Buyer Terms

EXCLUSIVE WHISKY AUCTIONS – GENERAL BUYER TERMS AND CONDITIONS

Last Updated: September 21, 2026

These General Buyer Terms and Conditions govern your access to, use of, and purchases through the website, mobile applications, and services provided by 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 registering an account, accessing the website, placing a bid, or utilizing our services, you explicitly declare that you have read, fully understood, and unconditionally agree to be bound by these Terms.

ARTICLE 1: THE INTERMEDIARY ROLE OF THE PLATFORM

1.1

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.

1.2

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 the Seller's possession and custody until they ship it directly to you following a successful sale.

1.3

Direct Purchase Agreement: The purchase agreement is formed directly between you (the Buyer) and the Seller 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 Seller.

ARTICLE 2: OBLIGATIONS OF THE BUYER AND AGE

2.1

Minimum Age Limit (18+): Due to strict legal regulations surrounding the trade of high-proof alcohol, you must be at least 18 years of age (or older if the local legislation in your country mandates a higher minimum age for purchasing, consuming, or importing alcoholic beverages). Submitting a false date of birth during registration is a legal offense and constitutes fraud.

2.2

Identity Verification: You are legally required to provide accurate, current, truthful, and complete information upon registration. We reserve the right to utilize third-party electronic identification and verification software, or to request a copy of an official government-issued ID (e.g., passport, identity card, or driver's license) to verify your age, identity, and residency before your account is activated or before you are permitted to bid.

2.3

Account Confidentiality: Your login credentials, password, and account access are strictly personal. You are explicitly prohibited from sharing your account or transferring it to third parties. You remain solely and fully responsible for any and all activities, bids, messages, and actions executed through your account, whether authorized by you or not.

ARTICLE 3: THE AUCTION PROCESS AND BINDING BIDS

3.1

Bids are Binding: Every bid placed on the platform is final, legally binding, and irrevocable. If you are the highest bidder at the closing of an auction lot, you are under a strict legal obligation to purchase, accept, and pay for that lot.

3.2

Prohibition of Collusion and Market Manipulation: It is strictly forbidden for Buyers to engage in collusion, price manipulation, or any unfair bidding practices. You are prohibited from coordinating bids with Sellers, friends, family members, or business associates to artificially inflate the price of a lot, create false market demand, or manipulate the auction countdown in any way.

3.3

System Misuse and Security: You are prohibited from using automated systems, including but not limited to bots, scrapers, crawlers, scripts, spiders, or any other extraction tools, to place bids, monitor auctions, or harvest data from the Platform. Any attempt to disrupt, overload, or compromise the digital infrastructure, security, or servers of the Platform is strictly prohibited.

ARTICLE 4: PLATFORM FEES, COMMISSIONS, AND FISCAL DISTINCTIONS

4.1

Fixed Platform Fees for the Buyer: To cover the platform facilities, the following fees are calculated and added to your total checkout invoice exclusively upon a successful sale:

  • Buyer's Premium (Commission): For buyers within Europe, a fixed premium of 6% commission (including VAT) is charged over the hammer price. For buyers outside Europe, standard international export regulations apply.
  • Buyer's Protection Fee: A fixed amount of €2.00 excluding VAT per won lot.

Note: If a lot is not successfully sold, the Platform will not charge you any fees.

4.2

VAT on the Buyer's Premium: The VAT included in the 6% commission for European transactions is calculated based on the country of dispatch (the country from which the Seller ships the bottle):

  • Each country in Europe is processed separately using its own specific national VAT rate.
  • The Platform automatically calculates and displays the correct domestic or cross-border VAT amount on your invoice based on the location of the bottle's dispatch.
4.3

Shipping Costs and Payouts:

  • All localized and international shipping fees displayed during checkout are listed excluding VAT (excl. VAT).
  • Any applicable shipping VAT will be added to the final invoice total based on the regulatory tax path of the shipment.
4.4

Reference to the Calculation Page: For a complete, in-depth numerical insight into the administrative handling of all cross-border VAT scenarios and the breakdown of invoices, the Platform explicitly refers you to the official, binding information page: [LINK: How do our invoices, buyer protection, and payouts work?]

4.5

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 the Seller once the payment has been successfully completed by the Buyer and secured in the third-party escrow account.

ARTICLE 5: SECURE PAYMENT AND PAYOUT (ESCROW)

5.1

Escrow Account: When you win a lot, you must pay the full invoice to the secure third-party account (escrow) of our payment provider. The Platform temporarily holds these funds to protect the transaction.

5.2

Shipping and Release: Once your payment is received, the Seller receives the green light to ship the bottle. After the courier delivers the bottle to you, you have 3 calendar days to inspect the lot. If no valid complaint with evidence is submitted within these 3 days, the sales proceeds (minus the fixed platform fees) will be released and transferred to the Seller's bank account.

5.3

Strict Chargeback Prohibition: The Buyer is explicitly prohibited from initiating an external chargeback request, payment reversal, or consumer dispute through third-party payment providers (such as credit card companies or banks) outside of the Platform's official internal dispute and mediation channels. Bypassing the platform makes the Buyer strictly liable for all direct and indirect damages, including full transaction value, gateway penalty fees, administrative costs, and lost commissions.

ARTICLE 6: PACKAGING AND SHIPPING OBLIGATION

6.1

Breakage-Proof Packaging: The Seller bears full, exclusive liability toward the Buyer for executing a secure, specialized, shock-proof, and fully insured shipment. Given the nature of vintage bottles, neither the Seller nor the Platform can be held liable for minor leakage or cork failure occurring purely due to air pressure changes during air transit. The Platform acts merely as an administrative intermediary and is not liable for physical damages, breakage, or total loss incurred during transit.

6.2

Damage Due to Poor Packaging: If a bottle breaks or leaks en route due to demonstrably inadequate packaging by the Seller, the transaction will be canceled, and the money will be fully refunded from the escrow account back to the Buyer.

ARTICLE 7: AGE CHECK UPON DELIVERY

7.1

Mandatory Age Verification: The Buyer is required to accept delivery from a courier service that will perform a strict identity and age verification check (18+) and require a physical signature for receipt.

7.2

Failed Delivery or Underage Buyer: If the Buyer turns out to be underage, or if the bottle cannot be delivered after multiple attempts and is returned to the Seller, the Buyer completely forfeits all paid shipping costs. You must keep the bottle in good condition until a solution is found.

ARTICLE 8: IMPORT DUTIES, EXCISE DUTIES, AND CUSTOMS

8.1

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.

8.2

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 strict payment obligation.

ARTICLE 9: DISPUTES AND RIGHTS OF THE PLATFORM

9.1

Dispute Resolution: If a Buyer reports transport damage, leakage, or a lot that materially fails to match the description within 3 calendar days of delivery, the Platform will freeze the escrow account. We will attempt to mediate. If the Seller demonstrably provided an incorrect description or packed the bottle poorly, the Platform reserves the right to return the payment to the Buyer.

9.2

Sanctions and Enforcement: In the event of systemic misuse, suspected fraud, unauthorized chargebacks, or non-compliance, the Platform reserves the unilateral right to permanently block your account with immediate effect, cancel any pending or winning bids, and file potential legal or financial damage claims against you.

ARTICLE 10: APPLICABLE LAW AND COMPETENT COURT

10.1

Dutch Law: These Buyer Terms and Conditions, as well as any legal relationships, transactions, or disputes arising from the use of the website and services, are exclusively governed by and construed in accordance with Dutch law.

10.2

Competent Court: Any and all disputes arising directly or indirectly out of these terms or the use of the platform shall be submitted exclusively to the competent court in Amsterdam, the Netherlands.