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Charity Auction Terms of Business

Summary of your key legal rights
The Consumer Rights Act 2015 requires that any Product which you order from us must be as described, that it must be fit for purpose and that it must be of satisfactory quality. During the expected life of a Product which you order your legal rights entitle you to the following:

  • up to 30 days: if your Product is faulty, then you can get a refund if you return the Product to us;
  • up to six months: if your Product is faulty and cannot be replaced, then you’re entitled to a full refund in most cases if you return the Product to us; and
  • up to six years: if the Product can be expected to last up to six years but develops a fault before then, you may be entitled to a replacement if you return the Product to us or, in circumstances where that is not available, some of your money back.

This is a basic summary of your key legal rights. These rights are subject to certain exceptions. For detailed, independent advice about your legal rights (in the United Kingdom) please refer to the Citizens Advice website: adviceguide.org.uk.

 

  1. Auction participants must be 18 years old or older (and of legal age to purchase alcohol in their country of residence) in order to participate in the auction.
  2. Participants in the auction are bidding to buy a bottle of the product which is the subject of the auction (the Product).
  3. Auction participants need to register in order to participate in the auctions which we operate. Registering for those auctions will require that we process a transaction of £0.01 (the Registration Fee) on each participant’s debit or credit card. Participants need only pay a single Registration Fee in order to participate in all of the auctions which we operate. Processing the Registration Fee will ensure that we have the payment details which we will need in order to process the winning bidders’ orders for the Product without the need to contact those bidders again. Only once the Registration Fee has been processed will an individual have been registered to participate in the auctions which we operate. The Registration Fee can be paid as part of a larger order for products available for sale on www.masterofmalt.com.
  4. Upon registering for the auction, participants will be asked to provide their postage details and to select their preferred postage option for the carriage of the Product to them in the event that they are a winning bidder.
  5. Participants will be asked to provide the first name and the first letter of their surname for display on the Product auction page, but need not provide those details if they wish to bid anonymously.
  6. By paying the Registration Fee and by placing a bid, an auction participant gives unconditional authority to us to deduct the winning bid amount (as calculated in accordance with paragraphs 10 and 15 below), in addition to the other costs referred to in paragraph 18 below, from the debit or credit card used to pay the Registration Fee.
  7. All Registration Fees received by us will be donated (net of all taxes (including applicable VAT) which we are required to pay, and net of all third party transaction costs which we incur in connection with the receipt of the Registration Fees or the payment of the relevant amount to Malaria No More UK Trading Limited, including payment processing fees) to Malaria No More UK Trading Limited. Malaria No More UK Trading Limited donates all of its taxable profits to Malaria No More UK, our sponsored charity. Malaria No More UK is registered in England and Wales with the Charity Commission (having the registration number 1126222).
  8. All bids are to buy a single bottle of the Product. All bids are cash price bids and are denominated in pounds Sterling. In the event that bids of the same amount are placed, priority will be given to the relevant bidders in the order in which those bids were placed (with top priority given to the earliest relevant bidder).
  9. After the auction has started, registered auction participants shall be able to place bids by clicking the Place Bid button. By paying the Registration Fee and placing a bid, registered auction participants:

    1. make an unconditional contractual offer to buy the Product at the price bid (or such lower price as is calculated in accordance with paragraphs 10 and 15 below) and to pay the other costs referred to in paragraph 18 below, on and subject to our Consumer Terms of Business; and
    2. give us unconditional authority to deduct the price bid (or such lower price as is calculated in accordance with paragraphs 10 and 15 below) and the other costs referred to in paragraph 18 below from the debit or credit card used to pay the Registration Fee.
  10. Each bids placed represents a maximum or “best offer” bid. The Product page will display the current winning bid as well as the number of the next most valuable bids which is determined in accordance with paragraph 13 below. Visitors to the page may need to scroll in order to see all highest bids. The current winning bid will be calculated from time to time by adding the minimum bid increment (of £0.01) to the second highest bid, up to and including the maximum amount bid by the then winning bidder. The maximum amount bid by the winning bidder from time to time will not be displayed on the Product page (but may be shared by us with the winning bidder from time to time, so that the winning bidder can form a view whether he or she may be outbid). Master of Malt shall not place bids on behalf of any third party. There is no “buy it now” or similar auction-ending option available in respect of the Product.
  11. Registered auction participants may register to participate in each auction only 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.
  12. The Product page will display a countdown until the end of the auction. The auction shall be complete when the countdown reaches zero. Registered auction participants can place a bid at any point before the countdown reaches zero. After the completion of the auction, no participant shall be able to place any further bid. Any question as to whether a bid was successfully placed before completion of the auction will be determined by us (in our absolute discretion, acting reasonably). Registered auction participants are strongly advised to place bids as soon as possible, and not to wait until the countdown on the Product page is close to zero.
  13. The number of auction winners will equal the number of bottles of the Product which we have made available to winners of the auction. This may only be a single bottle. The Product page will display the first name and the first letter of the surname provided by each bidder (if provided).
  14. Immediately after the completion of the auction, we shall process the order(s) for the Product placed by the highest bidder whose bid is recorded on the Product page (or such number of the highest bidders as is equal to the number of bottles of the Product which we have made available to winners of the auction) (the Winning Bidder, and Winning Bidders shall be construed accordingly) without any further recourse to the Winning Bidder(s). Save as set out below, those orders shall be placed on and subject to our Consumer Terms of Business. In the event of any conflict or disagreement between the terms of business set out on this page and our Consumer Terms of Business, the terms of business set out on this page shall take priority.
  15. The Winning Bidder(s) shall (each) pay an amount equal to the bid placed by the Winning Bidder with the lowest winning bid for the Product (the Lowest Winning Bid), plus carriage (and any applicable customs fees and charges). Any amount bid by any of the Winning Bidders in excess of the Lowest Winning Bid shall be disregarded for the purposes of the auction. The winning Bidders will be notified that their bid has been successful and of the amount of the Lowest Winning Bid by email to the email address which they have provided to us.
  16. In circumstances where the processing of any Winning Bidder’s order fails, we shall contact that Winning Bidder in order to seek to remedy the problem. Where we are unable to contact that Winning Bidder (having used reasonable endeavours), or where we are able to contact that Winning Bidder but are unable to remedy the problem (having used reasonable endeavours), we reserve the right to contact the bidder with the highest non-winning bid (the Selected High Bidder) and, subject to the Selected High Bidder’s agreement, to process the Selected High Bidder’s order for the Product at an amount equal to the Lowest Winning Bid, plus carriage and any applicable customs fees and charges. In the event that the processing of the Selected High Bidder’s order should fail or the Selected Winning Bidder elect not to complete his order for the Product, we shall have the right to contact any other non-winning bidder and the provisions of this paragraph shall apply to that other bidder with the necessary changes.
  17. The difference between the retail price and the Lowest Winning Bid in respect of each Product which is the subject of the auction shall be aggregated and paid by us (net of all taxes, including applicable VAT, which we are required to pay on the amount of the Lowest Winning Bid, and net of all third party transaction costs which we incur in connection with the receipt of the Lowest Winning Bid or the payment of the relevant amount to Malaria No More UK Trading Limited, including payment processing fees) to Malaria No More UK Trading Limited. Malaria No More UK Trading Limited donates all of its taxable profits to Malaria No More UK, our sponsored charity. Malaria No More UK is registered in England and Wales with the Charity Commission (having the registration number 1126222). We shall determine the retail price of a single bottle of the Product, acting reasonably, by recourse to relevant information (including, but not limited to, the RRP of the Product).
  18. The carriage fees payable by the Winning Bidder(s) (and/or, if applicable, the Selected High Bidder or any other bidder selected in accordance with paragraph 16 above) shall be calculated by reference to their chosen shipping destination and their preferred shipping option. In circumstances where the chosen shipping destination is outside Great Britain, a Winning Bidder’s order may be subject to import and customs duties and taxes. There may also be administration charges imposed by foreign customs authorities or by our delivery agents. Please note that we have no control over these charges and we cannot predict their amount. The relevant Winning Bidder will be responsible for payment of these import and customs duties, taxes and charges. Registered auction 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.
  19. If, having placed a bid, a registered auction participant wishes to revoke their bid, that auction participant should contact us urgently before the completion of the auction. After the completion of the auction, no bidder shall be able to withdraw any bid. Any question as to whether a bidder has been able to withdrawn a bid before the completion of the auction will be determined by us (in our absolute discretion, acting reasonably). Bidders should not place bids without a firm intention to pay the amount bid (or such lower price as is calculated in accordance with paragraphs 10 and 15 above) and the other costs referred to in paragraph 18 above.
  20. In circumstances where there is a linked lottery for any Product, the number of Products available to winners of the lottery (on the one hand) and to the highest bidders in the auction (on the other) will be determined by us before the lottery and the auction commence. The lottery will be run before any linked auction. If we operate a lottery for drams and a lottery for bottles of the relevant product, the lottery for drams will be run before the lottery for bottles of the relevant product. Each Product is the subject of a separate contract for sale.
  21. By placing a bid, bidders agree that, if their bid is successful, we can use an abbreviated form of their name when announcing the winners of the auction and for other reasonable and related promotional purposes (nothing sinister, and we won’t sell details to anybody else – we promise).
  22. Bids are non-transferable. Winning Bidders (and, if applicable, the Selected High Bidder or any other bidder selected in accordance with paragraph 16 above) shall not have the right to transfer their right to purchase the relevant product at the Lowest Winning Bid to anybody else. That right has no cash value.
  23. 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.
  24. If there is any reason to believe that any registered auction participant is acting in breach of these terms of business, we may (in our absolute discretion, acting reasonably) exclude that person from participating in the auction.
  25. Registered auction participants agree that any personal information which they provide when entering the auction may be held and used by us in order to administer the auctions and lotteries which we operate. Without limitation, this means that we may use your personal information in order to contact you to inform you about the outcome of the auction (as well as the outcome of any lotteries which we operate in respect of the Product or drams of that same product) and to let you know about other lotteries and auctions which we think may be of interest to you. If you do not want us to use your personal information in this way, please contact us.
  26. Emails 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.
  27. By registering to participate in the auction, participators agree to be bound by the terms of business set out on this page. These terms are governed by English law. This means that any dispute or claim arising out of or in connection with the auction will be governed by English law. Any person registering to participate in the auction agrees that the courts of England and Wales will have non-exclusive jurisdiction. However, if that person is a resident of Northern Ireland they may also bring proceedings in Northern Ireland, and if that person is a resident of Scotland, they may also bring proceedings in Scotland.

 

Promoter: Atom Supplies Limited trading as Master of Malt, Unit 1, Ton Business Park, 2-8 Morley Road, Tonbridge, Kent, TN9 1RA

 

Copyright in these terms belongs exclusively to ATOM Supplies Limited.

All rights (including moral rights) are asserted and reserved.