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 this auction. 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 any 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 on the Master of Malt account involves allowing us to process a transaction of £0.01 (the registration fee) on your payment card which is linked to the Master of Malt account. This is to ensure we have the payment details required to process the winning bidders’ purchase of the products without the need to contact those winning bidders again.
(iii) As part of auction registration, you will be asked to input delivery address and preferred delivery option as well; these details will be used for processing your purchase of 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 auctions 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 already have an auctions registered account to reinitiate or complete registration again as we deem necessary whilst acting reasonably (such as, but not limited to, in circumstances where your linked payment card has expired, your Master of Malt account had been inactive for some time, or your information on your Master of Malt account is incomplete) and individuals must complete the auction registration process prior to being eligible to participate auctions on the website.
(v) We further 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 will use reasonable endeavours to notify you of any changes to the registration process where we consider it may affect you.
(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, all bids are and each auction is for buying one bottle of alcoholic beverage.
(ii) If we have more than one bottle of the same product that we wish to make available for auction, we may either run several concurrent auctions at the same time where each auction is for one bottle of the product or we may 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 the timeframe of which participants will be able to place a bid for the product. When the auction begins and bidding period opens, the auction product page with a countdown clock showing the bidding period will be made available to participants. When the countdown clock reaches zero, the bidding period is closed and no further bids will be accepted. Participants are strongly advised to place bids as early as possible, and not wait until the countdown is close to zero.
(ii) In order to begin bidding, each participant will place a maximum bid, which represents the maximum amount a participant is prepared to pay for the product in the auction (excluding shipping fees and other relevant costs). You set the maximum bid by following on screen instructions shown on the auction product page, 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 and outbid by another bidder.
(iv) Throughout the bidding period, the website system will automatically manage bids based on maximum bids set by participants. For as long as your maximum bid has not been met within the bidding period, the system automatically attempts to outbid the highest bid amount by adding £0.01 to the highest bid amount of all participants at any given time. When your maximum bid is met within the bidding period, 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 the time.
(vi) The auction product page will display participants’ first name and the first letter of a participant’s surname (unless you choose to bid anonymously), the current winning bid, other current bids, and all bid amounts. The maximum amount bid set by the winning bidder from time to time 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 of the product should be. Whenever we set a reserve price, we shall use reasonable endeavours to communicate this to each participant so you are aware before placing a bid. 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 fees and other relevant costs if shipping outside of the United Kingdom, 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. Participants should not place bids without a firm intention and ability to pay the maximum bid they set, shipping fees, and other relevant costs (such as, if shipping outside of the United Kingdom).
(iv) Bids are strictly 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 bottle of the product is made available in an auction, the number of winning bids and winning bidders will equal to the number of bottles auctioned. For example, if there are five bottles 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 by the winning bidder. All purchases of products from auctions are subject to our Consumer Terms of Business.
(iv) The winning bidder 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 decided in this manner will be deemed to be the winning bid hereunder and the participant placing such winning 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 Auction Terms and Conditions which apply to winning bidders will apply to these alternatively chosen winning bidders.
(vi) The 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.
(vii) If you did not choose to bid anonymously, winning bidders agree 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.
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 placed by the runner-up bidder plus £0.01; or
(b) for an auction of more than one bottle of the product: an amount equal to the bid amount placed by each winning bidder’s respective runner-up bidder plus £0.01. For example, in an auction for three bottles of the product, there will be three winning bids and three winning bidders. The top winning bidder with the highest bid will pay the purchase price that is an amount equal to the bid amount of the second winning bidder plus £0.01, the second winning bidder with the second highest bid will pay the purchase price that is an amount equal to the bid amount placed by their relevant runner-up bidder (i.e. the third winning bidder with the third highest bid) plus £0.01, then the third winning bidder will pay the purchase price that is an amount equal to the bid amount placed by the fourth winning bidder with the fourth highest bid (i.e. the runner-up bidder relevant to them) plus £0.01.
(ii) The purchase price is exclusive of shipping fees and any applicable costs if shipping outside of the United Kingdom as outlined in paragraph 10 below.
(iii) Any maximum bid set by any winning bidder in excess of the purchase price or the runner-up bid amount 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 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 we cannot predict their amount and it will be each winning bidder’s sole responsibility for payment of 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 Master of Malt for the purchase and sale (respectively) of the product which is the subject of a winning bid comes into existence at the moment when the auction product page countdown clock reaches zero and the relevant winning bid is established by the system. At which 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.
(ii) With regards to alternative winning bidders chosen after the moment when the product page countdown clock reaches zero because there were irremediable issues with the original winning bidder, the contract between these winning bidders and Master of Malt for the purchase and sale (respectively) of the product which is the subject of a winning bid comes into existence at the moment when we notify these winning bidders that their bid has been successful. At which 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.
(iii) All winning bidders shall not have the right to transfer their right to purchase the relevant product to anybody else and the right to purchase has no cash value.
12. Donation to charity
(i) Unless otherwise stated in the relevant auction product page, our sponsored charity is Malaria No More UK, which is charitable organisation registered in England and Wales with the Charity Commission having the registration number 1126222 and donations by us will be made to Malaria No More UK Trading Limited, which in turn donates all of its taxable profits to Malaria No More UK.
(ii) The following amounts (net of all 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, purchase price, or the payment of the relevant amount to Malaria No More UK Trading Limited (or another charity as stated), including payment processing fees) made from a charity auction held on the website will be donated by us:
(a) all registration fees received by us; and
(b) the difference between the retail price (such retail price of a single bottle of product to be determined by us using relevant information available, such as but not limited to the recommended retail price of the product) and the purchase price in respect of the product; or
(c) such other amount as stated in the relevant auction product page as the case may be.
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 individual is acting in breach of these terms and conditions, we may (in our absolute discretion, acting reasonably) exclude that individual 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). In general, if you wish to exercise any of your statutory rights relating to 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 in order to be eligible for participating in auctions on the website, 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 these terms and conditions set out on this page. These terms and conditions 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 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.
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