WineBid Post Holiday Extravaganza Wine Sale

TERMS & CONDITIONS You must be at least 21 years of age to participate. All purchases are final and bids cannot be cancelled. Buyer's premium of 17% and a 2.8% processing fee for LiveAuctioneers will be added to the final bid of all auction purchases. Buyers are limited to individuals with shipping addresses in the following states: California, Florida, Illinois, New York, New Jersey, and Washington state. 1. The property described on the LiveAuctioneers Website will be offered for sale by New Winebid LLC as a marketing agent on behalf of the Seller. Every attempt has been made to describe all property as accurately as possible. However, WineBid does not warrant or represent, and denies responsibility for the accuracy of the descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated on the site. Any and all statements made relating to the property offered on the site are merely statement of opinion and at no time can be construed as warranties and representations of fact or assumptions of any liability on the part of WineBid. When a lot description of a bottle includes a photo, the photo may not necessarily show the actual bottle offered in the lot. Unless the lot includes inspection notes describing imperfections, the photo may be a WineBid stock photo of a bottle of the specified wine and vintage, though not the exact bottle offered. Stock photos may be used for bottles that are in very good general condition but have lightly depressed corks, lightly elevated corks, light capsule condition issues, or light label condition issues. 2. Buyer accepts all purchases 'as is.' Notwithstanding any other terms of these Terms & Conditions, should WineBid receive any written claims within 21 calendar days of the auction that any property is with a shortage, or otherwise out of condition, or that any statement in the web site is without basis, then WineBid will judge such claims through inspection of the property or by any other just means, and may require the Seller to cancel the sale and may refund the purchase price. At all times the decision of WineBid in its capacity of auctioneer will be final and binding on all parties. The wine industry estimates that between 3 and 7 percent of all wines sealed with natural corks are ruined because of a natural fungus in corkwood that produces the chemical compound trichloroanisole, or TCA within the cork. TCA has a distinctive odor resembling moldy newspaper or damp basement. In almost all cases of 'corked' wine, the aroma of the wine is reduced significantly, and a heavily tainted wine is completely undrinkable. Since all of our wine is consigned, and much of it very rare, we cannot replace wines that have been ruined because of cork taint. We do not accept returns of corked wine nor do we refund for corked wine. Special Note: Though every effort is made to describe or measure the levels of older vintages, corks more than 20 years old begin to lose their elasticity and levels can change between cataloguing and sale. Old corks occasionally fail during or after shipment. Buyers must understand that there is always a risk of cork failure with old wines. Under no circumstances can an adjustment of price or credit be made after delivery. 3. Title to the property will not pass from Seller to Buyer until full payment is received by WineBid. No property will be released to the Buyer until WineBid receives any applicable state and local taxes or compensating use taxes of another state that WineBid may be required by law to collect. Any applicable storage or delivery charges must also be received prior to the release of the property. 4. Should any Buyer fail to fully comply with these Terms & Conditions, WineBid may hold the Buyer liable for the purchase price or resell the property after reasonable notice is given to the Buyer. Any deficiencies attending the resale of property shall be the liability of the defaulting Buyer, along with any storage or legal fees and any other expenses or damages incurred by WineBid. In the event of non-payment by Buyer, or non-compliance by Buyer with these Terms & Conditions, WineBid reserves the right to take any and all appropriate or necessary actions including, without limitation, canceling or rescinding the transaction, reporting the defaulting Buyer to an appropriate credit reporting agency, charging the Buyer's payment method for WineBid's fees and expenses incurred in connection with the non-compliance (including the costs of the transaction itself), turning any amounts due and owing over to a commercial collection agency and/or taking any other action permitted by law. In no event shall WineBid be liable for any incidental or consequential damages to Buyer. 5. Title, Taxes and Delivery Title. Title to, and ownership of, all wines passes to Buyer in California upon payment of the purchase price. Wines are deemed delivered to the Buyer in California. Buyer takes all responsibility for wines being transported from California to Buyer's selected destination. Taxes. California sales tax will be charged on all purchases, including wines picked up by the Buyer at WineBid's premises. Delivery. Buyer takes all responsibility for wines being transported from California to Buyer's selected destination. You may pick up your purchases at WineBid's location, make independent delivery arrangements, or arrange for WineBid to facilitate delivery to you. At Buyer's election, Buyer may engage WineBid to facilitate deliveries of Buyer's wine to Buyer's selected destination. The primary means of distribution will be by common carrier. Buyer shall assume full responsibility for delivery expenses, including delivery costs, and packing. The Buyer is responsible for all duties and customs charges incurred in shipping purchases from the U.S. to the Buyer's desired shipping address. WineBid will take all precautions to package the wine according to industry standards to minimize the possibility of damage. WineBid does not compensate for any loss or damage due to exposure to temperature variations or shipping delays. Representations. WineBid makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. You warrant that you are solely responsible for the transport of the purchased products and for determining the legality and the tax/duty consequences of bringing the products to your chosen destination. By arranging for transportation of the alcoholic beverages, WineBid is providing a service to, and acting as your agent. By utilizing this service from WineBid you are representing that you are acting in compliance with your local and state laws regarding the purchase, transportation and delivery of alcoholic beverages. By placing bids in these auctions, acknowledge that they are at least 21 years old, and that the person to whom Buyer's wine will be delivered is also at least 21 years old. The person receiving delivery will be required to show identification proving that he or she is at least 21 years old. Sales for Resale. Sales of more than 20 gallons of wine at one time to one Buyer are presumed by federal regulation to be sales for resale which would require the Buyer to possess a license authorizing the resale of wine (27 CFR §31.36); therefore, WineBid will not deliver more than 20 gallons (75.7 liters, or approximately 8 cases) of wine on a single order unless the Buyer provides appropriate proof of status authorizing it to resell wine. 6. You agree to indemnify, defend and hold harmless WineBid and its officers, directors, employees, parents, partners, successors, agents, distribution partners, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including interest, penalties, and attorney fees and amounts paid in investigation, defending or settling any of the foregoing) arising out of or related to: (i) your access to or use or misuse of the WineBid Website and Services; (ii) your User Content; (iii) any actual or alleged violation or breach by you of these Terms & Conditions or of any representation, warranty or covenant that you have made to WineBid; (iv) your violation of the law; (v) your negligent or willful misconduct; or (vii) your violation of the rights of any third party. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. 7. Dispute Resolution. You and WineBid each agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to these Terms and Conditions, any prior version of these Terms and Conditions, or your use of or access to the WineBid Website and Services, will be resolved in accordance with the provisions of this Dispute Resolution section. Please read this section carefully as it affects your rights. You and WineBid agree to first contact each other with regard to any claim or dispute, and to provide a written description of the problem, all relevant documents/information and the proposed resolution. WineBid will contact users of the WineBid website based on the contact information provided to us. Notice to WineBid must be sent to: WineBid, 755 Skyway Court, Napa, CA 94558. IF AFTER 60 DAYS THE PARTIES ARE UNABLE TO RESOLVE ANY DISPUTE RAISED UNDER THE PREVIOUS PROVISION, THE PARTIES AGREE THAT THE DISPUTE MUST BE SUBMITTED TO ARBITRATION CONSISTENT WITH THIS DISPUTE RESOLUTION SECTION, EXCEPT THAT YOU MAY ASSERT ELIGIBLE CLAIMS IN SMALL CLAIMS COURT. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration. You and WineBid each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not parties to these Terms & Conditions, whether related to these Terms & Conditions or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by American Arbitration Association ('AAA') under its rules and procedures in effect, as modified by these Terms & Conditions (as permitted under such rules and procedures), when the claim is filed and the arbitration shall occur in Napa County, California. The rules and procedures and other information, including information on fees, may be obtained from AAA's website (www.adr.org) and a form for initiating arbitration proceedings is available on AAA's site at http://www.adr.org. In addition to filing this form with AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: WineBid, 755 Skyway Court, Napa, CA 94558. If the value of the relief sought is $10,000 or less, you or WineBid may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and WineBid. Attendance at an in-person hearing may be made by telephone by either of us, unless the arbitrator requires otherwise. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Further, each party agrees that any arbitration will be solely between WineBid and the user of the WineBid, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the classwide dispute must be brought in court. Notwithstanding the foregoing, either of us may bring qualifying claims in small claims court in Napa County, California.