EXCLUSIVE WHISKY AUCTIONS – TERMS OF SALE 

Last Updated: October 6, 2026 

These Terms of Sale govern the contractual relationship, rights, and transactional obligations between you as the seller or consignor (hereinafter referred to as: “Seller”, “you”, or “your”) and the highest bidder at the close of the auction (hereinafter referred to as: “Buyer”), as well as the administrative interaction with 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 checking the box, clicking “Submit”, or offering a lot through our digital marketplace infrastructure, you explicitly declare that you have read, fully understood, and unconditionally agree to be bound by these formal Terms of Sale. 

ARTICLE 1: THE INTERMEDIARY VENUE AND CONCLUDING THE CONTRACT 

1.1 Online Marketplace Infrastructure: The Platform acts exclusively as an online intermediary marketplace for auctioning collectibles, specifically rare whisky and distilled spirits. The Platform provides the digital infrastructure and a secure payment environment via a third-party escrow account, but does not act as a traditional auctioneer or a party to the ultimate transaction. 
1.2 Formation of the Purchase Agreement: The purchase agreement is formed directly and exclusively between you (the Seller) and the highest bidder (the Buyer) the exact moment the live auction countdown terminates, provided the reserve price has been met or exceeded. 
1.3 Exclusion of Platform Liability: The Platform is explicitly not a party to the sale, does not take physical possession or custody of the bottles, and bears no legal or financial liability for payment defaults, transit damages, or errors made by either the Buyer or the Seller. 

ARTICLE 2: REPRESENTATIONS, WARRANTIES, AND SELLER OBLIGATIONS 

2.1 Legal Age and Verification Mandate: The Seller declares and warrants that they have reached the legal minimum age to sell and trade high-proof alcohol. The Seller is required to fully cooperate with the mandatory biometric identification and age verification compliance systems operated via Veriff. 
2.2 Authenticity and Condition Warranty: The Seller bears sole, exclusive, and unconditioned financial responsibility for ensuring that all descriptions, fill levels (ullage), bottle data, and unedited photographs uploaded to the dashboard are 100% accurate, truthful, and non-misleading. The Seller explicitly guarantees that the whisky offered is genuine, authentic, and that the liquid, seal, capsule, and labels have not been altered, counterfeited, or improperly recorked. 
2.3 Irrevocability of Submission: Once a lot has been digitally approved by our team and scheduled for an auction cycle, the submission is legally binding and irrevocable. The Seller is strictly prohibited from withdrawing the lot, altering the reserve price, or offering the asset for sale on alternative venues during the active auction window. 

ARTICLE 3: PLATFORM TARIFFS, FISCAL SCENARIOS, AND RETENTION 

3.1 The 0% Sales Commission Structure: The Seller benefits from a 0% commercial sales commission framework, retaining 100% of the raw hammer price upon a successful transaction. 
3.2 Fixed Operational Deductions: To maintain our secure financial rails and venue facilities, the following flat fees are automatically deducted from the final sales settlement exclusively upon a successful sale: 

• Sold Lot Fee: A fixed fee of €2.00 excluding VAT per successful transaction. 

• Reserve Price Fee: A fixed fee of €2.00 excluding VAT per lot, applicable only if a reserve price was established, met, and sold. 
  If a lot remains unsold because the reserve price was not met, all commercial platform fees are entirely waived, and the listing is 100% risk-free. 
  3.3 Cross-Border VAT Obligations on Platform Fees: VAT on the platform fees is determined by the Seller’s location and corporate status: Dutch sellers are charged 21% Dutch VAT; Business sellers in other EU countries are reverse-charged to 0% VAT upon validation of an EU VAT number; Private EU sellers are charged their local consumer VAT via the OSS portal; Sellers outside the EU are charged 0% VAT due to service export. 
  3.4 Tax Remittance on the Hammer Price: The Seller bears full responsibility for declaring and remitting taxes associated with the asset itself: 

• Private Seller: The bottle is treated under margin scheme rules; no VAT is due on the hammer price or shipping lines. 

• Commercial EU Seller (B2C): When selling to a private EU individual, the commercial Seller is legally required to declare and remit the destination VAT of the Buyer’s country over the hammer price and shipping costs via their own national OSS portal. The Platform collects this total gross revenue on behalf of the seller and transfers it completely within the gross sales settlement. 

ARTICLE 4: THE ESCROW PROTOCOL AND SHIPPING CLEARANCE 

4.1 Third-Party Escrow Clearance Layer: To eliminate transactional exposures, the Buyer is required to settle the complete invoice within 3 business days into a secure, licensed third-party escrow account. 
4.2 The Official Shipping Clearance: The Seller is strictly prohibited from handing over a package to a carrier network prior to receiving the automated Official Shipping Clearance Email from our system. This email confirms that the full capital has been successfully secured in escrow, and provides the verified delivery destination alongside the cross-border tax framework. 
4.3 Late Payment Default Framework: In the event of a payment default by the Buyer, the claim will be managed through the Platform’s debt collection procedures. The Platform can only release the payout of the Hammer Price to the Seller once the payment has been successfully cleared and secured within the escrow ecosystem. 

ARTICLE 5: PHYSICAL FULFILLMENT, INSURANCE, AND DELIVERY 

5.1 Breakage-Proof Packaging Mandate: The Seller retains full physical custody of the bottles at all times and carries sole operational liability for packaging the whisky in a safe, secure, and shock-absorbing manner utilizing professional glass-transport packaging. If a bottle leaks or suffers destruction en route due to inadequate packaging, the transaction will be canceled and the escrow funds will be fully refunded to the Buyer. 
5.2 All-Risk Transit Insurance Mandate: To safeguard cross-border transit, the shipping rates specified by the Seller on the platform MUST be fully inclusive of premium international carrier services and a 100% comprehensive transit insurance policy covering the full value of the Hammer Price. Sellers are strictly prohibited from charging separate insurance surcharges to the Buyer after the close of an auction. 
5.3 Statutory Age Controls & Customs Compliance: The Seller is legally obligated to register the shipment with a reputable international carrier (e.g., DHL, PostNL, UPS) with the mandatory “Signature Required + Age Verification Check” option enabled to enforce compliance matching the legal drinking age of the destination country. For non-EU exports, the Seller must affix the correct customs declarations (CN22/CN23) and mark the commercial platform invoice with the mandatory text: “Collected on behalf of the seller – third-party transit”. 

ARTICLE 6: DISPUTES, THE INSPECTION WINDOW, AND PAYOUTS 

6.1 The 3-Day Quality Inspection Lock: Upon successful delivery confirmed by tracking data, a strict 3-calendar-day quality inspection window opens for the Buyer. If the Buyer logs a valid dispute regarding transport damage or material misdescription within these 72 hours, the escrow account will be frozen. 
6.2 Mediation and Escrow Resolution: The Platform will investigate and mediate the case. If it is established that the Seller provided an incorrect description, shipped a non-authentic asset, or utilized substandard packaging, the platform reserves the right to return the payment to the Buyer from the escrow account. 
6.3 Release of Net Sales Proceeds: If no dispute is initiated within the 3-calendar-day inspection window, the sales proceeds (minus the fixed platform fees distortion outlined in Article 3.2) will be unlocked and wired directly to the Seller’s bank account or payment provider. Standard SEPA bank transfers (EUR) within the Eurozone are 100% free of charge; external transaction fees or currency spreads for non-EU payouts are born entirely by the receiving non-EU seller. 

ARTICLE 7: APPLICABLE LAW AND COMPETENT JURISDICTION 

7.1 Applicable Law: These Terms of Sale, all sales concluded through our platform, and any cross-border legal relationships arising from the use of our digital infrastructure are exclusively governed by and construed in accordance with Dutch law. 
7.2 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.