Terms and Conditions
Please read the following information carefully before placing any bids. All bids are final.
Please verify your information before bidding.
You must be at least 21 years of age to
participate in our auctions.
The property described on this Internet World Wide Web site
will be offered at public auction by WineBid.com Inc. as a marketing agent and
auctioneer on behalf of the Seller under the following terms and conditions:
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Every attempt has been made to describe all property as accurately as possible.
However WineBid.com does not warrant or represent, and denies responsibility for the accuracy of the
descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition
as may be stated on the site. Any and all statements made relating to the property offered on the site
are merely statement of opinion and at no time can be construed as warranties and representations of
fact or assumptions of any liability on the part of WineBid.com.
When a lot description of a bottle includes a photo, the photo may not necessarily show the
actual bottle offered in the lot. If the bottle is described as “in excellent general condition,”
the photo may be a WineBid.com stock photo of a bottle of the specified wine and vintage, though not
the exact bottle offered. Stock photos may be used for bottles that are in “excellent general condition”
but have lightly depressed corks, lightly elevated corks, lightly scuffed capsules, lightly depressed
capsules, lightly wrinkled capsules, lightly worn capsules, lightly scuffed labels, lightly nicked labels
and lightly worn labels.
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Buyer accepts all purchases "as is."
Notwithstanding any other terms of these Conditions of Sale, should WineBid.com
receive any written claims within 21 calendar days of the auction that any
property is with a shortage, or otherwise out of condition, or that any
statement in the web site is without basis, then WineBid.com will judge such
claims through inspection of the property or by any other just means, and may require
the Seller to cancel the sale and may refund the purchase price. At all times the
decision of WineBid.com in its capacity of auctioneer will be final and binding
on all parties.
The wine industry estimates that between 3 and 7 percent of
all wines sealed with natural corks are ruined because of a natural fungus in
corkwood that produces the chemical compound trichloroanisole, or TCA
within the cork. TCA has a distinctive odor resembling moldy newspaper or damp basement. In almost
all cases of "corked" wine, the aroma of the wine is reduced
significantly, and a heavily tainted wine is completely undrinkable. Since all of our wine
is consigned, and much of it very rare, we cannot replace wines that have been ruined because
of cork taint. We do not accept returns of corked wine nor do we refund for corked
wine.
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The term "final bid" as used herein shall refer to
the price at which any lot is knocked down to the Buyer. The purchase price due
from the Buyer shall be the aggregate of the final bid and a premium of 14% of
the final bid, and any applicable sales or use tax. The complete purchase
price, including delivery and a mandatory insurance charge of 1% will be
automatically deducted from the provided credit card. Title to the property
will not pass from Seller to Buyer until full payment is received by
WineBid.com. No property will be released to the Buyer until WineBid.com
receives any applicable state and local taxes or compensating use taxes of
another state that WineBid.com may be required by law to collect. Any
applicable storage or shipping charges must also be received prior to the
release of the property.
All WineBid.com auctions are conducted in US Dollars. The
credit card of each winning bidder will be charged in US Dollars for the hammer
price, Buyer's premium, insurance, and shipping cost. The actual amount to be
paid in your home currency will be determined by the exchange rate used by your
credit card company when you are actually charged.
Buyers Outside of the U.S.
Please Note: WineBid.com reserves the right to require payment by wire transfer
for the full price of purchased wine, buyer’s premium, insurance, applicable
taxes and duties and shipping charges prior to shipping.
- The highest acceptable bid received prior to the end of the
auction date and time shall be from the Buyer, who will assume full risk and
responsibility of the lot.
- Bids submitted to WineBid.com are processed and executed as a
service and convenience to bidders. Neither WineBid.com nor its staff shall be
responsible for any failure to execute such bids or any error relating to the
same.
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Should any Buyer fail to fully comply with these
Conditions of Sale, WineBid.com may hold the Buyer liable for the purchase
price or resell the property after reasonable notice is given to the Buyer. Any
deficiencies attending the resale of property shall be the liability of the
defaulting Buyer, along with any storage or legal fees and any other expenses
or damages incurred by WineBid.com. In the event of non-payment by Buyer, or
non-compliance by Buyer with these Conditions of Sale, WineBid.com reserves the
right to take any and all appropriate or necessary actions including, without
limitation, canceling or rescinding the transaction, reporting the defaulting
Buyer to an appropriate credit reporting agency, charging the Buyer’s credit
card for WineBid.com’s fees and expenses incurred in connection with the
non-compliance (including the costs of the transaction itself), turning any
amounts due and owing over to a commercial collection agency and/or taking any
other action permitted by law. In no event shall WineBid.com be liable for any
incidental or consequential damages to Buyer.
Shipping: All items will be shipped to the Buyer upon
collection of the purchase price and pre-paid shipping charges. All lots are
delivered by Buyer's preferred method of shipping or by WineBid.com's selection
if no Buyer preference is indicated. Buyer shall assume full responsibility for
shipping expenses. This includes shipping costs, packing and handling.
The Buyer is responsible for all duties and customs charges
incurred in shipping purchases from the US
to the Buyer's desired shipping address. To the extent that WineBid.com
provides estimates of shipping, customs and duty charges, these should be
treated as ESTIMATES ONLY. The Buyer is responsible for the actual charges
incurred.
Since the sale of the wine between Seller and Buyer takes place at WineBid.com's
Napa facility the Buyer becomes the owner of the wine prior to its shipment. If
the Buyer has paid the insurance fee to WineBid.com prior to shipment and if
WineBid.com has arranged the shipment on behalf of Buyer using WineBid.com’s
regular shipping accounts, WineBid.com shall reimburse Buyer for any wine that
is lost or broken during shipment. However, WineBid.com will not reimburse
Buyers for lost or damaged shipments if Buyers arrange shipping using their own
accounts. WineBid.com will take all precautions to package the wine
according to industry standards to minimize the possibility of damage. WineBid.com
will use only reputable carriers who will safeguard the shipment as much as possible
given the nature of the commodity. Insurance does not cover any loss or damage due to
exposure to temperature variations, shipping delays, or defect in or failure of any
cork or other bottle closure.
The primary means of distribution will be common carrier. All
wines are to be sold in California
by Seller and title passes to Buyer in California.
WineBid.com makes no representation as to the rights of anyone to import wine
into any state outside of California In the event that a winning bid is placed
by a resident of a state that restricts the personal importation of wine, the
wine will be held at WineBid.com in Napa on behalf of Buyer until Buyer makes
arrangements to ship the lot to an address in a state that permits such
shipments. After 90 days storage charges shall accrue at a rate of $4 per case
or partial case per month, and must be paid prior to release of the wine.
Sales of more than 20 gallons of wine at one time to one Buyer
are presumed by federal regulation to be sales for resale which would require
the Buyer to possess a license authorizing the resale of wine (27 CFR §
194.28); therefore, Winebid.com will not ship more than 20 gallons (75.7
liters, or approximately 8 cases) of wine on a single order unless the Buyer
provides appropriate proof of status authorizing it to resell wine.
The Buyer is solely responsible for shipment of wines. By
participating in these auctions Buyers authorize WineBid.com to act on their
behalf to engage a common carrier to deliver wine to the location the Buyer
specifies. Wines may be sold and delivered only to persons who are at least 21
years old. By placing bids in these auctions, Buyers acknowledge that they are
at least 21 years old, and that the person to whom Buyer's wine will be
delivered is also at least 21 years old. The person receiving delivery will be
required to show identification proving that he or she is at least 21 years
old.
If your shipment is delayed or arrives broken contact
WineBid.com, not the carrier. WineBid.com insures all shipments. In the event
of loss or breakage WineBid.com will handle all claims. Do not contact the
carrier directly. Wines spoiled by changes in temperature cannot be recovered.
Note: Choose your shipping address carefully. We cannot replace wine damaged by
heat or cold exposure.
Special Note: Though every effort is made to describe or
measure the levels of older vintages, corks more than 20 years old begin to
lose their elasticity and levels can change between cataloguing and sale. Old
corks occasionally fail during or after shipment. Buyers must understand that
there is always a risk of cork failure with old wines. Under no circumstances
can an adjustment of price or credit be made after delivery.
- The laws of the state where the auction is held
shall govern the rights and obligations of all parties. WineBid.com is fully
licensed in the States of Illinois and California to perform wine auctions.
- In the United States WineBid.com is bonded. Our
bond number is LPM 8048189.
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