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Terms and Conditions

Terms and Conditions of Trade 

  1. Used terms in regards ‘Definition’.

Whisky Galore Auctions is referred to as ‘WGA’. The WGA representative conducting the online auction are ‘auctioneers’. 

  1. Condition Reports

We make every effort to ensure the accuracy of any statement as to authorship, attribution, origin, date, age, provenance and condition of any lot, whether or not such a statement forms part of the description of any such lot.
Any statement made orally or on our website is an opinion given after careful consideration and research. When bidding, you acknowledge that you are fully satisfied as to the attribution and condition of the lot. 

  1. Third Party Liability

Every person on WGA premises in regards the auctioneering of their items or purchase of the same do so at their own risk and any injury incurred while doing so is of their own making and risk and WGA do not accept any liability. 

  1. Disputes

Any dispute not covered in these terms of business will be settled at the sole discretion of WGA. 

  1. The Seller

A. WGA sell as agents for the seller (Vendor).
B. WGA reserve the right to fix a reserve price for any lot.
C. Payment after receipt of the funds from the buyer.
We do not pay interest on the period between your buyer’s payment and your receipt of the payment. We act as agents and cannot be held responsible if your buyer does not pay. We cannot pay you until we have received cleared funds. 

 

The sellers premium IE what we charge to sell 7.5% on sale price of the goods. GST is paid only on the commissions not the sale price. 

  1. The Buyer

The highest bidder acknowledged as such by the auctioneer will be the buyer. If any dispute arises, the auctioneer has absolute discretion to settle the matter. The auctioneer rules the bidding and bids cannot be retracted. The auctioneer reserves the right to refuse any bid. The successful bidder, whether bidding for himself or for a third party, is entirely responsible for paying for the lots they have bought in accordance with WGA terms of business. The auctioneer reserves the right to bid on behalf of the vendors for any lot and to withdraw, consolidate or divide any lot or lots. 

The buyer is liable for any bids made from your account 

 

A premium of 12.5% plus GST on the hammer price of your purchase on each lot. GST is calculated at the rates that apply on the day of the auction, GST is only payable on the commission and other charges not on the items sale price. 

  1. Registration

Prospective buyers need to register with us, First time buyers will be required to provide proof of identity (i.e. driving license/passport), a valid debit or credit card. Upon receipt of the above buyer registration  will be valid for that and future sales. 

Registration must include:
Their full name or company name and directors of
Address
Email address
Contact telephone numbers 

Email or any other means of communication they wish to use 

Identity proof as per above 

 

  1. Payment

Buyers must pay in full and must do so within 24 hours of the end of the auction before their purchases can be released to them.
Payment Methods, we accept payment by:
Cash EFTPOS
Credit Card Visa & Mastercard only 2.5% Surcharge
Bank transfer to Whisky Galore Auctions Account no. –, Account name-Whisky Galore Auctions  

 

11. Ownership of Purchases 

Ownership of lot(s) purchased will not pass to the buyer until they have paid WGA in full and WGA has applied the payment to the lot 

  1. Transfer of Risk

Each lot is the buyer’s sole responsibility from the timed end of the online auction (Fall of Hammer) and is sold with all faults and imperfections. WGA is not responsible for the correct description, genuineness or authenticity of any lot and makes no warranty whatsoever.  

  1. Opinions and statements

 

All statements on the website of forthcoming sales as to any of the matters specified in any statements of opinion, and are not to be relied upon as statements or representations of fact, and intending purchasers must satisfy themselves by inspection or otherwise as to all of the matters specified as to the physical description of any lot, and as to whether or not any lot has been repaired. 

 

The seller and WGA do not make or give, nor has any person in the employ of WGA any authority to make or give, and representation or warranty. 

 

In any event neither the seller nor WGA are responsible for any representation or warranty, or for any statement in the catalogues, advertisements, or brochures of forthcoming sales. 

 

These are being sold by WGA who are registered Auctioneers and as all items second hand goods we do not cover them under “The sales of Good Act.’ 

 

  1. Abandoned or left items.

 

If WGA has to store the lot or cause it to be stored whether at their own premises or elsewhere is at the sole expense of the buyer, and to release the lot only after payment in full of the purchase price together with interest thereon of 10% above bank minimum lending rate, all accrued cost of removal, storage and insurance and all other cost incurred in connection with the lot. The expectation after the auction ends is that ALL goods purchased are paid for, picked up or dispatched within 14 days of the end of the auction. 

 

Items left, abandoned, not paid for or when the seller or buyer cannot be found: 

 

Any items that fall into this category will be kept for 60 days, after this the will be sold or disposed of by WGA to recover any and all costs or expenses accrued due to these circumstances. 

 

  1. 15. WGA will reserve the right to refuse any item for auction, this includes whiskies that have recently come to the market of high interest and that would be ‘flipped’ if we sold them.

 

  1. Reserve prices.

 

If a reserve is requested by the seller WGA will advise, if the reserve is considered unattainable by WGA they may refuse the item or advise accordingly, once the item is listed no change to the reserve can be requested without reasonable notice which would normally be 14 days from Auction date, WGA also reserves the right to place a reserve on any item. 

 

  1. Doubt over item, fraud and provenance.

If there is any doubt as to the authenticity of an item, it will not be offered for auction. In the event of a dispute arising over the provenance or authenticity of any bottle, it will be returned to the seller. If we consider an item to be counterfeit or illegitimate or contrary to the description by the seller. 

WGA reserves the right to reject and dispose of such an item. A reasonable charge will be made for the appropriate removal and destruction of any such item. In the event that a buyer raises a reasonable concern within 14 days of receiving goods that they are not genuine or are the subject of an ownership claim by a third party, we reserve the right to provide the sellers, address and contact details to both of the buyer and the relevant police authorities to allow resolution of the issue. 

WGA do have the right to ban any seller from future use of the website and any and all our services, where it is considered that the seller has attempted to sell non–authentic, stolen or fraudulent goods. 

  1. Prohibited Bidding

 

Sellers are strictly forbidden to bid on their own Goods and also have relatives or friends artificially attempt to increase the value of the Goods.  

If we discover the seller attempting any such activates, this may result in termination of your contract with immediate effect by sending you an email. We will exercise our right to cancel our contract with you, we shall return your goods to you at your cost (this mean ALL AND EVERY COST including possible loss of, goods during transportation from our premises to the seller’s premises). We also reserve the right to retain any monies paid to us for listing fees and charge you a further administration charge of $70 per lot. 

  1. 19. Other charges and costs

 

  1. Website registration, a one off fee of $10 
  1. $20 per item for listing fee 
  1. All courier/post costs for dispatching goods 
  1. All courier/post costs if we are required to assist with goods being sent to WGA for auction 
  1. Any overseas payments/funds received from any party will include by them any costs associated with funds transfers 
  1.  

Optional Charges: We do reserve the right to charge some ‘other’ fees such as a valuation fee of $10 per item and a reserve fee of $20. 

 

  1. Rights and Terms of use

 

All content including but not limited to copy, images, software (including code, interface and website structure) and the design, look and feel, and format of the www.whiskygaloreauctions.co.nz are owned by H. L. Milne Ltd. While using this site you agree that you are permitted to use material and/or content only as set out in these terms and conditions. No other use is permitted other than for private use unless authorisation is requested by Whisky Galore Auctions in writing and, where given, you agree not to, in part or full, copy, transmit, distribute, exploit commercially, amend, translate, share with or make available to any other person any such material or content or create derivative works of such material or content. 

  1. Intelectual Property.

We are the sole owners and authorised users of all trademarks, service marks, design marks, patents, copyrights, database rights, image rights for photographs contained on and about www.whiskygaloreauctions.co.nz  and all other intellectual property appearing on or contained within the website and in terms of the business as it exists including but not limited to the page design and layout and the source code. Except where provided for under these terms and conditions WGA does not grant any right, title, interest or license to anyone of any such intellectual property and any use or reproduction of the intellectual property is prohibited. 

  1. Overseas buyers, couriers, duties and taxes responsibilities.

It is the responsibility of the buyer in country/area outside of New Zealand to be aware that they are liable for all costs associated with the dispatch of their purchase and any associated costs in that jurisdiction. This includes duties and taxes and whether they can legally import their purchase. 

 

 

 

WGA denotes Whisky Galore Auctions (www.whiskygaloreauctions.co.nz) a division of H. L. Milne Ltd.