Terms and Conditions

Terms and Conditions of Use / Consignment Agreement / Terms and Conditions of Shipping, Storage & Collection / Agreement With Bidders & Buyers Of Lots Sold By Consignment/ Contract between Bid for Wine and the Buyer Of Lots Sold By Consignment/ Additional Terms and Conditions

Terms and Conditions of Use

Background

1. Bid for Wine is the trading name of BFW 2018 Ltd, a company registered in England & Wales, Company No. 11183128. Registered Office Address: BFW 2018 Ltd, 220 Queenstown Rd, London, SW8 4LP. All correspondence should be sent to BFW 2018 Ltd, 220 Queenstown Rd, London, SW8 4LP

2. This agreement applies as between you, the User of this Web Site and Bid for Wine ("Bid for Wine", "we" or "us"), the owner of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

3. Unless you and Bid for Wine agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced. This agreement may only be amended if:

a. We give 28 days notice, at the expiry of which the amendments shall automatically become effective or
b. By agreement in writing signed by both parties.

Using Bid for Wine

4.You must:

a. Comply with all applicable laws, statutes and regulations regarding your use of our service and the purchase and sale of alcohol.
b. Be over 18 if operating from within the United Kingdom. If you are operating from outside the United Kingdom you must comply with local laws for the minimum age for buying and selling alcohol.
c. You must have the capacity to form legally binding contracts.
d. If you register as a business you represent that you have the legal capacity to bind that business. If you do not have such capacity you accept that you will become personally liable.
e. You must be legally able to sell the item(s) you list for sale on our site. If you do not qualify, you must not use our services.

5. Bid for Wine allows you to buy or sell wine by auction directly with the other party if, and only if, you have the legal capacity to do so.

a. The sale and purchase of wine in the United Kingdom is subject to strict legal controls. If you are a holder of the relevant licence, then you may trade within the terms of that licence. If you are a trader who does not hold a licence, there are some circumstances in which you may buy and sell alcohol directly, particularly where wine is held in a licensed bonded warehouse or a sale is made to a trader for the purpose of his trade. These rules are set out in S192 of the Licensing Act 2003 and in the government's guidance on this section (see in particular para 3.2 to 3.5).
b. If you are not entitled to deal directly then you must consign the wine to EHD No. 1 Bond, Unit E, Dolphin Estate, Windmill Road, Sunbury On Thames, TW16 7HE (or such other bonded warehouse as we may from time to time nominate) so that the sale may take place from these licensed premises.

6. Bid For Wine allows people to offer, sell, and buy wine and other items and services. We are not a traditional auctioneer and (save in the case of wines sold by consignment) we are not party to the actual transactions between buyers and sellers. We do not review the listings of sellers and we have no control over, and will not be held responsible for:

a. The truth or accuracy of any listing or feedback;
b. The authenticity, quality, safety or legality of any item advertised;
c. The seller's title to the goods or ability to deliver them;
d. The buyer's ability or willingness to complete the transaction;
e. Establishing the identity of a user;
f. The actions or any inactions of any of the users.

7. Bid for Wine cannot and does not confirm that each user is who they claim to be. Although we have established a feedback system to help establish the trustworthiness of whom you are dealing with. You should also make your own enquiries and if you have any concerns you should consider the use of a third party escrow service.

8. You will not hold Bid for Wine responsible for other users' actions or inactions. Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release Bid for Wine (and our agents and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

9. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful.

As a bidder, if you have the highest bid at the end of the auction, at or above the minimum bid price (or in the case of reserve auctions, at or above the reserve price), and your bid is accepted by the seller, you are obliged to complete the transaction. Further, you are obliged to complete the transaction with the seller if you purchase an item through one of our fixed price formats.

Bids are not retractable except in exceptional circumstances such as the seller materially changing the description of the item after your bid or clear typographical errors, or when you can not authenticate the identity of the seller.

We may request that you register a credit/debit card with us prior to bidding. This may be used to collect payment for lots bought via the site where these have been consigned to Bid for Wine. Payment for 'direct' listings will not be collected from registered cards. See also Clause 5 - Contract between Bid for Wine and the Buyer Of Lots Sold By Consignment

10. You must accurately describe your item and all terms of sale on the listing page of our site. All items must be listed in an appropriate category.

11. If a seller receives one or more bids at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), then he is obliged to complete the transaction with the highest bidder, unless there is an exceptional circumstance, such as:

a. the buyer fails to meet the terms of your listing (such as payment method), or
b. you cannot authenticate the identity of the buyer.

Consignment auctions

12. Where a seller uses the option to consign wines for sale using the facilities of EHD Bond, Unit E, Dolphin Estate, Windmill Road, Sunbury On Thames, TW16 7HE (or such other bonded warehouse as we may from time to time nominate) you acknowledge that you have read and agree to our Terms and Conditions of Shipping, Storage & Collection

Misuse of Bid for Wine

13. Bid for Wine may refuse our services to anyone at any time, in our sole discretion.

You are specifically warned that it is an offence to attempt to buy or sell alcohol without the necessary legal authorisation. It is also a serious offence to attempt to buy or sell alcohol upon which the appropriate duty and taxes have not been paid (except when that alcohol is held in bond or duty suspension)

You must not use Bid for Wine to send or attempt to send unsolicited commercial communications (spam). You may not add other Bid for Wine users to your mailing list without their consent. You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for Bid for Wine transaction related purposes that are not unsolicited commercial communications, using services offered through Bid for Wine and other purposes that a user expressly agrees to.

14. Without limiting any other remedies, Bid for Wine may suspend or terminate your account if we have reasonable grounds to believe that.

a. you have abused our rules in any way
b. we are unable to verify or authenticate any information you provide to us; or
c. your actions may cause financial loss or legal liability for you, our users or us.

15. Whilst using the site you will not:

a. manipulate the price of any item or interfere with other users' listings;
b. circumvent or manipulate Bid for Wine's fee structure, the billing process, or fees owed to Bid for Wine;
c. post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
d. take any action that may undermine the feedback or ratings systems (such as displaying feedback information on, or exporting feedback information to, non-Bid for Wine sites, or using it for purposes unrelated to Bid for Wine);
e. transfer your Bid for Wine account (including feedback) and User ID to another party without our express consent;
f. distribute viruses or any other technologies that may harm Bid for Wine, or the interests or property of Bid for Wine users;
g. copy, modify, or distribute Bid for Wine's copyrighted works or trade marks, or other content from the Site, without our express consent; or
h. collect information about users, including email addresses, without their express consent.
i. post, list or upload content or items in inappropriate categories or areas on the Site;
j. breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
k. fail to pay for items purchased by you, unless the seller materially changes the item's description after you place a bid on the item, a clear typographical error is made, or you cannot authenticate the seller's identity;
l. fail to deliver items purchased from you, unless the buyer fails to meet your listing terms, or you cannot authenticate the buyer's identity;
m. be false, inaccurate or misleading;
n. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
o. violate any law, statute or regulation (including, but not limited to, those governing liquor licencing, consumer protection, unfair competition or misleading advertising);
p. be defamatory, libellous, unlawfully threatening or unlawfully harassing;
q. be obscene or post child pornography.
r. create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers or other suppliers;
s. attempt to circumvent the Bid for Wine system by conducting transactions off the Bid for Wine system;
t. use Bid for Wine's system or information to send unsolicited emails or other messages except as specifically related to a particular transaction;
u. abuse or threaten other Bid for Wine users or employees; and
r. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; are concurrently listed for sale on a web site other than Bid for Wine's (this does not prevent linking to or advertising an Bid for Wine item from another web site); or
s. you may not list any item on the site (or engage in any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any law, statute or regulation and you agree to indemnify us for any loss suffered as a result of such actions;
t. You may not email bidders in a currently open auction being run by a different seller, offering similar or the same items at any price level. Shill bidding (when you or someone you know bids to artificially drive the price up) is strictly forbidden. You may not use an alias to place bids on your auction for any reason nor are you allowed to bid on auctions run by family members, housemates, employees or others with whom you have a pre-existing relationship. You may purchase from them via other formats. Breaches of this condition may lead to referral to law enforcement or other authorities.
u. You acknowledge that Bid For Wine reserves the right to monitor any and all communications made to us or using our System.
v. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Bid for Wine site or any auction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
w. You may not display contact details within your auction listings or use a listing tp solicit potential buyers to contact you via any medium other than the Bid for Wine site whilst your auction is progess.
x. Without prejudice to clauses 13 and 15 b & s above, Bid for Wine reserves the right to charge commission and fees at our usual rates on any transactions (whether or not conducted via the medium of Bid for Wine) between users who have traded with one another on the site in the previous six months.

International Customers

16. If Goods are being ordered from outside the purchaser's country of residence, import duties and taxes may be incurred once the Goods reach their destination. Bid For Wine is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. The purchaser of the Goods will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes.

Where you list wines on the site and the wines are lying outside the UK (other than in UK bonded storage), this must be explicitly stated within your auction description.

Intellectual Property

17. Subject to the exceptions in Clause 18 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Bid For Wine, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

Subject to Clause 19 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Bid For Wine.

Third Party Intellectual Property

18. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. Subject to Clause 19 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

Fair Use of Intellectual Property

19. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

Links to Other Web Sites

20. This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Bid For Wine or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Web Site

21. Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.bidforwine.co.uk/ without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Bid For Wine. To find out more please contact us by email at info@bidforwine.co.uk.

Accounts

22. In order to use the services and facilities provided by our website you are required to create an Account which will contain certain personal details and financial information. You are specifically forbidden from opening or attempting to open more than one account, other than where you are operating seperate accounts for your business and personal use. By continuing to use this Web Site you represent and warrant that:

a. all information you submit is accurate and truthful;
b. you have permission to submit Payment Information where permission may be required; and
c. you will keep this information accurate and up-to-date.
d. Your creation of an Account is further affirmation of your representation and warranty.

23. It is recommended that you do not share your Account details, particularly your username and password. Bid For Wine accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Bid For Wine immediately to suspend your Account and cancel any unauthorised purchases that may be pending. In the event that unauthorised use is made of your account Bid For Wine accepts no liability or responsibility for that.

Fees

24. Unless otherwise stated, all fees are quoted in UK pounds sterling. You are responsible for paying all applicable taxes and for all other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time. Invoices will be sent electronically. Our current Fees are set out in our Fees section.

All Bid for Wine fees remain payable whether or not the sale is successfully completed between the buyer and seller.

25. Bid for Wine requires all users to pay their fees by PayPal or credit or debit card. We will request payment for the listing fees for your first sale at the end of the month. Bid for Wine will give 14 days notice of any fees to be charged. Bid for Wine does not have access to a user's credit card details but uses PayPal to process payments.

Licence

26. To enable Bid for Wine to use the information you supply us with so that we are not violating any rights you might have in that information, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. (We need these rights to host and display your content.) Bid for Wine will only use Your Information in accordance with our Privacy Policy.

Privacy

27. We view protection of users' privacy as a very important principle. Bid for Wine will treat all personal data in compliance with the Data Protection Act 1998 (Registration No. ZA114973). A user may request a copy of any personal information held by writing to: The Data Controller, BFW 2018 Ltd, 220 Queenstown Rd, London, SW8 4LP. A fee of £15 will be charged to cover administrative costs.

28. We do not sell or rent your personal information to third parties for their marketing purposes. We use your information only as described in the Bid For Wine Privacy Policy. We use third parties to verify and certify our privacy principles. If you object to your information being transferred or used in this way please do not use our services.

29. Our Site enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, User ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information. You must respect other users' privacy and disclose your privacy and security policies to them. You undertake to offer users the option to be removed from your database and to review the information you have collected about them.

30. You agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information

31. In the interests of preventing fraudulent use of credit, debit and charge cards, we will validate the names, addresses and other information supplied during the registration process against commercially available records (e.g Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By registering with Bid For Wine you consent to such checks being made. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. This is done only to confirm your identity, a credit check is not performed and your credit rating will be unaffected. All information provided will be treated in accordance with the Data Protection Act 1998.

32. If you do not wish us to send to you our newsletter and other marketing communications relating to our business by email, you can click the unsubscribe link in any of our marketing emails to be removed.

Notices

33. Except as explicitly stated otherwise, notices to Bid for Wine shall be sent by registered mail to BFW 2018 Ltd, 220 Queenstown Rd, London, SW8 4LP. We shall send notices to you by e-mail or by registered mail or ordinary mail (in our discretion) to the email address or postal address (as applicable) that you provided to Bid for Wine when you registered as a member of Bid for Wine. Notices sent to you by either e-mail or post shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid.

Assignment

34. In our sole discretion, we may assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.

Governing Law and Dispute Resolution

35. This User Agreement and supplementary agreements shall be governed by and construed in accordance with English law. You and Bid for Wine both agree to submit to the exclusive jurisdiction of the UK Courts. If a dispute arises between you and Bid for Wine, we strongly encourage you to first seek a resolution by contacting customersupport@BidforWine.co.uk. The parties must attempt to resolve the dispute by means of a mediation conducted by a mediation provider accredited by the Civil Mediation Council prior to any further legal action being taken.

Limitation of Liability

35. Bid For Wine accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk. In particular (and without prejudice to the foregoing) Bid For Wine will not be liable in the following circumstances:

a. Any calculation as to potential tax or excise duty liability given on the site is for illustrative purposes only and its accuracy is not guaranteed.
b. In respect of a seller attempting to sell goods which do not comply with their description;
c. In respect of a seller who sells or attempts to sell goods upon which the appropriate taxes and duties have been paid.
d. In respect of a sellers failing to deliver goods.

36. Whilst every effort has been made to ensure that these terms and conditions and those of supplementary agreements adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

37. You and Bid for Wine are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. We and our suppliers provide the Bid for Wine web site and our services "as is" and without any warranty or condition, express or implied. We and our suppliers specifically disclaim the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

38. As far as possible Bid for Wine verifies the identity of all users. However we make no guarantees as to the identity of any user and cannot accept any liability for losses incurred due to fraud or misrepresentation on the part of any user

39. Under no circumstances shall we be liable for lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with this agreement. If, notwithstanding the previous sentence, we are held to be liable, then our liability to you or any third parties in any circumstance is limited to the lesser of

(a) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and
(b) £100.

40. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets out the entire understanding and agreement between us.

41. You agree to indemnify us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, against any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your breach of any law or the rights of a third party.

Consignment Agreement

This agreement applies to all lots consigned to Bid for Wine for sale and applies whether the lots are consigned via our 'auction wizard' or another method.

Title

1. By consigning your lots for sale you warrant that you are the sole owner of the goods and have an unrestricted right to transfer ownership of the items to a Buyer free of all 3rd party rights or claims.

Eligibility for Sale

2. You warrant that the goods are eligible for sale in the UK and that where the goods have been imported in to the UK by you or on your behalf that all applicable taxes and duties have been paid in full.

Condition of the lots

3. You warrant that you have notified us of all circumstances and details (including storage, reconditioning and other such matters) likely to affect the value or quality of the wine consigned as far as these matters are known to you.

Bid for Wine's rights in relation to the sale of the lots

4. Bid for Wine and yourself shall agree a suitable reserve price for your lots. Where the reserve is not mutually agreed between ourselves we will fix a reserve on the basis of our reasonable opinion as to the probable level of bids for the lots. Nothing within this clause shall oblige us to set a reserve price for any lot consigned to us. In our experience, the best selling prices are achieved for lots where no reserve price has been set.

5. Bid for Wine may include an image to illustrate the sale of a lot. Where you have listed a wine for sale prior to consigning it to us or provide an image to us where we are listing the wine on your behalf we reserve the right to edit these images.

6. We may, in our sole discretion, alter the description of any consigned lot including adding tasting notes, modifying references to ullage and similar.

7. We reserve the right to withdraw any lot from sale where we have reasonable doubts about the authenticity, quality, provenance or other matters.

a. We may withdraw a lot from sale where you as seller commit any serious and irremediable breach of this agreement.
b. We may withdraw a lot from sale where we believe that the sale of the lot would potentially expose us to legal claims or damage our commercial reputation.

Claims

9. You agree to indemnify Bid for Wine in the event of any claim against us relating to a lot sold by consignment, other than where this claim relates to any matter directly between Bid for Wine and the Buyer or the Buyer and any representative or agent of Bid for Wine.

Payment of Proceeds

10. We will pay you all proceeds of sale less VAT, commission and any other applicable charges within 30 days or within a reasonable time from the receipt of payment from the buyer where payment has not been received within 30 days.

11. Unless notified otherwise within 14 days from the close of an auction we will reoffer (by auction or fixed price listing) any items consigned to us for sale.

Transport, Shipping and Storage

12. By consigning wines to us for sale you agree to our Terms and Conditions of Shipping, Storage & Collection.

13. Lots sold on consignment may be subject to a buyer's premium of 15%+VAT (or other such rate as may from time to time be advertised as applicable). This will be retained by us for our benefit. Where a buyer's premium is applicable, this will be advertised on the listing.

Terms and Conditions of Shipping, Storage & Collection

These terms and conditions apply to all collections, deliveries and any storage arranged by Bid for Wine.

Prices

1. Shipping prices are non-contractual and may be subject to change without notice.

2. Where storage of lots is required after purchase lots may be transferred to the Bid for Wine reserve account. Where lots are transferred, this will be charged at £2.00 per lot plus storage of 20p per week or part week per case or part case.

3. Prices for delivery after sale include repacking in to suitable protective packaging prior to shipment.

Consolidation of lots for shipment

4. If several consigned lots are purchased together or within a short time frame we will endeavour to ship these items together to minimise transport costs. However we cannot be held responsible for any failure to do this or any additional costs arising from non-consolidation of shipments.

Other methods of shipment

5. Where our advertised delivery methods are not available we reserve the right to use other methods to deliver your wine to you.

6. We may from time to time opt to ship lots within a single consignment via separate methods. Without detriment to clause 4 above, where we opt to split a shipment this will be at our own cost.

Time and speed of Delivery

7. Bid for Wine shall ship goods within a reasonable time from the date of purchase. We aim to dispatch items within 7 days of purchase but where consigned items are sold lying other than at EHD this period may be extended to 21 days.

Lots for Collection or Storage

8. Items can be collected free of charge from EHD London No.1 Bond Limited, Unit A,Vickers Drive North off Avro Way, Brooklands Industrial Park, Weybridge, Surrey, KT13 0YU. A minimum of 48 hours notice is required before collection.

9. Shipping charges may be payable on wines sold lying elsewhere and transferred to EHD for storage or collection.

Insurance & Risk

10. Items consigned to Bid for Wine are insured by Bid for Wine from their arrival at EHD until their sale. Whilst we are able to arrange collections of wine on behalf of consignors, unless otherwise explicitly agreed in writing, shipments are not insured until arrival at our warehouse.

11. Title to the goods passes to the buyer on receipt of cleared funds and goods are held and shipped at buyer's risk once payment has been received.

12. Shipping is arranged at the buyer's or seller's risk. Unless instructed otherwise we will insure shipments organised on behalf of a purchaser against loss or damage. Any sums recoverable under such insurance will be paid over as soon as received, less any excess payable under the policy.

The majority of purchases paid for by credit card may also be insured by your payment provider. No double recovery shall be permitted.

13. All notifications of loss, damage or short delivery must be made to Bid for Wine as soon as possible and confirmed in writing within 7 days of receipt of the goods.

14. No liability or responsibility can be accepted by Bid for Wine, our insurers or agents where goods have been signed for without first being checked, including items signed for as 'unchecked'.

Agreement With Bidders & Buyers Of Lots Sold By Consignment

Definitions:

Auction ‐ The sale of a lot or lot(s) by auction or fixed price ('Buy Now') listing.

Consigned to us for sale ‐ Lots described as 'Sold by Bid for Wine on behalf of....'

Seller ‐ The consignor of the lot or lots for sale

Bidder ‐ Any person placing a bid or bids on a lot or any person purchasing a lot via a 'Buy Now' option

Buyer ‐ The highest bidder at the close of an auction or any person opting to purchase a lot via the 'Buy Now' option

Lot ‐ An identifiable parcel of wine offered for auction. Contracts for sale are for a specific lot.

Buyer's Premium ‐ A percentage charge payable on the selling price of a lot. This will usually be 15%+VAT (18% total) unless otherwise advised on an auction listing.

Our Role

1. Where lots have been consigned to us for sale, Bid for Wine acts solely for and in the interests of the Seller. We do not act for Bidders and do not give advice to Buyers or Bidders. When we make statements about a Lot or provide information about the condition of a lot we do so on behalf of the Seller of the Lot. Bidders may wish to take independent advice on Lots and their value before bidding on them. www.wine-searcher.com can assist Buyers in this respect.

2. Where lots have been consigned to us for sale, the Seller has authorised Bid for Wine to sell their Lot(s) as an agent on behalf of the Seller and Bid for Wine acts only as agent for the Seller. Any statement or representation we make in respect of a Lot is made on the Seller's behalf and any contract for sale is between the Buyer and the Seller and not with us.

3. Bid for Wine does not owe or undertake or agree to any duty or responsibility to you in contract or tort (whether direct, collateral, express, implied or otherwise). If you successfully bid for a lot and buy it or buy a lot via the ‘Buy Now' option, at that stage we do enter into an agreement with you as the Buyer.

Descriptions of lots

4. Each lot is sold by its respective Seller to the Buyer of the Lot as corresponding only with the title of the auction. The remainder of the auction description (given on behalf of the Seller) is about the Lot only and is not part of the contractual description in accordance with which the Lot is sold by the Seller.

a. Where more than one lot is offered within an auction, any photographs are for illustrative purposes only.
b. Where a photograph is not available for a consigned lot Bid for Wine reserves the right to use stock photographs unless these would be unrepresentative of the condition of the lot(s) offered for sale.

The Seller's responsibility to you

5. The Seller does not make or agree to make any representation of fact or contractual promise, guarantee or warranty and undertakes no obligation or duty, whether in contract or in tort (other than to the eventual Buyer as set out herein), in respect of the accuracy or completeness of any statement or representation made by him or on his behalf which is in any way descriptive of any lot or as to the anticipated or likely selling price of any lot. Other than as set out herein, no statement or representation in any way descriptive of a lot is incorporated into any Contract for Sale between a Seller and a Buyer.

Bid for Wine's responsibility to Buyers

6. Bid for Wine does not make or agree to make any representation of fact, and undertakes no obligation or duty (however arising) in respect of the accuracy or completeness of any statement, representation or description made by Bid for Wine or on Bid for Wine's behalf which is in any way descriptive of any lot offered on the site. No statement or representation by Bid for Wine or our behalf in any way descriptive of any lot is incorporated into this agreement.

Alterations

7. Bid for Wine may, at its sole discretion, amend lot descriptions relating to lots sold by consignment before or during a sale. Amendments will be flagged within the description of a lot or auction. Wherever possible we will notify the current high bidder(s) of the changes.

Contracts between the Buyer and Seller and the Buyer and Bid for Wine

8. At the close of an auction or when an item is purchased via a 'Buy Now' option, a contract for sale of the lot will be entered into between the Seller and the Buyer. You will be liable to pay the price bid or the buy now price plus any VAT and duty payable if you require the wine to be removed from Bond.

At the same time, a separate contract is also entered into between Bid for Wine and the Buyer and you agree to pay Bid for Wine any buyer's premium advertised as applicable to the lot.

The Seller's and/or Bid for Wine's liability

9. Other than any liability of the Seller to the Buyer of a Lot under the Contract for Sale, neither we nor the Seller are liable for any error, misdescription or omission in any description of a lot whether contained within the auction description or otherwise, whether given orally or in writing and whether given before or during the running of the auction.

10. Neither we nor the Seller will be liable for any loss of business, profits, revenue or income, or for loss of reputation, or for disruption to business or wasted time on the part of management or staff, or for indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract (if any) or statutory duty, restitutionary claim or otherwise.

11. In any circumstances where we and/or the Seller are liable in relation to any lot or any description, or the conduct of any auction in relation to any Lot, whether in damages, for an indemnity or contribution, or for a restitutionary remedy or otherwise, our and/or the Seller's liability (combined, if both we and the Seller are liable) will be limited to payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot irrespective in any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises from any negligence, other tort, breach of contract (if any) or statutory duty or otherwise.

12. Nothing set out above will be construed as excluding or restricting (whether directly or indirectly) our liability or excluding or restricting any person's rights or remedies in respect of (i) fraud, or (ii) death or personal injury caused by our negligence (or by the negligence of any person under our control or for whom we are legally responsible), or (iii) acts or omissions for which we are liable under the Occupiers Liability Act 1957, or (iv) any other liability to the extent the same may not be excluded or restricted as a matter of law. The same applies in respect of the Seller, as if references to us in this paragraph were substituted with references to the Seller.

Contract between Bid for Wine and the buyer

This contract governs the relationship between Bid for Wine and the Buyer of any lot(s) sold by consignment.

1. This agreement shall be treated as including all clauses above under our notice to bidders.

2. Bid for Wine act as an agent for the Seller and has no responsibility to you for any breach of contract or other default by the Seller.

a. Risk in the goods will pass to the Buyer at the close of the auction in which the goods are purchased or once a Buyer has opted to buy a lot via a buy now option.

3. Title to the goods will remain with the Seller until Bid for Wine has received cleared funds whereon it will pass to the Buyer.

4. We will release the lot(s) to the Buyer on receipt of cleared funds, subject to any rights of retention contained in this agreement which may be held by Bid for Wine or the seller.

5. Payment for wines sold on consignment with Bid for Wine should be received as cleared funds within 7 days of the date of invoice. Where payment has not been received we may debit any credit/debit card you hold on file with us. Where funds are received later than 7 days from invoice, Bid for Wine reserves the right to charge interest at the rates prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 (currently 8 per cent over the Bank of England reference rate). This clause does not apply to invoices where a seller invoices a buyer themselves i.e those for 'direct listings'. Payment can be made by the following methods:

Credit Cards or Debit Card
Bid for Wine reserves the right to levy a 2.5%+VAT surcharge where payment for lots bought from a consignment auction is made using a credit card or a non-UK issued debit card. You will be notified at the time of payment if a surcharge is to be levied.
Bank transfer
You may, by special arrangement, pay for lots by Bank Transfer. Please make any payments to The Wine Trade Ltd, Alliance and Leicester Commercial Bank, Sort Code 72-00-00, Account No. 0617 4469 and include your name and the relevant invoice numbers in the transaction reference.
Where payment is made by Bank transfer, the amount received by Bid for Wine should not be less than the amount invoiced to you. You may need to make additional allowances for bank fees and currency conversions.

7. We may deduct and retain for our own benefit from the monies paid by you to us the Commission payable by the Seller in respect of the Lot as well as any Expenses and VAT and any interest earned until payment to the Seller.

8. Until you have paid the Purchase Price and any Expenses in full the Lot will be either be held by us as agent on behalf of the Seller or held by any warehouse we may use as agent on behalf of the Seller and ourselves on the terms contained in our terms and conditions of Terms and Conditions of Shipping & Storage

9. We will store the lot for you until you request us to arrange delivery of the lot or to make it available for collection. If delivery, collection or longer term storage has not been explicitly arranged with us via the auction completion pages within 2 weeks of a sale you will be charged £2 per week per case or part case for storage.

10. Buyers wishing to collect lots or to have them stored or delivered should refer to our Terms and Conditions of Shipping and Storage

11. If, 3 calendar months after the sale, any lots remain uncollected or undelivered or we have not received explicit instructions via the auction completion pages to store the lots on your behalf, Bid For Wine reserve the right to sell the goods in question to defray storage fees.

12. We will not be liable to you for any loss of business, business profits, revenue or income or for loss of business reputation or for disruption to business or wasted time on the part of the Buyer’s management or staff or, if you are buying the Lot in the course of a business, for any indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract, statutory duty, bailee’s duty, a restitutionary claim or otherwise.

13. Unless you buy the Lot as a Consumer, in any circumstances where we are liable to you in respect of a Lot, or any act, omission, statement, representation in respect of it, or this agreement or its performance, and whether in damages, for an indemnity or contribution or for a restitutionary remedy or in any way whatsoever, our liability will be limited to payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot plus Buyer’s Premium (less any sum you may be entitled to recover from the Seller) irrespective in any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises from negligence, other tort, breach of contract, statutory duty, bailee’s duty, a restitutionary claim or otherwise.

We will not be liable whether in negligence, other tort, breach of contract or statutory duty or in restitution or under the Misrepresentation Act 1967 or in any other way for lack of conformity with or any inaccuracy, error, misdescription or omission in any Description of the Lot or any Entry or Estimate in respect of it, made by us or on our behalf or by or on behalf of the Seller (whether made on our website, by email, in writing or orally, or by conduct or otherwise) and whether made before or after this agreement or prior to or during an auction.

Additional Terms

The following rules and policies are part of this User Agreement and provide additional terms and conditions relating to our services. We expect you to read all of these documents carefully:

Fees

Direct Auctions

Listing Fees

Listing fee (per auction)£ 1.75
Set a starting price£ 0.50
Set a reserve price£ 0.25
Set a buy now price£ 0.50

Commission

Band Value Commission Rate
£1.00-£200.00 8.5% + VAT
£200.01-£1500.00 7.5% + VAT
£1500.01-£2500.00 6.6% + VAT
Over £2500 5.5% + VAT

E.g. for a lot selling at £500:

BandCommission RateCommission Charged
First £2008.5% + VAT£17.00 + VAT
Remaining £3007.5% + VAT£22.50 + VAT
 Total£39.50+VAT
Consignment Auctions

Listing Fees

Listing fee (per lot)£ 3.00
Set a starting price£ 0.50
Set a reserve price£ 0.25
Set a buy now price£ 0.50

Commission

Band Value Commission Rate
Commission charged at a flat rate of 14% + VAT (minimum charge of £12+VAT)

Auction Types – An Overview

Bid for Wine offers three types of auctions

Auction Type 1 - Direct Auction


A direct auction means that you create your auction, you set the length of the auction, and the auction starts as soon as you confirm the auction. Once the auction has finished, an invoice will be generated for you to send to your buyer(s) and payment and delivery must be organised between you and your buyer(s). You can create a direct auction as either:
A single lot auction
A single lot auction is an auction containing only one lot of the item for sale, whether this is one bottle, a case or a mixed case.
A multi lot auction
A multi lot auction is an auction with multiple lots of the same bottle, or multiple lots of the same case of wine, each of which can be sold to a separate buyer. One buyer can bid for as many of the lots as they wish.

direct auctions can also be:

Normal (bidding) auctions
A normal (bidding) auction is an auction where potential buyers bid and compete with each other until the auction ends, and whoever offers the highest price wins.
Buy now auctions
A buy now auction is a sale rather than an auction where you set a price for each lot and people must pay that amount. You can set an end date for the sale but people cannot bid, it is first come first serve - whoever offers the buy now price gets the wine.
Combined buy now and bidding auctions
This ONLY applies to single lot auctions. You can set the auction as a normal bidding auction, but also set a buy now price. This means that people can bid on the auction, but if someone chooses to pay the buy now price, they will override any bids, get the lot and the auction will end. A multi -lot auction must be defined as EITHER a buy now or bidding auction only.

Auction type 2 – Feature Auction

A Feature Auction is a special type of auction created by the Bid for Wine administrators from time to time. Feature Auctions have specific themes and only wines meeting the theme can be submitted.

When a Feature Auction is open for the submission of lots, this will be announced on the homepage. At the close of submissions, a complete list of lots will be emailed to users who have registered their interest in the types of wines included in the feature auction. This ensures your lots receive maximum publicity and have the best possible chance of selling.

Unlike direct auctions, the start and finish date of a Feature Auction is set by the site administrators though the seller retains responsibility for collecting payment for their auction and arranging delivery of the wines.

Bid for Wine will monitor all auctions submitted to the feature auctions - there are no limits to the number of lots that can be included in a feature auction, and your lots are guaranteed to be included as long as they genuinely match the defined criteria. For more information on future feature auctions, please contact us.

Auction Type 3 - Consignment Auction

A Consignment Auction involves Bid for Wine selling your wine for you. They should be used by users who are not satisfied that they are legally able to sell their wine via Direct Auctions and are also suitable for users who do not wish to manage their auctions themselves.

Once the auction has been created, we will ask you to send your wine to our Bonded Warehouse where it will be kept whilst being sold. Once the wine has arrived and been inspected we will start the auction, and, once the lot sells, transfer the proceeds to you less our commission and fees and arrange delivery to the buyer.

Please note that should a lot not sell, you will still be required to pay our minimum commission charge and any listing fees and will be responsible for paying for delivery of the wine back to you unless you choose to re-list the lot.