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Auction Terms and Conditions

1. Promoter

We are Atom Supplies Limited, trading as Master of Malt, a company registered and incorporated in England and Wales, with company number 03193057 and registered address at Unit 1 Ton Business Park, 2-8 Morley Road, Tonbridge, Kent, TN9 1RA. We are the owner and proprietor of the website www.masterofmalt.com (the website), as well as the promoter of auctions being held on the website.

2. Eligibility

You must be 18 years old or older (and of legal age to purchase alcohol in your country of residence) in order to register for and participate in an auction.  

3. Shipping restrictions

Shipping destination exclusions apply to the auctions. Please check if this affects you before placing any bid: https://www.masterofmalt.com/delivery-shipping/. If you are located outside of the United Kingdom, you will be solely responsible for payment of all applicable import and customs duties, taxes and charges.  Please ensure you understand and are happy with this before placing a bid.

4. Auction registration and the registration fee

(i) In order to participate in an auction, individuals must have a Master of Malt account on the website and that Master of Malt account must be registered for auction participation.

(ii) Auction registration involves allowing us to process a transaction of £0.01 (the registration fee) on the payment card which is linked to your Master of Malt account. This is to ensure we have the payment details required in order to process a winning bidder’s payment of the winning bid without the need to contact a winning bidder again. However, we may contact you to obtain up to date payment details as required. 

(iii)As part of auction registration, you will be asked to input delivery address and preferred delivery option. These details will be used when we post the auctioned product should you become the winning bidder. It is your responsibility to input these details completely and accurately.

(iv) Once your Master of Malt account is registered for auction participation, you are then usually eligible to participate in all auctions run by us on the website. However, we reserve the right to require individuals who have already registered for auctions to re-complete registration where deem necessary (including, but not limited to, where your linked payment card has expired, your Master of Malt account had been inactive for some time, or your information such as your delivery address on your Master of Malt account is incomplete).

(v) Whilst we do not expect to do so, we reserve the right to modify and include additional elements or actions to the auction registration process at any time with immediate effect as we may see fit in our absolute discretion whilst acting reasonably. We may have to do so in order to guard against the risk of fraud.

(vi) The registration fee is non-refundable and cannot be credited towards any other purchase or winning bid.

5. Product

(i) Unless otherwise stated on the auction product page, each auction is for one bottle of alcoholic beverage.

(ii) If we have more than one bottle of the same product available for auction, we may either run several concurrent auctions (where each auction is for one bottle of the product) or run one auction for several bottles of the same product. Please check the website and read the auction product page for further details. 

6. How to place a bid

(i) The bidding period is displayed as a countdown clock on the relevant auction product page on the website. When the countdown clock reaches zero, the bidding period will close and no further bids will be accepted. Participants are strongly advised to place bids as early as possible, and not to wait until the countdown clock is close to zero.

(ii) In order to begin bidding, each participant will place a maximum bid, which represents the maximum amount that participant is prepared to pay for the product in the auction (excluding shipping fees and other relevant costs). To set the maximum bid, follow the on screen instructions, namely by inserting the maximum bid and clicking the “Save Max Bid” button.

(iii) Participants may change their maximum bid at any time during an auction, but cannot decrease their maximum bid once that amount has already been matched or outbid by another bidder.  Participants may choose to bid anonymously. Any participant who does not choose to bid anonymously agrees that we can use an abbreviated form of their name when announcing the results of the auction and for other reasonable and related promotional purposes in accordance with our Privacy Policy.

(iv) Throughout the bidding period, the website will manage bids based on the maximum bids set by participants. For as long as a participant’s maximum bid has not been reached, the system will continue throughout the bidding period to attempt to outbid the highest bid by adding £0.01 to the then highest bid amount of all participants. When a participant’s maximum bid is met, the system stops automatic bidding.

(v) In the event the same maximum bid is placed by multiple participants, priority will be given to the participant who placed the bid at the earliest time.

(vi) The auction product page will display each participant’s first name and the first letter of their surname (unless a participant has chosen to bid anonymously), the current winning bid and other current bids. Unless it matches the current winning bid, the maximum bid of any participant will not be displayed on the auction product page.

(vii) We sometimes set a reserve price on a product, which is an amount representing our minimum expectation of what the winning bid should be. Whenever we set a reserve price, we shall use reasonable endeavours to communicate this to each participant. This may be in the form of a “starting price” as the first bid in a listing or otherwise indicated some other way on the auction page.

7. About placing a bid and your bid

(i) By placing a bid, each participant makes an unconditional contractual offer to purchase the product at the purchase price (as defined below in paragraph 9(i)), as well as to pay the shipping/delivery fees and other relevant costs, on and subject to our Consumer Terms of Business.

(ii) Each participant may only participate in each auction once. Multiple bidding aliases are void. The website incorporates a number of mechanisms designed to prevent duplicate entries. If you consider that you have been wrongly blocked from entering the auction, please contact us.

(iii) Once a bid is placed, it cannot be withdrawn (but can be increased as stated above). Participants should not place bids without a firm intention and ability to pay the maximum bid they set, shipping fees, and other relevant costs.

(iv) Bids are non-transferable. 

(v) Any question as to whether a bid was successfully placed before the bidding period closes will be determined by us in our absolute discretion, acting reasonably.

(vi) Master of Malt will not place any bids on behalf of third parties.

8. The winning bid and winning bidder

(i) When the bidding period closes, the highest bid as recorded on the auction product page is the winning bid and the participant who placed the highest bid is the winning bidder.

(ii) If more than one product is made available in an auction, the number of winning bids and winning bidders will equal to the number of products auctioned. For example, if there are five products being made available in an auction, there will be five winning bids and five winning bidders.

(iii) Immediately after the bidding period closes, we will process the purchase of the product(s) by the winning bidder(s). All purchases of products from auctions are subject to our Consumer Terms of Business.

(iv) The winning bidder(s) will be notified by email that their bid has been successful and of the purchase price of the product.

(v) In circumstances where the processing of any winning bidder’s purchase of the product fails, we shall use reasonable endeavours to contact that winning bidder in order to seek to remedy the problem. Where we are unable to contact that winning bidder or unable to remedy the problem, we reserve the right to choose an alternative winning bid, which will be the second highest bid at the closing of the bidding. Any alternative winning bid selected in this manner will be deemed to be the winning bid, and the participant placing that bid to be the winning bidder. We will notify the alternative winning bidder by email that their bid has been successful and of the purchase price of the auctioned product. In circumstances where the processing of any alternative winning bidder’s purchase of the product fails, we shall have the right to choose further alternative winning bids and engage with further alternative winning bidders in the same manner and all provisions in these terms which apply to winning bidders will apply to these alternative winning bidders.

(vi) Each winning bidder gives us unconditional authority to deduct the purchase price of the product, shipping fees, and other relevant costs from the payment card used to pay the registration fee.

9. Purchase price of the product

(i) The purchase price shall be:

(a) for an auction of one single product: an amount equal to the second highest bid amount plus £0.01; or

(b) for an auction of more than one product: an amount equal to the bid amount placed by each winning bidder’s respective runner-up bidder plus £0.01. For the avoidance of doubt, in an auction for three bottles of the product, there will be three winning bids and three winning bidders. The winning bidder with the highest bid will pay the amount equal to the bid amount of the second highest bidder plus £0.01, the winning bidder with the second highest bid will pay the amount equal to the bid amount placed by their relevant runner-up bidder (i.e. the bidder with the third highest bid) plus £0.01, and the winning bidder with the third highest bid will pay the amount equal to the bid amount placed by the bidder with the fourth highest bid plus £0.01.

(ii) The purchase price is exclusive of shipping fees and any applicable costs as outlined in paragraph 10 below.

(iii) Any maximum bid set by any winning bidder in excess of the purchase price shall be disregarded for the purposes of the auction.

(iv) All bids are cash price bids and are denominated in pounds sterling. 

10. Shipping fees and other fees

(i) Shipping fees vary and are calculated based on shipping destination (including the United Kingdom) and preferred shipping option. 

(ii) Where the shipping destination is outside the United Kingdom, the shipment may be subject to import and customs duties and taxes, as well as administration charges imposed by foreign customs authorities or by carriers. We have no control over these additional charges and cannot predict their amount and it will be each winning bidder’s sole responsibility to pay these import and customs duties, taxes and charges. Participants who are in any doubt regarding the amount of such duties, taxes and charges (if any) should contact their local customs office for further information before placing a bid.

11. Obligation of the winning bidder to purchase the product

(i) The contract between a winning bidder and us for the purchase of the auction product comes into existence at the moment when the auction product page countdown clock reaches zero. At this point, the winning bidder is deemed to be the purchaser of the product and will be obliged to pay the purchase price of the product (plus shipping fees and other relevant costs).

(ii) The contract between a winning bidder identified in accordance with paragraph 8(v) and us for the purchase of the auction product comes into existence at the moment we notify that winning bidder that their bid has been successful. At this point, the winning bidder is deemed to be the purchaser of the product and will be obliged to pay the purchase price of the product (plus shipping fees and other relevant costs).

(iii) The right to purchase an auction product has no cash value and cannot be transferred.

12. General

(i) We reserve the right to hold void, suspend, cancel, or amend the auction in circumstances where we consider (in our absolute discretion, acting reasonably) that it becomes necessary to do so.

(ii) If there is any reason to believe that any participant is acting in breach of these terms, we may (in our absolute discretion, acting reasonably) exclude that participant from registering for and/or participating in the auction.

(iii) Participants agree that any personal information which is provided when registering for and participating in the auction will be held and used by us in order to administer the auctions and in accordance with our Privacy Policy (as amended from time to time). If you wish to exercise any of your statutory rights relating to your personal data we hold about you, please get in touch by filling out this form.

(iv) We will not be responsible for any delays or failure in completing the auction registration process, failed bids, internet issues, technical errors, bugs, or any other circumstances which result in a bid not being placed successfully. Emails and internet transmissions may contain viruses or other defects, may not be accurately replicated, may be delayed, or may be intercepted, deleted or interfered with. We shall not have any liability in connection with any failure in the internet or any delay or other failure affecting other telecommunications hardware or software. Further information regarding the availability of our website can be found in our website Terms of Use.

(v) By registering for and participating in the auction, participants agree to be bound by the terms set out on this page. These terms are governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with the auction will be governed by the laws of England and Wales. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if a participant is a resident of Northern Ireland they may bring proceedings in Northern Ireland instead, and if a participant is a resident of Scotland, they may bring proceedings in Scotland instead.

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