Terms and Conditions

1. Our Services

1.1 We provide auctioneering services on our Website whereby sellers may sell their whisky or other alcoholic goods (“Goods”) and a buyer may purchase such Goods by online auction. These will be sold and purchased in lots, with one lot referring to the Goods made available to purchase by auction at any one time.

1.2 The auctions take place on the Website, and whether you are a seller or a buyer, you will require to register with our Website.

2. Registration with themaltsocial.com.au.com

2.1 The cost of registration on the Website (“Registration”) is $10.00 (AUS) (which is inclusive of GST), and online payment is required at the time of Registration.

2.2 When registering we may ask you to provide some personal information such as your name, address, email address, date of birth and mobile number. If you are a seller, we may also ask you for your bank details to allow us to pay any sums due to you from auctioning your Goods. If you are a buyer, we may also ask you for your details to allow us to carry out an online credit check. All personal data held by us shall be held and processed in accordance with the Privacy Act, 1988. In accordance with those principles, and with the Company’s Privacy Policy, persons will be given access to their personal information upon request. This information may be disclosed to the Company’s associated or related entities, parties related to the Customer’s employment (e.g. referees and others as set out in the Privacy Policy) contractors.

2.3 Once you have registered you are expected to keep your information up to date in your account and are required to keep your account details and passwords strictly confidential and you must not permit any third party to use or access your account on your behalf. You will be liable for any and all bids made using your account.

3. Age Restriction

3.1 Please note that you must be over the age of 18 years old (or the legal age within your own country of residence) to register and sell and/or buy Goods via the Website.

3.2 We reserve the right to ask buyers and sellers for identification to prevent fraud, underage purchases and/or any other legal or legitimate purpose.

3.3 All deliveries must be signed for by a person of legal drinking age in your country of residence and we reserve the right to ask for ID from the person receiving the delivery.

4. Terms Relevant to Sellers

Transferring the Goods to Us for Auctioning

4.1 Once you have registered with us, please contact us at info@themaltsocial.com.au or by calling 0409 919 977 to discuss putting your Goods up for auction. You must deliver the Goods to us by a certain date which we shall communicate to you or in certain cases, we may arrange for a collection of the Goods. A pick-up charge shall be payable for our collection service. Please see www.themaltsocial.com.au for further information.

4.2 Where we have offered a collection service and provided transport, we do so on the basis that we will not be responsible for any damage or loss during transportation. The seller must ensure that they have insurance in place to cover any damage to, or loss of, Goods during transportation from the seller’s premises to our premises.

Authentication of Goods

4.3 Once we have your Goods in our possession, we will review the quality and the condition of the Goods and shall thereafter send you a confirmatory email confirming whether or not we agree to put your Goods up for auction. . For the avoidance of doubt, it is our decision whether to add your Goods to our auctions and in the event we do not wish to auction your Goods, then these will be returned to you at your cost or you may pick these up from our premises (in which case the terms of section 5.10 below shall apply) as if you were a buyer of the Goods. The seller must ensure that they have insurance in place to cover any damage to, or loss of, Goods during transportation from our premises to the seller’s premises and the Goods shall be at the Seller’s risk. Where we agree to put your Goods up for auction, we shall confirm the anticipated auction date as well as other relevant information. The contract between us is deemed to be concluded once we send you the confirmatory email.

4.4 We reserve the right to divide any lot, combine any two or more lots or where required, remove any lots from the auction.

4.5 Sellers shall ensure that all information submitted with the Goods they wish to sell is accurate and truthful. Notwithstanding the foregoing, The Malt Social reserves the right to prepare and word any listing as they deem appropriate. Any inaccurate information provided by the seller relating to the Goods may result in a buyer rejecting the Goods, in which case the seller agrees to be responsible for any costs associated with any rejection and shall pay such sums reasonably incurred by us in handling such rejection including costs incurred in the buyer returning the rejected Goods to us.

4.6 If there is any doubt as to the authenticity of an item, it will not be offered for auction. In the event of a dispute arising over the provenance or authenticity of any bottle, if it cannot be proved to be genuine; it will be returned to the seller. If we consider an item to be counterfeit or illegitimate to that described by the seller, The Malt Social reserves the right to reject and dispose of such an item. A reasonable charge will be made for the appropriate removal and destruction of any counterfeit or illegitimate items. In the event that a buyer raises a reasonable concern after receiving Goods that they are not genuine or are the subject of an ownership claim by a third party, we reserve the right to provide your name, address and contact details to either or both of the buyer and the relevant police authorities so that the issue may be resolved.

4.7 The Malt Social reserves the right to ban any seller from future use of the website and/or our services, where it is considered that the seller has attempted to sell non–authentic or stolen items.

Prohibited Bidding

4.8 Sellers are strictly forbidden to bid on their own Goods and/or have relatives or friends artificially increase the value of the Goods. This activity is prohibited and if discovered, this may result in us terminating your contract with immediate effect by serving you an email. Should we exercise our right to cancel our contract with you, we shall return your Goods to you at your cost (and the seller must ensure that they have insurance in place to cover any damage to, or loss of, Goods during transportation from our premises to the seller’s premises). Alternatively you may pick up the Goods from our premises. We also reserve the right to retain any monies paid to us for listing fees and charge you a further administration charge of $50 per lot.
When we hold your Goods in our Premises

4.9 Items which are provided to The Malt Social are stored in our facilities. The Malt Social accepts no responsibility, to the maximum extent allowed by law, for the safe storage or preservation of any items whilst in its temporary custody for the purposes of auction or shipping. Sellers should have appropriate insurance in place for storage of items.

Costs and Commission for Selling your Goods via Auction

4.10 – A $15 admin fee is payable at time of listing an item on auction. The $15 will only be charged if the bottle is accepted for Auction and Lot No is provided provided.

– A Seller Reserve Fee of $10 per bottle is payable at time of listing a bottle if they choose to have a reserve on the bottle. If the reserve is not met the bottle will be listed again at the next auction at no fee. All reserves will be approved by The Malt Social and deemed to be reasonable market value. We also reserve the right from setting a reserve if we believe the value is over inflated.

– On completion of the auction, our commission is set at 5% of the final purchase price

4.11 GST is applicable on all fees and surcharges, and will be charged in addition to the amounts above.

Payment to Sellers

4.12 We will not process your payments until the buyer has paid us all sums due in relation to the purchase of the Goods, has received their Goods and have not exercised their rights to cancel the purchase under section 6.4 and 6.5 of these terms, after which we shall remit monies due to you as soon as reasonably practicable. In most cases, payment would be remitted to you within thirty (7) days of the buyer receiving the Goods.

4.13 At the time of your Registration, we will ask you to confirm whether you are selling in the course of a business. If you confirm that you are selling in the course of a business, or we come to believe that you are doing so, then different rules may apply as to GST on the Goods you sell, and we reserve the right to request further information from you in this regard and also to apply different conditions to the proceeds of sale of your Goods in order to allow us to comply with the relevant rules we are subject to.

5. Terms Relevant to Buyers

5.1 Once you have successfully registered with the Website, you will be eligible to place a bid. More information on the process can be found at www.themaltsocial.com.au.

5.2 A full description of the Goods shall be given on the auction page on our Website. During an auction you can bid for a lot by clicking the ‘bid’ function. You acknowledge that you are bidding in a live auction and agree that, subject to section 6.4 of these terms, each bid submitted as provided in these terms and conditions are irrevocable and cannot be amended or corrected. Each bid shall be final and binding. You accept all liability for bids submitted via your account (including the liability to pay in full and on time in accordance with these terms and conditions).

5.3 The highest bid placed on any lot at the time the auction closes will be deemed as the winning bid. The buyer will receive a confirmatory email notification of any winning bid. You will accept all responsibility of bids placed via your account in accordance with these terms. The contract for your purchase of the Goods shall be deemed to be concluded once we send you the confirmatory email.

5.4 The Malt Social reserves the right to reject any Registration, reject any bid placed, alter reserves and to withdraw permissions for users on our Website, at its discretion (acting reasonably).

Costs and Commission due when purchasing Goods via Auction

5.5 – Our commission is 10% of the purchase price of the relevant Goods.

– A $15 admin fee is payable on winning items.

5.6 The successful bidder is obliged to pay to us the purchase price of the auctioned Goods plus our commission as set out in section 5.5 of these terms in full, within three (3) days from the day following receipt of our confirmatory email. Once payment is received, title of the Goods will pass to the buyer. If payment is not received in full within this time, we reserve the right to (i) cancel the sale and re-auction the relevant Goods or return the Goods to the seller; and/or (ii) ban the buyer from using our Website or services in the future.

5.7 Payment to us can be made by Bank Transfer, Debit Card; or Credit Card.

5.8 GST is applicable on commission and surcharges at the rate of 10%.

5.9 Monies that remain outstanding by the due date will incur late payment interest at the rate of 12% per annum on the outstanding balance until such time as the balance is paid in full and final settlement.

5. Delivery

a. The Buyer shall be responsible for providing correct delivery details and for making all necessary delivery arrangements.

b. The Malt Social Pty Ltd shall not be liable for any loss or damage, including consequential loss or damage, arising from delay in delivery or failure to deliver goods, either whole or in part, due to circumstances beyond its control.

c. The failure of The Malt Social to deliver shall not entitle either party to treat the contract as cancelled.

d. Should the Buyer leave it to The Malt Social to arrange carriage for delivery of goods, then all and any additional costs associated with that delivery shall be added to the Price and shall be due and payable in accordance with the Payment Terms.

e. The Malt Social’s obligation to deliver shall be discharged on arrival of the goods at the Buyer’s nominated delivery destination, nominated agent or carrier or the address appearing on the invoice.

f. The Malt Social Pty Ltd may make and invoice partial deliveries and each partial delivery shall be a separate sale pursuant to these General Terms.

g. Shipping costs are influenced by the size and weight of the product and your location. Exact shipping costs are calculated in the shopping cart and will be added to the order total before checkout. Orders are dispatched within (5) business days subject to payment received and Shipping times are estimated at between (2) and (10) business days depending on your location.

6. Cancellation Rights

A Seller’s right to cancel

6.1 Sellers have the right to cancel any lot provided for auction and receive a refund of all monies paid to us for listing or reservation fees, subject to notification being provided to us, within fourteen (14) days of the day after we send the seller a confirmatory email informing the seller we shall auction their Goods. Notwithstanding the foregoing, should the seller agree to the Goods being auctioned before the expiry of the fourteen (14) day cancellation period, the Seller acknowledges that he/she waives their right to cancel the contract without liability once the auction commences.

6.2 Should a seller wish to cancel any contract with us to auction Goods:

(a) following the expiry of the fourteen (14) day period referred to in section 6.1 yet before a bid has been placed, it is at our discretion as to whether to accept your wish to cancel the contract. Should we agree to cancel the contract, we reserve the right to charge a reasonable administration levy for the removal of the item;

(b) when an auction is underway and a bid has been placed on an item, it is at our discretion as to whether to accept your wish to cancel the contract. Should we agree to cancel the contract, we reserve the right to retain all listing fees paid to us plus a withdrawal fee of 5% of the current bid, (minimum of $50.00).

6.3 In the event: (i) a Seller cancels a contract to auction Goods; or (ii) a buyer cancels their contract to purchase the Goods, the Seller may either pick-up the Goods from our premises or request us to deliver them back to the Seller. The Seller shall be responsible for all costs incurred by us in returning Goods to the Seller and it is the Seller’s responsibility to ensure adequate insurance is in place to cover any loss or damage to Goods while in transit from our premises to their own premises.

A Buyer’s right to Cancel

6.4 Buyers have the right to cancel their purchase within fourteen (14) days from the day after the buyer receives or collects the Goods (or is deemed to have received the Goods in accordance with section 5.10 above). If the buyer chooses to collects the Goods and does not do so within 14 days of us notifying the buyer that the Goods are available for collection, then the buyer shall be deemed to have nominated us as its agents to receive the Good as set out in section 5.10 above, and the 14 day period for cancellation shall begin from us holding the Goods on behalf of the buyer in this way.

6.5 We act as agent for the various sellers in the sale of their Goods to the buyers. However, all of the Goods which are listed for sale in the auctions on our Website have been examined by us in relation to their condition and authenticity. In the event that you receive the Goods and believe that they do not conform to the description at auction or have doubts as to their provenance or authenticity, then please advise us as soon as possible, and we will assist you in attempting to confirm the description, authenticity or provenance of the Goods. In the event that this is communicated to us within fourteen (14) days from you receiving the Goods (or being deemed to have received the Goods in accordance with section 5.10 above), then we shall give you the option to cancel your purchase of the Goods and receive a full refund. In the event that you communicate a reasonable concern to us after this period has ended, then we reserve the right to deal with your concern by either (i) at our discretion offering you a refund of the price paid for the Goods (including our commission) upon their safe return to us, or (ii) disclosing to you the identity and contact details of the seller to allow you to further pursue any issues you may have with regards to the Goods. The terms of this section 6.5 do not affect the buyer’s statutory rights to cancel the contract for the purchase of the Goods which are covered by section 6.4.

6.6 If a buyer has received the Goods before he or she cancelled the contract then the buyer must send the Goods back to our contact address as stated above. You undertake to return the Goods to us at your own cost and risk and we cannot be held liable for any damage to the Goods incurred during transit. It is the buyer’s responsibility to ensure adequate insurance is in place to cover any loss or damage to Goods while in transit from their own premises to our own premises. If a buyer has received the Goods before he or she cancelled the contract then the buyer must send the Goods back to our contact address as stated above. You undertake to return the Goods to us at your own cost and risk and we cannot be held liable for any damage to the Goods incurred during transit. It is the buyer’s responsibility to ensure adequate insurance is in place to cover any loss or damage to Goods while in transit from their own premises to our own premises.

6.7 Where you are due to receive a refund, once we have received the return of the Goods from you and are satisfied the Goods have not been damaged by you or during the time you had possession of the Goods, the price of the Goods and any associated standard delivery charges will be re-credited to your nominated account as soon as possible and no later than fourteen (14) days from the day we received the Goods back from you. If the Goods have been damaged, we reserve the right to retain some or all of monies paid to us. Where you are due to receive a refund, once we have received the return of the Goods from you and are satisfied the Goods have not been damaged by you or during the time you had possession of the Goods, the price of the Goods and any associated standard delivery charges will be re-credited to your nominated account as soon as possible and no later than fourteen (14) days from the day we received the Goods back from you. If the Goods have been damaged, we reserve the right to retain some or all of monies paid to us.

7. Cancellation Contact Details

If you wish to cancel a purchase of Goods in accordance with section 6.4 or section 6.5, please contact us at info@themaltsocial.com.au Cancellations can be made via our Cancellation Form and emailed to info@themaltsocial.com.au. We will send you a confirmation email confirming we have received and, if appropriate, executed your request. If you wish to cancel a purchase of Goods in accordance with section 6.4 or section 6.5, please contact us at info@themaltsocial.com.au as soon as possible. Cancellations can be made via our Cancellation Form and sent via email info@themaltsocial.com.au. We will send you a confirmation email confirming we have received and, if appropriate, executed your request.

8. Our Rights to Cancel or Terminate the contract

8.1 We reserve the right to terminate a contract to sell and/or purchase Goods via our Website in the event of a material breach of these terms, our Terms of Use, our Privacy Policy and/or our Cookie policy. For the avoidance of doubt, a material breach of these terms shall include (i) failure to deliver the Goods to us in time for the auction, (ii) a buyer failing to making payment of sums due to us (either for all or part of a lot), and (iii) a buyer or seller becoming subject to administration, liquidation or any form of bankruptcy proceedings.

8.2 Where we terminate a contract with a seller or a buyer, we reserve the right to ban such parties from using our Website or our services again.

9. Liability

Limitation of Liability

The liability of the Company to the Customer for any reason related to the performance of goods under this agreement shall be limited to the replacement of the goods or the amount paid or payable by the Customer in respect of the particular goods.

(d) Items purchased from The Malt Social are sealed were possible, the contents of these containers are incidental and bought at the buyers risk. The Malt Social maintains no responsibility for the condition of the liquid as many items are aged and of an ‘antique’ nature.

10. Safeguarding the Integrity of Our Auctions

Although an online auction is not treated in the same way as a public auction where all of the bidders and the goods being bid on are present, we aim to maintain the integrity of our auctions so that they are as close to a public auction experience as possible. We reserve the right to take the following actions in pursuit of that aim:

As regards buyers

We reserve the right to cancel the Registration of any person and prohibit such person from buying Goods through our Website for any reason, but some of the possible reasons are:

• if a person seeks to withdraw from the purchase of Goods where that person has been the highest bidder at the close of the auction;
• if we believe that person is acting as a proxy or nominee for an undisclosed third party

As regards sellers

• We reserve the right to refuse to allow any person to offer Goods through our Website for any reason, but including if we believe that person is selling such Goods in the course of a business and not disclosing this to us;
• Where there are potentially serious issues arising from the provenance or authenticity of any Goods, or we believe (acting reasonably) that such Goods may be stolen property, we reserve the right to retain the Goods until we have confirmation from either the authorities or any party claiming ownership that we are free to return them to you.

11. Force Majeure

Neither party shall be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.

12. Waiver

Our failure to enforce any of the provisions set out herein, or failure to exercise any option to terminate, shall not be construed as waiver of any such provision and shall not affect the validity of these terms and conditions or of any part thereof, or the right thereafter to enforce each and every provision.

13. Severance

In the event that any of these terms and conditions are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from these terms and the remaining terms shall continue to apply.

14. Notification of Changes

14.1 The Malt Social reserves the right to change these terms with immediate effect from time to time as it sees fit and your continued use of the Website will signify your acceptance of any adjustment to these terms. If there are any changes to our policies, we will announce that these changes have been made on our home page and on other key pages on our Website. If there are any changes in how we use our Website customers’ personally identifiable information, notification by email or postal mail will be made to those affected by this change.

14.2 Notwithstanding the above, your statutory consumer rights are unaffected by this section.

15. Governing Law

15.1 This agreement shall be construed in accordance with laws of the State of Victoria and, where applicable, The Commonwealth of Australia and the Customer submits to the non-exclusive jurisdiction of the courts of Victoria.

15.2 The Company shall have exclusive right to nominate the Court in which any legal action is to be commenced and conducted.