TERMS AND CONDITIONS OF WHISKYBAY.com

TERMS&CONDITIONS
SHORT RULES

PURPOSE OF SITE:

WHISKYBAY.COM is an online trading site for the sole purpose of providing a venue for third parties who register with WHISKYBAY.COM to buy and sell items to one another. WHISKYBAY.COM does NOT make, use or sell the items listed on its site and disclaims any and all liability for infringement of patents, trademarks, copyrights or other intellectual property rights related to such items. The owner of any such intellectual property right should raise any issue of alleged infringement of such right with the seller. Any infringement of any intellectual property right should be pursued by the holder of such right against the seller. WHISKYBAY.COM is NOT responsible for the content that is placed on the site. WHISKYBAY.COM is NOT an auctioneer. WHISKYBAY.COM provides an on-line program to allow registered buyers and sellers to conduct business and WHISKYBAY in no manner or form profits from the sales of products or services except for the listing, special features such as Homepage pictures and final values fees.

WHISKYBAY.

This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.whiskybay.com.

This t&c apply also to the following domains:

www.whiskebay.com
www.whiskycollector.com
www.whiskybay.de
www.whiskybay.nl
www.whiskybay.com

You as a seller or/and buyer and in that
way a member of whiskybay.com must agree
on the following terms & conditions.

- it is prohibited to sell or buy if you are
not allowed in your country because of age. Whiskybay is not responsible in anyway if you are not allowed to sell.

- bidding is contract based, i.o.w. if you make a bid, you are aware of the fact that you sign for that bid.

- rules apply for retracting a bid.
at the moment bids can only be retracted by
contact the admin. use the Contact us.
-Whiskybay(r) is in no way responsible for
the goods that are sold. If they are stolen
or not allowed in your country or in the bidders country, then both the seller and the buyer are responsible for whatever measures customs or other parties involved will take.

- uploaded pictures by seller must be represantive for item on auction.
- the mentioned amount of liquid must be in the bottle.

PAYEMENT

- most sellers prefer Paypal.
- always check if someone has paypal or uses
another way of receiving money.
- DON\\\\\\\'T bid if you\\\\\\\'re not sure what payment options you have.

PROBLEMS

- if you as a seller or buyer are not payed, have a argument or another misunderstanding with the other person (buyer or seller), whiskybay is not responsible. We only act as a place to meet.
BUT, we will do everything in our power to
come to a good solution. LOOK AT SECTION 3 !

 

TERMS AND CONDITIONS ALL RULES.

1. Eligibility:

WHISKYBAY.COM may be used only by persons competent to form legally binding contracts under applicable law. This site may not be used by minors or persons who have not read, agreed with and accepted all of the terms and conditions on this page.

2. Fees:

Registering and bidding for items on WHISKYBAY.COM is free of charge. WHISKYBAY charges fees for listing items for sale on this site. WHISKYBAY may periodically change the fees it charges sellers, but has the intention not to do so. Sellers are responsible for paying all fees for using this site and all applicable taxes.

3. SELLERS:

It is the responsibility of the seller to properly list an auction item, and to describe the item being offered for sale in a proper manner. Any illegal or fraudulently described items reported to WHISKYBAY.COM will be removed and the seller will be warned the first offense, suspended the second offense and removed permanently for the third offense. The seller must allow 10 days for payment at the end of the auction and if the item remains unpaid, the seller can take steps to contact WHISKYBAY.COM for disposition of the unpaid auction item. WHISKYBAY.COM will make an attempt to contact the buyer and try to resolve the unpaid issue. The seller MUST contact WHISKYBAY.COM before any negative feedback is given for resolution of the unpaid auction. If WHISKYBAY.COM is not successful in resolving the issue, the seller will be allowed to leave a negative feedback and the buyer will be warned the first time, suspended for 30 days the second time and removed from using WHISKYBAY.COM the third time for 6 months.

4. BUYERS:

Buyers using WHISKYBAY.COM must have their winning auctions paid within 10 days of auction end. Unpaid auctions after 10 days will be considered a violation of WHISKYBAY.COM rules and WHISKYBAY.COM will make every attempt to resolve the issue. If the buyer has good reason for NOT paying, this will be reviewed by the WHISKYBAY.COM control center and a disposition will be considered. Lack of a good reason will result in suspension of the buyer from using the site. It is up to the buyer to make sure their winning auctions are paid within the 10 day time frame of end of the auction. It is the seller however who has to invoice the buyer !

5. VERIFICATION OF IDENTITY:

WHISKYBAY.COM cannot verify and confirm each user’s purported identity. WHISKYBAY.COM encourages all users to communicate directly with potential trading partners. Users may also wish to use third party escrow services to provide additional user verification.

6. INFORMATION CONTROL:

WHISKYBAY.COM does NOT control or verify the information provided by sellers, buyers and other third party users on the site. All buyers, sellers and other users of the site are hereby advised that information appearing on the site not under the control of WHISKYBAY.COM may be inaccurate, deceptive, fraudulent, offensive or otherwise harmful. All buyers, sellers and other users of the site hereby agree to accept any and all risks associated with such information. WHISKYBAY.COM explicitly disclaims any and all responsibility for the acts or omissions of any and all sellers, buyers and other users of the site.

7. RELEASE:

All buyers, sellers and other users hereby release WHISKYBAY.COM, its officers, directors, agents, subsidiaries, joint ventures, representatives and employees from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or in any way connected with any dispute such persons have with any other third party user of the site. If the user is a California resident, such person hereby waives California civil code section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Buyers agree to be bound by the conditions of sale included in the seller’s description, provided that such conditions comply with the terms and conditions herein and are not unlawful.

8. LISTING ITEMS:

Sellers must be legally entitled to sell the items listed for sale on the site. Sellers must truthfully describe such items and all terms of sale on the listing page of the site. Such listings may include text descriptions, graphics, pictures and content to the sale of such items.

9. RESTRICTED ACTIVITIES:

Information and sales activities on the site shall not:

(a) Be false, inaccurate or misleading;

(b) Be fraudulent or involve the sale of counterfeit or stolen items;

(c) Infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property or other proprietary rights or rights of publicity or privacy;

(d) Violate any law, statute, ordinance or regulation;

(e) Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

(f) Be obscene, pornographic or otherwise harmful to minors;

(g) Contain any computer viruses or other material detrimental to any computer system of any user; and

(h) Create any liability or claim against WHISKYBAY.COM for any violation of civil or criminal law.

Any seller or other user engaging in any restricted activity shall indemnify WHISKYBAY.COM and hold WHISKYBAY.COM harmless against all claims, liabilities, costs, fees and damage (including legal fees) that WHISKYBAY.COM suffers as a result of such activity.

10. COPYRIGHTED MATERIAL ON WEBSITE:

This website contains copyrighted material owned by WHISKYBAY.COM and other users of the site. All users agree not to reproduce, modify, sell or distribute such material without express written authorization of the copyright owner.


11. WHISKYBAY.COM’S ROLE, WARANTIES AND LIABILITIES:

(a) WHISKYBAY.COM is not a “traditional” auctioneer. Rather, WHISKYBAY.COM is a venue that allows third parties to offer, sell and purchase goods and services (referred to herein as “items”) at any time, from anywhere and in a variety of pricing formats. WHISKYBAY.COM is not involved in the actual transaction between buyers and sellers. WHISKYBAY.COM has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. WHISKYBAY.COM cannot insure or guarantee that a buyer or seller will actually complete a transaction. Accordingly, WHISKYBAY.COM does not transfer legal ownership of items from the seller to the buyer.

(b) WHISKYBAY.COM, its subsidiaries, officers, directors, employees and suppliers provide the WHISKYBAY.COM website “as is” and without any warranty or condition, express, implied or statutory. WHISKYBAY.COM, its subsidiaries, officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to particular users. This warranty provides users with specific legal rights and such users may also have other legal rights that vary from state to state.

(c) In no event shall WHISKYBAY.COM, its subsidiaries, officers, directors, employees and suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with its site, its services or this agreement (however arising, including negligence).


12. INDEMNIFICATION:

User agrees to indemnify and hold WHISKYBAY.COM, its subsidiaries, officers, directors, employees and suppliers harmless in connection with any claim, liability or damage caused by any action or statement of user.

The user shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the user’s use of WHISKYBAY.COM’s service and/or the user’s bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

The user and WHISKYBAY.COM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.

13. MISUSE:

Any misuse of WHISKYBAY.COM will result in a permanent suspension of use of the auction site. Any pornographic or vulgar text will not be tolerated. Misrepresented auction items and/or any fraudulent statements, will be considered misuse of WHISKYBAY.COM and the responsible person or party will be suspended. Providing false information to any person, including WHISKYBAY.COM, will be considered grounds for suspension.


14. INTELLECTUAL PROPERTY:

Intellectual property (e.g. patent, trademark, copyright, trade secret) issues shall be exclusively determined between the person selling the product listed on WHISKYBAY.COM and the holder of such property. WHISKYBAY.COM shall NOT be held liable for acts of others. It is the responsibility of the holder of any intellectual property right to contact and seek redress exclusively from the seller, buyer or other third party user allegedly violating such rights. Notwithstanding the foregoing, any third party user accused of violating another party’s intellectual property rights on the site, shall defend, indemnify and hold harmless WHISKYBAY.COM from any claim, liability or damage relating to such alleged violation.

15. REGISTRATION:

Sellers using WHISKYBAY.COM must be registered before selling or listing their product or services. Unregistered sellers will NOT be allowed to list their products on WHISKYBAY.COM.

Buyers MUST be registered with WHISKYBAY.COM before bidding on any auctions. The registration process is to maintain control of people who use the site for business.

16. AUCTIONS:

Auctions listed on WHISKYBAY.COM must be listed in a manner that represents the article or service being offered. Substitute items must be noted in the auction that can be seen in the text format. Sellers selling more than one item MUST indicate what the buyer is getting in the auction. Sellers cannot indicate more than one item when in fact only (1) item is being offered. Sellers must state exactly the nature of the auction in description and quantity of the offered item. Sellers may indicate how many are available for sale. Pictures should represent the item or service in a clear and concise manner. WHISKYBAY.COM allows the first picture free to show the item. Extra pictures purchased should show more detail of the product or detail of the auction offering.


17. BREACH:

Without limiting other remedies, WHISKYBAY.COM may limit the user’s activity, immediately remove the user’s bids or item listings, warn its community of the user’s actions, issue a warning, temporarily suspend, indefinitely suspend or terminate the user’s registration and refuse to provide its services to the user if: (a) the user breaches this Agreement or the documents it incorporates by reference; (b) WHISKYBAY.COM is unable to verify or authenticate any information the user provides to WHISKYBAY.COM; or (c) WHISKYBAY.COM believe that the user’s actions may cause financial loss or legal liability for the user, WHISKYBAY.COM’s users or WHISKYBAY.COM.

18. MISCELLANEOUS:

 WHISKYBAY.COM does not guarantee continuous, uninterrupted or secure access to its services and operation of the site may be interfered with my numerous factors outside of WHISKYBAY.COM’s control. If any provision of this Agreement is determined of competent jurisdiction to be invalid, the remaining terms and conditions shall be effective and enforceable. If a user’s right to continue using WHISKYBAY.COM is terminated, the remaining terms, conditions and obligations set forth in this Agreement shall remain effective and survive such termination.