WELCOME TO WHISKYTRADES. Please read these Terms carefully (hereinafter “Terms” or “Contract”) as they establish the rules for a correct use of this platform. These Terms are a binding contract between you as user (herein referred to as “You”, “Your”) and us. This Contract as well as the other documents mentioned here govern the use of this Platform. In this Contract, any term used where singular shall include the plural and vice-versa, and any term in the masculine shall include the feminine and neuter. If there is an inconsistency between any of the provisions of this English language version and the Italian version, the provisions of the Italian language version shall prevail. W-Trades acts as agent in its own name and on behalf of each seller pursuant to art. 1703 of the Civil Code. The contract for the sale affects the seller and W-Trades does not assume any responsibility towards the successful bidder or third parties in general other than that deriving from its role as agent. All sellers registered on this Platform must not act as retailers or traders: they must act as natural persons for purposes which are outside their trade, business, craft or profession.
The service is offered by W-Trades SRL, via del Fosso di Sant’Andrea 41, post code 00118, Rome, VAT 15130801002, registered at the Rome business register no. 204055, (also referred to for convenience as “W-Trades”, “Owner”, “We” or “Us”).
WhiskyTrades.com is a web platform (hereinafter defined also as “Site” or “Platform”) that allows registered users to bid and win items through an automated online auction system (hereinafter referred to as “Lots”). You may place a binding bid to purchase one or more Lots that are being offered at auction for sale on this Platform. Each Lot will be awarded to the highest bidder. If your bid is the highest at the end of the auction procedure, the Lot is awarded, and You will enter into a sales contract with Us that represent and act on behalf of the seller. It is important to point out that W-Trades is not an auction house nor does it carry out the activity of a traditional auctioneer, but it rather provides an online service to sell items remotely through dynamic prices, providing an online intermediation service between sellers and buyers.
In order to place a bid, You must register to our Platform and provide Us with the required mandatory information through the online forms. You must confirm that You have the legal age (at least 18 years old in Italy) before completing the registration process on the Platform and place one or more bids. Registration price is 5 euros + VAT, an amount that will be returned to You if You purchase or sell at least 1 (one) Lot in the first 12 months since registering online.
Once You have signed up on this Site, You can browse the different Lots on auction. To submit an offer, You must enter Your maximum bid in a specific box located on the web page where the Lot is displayed. The highest bid placed on any Lot right when the auction closes will be deemed the winning bid. The seller may indicate a minimum reserve price; in this case the Lot is awarded only if the highest bid placed on a Lot at the time of the auction closing is higher than any optional reserve price that has been set by the seller. In the event of a winning bid, You will receive an e-mail notification with the purchase confirmation. You are aware and accept full responsibility for all offers placed through Your account. The auction ends on its last day at 9.00pm CET (Central European Time). A timer will always be visible at the top right of the web page. Once 9.00pm CET (Central European Time) hits, the bidding activity on any Lot will be extended by a further 5 minutes. The auction shall be deemed ended if both the following two conditions are met:
- 9.00pm CET (Central European Time) has passed;
- no additional bids are placed on the Lot within 5 minutes of the end time.
If You place a bid and the same is exceeded by another user, You will receive an outbid notification by e-mail. Users’ bids are binding and when the Lot is awarded You will be entering into a sale contract. By placing a bid, You accept to pay for the awarded Lot. Failure to make the payment within 30 days from the award date, will result in the contract being automatically terminated. W-Trades reserves the right to seek compensation for all damages suffered if You do not fulfill Your obligations under this Contract. In the event of late or non-payment, W-Trades may exclude You from participating in any future auction, even by permanently deleting Your account.
If You are the winning bidder and the Lot is awarded to You, You agree to pay Us the Lot price plus a commission equal to 10% of the purchase price, as compensation for the service provided by Us through the Platform. You must complete the payment no later than 3 (three) days after the auction has ended via the payment methods indicated on the Site (by way of example, bank transfer, credit card). By placing a bid, You authorize Us to charge Your credit card for an amount equal to Your final bid, in addition to our 10% commission. We will keep the funds on hold until the auction ends, then pay the seller and withhold our 10% fee. Once the payment is received, this is when the right of ownership is transferred to You. In case of late payment, We reserve the right to charge You a penalty fee of 3% on the auction price.
Once the payment is received, We will ship the Lot to your address within 7 days since payment receipt. It is Your responsibility to ensure that the address You have provided Us is correct and up to date. The Lot will be shipped only after the payment has been received. Alternatively, the Lot can be collected directly by You by appointment from our main office at via del Fosso di Sant’Andrea 41 in Rome or from our delivery point at the following address:
Via di Tor Vergata, 257
00133 Rome, Italy
If You are not in while the courier attempts to deliver, the latter will leave a card with a contact number so you can rearrange delivery. We assume no liability for delay or failure to deliver the Lot due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, pandemics, and other similar events that prevent, in whole or in part, to execute this contract. Upon delivery, You are required to check that the delivered goods correspond to the awarded Lot; once this verification is completed You will be requested to sign the delivery note. . We will not be liable for loss and damages that may occur during transport, unless You are a consumer and without prejudice to what stated under the warranty clause below for what concerns leakage. If the package is visibly damaged, You must write directly on the delivery slip that the package is accepted “under conditions” and provide a brief description of such damages.
If You are a consumer based in the European Union You have the right to cancel and return your Lot within 14 days since the day You receive it, without a justification, and to obtain a full refund. You must return the Lot to Us in its original package, without breaking any warranty seal or simply opening and/or deteriorating the packaging.
The substantial integrity of the products to be returned is an essential condition for exercising the cancellation right.
The Lot must therefore be returned in original condition and with original labels - where present - not removed, in the same conditions of receipt, with the original packaging and all the accompanying documentation.
The substantial integrity of the Lot to be returned is an essential condition for exercising Your cancellation right. Therefore, once the Lot has been opened, it will no longer be possible to return it. To exercise Your cancellation right You must send Us a registered letter with acknowledgment of receipt confirming Your intention to cancel Your order. You must return all items within 14 days, in the same condition in which they were received, with their original packaging. Model withdrawal form.
You must bear the direct cost of returning the Lot to our address. We reserve the right not to accept any return if the Lot shows signs of wear or has been used or altered from its original condition. Refunds are processed within approximately 10 days from our receipt of the Lot intact.
If You are a consumer, You are eligible for a legal warranty on each Lot according to articles 128 et seq. of the Italian consumer code. The warranty periodi is 1 (one) year from the purchasing date. However, please note that guarantee does not cover any leak or crumbling/withering of the cork/seal. The reason is that the Lots consist of old and rare spirits and leakage is due to the age of the product You are purchasing. Therefore you accept that We are not liable if the product has leaked out during shipping. You are invited to carefully inspect all images online before placing a bid and to carefully read the Lot description and its characteristics. For further information on the Lot and its characteristics You can contact Us by e-mail. We are telling you this so that You are aware and cannot ignore this potential defect.
If You would like to use the warranty, You must contact Us and provide an accurate description of the lack of conformity. We reserve the right to inspect the bottles and verify the fault. Since these are unique Lots, it is impossible to replace the bottle with an equivalent one, neither to repair it, given their nature, without prejudice to the other rights and remedies stated under Italian Consumer’s Code. You are aware that Lots’ pictures are merely to present such products for sale but could not be fully representative of the real product as they may differ in color, shades and sizes.
To exercise Your warranty rights, You must send Us a registered letter with return receipt, indicating what the lack of conformity consists of in details, including images. If You are not a consumer under Italian law, no warranties apply.
Except as otherwise provided for in this contract – or by mandatory law – all communications between You and Us should take place electronically by e-mail to the respective e-mail addresses, or through the online forms. If there is any change in your e-mail address, You must immediately inform Us.
In case of disputes related to this contract, the parties agree to make a genuine attempt to settle the dispute amicably.
This contract shall be governed by and construed in accordance with the law of Italy. If You are a consumer resident in the European Union, any dispute, controversy, proceedings or claim between You and Us relating to this Contract shall be subject to the jurisdiction of the courts in the venue where you are resident.
Pursuant to EU-Regulation N. 524/2013 of the European Parliament and of the Council We provide You with the following link to the European Commission platform for online dispute resolution: http://ec.europa.eu/consumers/odr/
If You are a business or a trader (not a consumer), any disputes concerning these Terms shall be subject to the exclusive jurisdiction of the courts of Rome, Italy.