Conditions of Sale

REGISTRATION

By registering, you are representing that you have read and agree to all Shipping and Sales Conditions, including that you are at least 21 years of age and are registering with true and correct information.

RIGHT TO DETERMINE ELIGIBILITY TO BID

VinoAuctions reserves the right to utilize reasonable means to determine that you are eligible to bid and will follow the rules of this auction.

COMMITMENT TO BUY

A bid is considered your commitment to purchase. If you submit a bid, this is considered your acceptance of all auction rules, including your understanding of the Buyer's Premium.

Standard Definitions:

Bidder: Any person participating or making bid on a lot listed on VinoAuctions.com.

Buyer: The individual who makes the highest bid accepted by VinoAuctions on any lot(s) at the close of that auction. 

Buyer’s Expense: All costs or expenses payable by the Buyer in addition to the Purchase Price, in connection with the sale, such as applicable storage costs, shipping, etc.

Buyer’s Premium: The commission payable by the Buyer to VinoAuctions.  Buyer’s Premiums range from 14% down to 11% depending on the final hammer price at the close of the auction. The premium is based on individual lots not the combined invoice total for the winning bidder.

Hammer Price: The bid accepted by the Auctioneer by the fall of the hammer, or in the case of a post-auction sale, the agreed-upon sales price.

Purchase Price: The sum of the Hammer Price, Buyer's Premium, and all applicable taxes.

Reserve: VinoAuctions lists lots with the reserve being the starting bid.

Seller: The person, including agents, personal representatives, and executors, offering a lot or lots for sale.

Auctioneer: The auction is conducted in partnership with Vintage Wine Box.

Terms and Conditions: 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.

Role of Auctioneer: VinoAuctions acts as an agent for the Seller. The contract for the sale of a lot is directly between the Buyer and the Seller. When VinoAuctions is the owner of a lot, it also acts as the Seller.

Seller Participation: 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.

Inclusion of VinoAuctions: The Auctioneer, 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.

Auctioneer's Interests: The passage also notes that 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.

Description: The two sentences related to the Auctioneer's interests are considered part of the description of all lots contained in the auction catalog, making it clear that bidders and buyers should be aware of the potential interests of the Auctioneer in the auction items.

These details provide transparency and set expectations for participants in the wine auction, ensuring they understand the roles and relationships involved in the sale.

If you win lots from VinoAuctions , we will charge your card on file at the conclusion of each auction for all winnings.  Please note that ALL Shipping is handled separately. See our Shipping Information page for more details and contact information.

For any further assistance please contact us via email Consignments@VinoAuctions.com or by phone at 213.761.7963

1. Shipping of Lots: Auction lots and orders can only be shipped in their entirety. This means that each lot must be shipped as a whole and cannot be split or partially shipped.
2. Storage for Non-Pickup: If a Buyer has paid the Purchase Price and all applicable Buyer's Expenses but fails to pick up a purchased or pay VinoAuctions for shipping of said 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.
3. Resale for Non-Pickup: If a purchased lot is not picked up 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.
4. Remedies for Payment Default: 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.
5. Costs of Resale: 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.
6. Right to Offset: 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.
7. Security Interest: In the event of default, the defaulting Buyer is deemed to have granted and assigned to VinoAuctions and its affiliated companies a continuing security interest of first priority in any property or money of or owing to the Buyer in their possession or in the possession of their affiliated companies. VinoAuctions may retain and apply such property or money as collateral security for the obligations due to them or their affiliates.
8. Interest on Unpaid Balances: Unpaid balances on auction invoices will accrue interest at a rate of one-and-one-half percent (1-1/2%) 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.
9. Attorney's Fees and Collection Costs: 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.
10. Joint and Several Liability: 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.
11. No Warranty of Merchantability or Fitness: The auction makes no warranty of merchantability or fitness for a particular purpose on any lot. In other words, there are no guarantees or assurances that the lots are suitable for a specific purpose or that they meet commercial standards.
12. Warranty of Title: The only warranty made by the auction is with respect to the title of the lot. The auction guarantees that it is selling only the right or title to the lot that the Seller may have as of the auction sale date.
13. Lots Sold "As Is": 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.
14. Buyer Assumes All Risks: 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.

• Statements of Opinion: 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.
• Ownership of Photographs and Images: 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.
• Recourse Against the Seller: Bidders have no recourse against the Seller for any reason whatsoever.
• No Warranty of Uninterrupted Service: 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.

ERRORS & PRODUCT NON-AVAILABILITY

VinoAuctions endeavors to accurately represent each item it offers and to deliver all such items to winning bidders. Occasionally, however, we may learn that an item is not available or that information that we have received is inaccurate. We may therefore infrequently be forced to remove an item from auction or modify its description during an auction. In this case, we will notify the current winning bidder(s). Likewise, where we learn of this after the close of auction, we will notify winners and of course refund any purchase price if an item is not available or not desired. In the rare instances where the item received by the winner has not been correctly described in some substantial way, we will work to reach a mutually satisfactory resolution or pay to have the item returned to us and refund charges.

RIGHT TO CHANGE AUCTIONS & RULES

VinoAuctions reserves the right to modify the specifics of any auction, including end date and items offered. In some cases, we may withdraw an item before the auction closes. During the final hours of each auction, we will execute absentee bid submissions from bidders.

VinoAuctions reserves the right to modify the Auction Rules at any time without notice. Such changes will be clearly posted in this section and the one listed above.