BottleAuction.com
USER AGREEMENT and CONDITIONS OF SALE.
These Conditions of Sale are Bottleauction.com entire agreement with the purchaser relative to the property listed in our catalogues and online offered for sale. These Conditions of Sale and the contents listed in our catalogues are subject to amendment by us at any time, amendments issued by the posting of notices or by oral announcements made during the auction.
1. The property sold at Auction will be offered by us as agents for the consignor(s). By bidding at the auction, whether in person or by agent, by verbal, written or electronic methods, or by any other means through Bottleauction.com, the buyer agrees to be bound by the following Conditions of Sale:
2. REGISTRATION. All bidders for Bottleauction.com auctions must be a registered user registered with Bottleauction.com.
3. TOTAL PURCHASE PRICE. The total purchase price of each lot owed by the purchaser is the amount of the SUCCESSFUL BID PLUS A BUYER'S PREMIUM of 10%. Unless exempt by law, all purchases (including a buyer's premium) are subject to local California sales or use tax OF (8.75%) for California residents with a shipping destinations. NO TAX FOR OUT OF STATE BUYERS.
4. Bottleauction.com, if requested, will coordinate and combine the shipping of purchases per buyer's instructions as soon as full payment has been received. Out-of-state buyers should anticipate a two to three week allowance for delivery unless other arrangements are made.
5. I further understand that I am responsible for all the packing and shipping costs associated with my purchases. All Shipping will be done using USPS Priority Mail / insured for the winning bid price or USPS Registered mail which ever is the least expensive for the buyer.
6. PURCHASER'S RESPONSIBILITY. Upon the fall of the auctioneer's hammer, title transfers immediately to the highest acknowledged bidder subject to the Bottleauction.com Conditions of Sale agreement. Such bidder/purchaser assumes full risk and responsibility for the lot(s) and will pay the full purchase price, a 10% bidder's premium and any applicable local tax (8.75%)
7. PAYMENT MUST BE MADE within 14 days of the close of the auction won. Payment must be received and processed before purchases can be removed and/or shipped.
8. NON-PAYING BIDDERS. If the successful bidder fails to comply with these previously agreed upon Conditions of Sale through non-payment, Bottleauction.com would send the non-paying bidder a warning at the 21-day mark. A notation will be inserted in the bidder's file for future auctions that they were a slow payer. If the bidder fails to pay altogether (within 31 days), they will be banned from bidding from future bidding on any future lots offered by Bottleauction.com. Furthermore, if the bidder/winner does not comply with these conditions, then the bidder shall be in default of this agreement and hereby agrees that Bottleauction.com shall be damaged in the full sum of fifty (50%) percent of the amount that was bid at the sale, which shall be considered not as a penalty but as liquidated damages. It is hereby agreed that in the event any payment due under these Conditions of Sale is not paid when due, the bidder authorizes the Clerk or any attorney of any court of record to appear for him and enter judgment by confession for the amount of the liquidated damages as set forth herein, plus court costs and attorney's fees equal to fifty (50%) percent of the bid price. In addition to remedies available to us and the consignor by law, including without limitation the right to hold the purchaser liable for the total purchase price, we may at our option cancel the sale and resell the property if the item has not been paid for within 14 days after the close of that particular auction, and the original purchaser will be liable for any deficiency and added cost encored by bottleauction.com for the resale of the item.
9. SUCCESSFUL BIDDER DISPUTES. The highest bidder acknowledged by the auctioneer will prevail as the successful purchaser. In the event of a dispute between bidders, the auctioneer has sole and final discretion to determine the successful bidder, cancel the sale, or to re-offer and resell the lot in dispute. If a dispute arises after the sale, Bottleauction.com sale record will be final. Although in our discretion we will execute absentee bids, (including written bids), telephone bidding and internet bidding, which is provided as a convenience to clients who are not present auctions, Bottleauction.com is not responsible for any errors or omissions in that connection.
10. LIABILITY. In no event will BottleAuction.com’s liability to any purchaser exceed the purchase price actually paid. All lots are guaranteed authentic and to be accurately described as to condition. Any purchase may be returned within ten (14) days if inaccurately described. All returned lots must be insured for the sale value against damage or loss and be returned to us in the same condition as when shipped. Any and all disputes must be made within 14 days of the buyer receiving the lot. Dispute claims received after 14 days will not be considered valid and from that point on all sales will be considered final. Buyers remorse is no a valid reason for return. Accurately described lots are not returnable. Bottleauction.com makes every effort to accurately describe each item listed; all items are guaranteed to be as described. Any condition such as manufacturers flaws that in our opinion does not detract from the item monetarily value will not be viewed as a justifiable reason for return. returns must be received no more than 30 days after the auctions end. Any lot returned after the 30 days after auction closing date not be accepted as there is a 30-day return policy strictly enforced. All credit or returns will be less shipping charges.
BIDDER'S AGREEMENT. These Conditions of Sale constitute the entire agreement relative to the subject auction between the bidder and Bottleauction.com and may not be amended, changed, modified or altered unless countersigned by an authorized representative of Bottleauction.com
