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Buyer agrees and acknowledges that their credit card on file will be billed for the winning amount, plus any applicable fees, within 48 hours of the auction close.
The opening bid amount for all auctions shall serve as the reserve price. Reserves are set by VinoAuctions and are agreed to by the consigner.
The auction is conducted by VnoAuctions.com, based in the District of Colombia, and a dba of The Fulfilment Group LLC.
VinoAuctions acts as an agent for the Seller. The contract for the sale of a lot is directly between the Buyer and the Seller. In the event that VinoAuctions is the owner of a lot, it also acts as the Seller.
Sellers, including VinoAuctions, may bid and purchase lots in the Auction Sale that are consigned by other Sellers. This means that Sellers can participate as buyers in the auction.
VinoAuctions reserves the right to include its own wine, as well as wine from affiliated or related companies, principals, officers, or employees, in any Auction Sale. This means that wines from various sources may be part of the auction.
The item contained in the lots open for bidding have, to the best of the Auctioneer’s knowledge and based on information provided by the Sellers, been properly stored and transported. They are currently stored in a temperature- and humidity-controlled facility. (and insured?)
Each bottle has been described as accurately as possible, but it is acknowledged that natural variations in conditions (such as ullage) and alterations that could occur during shipment may affect older and more fragile wines, spirits, or those in delicate containers.
Buyers, especially those interested in older, fragile, or specially packaged items, are encouraged to be aware of these potential variations and allowances they may need to make.
It is the responsibility of the bidder to ensure they are satisfied with the condition and authenticity of the items before biding on the item/lot.
Once a bid has been submitted, it cannot be cancelled.
The Auctioneer, VinoAuctions, does not warrant the accuracy of any lot descriptions, specifically provenance, authenticity, quality, and condition.
Any scores, reviews, etc. on any listing are the opinion(s) of an independent wine writer. They should not be interpreted as representations or warranties of fact. These statements do not imply any assumption of liability on the part of VinoAuctions or the Seller.
Anyone wishing to participate as a bidder on any auction must complete the registration process, including submitting a credit card which will be verified.
Bidders must be at least 21 years old to participate in the auction.
By submitting a bid, the bidder acknowledges that they have read and understood the Terms and Conditions of Auction Sale and the descriptions for the lots on which they are bidding. Furthermore, they agree to adhere to these terms and conditions.
All bidders are personally liable for their bids, whether they are bidding on their behalf or as an agent for someone else.
The agreement to participate in the auction is considered to have been made in the District of Columbia, which establishes the legal jurisdiction.
An invoice shall be sent to a winning bidder which will specify the lot(s) numbers won, amounts, fees, etc.
VinoAuctions determines the start time and date for each auction, as well as the duration, and end date as well as end time. VinoAuctions reserves the right to deny bids for any lot.
All listed wine lots are sold separately to the highest bidder, as determined by VinoAuctions. Each lot represents a separate sale.
Any submitted bid is submitted for the entire lot, never for a portion thereof. If a lot receives no bids at the close of the auction, it is up to VinoAuctions whether or not to alter the contents of the lot – provided all goods within any given lot have been sourced from the same Consigner.
VinoAuctions has the authority to adjudicate all bidding disputes. It also has the right to rescind the acceptance of a bid and place the lot back up for auction at a later date. VinoAuctions decision regarding this issue are final and binding.
Any wine listed in the auction may not be returned for any reason by any bidder, unless otherwise expressly provided in the Terms and Conditions of Auction Sale.
If a material error is discovered in the catalog description of a lot, the lot may be returned under certain conditions. To do so, the buyer must provide written notice to the Auctioneer within seventy-two (72) hours of receiving the lot. The lot must then be returned to the Auctioneer within fourteen (14) calendar days after the written notice. It should be returned in the same condition in which it was delivered to the bidder, including its original wooden cases if applicable. Late returns may result in the revocation of return privileges.
VinoAuctions is not responsible for bidding errors during an auction. Bidders are expected to ensure that they bid on the correct lot and at the intended amount. Once the bid is submitted online, it cannot be reversed, cancelled or adjusted.
VinoAuctions reserves the right to withdraw any lot at any time, until the bidder has taken physical possession of the lot. Bidders do not have the right to claim consequential damages if a lot is withdrawn, even after the auction.
Upon the closing of an auction, title to the wining lots are immediately and directly transferred to the winning bidder. This transfer of title is governed by the laws of the District of Columbia and the Uniform Commercial Code, as acknowledged and accepted by the VinoAuctions.
The highest bidder, upon acquiring title to the lot, assumes full risk and responsibility for the purchased lot. Additionally, the bidder is obligated to pay the Purchase Price and all Buyer Expenses and Fees in accordance with the conditions specified.
Payment is considered complete only when the Auctioneer has collected good funds. The VinoAuctions expects payment to be made in full as specified in the conditions.
If the Buyer fails to pay any or all of the total Purchase Price for a lot, and VinoAuctions chooses to pay the Seller any portion of the sale proceeds, the Buyer acknowledges that the VinoAuctions has the right to pursue the Buyer for the amounts paid to the Seller. This pursuit can be done through legal means or in accordance with the Conditions of Sale.
Lots located and stored within the District of Columbia are considered to have sold and passed title within District of Columbia.
A Buyer’s premium (see the attached rate schedule) of the final price is added to all purchases.
Payment is due immediately upon receipt of notification. It is considered delinquent and in default if not made in good funds within seven (7) days after the Auction Sale, without exception.
Auction sales are strictly cash in U.S. funds payable through a bank in the United States, unless otherwise agreed in writing. For cash transactions exceeding $10,000, Treasury Form 8300 will be filed.
Bidders are advised to contact VinoAuctions for wiring instructions before sending a wire. Lots must be paid for before delivery, and VinoAuctions reserves the right to decline to release lots for which good funds have not been received.
In cases of past-due accounts, VinoAuctions may extend credit and impose periodic charges. Bidder agrees to pay reasonable attorney’s fees and costs incurred to collect on past due accounts.
Payment by Visa, Mastercard, American Express, or Discover may be accepted for bidders whose total purchases for the Auction Sale do not exceed $10,000.
Bids will not be accepted from individuals under twenty-one (21) years of age, without exception.
Bidders personally and unconditionally guarantee payment of the Purchase Price for all purchased lots and any amounts owed to VinoAuctions.
If a corporation is the Bidder, the corporate representative must provide a signed statement from each principal, director, and officer, guaranteeing payment of any and all obligations owed to VinoAuctions.
VinoAuctions may automatically charge a credit card on file if a balance is open past the due date, and they reserve the right to hold paid orders if any past-due amounts are pending.
Once purchased, all lots are at the Buyer’s risk. This includes the responsibility for insurance, which should be arranged with VinoAuctions within seven (7) days after the Auction ends.
All packing, handling, and shipping of the purchased lots are at the Buyer’s risk. VinoAuctions will not be liable for any actions, omissions, or oversights of third-party packers or shippers chosen by the Buyer.
VinoAuctions will not be liable for any risks associated with transporting purchased alcoholic beverages to any jurisdiction outside the District of Columbia.
VinoAuctions will not be liable for any physical movements or damage induced by chosen shipment methods.
Damage to capsules, including wax or other materials, that occurs during the chosen shipment method is not the responsibility of VinoAuctions.
VinoAuctions is not liable for any wine flaws or faults of any kind, including inherent flaws that may have originated at the winery or cork supplier. These faults include ‘cork taint’, TCA, Brettanomyces, volatile acidity, or any other conditions.
Many states impose restrictions on the quantity of alcoholic beverages that can be purchased and brought into their jurisdiction from another state. This means that the Buyer should be aware of and comply with the specific regulations of their state.
In the event of International shipments arranged by the buyer, in some cases, special permits, licenses, fees, or taxes may be required for the Buyer or their chosen shipper to import alcoholic beverages. It is the Buyer’s responsibility to ensure compliance with these requirements.
The Buyer, whether internal or domestic, assumes all responsibility for obtaining any necessary permits or licenses and for paying any associated fees and taxes in their chosen delivery jurisdiction.
Buyers are responsible for all applicable shipping costs, fees, or tariffs associated with their orders, unless previous arrangements have been made with VinoAuctions. Import fees or tariffs may apply to wine purchased outside the United States and imported for US-based buyers.
Auction lots and orders can only be shipped in their entirety to one address. This means that each lot must be shipped as a whole and cannot be split or partially shipped, nor broken up and shipped to different locations.
If a Buyer has paid the Purchase Price and all applicable Buyer’s Expenses but fails to arrange for transport or pay VinoAuctions to ship their lot(s), within twenty-one (21) days of the Auction Sale, the lot will be stored. The storage may occur at VinoAuction’s facility or with a third party, and the expenses for storage will be at the Buyer’s risk and cost.
If shipping is not arranged and executed within six (6) months from the date of the Auction Sale, the Buyer authorizes VinoAuctions to arrange for the resale of the lot. The resale can be done through auction or private sale, with reserves established at the Auctioneer’s discretion. All proceeds from this resale, after deducting the cost of the sale and any unpaid applicable Buyer’s Expenses, will be remitted to the Buyer.
If a Buyer fails to make payment when due, VinoAuctions, in its sole discretion, has the right to take various actions, including rescinding the sale or reselling the lot(s) in a commercially reasonable manner, which may involve a public or private sale.
The defaulting Buyer is responsible for covering the reasonable cost of such a sale, along with any incidental costs, including attorney’s fees, cataloging, a cancellation fee equal to the original buyer’s premium, and other reasonable charges.
VinoAuctions has the right to offset any sums due or found to be due to it or its affiliates and make such offset from any past, current, or future consignments or purchases that are in their possession or control, or from any sums due to the Buyer from VinoAuctions or its affiliates.
VinoAuctions reserves the right to impose interest on unpaid balances on auction invoices which will accrue interest at a rate of three percent (3%) per month until paid in full. If this interest rate exceeds the legal limit, it will be adjusted to the maximum rate permitted by law.
The Buyer is responsible for paying all reasonable attorney’s fees, court costs, and other collection costs incurred by VinoAuctions or any affiliated or related company in the process of collecting past due invoices or enforcing the terms of the auction.
If the winning Bidder for any lot consists of more than one person or entity, each person or entity is jointly and severally liable for all obligations of the Bidder, regardless of their title or capacity.
VinoAuctions makes no guarantees or assurances that any lots are suitable for a specific purpose or that they meet commercial standards.
All lots are sold “as is” and with all faults and flaws. This means that the Buyer should expect and accept the lots in their current condition, with any inherent flaws or issues.
The Buyer takes on all risks related to the quality, description, condition, authenticity, and provenance of a lot. In other words, the Buyer is responsible for assessing and accepting the lot with all its attributes and potential issues.
Any and all claims relating to an item’s quality, description, faults, and authenticity must be made in writing to VinoAuctions within seventy-two (72) hours after receipt of the item. VinoAuctions will render determinations of such in its sole discretion.
VinoAuctions reserves the right to cancel or postpone the auction sale or any session thereof for a reasonable period of time for any reason.
Neither VinoAuctions nor any affiliated or related company shall be responsible for incidental or consequential damages arising from any failure of the Terms and Conditions of Auction Sale or the conduct of the auction. In no event shall their liability exceed the purchase price, premium, or fees paid.
The Terms and Conditions of Auction Sale and the auction itself are construed and enforced in accordance with the laws of the District of Columbia.
All oral and written statements made by VinoAuctions and its employees are considered statements of opinion and are not warranties or representations of any kind, unless specifically stated as a written warranty. No employee or agent of VinoAuctions has the authority to alter or vary the Terms and Conditions of Auction Sale, except in writing and signed by an authorized officer of the company.
Photographs and images taken or produced by VinoAuctions, its employees, affiliates, agents, or contractors are the exclusive creative property of VinoAuctions. They cannot be saved, reproduced, distributed, or used for commercial purposes without the written permission of VinoAuctions.
Bidders have no recourse against the Seller for any reason whatsoever.
Bidders acknowledge that neither VinoAuctions nor its employees, affiliates, agents, third-party providers, or Sellers warrant that auctions will be unimpaired, uninterrupted, or error-free. Accordingly, they shall not be liable for events of this nature.
Participants are required to read and understand the Terms and Conditions of Auction Sale before bidding. These terms outline the rules and regulations governing the purchase of wine at the Auction Sale. The Terms and Conditions can be found in the auction catalog, on the Auctioneer’s website, or posted at the Auction Sale venue.
VinoAuctions may have direct or indirect interests in any of the lots in the Auction Sale and may collect commissions other than the Buyer’s Premium. This indicates that the Auctioneer might have a financial interest in the auction beyond the standard Buyer’s Premium.