Terms and Conditions
Last changed: 10 February 2026
These Terms and Conditions should be read in conjunction with our Privacy Policy and Cookie Policy.
Article 1: Definitions
In these Terms and Conditions, the following terms are understood to mean:
- WannaWhisky: the platform that functions as an online marketplace for offering whisky bottles between private individuals. Located at Mekkelholtsweg 7, (7523 DB) in Enschede. Registered in the trade register of the Chamber of Commerce under number 84262389.
- User: any natural person or legal entity using the platform, including both Buyers and Sellers.
- Agreement: the intermediary agreement between User and WannaWhisky.
- Platform: the digital environment where Users can place advertisements, search, buy and sell, and communicate with each other or with WannaWhisky.
- Stripe: the external payment processor that provides the escrow functionality within the platform.
- Escrow: a payment arrangement whereby a third party (Stripe) temporarily holds the amount paid by the buyer until predetermined conditions are met, such as confirmation of receipt of the product. After fulfillment of these conditions, the amount is released to the seller. WannaWhisky is not a party to the payment relationship between buyer, seller and Stripe and bears no responsibility for the management of the escrow account.
- Terms and Conditions: the provisions as included in this document.
- In writing: by post, by email or via another digital communication method such as the contact form on the website.
- Website: https://wannawhisky.com
Article 2: Applicability
- These Terms and Conditions apply to every use of the platform, all offers, agreements and other legal relationships between WannaWhisky and User.
- The applicability of any Terms and Conditions of the User is expressly excluded, unless otherwise agreed in writing.
- By creating an account, using the platform and/or concluding an agreement via the platform, the User accepts these Terms and Conditions.
- Deviations from these Terms and Conditions are only valid if they have been expressly and explicitly agreed in writing.
- If a provision of these Terms and Conditions is wholly or partially null and void or is annulled, the remaining provisions remain in full force. The null and void or annulled part will be replaced by a provision that corresponds as closely as possible to the purpose of the original article.
- These Terms and Conditions also apply to future agreements or legal relationships between WannaWhisky and User, unless otherwise agreed in writing.
Article 3: Offer and acceptance
- On the WannaWhisky platform, Users can place an advertisement (a “Listing” or “Lot”) for the sale of whisky bottles (the “Offer” of “Products”). This Offer is non-binding and remains valid as long as it is visible on the platform, unless expressly stated otherwise.
- A potential buyer can submit a bid on the Offer via the platform. The seller has 48 hours to accept or reject the bid, after which the Offer will expire.
- An agreement between buyer and seller only comes into effect once the seller has expressly accepted the buyer’s bid via the designated functionality on the platform.
- The buyer is obligated to pay after acceptance of their bid. The payment is processed via Stripe and temporarily held until delivery of the product is confirmed or a standard period has elapsed.
- WannaWhisky is not a party to the agreement between buyer and seller. The platform merely facilitates contact and payment between Users.
- Errors or incompleteness in advertisements, descriptions or bids are at the risk of the respective User. WannaWhisky is not liable for any damage resulting from incorrect information provided by Users.
- Submitting a bid or placing an advertisement does not create an obligation for WannaWhisky to establish a transaction.
- Users are not permitted to place an advertisement or submit a bid for the sole purpose of obtaining information or testing the system.
- User acknowledges that electronic communication is legally valid for the establishment of agreements and acceptances via the platform.
- The right of withdrawal is excluded for Users acting in the exercise of a profession or business.
Article 4: Performance of the agreement
- The agreement between buyer and seller is established via the WannaWhisky platform. After acceptance of the bid by the seller, the seller is obligated to ship the product within a reasonable period, in accordance with the agreed conditions.
- WannaWhisky provides a technical infrastructure on which Users can trade. The performance of the agreement between buyer and seller is the responsibility of these Users. WannaWhisky is not a party to the purchase agreement.
- Payments are processed via Stripe. The purchase price (including any buyer protection and/or commission) is temporarily stored in an escrow environment until the delivery obligations have been met.
- The seller is obligated to package the product properly, accompanied by the correct information, and to take shipping photos. The buyer is obligated to also take photos upon receipt to confirm delivery and condition of the product.
- WannaWhisky can provide technical support in using the platform, but is not responsible for the actual delivery, damage to products or the behavior of Users.
- If a User fails to comply with the conditions of the platform or acts incorrectly, WannaWhisky reserves the right to temporarily or permanently block the account and/or deny further access to the platform.
- The periods specified by WannaWhisky for, for example, verification or processing of transactions are indicative and may differ due to external factors, such as processing by Stripe or shipping services. No rights can be derived from these periods.
- If necessary, WannaWhisky may engage third parties for the execution of certain technical or administrative parts of platform management.
- The shipping obligation rests entirely with the seller. WannaWhisky is not responsible for the transfer of risk during shipment; the risk of loss or damage passes to the buyer as soon as the product has been transferred to the carrier, unless mandatory law dictates otherwise.
- User indemnifies WannaWhisky from any liability regarding excise duties and customs duties or other fiscal obligations arising from international shipments of whisky products.
Article 5: Payment
- Payment for purchases/sales on the platform takes place via Stripe and is temporarily held in escrow until the delivery conditions have been met.
- The buyer is obligated to make payment immediately after the bid has been accepted by the seller. The moment of payment is binding for initiating delivery.
- WannaWhisky charges a surcharge on the purchase amount to the buyer for buyer protection. The percentage is automatically added to the total amount.
- Upon successful sale, a commission is withheld from the amount to be paid out to the seller. The amount of this commission is clearly communicated prior to creating an advertisement.
- WannaWhisky reserves the right to process payment to sellers only after it has been established that the buyer has received the product in good order, within a reasonable period after shipment.
- If there is a dispute or damage claim (for example, in case of a broken bottle), WannaWhisky will make an assessment based on supplied shipping and receipt evidence (photos). The final decision on refund or payout lies with WannaWhisky.
- Invoices for any additional services or business collaborations must be paid within fourteen (14) days of the invoice date, unless otherwise agreed in writing.
- If the payment term is exceeded, the User is automatically in default and WannaWhisky may charge statutory interest and collection costs.
- Stripe acts as an independent payment service provider. By using the platform, the User also agrees to Stripe’s terms of use. WannaWhisky is not liable for acts or omissions by Stripe.
- If a payment is reversed due to a technical error, chargeback or otherwise, the seller is obligated to repay the proceeds to WannaWhisky upon first request.
Article 6: Suspension
- WannaWhisky is entitled to suspend its obligations if the User (buyer or seller) fails to fulfill one or more obligations under the agreement or these Terms and Conditions, either not at all, not fully or not timely.
- The authority to suspend includes, among other things, (temporarily) blocking or restricting access to the User’s account, making an advertisement invisible, suspending transactions or temporarily withholding payouts via Stripe, if:
a. there is (a suspicion of) a violation of the law or these Terms and Conditions;
b. there is uncertainty about the identity or authority of a User;
c. there is a dispute between buyer and seller;
d. there are indications of abuse, fraud or other irregularities. - If suspension takes place on the basis of this article, WannaWhisky is not liable for any resulting damage or costs.
- The User’s obligation to fulfill their obligations, including payment obligations, remains in full force during the suspension.
- Objections to (the amount of) a payment do not suspend the User’s payment obligation.
- In case of suspension based on fraud, suspicions of money laundering or other irregularities, WannaWhisky reserves the right to share User data with competent authorities in accordance with applicable legal obligations.
Article 7: Termination of the agreement
- WannaWhisky has the right to terminate the agreement with the User in whole or in part with immediate effect, without prior notice of default and without being liable for damages, if:
a. the User acts in violation of the law, these Terms and Conditions or other applicable rules on the platform;
b. there is abuse, fraud, deception or other unlawful acts by the User;
c. confidence in the User has been so damaged that continuation of the agreement cannot reasonably be expected of WannaWhisky;
d. the User has filed for bankruptcy or is in a state of bankruptcy, suspension of payment has been granted, debt restructuring has been requested or there is attachment of a substantial part of their assets;
e. the User is inactive for an extended period and/or does not or insufficiently fulfill their obligations to other Users;
f. the User’s identity cannot be verified or if it appears that incorrect or incomplete information was provided during registration. - Termination of the agreement automatically leads to blocking and deletion of the User account. The User cannot claim compensation for any outstanding credits, commission costs or fees already paid.
- Agreements already concluded between Users (such as sales agreements) remain in force after termination of the User agreement. The User remains obligated to fulfill their obligations to other Users and/or third parties.
- If the User wishes to terminate their account, they can do so via the settings on the platform or by contacting customer service. The termination has no retroactive effect and leaves existing obligations unaffected.
- After termination, WannaWhisky retains the User’s personal data only insofar as this is necessary to comply with legal obligations or to settle disputes. In all other cases, data is deleted in accordance with the applicable retention periods and WannaWhisky’s privacy statement.
- The provisions in these Terms and Conditions that by their nature are intended to continue after termination of the agreement (such as provisions on liability, intellectual property, applicable law and dispute resolution) remain in force even after termination.
- The provisions of Book 6 of the Dutch Civil Code regarding dissolution due to attributable failure remain fully applicable, unless these Terms and Conditions explicitly deviate from them.
Article 8: Force majeure
- WannaWhisky is not obligated to fulfill any obligation under the agreement if it is prevented from doing so by a circumstance that cannot be attributed to it and for which it is not accountable under the law, legal act or prevailing views in the trade.
- Force majeure is understood to mean, at minimum but not exclusively:
- disruptions or failures in the infrastructure of third parties, such as the payment service provider (e.g. Stripe), hosting party or identification services;
- strikes, fire, floods, government measures, pandemics, war or unrest;
- cyber incidents such as DDoS attacks, hacking, ransomware, data breaches or other digital disruptions;
- failure of internet, electricity or other vital infrastructure;
- technical errors or limitations in software, (AI) tools or API connections that WannaWhisky uses to offer the platform.
- In case of force majeure, WannaWhisky will inform the User (buyer or seller) of the situation and its expected duration as soon as possible.
- During the period of force majeure, WannaWhisky’s obligations are suspended. If performance becomes permanently impossible, or the force majeure situation continues for more than thirty (30) days, both parties have the right to terminate the agreement in whole or in part in writing, without obligation to pay compensation.
- If WannaWhisky has already partially fulfilled its obligations when the force majeure situation occurs, it is entitled to invoice the already executed part separately or to retain the commission already received. The User is obligated to pay this invoice, or cannot claim restitution.
- Force majeure does not automatically release Users (buyer or seller) from their obligations. If force majeure on their side leads to non-fulfillment of the agreement (e.g. no shipment or payment), the rules of the platform remain in full force, unless WannaWhisky decides otherwise in writing.
- User has no right to restitution of amounts already paid or compensation in case of force majeure, unless this would be unacceptable according to standards of reasonableness and fairness.
Article 9: Liability
- WannaWhisky is only liable for direct damage to Users that is the direct result of an attributable failure in the performance of its obligations as a platform provider.
- WannaWhisky’s liability is at all times limited to the amount paid out by the applicable liability insurance in the relevant case, increased by WannaWhisky’s deductible under that insurance. If for any reason no payout takes place, liability is limited to the amount the User has paid to WannaWhisky for use of the platform in the three months preceding the damage-causing event.
- WannaWhisky is not liable for damage resulting from: a. the execution of transactions between Users (buyer and seller); b. the shipment, delivery or quality of whiskies traded via the platform; c. incorrect or incomplete information placed on the platform by Users; d. inability to use the platform (in time) or disruptions in the service.
- WannaWhisky acts solely as an intermediary between Users. The purchase/sale agreement is established between buyer and seller. WannaWhisky is not a party to this agreement and bears no liability for its performance.
- Any liability of WannaWhisky for indirect damage, including consequential damage, lost profits, loss of data, reputational damage, or damage due to business interruption, is excluded.
- The limitations in this article do not apply if the damage is the result of intent or willful recklessness by WannaWhisky or its executive subordinates.
- Users indemnify WannaWhisky against all claims by third parties, including other Users, that are related to the use of the platform or non-fulfillment of contractual obligations by the relevant User.
- If the exclusion or limitation of liability proves to be in conflict with mandatory law, then WannaWhisky’s liability is limited to the amount reasonably covered by insurance in the specific case.
Article 10: Intellectual property
- All intellectual property rights to the website, platform functionalities, texts, images, designs, (trade)names, databases, algorithms and other content developed or used by WannaWhisky rest exclusively with WannaWhisky or its licensors.
- User is not permitted to copy, reproduce, publish, modify or use (parts of) the platform or the content offered thereon in any way other than necessary for normal use of the platform, without prior written permission from WannaWhisky.
- Users retain the intellectual property rights to the content they upload themselves, such as photos, descriptions and reviews. By placing this content, the User grants WannaWhisky a non-exclusive, worldwide, free license to use, publish and display this content on or in connection with the platform.
- Users guarantee that they are entitled to use the content they have placed and that it does not infringe on the rights of third parties, including intellectual property rights.
- If WannaWhisky suspects infringement of third party rights, it is entitled to remove the relevant content without prior warning.
- In case of a confirmed infringement of WannaWhisky’s intellectual property, the infringer owes an immediately payable penalty of €500 per infringement and €50 for each day the infringement continues, without prejudice to WannaWhisky’s right to full compensation for damages.
- WannaWhisky reserves the right to use its own content, designs and other creations for promotional purposes, such as mentions on the website, social media or in presentations.
- User is not permitted to circumvent or remove technical security measures or other provisions intended to limit or regulate access to the platform or protected parts thereof.
Article 11: Confidentiality
- Parties undertake to maintain confidentiality of all confidential information they obtain from each other or from third parties in the context of the agreement or use of the platform. Information is considered confidential if this has been communicated, or if this follows from the nature of the information.
- WannaWhisky processes personal data exclusively in accordance with applicable privacy legislation (GDPR) and its privacy statement, as published on the website.
- The confidentiality obligation also applies to third parties or employees of parties engaged.
- This obligation remains in full force even after termination of the agreement or use of the platform.
- In case of a legal obligation to disclose (such as based on a court order or legal regulation), the confidentiality obligation lapses insofar as necessary to comply with the legal obligation.
Article 12: Complaints
- Complaints about the operation of the platform, the services provided by WannaWhisky or the performance of the agreement must be submitted in writing and clearly described within thirty (30) days of the complaint arising, via the contact form or via info@wannawhisky.com
- Complaints about invoices or platform costs must be reported in writing within the applicable payment term.
- WannaWhisky will respond to complaints substantively as soon as possible, but no later than fourteen (14) days after receipt. If a complaint requires more time, the User will receive confirmation of receipt within this period and an indication of the term within which a substantive response can be expected.
- Submitting a complaint does not suspend the User’s payment obligation.
- In case of complaints about other Users or transactions, WannaWhisky will mediate where possible, but is not liable for the behavior of Users or the course of mutual agreements.
- If a complaint cannot be resolved through mutual consultation, the User can turn to a disputes committee or the competent court in accordance with Article 14 of these terms.
Article 13: Indemnification
- User indemnifies WannaWhisky against all claims by third parties arising from the use of the platform, placing content, entering into transactions via the platform, or any other acts in violation of these Terms and Conditions or applicable laws and regulations.
- User guarantees that all information, products or offers placed by them do not infringe intellectual property rights, privacy rights or other rights of third parties.
- If WannaWhisky is held liable by third parties for damage or costs related to or arising from acts of the User, the User is obligated to fully indemnify and compensate WannaWhisky both in and out of court, including reasonable legal costs.
- This indemnification does not apply if there is intent or willful recklessness on the part of WannaWhisky.
- This indemnification also applies in the event that WannaWhisky merely acts as an intermediary and the relevant damage or claim arises from the acts or omissions of another User.
Article 14: Final provisions
- These Terms and Conditions remain in force in the event of a change in the name, legal form or ownership of WannaWhisky.
- WannaWhisky is entitled to unilaterally amend these Terms and Conditions. Changes take effect at the moment they are published via the website or otherwise communicated to the User, unless a different date is specified. If the changes appear too far-reaching to the User, the User is entitled to terminate the Agreement with WannaWhisky.
- All legal relationships between WannaWhisky and Users are exclusively governed by Dutch law.
- Disputes arising from or related to the agreement or use of the platform are exclusively submitted to the competent court.
- If one or more provisions of these terms are wholly or partially null and void or are annulled, the remaining provisions remain fully in force. The null and void or annulled provision will be replaced by a provision that approximates the purpose and intent as closely as possible.
- The Dutch text of these terms prevails over translations thereof.
Third Party Policy Documents
WannaWhisky collaborates with external parties that enable integrated functionality on the WannaWhisky platform. By accepting WannaWhisky’s Terms and Conditions, User also agrees to the similar terms of WannaWhisky’s partner organizations.
Stripe
WannaWhisky collaborates with Stripe for identity verification and payment functionality. Read more about Stripe’s:
Artific
WannaWhisky collaborates with Artific for an integrated AI-powered assistant on the Website. Read more about Artific’s: