Terms & Conditions

Version 2.2  |  Effective from 1st September 2026

Company number	07761569
Registered office	Whisky House, Unit 3, 2 Newhams Row, London, SE1 3UZ
Contact	+44 (0)20 8057 2001  |  info@vintageacquisitions.com
VAT / WOWGR	VAT 127464313  |  WOWGR 127.4643.13/0001

Please read these Terms carefully before placing an order. They explain the basis on which we sell Scotch whisky casks and provide related services. Nothing in these Terms affects any statutory rights that cannot lawfully be excluded or limited.

1. GENERAL AND DEFINITIONS

1.1  These Terms apply to purchases, orders, quotations, transfers, Delivery Orders, storage arrangements and related dealings between Brooks & Whitaker Limited trading as Vintage Acquisitions (the “Company”, “we”, “us” or “our”) and the purchaser (the “Buyer” or “you”).

1.2  A link to these Terms is included on every invoice issued by Brooks & Whitaker Limited, allowing the Buyer to review them before completing a purchase. These Terms apply where they have been supplied or made reasonably available to the Buyer before the order is accepted. By placing or completing an order after receiving the invoice and having the opportunity to review these Terms, the Buyer confirms acceptance of them. The Buyer may request a paper or electronic copy at any time.

1.3  A “Consumer Buyer” is an individual acting wholly or mainly outside their trade, business, craft or profession. A “Business Buyer” is any other Buyer. Provisions expressly stated to apply to one category apply only to that category.

1.4  A “Cask” means the individually identified cask of spirit described in the applicable order confirmation or invoice.

1.5     A “Delivery Order” means the document or instruction by which ownership or warehouse records are transferred, subject to the relevant warehouse’s procedures and HMRC requirements.

1.6  No order is accepted until we issue written confirmation. Quotations and availability may be amended or withdrawn before acceptance. The version of these Terms supplied before acceptance applies to that transaction. All orders are subject to compliance with clause 4.2.

1.7  If an order confirmation expressly conflicts with these Terms, the order confirmation prevails only in relation to the particular transaction and only to the extent of the conflict.

1.8  We aim to act fairly, transparently and in good faith. We may waive or vary a provision where we consider it fair and commercially reasonable to do so, but a concession in one case does not waive our rights or establish a precedent for another case.

2. REGULATORY STATUS, INFORMATION AND RELIANCE

2.1  The purchase of an individually identified Scotch whisky cask is ordinarily a purchase of tangible property and is not, of itself, a regulated financial product. Brooks & Whitaker Limited is not authorised by the Financial Conduct Authority and does not provide regulated investment, financial, tax or legal advice. The regulatory treatment of any arrangement depends on its structure and circumstances.

2.2  The Buyer should obtain independent legal, financial and taxation advice where appropriate and must decide whether a purchase is suitable for their objectives, circumstances and tolerance of risk.

2.3  No director, employee, agent or representative is authorised to provide a projected rate of return, projected future value or target sale price, or to guarantee a future value, purchaser, sale date, liquidity or profit. Any factual historical information or general market commentary supplied by the Company is provided for information only, must not be treated as a forecast and is not a reliable indicator of future performance.

2.4  The Buyer should not rely on any statement concerning future value, profitability, liquidity or the timing of a future sale unless it is expressly included in the written order confirmation as a binding term. Nothing in these Terms excludes responsibility for a statement of existing fact upon which the Buyer reasonably relies, fraud or fraudulent misrepresentation.

2.5  Information about the Cask’s main characteristics, identity and agreed price supplied before the contract is concluded forms part of the contract to the extent required by law. Any agreed correction or variation must be recorded in writing.

3. RISK WARNING

3.1  Ownership of a Scotch whisky cask is ownership of a specialist, illiquid alternative asset. Its value may rise or fall and the Buyer may lose part or all of the purchase price.

3.2  Casks are generally suited to medium- to long-term ownership and will ordinarily need to be held for at least five to ten years. Past performance is not a reliable indicator of future results.

3.3  We do not guarantee future value, appreciation, profit, taxation treatment, a future purchaser, the timing or success of a sale, or that any market will exist when the Buyer wishes to sell.

3.4  The Buyer remains responsible for decisions concerning acquisition, continued storage, regauging, movement, bottling, transfer and sale, subject to law, HMRC rules and the applicable warehouse agreement.

4. AGE, IDENTITY AND COMPLIANCE

4.1  The Buyer must be at least 18 years old and legally capable of entering into a binding contract.

4.2  We may require satisfactory evidence of identity, address, source of funds and other information reasonably required for anti-money-laundering, sanctions, fraud-prevention, warehouse or HMRC compliance. We may delay, refuse or cancel a transaction where required information is not provided or where proceeding would be unlawful or expose us to material compliance risk.

4.3  If we cancel under clause 4.2 for reasons not caused by the Buyer’s breach or wrongdoing, we will refund sums paid for unperformed obligations, less any amount we are lawfully required to retain or pay to another person or authority.

5. PURCHASE, PAYMENT, TITLE AND RISK

5.1  A Cask will be reserved only after receipt of the deposit stated in the order confirmation. Any deposit is a payment on account of the purchase price. Its treatment following cancellation or breach is governed by clauses 5.7 and 9.

5.2  The balance is payable in cleared funds by the date stated on the invoice or order confirmation. We do not provide credit, finance or shared ownership unless expressly agreed in writing.

5.3  The purchase price of a Cask held within an approved tax warehouse is quoted exclusive of Excise Duty and without VAT being collected at the time of a qualifying in-bond supply, provided that the Cask remains subject to the applicable warehousing regime. Excise Duty and any applicable VAT are suspended or otherwise accounted for under the relevant tax-warehousing provisions and may become payable if the Cask is removed from bond, released to home use or otherwise ceases to qualify for duty-suspension or warehousing treatment. Separate services, commissions and administration charges will be treated for VAT purposes in accordance with the law applicable to those services.

5.4  Legal and beneficial title remains with us until all sums due for the relevant Cask have been received in cleared funds. Once paid, title will transfer as stated in the order confirmation and will be evidenced by the applicable invoice, certificate, Delivery Order and/or written warehouse acknowledgement.

5.5  Where a Buyer selects or approves a warehouse to hold the Cask on the Buyer’s behalf, responsibility for the ordinary risks inherent in maturation passes when title has transferred and the warehouse has acknowledged that it holds the identified Cask for the Buyer. Nothing in this clause transfers any risk which must remain with us under applicable law or excludes liability arising from our breach, negligence or failure to exercise reasonable care and skill.

5.6  Natural evaporation, changes in alcoholic strength, ullage and ordinary cask deterioration are inherent features of maturation and are not, by themselves, evidence of breach. Liability for insured events and abnormal loss will depend on the cause, applicable law and relevant warehouse or insurance arrangements.

5.7  If the Buyer fails to pay or otherwise commits a material breach, we may suspend performance, cancel the transaction and recover losses reasonably and foreseeably caused by that breach. We may retain from a deposit an amount reasonably reflecting our actual losses and costs, after taking reasonable steps to mitigate them, and will refund any balance. We will not recover twice for the same loss.

5.8  Overdue sums may carry simple interest from the due date until payment at 4% per annum above the Bank of England base rate, or the maximum lawful rate if lower. This does not apply while a Consumer Buyer disputes a charge reasonably and in good faith. A Business Buyer remains liable for reasonable enforcement costs recoverable by law.

6. OWNERSHIP RECORDS, WAREHOUSES AND DELIVERY ORDERS

6.1  Where the Buyer chooses to store a Cask at Campbeltown Bond Limited or another warehouse, we may assist with account opening and a Delivery Order. Completion is subject to payment, satisfactory compliance checks, warehouse acceptance, HMRC requirements and the provision of any reasonably required instructions.

6.2  Unless the order confirmation states otherwise, the purchase price includes only the Delivery Order, account-opening, storage and insurance services expressly listed there and only for the stated period.

6.3  Where casks are stored with an independent warehouse operator, the customer’s relationship with that warehouse shall be governed by a separate contract between the customer and the warehouse operator. Such agreement shall not affect, vary or replace the customer’s agreement with Brooks & Whitaker Limited.

6.4  Campbeltown Bond Limited is a separate legal entity and operates its warehouse independently from Brooks & Whitaker Limited. Its agreement governs custody, storage, insurance, handling, movement and release services it supplies. These Terms govern the purchase and any services separately undertaken by Brooks & Whitaker Limited. If the agreements address different services, each applies to its own subject matter; neither agreement retrospectively cancels rights already accrued under the other.

6.5  If the Buyer chooses another warehouse, the Buyer is responsible for ensuring that the warehouse can lawfully receive the Cask and for its storage, insurance, transport and administration charges after transfer, unless otherwise agreed in writing.

6.6  We will use reasonable endeavours to issue or arrange the Delivery Order within a reasonable time after the conditions in clause 6.1 have been satisfied. Timings may be affected by the warehouse, HMRC processes or other matters outside our reasonable control, but we will keep the Buyer reasonably informed of material delays.

7. FUTURE SALE OR TRANSFER

7.1  Unless expressly included in the order confirmation, we are not obliged to repurchase a Cask, find or introduce a purchaser, provide an exit strategy, broker a sale or guarantee marketability or liquidity.

7.2  We may agree to assist with a future sale or transfer, but each instruction is subject to our written acceptance, market conditions, operational capacity, compliance checks and any separate sale terms agreed at that time.

7.3  Before undertaking chargeable sale work, we will disclose in writing the proposed commission, any early-sale administration fee, the basis of calculation and whether the charges are cumulative. No fee will be deducted from sale proceeds unless it has been agreed in advance.

7.4  Unless another amount is agreed in writing, our sale commission will not exceed 10% of realised profit. If a sale is completed through us within five years of the original purchase, an additional early-sale fee may apply, but it will not exceed 20% of the sale price within two years or 10% of the sale price after two years and before the fifth anniversary. “Realised profit” means gross sale proceeds less the original purchase price and unavoidable third-party transaction costs. No profit-based fee is payable where there is no realised profit, although agreed third-party and reasonable administration costs may remain payable.

7.5  Any valuation is an opinion as at its date, based on available information and market conditions, and is not a guarantee of the price obtainable or the time required to sell.

8. STORAGE, INSURANCE AND CONDITION

8.1  Where the Cask is stored at Campbeltown Bond, the purchase price includes storage and insurance for the Cask for a period of three years from the date of purchase, at no additional charge to the Buyer. Upon expiry of that three-year period, all ongoing storage, insurance, warehouse administration and associated charges shall become the Buyer’s responsibility and shall be payable at the prevailing rates under the Buyer’s separate agreement with Campbeltown Bond.

8.2  Insurance is arranged by the relevant warehouse or its insurer unless expressly stated otherwise. We are not an insurer. We will provide or help the Buyer obtain available policy information where reasonably practicable, but do not guarantee cover beyond obligations we have expressly undertaken or liabilities that cannot lawfully be excluded.

8.3  We recommend professional regauging at intervals of approximately three years, depending on age, condition and warehouse advice. Unless included in the purchase or otherwise agreed, the Buyer bears the cost of regauging, sampling, inspection and analysis.

8.4  We may assist with warehouse communications and administration as a customer service. Where we expressly agree to provide such a service, we will exercise reasonable care and skill.

8.5  We are not responsible for the independent acts or omissions of a warehouse, transporter, bottler or other third party appointed directly by the Buyer. Where we appoint a third party to perform an obligation we have contractually undertaken, we remain responsible to the extent required by law.

8.6  Any voluntary replacement or compensation offered without admission of liability will be in full and final settlement only if the Buyer expressly accepts it on that basis after the relevant issue has arisen.

9. CANCELLATION, RETURNS AND REFUNDS

9.1  A Consumer Buyer entering into a distance or off-premises contract has the cancellation rights provided by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, unless a statutory exception applies. A Consumer Buyer’s cancellation right (if there is no applicable exemption) must be exercised within 14 days of the date of the order by providing us with a clear written statement cancelling the order either to the address or email address stated at the head of these terms and conditions.

9.2  The allocation of an existing Cask to a Buyer does not by itself remove a statutory cancellation right. If a Cask or service is genuinely made to the Buyer’s specifications, clearly personalised or otherwise within a statutory exception, we will explain this before the Buyer becomes bound.

9.3  If a Consumer Buyer expressly asks us to begin a service during the cancellation period and later cancels lawfully, we may charge a proportionate amount for services properly performed up to cancellation, where the law permits. A cancellation right is lost only in the circumstances and following the acknowledgements prescribed by law.

9.4  Outside mandatory cancellation rights, the Buyer may request cancellation, but acceptance is at our reasonable commercial discretion. If accepted, any deduction will be limited to reasonable losses, work performed and non-recoverable costs, and any remaining balance will be refunded.

9.5  Nothing in this section limits remedies relating to goods that do not conform to contract, lack of title, misdescription, or services not performed with reasonable care and skill.

10. TAXATION, DUTY, BOTTLING, MOVEMENT AND EXPORT

10.1  The Buyer is responsible for tax consequences arising from ownership or disposal and should obtain independent advice. We do not guarantee any particular tax treatment.

10.2  A transfer of ownership while a Cask remains in an approved excise warehouse does not necessarily remove the spirit from duty suspension. Excise Duty, VAT and other charges may arise on removal to home use, bottling, samples, export or other events according to the law and HMRC requirements then in force.

10.3  The Buyer is responsible for costs arising from instructions to move, sample, bottle, export or release the Cask, including warehouse charges, duty, VAT, transport, packaging and customs costs, once those costs have been disclosed or their calculation basis explained where reasonably possible. The taxation and administrative treatment of samples will be determined by the applicable law, HMRC requirements and the relevant warehouse procedures in force at the time.

10.4  All movements, samples, transfers, bottling and export are subject to applicable law, HMRC rules, licensing requirements, warehouse approvals, destination requirements and the payment of relevant charges.

11. OUR RESPONSIBILITY

11.1  We will supply goods matching their agreed description, transfer the title we have agreed to transfer and perform our services with reasonable care and skill. Nothing in these Terms excludes or limits rights or remedies which cannot lawfully be excluded or limited.

11.2  We are not responsible for loss caused solely by market movements, ordinary maturation, the Buyer’s instructions or breach, or an independent third party appointed directly by the Buyer, except to the extent that our own breach or negligence caused or contributed to the loss.

11.3  For a Consumer Buyer, we are responsible for losses that are a foreseeable result of our breach or failure to use reasonable care and skill. We are not responsible for business losses suffered by a Consumer Buyer, including loss of business, profit, revenue or opportunity.

11.4  For a Business Buyer, we will not be liable for indirect or consequential loss, or loss of profit, revenue, business, opportunity, anticipated savings, goodwill or reputation. Subject to clause 11.5, our aggregate liability arising from a particular Cask or service will not exceed the amount paid to us for that Cask or service, except where that limit would be unreasonable or unlawful.

11.5  Nothing excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of terms as to title, deliberate default, or any liability that cannot lawfully be excluded or limited.

11.6  A Buyer must take reasonable steps to mitigate any loss and notify us promptly after becoming aware of a potential claim, but a failure to notify does not extinguish a Consumer Buyer’s mandatory statutory rights.

12. EVENTS OUTSIDE REASONABLE CONTROL

12.1  Neither party is liable for delay or failure caused by an event beyond its reasonable control, provided the affected party takes reasonable steps to minimise the effect and resumes performance as soon as reasonably practicable. This does not excuse the Buyer’s obligation to pay for goods or services already properly supplied.

12.2  Such events may include fire, flood, epidemic, war, terrorism, civil unrest, industrial action by persons outside the affected party’s organisation, interruption of utilities, cyber incident despite reasonable precautions, transport disruption, closure of a bonded warehouse, governmental action, HMRC restriction or material legal change.

12.3  The affected party will notify the other within a reasonable time and provide material updates. If the event prevents a material obligation for more than 90 consecutive days, either party may terminate the affected unperformed part by written notice. We will refund amounts paid for obligations not performed, less lawful and irrecoverable costs already incurred specifically for the Buyer.

13. INTELLECTUAL PROPERTY AND WEBSITE MATERIAL

13.1  Intellectual property in our branding, website, brochures, reports, photographs, graphics and other materials remains ours or our licensors’. The Buyer may use materials supplied to them for personal or internal business information relating to their Cask.

13.2  The Buyer must not reproduce, distribute, modify or commercially exploit our materials, or use our branding in a way that implies endorsement, without written consent, except where permitted by law.

14. ASSIGNMENT AND TRANSFER

14.1  The Buyer may transfer ownership of a Cask, subject to outstanding charges, applicable law, HMRC and warehouse requirements and completion of the documents reasonably required to establish the transferee’s identity and title. This clause does not oblige us to broker a sale.

14.2  Neither party may transfer its contractual obligations without the other’s written consent, not to be unreasonably withheld or delayed. We may transfer the contract to a suitably capable group company or successor to our business if this does not reduce the Buyer’s rights, increase the Buyer’s costs or adversely affect ownership of the Cask. We will notify the Buyer in writing.

15. BUSINESS BUYER INDEMNITY

15.1  This clause applies only to a Business Buyer. The Business Buyer will indemnify us against reasonably foreseeable third-party claims, liabilities and reasonable costs to the extent directly caused by the Business Buyer’s material breach, unlawful instruction, infringement of third-party rights or information supplied knowingly or negligently which is materially inaccurate or misleading.

15.2  The indemnity does not apply to the extent that loss was caused or increased by our breach, negligence, deliberate act or failure to mitigate. We will notify the Business Buyer promptly of a claim and allow reasonable participation in its defence. We will not agree a settlement imposing liability on the Business Buyer without consent, not to be unreasonably withheld.

16. COMPLAINTS

16.1  If the Buyer has a concern, they should contact us at info@vintageacquisitions.com or at our registered office, identifying the relevant Cask and transaction. We will acknowledge the complaint within five business days and aim to provide a substantive response within 20 business days, or explain why more time is reasonably required.

16.2  The Buyer is not required to complete our complaints process before exercising a statutory right or commencing proceedings where a legal time limit or urgent remedy applies.

17. GENERAL

17.1  If a provision is held invalid, unlawful or unenforceable, it will be treated as modified to the minimum extent necessary, or deleted if modification is not possible. The remaining provisions continue in effect.

17.2  A failure or delay in exercising a right is not a waiver. A waiver is effective only for the particular circumstances in which it is given.

17.3  No person other than the Buyer and the Company has a right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

17.4  We may revise these Terms for future transactions. A revision does not retrospectively vary an existing transaction unless the Buyer expressly agrees or the change is required by law and does not materially disadvantage the Buyer.

17.5  Notices concerning cancellation, breach, termination or legal claims must be in writing and sent to the postal or email address most recently notified by the recipient. Routine operational communications may be sent by email.

18. GOVERNING LAW AND JURISDICTION

18.1  These Terms and any non-contractual dispute arising from them are governed by the law of England and Wales.

18.2  If the Buyer is a Consumer Buyer resident in another part of the United Kingdom, the Buyer retains the benefit of any mandatory protections of the law of that place and may bring proceedings in the courts available to them under applicable law. Consumer Buyers resident outside the United Kingdom retain any mandatory rights that cannot lawfully be displaced.

18.3  Subject to clause 18.2, the courts of England and Wales have exclusive jurisdiction. Before commencing proceedings, the parties should consider whether the dispute can reasonably be resolved through direct discussion or mediation, without preventing either party from seeking urgent relief or protecting a limitation period.