Terms and Conditions
Last changed: 10 October 2026
Address, legal, and contact information can be found on our legal details page.
These Terms and Conditions should be read in conjunction with our other policy pages.
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 who uses the platform as a private individual, not in the exercise of a profession or business, 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 service provider through which payments made with Buyer Protection are processed and held, and through which payouts to sellers are made.
- Escrow: the arrangement under which the amount the buyer pays with Buyer Protection is held by Stripe on behalf of WannaWhisky, until WannaWhisky has Stripe release it to the seller or refund it to the buyer as set out in these Terms and Conditions.
- Buyer Protection: the optional payment arrangement available on every advertisement of a seller who has completed the verification procedure, which the buyer can choose during the negotiation. The buyer pays the purchase price, together with a Buyer Protection surcharge, via Stripe; the amount is held in Escrow and released to the seller as set out in Article 5.
- Private Payment: any payment of the purchase price made directly between buyer and seller outside the platform, for example in cash or by bank transfer. WannaWhisky is not involved in a Private Payment, does not receive or hold the money, and cannot refund it.
- Handover: the delivery of the product by the seller to the buyer, either by shipment via a carrier or in person at an agreed time and place.
- 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.
- When creating an account, the User declares that they use the platform as a private individual, not in the exercise of a profession or business. A User who starts to sell in the exercise of a profession or business informs WannaWhisky without delay; WannaWhisky may then suspend or terminate the account (Articles 6 and 7).
- Deviations from these Terms and Conditions are only valid if they have been expressly and explicitly agreed in writing by both parties.
- 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”) for the sale of whisky bottles (the “Offer” or “Products”). This Offer is non-binding and remains valid as long as it is visible on the platform, unless expressly stated otherwise.
- Buyer Protection is available on every advertisement of a seller who has completed the verification procedure on the platform, and the advertisement shows this. Whether Buyer Protection is used is the buyer’s choice alone. A seller who has completed verification accepts that any buyer may choose it, and that the commission referred to in Article 5 then applies.
- A potential buyer can submit a bid on the Offer via the platform, thereby starting a negotiation. When both buyer and seller are inactive for 48 consecutive hours, the negotiation automatically expires.
- An agreement between buyer and seller only comes into effect once one of them has expressly accepted the other’s most recent bid or counteroffer via the designated functionality on the platform.
- Once the agreement has come into effect, the buyer is obligated to pay and the seller is obligated to deliver the product. If Buyer Protection is used, the buyer pays via Stripe, and the amount is held in Escrow until it is released or refunded as set out in Article 5. If Private Payment is agreed, buyer and seller settle the payment between themselves, as set out in Article 5.
- WannaWhisky is not a party to the agreement between buyer and seller. The platform merely facilitates contact between Users and, only where Buyer Protection is used, payment in Escrow via Stripe.
- 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.
- An agreement between buyer and seller on the platform is an agreement between private individuals. The consumer rights of European consumer law, including the right of withdrawal, do not apply to it. This does not affect the agreement between the buyer and WannaWhisky for the use of Buyer Protection.
Article 4: Performance of the agreement
- The agreement between buyer and seller is established via the WannaWhisky platform. Once the agreement has come into effect, the seller is obligated to complete the Handover within a reasonable period, by the method agreed between buyer and seller: by shipment, or in person at the agreed time and place.
- 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.
- If Buyer Protection is used, the purchase price and the Buyer Protection surcharge are held in Escrow until the purchase price is released to the seller, less the commission, or refunded to the buyer, as set out in Article 5.
- Buyer and seller are each obligated to record the condition of the product. Where the product is shipped, the seller takes photographs before packaging and the buyer takes photographs upon unpacking; where the Handover takes place in person, both parties record the condition at the moment of Handover. Users retain this evidence at least until the inspection period has elapsed and provide it to WannaWhisky on request in the event of a dispute or damage claim, via the functionality provided on the platform.
- Where the Handover takes place in person, the buyer is obligated to inspect the product at the moment of Handover. Where Buyer Protection is used, the purchase price remains in Escrow after an in-person Handover, and the inspection period runs from the agreed time of that Handover.
- 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. This does not apply to the inspection period and the appeal period set out in Article 5.
- If necessary, WannaWhisky may engage third parties for the execution of certain technical or administrative parts of platform management.
- The shipping or handover obligation rests entirely with the seller. Where the Product is shipped, the risk of loss or damage remains with the seller until the buyer has received it, unless the loss or damage is attributable to the buyer, for example through an incorrect address, failure to collect a shipment in time, or a shipping method the buyer insisted on. Where the Handover takes place in person, the risk passes at the moment of Handover.
- 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
- The purchase price is paid either with Buyer Protection or by Private Payment. Where Buyer Protection is available, the buyer chooses between the two during the negotiation, and that choice is fixed once the agreement comes into effect. Where it is not available, the purchase price is paid by Private Payment.
- With Buyer Protection, the buyer pays the purchase price, together with the Buyer Protection surcharge, via Stripe within 48 hours after the agreement has come into effect. If the buyer does not pay within that period, the order is cancelled and the advertisement becomes available again. The amount is held in Escrow. The seller is not obliged to hand over the product before the payment has been received.
- With Private Payment, buyer and seller settle the purchase price directly between themselves, for example in cash at an in-person Handover or by bank transfer, at the time and in the manner they agree. WannaWhisky is not a party to a Private Payment: it does not receive, hold, verify or release the money, Escrow and Buyer Protection do not apply, and WannaWhisky cannot make a refund or payout in respect of it.
- WannaWhisky charges the buyer a surcharge, calculated as a percentage of the purchase price, for the use of Buyer Protection. The surcharge is automatically added to the total amount. No surcharge applies to Private Payments. The surcharge is not refunded, also not when the purchase price is refunded.
- On a sale with Buyer Protection, WannaWhisky withholds a commission from the amount to be paid out to the seller. The amount of this commission is clearly communicated prior to creating an advertisement, and before a seller begins the verification procedure. The commission is withheld only from an amount actually paid out; if the purchase price is refunded to the buyer in full, no commission is due.
- With Buyer Protection, the buyer has an inspection period of seven days. It ends at the end of the seventh day (Dutch time) after the date of receipt the buyer gives when confirming receipt or, at an in-person Handover, after the agreed date of that Handover. If the buyer does not confirm receipt of a shipped product, the inspection period ends, for the purpose of the payout, at the end of the fourteenth day after the shipment date the seller has confirmed. If no issue has been reported when the inspection period ends, WannaWhisky pays out the purchase price to the seller, less the commission.
- The buyer can end the inspection period early with the “All good, release payment” function, once the buyer has confirmed receipt or, at an in-person Handover, both parties have confirmed the Handover. WannaWhisky then pays out to the seller without delay, and the buyer can no longer report an issue for that transaction via the platform. The buyer’s statutory rights against the seller are not affected.
- If there is a dispute or damage claim on a transaction with Buyer Protection (for example, a broken bottle), WannaWhisky will make an assessment based on the evidence supplied, such as shipping and receipt photos, and informs both parties of its decision and the reasoning behind it. One appeal can be made per dispute, by the buyer or the seller, within 48 hours of the decision being sent, via the platform. The decision on appeal, or the original decision if no appeal is made in time, is final as regards the amount held in Escrow; it does not affect the rights buyer and seller have against each other under the law. No payout to the seller is made before those 48 hours have passed. When a refund to the buyer is made depends on the case, for example on when the seller receives a returned product, and is stated in the decision. On a transaction with Private Payment, WannaWhisky holds no funds and cannot make that decision; it can mediate between buyer and seller where possible (Article 12), but the dispute remains a matter between them.
- 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 WannaWhisky’s payment service provider. A seller who completes the verification procedure also agrees to Stripe’s terms for connected accounts. WannaWhisky is not liable for acts or omissions by Stripe.
- If a payment made with Buyer Protection 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:
- there is (a suspicion of) a violation of the law or these Terms and Conditions;
- there is uncertainty about the identity or authority of a User;
- there is a dispute between buyer and seller;
- 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 6a: Content, reports and moderation
- Users may not place content on the platform that:
- offers anything other than whisky bottles;
- offers a counterfeit, refilled or tampered bottle as genuine, or otherwise misrepresents a bottle;
- offers a bottle the User does not have or cannot deliver;
- repeats an advertisement already on the platform;
- advertises other services or platforms, or is otherwise spam;
- is intended to mislead or defraud another User, for example by asking for payment by gift card or money transfer service;
- is offensive, discriminatory, threatening or otherwise unlawful;
- contains personal data of others, or photographs of people or identity documents;
- infringes intellectual property or other rights of third parties (Article 10).
- Anyone can report content or conduct they believe breaks these rules or the law: an advertisement, a User, or, by a party to it, a negotiation or order. A report is made through the report function on the platform where it is available, or by writing to info@wannawhisky.com. WannaWhisky confirms receipt of a report and informs the person who made it of its decision. There is no fixed period for handling a report.
- Messages between Users are automatically compared against a list of terms associated with payment methods outside the protection the platform offers. A match never blocks or alters a message, and leads only to review by a person, as described in the privacy policy.
- On the grounds set out in Articles 4, 6, 7 and 10 and in this article, WannaWhisky may remove content, make an advertisement invisible, restrict or suspend an account, or terminate the agreement. Every such measure is taken by a person, and the User concerned receives a statement of reasons by email: which measure was taken, the facts and the rule it is based on, whether automated means were involved, and how to object. A removed advertisement is kept, invisible, for thirty (30) days so that it can be restored if an objection succeeds, and is then deleted.
- The User can object to a measure under Article 12. WannaWhisky answers an objection no later than fourteen (14) days after receipt.
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:
- the User acts in violation of the law, these Terms and Conditions or other applicable rules on the platform;
- there is abuse, fraud, deception or other unlawful acts by the User;
- confidence in the User has been so damaged that continuation of the agreement cannot reasonably be expected of WannaWhisky;
- 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;
- the User is inactive for an extended period and/or does not or insufficiently fulfill their obligations to other Users;
- 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:
- the execution of transactions between Users (buyer and seller);
- the shipment, delivery or quality of whiskies traded via the platform;
- incorrect or incomplete information placed on the platform by Users;
- 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.
- A report of content or of another User’s conduct is handled under Article 6a and is not a complaint within the meaning of this article; an objection to a measure under Article 6a is.
- 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 works with external parties that provide functionality on the WannaWhisky platform. Their own policy documents are linked below for information. A seller who completes the verification procedure agrees to Stripe’s terms for connected accounts, as set out in Article 5.
Stripe
WannaWhisky collaborates with Stripe for identity verification and payment functionality. Read more about Stripe’s: