LAST UPDATED: September 8, 2023
Welcome, and thank you for your interest in New WineBid Inc ("WineBid," "we," "our," or "us") and our website at www.winebid.com ("WineBid Website"),along with our related websites, hosted services, mobile or other downloadable applications, and other services provided by us (collectively, the "Service"). These Terms and Condition are a legally binding contract between you and WineBid regarding your use of the Service.
ELIGIBILITY NOTICE. YOU MUST BE AT LEAST 21 YEARS OLD TO USE THE SERVICE. BY PLACING BIDS IN OUR AUCTIONS, OR PLACING BUY NOW PURCHASE ORDERS, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 21 YEARS OLD, AND THAT THE PERSON TO WHOM WINE WILL BE DELIVERED IS ALSO AT LEAST 21 YEARS OLD.
AUCTION NOTICE. ALL SALES ARE FINAL AND BIDS CANNOT BE RETRACTED OR CANCELED. NOTE THAT A 17% COMMISSION PAYMENT IS ADDED TO YOUR FINAL PAYMENT AMOUNT UPON WINNING AN AUCTION , DISCUSSED FURTHER BELOW.
ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 18, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND WINEBID ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
SELLING WINE. IF YOU CHOOSE TO SELL WINE (DEFINED BELOW) ON THE SERVICE, YOU MUST ALSO AGREE TO EITHER (i) WINEBID'S SELLER’S AGREEMENT ("SELLER'S AGREEMENT"), WHICH MAY BE PROVIDED TO YOU AS A PHYSICAL COPY FOR YOU TO EXECUTE, OR (ii) WINEBID'S CLICK2CONSIGN AGREEMENT ("C2C AGREEMENT"). BOTH THE SELLER'S AGREEMENT AND C2C AGREEMENT ARE ADDITIONAL TERMS (DEFINED BELOW) AND SUPPLEMENT THESE TERMS. IN THE EVENT THERE IS A CONFLICT BETWEEN THESE TERMS AND THE C2C AGREEMENT OR SELLER'S AGREEMENT, THE TERMS OF THE C2C AGREEMENT OR SELLER'S AGREEMENT WILL PREVAIL.
1. WineBid Service Overview. WineBid provides an online platform for the sale, consignment, auction, and purchase of bottle(s) of wine and related items ("Wine").
2. Eligibility. You must be at least 21 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 21 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration. To access most features of the Service, you must register for an account on the Service ("Account"). When you register for an Account, you may be required to provide us with some information about yourself, including your name and email address. If you wish to participate in Auctions (defined below) or utilize the Buy Now feature (defined below), you will also need to provide certain payment details, including a valid credit card, debit card, or PayPal account ("Payment Details"). You agree that all information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your Account and password, and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you should immediately notify us at firstname.lastname@example.org.
4. Purchasing Wine on the Service
4.1 Purchasing Wine. For more details on Auction terminology used in these Terms and on the Service, please visit https://www.winebid.com/Help/AuctionTerminology. For more information and answers to frequently-asked questions regarding Auctions, please visit https://www.winebid.com/FrequentlyAskedQuestions
4.2 Ownership & Title. Title to and ownership of Wine will pass from Seller (defined below) to Buyer (defined below) in California only upon full payment of the Purchase Price (defined below) or Buy Now Price (defined below), as applicable. Wine is deemed delivered to Buyer in California, except Wine that is delivered pursuant to a direct shipping permit as further described in Section 4.14 . No property will be released to the Buyer’s account at Global Storage Network (see 4.11 below) until WineBid receives any applicable state and local taxes or compensating use taxes of another state that WineBid may be required by law to collect. If you are a Buyer located outside of the U.S., please note that WineBid reserves the right to require payment by wire transfer for the full Purchase Price or Buy Now Price, as applicable, prior to release of Wine to your account at Global Storage Network.
4.3 Auctions. You may be able to view, participate in, and purchase Wine via public, week-long, online auctions listed on the Service (each an "Auction"). The specific Wine up for bidding and purchase in an Auction is called a "Lot." For each Auction, WineBid acts as the auctioneer ("Auctioneer") and agent for the person or entity selling the Lot ("Seller"); the contract for the sale of a Lot is purely between Seller and the person or entity who wins the applicable Auction ("Buyer"). All Auctions are conducted in U.S. dollars. You cannot cancel a bid once placed, and all sales at Auction are final. By participating in an Auction, you agree to accept the Lot "AS-IS." Auctions will include a minimum price threshold (the "Reserve Price"), which must be met in order for the applicable Lot to sell at Auction. A bid cannot be placed that is below the Reserve Price.
4.4 Bidding Process. In order to place a bid in an Auction, you will need to register for an Account and provide approved Payment Details. In order to purchase a Lot at Auction, you must submit the final highest bid ("Final Bid") that is (i) accepted by Auctioneer and (ii) matches or exceeds the Reserve Price. When you place a bid, you are committing to purchase the Lot, and if your bid is the Final Bid, you agree that you will be charged and will remit the Purchase Price (defined below) . Auctioneer may accept, decline, or challenge any bid, and set bidding increments, as Auctioneer determines in its sole discretion. Further, you acknowledge that Auctioneer has the right, but no obligation, to rescind the acceptance of any bid in its sole discretion, and may place previously auctioned Lots back up for Auction regardless of whether bids were previously placed on such Lots. You acknowledge and agree that Auctioneer’s decisions on all bidding disputes are final. Any bid retraction or sale cancellation that may be granted as an exception to these Terms is subject to a processing fee of no more than 10% of the total value of the canceled bid. If Auctioneer chooses to cancel your bid or Final Bid for cause, you may be subject to a processing fee of no more than 10% of the bid or Final Bid. If two bidders tie with the same bid amount, then the earliest bid placed between the two becomes the Final Bid and wins the Auction. You can subscribe to receive email notifications of when you’ve been outbid at https://www.winebid.com/Account/UpdateNotifications, but WineBid is not responsible for failure to provide notification. Please see https://www.winebid.com/Help/BiddingAndBuyNow for more information regarding the bidding process on the Service.
4.5 Max Bid. You may be able to set a maximum amount that you are willing to pay for a Lot ("Max Bid"). If you set a Max Bid, you hereby authorize the Service to automatically increase your bid on your behalf on the applicable Lot you’ve selected up to your Max Bid. Your Max Bid is not visible to other bidders if it is greater than the Reserve Price; however, other bidders will be able to see a bid that has been entered for at least the Reserve Price.
4.6 Bidding on Lots with Multiple Items. Some Lots may contain multiple bottles of Wine, and it is possible to only win a portion of such Lots. When a Lot contains multiple items, your bid will increase automatically on all items in that Lot that you have bid on. Bidders cannot win bottles at different amounts within the same Lot. Your Max Bid will automatically compete on your behalf with the highest bidder on a Lot until their maximum bid is exceeded, or until your Max Bid is reached, even if this is not enough to beat the winning bidder. If your updated bid exceeds all winning bidders' maximum bids, then you will be winning the full quantity you entered at one bid increment above the previous winning bidder's maximum bid amount. If your updated bid is below a winning bidder's maximum bid, then you will still be partially winning, but your winning bid increases to the Max Bid you entered. Winners are determined based on the bid amount. If two bidders tie with the same amount, then the earliest bid placed wins the tie. If you are outbid you can be notified by email by subscribing to outbid notifications, except during Overtime Bidding, when such notifications are not sent. For more information, please visit https://www.winebid.com/FrequentlyAskedQuestions.
4.7 Overtime Bidding. Lots that receive a bid in the last three minutes of the weekly Auction (from 6:57pm PT – 7:00pm PT) are eligible for a separate bidding process called "Overtime Bidding." During Overtime Bidding, there is an initial three-minute window (7pm PT – 7:03pm PT) where eligible bidders ("Overtime Bidders") can place bids. In order to be an Overtime Bidder, you must have (i) already bid on the Lot, or (ii) been tracking the Lot during the regular weekly Auction via the "track" functionality on the applicable Auction page. If there are no new bids after the first three minutes of Overtime Bidding, the Auction will close at 7:03pm PT. If new bids are placed during the first three minutes of Overtime Bidding, then starting at 7:03pm PT, the Auction will continue for 30-second intervals that restart every time a new bid is placed, and the Auction will end at the earlier of (a) when a 30-second interval elapses without a new bid being placed and (b) 7:10pm PT. Outbid and bid confirmation notifications will not be sent during Overtime Bidding. Please see https://www.winebid.com/OvertimeFrequentlyAskedQuestions for more information on Overtime Bidding.
4.8 Auction Purchase Price. If you win an Auction (i.e. have placed the Final Bid), you acknowledge and agree that your Payment Details will automatically be charged (i) the amount of the Final Bid, plus (ii) an additional 17% of the Final Bid to be paid to the Auctioneer as a commission ("Buyer’s Premium" or "Premium"), plus (iii) all applicable taxes (collectively, "Purchase Price" or "Bid Total"). Note that shipping and handling fees are not included as part of the Purchase Price. Payment of the Purchase Price is due at the close of the applicable Auction. If Auctioneer has not received the full Purchase Price within four (4) calendar days of the close of the Auction, your Account will be suspended and you will be considered in breach of these Terms, and the Lot may be put up for Auction again. If the Purchase Price is later received by Auctioneer, WineBid may, in its sole discretion, reinstate your Account.
4.9 Pre-Authorization. In order to ensure the integrity of our Auctions, your Payment Details must be confirmed and preauthorized for all bids that you place. Therefore, you may see activity on your Payment Details after placing a bid. When the Auction closes, your Payment Details will only be charged for the Purchase Price if you’ve placed the Final Bid, and all preauthorization charges will be released. Please see https://www.winebid.com/Help/Payment for more information regarding our preauthorization policy.
4.10 Buy Now. Separately from bidding on and purchasing Wine at Auction, you may immediately purchase certain Wine ("Buy Now Wine") that is advertised and sold at a set price. Upon purchasing Buy Now Wine, your Payment Details will be charged the advertised price plus all applicable taxes (collectively, "Buy Now Price). Note that shipping and handling fees are not included in the Buy Now Price. Payment of the Buy Now Price is due upon confirmation of your purchase of Buy Now Wine. Shipping and handling fees are due in accordance with Section 4.13.
4.11 Wine Storage.
(a) Storage Terms for Buyers: All Wine purchased on the Service will be automatically placed into storage at Global Storage Network ("GSN"), our preferred storage partner. For Wine that you purchase on the Service, GSN will provide free storage on behalf of WineBid for a minimum of sixty (60) days after your purchase. Such storage will be subject to you agreeing to and abiding by the GSN’s Terms and Conditions ("GSN Terms"), which can be found on GSN’s website located at www.globalstoragenetwork.com. International Buyers may have the opportunity to keep Lots that they’ve won stored in France (please see https://www.winebid.com/FrequentlyAskedQuestions for more information). WineBid may also offer various memberships, tiers of service, discounts, rebates and promotions that may provide for longer free or discounted storage services, and/or may apply to pick up and delivery services facilitated by GSN. For more information about Wine storage, pick-up and delivery, please refer to the GSN website, accessible at www.globalstoragenetwork.com.
(b) Storage Terms for Sellers: Unsold Property: Seller’s Wine in WineBid’s possession that does not sell in any Auction or that has been refused or withdrawn during the inspection process for any reason ("Unsold Property"), will be returned to Seller at Seller’s expense. Seller will receive notice from WineBid that Unsold Property is available for shipping or pick up from GSN, and WineBid will pay to store such Unsold Property at GSN without charge for no more than thirty (30) days. Beginning on the first day of the month after such 30 days, Unsold Property will begin to accrue storage fees in accordance with the GSN Terms.
Unless otherwise stated by WineBid or GSN, your Wine will be stored at GSN locations in Napa, California.
4.12 Pick Up or Shipment of Wine. To take physical possession of your Wine, you will need to schedule shipping or pick up from GSN. To do so, please visit the "Shipping & Storage" page in your Account (https://www.winebid.com/Account/GSN/Shipments). For Buyers outside of the United States, (i) WineBid reserves the right to require payment of the Purchase Price by wire transfer prior to releasing your Wine from GSN, and (ii) you may choose to pay by wire transfer to expedite the shipment of Wine to you – please contact email@example.com to arrange a wire transfer. Note that Lots won at Auction are never shipped automatically. Buyers may schedule a pick up appointment for Buyer's purchases at GSN, schedule a shipment through GSN to facilitate delivery to Buyer, or make independent delivery arrangements. Buyer takes all responsibility for Wine being transported from California to Buyer's selected destination.
4.13 Shipping Costs. Note that shipping and handling costs are not included in the Purchase Price or Buy Now Price. All storage and shipping services for Wine purchased on the Service are managed and billed by GSN, and are governed by the GSN Terms, available at www.globalstoragenetwork.com.
4.14 Taxes. For Wine where the expected delivery address is Louisiana, Nevada, New Hampshire, Oregon and Wyoming (collectively, "Direct Shipper States"), WineBid's permits in these states require the collection and remittance of taxes pursuant to each Direct Shipper State’s requirements. Except for these Direct Shipper States, and purchases being delivered to an international address, California sales tax will be charged on all purchases.
4.15 Issues Regarding Your Purchases. YOU ACKNOWLEDGE AND AGREE THAT ALL PURCHASES OF WINE ON THE SERVICE ARE "AS IS." Notwithstanding the foregoing, we encourage you to contact WineBid at firstname.lastname@example.org within 21 calendar days of purchasing Wine to report any issues with your purchase, including issues regarding shortages, condition of the Wine, or inaccuracies of descriptions. If WineBid receives such notice from you within 21 days of your purchase, then WineBid may, in its sole discretion, conduct further investigation into the issue and/or require the Seller to cancel the transaction and refund the Purchase Price.
4.16 Noncompliance. If you fail to fully comply with these Terms, in addition to other remedies provided under these Terms, WineBid may hold you liable for any applicable Purchase Price or Buy Now Price, and reserves the right resell Wine after reasonable notice has been given to you. Any deficiencies attending the resale of such Wine will be solely your liability, along with any storage or legal fees and any other expenses or damages incurred by WineBid. In the event of your non-payment as Buyer, or any other non-compliance by you with these Terms, WineBid reserves the right to take any and all appropriate or necessary actions including, without limitation, canceling or rescinding any transaction, reporting you to an appropriate credit reporting agency, charging your Account or Payment Details for WineBid’s fees and expenses incurred in connection with such 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 will WineBid be liable for any incidental or consequential damages to you.
5. Paid Subscriptions to the Service
5.1 Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges ("Subscription Service"), including WineBid Pro and WineBid Collector (more information is available at https://www.winebid.com/WineBidMembership). The "Subscription Billing Date" is the date when you purchase your first subscription to the Subscription Service. The Subscription Service will begin on the Subscription Billing Date and continue for one year (such period, the "Initial Subscription Period"), and will automatically renew for successive one-year periods (the Initial Subscription Period and each such renewal period, each a "Subscription Period") unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize WineBid or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the "Subscription Fee", please see our membership page at https://www.winebid.com/WineBidMembership . Your Account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before the renewal date in order to avoid billing of the next periodic Subscription Fee to your Account. WineBid or its third-party payment processor will bill the periodic Subscription Fee to your Payment Details. You may cancel the Subscription Service by clicking the "cancel renewal" link on the applicable membership page, or by contacting us at email@example.com.
YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD. SUBSCRIPTION FEES ARE NONREFUNDABLE UNLESS YOU CANCEL YOUR SUBSCRIPTION SERVICE WITHIN THIRTY (30) DAYS AFTER SUBSCRIPTION BILLING DATE OR EACH RENEWAL DATE THEREAFTER.
5.2 Effect upon Cancellation of a Subscription Service. Subject to Section 5.1, if you cancel your Subscription Service, all charged Subscription Fees are non-refundable. If WineBid terminates your Account or otherwise cancels your Subscription Service for any reason other than for cause, WineBid will refund to you a pro-rata portion of any unused Subscription Fees ("Subscription Refund") within 30 days of such termination. Such Subscription Refund will be paid to the Payment Details provided in your Account. WineBid will not be responsible for any delay, failure, or inability to provide you with a Subscription Refund due to any reason out of WineBid’s control, including your failure to provide accurate Payment Details or your failure to otherwise comply with these Terms. If we are unable to pay any Subscription Refund to you because you have failed to provide accurate Payment Details, WineBid will hold your Subscription Refund for up to 12 months. You acknowledge and agree that if you fail to provide updated Payment Details in that time, your Subscription Refund will be forfeited to a charity of our choice.
5.3 Delinquent Accounts. WineBid may suspend or terminate access to the Service, including fee-based portions of the Service, for any Account for which any amount is due but unpaid, including for failure to timely remit a Purchase Price. In addition to the amount due for the Service, a delinquent Account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your Payment Details are no longer valid at the time a renewal Subscription Fee is due, then WineBid reserves the right to delete your Account and any information associated with your Account without any liability to you. The balance of any Account, including any WineBid Wallet (defined below) or Gift Card balance (defined below), represents an unsecured claim against WineBid and is not insured by any third party. If you have an amount owed to WineBid and the amount is not the subject of a dispute, WineBid may debit your Account, including any WineBid Wallet or Gift Card, to offset any amount you owe to WineBid.
6. WineBid Wallet, Gift Cards, and Promotion Codes.
6.1 WineBid Wallet. You may be able to deposit funds into a digital wallet provided on the Service ("WineBid Wallet"). In order to utilize the WineBid Wallet, you must have registered an Account and have provided valid Payment Details. Funds may be deposited into your WineBid Wallet for example by (i) referring a new user to the Service at https://www.winebid.com/Refer, (ii) by redeeming a WineBid-issued gift card ("Gift Card"), or (iii) redeeming a WineBid promotion code ("Promotion Code"). Funds in your WineBid Wallet do not expire and will automatically be applied to Wine purchases, Auctions (defined below), subscriptions, and shipping. We reserve the right to correct the WineBid Wallet balance on your Account if we believe that a clerical, billing, accounting, or other error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your WineBid Wallet balance, please email us at firstname.lastname@example.org. We may conduct an investigation, communicate the results, and correct any verified error. You should closely monitor your transactions, WineBid Wallet balance, and email address that you’ve listed in your Account. WineBid wallet funds are not redeemable for cash.
6.2 Gift Cards. WineBid may allow you to purchase and use Gift Cards on the Service. You acknowledge and agree that WineBid will not be responsible or have any liability to you if your Gift Card is lost, stolen, destroyed or used without your permission. We do not charge any issuance, activation, dormancy, inactivity, or usage fees in connection with Gift Cards. Gift Cards have no expiration date, nor does the value on Gift Cards ever expire. We may terminate these Terms if we determine that you are associated with any fraudulent or unauthorized use of any Gift Card or if you have violated any applicable term.
6.3 Gift Card Limitations. You may not be able to use your Gift Card credits toward certain goods, services or transactions (including the purchase of other Gift Cards), as determined in our sole discretion. Gift Cards may only be used on the Service, and cannot be redeemed for cash, resold or transferred for value (except where permitted by law) . Any unused balance on your Gift Card may not be transferred. We reserve the right not to accept any Gift Card or otherwise limit the use of Gift Card credits if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful. In the event WineBid suspects you have obtained a Gift Card through illegal or fraudulent means, WineBid reserves the right to suspend or terminate your Account and cancel any purchase order or charge you have made, including those made via another payment method. Please contact WineBid immediately at email@example.com if your Gift Card is lost, stolen, or used without your permission.
6.4 Gift Card Risk of Loss. You should treat Gift Cards like cash. Once we electronically transmit a Gift Card to your designated email address, the risk of loss and title for the Gift Card passes to you or the intended recipient (as applicable).
6.5 Promotion Codes. You may be able to use promotional codes ("Promo Codes") issued by WineBid on the Service. We reserve the right not to accept any Promo Code or otherwise limit the use of Promo Codes if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful . In the event WineBid suspects you have used a Promo Code in a fraudulent manner or obtained a Promo Code through illegal or fraudulent means, WineBid reserves the right to suspend or terminate your Account and cancel any purchase order or charge you have made, including those made via another payment method.
7.1 Limited License. Subject to your complete and ongoing compliance with these Terms, WineBid grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; (b) access and use the Service; and (c) to create a hyperlink to the WineBid Website.
7.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; (d) create any links to the Service that portray WineBid or the Service in a false, misleading, derogatory, or otherwise offensive manner; (e) resale or use the Service for commercial purposes; (f) collect or use any product or service listings, descriptions, or prices except as expressly permitted herein; (g) download or copy any account information for the benefit of another merchant or service provider; or (h) use any data mining, robots, or similar data gathering and extraction tools. If you are prohibited under applicable law from using the Service, then you may not use it.
7.3 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant WineBid an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
8. Ownership; Proprietary Rights. The Service is owned and operated by WineBid. The visual interfaces, graphics, design, logos, slogans, trade dress, audio and video clips, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by WineBid ("Materials") are protected by intellectual property and other laws. All Materials included in the Service are the property of WineBid or its third-party licensors, except for any third-party trademarks or other intellectual property displayed on the Service ("Third-Party Marks"). Third-Party Marks are used for reference only and are the property of their respective owners. Except as expressly authorized by WineBid, you may not make use of the Materials. There are no implied licenses in these Terms and WineBid reserves all rights to the Materials not granted expressly in these Terms. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of WineBid or use any metatags or any other "hidden text" utilizing any of the names of WineBid.
9. Third-Party Terms
9.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
10.1 Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device's "settings" page.
10.2 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
11. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
11.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
11.2 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
11.3 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by WineBid;
11.4 interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
11.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
11.6 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
11.7 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 8) or any right or ability to view, access, or use any Materials; or
11.8 attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
12. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes, and note that in some cases we may provide you notice of changes via email. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
13. Term, Termination, and Modification of the Service
13.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2.
13.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, WineBid may, at its sole discretion, terminate these Terms or your Account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your Account and these Terms at any time by contacting customer service at firstname.lastname@example.org.
13.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your Account; (c) you must pay WineBid any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination, all definitions, and Sections 4.16, 5.2, 7.3, 8, 9, 13.3, 14, 15, 16, 17, 18, 19 and 20 will survive. If your Account has been terminated for a breach of these Terms, then you are prohibited from creating a new Account using a different name, email address or other forms of Account verification.
13.4 Modification of the Service. WineBid reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Except as otherwise stated in these Terms, WineBid will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
14. Confidentiality. You agree to maintain the confidentiality of non-public confidential information shared between you and WineBid, including any proprietary information disclosed by WineBid to you that is in written, graphic, or other tangible form. Confidential information includes any information disclosed by WineBid to you regarding your Account, Wine, Auctions, correspondences between you and WineBid, or other non-public information about the Service.
15. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify WineBid, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "WineBid Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
16. Disclaimers; No Warranties by WineBid
16.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING WINE, WINEBID WALLET, AND GIFT CARDS, ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WINEBID DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT, AVAILABLE THROUGH THE SERVICE (INCLUDING WINE, WINEBID WALLET, AND GIFT CARDS), INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WINEBID DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND WINEBID DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
16.2 NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY LOT EXCEPT FOR WARRANTY OF TITLE, AND IN THE CASE OF TITLE, THE AUCTION IS FACILITATING THE SALE OF ONLY THAT RIGHT OR TITLE TO THE LOT THAT THE SELLER MAY HAVE AS OF THE AUCTION DATE. ALL LOTS ARE SOLD “AS IS” AND WITH ALL FAULTS/FLAWS. YOU HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE QUALITY, DESCRIPTION, CONDITION, AUTHENTICITY, AND PROVENANCE OF A LOT.
16.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR WINEBID ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING WINE, WINEBID WALLET AND GIFT CARDS, WILL CREATE ANY WARRANTY REGARDING ANY OF THE WINEBID ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.
16.4 WE STRIVE TO DESCRIBE ALL WINE AND LOTS AS ACCURATELY AS POSSIBLE. HOWEVER, WINEBID DOES NOT WARRANT OR REPRESENT, AND ASSUMES NO RESPONSIBILITY FOR, THE ACCURACY OF ANY DESCRIPTIONS PROVIDED ON THE SERVICES, INCLUDING WITHOUT LIMITATION THE VINTAGE, PROVENANCE, AUTHENTICITY, QUALITY AND CONDITION OF WINE. ANY AND ALL STATEMENTS MADE RELATING TO WINE AND LOTS ARE MERELY STATEMENTS 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. BUYERS OF OLDER AND MORE FRAGILE WINES, AND/OR THOSE SPECIFICALLY PACKED IN FRAGILE, DECORATIVE CONTAINERS, SHOULD BE AWARE OF AND MAKE PROPER ALLOWANCES FOR NATURAL VARIATIONS OF ULLAGE AND FOR ALTERATIONS THAT COULD ARISE IN SHIPMENT. YOU ARE ENCOURAGED TO RESEARCH AND INVESTIGATE WINE PRIOR TO PURCHASE. YOU ACKNOWLEDGE AND AGREE THAT WINEBID IS UNABLE TO CONDUCT COMPLETE DUE DILIGENCE ON ALL WINE, AND DOES NOT REPRESENT OR WARRANT, AND HAS NO RESPONSIBILITY OR LIABILITY FOR, THE ACCURACY OF ANY CATALOGUE DESCRIPTIONS, INCLUDING WITHOUT LIMITATION, VINTAGE, PROVENANCE, AUTHENTICITY, QUALITY AND CONDITION.
16.5 You acknowledge that descriptions of Wine may include stock photos rather than photos of the actual bottle(s). Inquiries regarding a photo should be made prior to placing a bid by contacting customer service at email@example.com.
16.6 The wine industry estimates that between three and seven percent of all wines sealed with natural corks are ruined because of a natural fungus in corkwood that produces the chemical compound trichloro anisole ("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 may be completely undrinkable. Since all Wine auctioned on the Service is consigned, and much of it very rare, you acknowledge and agree that we cannot replace Wine that has been ruined because of cork taint. You acknowledge and agree that we do not accept returns of corked Wine nor do we refund for corked Wine. Though we work diligently 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. You acknowledge and agree that there is always a risk of cork failure during or after shipment of old Wine.
16.7 As described further in these Terms, title passes to Buyer only upon payment of the Purchase Price, and Buyer is responsible for the delivery of purchased Wine. As such, shipping is at Buyer's sole risk, and under no circumstances will an adjustment of price or credit be made after delivery.
16.8 WineBid makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. You warrant that you are solely responsible for the transport of the purchased Wine and for determining the legality and the tax/duty consequences of bringing Wine to your chosen destination. By placing bids in Auctions or Buy Now purchase orders, you represent that you are at least 21 years old, and that the person to whom your Wine will be delivered is also at least 21 years old.
16.10 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 16 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WineBid does not disclaim any warranty or other right that WineBid is prohibited from disclaiming under applicable law.
17. Limitation of Liability
17.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE WINEBID ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, INCLUDING THE WINEBID WALLET AND GIFT CARDS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY WINEBID ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
17.2 EXCEPT AS PROVIDED IN SECTIONS 18.5 AND 18.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE WINEBID ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, INCLUDING THE WINEBID WALLET AND GIFT CARDS, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO WINEBID FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100. IN THE EVENT YOUR GIFT CARD IS NOT FUNCTIONAL, YOUR SOLE REMEDY SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
17.3 YOU, AND YOUR HEIRS, AGENTS, SUCCESSORS AND ASSIGNEES, GENERALLY AND SPECIFICALLY WAIVE AND RELEASE, AND FOREVER DISCHARGE THE WINEBID ENTITIES FROM ANY AND ALL CLAIMS, RIGHTS, DEMANDS AND CAUSES OF ACTIONS AND SUITS, OF WHATEVER KIND OR NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON WINEBID’S NEGLIGENCE, WHETHER IN LAW OR EQUITY, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH YOU MAY CLAIM TO HAVE WITH RESPECT TO AND/OR ARISING OUT OF, OR IN CONNECTION WITH ANY CHALLENGE TO THE TITLE TO ANY GOODS PURCHASED, THE SALE ITSELF, ANY LOT BID UPON OR CONSIGNED, AND/OR THE AUCTION. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER AND RELEASE SHALL BE EFFECTIVE AS A BAR TO EACH AND EVERY CLAIM, DEMAND, CAUSE OF ACTION AND SUIT THAT MAY ARISE HEREUNDER OR BE RELATED TO AN AUCTION, AND YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS IN FULL AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY THEM, WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
17.4 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Dispute Resolution and Arbitration
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WINEBID ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
18.1 Generally. Except as described in Section 18.2 and 18.3, you and WineBid agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
18.2 Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
18.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 within 30 days after the date that you agree to these Terms by sending a letter to New WineBid Inc, Attention: Legal Department – Arbitration Opt-Out, 17837 1st Ave S #7 Normandy Park, WA 98148 that specifies: your full legal name, the email address associated with your Account, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once WineBid receives your Opt-Out Notice, this Section 18 will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
18.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, "JAMS Rules") as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.org, by calling the JAMS at +1-800-352-5267 or by contacting WineBid.
18.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (Notice of Arbitration"). WineBid's address for Notice is: New WineBid Inc, 17837 1st Ave S #7 Normandy Park, WA 98148. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or WineBid may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, WineBid will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.
18.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or WineBid must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
18.7 Arbitration Relief. Except as provided in Section 18.8, the arbitrator can award any relief that would be available if the claims had been brough in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by WineBid before an arbitrator was selected, WineBid will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
18.8 No Class Actions. YOU AND WINEBID AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and WineBid agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
18.9 Modifications to this Arbitration Provision. If WineBid makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to WineBid’s address for Notice of Arbitration, in which case your Account will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
18.10 Enforceability. If Section 18.8 or the entirety of this Section 18 is found to be unenforceable, or if WineBid receives an Opt-Out Notice from you, then the entirety of this Section 18 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 will govern any action arising out of or related to these Terms.
19.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and WineBid submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
19.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
19.6 Territory. The Service may be viewed in the United States and elsewhere, and contains references to products or services not available in all states or countries. References to a particular product or service do not imply that WineBid intends to make such products or services available in all states, countries or other jurisdictions, and nothing on the Service will constitute an offer of any products or services in any jurisdiction, or to any person or entity, if the offer or provision of the products or services would be contrary to applicable law.
19.7 WineBid Information. The Service is offered by New WineBid Inc, located at 17837 1st Ave S #7 Normandy Park, WA 98148. You may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org. WineBid is bonded in the United States, and our Auctioneer /Auction Company surety bond on file with the California Secretary of State is Bond number 106971518. New WineBid Inc conducts auctions in compliance with Section 2328 of the California Commercial Code, Section 535 of the California Penal Code, and the provisions of the California Civil Code.
19.8 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
19.9 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
20. Notice Regarding Apple. This Section 20 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and WineBid only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Our Site's registration requires you to give us contact information, including your name, mailing address, your email address, and a valid payment method. We also collect your IP address to ensure legitimate usage of our Site. We use this information to provide the services requested by you, including the purchasing of products and/or services.
When using our Mobile App, in addition to contact information, we may also collect information relating to your device, including your device model, operating system, browser type, unique device identifier, IP address, mobile phone number, mobile network carrier, location, and the way you are using the Mobile App. The information collected will depend on the functionality of the specific Mobile App you are using. If any other information is collected relating to your use of a Mobile App, such information will be specified in the Mobile App.
We collect certain types of information that may be considered and specifically named "personal data" in certain jurisdictions, included in the European Union ("EU") such as:
If you choose to receive emails from us (see our Opt-in policy below), we will use this data to send you information about our auctions, special offers and other WineBid news. We also use this information to bill you if you use our wine bidding/purchasing or other Services.
If you want to restrict placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available online on various sites (i.e., www.allaboutcookies.org, etc.). By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Site and some of its functionality may be affected. Cookies and similar items are not used by us to automatically retrieve personal identifiable information from your device without your knowledge.
The information we collect is for statistical, communication and customer service purposes only. We may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our Site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas. For Site security purposes and to ensure that this service remains available to all users, we use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
For information used in our analytics, we anonymize the information about you (so that it can no longer be associated with you) for statistical purposes in which case we may use and retain this information indefinitely without further notice to you.
We will not provide any information concerning our users to unaffiliated third parties, unless we are required to provide access to personal information to comply with valid legal processes, such as search warrants, subpoenas, or court orders; or to process and protect our rights and property. We may also make user information available or trace IP addresses in special circumstances, such as where physical safety may be at risk.
This Site has security measures in place to protect the loss, misuse and alteration of the information under our control. These measures include firewall protection, password encryption, and restricted server access. However, none of these measures is absolutely safe or unconditionally guaranteed and these measures may not prevent the loss, misuse or alteration of information. Therefore, we urge all users to exercise caution while using our Site.
All confidential information entered on this Site is secured from access by unauthorized parties through multiple levels of password protection, encryption and other internal processes designed to prevent unauthorized parties from coming into contact with our users' personal information. We support the industry standard SSL mechanism for securing sensitive data traffic. Data is backed up on a regular basis.
While we strive to protect our users' information and privacy, we cannot guarantee the security of any information you disclose online, and you do so at your own risk. You acknowledge that you are aware of security and privacy limitations, including but not limited to: (1) the limitation of security, privacy and authentication measures and features in this system; and (2) that data or information on the Site or server may be subject to hacking, password theft, electronic fraud and contamination by viruses.
None of our products or services is intended for use by anyone under the age of 21 years. Users of our Site are required to verify that they are 21 or older when they register. Therefore, we do not knowingly collect or distribute any information, on anyone under 21.
Our Communications, the Site and Mobile Apps are not designed for or intentionally targeted at children under the age of 13 or anyone under the age of 21. It is not our policy to intentionally collect or maintain information about anyone under the age of 13. If we are made aware that we have received such information in violation of our policy, we will use reasonable efforts to remove that information from our records.
The Site is an Opt-out site. This means that you will receive promotional emails from us unless you opt out during or after account creation. You may change your email preferences at any time by going to your Account and updating it. You may also have us change your email preferences by contacting our Customer Service department.
WineBid will never intentionally send Unsolicited Commercial Email or SPAM. If you suspect a problem or have any questions about this policy, please contact contact us.Use of your personal data for marketing purposes.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing. We do not share your information with outside parties. We do use your information in connection with promotional offers from us. That is, we may use your personal data to form a view on what we think may be of interest to you. You will receive marketing communication from us if you have requested information from us, and if you have not opted out of receiving that marketing.
To Opt-out of any future promotional messages from us, you can update your preferences by going to your Account and Update Email Notifications. Please note that if you opt-out in this manner, certain aspects of the Site may no longer to available to you.
We retain your information for as long as necessary to fulfill the purposes we collected it for. Notwithstanding the duration of the purpose, we may retain your information if necessary to comply with our legal or professional obligations, enforce our agreements, or resolve disputes.
If you email us to schedule a shipment, inquire about your order or other inventory issues, we may retain this email indefinitely. This is so we can recognize and approve any follow-up emails to resolve the issue.
If you choose to register for a Communication or with the Site or a Mobile App, you may access your user profile, correct and update your details, or unsubscribe at any time. If you have any problem accessing your profile or would like to request a copy of your profile, please contact us.
Under applicable law, you may have the right to:
To request deletion of your data, see contact information below.
We will need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
We try to respond to all legitimate requests within 30 days. Depending on your request, it may take us longer if your request is complex or if you have made a number of requests. To exercise your rights, please contact us.Special notices to California residents
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit CCPA.
If you would like to request information on your personal data or have any questions or concerns regarding your privacy while using the Site or a Mobile App, or upon receipt of a Communication, please contact us at email@example.com.
Phone: (888) 638-8968
LAST UPDATED: 09/5/2021
Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, WineBid’s website, www.winebid.com ("Website"), has collected the following categories of personal information from its consumers within the last twelve (12) months:
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||YES|
|C. Protected classification characteristics under California or federal law.||YES|
|D. Commercial information.||YES|
|E. Biometric information.||NO|
|F. Internet or other similar network activity.||YES|
|G. Geolocation data.||YES|
|H. Sensory data.||NO|
|I. Professional or employment-related information.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||NO|
|K. Inferences drawn from other personal information.||YES|
Personal information does not include:
WineBid obtains the categories of personal information listed above from the following categories of sources:
We may use, or disclose the personal information we collect for one or more of the following business purposes:
WineBid may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We share your personal information with the following categories of third parties:
In the preceding twelve (12) months, WineBid has disclosed the following categories of personal information for a business purpose:
We disclose your personal information for a business purpose to the following categories of third parties:
In the preceding twelve (12) months, WineBid has not sold personal information.
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
You have the right to request that WineBid disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
You have the right to request that WineBid delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
California’s "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
WineBid reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
Phone: (888) 638-8968
120 Lakeside Ave
Seattle, WA 98122
LAST UPDATED: 5/1/2023