Terms of Service
Please read this Agreement carefully as it governs your use of the Celtic Whiskey Auction website – www.celticwhiskeyauction.com – (the ‘Site’). By continuing to use the Site you are agreeing to the terms set out below and are confirming that you are above the Irish legal age to purchase which currently stands at 18 years of age. Persons under the legal age to purchase alcohol in Ireland are not permitted purchase, receive or subscribe to any goods or services from this site.
Provision of Web Site Service
The Site is owned and operated by Celtic Whiskey Shop Ltd. (Company No: 367358, VAT Reg. No. IE6387358K, whose registered office is at 27-28 Dawson Street, Dublin 2, Ireland hereinafter “the Company”)
Head Office General Email: firstname.lastname@example.org
Head Office Telephone: +353 1 6759744
Head Office Fax: +353 1 675 9768
Limited Rights to Use Content
All material including any intellectual property in it displayed on the Site (“Content”) belongs to the Company or its suppliers. The Site gives you the right, for your own personal or non-commercial purposes only to (1) retrieve and display the Content on your PC screen; (2) print individual pages on paper; (3) store individual pages in electronic format. You may not store any Content on any server or other storage device connected to an external network, or make any other use of the Content.
You may not, without prior written permission given by the Company within the previous six months, (1) redistribute any of the Content or supply it to other people; (2) remove the copyright or trade mark notices from any copies of Content made under this Agreement; (3) create a database in any form (including electronic or structured manual form) by downloading, copying and storing all or any of the Content; (4) except as expressly set in this Agreement, modify, reproduce or in any way use any of the Content.
We provide auctioneering services on our Website whereby sellers may sell their whisky or other alcoholic goods (“Goods”) and a purchaser may purchase such Goods by auction. These will be sold and purchased in lots, with one lot meaning the goods made available to purchase by auction at any one time. The auction is in conjunction with Smith Kelly Scott Auctioneers https://www.smithkellyscott.ie/
The auctions take place online on the Website and whether you are a seller or a buyer, you will require to register with our Website.
Registering with Celtic Whiskey Auction
Once you have registered you are expected to keep your information up to date in your account and are required to keep your account details and passwords strictly confidential and you must not permit any third party to use or access your account on your behalf. You will be liable for any and all bids made using your account.
Authentication of Auction Lots
Once we have received your items for the auction we will assess the quality, condition and authenticity of the goods. If there are problems with the item description, the authenticity, labelling, liquid level or condition we reserve the right to remove the item from the auction. If the bottles need to be returned to you this will be done at your own cost. They will also be available for collection from the shop at 27-28 Dawson St, Dublin. Where we agree to put your Goods up for auction, we shall confirm anticipated auction date as well as other relevant information. The contract between us is deemed to be concluded once we send you the confirmatory email.
Sellers shall ensure that all information submitted with the goods they wish to sell is accurate and truthful. Notwithstanding the foregoing, Celtic Whiskey Auction reserves the right to prepare and word any listing as they deem appropriate. Any inaccurate information provided by the seller relating to the Goods may result in a buyer rejecting the Goods, in which case the seller agrees to be responsible for any costs associated with any rejection and shall pay such sums reasonably incurred by us in handling such rejection including costs incurred in the buyer returning the rejected Goods to us.
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, if it cannot be proved to be genuine, it will be returned to the seller. If we consider an item to be counterfeit or illegitimate to that described by the seller, Celtic Whiskey Auction 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 counterfeit or illegitimate items.
Celtic Whiskey Auction reserves the right to ban any seller for future use of the website and/or our services, where it is considered that the seller has attempted to sell non – authentic items.
It is strictly forbidden for anyone to bid on their own items/lots, or to have their friends or relatives bid on their goods. If we discover suspicious bidding on your items we will exercise our right to cancel your contract. We shall return your goods to you at your cost (and the seller must ensure that they have insurance in place to cover any damage to, or loss of, Goods during transportation from our premises to the seller’s premises). Alternatively, you may pick the Goods up from our premises. We also reserve the right to retain any fees paid to us for the listing and charge you a further administration charge
Holding your Goods in our Premises
Items which are provided to Celtic Whiskey Auctions are stored in our facilities. Celtic Whiskey Auction accepts no responsibility, to the maximum extent allowed by law, for the safe storage or preservation of any items whilst in its temporary custody for the purposes of auction or shipping. Sellers should have appropriate insurance in place for storage of items.
Costs and Commission for Selling your Goods via Celtic Whiskey Auction
We charge €5.00 per lot entered into each auction. Reserves are optional and have an additional fee of €5.00 per lot.
On completion of the auction, our sellers commission is set at 5% of the final purchase price reducing to 3.5% on single lots that sell for over €2000.
VAT at 23% is applicable on commission, listing and reserve fees only.
Payment to Sellers
Payment will be made after the buyer has paid us all sums due in relation to the purchase of the goods, has received their Goods and have not exercised their rights to cancel the purchase. In most cases, payment would be remitted to you within thirty (30) days of the buyer receiving the Goods.
Information and T&Cs for Buyers
One you have successfully registered on the Celtic Whiskey Auction site you will be able to place bids on the current auction.
Item descriptions are given on each lot page. During the auction you may click on the ‘bid’ function to bid for an item. In doing so you acknowledge that you are bidding on a live auction and agree that once a bid has been placed it cannot be retracted or amended. Each bid is final and binding. You accept all liability for bids submitted via your account (including the liability to pay in full and on time in accordance with these terms and conditions).
When the auction closes the highest value bid will be deemed as the winning bid. The buyer will receive a confirmation email of any winning bid(s) and will accept all liability of the bids placed on your account. The contract between us shall be deemed to be concluded once we send you the confirmatory email.
Celtic Whiskey Auction reserves the right to reject any registration, reject any bid placed, alter reserves and to withdraw permissions for users on our Website, at its discretion (acting reasonably).
Purchasing Costs and Commission
We take a buyers commission of 10% from the purchase price of the relevant goods. 23% vat is charged on the commission. Vat isn’t charged on the hammer price.
The successful bidder is obliged to pay to us the purchase price of the auctioned Goods plus our commission within seven (7) days from the day following receipt of our confirmatory email. Once payment is received, title of the Goods will pass to the buyer. If payment is not received in full within this time, we reserve the right to (i) cancel the sale and re-auction the relevant Goods or return the Goods to the seller; and/or (ii) ban the buyer from using our website or services in the future.
We accept payment by Bank Transfer/BACS or Paypal, Debit Card, Credit Card. There is a 2% surcharge paying by credit card.
VAT is applicable on commission and surcharges. Please note VAT is not applicable to the price of whisky in auctions.
Monies that remain outstanding by the due date will incur late payment interest at the rate of 3% above the prevailing Central Bank base rate on the outstanding balance until such time as the balance is paid in full and final settlement.
Please note that you must be over the age of 18 years old (or the legal age within your own country of residence) to register and sell and/or buy Goods via the Website.
We reserve the right to ask buyers and sellers for identification to prevent fraud, underage purchases and/or any other legal or legitimate purpose.
All deliveries must be signed for by a person of legal drinking age in your country of residence and we reserve the right to ask for ID from the person receiving the delivery.
Celtic Whiskey Auction website offer an international delivery, service through third party logistics providers. More information can be found on our delivery information page.
Goods must be ordered by and received by a person 18 years of age or older (or persons of the requisite minimum legal age for ordering alcoholic products in the place of the order).
Once payment for the Goods has been received in full, we shall deliver the Goods to you or you may collect the Goods according to the option selected by you. The buyer is able to collect their items from our premises at 27-28 Dawson Street, Dublin 2, Ireland during our operating hours. If collection is the preferred method to the buyer storage is provided for free for a period of 14 days from the date of the end of the auction. Storage thereafter will be charged at a rate of €2.00 per bottle per day.
The buyer acknowledges that due to the nature of the Goods, which due to age are sometimes fragile, there may be leakages or deterioration of the Goods during transit and we recommend that you pick up the Goods from our premises. Should you prefer us to deliver the Goods, we exclude all liability for such leakages, breakages or deterioration, which may arise while the Goods are being transported by us from our premises to your premises. In the event the buyer agrees to delivery by carrier, it is understood that risk in the Goods will transfer to the carrier on receipt by the carrier of the Goods from us, following which point we exclude all liability for any loss or damage to the Goods thereafter including during transit to the buyer’s premises. It is the buyer’s responsibility to have adequate insurance in place to cover the Goods during transit from our holding office to your desired located.
Cancellation of Orders, Returns & Refunds
Buyers have the right to cancel their purchase for whatever reason within fourteen (14) days from the day after the buyer receives the Goods, or where Goods are delivered separately, once all Goods from a lot have been received.
We have a duty to provide the Goods in confirmatory with the description of the Goods at auction. These terms and conditions do not affect the buyer’s statutory rights to cancel consumer contracts.
If a buyer has received the Goods before he or she cancelled the contract then the buyer must send the Goods back to our contact address as stated above. You undertake to return the Goods to us at your own cost and risk and Celtic Whiskey Auction cannot be held liable for any damage to the Goods incurred during transit. It is the buyer’s responsibility to ensure adequate insurance is in place to cover any loss or damage to Goods while in transit from their own premises to our own premises.
Once we have received the Goods and are confident the Goods have not been damaged by you or during the time you had possession of the Goods, any sum debited by us from your credit or debit card will be re-credited to your nominated account as soon as possible and no later than fourteen (14) days from the day we received the Goods back from you. If the Goods have been damaged, we reserve the right to retain some or all of monies paid to us.
Cancellation of Listings/Lots
If you wish to cancel an item, please contact us at email@example.com as soon as possible. We will send you a confirmation email confirming we have received and executed your request.
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 manmade 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 herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled here under shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
We are committed to protecting the personal data of anyone who uses our website. The information that you provide about yourself to the Company will only be used by us in accordance with our Data Protection Policy which is published on the Privacy Statement section on out.
Modifications to Website Content
In endeavouring to improve the Site and services offered, the Company reserves the right at all times to make changes to the Content, including these Terms & Conditions. Prices and products are subject to change without notification. You will be subject to the policies and Terms of Service in place at the time of your visit to the Site.
There is no specific time limit applying to your access and use of the site. However, the Company reserves the right to suspend or terminate your access and use at any time. It may exercise this right with or without notice.
You may not assign, sub-licence or otherwise transfer this Agreement or your rights of access to the Site.
Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy Irish law will apply to this Agreement and both you and the Company agree to submit to the exclusive jurisdiction of the Irish Courts. All contracts that result from the use of the Site are concluded in English.
Relevant legislation governing these Terms & Conditions, incudes the Sales of Goods (Supply of Services) Act, 1980, the Consumer Information Act, 1978, the Electronic Commerce Act, 2000, the EU Directive on Distance Selling, SI 207 of 2001 and SI 68 of 2003, the Data Protection, Act 1998, the Data Protection (Amendment) Act, 2003 and the Copyright & Related Rights Act, 2000.
You can contact us using any of the following methods:
By Post: Celtic Whiskey Shop and Wines on the Green and Wines on the Green, 27-28 Dawson St, Dublin, Ireland.
By Telephone: +353 1 6759744
By Email: firstname.lastname@example.org