Kilikanoon, Attunga 1865 Shiraz, Clare Valley 2010

Terms & Conditions

Conditions of Sale - Buying at VinoSelect Auctions

These conditions of Sale and important notices and explanations of cataloging practice set out the terms on which we offer lots listed in our catalogs and online for sale. By registering to bid and/or by bidding online you agree to these terms so you should read them carefully before bidding.

 A. BEFORE THE SALE

1. Description of Lots

(a) Certain words used in the catalog descriptions have special meanings. You can find details of these in the paragraph headed “Condition”

(b) Our descriptions of any lot in the catalog, any condition reports, and any other statement made by us about any lot including about its nature or condition, are our opinion and not to be relied upon as a statement of fact.

2. VinoSelect Auctions Responsibility for description of Lots

We do not provide any guarantee concerning the nature of a lot apart from our authenticity warranty.

3. Condition

(a) The condition of lots sold in our auctions can vary due to factors such as age, and previous damage. Their nature means they may not be in perfect condition. Lots are sold “as is” in the condition they are in at the time of the sale, without any representation or warranty, or assumption of liability of any kind as to condition by VinoSelect Auctions.

(b) Any reference to condition in a catalog entry or a condition report will not amount to a full description of condition and images may not show a lot clearly. Colors and shades may look different in print or on screen from how they look on physical inspection. Condition reports are provided free of charge as a convenience to our buyers and are for guidance only. They offer our opinion but may not refer to all inherent defects.
(c) Please note that VinoSelect Auctions is unable to give verbal condition reports for any lot, and all condition reports will be given in writing in the lot description, or exceptionally via email.
(d) No returns will be accepted. Each lot shall be at the Purchaser's risk from the conclusion of the auction until payment and collection are made.

-Description of the lots

1. Descriptions, ullages, and conditions of wines are described as correctly as possible at the time of the publication of the catalog. Purchasers of old wines must assure themselves regarding ullage levels, labels, etc.

2. Vintages: Where a vintage cannot be ascertained from a label, it may still be noted based on cork branding, cellar records, or other corroborating evidence including other lots from the same source. 

3. Bottle sizes are 75cl unless otherwise stated in the lot description.  

-Abbreviations used in the catalog:

OWC: Original Wooden Case
WC: Wooden Case (non-original)
OC: Original Case

-Abbreviations used concerning the level of wines for Bordeaux style bottles:

Into Neck (IN)
Base of Neck (BN)
Very Top Shoulder (VTS)
Top Shoulder (TS)
High Shoulder (HS)
Mid Shoulder (MS)
Low Shoulder (LS)
Bottom Shoulder (BS) 

4. Estimates

Estimates are based on the condition, rarity, quality, provenance of the lots, and estimated general market prices. Estimates can from time to time change and are not a guarantee of the actual selling price or a lot’s value for any other purpose. Estimates DO NOT include the buyer’s premium or any applicable taxes.

5. Withdrawal

VinoSelect Auctions may withdraw any lot at any time before or during the sale. VinoSelect Auctions has no liability to any potential buyers or other interested parties for any decision to withdraw any lot.

B.  AT THE SALE

1. Reserve Price

Unless otherwise indicated all lots are subject to a reserve. The reserve cannot be more than the low estimate. The reserve price is the confidential minimum price at which the Seller agrees to sell the Lot. In case no bid matches or is above the reserve price, VinoSelect Auctions shall withdraw the lot without adjudging it to anyone. VinoSelect Auctions, however, reserves the right to organize a private sale after the auction, subject to agreement by the Seller for a price below the reserve price.

2. Auctioneers discretion

The auctioneer can at his/her sole option:

(a) refuse any bid

(b) Move the bidding backward or forward in any way he or she may decide.

(c) Withdraw any lot

(d) reopen or continue the bidding even after the hammer has fallen

(e) In the case of error or dispute, cancel the sale or re-open bidding in or after the sale.

3. Bidding

The auctioneer only accepts bids from The Sale Room online platform (no phone, written or internet bids)

4. Bidding on behalf of the seller

The auctioneer may bid on behalf of the seller up to but not including the amount of the reserve. No bids on behalf of the seller will be actioned at or above the reserve.

5. Bid Increments

Bidding usually starts below the low estimate and increases in steps (bid increments). The auctioneer will decide at his or her sole opinion where the bidding should start and the bid increments. Any increments shown on the bid form are for guidance only.

6. Successful Bids

Unless the auctioneer decides to use his/her discretion when the auctioneer's hammer strikes, we have accepted the last bid. This means a contract for the sale of the lot has been formed between the seller and the successful bidder.

We will issue an invoice to the registered bidder who made the successful bid. Whilst we send out invoices by email after the auction, we do not accept responsibility for telling you whether or not your bid was successful. You can contact us by email as soon as possible after the auction to get details of the outcome of your bid.

 C. BUYERS PREMIUM AND TAXES

1. Buyers Premium

In addition to the hammer price, the successful bidder agrees to pay us a buyer’s premium on the hammer price of each lot sold. On all lots, we charge 13.6% plus VAT of the hammer price.

2. Taxes

The successful bidder is responsible for any applicable tax, including any VAT, sales, or equivalent tax wherever they arise on the hammer price and the buyers premium. It is the buyer to ascertain and pay all taxes due.

Please note that all Lots are under Bond and if released for delivery to a UK address will additionally be subject to UK DUTY and VAT at 20% on the hammer price.
Please contact VinoSelect Auctions when receiving the post-sale email to ascertain if the wine is to be removed from Bond or transferred to a bonded account. Buyers of wine to be removed from Bond will be invoiced duty and VAT on the hammer price at the prevailing rates.

 D. WARRANTIES

1. Seller Warranties

For each lot, the seller gives a warranty that the seller:

(a) is the owner of the lot or a joint owner of the lot acting with the permission of the other owner(s).

(b) has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else.

2. Our Authenticity Warranty

We guarantee that the lots in our sales are authentic. If within 30 days from the date of sale, you satisfy us that your lot is not authentic, we will refund the purchase price paid by you (we would expect at least 2 independent specialists recognized by us to provide written evidence that the lot is not authentic and the reasons for their opinion).

 E. PAYMENT

1. How to pay

(a) Immediately following the reception of the invoice you must pay the purchase price being:

(i) the hammer price and

(ii) the buyers premium and

(iii) any duties, VAT, and services taxes

Payment is due no later than by the end of the seventh calendar day following the date of the auction.

(b) We will only accept payment from the registered bidder. Once issued we cannot change the buyer’s name on the invoice or re-issue the invoice in a different name. You must pay immediately even if you want to export the lot and you need an export license.

(c) You must pay for the lots bought at VinoSelect Auctions in USD by following the payment link provided with the final invoice sent by email by VinoSelect Auctions.

(d) You must quote the sale number, your invoice number, and client number when making payment.

(e)For any additional information please contact VinoSelect Auctions by replying to the email you received with the final invoice and payment link.

2. Transferring ownership to you

You will only own the lot once we have received cleared funds and you have paid the invoice in full. We will then release the lot to you.

3. Transferring Risk to you

The risk and responsibility for the lot will transfer to you from whichever is the earlier of the following:

(a) When you collect the lot or

(b) At the end of the 14th day following the end of the auction (the free storage period)

4. In case of non-payment

(a) If you fail to pay us the purchase price in full by the due date, we will be entitled to do one or more of the following (as well as enforce our rights or remedies we have by law)

(i) We can cancel the sale of the lot. If we do this, we may sell the lot again, publicly or privately on such terms we see fit in which case you must pay us any shortfall between the (original) purchase price and the proceeds from the resale. You must also pay all costs, expenses, losses, damages, and legal fees we have had to pay or may suffer.

(ii) we can pay the seller an amount up to the net proceeds payable in respect of the amount bid by your default in which case you acknowledge and understand that VinoSelect Auctions will have all the rights of the seller to pursue you for such amounts.

(iii) we can hold you legally responsible for the purchase price and may begin legal proceedings to recover it together with other losses, interest, legal fees, and costs as far as we are allowed by law.

(iv) we can take what you owe us from any amounts which we may owe you.

(v) We can at our opinion reveal your identity and contact details to the seller's legal representative.

(vi) we can take any other necessary or appropriate action.

(b) if you make payment in full after the due date and we choose to accept such payment we may charge you storage and transport costs from the date that is 14 calendar days following the auction.

5. Keeping your property

(a)If you owe money to us, we can use or deal with any of your property we hold in any way we are allowed to by law. We will only release your property to you after you pay us in full for what you owe. However, if we choose, we can also sell your property in any way we think appropriate. We will use the proceeds of the sale against any amounts you owe us, and we will pay any amount left from that sale to you. If there is a shortfall you must pay us any difference between the amount we have received from the sale and the amount you owe us.
(b) If the information or documents provided by the Buyer on his identity or the identity of the beneficial owner prove to be false, incomplete, ambiguous, or insufficient, VinoSelect Auctions may, in their sole discretion, cancel the sale and pursue the fraudster. The Buyer will be responsible for all costs incurred.

 F. COLLECTION AND STORAGE

(a) We ask that you pay for and collect all purchased lots 14 days after the end of the auction.
(b) No return will be accepted.

(c) If you do not collect a lot within 14 calendar days from the date of auction then unless otherwise agreed in writing:

(i) We will charge you storage charges from that date

(ii) we may sell the lot in any commercially reasonable way we think appropriate.

-STORAGE
Wine and spirits offered for auction by VinoSelect Auctions are stored at LCB Drakelow:

VinoSelect Auctions
c/o LCB Drakelow
Drakelow Tunnels

Kingsford Lane

Wolverley

Worcestershire

DY11 5RZ – United Kingdom

Collections from LCB Drakelow can be made 7 days following the sale, Monday to Friday 9 am to 4.30 pm.  Written notice is required 72 hours in advance of a collection, all collections are subject to payment having been fully received by VinoSelect Auctions. Please contact VinoSelect Auctions to arrange. Please note that LCB Drakelow is not able to deal with customers directly, so all inquiries need to be referred to VinoSelect Auctions.
To arrange long-term wine storage, please contact VinoSelect Auctions.

 G. TRANSPORT, SHIPPING AND TRANSFER

(a) VinoSelect Auctions does not have a shipping department but can recommend several reliable shipping companies. (please see the shipping insert in the auction details)

We are not responsible for the acts of any recommended companies.

(b) All post-sale shipping is solely at the buyer’s expense and includes insurance, postage, import and export permits, and any other license necessary.
(c) Transfer
Warehouse transfers can also be made within the LCB network and to all other UK warehouses if the buyer already has an In Bond account. Transfer arrangements should be confirmed when receiving the VinoSelect Auctions Post-Sale email after the end of the sale. Transfer fees will be the responsibility of the buyer.

 H.  VINOSELECT AUCTIONS RESPONSIBILITY

(a) We give no warranty concerning any statement made, or information given, by us or our employees about any lot other than as set out in the authenticity warranty and as far as we are allowed by law, all warranties and other terms which may be added to this agreement by law are excluded.

(b) We are not responsible to you for any reason other than in the event of fraud or fraudulent misrepresentation by us or other than as expressly set out in these conditions of sale.

(c) Please be aware that online bidding services, condition reports, currency conversion, and any other services are free services, and we are not responsible to you for any errors (human or otherwise)

(d) We have no responsibility to any person other than a buyer in connection with the purchase of any lot.

(e) If despite the terms in previous paragraphs we are found to be liable to you for any reason we shall not have to pay more than the purchase price paid by you to us. We will not be responsible to you for any reason for loss of profits or business, loss of opportunity or value, expected savings or interest, costs, damages, or expenses.
(f) In some auctions, in order to ensure proper information for the Buyer, a currency converter is made available. The data displayed are provided for information only and VinoSelect Auctions assumes no responsibility in this regard.

 I. OTHER TERMS

1. Our ability to cancel.

In addition to the other rights of cancellation contained in this agreement, we can cancel a sale of a lot if we reasonably believe that completing the transaction is, or may be, unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.

2. Copyright

VinoSelect Auctions owns the copyright to all images, illustrations, and written material produced by or for us relating to a lot. You cannot use them without our prior written permission.

3. Personal information
Without your express prior refusal, VinoSelect Auctions will be allowed to keep your personal information and may use it to inform you of our upcoming sales, services, and events.