GENERAL TERMS AND CONDITIONS

of the platform for whisky auctions
„Buy my Whisky“

§ 1
Scope

(1) The following General Terms and Conditions shall apply to all services which the company “By my Whisky UG (haftungsbeschränkt)” makes available or provides to registered users (hereinafter also referred to as “Provider” and/or “Bidder”) under the online platform “www.buymywhisky.com” (hereinafter also referred to as “Buy-my-Whisky”). Contradictory or deviating Terms and conditions of the users shall not apply. The services of “Buy-my-Whisky” are provided exclusively on the basis of the following terms and conditions. This also applies to ongoing contracts with the user, without express agreement.

(2) “Buy-my-Whisky” reserves the right to amend or supplement the following General Terms and Conditions at any time. Changes and/or additions have no influence on already existing contractual relationships and therefore only apply to registrations from the date of the updated and on the online platform published terms and conditions.

§ 2
Services of “buy my whisky”

(1) “Buy-my-Whisky” is an online auction platform (hereinafter referred to as “the Platform”) for the purchase and sale of whisky drinks.

“Buy-my-Whisky ” enables previously registered users on the Platform to auction or purchase whisky drinks (hereinafter also referred to as “Products” or “Auction Goods”), i.e. to sell or purchase them for money in an auction.

(2) “Buy-my-Whisky ” neither places products for auction itself, nor is it directly or indirectly involved in the auctions between users in any way. In particular, it shall not be a party to the contract of sale concluded between the users. The contracts concluded between the users within the framework of the auction are concluded exclusively between the users themselves. The business activity of “Buy-my-Whisky” is limited exclusively and solely to publishing the products of users on the platform and thus to enabling the establishment of contacts and the conclusion of contracts between the users, i.e. “Buy-my-Whisky” acts merely as an intermediary by making the platform available. “Buy-my-Whisky” has neither influence on the successful establishment of contact between the users nor on the conclusion of a contract between the users. A conclusion of contract between the users depends solely on themselves.

(3) “Buy-my-Whisky ” has no possibility to check whether the “Provider” actually has the product or quantity of the product(s) he has placed on the platform for auction or whether he is the owner of the product(s). Buy-my-Whisky ” also has no possibility to check the solvency of the “bidder”. It is the sole responsibility of the users participating in the auction to ensure that the information they provide on the platform is factual and legal, that the “bidder” has the sole right of disposal and that he does not infringe the rights of third parties.

§ 3
Registration

(1) Both the placement of products on the platform and their auctioning requires the prior registration of the User. Within the scope of registration, the User must provide the following truthful information: Name (in case of a legal entity: company, legal form and managing director with sole power of representation) address, email address; PayPal account and (optionally) his telephone number. In addition, the User shall specify his user name and password with which he can log in to the Platform after successful registration. By sending the registration request, the User also warrants that he is of legal age and has unlimited legal capacity. Furthermore, the User warrants that he/she will not use a user name that may unlawfully infringe or violate the rights of third parties. There is no claim to registration against “Buy-my-Whisky “. Furthermore, “Buy-my-Whisky ” reserves the right to refuse a registration without giving reasons.

(2) It is the user’s responsibility to protect his registered data from access by unauthorised third parties. The responsibility and the use of the user’s account held with the platform is solely incumbent on the user himself. “By-my-Whisky” assumes no liability for this. In case of loss of the access data, the user has to inform “Buy-my-Whisky” immediately. If “Buy-my-Whisky ” comes to the conclusion that the user violates the General Terms and Conditions, it is entitled to block the user account. A claim for damages or other legal claims of the user are not entitled to him through this.

§ 4
Placing the product(s) on the platform

(1) Registered users have the opportunity to bid for the products placed on the www.buymywhisky.com platform, i.e. to purchase them, provided they have an account with the online payment service “PayPal”.

(2) The posting of products for the auction must be carried out by the user (as “Provider”) as follows:

a) Description of the product or bottle (Fl.) and its quantity with the original picture, whereby a maximum of 5 pictures in the file format “jpg” with a picture size limit of 5 MB can be set.

b) Description of the product in text form according to a pre-designed text or table;

c) Naming of the product category: Single Malt Whisky, Blended Malt Whisky, Blended Scotch Whisky, Grain Whisky, Whiskey;

(d) the name of the specific distillery or distillery:

(e) Designation of the bottler: distillery bottling, independent bottler (UA), together with the date of bottling;

(f) designation of the type of cask: Sherry, Amarone, American White Oak, European Oak, Rum, Bourbon, Port, Mizunara;

(g) the designation of the alcoholic strength by volume

(h) Size indication in cl: 5, 10, 20, 35, 50, 70, 75, 100, 150, 300, 450

(i) Optional: minimum amount as starting price.

The above-mentioned information on the product description must be confirmed by the provider, if applicable, with a click (“X”) in the text field provided by the platform; this applies in particular to the originality of the products.

With regard to the shipping of the product(s), the Supplier shall choose between “insured shipping” and/or “collection” and shall indicate the respective shipping costs.

Commercial users (suppliers/sellers) and thus entrepreneurs in the sense of § 14 BGB, who offer their products to private users, i.e. consumers in the sense of § 13 BGB, must observe the legal regulations for the purchase of consumer goods (§§ 474 ff BGB), the information obligations in the Distance Selling Act (§ 312b ff BGB) as well as the supplier identification obligation (§ 6 TDG), in particular instructing the users (bidders/buyers) about the existing legal right of revocation.

§ 5
Procedure of the auction/conclusion of contract

(1) Each auction shall have a predefined duration of 14 or 28 days. If no bid is placed within this period, the product placed will be automatically removed from the platform after the auction period has expired. The Vendor is free to place the product on the platform again for a new auction after the auction has ended.

(2) By placing the product on the platform or auction, the user (vendor) as seller of the product submits a legally binding offer to conclude the purchase contract with the highest bidder (bidder) as buyer of the product. The offerer has the possibility to set his product as a starting price for a certain minimum amount. If no price is stated, the auction will automatically start with a minimum price of € 1.00. The bids are exclusively stated in Euro and are to be understood as the final price including any applicable value added tax. The withdrawal of a binding offer is not possible.

(3) The minimum bidding amount for the product is € 1.00.

(4) The acceptance of the purchase offer is made by the bidder by submitting a bid (for offers with a certain amount as starting price this must be exceeded) under the condition precedent that he is the highest bidder at the time of the end of the auction. The withdrawal of a binding bid is no longer possible.
The bidder has the option of placing a certain maximum amount as a bid. If he does not make use of this possibility, his bid is also his maximum bid.
The bidder’s offer expires at the time when he is outbid by a new bid from another bidder.
As soon as the status of a transaction changes, the bidder automatically receives an email informing him of the current status and the next step of the transaction. This means that the bidder is always informed about his bid and the status of the auction process and can react quickly to status changes.
If the current bid is exceeded by another bidder, the bidder’s offer will automatically increase by € 1.00 each time until it reaches the sum of his maximum bid. A closed auction remains up to two weeks after the end.

(5) Bids for products placed by the user are not permitted either personally or via third parties and, if known, may lead to exclusion from the platform as well as rescission in the event of contract conclusion. The costs incurred thereby shall be borne exclusively by the User who violates this provision. During the duration of the auction, it is not permitted to purchase the posted products outside the auction/platform.

(6) Payment for the auctioned products must be made exclusively via the online payment service “PayPal” and in the Euro currency. After the conclusion of the contract the user has to identify himself with his access data at PayPal. The user/provider must then go through the PayPal payment process and make the payment to the user/provider and confirm this to him. Upon receipt of the purchase price by the provider, the latter is obliged to transfer the auctioned goods to the bidder. The product will only be shipped/transferred after receipt of the complete payment to the PayPal account of the user/provider. Commercial users/providers are obliged to send the bidder an invoice for the purchased product and – if there is a sales tax obligation – to show the sales tax contained therein.

(7) If the auction is terminated or interrupted by the platform for technical reasons (e.g. server failure, etc.), the auction shall be restarted after the interruption. The previous bids are then non-binding and will be deleted.

§ 6
Commission

(1) Starting 1st of November 2020: In the case of the conclusion of a sales or purchase contract, “Buy-my-Whisky ” receives a commission in EURO of 8% of the sales price. The amount is automatically debited by Paypal, so that the offerer/seller receives 92 % of the selling price and the platform 8 %.

(2) Starting 1st of November 2020: For the commission “Buy-my-Whisky” will send the offerer an invoice, which will be sent to him as a PDF file by email and which he can also call up in the menu item “Invoices”. The offerer has no claim to receive an invoice with stated sales tax.

§ 7
Customer rating

(1) The customer evaluation has the goal to give the respective user an indication of the trustworthiness of his contractual partner. A user can achieve a higher customer rating through positively rated transactions, but can also lose this again through bad ratings.

(2) With the customer evaluation, i.e. the evaluation quality, positive evaluations are set in relation to the negative evaluations. Neutral ratings are not taken into account.

(3) Users rate their transactions by rating their respective transaction and thus their respective contractual partner according to a so-called 5-point principle between 1 (= negative) and 5 (= top) in the menu bar “My Account” under the submenus “Auctioned” and “Auctioned”. The respective rated user can see his rating under the menu item “Dashboard/Overview” below his profile status. Evaluations that are not true or inappropriate as well as self-evaluations are prohibited and can lead to exclusion from the platform.

§ 8
Data protection, contact between users, declaration of consent

(1) In order to be able to trade “Buy-my-Whisky” without restrictions, “Buy-my-Whisky” is obliged to request the data required for trading from the users. “Buy-my-Whisky ” will collect, use and process this data exclusively for the purpose of conducting trade on the online platform. “Buy-my-Whisky ” will observe the provisions of the Federal Data Protection Act (BDSG), the Telemedia Act (TMG) and all other data protection regulations. A transfer of user data (the regulation in paragraph (2) as well as to the online payment service PayPal excluded) will only take place if “Buy-my-Whisky ” is legally obliged to do so.

(2) If registered users wish to contact their respective contractual partner directly, they will find the name of their respective contractual partner in the menu item “Overview” under the submenu items “Purchases” or “Ended Auctions“. When clicking on the name, the user can see the telephone number of his respective contractual partner in order to contact him directly.

(3) The User expressly agrees to the handling of his data as described in paragraphs (1) and (2), i.e. their storage, processing and forwarding.

§ 9
Liability of Buy-my-Whisky

(1) The initiation of a contract as well as the conclusion of the contract and the contractual relationship is solely the responsibility of the users. “Buy-my-Whisky ” refrains from any action and is not liable in the event of breaches of contract or contracts not concluded or other delivery or material or legal claims for defects between the users.

(2) All information and content of sales and purchase offers come exclusively from the user himself. The users themselves are solely responsible for the sales and purchase offers posted on the online platform. All information provided by the users on the online platform is for “Buy-my-Whisky ” foreign content within the meaning of § 5 paragraph 2 Teleservices Act. “Buy-my-Whisky” does not guarantee the accuracy, legality, completeness, timeliness and actual availability of the sales and purchase offers posted on the online platform. A liability of “Buy-my-Whisky ” or its representatives and agents as well as a claim for damages for delay or non-performance or poor performance of the contract between the users is therefore not. The user releases “Buy-my-Whisky” from all claims which third parties make against “Buy-my-Whisky” due to posted content.

(3) “Buy-my-Whisky” does not verify the identity of the users. A liability of “Buy-my-Whisky ” in the case of incorrect data of users is therefore not. The users themselves are obliged to verify the creditworthiness of their contractual partners or are aware of the risk of a possible lack of creditworthiness or false identity information.

(4) “Buy-my-Whisky” strives to provide continuous access to the online platform, but cannot guarantee this at all times, especially in the case of network attacks and other attacks on the infrastructure or other technical faults. Any liability for cases of non-availability of the online platform for which we are not responsible is therefore excluded. Furthermore, “Buy-my-Whisky” is entitled to take the platform out of operation for maintenance and improvement purposes with one week’s prior notice. If products are discontinued at this time or bids have already been submitted, these will be deleted as non-binding and can be discontinued again after recommissioning.

(5) If liability on the part of “Buy-my-Whisky” should exist, this shall be limited to the foreseeable damage. “Buy-my-Whisky ” is not liable in any case for lost profits or consequential damages.

§ 10
Intellectual property, final provisions

(1) Both the contents and the design of the online platform www.buymywhisky.de are under copyright protection.

(2) The reproduction, distribution, transmission and/or making publicly available is expressly prohibited without the prior written consent of “Buy-my-Whisky “.

(3) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

Date effective: February 2020