction, we may consider retracting or reducing the bid to the winning bid amount at that point. Bids cannot otherwise be retracted. Royal Mile Whisky Auctions reserve the right to prevent the bidder from future participation in our auctions as a result of bid retraction.

    Any bids placed on a Lot within the last 2 minutes of the auction timer will prolong that Lot by a further 3 minutes.

    Once the auction has ended, the winning bid cannot be retracted.

    Bidders are responsible for ensuring that they have sufficient funds to cover their bid(s).

    Bidders are required to conduct their own research and due diligence. All items are sold on an “as seen” basis. If Bidders require more detailed information on a particular lot, please contact us at least 24 hours in advance of the end of the auction.

    The winning bid will be the highest at the end of the auction and above any Sellers’ reserve price. This bid will be accepted by us and a legally binding contract then exists under which the Bidder is obliged to purchase the item at the price of the winning bid, plus any commission, fees and delivery charges, applied by us.

    Bidders may, in the instance that there has been a clear error in a Lot description, have a legal right to return items to the company. Any request for a return must be made within 14 days of the conclusion of the relevant auction. Refunds will be processed only once the items have been returned safely to us.

    Any request for a return or other dispute must be notified within 14 days in accordance with this clause, otherwise the agreement will be binding and no returns or other disputes will be entertained.

    You acknowledge that the Consumer Contracts Regulations (2013) do not apply to the sale of goods by Auction and thus do not apply to this Website or any transactions completed through it.

    Bid Increments

    Price Range Increment
    £0 - £24.99 £1.00
    £25.00 - £49.99 £2.00
    £50.00 - £99.99 £5.00
    £100.00 - £499.99 £10.00
    £500.00 - £999.99 £25.00
    £1,000.00 - £1,999.99 £50.00
    £2,000.00 - No Limit £100.00

     
  13. Payment of Purchases, Commission and Fees -

    Payment for items may be made by credit or debit card within three working days from the end of the auction, using our online payment provider, Sagepay. There are no additional fees for using this service.

    Buyers will be charged a commission of 10% of the hammer price (plus vat) in addition to the Lot price.

    The Company will only release items to the winning Bidder when funds have cleared in full.

    Legal title in and to items shall transfer to the bidder only upon receipt of all sums due.

    If no payment has been received within four days, we reserve the right to charge a late payment fee of 5% of the Hammer price. We also reserve the right to, under certain circumstances, cancel the contract and offer the items up for sale at our next auction.

    Delivery options will be offered before final checkout. Full delivery pricing is found here.

    Buyers shipping items outside the UK are liable for all local Customs charges and duties. Buyers must comply with all local laws in relation to the importation of alcohol. All customs documents (for deliveries outside the European Union) will include the full value paid for the item or items. Royal Mile Whisky Auctions Limited are not liable for any breach of non-UK Customs laws and regulations that may occur.

    If you wish to include delivery insurance through ourselves, please contact us. This will be charged at an additional 3% of the Hammer price, plus vat.

    Buyers may collect from one of the following licenced addresses, but please note that there may be a delay in getting the items transferred to these locations.

    Royal Mile Whiskies, 379 High Street, Edinburgh, EH1 1PW (no drop off or collections during the month of August)

    Royal Mile Whiskies, 3 Bloomsbury Street, London WC1B 3QE

    Drinkmonger, 11 Bruntsfield Place, Edinburgh, EH10 4HN

    Drinkmonger, 100 Atholl Road, Pitlochry, Perthshire, PH16 5BL

    If collection is requested, we will contact the buyer to advice on suitable timing. As these are licenced premises, collection can only be undertaken during Licenced opening hours.

    Please note that unless there has been prior agreement (especially in regards to non-UK residents who may wish to collect items), Lots that remain uncollected after 30 days are liable to a storage charge of £2.00 per day plus vat. Royal Mile Whisky Auctions will not be liable to any damage or change in condition to purchased items that remain uncollected after 30 days.
     

  14. Courier Delivery

    If courier delivery is requested by the buyer, the company aim to process and ship the items as soon as we can, after full payment has been made. It may take up to 7 days to dispatch items from the payment date.

    A person of suitable legal age is required to sign for the delivery.

    Due to the age and fragile nature of some of the items in our auctions, buyers must be aware that Courier deliveries may result in leakages and damage to bottles and/or packaging. The company is not liable for any such leakages, breakages or deterioration, which may arise while the goods are being transported from our premises to your premises. It is the buyer’s responsibility to ensure that purchases are sufficiently insured during transportation, unless insurance has been arranged with us.

    The locations we are able to ship alcohol to are listed on our delivery page. If you are uncertain about whether we are able to ship to your location, please contact us. As in section 13, please note that the buyer is liable for all local customs charges and duties.
     

  15. Confidentiality –

    User records shall be held by us in confidence and shall not be divulged to any third party, other than if legally required to do so by the appropriate authorities.

    Users have the right to request copies of any user records pertaining to them and kept by us by giving us notice in writing. We will comply with any such notice within a reasonable timeframe.

    We shall not sell, share or otherwise provide any third party with information personal to users or use your email address other than to inform you of Royal Mile Whisky Auctions related business.
     

  16. Disclaimers –

    The company make no warranty or representation that the Website will meet your requirements, that it will be satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

    Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, the Company makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.

    Whilst every effort has been made to ensure that all descriptions of services available from the Company correspond to the actual services available, the Company is not responsible for any variations from these descriptions.

    Whilst the Company uses reasonable endeavours to ensure that the Website is secure and free from errors, viruses and malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
     

  17. Links –

    This Website may contain links to other websites. Unless expressly stated, these sites are not under the control of the Company. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
     

  18. Notification of Changes –

    We reserve the right to change any or all of these terms and conditions from time to time as we see fit and your continuing use of the website shall signify tacit acceptance of any such changes. We would advise all users to access these terms and conditions each time you use the site.
     

  19. Force Majeure -

    Neither party shall be liable to the other for any failure to perform (whether temporarily or permanently) any obligation under any Agreement which is due to a Force Majeure event which is beyond the control and without fault or negligence of the Party affected and which, by the exercise of reasonable diligence, the said Party is unable to provide against. For the purposes of this section, a Force Majeure event shall include but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control,. For the avoidance of doubt, an inability to perform arising out of a lack of financial resources shall not constitute Force Majeure. Any Party affected by such event shall forthwith inform the Company of the same and the two shall agree a mutually acceptable course of action to minimise any effects of such occurrence.
     

  20. Privacy and Cookies

    Please see our full privacy statement and Cookie policy here.
     

  21. Governing Law –

    All legal issues arising under these terms will be governed by the Laws of Scotland and you agree to submit to the exclusive jurisdiction of the Courts of Scotland.
     

  22. Communication –

    If you have any queries regarding these terms and conditions and the operation of the website, our contact details are –

    Royal Mile Whisky Auctions Limited
    Unit 7
    27 Beaverhall Road
    Edinburgh
    EH7 4JE
    0131 524 9389
    info@rmw.auction