MW Wine Auctions Terms and Conditions
MW Wines Pty Ltd, ABN 31 921 572 702, (MW Wines) offers goods and property for sale through online auctions on its website, mwwineauctions.com, (the Website). These Terms and Conditions are binding on all users of the Website.
- MW Wines sells goods via auction on behalf of Vendors. In this regard MW Wines acts as an agent for the Vendor. Every attempt has been made to describe all property offered for auction by Vendors as accurately as possible. However, MW Wines does not warrant or represent, and denies responsibility for, the accuracy of the published descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated in our catalogues or on the Website. Any and all statements made relating to the property 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 MW Wines. Where any error or omission in published catalogues becomes known by MW Wines they will be corrected as soon as practicable.
- A Vendor is a party warranting that they have legal title of the goods and who commissions MW Wines to sell goods or property on their behalf and agree to pay the relevant Vendors Premium. Vendors who place goods with MW wines are making an irrevocable offer to sell these goods subject to any reserve price that may be established and confirmed in writing on the Vendors Statement.
- Buyers accept that all purchases are made on an "as is" basis and that MW Wines cannot easily ascertain how the goods have been previously stored. Notwithstanding any other terms of these Conditions of Sale, should MW Wines receive any written claims within 48 hours after Buyer receipt of the wines that any short delivery has occurred or otherwise the wine has different attributes than what were catalogued, or that any statement by MW Wines is without basis, then MW Wines will fairly assess such claims through inspection of the property or by any other just means, and may (at its sole discretion) cancel the sale and refund the purchase price. At all times the decision of MW Wines will be final and binding on the Buyers. Buyers acknowledge and accept that the consumer guarantees under the Australian Consumer Law, including guarantees as to acceptable quality, fitness for purpose and accurate description, do not apply to goods sold by auction. Buyers therefore accept these risks and MW Wines shall have no liability to any person for any loss or damage suffered by any person in relation to goods sold by Auction.
- Prior to bidding at an auction, the Buyer hereby warrants that they are at 18 years of age and have legal capacity to purchase alcoholic beverages in their relevant state, territory and country. Buyers must complete all necessary information required by MW Wines (as detailed in the MW Wines registration form) in order to be registered as a Buyer.
- All MW Wines auctions are conducted in Australian Dollars (AUD). The winning bidder will be charged in AUD for the Buyers Leading Bid price, Buyer’s premium and shipping costs.
- The term ‘Leading Bid’ as used herein shall refer to the price at which any lot is ‘knocked down’ to the Buyer. The purchase price, due from the Buyer, shall be the aggregate of the Leading Bid (which includes GST if applicable) plus the relevant Buyer premium (as published on the Website).
- Where a reserve or minimum selling price has been established on certain lots the vendor reserve is the minimum opening bid as published on the Website.
- All bids received at an auction are an irrevocable offer to buy a given lot at the price bid. The buyer will be the person or entity that places the highest acceptable bid received at the time the auction closes. In the event that two or more identical bids are placed the earliest bid shall be the winning bid. All bids submitted are ‘auto-bids’ and the maximum price paid will be one bid increment higher than the next highest valid bid (within the confines of the auto-bid limit). During the bidding process MW Wines reserves the right at its absolute discretion to withdraw any lot from sale, refuse any bid and to advance the bidding.
- Absentee bids submitted by fax or Internet to MW Wines for auctions are processed and executed as a service and convenience to bidders. Neither MW Wines nor its staff is responsible for any failure to successfully execute such bids. MW Wines encourages all clients wherever possible to place absentee bids direct via the Website as this will ensure that they are processed on time and accurately.
- Should any Buyer fail to fully comply with these Terms and Conditions, MW Wines may hold the Buyer liable for the purchase price or resell the property after reasonable notice is given to the Buyer. Any deficiencies, including additional seller’s premiums, 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 MW Wines or the Vendor.
- The goods will be released to the successful buyer upon payment of the full purchase price and all other costs. Title to the goods will not pass to the buyer until full payment is received by MW Wines. No goods will be released to the buyer until MW Wines receives payment in full by cash, bank cheque, direct deposit, or credit card (security checks may need to be performed by MW Wines at its absolute discretion prior to the release of any goods). Private cheques are only acceptable by prior arrangement. Purchases may not be released until cheques have been cleared. Any applicable storage or shipping charges must also be received prior to the release of the goods.
- International buyers or buyers who wish to ship to an international address are wholly responsible for any and all duties and customs charges incurred in shipping their purchases from the country of auction to their desired shipping address. To the extent that MW Wines provides estimates of shipping, customs and duty charges, these should be treated as ESTIMATES ONLY, the buyer is responsible for the actual charges incurred.
- The buyer becomes the owner of the goods prior to shipment. Wines must be collected by the buyer within 7 days of the auction close or costs may apply. If the wines have not been collected 30 days after the auction close, storage charges shall accrue at a rate of $12.00 per case or partial case for the first month plus $2.75 per month thereafter and must be paid prior to the release of the goods.
- MW Wines will arrange shipping on any goods that have been paid for in full, including shipping and other charges. A separate charge for insurance will be included on all deliveries to be shipped. Provided that the goods and shipping and insurance costs have been paid to MW Wines prior to shipment and; that MW Wines has arranged the shipment on behalf of the buyer, MW Wines shall reimburse the buyer for any goods which are lost or broken during shipment. MW Wines will take all precautions to package the wine according to industry standards to minimise the possibility of damage. MW Wines will use only reputable carriers who will safeguard the shipment as much as possible given the nature of the commodity. MW Wines insures all shipments for loss or breakage ONLY. Wines spoiled by temperature or that are corked or leaking cannot be recovered and MW Wines shall not be liable for any damages in this regard.
- The auction is conducted in Victoria, Australia and all wines are to be sold in Victoria, Australia and title passes to the Buyer in Victoria, Australia. MW Wines make no representation as to the rights of anyone to import wine into any country outside Australia. In the event that a winning bid is placed by a resident of a state, territory or country which restricts the personal importation of wine, the wine will be held at the MW Wines facilities until the Buyer makes arrangements to ship the lot to an address in a state or country which permits such shipments.
- Special Notice - Though every effort is made to describe or measure the levels of older vintages, corks over 20 years old begin to lose their elasticity and levels can change rapidly. Old corks have also been known to fail during or after shipment. There is always a risk of cork failure with old wines and due allowance must be made for this. Under no circumstances can an adjustment of price or credit be made after delivery.
- The laws of the State of Victoria shall govern the rights and obligations of all parties. MW Wines is fully licensed in Victoria, Australia to conduct wine auctions.