TERMS & CONDITIONS
Purchasing through – Brooks and Whitaker Limited trading as Vintage Acquisitions
We recommend that the client holds the cask(s) for a minimum of 5-10 years, if they decide to sell the cask(s)within the first 5 years; Vintage Acquisitions will be due 10% of the trade value. When selling your cask(s) after 5 years, Vintage Acquisitions will be due 10% of realised profits.
Vintage Acquisitions are under no obligation to repurchase any cask(s), but hope to have first refusal and would guide the cask(s) owner to the exit strategies available at the time.
Vintage Acquisitions will be the custodian of all cask(s). The buyer’s purchase invoice, certificate of title and where possible a photograph of the cask, together known as the ‘Cask Passport’ proves the buyer’s rightful ownership of the cask(s).
All information in our brochure and on our website is purely to inform you about the nature of the Scottish whisky industry so that you can make an informed decision should you choose to buy a cask.
The nature of purchases chosen by the buyer as an investment, is that they can go down as well as up. If you wish to speak to someone further regarding the cask buying process or any points raised on our website or Whisky Guide, please don’t hesitate to get in touch.
We are not tax experts or advisors and purely refer to the guidance from HMRC regarding Chattels and Capital Gains Tax 2018 (HS293). If you need further clarification or advice, please contact your accountant or tax adviser.
Storage & Insurance
5 years free storage and insurance is included in the purchase price, from the date of settlement. Storage and insurance is currently charged at £65.00 per year, per cask, thereafter and is subject to change.
Cask(s) are insured under the policy of the bonded warehouse(s).
It is advised to regauge (health check) on your cask(s) every 3-5 years. All regauge services on your cask(s) and samples are chargeable to the client, prices vary.
We undertake the proper storage and safekeeping of all products in our possession. In the event that casks are out of condition, it will be at the discretion of Brooks & Whitaker Limited that replacements be made available, without obligation. We are meticulous with regard to provenance and storage conditions, so problems of this nature very rarely occur.
If 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 bonded warehouse. This is the client’s responsibility.
Payment is due on invoice, unless otherwise agreed to prior in writing.
Title to all products shall remain with Brooks & Whitaker Limited until all sums due from the buyer are paid in full.
In the event of non-payment of an account within the specified terms, we reserve the right to charge a cancellation fee of up to 20% of the outstanding amount, or actual losses incurred by Brooks & Whitaker Limited as a result of cancellation if greater than 20%.
We accept payment by bank transfers and cheques.
All prices, unless otherwise stipulated are in Pounds Sterling, per item or per cask as indicated, inclusive of in-bond delivery charges, exclusive of V.A.T. and duty and subject to our confirmation, upon acceptance of the order.
The placing and accepting verbal orders shall form a contract on these terms, conditional upon our written confirmation of order. All products are sold in-bond. Export customers can be put in contact with a suitable freight forwarder.
All our contracts our made under English Law and are subject to the exclusive jurisdiction of the English Courts.
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.
We shall not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control.
We may from time to time change, alter, adapt, add or remove portions of these terms and conditions, but if we do so we will post any such changes on our website.
Unless otherwise stated, Brooks and Whitaker Ltd and/or its licensors own the intellectual property rights for all material on www.vintageacquisitions.com. All intellectual property rights are reserved. You may access this from www.vintageacquisitions.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from www.vintageacquisitions.com, Sell, rent or sub-license material from www.vintageacquisitions.com, reproduce, duplicate or copy material from www.vintageacquisitions.com, redistribute content from www.vintageacquisitions.com
This Agreement shall begin on the date hereof.
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.
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.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
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.
Hyperlinking to our Content
The following organisations may link to our Website without prior written approval:
Online directory distributors may link to our website in the same manner as they hyperlink to the websites of other listed businesses.
System wide Accredited Businesses except soliciting non-profit organisations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.
These organisations 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.
We may consider and approve other link requests from the following types of organisations: Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Accounting, law and consulting firms; and Educational institutions and trade associations.
We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organisation 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.
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.
If you are one of the organisations 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 organisation 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.
Approved organisations may hyperlink to our website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
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.
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.
We shall not be held 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.
Reservation of Rights
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.
Removal of links from our website
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.
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.
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; or Exclude any of our or your liabilities that may not be excluded under applicable law.
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.
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.