General Terms and Conditions for the Sale of Whisky Yamazaki and the Use of the Platform
Schiphol Airport Retail (SAR) offers a bottle of exclusive Whisky Yamazaki aged 55 years (in the following the “Whisky”) for interested potential buyers. SAR has one bottle available for sale and it is expected there will be a high demand. SAR would like to give all interested buyers an equal opportunity to purchase the bottle of Whisky and will offer this special product through www.exquisite-auction.com (in the following the “Platform”). Interested individuals have the opportunity to make SAR an offer to purchase the bottle under the following conditions for sale and use of the Platform.
- The interested individual must register on the website to participate in the sales campaign. You can find the link to register here: https://exquisite-auction.com/users/authentication/login
- Registered users have the possibility within the framework of the Platform to make a purchase price offer for the potential purchase of the Whisky,which is subject to acceptance by SAR. Only upon explicit acceptance of the offer by SAR will the purchase contract for the Whisky come into effect.
- Purchase price offers for the Whisky may be submitted by registered users via the Platform between 01 October 2021, 00:00 h and 1 November 2021,20:00 h (the “Offer Period”). Registered users can voluntarily enter a maximum purchase price offer that is automatically based on the current highest purchase price offer and outbids it by €1000(thousand euros), but only up to the maximum amount specified by the registered user.The minimum purchase price offer is € 500,000 (five hundred thousand euros), offers below this amount cannot be submitted and will not be accepted as an offer.
- During the Offer Period, the highest price offered by a purchaser for the Whisky will be displayed on an anonymous basis incombination with your profile on the Platform.
- It is SAR’s absolute discretion to decide which offer it accepts. SAR will notify the respective prospective buyer of its acceptance of the offer in writing.
- The buyer must pay a deposit of 10% of the total purchase price within a period of 15 days after notification of acceptance of the offer to a bank account specified by SAR. The deposit will be credited against the full purchase price. The remaining amount must be received in SAR's bank account one day before handover of the Whisky, but no later than 01 December 2021. The Whisky will only be handed over to the buyer or a person to be determined in writing by the buyer after full payment of the purchase price. Upon collection of the Whisky, the buyer or the person authorized to collect the Whisky must identify themselves and confirm the collection of the Whisky in writing. Should the buyer fail to timely pay either the deposit or the purchase price on time, SAR is free to sell the item to any third party. For this purpose, SAR can fall back on the pool of submitted offers.
- All payments must be made in Euro currency (other currencies only possible after prior written agreement).
- The Whisky must be collected in person from the shop at Amsterdam Airport Schiphol Holland Boulevard, close to Lounge 3 and will not be delivered or shipped. An appointment ;for handover will be arranged with the buyer for this purpose.
- The condition and characteristics of the Whisky result entirely from the item description of the Whisky. The buyer cannot rely on any verbal deviations from this description or on any assurances made or given by SAR. The condition of the Whisky must be checked and confirmed by the buyer or a person authorized for this purpose at the time of handover in the shop at Amsterdam Airport Schiphol Holland Boulevard, close to Lounge 3.The buyer cannot make any claims regarding the condition of, or damages to, the Whisky after the handover and hereby waives any right to do so.
- The risk of accidental loss and accidental deterioration of the Whisky shall transfer to buyer as from the moment the Whisky is handed over from SAR to the Buyer.
- Buyer shall have no right to offset any counterclaims or to refuse performance based upon any counterclaims unless such counterclaims have been established by a court judgment which cannot be appealed or are undisputed.
- SAR shall only be liable for any damages caused by willful or grossly negligent actions or omissions. SAR assumes liability for damages caused by ordinary negligence only if such damages
(a) involve harm to life, limb or health, or
(b) result from a material breach of contract (breach of obligation the performance of which is essential for due performance of the contract and on the performance of which the other party may reasonably rely); in such case our liability shall however be limited to reasonably foreseeable damages. Any other liability of SAR is excluded. The limitations of liability set forth in Section 11. shall not apply if SAR fraudulently conceal a defect or if SAR have made a warranty for a particular quality in the item description.
- Any data submitted by a registered user shall be processed in compliance with the obligations under the General Data Protection Regulation. Reference is made to our privacy statement, which can be found here: https://static.heinemann-shop.com/static-ext/downloads/forms/dutch/DSE_NL.pdf
- To the extent legally possible, any right of the buyer to fully or partially annul, cancel, rescind the sale and purchase is hereby waived by the buyer.
- The place of performance is Amsterdam, Netherlands.
- If any provision of these General Terms and Conditions for the Sale of Whisky Yamazaki 55 and the Use of the Platform is or becomes invalid, the validity of the remaining provisions of these General Terms and Conditions shall remain unaffected thereby.
- Any dispute, including regarding non-contractual obligations, shall be governed by Dutch law and shall be exclusively settled by the competent court in Amsterdam.