TERMS & CONDITIONS
‘Brooks and Whitaker Limited’ trading as ‘Vintage Acquisitions’
Company Number: 07761569
VAT Number: 127464313
WOWGR Number: 127.4643.13/0001
Company Address: Whisky House, Unit 3, 2 Newhams Row, London, SE1 3UZ
Telephone Number: +44(0)208 057 2001
1. Purchasing through Vintage Acquisitions: Legal disclaimers:
1.2 Potential buyers should be aware that cask whisky purchase is not authorised or regulated by the FCA (Financial Conduct Authority) Whisky is not an asset under the scope of section 21 of the Financial Services and Markets Act 2000 nor is it subject to the Financial Promotion order. The information we provide relates solely to the buying and selling of whisky casks and does not constitute ‘advice’ subject to regulation under the FCA (Financial Conduct Authority).
1.3 The purchase of whisky casks is not suitable for everyone. A cask purchase should be properly assessed, and professional advice sought as to the suitability to the buyer based on their financial circumstances and objectives.
1.4 This website and other branded marketing materials should not be regarded as an offer of solicitation to conduct regulated finance business.
1.5 The buying and selling of cask whisky falls under regulation by HMRC.
1.6 No one under the age of 18 years is permitted to purchase alcohol. We will confirm the age of all applicants prior to purchase.
1.7 Cask whisky is a tangible product (alcoholic beverage) and is therefore governed by English Law:
Sales of Goods Act 1994
Consumer Protection Act 1987
Fraud Act 2006
Theft Act 1968
2. Important information about your potential purchase:
2.1 Whisky cask purchasing is a medium to long term purchase. This means that purchasing should be made for a minimum initial term of 5-10 years.
2.2 Purchasing is whisky casks should be considered a ‘high risk’ purchase and therefore present the risk of a loss of capital. Whisky returns fluctuate and are dependent on market conditions and Tax laws at the time of sale.
2.3 Past performance is not an indicator of future performance.
2.4 You should not purchase in any asset or product unless you understand the nature of the contract you are entering into and the extent of your exposure to risk. You should also be satisfied that any product or service is suitable for you in light of your financial position and purchasing objectives. We recommend that you seek appropriate independent, legal and tax advice in advance of making any decisions.
2.5 Please note that when you decide to sell your cask(s) after at least 5 years Vintage Acquisitions will charge 5.5% – 10% of realised profits. Should you exit within the 5 year minimum term inclusive of any Delivery Order (DO), you will be subject to a 10% charge of the total sale value.
2.6 Vintage Acquisitions are under no obligation to repurchase cask(s), however Vintage Acquisitions will endeavour to have first refusal and will certainly guide the cask owner through the 6 available exit strategies at that time.
2.7 Vintage Acquisitions will be the custodian of all cask(s) the buyers purchase invoice, certificate of title and where possible, a photograph of the cask confirm in writing the buyers lawful ownership of the cask(s).
2.8 Information in our brochure and on our website are purely there to inform prospective clients about the nature of the Scottish whisky industry and the potential benefits of cask whisky purchase so that potential purchasers can make an informed decision. This decision should be based on a potential purchaser’s financial position, attitude to risk and acceptance of our terms and conditions.
If you wish to speak to us further or have any questions regarding the cask buying process or any points raised on our website or contained in the Whisky Guide, please contact us. We want all of our clients to have the best possible experience.
3. Storage & Insurance Information:
3.1 ‘Vintage Acquisitions’ provide 5 years free storage and insurance from the Date of purchase of your cask(s). Costs thereafter are £65.00 per year, per cask. These prices are subject to change.
3.2 All purchased whisky casks are insured against fire, theft and accidental damage under a policy held by the HMRC licenced warehouse in which the cask is stored.
3.3 ‘Vintage Acquisitions’ recommend that ‘health checks’ are undertaken on cask(s) every 3 years. All ‘health check’ services including regauging and samples are chargeable to the individual cask owner.
3.4 ‘Vintage Acquisitions’ will meticulously handle the storage and safekeeping of all casks in our possession. In the unlikely event that casks are out of condition, it will be at the Company’s discretion whether replacements be made available without obligation.
3.5 Please note that should you wish to sample or bottle your cask(s), both duty and VAT will be due before the whisky has been bottled and the finished goods are removed from the HMRC licenced warehouse. This is solely the responsibility of the cask owner.
4.1 Casks are sold on a first come first served basis.
4.2 Vintage Acquisitions do not offer shared ownership options. All casks must be held in one name only.
4.3 Payment for cask purchase is due on invoice unless otherwise agreed prior to in writing.
4.4 Title to all products shall remain with Brooks & Whitaker Limited (trading as Vintage Acquisitions) until all sums due are paid in full.
4.5 In the event of non-payment of an account within the specified terms the Company reserves the right to charge a cancellation fee of up to 20% of the outstanding amount due, or the actual losses incurred by Brooks & Whitaker Limited as a result of cancellation if greater than 20%.
4.6 We accept payment by bank transfers and cheque only.
4.7 Vintage Acquisitions do not offer credit facilities. We are not a credit broker or finance provider.
4.8 All prices unless otherwise stipulated are in Pounds Sterling, per item or per cask as indicated, inclusive of HMRC licenced warehouse delivery charges, exclusive of V.A.T. and duty and subject to our confirmation, upon acceptance of the order.
5.1 Once a sale has been completed no returns will be accepted or refunds made.
6.1 The placing and acceptance of verbal orders shall form a contract on these terms, conditional upon our written confirmation of order. All products are sold HMRC licenced warehouses. Export customers can be put in contact with a suitable freight forwarder.
We will only accept and transact orders from UK resident clients in order to satisfy HMRC requirements.
7. Cask Quality:
7.1 We undertake to facilitate the storage and safekeeping of all products in our possession. In the unlikely event that casks are out of condition or faulty, it will be at the discretion of Brooks & Whitaker Limited that replacements be made available. We are meticulous with regard to provenance and storage conditions, so problems of this nature are extremely rare.
8.1 All our contracts our made under English Law and are subject to the exclusive jurisdiction of the English Courts.
8.2 You confirm that you are over the age of eighteen years old. It is against the law to sell alcohol to someone under the age of 18.
8.3 Your rights under this contract may not be transferred or assigned to a third party without our express consent.
9. Force Majeure:
9.1 Vintage Acquisitions shall not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control. These include, but are not limited to:
- Acts of God
- Extreme weather
- National Emergencies
- Supply failure
10.1 We may, without notice alter or amend the Company terms and conditions. Any such changes will be posted on our website.
12.1 Unless otherwise stated, Vintage Acquisitions and/or its licensors own the intellectual property rights for all material on Vintage Acquisitions. All intellectual property rights are reserved. You may access this from Vintage Acquisitions for your own personal use subjected to restrictions set in these terms and conditions.
13. You must not:
13.1 Republish material from Vintage Acquisitions, Sell, rent or sub-license material from Vintage Acquisitions, reproduce, duplicate or copy material from Vintage Acquisitions, redistribute content from Vintage Acquisitions
13.2 This Agreement shall begin on the date hereof.
13.3 Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Vintage Acquisitions does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Vintage Acquisitions, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Vintage Acquisitions shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
13.4 Vintage Acquisitions reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
14. You warrant and represent that:
14.1 You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
14.2 The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
14.3 The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
14.4 The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
14.5 You hereby grant Vintage Acquisitions a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
15. Hyperlinking to our Content:
15.1 The following organizations may link to our Website without prior written approval:
- Government agencies
- Search engines
- News organizations
15.2 Online directory distributors may link to our website in the same manner as they hyperlink to the Websites of other listed businesses and system wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
15.3 These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
15.4 We may consider and approve other link requests from the following types of organizations:
- Well known consumer and/or business information sources
- Dot.com community site
- Associations or other groups representing charities
- Online directory distributors
- Internet portals
- Accounting, law and consulting firms
- Educational institutions and trade associations
15.5 We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Vintage Acquisitions; and (d) the link is in the context of general resource information.
15.6 These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
15.7 If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Vintage Acquisitions. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
16. Approved organizations may hyperlink to our website as follows:
- By use of our corporate name
- By use of the uniform resource locator being linked to
- By use of any other description of our website being linked to that makes sense within the context and format of content on the linking party’s site
- No use of Vintage Acquisitions logo or other artwork will be allowed for linking absent a trademark license agreement
17.1 Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
18. Content Liability:
18.1 We shall not be hold responsible for any content that appears on our Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
19. Your Privacy:
20. Reservation of Rights:
20.1 We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
21. Removal of links from our website:
21.1 If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
21.2 We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
22.1 To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- Limit or exclude our or your liability for death or personal injury
- Limit or exclude our or your liability for fraud or fraudulent misrepresentation
- Limit any of our or your liabilities in any way that is not permitted under applicable law
- Exclude any of our or your liabilities that may not be excluded under applicable law
22.2 The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
22.3 As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.