Our terms
1. These terms
1.1 What these terms cover. Liquid Whisky Limited (“Liquid Whisky,” “we,” “us”, or “our”) operates a live marketplace that allows users to buy and sell certain whisky related goods (“products”). These terms and conditions, our Privacy Policy, our FAQs, our How it Works section and all policies and requirements posted on our website (the “Site”), in each case as amended from time to time, all of which are incorporated into these terms and conditions by reference (the “Terms”), set out the terms and conditions on which we provide our Site, services, data, software, applications and tools (collectively “Services”) to you as a registered user, and, by which Sellers may make products available, by which Buyers may express an interest in products, and by which Sellers may conclude the sale of products to Buyers.
1.2 Why you should read them. Please read these terms carefully before you transact the sale or purchase of a product using our Site or otherwise use the Site or Services. These terms create a binding legal contract between you and us, tell you who we are, how we will provide services to you, the terms that apply to transactions between a Seller and a Buyer, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss
2. Information about us and how to contact us
2.1 Who we are. We are Liquid Whisky Limited a company registered in England and Wales. Our company registration number is 12073533 and our registered office is at Kemp House, 152-160 City Road, London, England, EC1V 2NX. Our registered VAT number is 331963304. Liquid Whisky uses the Auctioneers scheme for VAT.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0203 195 3883 or by writing to us at info@liquidwhisky.com or Liquid Whisky, Kemp House, 152-160 City Road, London, England, EC1V 2NX.
2.3 Who you are. “You” and “your” refer to you, a person accessing and/or using the Site or the Services, any electronic agent accessing the Site and/or using the Services on behalf of an individual or entity, and any entity on whose behalf an individual or agent is accessing the Site and/or using the Services.
2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when registering as a user.
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 By registering as a user of the Site you accept and agree to be bound by and comply with these Terms and the Privacy Policy when this option is made available to you upon registration, in full. If you do not agree to these Terms, do not use the Site or any of the Services.
3.2 Your transaction reference. We will assign a transaction reference to your transaction and tell you what it is when we accept your transaction. It will help us if you can tell us the transaction reference whenever you contact us about your transaction.
3.3 We only sell to the UK. Our Site is solely for the purchase and sale of products in the UK. Unfortunately, we do not accept orders from or arrange deliveries to addresses outside the UK.
3.4 Products may vary slightly from their pictures. The images of products on our Site are supplied by users and for illustrative purposes only. The images may be generic and/or digitally altered and may not show the exact bottle you are purchasing. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary from those images.
3.5 We may use your images. Any images supplied by users become the sole property of Liquid Whisky and you agree that we may use the image for any purpose related to the buying and selling of Whisky related products. This might include, but is not limited to, editing the image for use as a generic image on our Site.
4. Our rights to make changes
4.1 Changes to the Terms. We may in our discretion change these Terms (including the Privacy Policy and the FAQs or any policy) without notice to you. Changes take effect when we post them on our Site. You should view these Terms often to stay informed of any changes that may affect you. Your continued use of the Site and/or Services following any such changes constitutes your acceptance of them. If you do not agree to any of the changes, you must not use the Site or any Services.
4.2 The version of these Terms posted on our Site on any date you visit the Site will be the Terms applicable to your access and use of the Site and Services on that date. Our electronically or otherwise stored copies of these Terms shall be deemed to be the true and complete version of the Terms that were in force on the relevant date. We reserve the right to terminate these Terms, or to refuse, restrict, or discontinue access to or use of the Site and/or Services (or any part of them) to you or any other person or entity, if you are in breach of the Terms or for any reason or for no reason whatsoever, at any time, without notice or liability.
5. About Liquid Whisky
5.1 Liquid Whisky provides a live marketplace for buyers (“Buyers”) and sellers (“Sellers”) of whisky related products. A description of the live marketplace process and the rules applicable to Buyers and Sellers is available on our FAQ page, as updated from time to time. Although the Services include buy and sell functionality it is important to note: (1) Liquid Whisky facilitates the purchase transaction, but the actual purchase contract is directly between the Buyer and Seller; (2) we do not set prices for the products; and (3) Liquid Whisky acts as a commercial agent to conclude the sale on behalf of each Buyer and Seller involved in each transaction. Because Sellers set prices, they may be higher than retail value. Any product valuations displayed through the Services are estimates only. We reserve the right to investigate complaints and violations of these Terms and, to the extent permitted by applicable law, may take any actions we deem appropriate, including suspending your account and charging your payment card for costs we incur as a result of the violation. Although the Services are generally anonymous, Buyers acknowledge and agree that their name (initial and surname) and address will be shared with Sellers at the point of transaction to facilitate delivery. We may, without any prior or other notification, share your information with law enforcement, regulatory bodies and other third parties in order to comply with our legal obligations or as part of an investigation related to any alleged breach of law or these Terms, and we may respond to all inquiries initiated by law enforcement or other government or regulatory bodies.
5.2 Liquid Whisky does not review users’ listings and does not have possession of any products listed or sold through the Site. While we may help with the resolution of disputes, Liquid Whisky has no control over, and does not guarantee the existence, quality, safety or legality of, products advertised; the truth or accuracy of users' content, listings or feedback; the ability of Sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item if required to do so.
5.3 All transactions of products listed on the Site must be conducted through us. Buyers and Sellers are not permitted to arrange private sales of products listed on the Site or implement measures or conclude arrangements with a view to minimising or avoiding fees properly due to us. If we reasonably believe that this has occurred, we may suspend your account.
6. Accounts, Passwords, and Security
6.1 To use the live marketplace, you must create an account using your email address and password. To offer products for sale (“Offer”) or offer to purchase products (“Bid”), you must create an account. In order to complete transactions, you must provide details of and have a valid credit card or other approved payment method. You agree that we may charge your credit card or other payment method for amounts you owe as described in these Terms, as well as any costs or losses arising from your breach of the Terms. When you register to create an account with us, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorised payment method. If you use any Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You acknowledge and agree you are responsible for all activities that occur via your account or password. You agree to notify Liquid Whisky immediately upon learning of any unauthorised use of your account or password, or any other unauthorised access or breach of security. You may be held liable for losses incurred by Liquid Whisky or any other person or entity due to another person using your account or password. You shall not use any other user’s account or password at any time. You shall not transfer or assign your account.
6.2 Please review our other policies posted on Site which are part of the Terms and govern your use of the Services. We reserve the right to make changes to our site, policies, and the Terms at any time.
6.3 Liquid Whisky cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms.
6.4 We reserve the right to suspend or terminate your account in the event that you breach any of these Terms.
7. Fees, Promotional/Discount Codes and Taxes
7.1 Our fees for use of the Site and/or the Services. Fees for the Services, including applicable postage fees, are described in our FAQs/ How it Works sections of the Site, as updated from time to time. Liquid Whisky may sometimes provide a code that can be used for promotions or discounts for purchases on the Site. These promotional or discount codes may be sent via email to our registered users, presented on our Site or circulated at events and through other means and, unless otherwise provided are subject to the promotional or discount terms available on the Site.
7.2 Your responsibility for paying any applicable taxes. In using the Site and/or the Services, Sellers acknowledge and agree they are responsible for collecting, paying, reporting and remitting any and all taxes due (including, without limitation VAT) that may be due with respect to a sales transaction, and Buyers acknowledge and agree to pay any and all taxes due with respect to their purchase transaction. In each case, Sellers and Buyers agree that Liquid Whisky, as the facilitator of the transaction, is not responsible for reporting, collection or payment of any taxes on your behalf.
8. Visual Inspection; Shipping and Handling
8.1 Liquid Whisky will not visually inspect any products for damage (whether visible or otherwise) and does not warrant that any products are undamaged or authentic. It is the Seller’s responsibility to ensure that any damage (including aesthetic damage) is detailed on the listing, and Sellers are advised to identify any such damage in order to reduce the likelihood of disputes. If we consider that a product listing is inaccurate the Seller may be asked to pay return delivery costs, refund the Buyer and/or pay any costs we incur. If Sellers repeatedly breach this condition we may suspend or terminate your account.
8.2 As part of the purchase transaction, the Seller will ship the product directly to the Buyer. The Seller will be responsible for ensuring that the product is appropriately packaged and will be liable for any breakages which occur during transit. We recommend that Sellers accordingly take out insurance to cover any such breakages or losses before sending products. Liquid Whisky does not accept responsibility to either Buyers or Sellers in relation to lost or damaged products.
8.3 On delivery the Buyer must inspect the product and shall only accept delivery if satisfied that the product is not broken. If the product is found to be broken on delivery you must inform us within 14 days of delivery, and we will issue a full refund. For the avoidance of doubt, it is the nature of Whisky products that some seals and labels may be prone to cracking in varying temperatures and transport conditions. A Buyer will not be entitled to a refund and Liquid Whisky accepts no responsibility or liability to Sellers or Buyers for any cracked seals or labels or any other damage to products or packaging that occurs during transit.
8.4 Given the age of some products made available on the Site, you should not assume that they are in good condition or suitable for consumption, and you should consider the appropriateness of taking advice or testing their content status before doing so. Some products which are unsuitable for consumption may be sold as items of historical interest for display purposes or investment value only. If you do not have expertise to ascertain whether a product is fit for human consumption, you should consult someone who is able to properly advise you.
8.5 Liquid Whisky’s policy requires Sellers to ship products within the specified timescale provided in the sale confirmation email after purchase. However, because Liquid Whisky cannot control the amount of time it takes for the product to get from a Seller to the Buyer, we cannot be certain of a specific delivery timescale for any product. The Buyer is not permitted to cancel the purchase if the product does not ship from the Seller within the specified timescale in the sale confirmation email after purchase. If a Buyer does not receive a product, the Buyer shall promptly report the issue to Liquid Whisky within 2 days of the latest estimated delivery date. Liquid Whisky has the right (acting in its absolute discretion) to refuse returns by a Buyer or other refunds and/or to charge restocking and postage and handling fees for returned or abandoned products.
8.6 It is the Buyer’s responsibility to provide a correct address and Liquid Whisky accepts no responsibility or liability (howsoever arising) for products which are not received because the address supplied was incorrect.
9. Counterfeits, Fraud, and Unlawful Activity
9.1 Liquid Whisky takes counterfeiting, fraud and unlawful activity very seriously. A user of the Site shall notify Liquid Whisky immediately if it reasonably believes any offered product to be a counterfeit. If a Seller or other user provides a counterfeit product, a product that does not match (in all material respects) the product description given by the Seller or attempts to defraud any Buyer or Liquid Whisky, Liquid Whisky reserves the right to do any or all of the following (acting in its absolute discretion): (i) remove any or all of Seller’s listings from the Services; (ii) cancel any or all of Seller’s pending transactions; (iii) withhold any payments due to the Seller; (iv) provide the counterfeit products to law enforcement bodies or destroy the counterfeit products; (v) charge the Seller’s payment card for costs, expenses and fees incurred by Liquid Whisky as a result of Seller’s action or inaction, including without limitation courier fees, and refund of the full product price to the Buyer; (vi) ship the product back to the Seller at the Seller’s cost; (vii) place limits on the Seller’s ability to buy and sell using the Site and the Services, (viii) suspend the Seller’s account, and (ix) charge the Seller’s credit card a service fee of 8% of the purchase price up to a maximum service fee of £1000 to cover Liquid Whisky’s investigation fees and other related costs, expenses and losses.
9.2 If a Buyer receives a product that it believes to be counterfeit, the Buyer must notify Liquid Whisky in writing within 6 months after receiving the product, and we will commence an investigation into the product.
9.3 Liquid Whisky expressly reserves the right to arrange for the destruction of any products it believes (acting in its absolute discretion) to be counterfeit, and shall have no responsibility to arrange for the return of such products to any related Seller.
9.4 The Buyer shall cooperate with us in the investigation, including providing photographs and other evidence of the product, providing the product to law enforcement, destroying the product, or delivering the product to us, at our direction. If we elect to have the Buyer destroy the product, the Buyer shall provide reasonable proof of destruction to us. We will refund all fees and costs paid by the Buyer for the product (including shipping and handling). A Buyer shall not resell a product (on the Site or elsewhere) that is reasonably believed to be counterfeit.
9.5 Liquid Whisky may monitor the Site and the Services and may take such steps to protect the Site and Services as Liquid Whisky (acting in its absolute discretion) considers appropriate. If Liquid Whisky considers it appropriate to do so, without limiting any other rights of Liquid Whisky, Liquid Whisky reserves the right to do any or all of the following (acting in its absolute discretion): (i) remove any or all of the user’s listings from the Services; (ii) cancel any or all of the user’s transactions pending through the Services; (iii) withhold any payments due to the user; (iv) place limits on a user’s ability to buy and sell using the Site and the Services; (v) charge the user’s credit card for costs, expenses and fees incurred by Liquid Whisky as a result of the user’s actions; (vi) notify law enforcement bodies of the fraudulent activity; (vii) temporarily or permanently suspend the user’s account, and (viii) charge the user’s credit card an additional service fee of up to 8% of the purchase price up to a maximum additional service fee of £1000to cover Liquid Whisky’s investigation fees and other related costs, expenses and losses.
10. Seller Obligations
10.1 By listing a product for sale (each posting, an “Offer”), you are making a binding offer to sell that specific product to a buyer who purchases the product for the Offer price you have specified and to ship the product in accordance with our FAQs/ How it Works as updated from time to time. When a Buyer accepts your offer by purchasing your product through our Services, you are contractually and legally bound to deliver that exact product to that Buyer for the specified price. Liquid Whisky will provide Sellers with a list of designated couriers and Sellers must give Buyers the option of at least one of these couriers. Sellers must ship products via the courier chosen by the Buyer at the point of purchase within the specified timescales provided in the sale confirmation email and must obtain a receipt from the courier confirming collection of the product and provide Liquid Whisky with the tracking number and details of the courier method used. As a Seller, you shall monitor your products to ensure all your listings are accurate. Once a Bid and Offer are matched, a Seller shall not be entitled to delete the listing. Where, as a Seller, you fail to fulfil an order you may have your account suspended, or be required to pay us, a charge equal to 4% of the purchase price up to a maximum charge of £500 , as a fee for use of the Site and the Services and to cover Liquid Whisky’s investigation fees and other related costs, expenses and losses.
10.2 If a Seller fails to deliver products to a Buyer in accordance with these Terms, Liquid Whisky reserves the right to do any or all of the following (acting in its sole discretion): (i) charge the Seller’s credit card an additional amount equal to 4% of the purchase price up to a maximum additional amount of £500 , as a fee for use of the Services and to cover Liquid Whisky’s costs, expenses and losses; (ii) remove any or all of Seller’s listings from the Site and the Services; (iii) cancel any or all of Seller’s orders pending through the Site and the Services; (iv) withhold any payments due to the Seller including without limitation any fees payable to us; (v) place limits on the Seller’s access to use of the Site and the Services; (vi) charge the Seller’s credit card for costs, expenses and fees incurred by or payable to Liquid Whisky as a result of the Seller’s action or inaction, courier charges, and refunds to the Buyer; and (vii) suspend the Seller’s account.
10.3 A Seller shall ensure that the product it lists matches the image on the Offer page and meets all applicable Liquid Whisky Requirements as explained in the FAQs/ How it Works. If Liquid Whisky or a Buyer reasonably determines that a Seller’s product does not conform to the description (including, without limitation, meeting the applicable Liquid Whisky Requirements), or is counterfeit, then we will charge the Seller’s credit card an amount equal to 8% of the purchase price up to a maximum charge of £1000 to cover Liquid Whisk’s investigation fees and other related costs, expenses and losses, as a fee for use of the Services, plus additional amounts or, as determined in Liquid Whisky’s absolute discretion, charge you for the cost of any incurred courier charges, and refunds paid or payable to the Buyer. Liquid Whisky has no obligation to return products that do not conform to the description (including, without limitation, meeting Liquid Whisky’s Requirements), or are counterfeit (in which case, Liquid Whisky may provide those products to a law enforcement or regulatory body or arrange for their destruction).
10.4 Liquid Whisky will pay the Seller the purchase price (minus any fees) after the earlier of the Buyer confirming on their online account that they are satisfied that the product is as described, or 14 days elapsing since delivery. Please refer to the FAQs/ How it Works to see fees applicable to sales transactions.
10.5 By agreeing to these terms you confirm that you are a private seller and are not acting in a business capacity and shall comply with all applicable laws. As a private seller you are under a legal duty to refund the Buyer the purchase price if the product is not as described or is faulty and you give Liquid Whisky permission to charge the refund amount to your registered card if we reasonably believe any of the scenarios in this clause 10.5 have occurred.
11. Buyer Obligations
11.1 As a Buyer, you shall be required to pay for any products you Bid for when your Bid matches a Seller’s Offer. When you place a bid, you are committing to purchase the product as soon as your bid matches a Seller’s offer price and you acknowledge that payment of the offer price will be taken using your payment details. In order to be a Buyer you must have a billing address and shipping address within one of the countries that Liquid Whisky supports. You can see a full list of these countries in the How it Works section of out Site which may be updated from time to time. We will usually charge the Buyer’s payment card immediately upon purchase and hold the funds until the transaction is complete, being the earlier of the Buyer confirming on their online account that they are satisfied that the product is as described, or 14 days elapsing since delivery, at which time we shall pay the Seller (less any fees due to us). You will not receive any interest on the amounts we hold. You might be required to pay certain fees as described when placing your Bid, as updated from time to time. If your payment fails or is rejected for any reason (e.g. the purchase exceeds a credit card limit or the card has been cancelled), you refuse delivery for any reason other than those listed in clause 11.2, you fail to collect a missed delivery from the depot or miss the maximum number of delivery attempts offered by the courier, Liquid Whisky reserves the right to do any or all of the following, in its sole discretion: (i) charge the Buyer’s credit card an additional amount equal to 8% of the purchase price up to a maximum additional amount of £1000 as a fee for use of the Services and to cover Liquid Whisky’s costs, expenses and losses; (ii) remove any or all of the Buyer’s Bids from the Site and the Services; (iii) cancel any or all of the Buyer’s orders pending through the Site and the Services; (iv) withhold refunds or payments due to the Buyer; (v) place limits on the Buyer’s access to use the Site and the Services; (vi) charge the Buyer’s payment card for costs, expenses and fees incurred by Liquid Whisky as a result of the Buyer’s action or inaction; and (vii) to suspend the Buyer’s account. Except as expressly set out in these Terms, all sales are final once the product is delivered, and no refund requests will be honoured regardless of the current value of the product. If you experience a problem with your purchase or a product, please contact us at support@liquidwhisky.com. If there is a problem with a product you have received, you must contact us in writing within 14 days after receiving the product with a detailed description of the problem.
11.2 For the avoidance of doubt, refunds may only be issued to the Buyer in the following circumstances and at Liquid Whisky’s absolute discretion following an investigation:
a) the product is not as described,
b) the product is broken on delivery; or
c) the product is reasonably suspected to be counterfeit.
If a delivery is refused for any other reason than those listed in clause 11.2 above the product will be returned to the Buyer and you may be charged additional fees as set out in clause 11.1.
12. Limitations and Restrictions
12.1 Liquid Whisky does not provide any representation, warranty or guarantee:
(a) that your use of the Site and/or the Services will be uninterrupted or error-free;
(b) that the Site and/or the Services will be free from viruses or vulnerabilities;
(c) that your products will sell, and Liquid Whisky will not provide any reimbursement or compensation for products that do not sell on the Site or using the Services;
(d) as to how long it will take for a product to appear on the Site after it is posted and Liquid Whisky is not responsible for unsold products resulting from any listing delays.
12.2 Liquid Whisky is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities including, without limitation, the internet, and you acknowledge that the Site and Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
12.3 Liquid Whisky carries out maintenance of the Site and Services from time to time, when the Site and Services may be temporarily unavailable.
12.4 You acknowledge and agree that you shall not:
(a) use the Site or the Services to make or arrange sales outside of Liquid Whisky, to avoid paying fees properly payable to Liquid Whisky or to contact any user of the Site or the Services;
(b) use our Services if you are under the legal age to purchase alcohol in your country of residence, are suspended from using the Site or the Services, or do not otherwise have the capacity to enter into legally binding contracts;
(c) access, store, distribute or transmit any viruses, or any material during the course of your use of the Site or the Services that:
(i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(ii) facilitates illegal activity;
(iii) depicts sexually explicit images;
(iv) promotes unlawful violence;
(v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
(vi) is otherwise illegal or causes damage or injury to any person or property;
and we reserves the right, without liability or prejudice to our other rights, to disable your access to the Site in the case of any material that breaches the provisions of this clause;
(d) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted in accordance with these Terms:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Site or Services (or the source code or software comprised in any of them) (as applicable) in any form or media or by any means; or
(ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Site or Services (or the source code or software comprised in any of them); or
(iii) access all or any part of the Site or Services (or the source code or software comprised in any of them) in order to build a product or service which competes with the Site or Services; or
(iv) use the Site or Services (or the source code or software comprised in any of them) to provide services to third parties; or
(v) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Site or Services (or the source code or software comprised in any of them) available to any third party, or
(vi) attempt to obtain, or assist third parties in obtaining, access to the Site or Services (or the source code or software comprised in any of them); or
(vii) introduce or permit the introduction of, any virus or vulnerability into the Site or Services.
12.5 Liquid Whisky reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected breach of these Terms, including, without limitation, the suspension or termination of your access and/or account. Liquid Whisky may cooperate with law enforcement and regulatory bodies and/or third parties in the investigation of any suspected or alleged crime or unlawful act. Except as may be expressly limited by the Privacy Policy or applicable law, Liquid Whisky reserves the right at all times to disclose any information that it deems necessary to satisfy any applicable law, regulation, legal process or regulatory request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Liquid Whisky’s sole discretion. You also agree to reimburse Liquid Whisky for any damage, loss, cost or expense Liquid Whisky incurs (including, without limitation, legal costs) because of your use of the Site or Services for any unlawful or prohibited purposes.
13. Intellectual Property
13.1 You acknowledge and agree that (i) our patents, copyrights, trademarks, service marks, trade secrets, business names and domain names and all other intellectual property (collectively, “Intellectual Property”) are our sole property, and (ii) nothing in these Terms shall confer on you any right of ownership, licence or other rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of our Intellectual Property. The Site and Services, and all Intellectual Property comprised in them are the property of Liquid Whisky or its licensors or suppliers, and are protected by applicable law. Any unauthorised reproduction, modification, distribution, transmission, display, other use of the Site or Software (or data, source code or content thereof) is strictly prohibited.
13.2 Liquid Whisky grants you a personal, non-exclusive, non-transferable, non-assignable, revocable, limited licence to use the Site and the Services solely for your personal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Site, the Services, or any other data, source code or content available via the Sites or the Services. All rights not expressly granted to you in these Terms are expressly reserved and retained by Liquid Whisky.
14. Indemnity
14.1 Without prejudice to any other provision of these Terms, you shall indemnify, defend and hold Liquid Whisky and its respective officers, directors, agents and employees harmless from and against all claims, demands, loss, damage, liability, costs, interest and expenses (including reasonable legal fees) brought by any person that involves, relates to or concerns (a) your listing or sale of any counterfeit, stolen, or illegal goods, (b) your breach of any provision of the Terms, (c) your improper use of the Site or the Services, (d) your breach of any law or the rights of a third party, or (e) tax liability or amounts due or owing under any applicable law. We reserve, and you grant to us, the right to assume exclusive defence and control of any matter that is the subject of the indemnity in this clause. All rights and duties of indemnification that are set forth herein shall survive termination (howsoever arising) of these Terms.
15. Disclaimer of Warranties; Limitations of Liability
15.1 You shall defend, indemnify and hold harmless Liquid Whisky against claims, actions, proceedings, losses, damages, expenses and costs (including, without limitation, court costs and reasonable legal fees) arising out of or in connection with your use of the Site and/or the Services, provided that:
(a) we give you prompt notice of any such claim;
(b) we provide reasonable co-operation to you in the defence and settlement of such claim, at your expense; and
(c) you are given sole authority to defend or settle the claim.
15.2 Except as expressly and specifically provided in these Terms:
(a) you assume sole responsibility for results obtained from the use of the Site and the Services and your dealings with a Buyer or Seller (as applicable). We shall have no liability for any damage caused by errors or omissions in any information provided to us by a Seller or a Buyer (or other user) in connection with the Site or the Services, a Seller’s or Buyer’s failure to honour their commitments, or any actions taken by us at your direction;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms and our contract with you; and
(c) the Site and the Services are provided to the Customer on an "as is" and “as available” basis.
15.3 Nothing in these Terms excludes the liability of the Supplier:
(a) for death or personal injury caused by Liquid Whisky's negligence; or
(b) for fraud or fraudulent misrepresentation by us.
15.4 Subject to clause 15.3 above:
(a) Liquid Whisky shall not be liable for any claims, losses, damages or costs arising from information a user has entered on the Site, your inability to use the Site or the Services, and any delays in shipping and/or availability of the Site and/or the Services;
(b) Liquid Whisky shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms or otherwise in connection with our arrangements with you; and
(c) the Supplier's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the use of the Site or the Services shall be limited to which ever is the lesser of: (i) the sale price of the product that is the subject of any claim and (ii) £1,000 (one thousand pounds).
16. Force Majeure
16.1 Liquid Whisky shall have no liability to Buyers, Sellers or other users of the Site or Services pursuant to, or in connection with, these Terms if it is prevented from or delayed in performing its obligations under these Terms, or from providing the Site and/or the Services, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Liquid Whisky or any other party), failure of a utility service or transport or telecommunications network, act of God, pandemic (including without limitation, COVID-19), war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Buyer, Seller or user (as applicable) is notified of such an event as soon as reasonably practicable and its expected duration.
17. Disputes with Liquid Whisky
17.1 You and Liquid Whisky agree that any claim or dispute that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Site or the Services, will be resolved in accordance with the provisions set forth in this Section.
17.2 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you acknowledge and agree you can bring legal proceedings in respect of the products only in the English courts.
17.3 Complaints and Alternative dispute resolution. The contract for sale of any product is made directly between the Buyer and Sellers. Where possible, Liquid Whisky is committed to working with you to help promote the smooth operation of the marketplace. If you have a complaint, we will try to resolve your complaint using our internal complaints procedure. If we have been unable to resolve your complaint, you may Appeal to the London Arbitration Centre Limited within 12 months of our final response. They are approved by the Chartered Trading Standards Institute to provide an independent review of complaints and disputes by way of Alternative Dispute Resolution (ADR). Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We agree any decision by them in respect of any Appeal to be binding upon us. Their details are;
website: www.londonarbitrationcentre.com
telephone: 0203 287 4003
email: adr@londonarbitrationcentre.com
Or you may use the European Commission's online dispute resolution platform via the electronic form available on the website of the European Commission: http://ec.europa.eu/consumers/odr/. Please note that if the Appeal is submitted through the EU ODR platform, we will only make use of ADR services provided by the London Arbitration Centre Limited.
18. Electronic Communications
When you use the Site and/or Services, or send e-mails, text messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.
19. Typographical Errors
19.1 The Site and the Services could include technical inaccuracies or typographical errors. Liquid Whisky shall have no liability in connection with any such inaccuracies or errors, nor shall Liquid Whisky have any obligation to identify and/or correct any such inaccuracies or errors.
20. Disclaimer of Third Party Information
20.1 To the extent that any information, material, or functionality available via the Site or the Services is provided by third party content providers (“Third Party Materials”), Liquid Whisky has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. Liquid Whisky does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with Liquid Whisky.
21. General
21.1 These Terms and all terms and policies posted through the Site or the Services (as each may be revised and amended from time to time according to their respective terms) constitute the entire agreement between you and Liquid Whisky relating to your use of the Site and the Services, and supersede all prior understandings and agreements.
21.2 Delivery costs. The costs of delivery will be as displayed to you on our Site.
21.3 We are not responsible for delays outside our control. If the availability or functionality of the Site of Services is delayed by an event outside our control we will take reasonable steps to minimise the effect of the delay and may notify users. However, we will not be liable for delays caused by the event.
21.4 If you do not re-arrange delivery. If after a failed delivery to a Buyer, the Buyer does not re-arrange delivery or collect the product from a delivery depot, the product will be returned to the Seller, and we shall refund monies paid by the Buyer less our fees, and any applicable storage and delivery costs.
22. If there is a problem with the product
22.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0203 195 3883 or write to us at info@liquidwhisky.com or Liquid Whisky, Kemp House, 152-160 City Road, London, England, EC1V 2NX.
23. Price and payment
23.1 When you must pay and how you must pay. We accept payment with Visa, MasterCard, Maestro, American Express, Google Pay, Apple Pay and such other debit and credit cards accepted by our payments platform provider from time to time. You must pay for the products before the Seller dispatches them.
23.2 We will charge the Buyer’s account once the order has been confirmed. We will hold the money in our secure account. The purchase price will not be released to the Seller until the Buyer has confirmed on their online account that they are satisfied that the product is as described, or 14 days have elapsed, which ever is the earliest. .
24. How we may use your personal information
24.1 How we may use your personal information. We will only use your personal information as set out in our privacy policy.
25. Other important terms
25.1 We may transfer our agreement with you to someone else. We may transfer our rights and obligations under these Terms to another organisation.
25.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
25.3 Nobody else has any rights under these Terms. The contract created by these Terms is between you and us. No other person shall have any rights to enforce any of these Terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
25.4 If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
25.5 Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
25.6 Licensing Act 2003. Liquid Whisky is licensed to sell alcohol products. Without prejudice to any other clause in these Terms, any sale that includes alcohol is appropriated (for the purposes of the Licensing Act 2003 only) to the contract at the licensed premises of Liquid Whisky Limited when an order for an available product is placed by a Buyer.