Terms and Conditions

Terminology

In registering to the website you have accepted the terms and conditions. The terminology applies throughout the terms and conditions section where:

Client, you and and your – The website user
The company, ourselves, we & us – Malt whisky Agency
Party & Parties – Both Malt Whisky Agency & Website user
The Buyer – Product purchaser
Item – Product being sold
Listing – The item being sold online

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing to Scots Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Registration

You don’t have to register to buy on our website, feel free to browse and put in the basket. Please check your “Spam” for any stray emails. Please read the age restrictions section. You will find more information in the Frequently Asked Questions (FAQ’s) page.

Age Restrictions

We can only act as agents in the sale of alcohol to those over the age of 18 years (or the legal age of your state or country of residence). The buyer confirms by using the website, that they are of legal age for their country of jurisdiction. The buyer using the website, is also confirming that the recipient of the goods is also of legal age for their country of residence. Receipt of the goods shall require a signature and there may be requirement for proof of I.D. for age purposes.

Confidentiality

Our client’s details are confidential and will not be divulged to any outside party unless legally compelled to do so. Given reasonable notice, we shall provide the client access to these details and provide copies if requested. We also shall not pass your information to third parties. We shall only contact you with reference to the services that we provide in connection to the site. We advise that clients retain literature supplied by us.

Online Buying Process

You will be able to purchase an item from the item description page. By doing so, you accept that you are buying according to Malt Whisky Agency’s terms and conditions.

Indemnities given by the Seller

You agree to indemnify us against all claims, proceedings, liabilities, costs, expenses or losses arising from:

(i) any actual or alleged breach of any undertaking or obligation by you to us, whether by act or omission or otherwise;

(ii) any injury, loss or damage caused to any person by you;

(iii) our exercising any of our rights, powers and /or duties in terms of this Agreement;

(iv) our receiving or recovering (or seeking to recover where you have authorised us to do so) any successful bid price obtained;

(v) your fraud and our exercising any of our rights or powers in the event of fraud;

(vi) any error, mis-description or omission in any description of the Lot so long as it was not caused by a breach of our duty to you under this Agreement to exercise reasonable care and skill.

Payment

Payment by debit card incurs no surcharge. Courier charges inside and outside the UK will incur additional charges. All major Credit/Debit Cards or BACS Transfer are all acceptable methods of payment. International Banking Transfers will attract a fee. All items remain the property of Malt Whisky Agency and title does not transfer to the buyer until payment has been made

The buyer acknowledges and agrees that Malt Whisky Agency has contracted a third party payment processor Worldpay/PayPal/Stripe to manage the storage of the buyer’s/user’s payment details and enable payments as appropriate to be processed and debited for the item or items purchased.

The Buyer’s payment details will be stored in a PCI compliant manner by the Worldpay/PayPal/Stripe payment gateway and Malt Whisky Agency can process payments and refunds via the third party payment processor. Such third party payment processors are obligated to protect the security and confidentiality of the Bidder/Users information

Currency

All prices quoted for our website are in UK Pounds (£). All transaction costs, insurance and shipping and vat charges are in UK Pounds (£). Any exchange charges incurred for other currencies are determined by your Credit Card.

After Sale/Obligations of the Buyer

Notification will be given by email and the buyer accepts the responsibility within the terms and conditions. The buyer will indicate at invoice stage whether the item is to be shipped or collected, requires insurance, and makes the full payment of the sale. With Payment, title of the sale item transfers from seller to buyer. Thereafter, we retain the right to cancel the contract unless notified by email as soon as possible.

Due to the ages of some bottles and their seals, condition of the liquid is at the buyer’s discretion, although we strive that the item bought leaves us in perfect condition, no claim can be lodged against failure/leakage in transit.

Delivery Charge

Delivery charges vary according to your location and weight of the items. Charges are calculated at the Checkout.

Delivery to Buyer

We undertake to use our best efforts to have the successful sale items delivered to the address given by the buyer and that all such deliveries shall be by a reputable courier of our choosing and must be signed for or photographed at delivery.

Any buyer, who seeks re-direction from original address given, may make such arrangements with the courier for which a potential additional charge will be made, please contact the courier.

You will become the owner of the goods you have ordered when payment has been made. Once the goods have been delivered they will be held at your own risk and we will not be liable for their loss or destruction.

Where a delivery is made to a Buyer residing outside the UK, it is the responsibility of the buyer for any Customs charges or duties arising.

The Buyer shall also be responsible for ensuring that the Customs laws and regulations pertaining to their jurisdiction allow the importation of any Lot and shall be responsible for complying with all such Customs laws and regulations in relation thereto, any money lost of a consequence will not be refunded.

Malt Whisky Agency shall not be liable for any breach of non-UK Customs laws and regulations which may occur. Malt Whisky Agency will take all reasonable steps to suitable packaging will be used to courier any item but will not be responsible for any breakages or damage or seal leakage to any such item whilst in transit, the buyer has an option to insure the item against damages when purchasing the bottle.

If your parcel is returned to us for any reason, we will give you the option to either re-send the item or arrange to re-submit the items in our next auction.

Please note that Malt Whisky Agency cannot be held responsible for any delays or seizures by customs or any other third-party, it is the customer’s duty to adhere to local custom, rules and laws for their own county.

Shipping Information

1. If the shipping option is selected after the sale the item will be shipped to the buyer direct from the premises after receiving payment for the purchase price and shipping charges. Please allow up to 7 working days after the initial booking of shipment for delivery.

2. Malt Whisky Agency shall not be party to contravention of a state’s customs policy.

3. We recommend the Buyer to purchase shipping insurance on all shipments, at the time of shipment. It’s solely at the buyer’s discretion to do so, if no insurance is taken then no claim can be lodged.

4. Though every effort is made to describe or measure the levels of older vintages, corks can lose their elasticity and levels within the bottle can change during shipping

5. Under no circumstances can an adjustment of price or credit be made after delivery if the product has been affected by cork failure.

6. Further provision regarding items packed in original wood cases may incur additional shipping fees due to additional weight.

Collection

Buyers can collect from our premises during opening hours. Availability for uplift of items by advance agreed appointment.

Exclusions and Limitations

To the fullest extent permitted by law we hereby exclude all representations and warranties relating to our website and its contents or which is or may be provided by any affiliates or any other third-party, including in relation to any inaccuracies or omissions in this website and/or our literature.

We shall have no liability for damages arising out of or in connection with your use of our website. This includes, without limitation, direct loss, loss of business or profits (whether the loss of such profits was foreseeable, arose in the normal course of business or your having advised us of the possibility of such potential loss), damage caused to your hardware, software, systems or programs including any data thereon or any other direct or indirect, consequential or incidental damage.

These exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

There may be instances where the website will be unavailable due to system downtime or server errors.

Waiver

Failure by either party to insist upon strict performance of any provisions of these terms and conditions or the failure of any party to exercise any right or remedy to which either party may be entitled here under shall not constitute a waiver thereof and shall not cause a diminution of the obligations under these terms and conditions. No waiver of any of the provisions herein shall be effective unless expressly stated to be such and agreed by all the parties hereto.

Notification of changes

Malt Whisky Agency reserves the right to change these conditions as we see fit and your continued use of the site will highlight your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ personally information, notification by email or postal mail will be made to those affected by this change.

Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the you and Malt Whisky Agency, www.maltwhiskyagency.com, and by accessing of this website and/or undertaking of booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Communications

Our contact information can be found on our website under the page “Contact us”
Malt Whisky Agency Limited, SC513804, is a Scottish registered company.

Our registered office is:

Unit 17, IMEX Business Centre

Craigleith Road,

Stirling FK7 7WU

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including 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, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained.

Copyright

Copyright and other relevant intellectual property rights exist on all text relating to Malt Whisky Agency Limited services and the full content of this website.

All information provided by Malt Whisky Agency, by email or other methods, shall not be used for commercial use – only personal.

Malt Whisky Agency logo is a registered trademark.

Governing Law

The Laws of Scotland shall govern these terms and conditions. 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 Scottish Courts.

If the event that any of these terms and conditions are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations hereinbefore referred to) then the invalid or unenforceable provision will be severed from these terms and the remaining terms shall continue to apply.

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.

Availability

The client is solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Malt Whisky Agency. Malt Whisky Agency does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service, you thereby indemnify Malt Whisky Agency, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Internet Statistic Collection/Log Files

Malt Whisky Agency uses IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Malt Whisky Agency is strictly on a-need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission. This information shall not be shared with third parties and will only be used within Malt Whisky Agency.

Cookies

The use of cookies for this website is to retrieve user’s details of visits to our website. Cookies are used to help people visiting our website making it easier to navigate through the website and enable to functionality of this area. Please be aware our affiliate partners may also use cookies.

Links to this Website

Without the written consent of Malt Whisky Agency, you may not create a link to this website. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this Website

Malt Whisky Agency does not monitor or review the content of other party’s websites which are linked from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Malt Whisky Agency will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Privacy Policy

Malt Whisky Agency recognises the client’s right to privacy. All information we collect about you remains private and is in accordance with the Data Protection Act 1998. Certain portions of our web site require you to sign in or create an account. Your private information (which may include your name, address, email address, and other information) is not shared/sold to any individuals or organisations outside of Malt Whisky Agency unless you have authorised us to do so.

Credit Cards

Credit card details will never be seen by the Malt Whisky Agency. All credit card transactions used within the website shall be automatically transferred to a third- party website. We do not hold any credit card details.(Duplication of information)

User Information

Malt Whisky Agency collects and analyses information from people who visit our site. Information tracked may include your Internet address and which pages you visited. Personal information, such as your name and email address, is not stored in this process. By using our website, you agree to allow us to collect this information about your use of our site.

Removing your Information

Malt Whisky Agency may send email notices about new services or information to those who have registered with an email address. If you ever wish to be excluded from these mailings, please select the box relation to no future communications.

We recognise your right to privacy. Any information we do collect about you during normal business trading, shall remain private to us and shall be held in accordance with the provisions of the Data Protection Act 1998.

At any time, users may request that their information be removed from our database by sending an email to [email protected], following removal you will no longer be able to see our files and certain portions of our website.

Users may also request a copy of all information Malt Whisky Agency Limited has collected about them by signing and mailing a letter of request to the address listed below.
Should you have any further questions concerning our websites or our Privacy Policy or website contact:

Malt Whisky Agency

Unit 17, IMEX Business Centre

Craig Leith Road

Broadleys Business Park

Stirling

Stirlingshire

FK7 7WU

Scotland

Email: [email protected]

Tel: 01786 542288

A Company registered in Scotland – Company Number SC513804

VAT Registration No. 231 3946 21

AWRS No. XXAW00000111057

Disclaimer Insurance

We offer United Kingdom and European Union client’s insurance through our courier at a cost of 3% of the accepted offer for the sale item (minimum £12) excluding postage. If insurance is not requested, it must be stated at the checkout stage of payment.

Damages

Prior to signing for the items, it must be thoroughly checked for damages or moist packaging. It is not deemed as acceptable to sign as “unchecked “or any similar statement. Complaints should be directed to the carrier and sender immediately or no damage will be considered. If damage does take place, we must be contacted immediately with photographic evidence by email to [email protected]. We cannot refund if we do not have evidence of damage or breakage if bottle is not insured.

If insurance cover is not place on the goods in transit, we cannot be held responsible, and no refund will be due.

Availability of Website and Modifications

Malt Whisky Agency website is provided “as is” and on an “as available” basis. No warranty can be given that the Service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

The Company accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Malt Whisky Agency reserves the right to alter, suspend or discontinue any part (or the whole of) our website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise. We reserve the right to extend the time frame of the sale by a period to be decided in the unlikely event of malfunction, disruption or failure of the sale process.

Local Customs Charges

Malt Whisky Agency is not responsible for the payment of any local Customs or Duties. All invoices will be stated at their true value, no exceptions will be made.

Refunds Policy

The Malt Whisky Agency offers a refund policy to its customers if we have been told within 7 days of receiving their goods that they want to cancel. Customers have another 7 days to return the goods we have been told about.

The Malt Whisky Agency will refund customers within the 7 days of receiving the goods back.

Dispute Regulation

Malt Whisky Agency shall endeavour to resolve any/all disputes, as far a reasonably practical, in the shortest time possible. In cases of a dispute please notify the company as soon as possible by using the company contact details, within the website, providing as much detail as possible of the dispute.

Third Party’s Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Malt Whisky Agency.