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EXCLUSIVE WHISKY AUCTIONS – GENERAL SELLER TERMS AND CONDITIONS
Last updated: September 20, 2026 [1]
These General Seller Terms and Conditions govern the legal relationship, rights, and obligations between you as the seller or consignor (hereinafter referred to as: "Seller" or "you") and The Whisky Auction Platform B.V., trading under the name Exclusive Whisky Auctions (hereinafter referred to as: "the Company", "the Platform", "we", "us", or "our").
By creating an account, offering a lot, or selling goods through our digital platform, you expressly agree to these Seller Terms.
Online Marketplace: The Platform acts exclusively as an online intermediary marketplace for auctioning collectibles, specifically whisky and distilled spirits. We provide the digital infrastructure and a secure payment environment (third-party escrow account), but do not act as a traditional auctioneer.
No Physical Possession or Ownership: The Platform does not, at any time, take physical possession, custody, or storage of the bottles or lots offered through the website. The bottles are not physically inspected or stored by us. The lot remains in your own possession and custody until you ship it directly to the Buyer following a successful sale.
Direct Purchase Agreement: The purchase agreement is formed directly between you (the Seller) and the Buyer upon the closing of the auction. The Platform is not a party to this sale and bears no liability for any disputes, payment defaults, or errors made by the Buyer.
Minimum Age Limit (18+): As a Seller, you declare that you have reached the legal minimum age to sell and trade alcohol. Within the EU, this means you must be at least 18 years old. The seller is required to fully cooperate with the mandatory biometric identification and age verification via Veriff.
Authenticity and Description: You are entirely responsible for ensuring that all descriptions, details, and photos you upload of your bottles (such as fill level, condition of the label, capsule, and box) are 100% accurate, truthful, and non-misleading. You guarantee that the whisky offered by you is authentic and that the liquid in the bottle has not been altered, counterfeited, or improperly recorked.
Personal Responsibility: Your account is strictly personal. You are legally and financially bound by all lots you submit and all resulting sales obligations.
Submitting Lots: Once a lot has been submitted by you and approved by the Platform for auction, this submission is irrevocable. You may not withdraw the lot or offer it for sale elsewhere during the active auction period.
Reserve Price (Minimum Price): You can choose to set a reserve price (minimum price) for your lot. If this price is not reached during the auction, the lot will not be sold. For using a reserve price, the Platform charges you a fee of €2.00 excluding VAT per lot ("Reserve Price Fee"). This fee is only due if the lot is successfully sold. If the reserve price is not met and the lot consequently remains unsold, this fee will not be charged.
Binding Sale: If the lot is assigned to the highest bidder (either because the reserve price was reached or because the auction was held without a reserve price), you are legally required to deliver the lot to this Buyer.
Fixed Platform Fees for the Seller: As a Seller, you benefit from a 0% sales commission. To cover the platform facilities, the following fixed fees are deducted from your final sales settlement exclusively upon a successful sale:
Note: If a lot is not successfully sold, the Platform will not charge you any sales fees [1].
VAT on Platform Fees: The VAT due on platform fees is calculated based on your location and tax status:
Tax Obligation on the Hammer Price (Important OSS Remittance): The Seller declares to be fully aware of their own tax obligations regarding the sale of the bottle itself:
Reference to the Calculation Page: For a complete, in-depth numerical insight into the administrative handling of all cross-border VAT scenarios (Scenario A, B, C, and D) and the breakdown of sales statements, the Platform explicitly refers you to the official, binding information page: [LINK: How do our invoices, buyer protection, and payouts work?].
Buyer Payment Term and Collection Procedure: The Buyer must pay the total invoice within 3 business days. If the Buyer has still not paid after 14 days, they will officially be in default. On day 15, the claim is immediately transferred to our international collection partner or a collection agency in the buyer's country. All additional collection costs and statutory interest will be recovered entirely from the Buyer. The Platform can only transfer the payout of the Hammer Price to you once the payment has been successfully completed by the Buyer and secured in the third-party escrow account.
Escrow Account: When a Buyer wins your lot, the Buyer pays the full invoice to the secure third-party account (escrow) of our payment provider. The Platform temporarily holds these funds to protect the transaction.
Shipping and Release: Once the Buyer's payment is received, you will get the green light from us to ship the bottle. After the courier delivers the bottle to the Buyer, the Buyer has 3 calendar days to inspect the lot. If no valid complaint with evidence is submitted within these 3 days, your sales proceeds (minus the fixed platform fees from Article 4.1) will be released and transferred to your bank account.
Breakage-Proof Packaging: Since you retain possession of the bottles at all times, you are entirely responsible for packaging the whisky in a breakage-proof, safe, and sturdy manner. You are required to use professional, shock-absorbing packaging materials specifically designed for transporting glass bottles.
Damage Due to Poor Packaging: If a bottle breaks or leaks en route due to demonstrably inadequate packaging, your right to payout from the escrow account expires. The transaction will then be cancelled, and the money will be refunded to the Buyer.
Mandatory Shipping & Full Transit Insurance Framework: To protect against transit risks, the shipping costs specified on the platform MUST always be fully insured, covering 100% of the Hammer Price value plus the actual shipping costs in the event of any breakage or leakage, strictly excluding any platform fees. Sellers are prohibited from charging separate insurance surcharges after the closing of an auction.
Mandatory Age Verification: You are required to ship the bottle using a courier service that performs an identity and strict age verification check (18+) as well as requiring a signature upon delivery.
Not Home or Underage: If the Buyer turns out to be underage or if the bottle cannot be delivered after multiple attempts, the courier will return the bottle to you. In that case, the Buyer forfeits their shipping costs. You must keep the bottle in good condition until a solution is found.
Exclusive Responsibility of the Buyer: When bottles cross borders (both within and outside the EU), the Buyer, as the legal Importer of Record, is fully and exclusively responsible for checking local legislation and paying all local customs fees, clearance rates, or alcohol excise duties.
No Platform Involvement: The Platform does not provide customs information or excise duty calculations. Any customs delays or additional tax assessments are entirely at the Buyer's risk and do not release the Buyer from their payment obligation to you, provided you shipped the bottle correctly and with the proper transit documents.
Dispute Resolution: If a Buyer reports transport damage, leakage, or a lot that materially fails to match the description within 3 days of delivery, the Platform will freeze the escrow account. We will attempt to mediate. If you demonstrably provided an incorrect description or packed the bottle poorly, the Platform reserves the right to return the payment to the Buyer.
Sanctions for Non-Performance: If you refuse to ship a sold lot, offer counterfeit goods, or breach the terms in any other way, the Platform has the right to permanently block your account, cancel pending sales, and recover administrative or legal damage claims from you.
Dutch Law: These Seller Terms and Conditions and all sales concluded through our platform are exclusively governed by Dutch law.
Competent Court: Any legal disputes that cannot be resolved through mutual consultation or platform mediation will be submitted exclusively to the competent court in Amsterdam, the Netherlands