MAISON 1899 AUCTIONS
Conditions of Sale
The following Auction Terms and Conditions (“Auction Terms and Conditions”) govern all Maison 1899 Auctions. By registering to bid at an auction, the registered bidder agrees to these Auction Terms and Conditions, as changed or amended from time to time.
Maison 1899 Auctions may change or amend these Auction Terms and Conditions at any time, without notice, by posting such changes or the updated Auction Terms and Conditions at auction.maison1899.com. Any changes will be effective and binding when posted at auction.maison1899.com.
Definitions As used herein, the following words have the meaning set forth below:
“Bidder” means any person participating, making, or attempting to make a bid at an auction sale.
“Buyer” means a person who makes the highest bid accepted by the auctioneer, except as otherwise provided in the Auctioneer’s Authority section.
“Buyer’s Premium” means the commission payable by Buyer to Maison 1899, which is eighteen percent (18%) of the Hammer Price.
“Hammer Price” means the highest bid accepted by the auctioneer, except as otherwise provided in the Auctioneer’s Authority section.
“Import Duties” means duties, tariffs, permits, rates, schedules, taxes, and preliminary statements or require licenses or other charges required by laws, rules, or restrictions governing importation of alcoholic beverages, as those laws, rules, or restrictions may be amended, adjusted, increased, renegotiated, replaced, or restated from time to time.
“Purchase Price” mean the sum of the Hammer Price, the Buyer’s Premium, and any applicable sales or use tax.
“Property” means an item offered for sale at an auction.
“Lot” means a collection of one of more items offered for sale at an auction.
“Seller” means the consignor of the Property.
Bidder/Buyer Representations Bidder and Buyer represent and warrant:
- That by bidding at auction Bidder has read and understands all the Auction Terms and Conditions, together with all other policies published by Maison 1899 Auctions.
- He or she is at least eighteen (18) years of age and is purchasing the Property for personal use or is a licensed reseller.
- He or she understands that various jurisdictions may impose limitations on the quantity of wine, spirits, or alcoholic beverage products that Buyer may purchase and bring into their jurisdiction. He or she is aware that various jurisdictions may require Buyer, a consignor, or shipper of wine, spirits, or alcoholic beverages to possess certain licenses or permits.
- That any and all funds used to pay for any Property were not directly or indirectly obtained from any criminal activity. When Buyer is bidding on behalf of another person or entity, Buyer warrants that Buyer has no reason to believe that any funds used to pay for any Property were directly or indirectly obtained from criminal activity.
Refusal of Service Maison 1899 Auctions reserves the right and discretion to refuse anyone admission to the auction premises, refuse participation in any auction, and to reject any bid.
Digital Registration To register for a bidding account, Bidders should go to auction.maison1899.com, the Apple App Store, Google Play Store or iTunes to download the Maison 1899 Auctions mobile app. New bidders should click on the “Sign Up Now” button. Maison 1899 strongly encourages new Bidders to register at least 48 hours before the start of the auction so as to allow enough time to answer any of Bidder’s questions. Bidders will need to provide an e-mail address to use as a username, a shipping and a billing address, a valid credit card (MasterCard, Visa, Discover, or American Express), and a daytime phone number.
Every registered Bidder’s card will have a pre-authorization charge of $1 applied and then immediately voided. A pre-authorization charge does not transfer funds from the cardholder’s account but merely confirms that funds are available. The bidder only be charged upon order confirmation and she/he can choose to pay by another means (e.g. bank transfer/ cheque deposit).
Maison 1899 reserves the right to request a deposit, bank references, and a written confirmation of bids from all registered Bidders. The decision to request a deposit and its ensuing amount and format rests solely with Maison 1899.
Description of Property Maison 1899 endeavors to describe all Property as accurately as reasonably possible. Maison 1899 believes that all Property sold at auction benefited from proper storage before being delivered to Maison 1899’s temperature and humidity-controlled cellar.
Buyers of older and more fragile wines must make proper allowances for natural variations of ullage and general condition. Any images of labels on Maison 1899’s website, the auction catalog, or Maison 1899’s mobile app are meant merely to be representations of the Property and may or may not be actual pictures of the Property. Neither Maison 1899 nor Seller shall be responsible to Buyer for errors or omissions in the catalog or in any communication by Maison 1899.
Maison 1899 provides an estimated price range for each Lot with the estimate generally factoring in the recent auction market results for the same or comparable Property. Rarity and condition are also considered. Estimates do not include Buyer’s Premium or other potentially applicable charges, such as delivery and storage fees. Estimates are determined in advance of an auction and therefore are subject to revision by Maison 1899 at any time. Bidders and Buyers should not rely on any estimate as a prediction of the actual selling price or value of a Property. Bidders and Buyers should not rely on estimates as a warranty or guarantee, or as otherwise providing any guidance in determining the origin, physical condition, merchantability, fitness for a particular purpose, size, quality, condition, rarity, authenticity or genuineness, attribution, value, importance, provenance, or previous storage conditions of any Property sold at auction. Neither Maison 1899 nor its affiliates, shareholders, directors, officers, employees, and agents shall be liable for any difference between an estimate for any Property and the actual price achieved at auction or upon resale.
Maison 1899 and Seller Make No Representations or Warranties. All Property is sold “AS-IS” without any representation or warranty of any kind by Maison 1899 or the Seller.
Any statement made by Maison 1899, whether oral or written, whether made at an auction, in a catalog, email, tasting note, advertisement, estimate, announcement, or other communication is not a representation of fact but is a statement of opinion only. Buyer agrees that Buyer shall not rely upon any such statement by Maison 1899 in any way and that any such statement is not a warranty or representation, including but not limited to a warranty or representation of origin, physical condition, merchantability, fitness for a particular purpose, correctness of catalog description, size, quality, condition, rarity, authenticity or genuineness, attribution, value, importance, provenance, previous storage conditions, or historical relevance of any Property.
Neither Maison 1899 nor Seller shall be liable for any statement or description, made orally or in writing, and expressly disclaim any representation or warranty relating to any Property, including but not limited to the correctness of a catalog description including but not limited to vintage, provenance, authenticity, quality, and condition of any Property. Maison 1899 further retains the right to amend, at any time and in any manner, any description of any Property. The absence of a statement, opinion, or representation as described herein, does not imply that Property is free from defects or restoration, nor does a reference to particular defects imply the absence of any others. Estimates of the selling price should not be relied on as a statement that this is the price at which the Property will sell or its value for any other purpose. EACH PROPERTY HEREIN IS SOLD “AS IS.” BUYERS EXPRESSLY DISCLAIM ANY LIABILITY ARISING OUT OF OR RELATED TO RELIANCE ON Maison 1899, SELLER, OR THE CATALOG.
No Returns Maison 1899 DOES NOT ACCEPT ANY RETURNS OF ANY PROPERTY.
Amending Descriptions and Withdrawing Property or Lots Maison 1899 reserves the right to amend the description of any Lot or Property by any means, whether oral or written, including by announcement or notice in the salesroom, Maison 1899 Auctions’ mobile app, or the Maison 1899 Auctions’ website. Maison 1899 reserves the right to withdraw any Lot or Property from auction at any time and shall have no liability for doing so.
Reserve Bidding and Confidential Minimum Unless otherwise indicated, a reserve or confidential minimum selling price may be established on any Property or Lot. Should bidding not meet the reserve price, Maison 1899 Auctions reserves the right to enforce the reserve by bidding on behalf of Seller.
Personal Liability of Bidder When making a bid, Bidder accepts personal liability to pay the Purchase Price and all applicable charges. If bidding on behalf of another person or entity, the registered Bidder assumes all liability to Maison 1899 for all purchased Property. By bidding at the auction, Bidders and Buyers agree to be bound by these Auction Terms and Conditions.
Buyer’s Indemnity Buyer shall indemnify, defend, and hold Maison 1899 Auctions (and its affiliates, shareholders, directors, officers, employees, and agents) harmless from any claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees and expenses) incurred by reason of: (i) any breach or alleged breach of any representation or warranty herein or breach of any of these Auction Terms and Conditions by Buyer; (ii) any inaccuracy of any certificate, information, or document delivered by Buyer pursuant to or in connection with these Auction Terms and Conditions; (iii) Buyer’s violation of applicable laws, rules, or regulations or of the rights of any third party; and (iv) any act or omission of Buyer, its agents or employees, adversely affecting Property. Buyer’s representations, warranties, and indemnification will survive completion of the transactions contemplated in these Auction Terms and Conditions.
Transfer of Title to Property Subject to fulfillment of all the Auction Terms and Conditions set forth herein, title to the Property passes at the fall of the auctioneer’s hammer in a live auction and the announcement by the auctioneer that the Property has been sold. In a timed auction, the winning bidder will receive an alert once the auction ends if he/she has won the bid.
Bidding and Bidding Errors Bids are processed and executed as a service and convenience to Bidders. Maison 1899 shall not be responsible for any failure to execute such bids or any error relating to a bid including without limitation, errors or failures caused by: (i) a loss of connection to the Internet or to Maison 1899 Auctions’ mobile app by either Maison 1899 Auctions or Bidder; (ii) a breakdown or problems with the Maison 1899’s mobile app; or (iii) a breakdown or problems with Bidder’s Internet connection or device.
All bidding is carried out via Maison 1899’s mobile app and auction website. In addition to real-time bidding, Maison 1899 offers absentee bidding, either/or bidding, and various bidding tools.
In the event of a tie-winning bid, the Bidder who submitted their bid first will take the Lot. The relative order of bids is determined by the time stamp that accompanies each submitted bid.
Either/or Bidding Either/or bidding allows Bidders to place bids on a group of Lots and win only a set number of them. Maison 1899’s platform will continue to bid on each successive Lot until the total won, if any, matches what Bidder requested. Either/or bids are accepted online at auction.maison1899.com, through Maison 1899’s mobile app, and by e-mail (firstname.lastname@example.org).
All bid increments are subject to the discretion of the auctioneer.
For help setting up absentee bids, either/or bids, placing spending limits, and with any other bidding questions, please email email@example.com.
PLEASE NOTE: Maison 1899 Auctions offers bidding services at no charge, with the understanding that any failure to execute bids or any error in doing so shall not be the responsibility of Maison 1899 Auctions or its affiliates, shareholders, directors, officers, employees, or agents.
Payment Terms The price payable will be the total of hammered price + buyer’s premium (18% of hammered price) + delivery fee. Unless otherwise specified in particular auction or lot, invoices are emailed to Buyers in 7 business days after closing of the auction. Payment is due 14 business days upon receipt of the invoice. Maison 1899 Auctions accepts payment via wire transfer, paper check, as well as MasterCard, Visa, Discover, American Express, and China UnionPay. Payment by credit card is limited to HK$25,000 per invoice and bidder will need to bear 3.5 % credit card service charge. Maison 1899 Auctions will send email to buyers with payment site information for credit payment. Any amount over HK$25,000, Maison 1899 asks to be paid via wire or check.
When using a credit card, Buyers irrevocably waive any chargeback rights they may have under their cardholder agreement or otherwise.
Buyers who wish to pay via wire transfer should direct funds to:
Hang Seng Bank
Bank address: 83 Des Voeux Road, Central, Hong Kong
Account name: Wine's Link Limited
Account no: 773-739925-883
Bank SWIFT code: HASEHKHHXXX
Buyers should include an invoice number on all bank transfers and cheque deposits.
Unless otherwise specified in particular auction or lot, if payment has not been received by 21 days after the close of the sale, Maison 1899 reserves the right to charge a late fee of 3% of the total Purchase Price. If Buyer’s invoice remains outstanding, additional late fees of 3% will also be charged every 14 days past the initial 21-day period. Maison 1899 also reserves the right to charge all credit cards on file for any amount still due after 21 days as well as any resulting late fees and other costs incurred, including credit card processing fees.
Buyer’s Default and Maison 1899’s Remedies If Buyer fails to make payment in full in good cleared funds within the time required by the Payment Terms section above, Buyer will be in default, and Maison 1899 shall be entitled in its sole discretion to exercise one or more of the following rights or remedies (in addition to any other rights or remedies available to Maison 1899 by law):
- Late fees, as described above in the Payment Terms section.
- Cancelling the sale.
- Resell Property publicly or privately on such terms as Maison 1899 sees fit. The defaulting Buyer shall be liable for payment of any deficiency between the total amount originally due to Maison 1899 and the price obtained upon resale as well as for all costs, expenses, damages, legal fees, commissions, and premiums associated with both sales or otherwise arising from the default.
- Pay Seller an amount up to the net proceeds payable in relation to the amount bid by Buyer in default. Buyer acknowledges that Maison 1899 shall have all the rights of Seller, however arising, to pursue Buyer for such amount.
- Use the outstanding amount remaining unpaid by Buyer against any amounts which Maison 1899 may owe Buyer in any other transaction.
- Reject at any future auction bids made by or on behalf of Buyer.
- Obtain a deposit from Buyer before accepting any bids.
- Charge any credit card on file for Buyer in default for full outstanding amount owed to Maison 1899, including any late charges.
Buyer understands and agrees that after default, as defined herein, Buyer grants Maison 1899 a security interest in all such property held by Maison 1899. The defaulting Buyer shall be responsible to pay and otherwise be liable to Maison 1899 for any and all legal fees and expenses incurred in connection with Buyer’s default and/or any action by Maison 1899 in connection with the provisions discussed herein.
If any dispute arises before, during, or after an auction or sale, Maison 1899’s record is conclusive.
Shipping Policies Property purchased by Buyer shall be available for delivery only after Maison 1899 receives final payment and Buyer has fully satisfied all conditions herein.
Maison 1899 Auctions does not ship any wine, spirit, or alcoholic beverage product. Maison 1899 shall have no liability or obligation for shipping or transporting any Property. Maison 1899 Auctions makes no representation, and assumes no obligation, with respect to the legality of shipping or transporting any Property, including alcoholic beverage products, into any jurisdiction. Maison 1899 does not assume any obligation or bear any responsibility whatsoever for applying for or obtaining any required permit(s) or license(s) for the shipping and transporting of any Property. Maison 1899 Auctions does not assume any obligation or bear any responsibility whatsoever in the event that the quantity of Property purchased exceeds the quantity of wine, spirits, or alcoholic beverage products that may lawfully be purchased and brought into a Buyer’s jurisdiction. Any loss or damages resulting from the shipping or transport of Property will be the sole responsibility and at the risk of Buyer. Maison 1899 Auctions is not responsible for any deterioration, damage, or loss to Property during transport. Maison 1899 Auctions strongly advises Bidders to investigate and understand the shipping and transport laws that apply to the Property.
Maison 1899 Auctions is not responsible for acts or omissions by Maison 1899 or others in packing or shipping. Packing and handling of Property by anyone, including Maison 1899, is entirely at Buyer’s risk.
Original Wooden Cases Maison 1899 shall list Original Wooden Cases (“OWC”) as part of a Lot when available.
Storage Fees Maison 1899, at its discretion, will offer complimentary holding for up to thirty (30) days after the completion of the auction from which the Property is purchased. Complimentary holding shall only be available if Buyer has made payment in full and fully satisfied all conditions herein. After the thirty (30) days, Maison 1899 reserves the right to charge Buyer a holding fee of HK$10 per bottle per month. All Property is stored in Maison 1899’s temperature and humidity-controlled cellar.
Copyright The copyright in all images, illustrations and written material produced by or for Maison 1899 Auctions, relating to any Lot or Property shall not be used by Buyer, Bidder, or anyone else, without Maison 1899 Auctions’ written consent. Maison 1899 Auctions makes no representation or warranty that Buyer will acquire any copyright or other reproductions rights in any Property.
Choice of Law and Venue The rights and obligations of the parties with respect to these Auction Terms and Conditions, the conduct of the auction, and any matters connected with any of the foregoing shall be governed and interpreted by the laws of the jurisdiction in which the auction is held.
Severability In the event of any inconsistency or conflict in terms between these Auction Terms and Conditions and any other policy published by Maison 1899 Auctions, the terms of these Auction Terms and Conditions shall control.
Headings The section headings in these Auction Terms and Conditions are for convenience of reference only and shall not be considered as substantive parts of these Auction Terms and Conditions.
Limitations of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAISON 1899 AUCTIONS, SELLER, OR MAISON 1899 AUCTIONS’ AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE TO BUYER OR BIDDER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER, OR FOR ANY LOSS OF REVENUE, PROFITS, SALES, DATA, DATA USE, GOODWILL, OR REPUTATION IN CONNECTION WITH BIDDING FOR OR BUYING PROPERTY OR OTHERWISE IN CONNECTION WITH THESE AUCTION TERMS AND CONDITIONS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER SELLER OR MAISON 1899 AUCTIONS AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARISING OUT OF OR RELATED TO THESE AUCTION TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF THE PURCHASE PRICE PAID FOR THE RELEVANT LOT. SOME STATES/JURISDICTIONS DO NOT ALLOW THE ABOVE LIMITATION OF LIABILITY AND/OR EXCLUSION OF DAMAGES, AND SO, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
MAISON 1899 AUCTIONS AND SELLER ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR SECURITY OF THE SERVICES THAT ARISE FROM THIRD PARTY APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES SUCH AS AUCTION MOBILITY LLC, THE PROVIDER OF THE AUCTION PLATFORM AT AUCTION.MAISON1899.COM.