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WEBSITE TERMS OF USE

Welcome to our website, located at www.winebid.com (this “Site”). Access to and use of this Site, including the opportunity to use or purchase the services offered through this Site, is provided to each user of this Site (“you” or “Customer”), subject to the following terms and conditions of use (the “Website Terms of Use”). PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE WEBSITE TERMS OF USE, WITHOUT MODIFICATION OR QUALIFICATION, AS IF YOU HAD SIGNED AND DELIVERED A WRITTEN AGREEMENT TO THIS EFFECT. If you do not intend to be legally bound by these Website Terms of Use, do not access or use this Site.

New WineBid LLC, d/b/a WineBid (“WineBid”) owns this site and provides wine marketing and related services offered through this Site. The terms “we,” “us,” "our," and “the Company” as used in these Website Terms of Use refer to WineBid and any affiliate or successor entities that may be identified on this Site as providing goods or services through this Site.

You must be at least 21 years of age to order any services from the Company, whether through this Site or otherwise. If you use this Site, you are responsible for maintaining the confidentiality of your account and password, and for protecting and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You may not use a false e-mail or other address, impersonate any person or entity, or otherwise mislead the Company, whether in relation to credit or payment information or any other matter. The Company reserves the right to refuse service or terminate accounts, or cancel orders in its sole discretion, without prior notice. You also agree that we will not be liable to you or to any third party for any such action.

Terms of Service

Wine bidding and purchasing and related matters are also governed by the WineBid Terms of Service accessible at WineBid Terms of Service, and are hereby incorporated into and made part of these Website Terms of Use.

Additional Services

We may offer additional services for Customers that are not covered under our WineBid Terms of Service. These services will be arranged separately with each Customer. These Website Terms of Use, including the WineBid Terms of Service, however, to the extent applicable, will govern except to the extent they conflict with the written arrangements between WineBid and the Customer.

Privacy Policy

Please review our Privacy Policy accessible at Privacy Policy, which is also hereby incorporated into and made part of these Website Terms of Use.

Electronic Communications

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site, and reserve the right to communicate by other means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by via this Site will satisfy any legal requirement that those communications be in writing. Similarly, your acknowledgment or agreement to any terms or arrangements specified by us by electronic means, including, without limitation, by means of any “click-through” or similar agreement, will satisfy any legal requirement that those communications be in writing. E-mail and other electronic communications are not encrypted and may not be secure. Please bear this in mind when transmitting any private or confidential information through this Site or by other electronic means.

Territory

The Site 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 the Company intends to make such products or services available in all states, countries or other jurisdictions, and nothing in this Site 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.

License and Site Access

The Company grants you a nonexclusive, nontransferable, limited right and license to access and make personal use of this Site and the material provided hereon for your personal, noncommercial use, provided that you fully comply with these Website Terms of Use. You agree not to download (other than page caching) or modify this Site, or any portion of it. This license does not include: any rights of resale or commercial use or exploitation of this Site or its contents; any collection or use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant or service provider; or any use of data mining, robots, or similar data gathering and extraction tools. This Site (including any portion of this Site) may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express, written consent of the Company.

Linking to this Site

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Company so long as the link does not portray the Company, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any proprietary graphic, trade name, trademark, or service mark of the Company as part of these links without the express, prior written consent of the Company.

Prohibited Communications

You may not send the Company (or any other person or entity if such communication is through this Site) any e-mail, e-card and other communication, or submit any suggestion, idea, comment, question, or other information, if it is in any manner illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. We may, in our discretion, terminate the rights of any user to visit or utilize this Site as a result of conduct that we deem unacceptable.

Intellectual Property Rights

All content included on this Site (and the compilation of that content) is the property of the Company or its content suppliers and is protected by United States and international copyright laws. The term “Content” includes, but is not limited to: text, design, graphics, logos, button icons, images, audio and video clips, digital downloads, interfaces, data compilations, programs, software, and code. The Company is also the owner of the registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Site (other than any third-party marks or other intellectual property), including, without limitation, WINEBID and the associated logo. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content or other intellectual property contained in this Site. 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 the Company or use any metatags or any other “hidden text” utilizing any of the names of the Company.

Links to Other Web Sites

These Website Terms of Use apply only to this Site, and not to the web sites of any other person or entity. We may provide, or third parties may provide, links to other web sites or resources. You acknowledge and agree that we are not responsible for the availability of such external web sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other web sites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other web site (regardless of whether we directly or indirectly link to such content, advertisements, products, services or other resources). You should direct any concerns with respect to any other web site to that web site’s administrator or webmaster.

Prohibited Actions

By accessing or using the Site, you agree not to do any of the following:

  • Breach these Website Terms of Use;
  • Use the Site in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, to provide false information, or to impersonate other users;
  • Modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of the Site;
  • Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property, personal or proprietary right;
  • Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
  • Post or transmit information or content that is false, hateful, abusive, threatening, libelous, defamatory, harmful to minors, discriminatory, obscene, pornographic or otherwise inappropriate, offensive, illegal, improper or disorderly, or contains or constitutes excessive messages or information;
  • Post or transmit any unauthorized commercial, advertising or promotional materials, including without limitation, “spam” or mass distributions;
  • Upload viruses or other malicious code;
  • Use any scripts, crawlers, bots, or other automated means to access the Site for any purpose without the express written permission of WineBid, or use software to determine architecture of or extract usage data from the Site;
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or that may interfere or attempt to interfere with the proper working of the Site; or
  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.

We reserve the right to set and enforce limits on the amount of data and other content that may be accessed by users of the Site and Services. We may change, limit, suspend, or discontinue any aspect of the Site and Services at any time without prior notice, including the availability of any feature, account, database or content. By using the Site and Services, including without limitation the “WineBid” feature, all users represent and agree that they are using the Site and Services solely for their personal, non-commercial use.

User Content

If you post or submit any content or materials to or through the Site and Services (User Content), you represent and warrant that (1) you own all necessary rights and permissions in such User Content; and (2) said User Content does not violate the intellectual property, proprietary, or personal rights of any person or entity (e.g., the User Content does not infringe any third party’s trademark, copyright, patent or trade secrets, and is not libelous or defamatory) and does not violate any law. You grant the Company a perpetual, nonexclusive, worldwide, royalty-free, sublicensable license to your User Content, which includes without limitation the right for WineBid or any third party it designates to use, copy, transmit, excerpt, modify, publish, translate, create derivative works from, perform, store and display the User Content, in any format or media whether now known or hereinafter developed. You are solely responsible for your User Content and any claims relating to same. However, while WineBid does not and cannot review all User Content and is not responsible for User Content, the Company reserves the right to delete, move, or edit User Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

Fees and Financial Issues

We reserve the right at any time to charge fees for access to features of the Site and Services. However, in no event will you be charged for access to fee-bearing features unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for features of the account services that are now free, we will give you advance notice of such fees. You may cancel your access to fee-bearing features at any time, though we will not prorate the applicable fees. You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You agree to pay all applicable taxes relating to use of the fee-bearing features through your account.

The balance of any accounts with WineBid 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 any of your accounts to offset any amount you owe to the Company.

In the United States WineBid is bonded. Our bond number is 106971518.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

YOU AGREE THAT YOU ARE MAKING USE OF THE SITE AND SERVICES AT YOUR OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU BY WINEBID ON AN “AS IS” AND “AS AVAILABLE” BASIS. WINEBID MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WINEBID HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, WINEBID MAKES NO WARRANTY THAT THE SITE AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WINEBID NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES NOR THEIR RELATED COMPANIES SHALL BE LIABLE FOR:

(i) ANY DAMAGES (UNDER ANY THEORY) RESULTING DIRECTLY OR INDIRECTLY FROM (a) YOUR USE OR MISUSE OF OR YOUR INABILITY TO USE THE SITE AND SERVICES, (b) DELAYS OR DISRUPTIONS IN THE SITE AND SERVICES, (c) ERRORS OR INACCURACIES OF ANY KIND IN THE SITE AND SERVICES, (d) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO THE SITE OR SERVICES, OR (e) ANY SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT BY WINEBID; NOR FOR

(ii) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF OR YOUR INABILITY TO USE THE SITE AND SERVICES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

NOTWITHSTANDING THE ABOVE, IN NO EVENT SHALL WINEBID AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY NOR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF (i) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED TO TOTAL FEES YOU PAID TO WINEBID IN THE 1 MONTH PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR (ii) $50.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE SITE OR THESE WEBSITE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CAUSES OF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.

Indemnification

You agree to indemnify, defend and hold harmless WineBid and its officers, directors, employees, parents, partners, successors, agents, distribution partners, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including interest, penalties, and attorney fees and amounts paid in investigation, defending or settling any of the foregoing) arising out of or related to: (i) your access to or use or misuse of the Site and Services; (ii) your User Content; (iii) any actual or alleged violation or breach by you of these Website Terms of Use or of any representation, warranty or covenant that you have made to WineBid; (iv) your violation of the law; (v) your negligent or willful misconduct; or (vii) your violation of the rights of any third party. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

Dispute Resolution

You and WineBid each agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to these Terms and Conditions, any prior version of these Terms and Conditions, or your use of or access to the Site and Services, will be resolved in accordance with the provisions of this Dispute Resolution section. Please read this section carefully as it affects your rights.

You and WineBid agree to first contact each other with regard to any claim or dispute, and to provide a written description of the problem, all relevant documents/information and the proposed resolution. WineBid will contact users of the Site based on the contact information provided to us. Notice to WineBid must be sent to: New WineBid LLC, 17837 1st Ave. S, PMB #7, Normandy Park, WA 98148.

IF AFTER 60 DAYS THE PARTIES ARE UNABLE TO RESOLVE ANY DISPUTE RAISED UNDER THE PREVIOUS PROVISION, THE PARTIES AGREE THAT THE DISPUTE MUST BE SUBMITTED TO ARBITRATION CONSISTENT WITH THIS DISPUTE RESOLUTION SECTION, EXCEPT THAT YOU MAY ASSERT ELIGIBLE CLAIMS IN SMALL CLAIMS COURT. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

These Website Terms of Use shall be construed and enforced in accordance with, and governed by, the laws of the State of California. Any dispute arising out of or related to these Website Terms of Use, shall be determined by arbitration in San Francisco, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party (as determined by the Arbitrator). The Arbitrator shall have the authority to award compensatory damages (as may be limited by these Terms and Conditions) and reasonable attorneys' fees and cost to the prevailing party (as determined by the Arbitrator), but shall not have the power to award punitive or consequential damages or to amend, modify, expand or excuse performance of any material term of these Terms and Conditions of Sale. The arbitrator shall be required to follow applicable law. The parties acknowledge the arbitration shall have limited discovery as determined by the arbitrator, to be completed within one hundred twenty (120) days after the appointment of the arbitrator. The Arbitrator shall be required to return her decision no later than thirty (30) days after completion of the arbitration hearing and shall include a statement of the findings of facts. The award of the arbitrator may be enforced by any court of competent jurisdiction. You acknowledge and agree that the competent courts of the State of California shall have exclusive jurisdiction, subject to the requirement to arbitrate, over any dispute(s) arising hereunder, regardless of any party's current or future residence or domicile. You further agree that venue shall be in the state and federal courts located in the California counties of San Francisco and/or Napa. These Website Terms of Use and the information on the Site (including but not limited to the WineBid Terms of Service and the Privacy Policy, both of which are hereby incorporated by reference) constitute the entire agreement between the parties hereto on the subject matter hereof and supersede all other agreements, understandings, warranties and representations concerning the subject matter hereof. If any section of these Website Terms of Use or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.

Notwithstanding the foregoing, either of us may bring qualifying claims in small claims court in the counties of San Francisco and/or Napa, California.

Agreement

These Website Terms of Use, (including the WineBid Terms of Service and/or Privacy Policy) as may be amended from time to time in WineBid’s discretion, and Additional Terms (as defined below), govern your access to and use of the Site and Services.

WineBid may revise these Website Terms of Use (and/or the incorporated WineBid Terms of Service and/or Privacy Policy) from time to time and will provide users of the Site with notice of any such changes by posting the new Terms, Agreement, and/or Policy on the Site and providing an updated effective date. By using the Site subsequent to any revision of these Website Terms of Use (including the WineBid Terms of Service and/or Privacy Policy), you agree to be bound by such changes. If you do not agree to anything in these Website Terms of Use (including anything in the WineBid Terms of Service and/or the Privacy Policy, you must immediately terminate use of the Site and Services.

WineBid may, in some instances, need to provide users with operating rules or additional terms that govern the use of parts of the Site (“Additional Terms”). Unless otherwise expressly set forth as part of any such Additional Terms, any such Additional Terms are made in addition to and part of these general Website Terms of Use, and are incorporated herein by reference. Users of the Site agree that WineBid may provide Additional Terms at any time. To the extent any Additional Terms conflict with these Website Terms of Use, the Additional Terms will control.

LAST UPDATED: 09/05/2021

WINEBID TERMS OF SERVICE

Please read the following information carefully before using the WineBid.com website and services (including any WineBid account). By using the WineBid website and services you (as applicable, “you,” “Buyer” and/or “Seller”) agree to these Terms & Conditions and to the WineBid Website Terms of Use and the WineBid Privacy Policy, which are incorporated herein by reference. These Terms of Service are a binding agreement between New WineBid LLC ("WineBid") and you.

You must be at least 21 years of age to participate.
All purchases are final and bids cannot be retracted or canceled.
Buyer’s premium of 17% will be added to the final bid of all auction purchases.

Usage of the WineBid website accessible at www.winebid.com, including all information and content contained therein or accessed thereby (collectively, the "WineBid Website"), and theWineBid online auction services (collectively, with the WineBid Website, the “WineBid Website and Services”) is subject to the following terms and conditions:

  1. Definitions. As used in these Terms of Service, the following words have the meaning set forth below:

    "Auctioneer" means New WineBid LLC as operator of the winebid.com website.

    "Bidder" means any person participating in, making, or attempting to make a bid at an auction sale.

    "Buyer" means the person who makes the highest bid accepted by Auctioneer.

    "Buyer's Expense" means all costs or expenses payable by the Buyer in addition to the Purchase Price in connection with a sale.

    "Buyer's Premium" means the commission payable by the Buyer to the Auctioneer in the amount of 17%.

    "Buy Now" items are those not up for auction, but instead advertised for sale at a set price.

    "Final Bid" means the final winning bid accepted by the Auctioneer and/or the final agreed-upon sale price.

    "Lot" means the item/items up for bidding and purchase in a single transaction.

    "Participant" means a Bidder, Buyer, and/or Seller.

    "Purchase Price" means the sum of the Final Bid, Buyer's Premium, and all applicable taxes, or, in the case of Buy Now items, the advertised price plus all applicable taxes.

    "Reserve" means the confidential minimum Hammer Price at which the Seller has agreed to sell a Lot.

    "Seller" means the person, including agents, personal representatives, and executors, offering a Lot for sale.

  2. The Services are a public wine auction sale ("Auction Sale") conducted by New WineBid LLC ("WineBid"), a bonded auctioneer, as marketing agent on behalf of the Seller. Lots may carry a Reserve. Prior to bidding and/or selling, all participants must read these Terms of Service. By participating in an auction, a Bidder agrees to be bound by these Terms of Service. By offering an item for sale, a Seller agrees to be bound by these Terms of Service. As auctioneer, WineBid acts only as agent for the Seller. The sale contract for the Lot(s) purchased is made directly between the Buyer and Seller.

  3. Every attempt has been made to describe all property as accurately as possible. However, WineBid 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. 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 general conditions and for alterations that could arise in shipment. All Bidders are encouraged to inspect and investigate lots they are interested in prior to purchase. Bidder acknowledges that WineBid is unable to conduct complete due diligence on each lot, and is not representing or warranting, and has no responsibility or liability for the accuracy of the catalogue descriptions, including without limitation, vintage, provenance, authenticity, quality and condition.

    When a lot description of a bottle includes a photo, the photo may not necessarily show the actual bottle offered in the lot. Unless the lot includes inspection notes describing imperfections, the photo may be a WineBid stock photo of a bottle of the specified wine and vintage, though not the actual bottle offered. Stock photos may be used for bottles that are in very good general condition but have lightly depressed corks, lightly elevated corks, light capsule condition issues, and/or light label condition issues or other minor imperfections.

  4. Buyer accepts all purchases “as is.” Notwithstanding any other terms of these Terms & Conditions, should WineBid receive any written claims within 21 calendar days after the auction that any property is with a shortage, or otherwise out of condition, or that any statement in the WineBid Website is inaccurate and/or without basis, then WineBid 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 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 trichloro anisole, 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.

    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 therefore understands, agrees, and fully accepts that there is always a risk of cork failure during or after shipment of old wines. As described further in these Terms & Conditions, title passes to Buyer upon payment of the purchase price, and Buyer is responsible for the delivery of purchased wines. As such, shipping is at Buyer's risk, and under no circumstances can an adjustment of price or credit be made after delivery.

  5. The complete Purchase Price of auction or Buy Now items will be automatically deducted from Buyer's WineBid account (including any WineBid Wallet and WineBid Gift Card) or provided payment method. Title to the property will not pass from Seller to Buyer until full payment is received by WineBid. No property will be released to the Buyer 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.

    All WineBid auctions are conducted in U.S. Dollars. Payment is due at the close of the auction and/or the confirmation of purchase of a Buy Now item. The WineBid account or payment method of each winning bidder will be charged in U.S. Dollars for the hammer price, buyer's premium, and applicable sales or use tax. If payment is not received by 4 days after the close of the auction, bidding will be disabled on the account. Bidding access will be restored on an account after payment is received and after review by the Finance department. The actual amount to be paid in your home currency will be determined by the exchange rate used by your payment method when you are actually charged. Shipping costs are not included on your purchase invoice. All storage and shipping services for wines purchased on WineBid are managed and billed by Global Storage Network (GSN) who is our preferred storage partner. GSN's terms and conditions can be found on its website located at www.globalstoragenetwork.com.

    Buyers Outside of the U.S. Please Note: WineBid reserves the right to require payment by wire transfer for the full price of purchased wine, buyer’s premium, and applicable taxes prior to release to your account at Global Storage Network (GSN), the preferred storage and shipping partner of WineBid.

  6. WineBid may accept or decline any bid, challenge any bid or set bidding increments, as WineBid in its sole discretion shall determine. WineBid shall have the right in its sole and absolute discretion to adjudicate all bidding disputes and shall have the right, but not the obligation, to rescind the acceptance of any bid and place the lot(s) for sale again. WineBid's decision on all bidding disputes shall be binding and final.

  7. 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 immediately upon being deemed Buyer. Bids cannot be retracted or canceled. All purchases 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.

  8. Bids and Buy Now orders submitted to WineBid are processed and executed as a service and convenience to bidders. Neither WineBid nor its staff shall be responsible for any failure to execute such bids or Buy Now orders or any error relating to the same. WineBid reserves the right to bid for its own account on any Lot at any auction, subject to the same terms and conditions applicable to all other Bidders and Buyers.

  9. Should any Participant fail to fully comply with these Terms of Service, WineBid may hold the Participant liable for the purchase price or resell the property after reasonable notice is given to the Participant. Any deficiencies attending the resale of property shall be the liability of the defaulting Participant, along with any storage or legal fees and any other expenses or damages incurred by WineBid. In the event of non-payment by Buyer, or non-compliance by Participant with these Terms of Service, WineBid 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 WineBid account or payment method for WineBid’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 be liable for any incidental or consequential damages to Participant.

  10. Title, Taxes and Delivery

    Title. Title to, and ownership of, all wines passes to Buyer in California upon payment of the purchase price. Wines are deemed delivered to the Buyer in California, except wines which will be delivered pursuant to a direct shipping permit as further described below. Buyer takes all responsibility for wines being transported from California to Buyer’s selected destination. Purchased wines are automatically placed into storage at Global Storage Network (GSN), the preferred storage and shipping partner of WineBid, located in Napa, CA.

    Taxes. For wines 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.

    Pick Up and Delivery. All wines purchased on the site will be automatically placed into storage at Global Storage Network (GSN), the preferred storage and shipping partner of WineBid, located in Napa, CA. Buyer may schedule a pick up appointment for Buyer’s purchases at Global Storage Network (GSN), schedule a shipment through Global Storage Network (GSN) to facilitate delivery to Buyer, or make independent delivery arrangements. Buyer takes all responsibility for wines being transported from California to Buyer’s selected destination.

    For more information about wine storage, pick up and delivery, please refer to the preferred wine storage partner’s website accessible at www.globalstoragenetwork.com.

    Representations. 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 products and for determining the legality and the tax/duty consequences of bringing the products to your chosen destination. By placing bids in these auctions, or placing Buy Now purchase orders, 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.

    Sales for Resale. 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 §31.36); therefore, WineBid will not sell 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.

  11. Storage Terms and Fees:

    Storage Terms - Buyers:

    WineBid will provide free storage at its preferred storage partner Global Storage Network (GSN) for a minimum of thirty (30) days. 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 Global Storage Network (GSN) on behalf of Buyers.

    Storage Terms - Sellers:

    Unsold Property: Seller’s wines in WineBid’s possession that do not sell in any auctions or that have been refused or withdrawn during the inspection process for any reason (“Unsold Property”), will be returned to Seller at Seller’s expense, following notice from WineBid. WineBid will pay to store Unsold Property at our preferred storage partner Global Storage Network (GSN) without charge for no more than thirty (30) days. Beginning on the 31st day after notice to Seller that Unsold Property is available for shipping or pick up, Storage Fees will begin to accrue.

    Unless otherwise stated by WineBid, wines will be stored in Napa, California at Global Storage Network (GSN), WineBid’s preferred storage partner.

  12. The laws of the state where the auction is held shall govern the rights and obligations of all parties. WineBid is fully licensed in the State of California to perform wine auctions. All other claims arising out of or relating to the WineBid Website and Services shall be governed by the laws of the State of California without regard to conflict of law principles.

  13. We reserve the right at any time to charge fees for access to features of the WineBid Website and Services. However, in no event will you be charged for access to fee-bearing features unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for features of the account services that are now free, we will give you advance notice of such fees. You may cancel your access to fee-bearing features at any time; however WineBid will not prorate the applicable fees. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the fee-bearing features through your account.

    WineBid Pro members will be charged an annual membership fee, which is currently $99/year. WineBid Collector members will be charged an annual membership fee, which is currently $49/year. The WineBid Pro and WineBid Collector membership fees may be changed with prior notice to WineBid Pro and WineBid Collector members. WineBid Pro and WineBid Collector memberships will renew automatically each year, and the annual membership fee will be charged to the member until canceled. WineBid Pro and WineBid Collector membership fees are nonrefundable unless canceled by the member within thirty (30) days after the applicable renewal date. By initiating or continuing your WineBid Pro or WineBid Collector membership you agree to these terms

  14. Your WineBid Gift Card cannot be redeemed for cash, resold or transferred for value (except where permitted by law). In addition, it may not be used to purchase other WineBid Gift Cards. Any unused balance on your WineBid Gift Card may not be transferred.

    WineBid is not responsible if your WineBid Gift Card is lost, stolen, destroyed or used without your permission. In the event a WineBid Gift Card is obtained through illegal or fraudulent means, WineBid reserves the right to freeze, void or close the customer’s account and cancel any purchase order or charge any purchase using another payment method. Please contact WineBid immediately if your WineBid Gift Card is lost, stolen, or used without your permission.

  15. LIMITATION OF LIABILITY. WINEBID MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO WINEBID GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT YOUR WINEBID GIFT CARD IS NOT FUNCTIONAL, PLEASE LET US KNOW. YOUR SOLE REMEDY SHALL BE THE REPLACEMENT OF SUCH WINEBID GIFT CARD. WINEBID SHALL NOT BE LIABLE FOR ANY AMOUNT BEYOND THE VALUE OF YOUR WINEBID GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  16. The balance of any accounts with WineBid, including any WineBid Wallet or Gift Card balance, 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 any of your WineBid accounts, including any WineBid Wallet or Gift Card to offset any amount you owe to WineBid.

  17. DISCLAIMER AND WARRANTIES. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY LOT. 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 SALE DATE. ALL LOTS ARE SOLD "AS IS" AND WITH ALL FAULTS/FLAWS. BUYER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE QUALITY, DESCRIPTION, CONDITION, AUTHENTICITY, AND PROVENANCE OF A LOT.

  18. Bidder, for them, their heirs, agents, successors and assignees, generally and specifically waives and releases, and forever discharges WineBid, and its respective affiliates, parents, shareholders, agents, subsidiaries, employees, officers, members of their respective boards of directors, and each of them, and their respective successors and assignees 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 Auctioneer’s negligence, whether in law or equity, whether known or unknown, suspected or unsuspected, which Bidder 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 Sale. It is the intention of Bidder 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 the Auction Sale, and Buyer hereby knowingly and voluntarily waives any and all rights and benefits otherwise conferred upon them 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."

  19. These Terms of Service and the auction shall be construed and enforced in accordance with, and governed by, the laws of the State of California, regardless of the location of the Auction Sale. Any dispute arising out of or related to these Terms of Service, the Auction Sale, or any Lot, with the sole exception of actions by WineBid to collect the Purchase Price and other damages, shall be determined by arbitration in Seattle, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party (as determined by the Arbitrator). The Arbitrator shall have the authority to award compensatory damages (as may be limited by these Terms and Conditions) and reasonable attorneys' fees and cost to the prevailing party (as determined by the Arbitrator), but shall not have the power to award punitive or consequential damages or to amend, modify, expand or excuse performance of any material term of these Terms of Service. The arbitrator shall be required to follow applicable law. The parties acknowledge the arbitration shall have limited discovery as determined by the arbitrator, to be completed within one hundred twenty (120) days after the appointment of the arbitrator. The Arbitrator shall be required to return her decision no later than thirty (30) days after completion of the arbitration hearing and shall include a statement of the findings of facts. The award of the arbitrator may be enforced by any court of competent jurisdiction. Participant acknowledges and agrees that the competent courts of the State of California shall have exclusive jurisdiction, subject to the requirement to arbitrate, over any dispute(s) arising hereunder, regardless of any party's current or future residence or domicile. Bidder further agrees that venue shall be in the state and federal courts located in the California Counties of San Francisco and/or Napa. Participant agrees that any arbitration or legal action with respect to an Auction Sale is barred unless commenced within one (1) year after the date of the Auction Sale. These Terms of Service and the information on the WineBid website(including but not limited to the WineBid Website Terms of Use and the Privacy Policy, both of which are hereby incorporated by reference) constitute the entire agreement between the parties hereto on the subject matter hereof and supersede all other agreements, understandings, warranties and representations concerning the subject matter hereof. If any section of these Terms of Service or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.

  20. WineBid, in its sole discretion, may suspend, limit, hold or place other limitations on your use of the WineBid Website and Services or any WineBid account or credit in any account and WineBid may release credits or funds in any WineBid account to a third party in the event WineBid receives notice of a court order or other legal process that requires such action.

  21. In the United States WineBid is bonded. Our bond number is 106971518. Auctioneer/Auction Company surety bond on file with the California Secretary of State, Bond 106971518. New WineBid LLC 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.

LAST UPDATED: 09/05/2021

Privacy Policy

At WineBid we are committed to maintaining your privacy and security. We will not share your information or email address with any other party, unless required under a court order or to comply with legal or other regulatory laws. This privacy policy discloses our practices regarding information collection and usage solely for the website located at /. This policy does not, however, govern the terms of our relationship or constitute any representation or warranty. The terms of our relationship are governed by our Website Terms of Use accessible at /Help/Terms. Capitalized terms in this Privacy Policy have the meaning ascribed to them in the Website Terms of Use.

This Privacy Policy explains how we protect your information gathered via (1) the Site, (2) downloadable applications accessed from mobile devices with respect to which this privacy policy is posted or linked (“Mobile App or Mobile Apps”) or (3) any other mode of interacting with you relating to WineBid communications, such as emails that reference this privacy policy (“Communications”). By using the Site, Mobile Apps, or continuing to receive Communications, you agree to the use of such information in accordance with this Privacy Policy.

Collecting Information

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:

  • Identity Data, which includes name and username.
  • Contact Data, which includes address, email address and telephone numbers.
  • Financial Data, which includes partial credit card data and expiration date. We do NOT maintain or store credit card information on our Site.
  • Transaction Data, which includes details about the payments to and from you.
  • Technical Data, which includes internet protocol (IP) address, your login data, and device and browser information.
  • Profile Data, which includes your username and password.
  • Marketing and Communications Data, which includes your preferences in receiving marketing material from us.

Email Preferences

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.

Cookies & Data

Our Site and Mobile App use cookies, technology that installs a small amount of text information on a user’s device (to permit a website to recognize future visits using that device.) We use cookies to record your acceptance of our Site’s use of cookies, to preserve your authentication status, to deliver content specific to your interests, and to gather anonymous usage data for analysis. Also, we offer PayPal as a payment method that may use cookies to complete registration. See PayPal’s privacy information at paypal.com.

The Site and Mobile App collects standard Internet log information including your IP address, browser type, access times and referring website addresses. To ensure that the Site, Mobile App and Communications are well managed and to facilitate improved navigation, we may also use cookies to collect aggregated data.

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.

ANALYTICS

We use Google Analytics to track anonymous usage data and to perform analysis on the information collected to help us improve the website. Google Analytics uses cookies to collect information in an anonymous form, including the number of visitors to the website, the User IDs of the visitors, where visitors have come to the site from, and the pages they visit and actions they take while using the site. For further information please visit the  Google Analytics privacy information page. Users may opt out of Google’s anonymous usage tracking by visiting the Google Analytics opt-out page.

Third party vendors, including Facebook and Google, show WineBid ads on sites on the internet and use cookies, web beacons, and other storage technologies to serve ads based on a user’s prior visits to the Site. Users may opt out of the use of Google tracking cookies by visiting the Google advertising opt-out page. For more information on opting out of other forms of interest-based advertising, visit the Network Advertising Initiative opt out page. Facebook users should review the privacy information page at https://www.facebook.com/policy.php

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.

LINKS TO OTHER WEBSITES

This Site sometimes contains links to other sites. WineBid is not responsible for the privacy practices or the content of such sites and expressly disclaims all responsibility and liability for them. You should read and understand the privacy policy of any site you visit, whether through a link from the Site or otherwise.

THIRD PARTY REQUESTS FOR INFORMATION

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.

SECURITY

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.

OUR POLICY REGARDING MINORS

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.

OPT-IN AND OPT-OUT - EMAIL PREFERENCES

The Site is an Opt-in site. This means that it is up to you to choose whether you want to receive promotional emails from us, including weekly auction emails and emails alerting you to special offers that may be of interest to you. You choose which categories of emails you’d like to receive from us when you register. 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.

HOW LONG WE RETAIN YOUR DATA

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.

Your Rights To Your Data

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:

  • access or obtain a copy of the personal information that we have collected about you, or
  • to review, modify, delete personal information,
    • This enables you to check your information and to request corrections or fix incomplete data, though we may need to verify the accuracy of the new data you provide to us.
    • You may also request to have certain personal information deleted. Note, however that we may not always be able to comply with your request to delete information for specific legal or accounting reasons. We will notify you of exceptions when you make your request

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.

CHANGES TO OUR PRIVACY POLICY

We may modify or amend this privacy policy from time to time at our discretion. When we make changes to this privacy policy, we will amend the revision date at the bottom of this page and such modified or amended privacy policy shall be effective to you and your information as of that revision date. We encourage you to periodically review this privacy policy to view any updates.

CONTACT INFORMATION

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 service@winebid.com.

Phone: (888) 638-8968

Email: service@winebid.com

LAST UPDATED: 09/5/2021

CCPA

The Privacy Notice for California Residents supplements the information contained in WineBid’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

INFORMATION WE COLLECT

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:

CATEGORY COLLECTED
A. Identifiers. YES
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:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

WineBid obtains the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Website.
  • From third-party business partners such as analytics providers.

USE OF PERSONAL INFORMATION

We may use, or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our Website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of WineBid’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by WineBid about our Website users is among the assets transferred.
WineBid will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

SHARING PERSONAL INFORMATION

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:

  • Service providers.
  • Data aggregators.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, WineBid has disclosed the following categories of personal information for a business purpose:

  • [Category A: Identifiers.]
  • [Category B: California Customer Records personal information categories.]
  • [Category D: Commercial information.]
  • [Category F: Internet or other similar network activity.]
  • [Category G: Geolocation data.]
  • [Category K: Inferences drawn from other personal information.]

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers.
  • Data aggregators.

Sales of Personal Information

In the preceding twelve (12) months, WineBid has not sold personal information.

YOUR RIGHTS AND CHOICES

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.

Access to Specific Information and Data Portability 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:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

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:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

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.

Response Timing and Format

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.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

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 service@winebid.com.

Changes to Our Privacy Notice

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.

Contact Information

If you have any questions or comments about this notice, the ways in which WineBid collects and uses your information as described above and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: (888) 638-8968

Email: service@winebid.com

Postal Address:
WineBid
120 Lakeside Ave
Suite 320
Seattle, WA 98122

LAST UPDATED: 1/1/2020