Site User Agreement
Bidding at the auction will be limited to registered attendees of Hospice du Rhône Virtual Live Auction. Bidders must be registered as such and receive a bidder number.
The auctioneer is the agent for Hospice du Rhône (Seller)
These terms and conditions of sale as amended by addendum constitute the entire terms and conditions of the Seller with respect to the sale and purchase of wines listed herein. By bidding, the bidder agrees to be bound by these terms and conditions of sale.
All statements by Seller are merely statements of opinion and are not to be relied upon by prospective purchasers as warranties or representations of fact, and prospective bidders, by so bidding acknowledge that they have inspected the wines to their satisfaction and bid only as a result of their own inspection and opinion, all wine is sold “as is.”
Wines offered in this auction will be sold as described in the catalogue. The highest bid of record for each lot when the bidding is closed will be recorded as the purchaser of the lot. The producing winery retains sole discretion as to when the wine will be bottled and/or delivered to the purchaser; the purchaser acquires only the right to take possession of the wine when notified, and has no right of inspection pending notification. All successful bid prices will be considered to be FOB the wine storage facility. The right to take possession shall not be assigned or otherwise transferred without first obtaining the written permission of Hospice du Rhône.
All wines sold herein are subject to the provisions of the California Alcoholic Beverage Control Act, and are offered and sold subject to its provisions. Any offer of sale shall be governed by and interpreted under the laws of the state of California. 28 Terms and Conditions
Bids will be made on the purchase price for the total lot.
The starting bid for each lot shall be established by Hospice du Rhône and the auctioneer.
Seller shall have the right to reject any bid, at any time prior to the fall of the hammer. Bids will be accepted only from registered bidders. This includes commission, Internet, and telephone bids.
Should a dispute arise between bidders, or should the auctioneer doubt the validity of any bid, the auctioneer shall have the absolute right to resolve the dispute, re-offer, re-sell or withdraw the lot in question.
No bid shall be valid unless acknowledged by the auctioneer. At the fall of the hammer, the highest acknowledged bidder shall be deemed to have purchased the lot and thereupon assumes full risk and responsibility thereof. Purchaser warrants that he/she will pay the full purchase price at auction. Sellers’ sole responsibility for non-delivery shall be limited to refund of the purchase price.
Bidding at the virtual live auction will be made by registered bidders only. To register, please contact Hospice du Rhône firstname.lastname@example.org or www.hospicedurhone.org.
No representative or employee of Seller shall have the right to waive or modify any of the terms/conditions set forth herein.
Prospective purchasers are advised to attend the auction. You must be a registered bidder in order to have bids executed on your behalf. Credit card information will be reqired. Bids that are submitted to Hospice du Rhône in writing prior to the auction for execution at or below a specified price are entertained and executed by auctioneer for convenience of bidders. Auctioneer and Hospice du Rhône shall not be responsible for failing to execute such bids, for errors relating to the execution of such bids, or for following any other instructions of an authorized agent. In the event that Hospice du Rhône has received bids from authorized agent on a particular lot for identical amounts and at the auction those bids are the highest bids for that lot the lot shall be awarded to the person whose bid for that amount was received first. If identical bids are submitted, but only one bidder is physically present at the auction, the present bidder shall prevail.
Successful bids made by bidders not physically present at the auction will be subject to a buyer’s premium of 5% of the winning price bid. This premium shall apply to all such successful bids whether made through an agent, by phone, fax, or through the Internet. Buyer’s premium will be added to the final bid price and this new total will be reflected on the invoice given to the purchaser. Payment for each lot will be the sole responsibility of the registered bidder whose paddle number is identified by the auctioneer at the time of the sale. Should a group of two or more people bid together as a consortium and win the bid, it will be the responsibility of the registered paddle holder to collect funds from the members of his consortium and pay Hospice du Rhône under the terms set forth herein. Under no circumstances will Hospice du Rhône split an invoice for an auction lot in order to receive payment from more than one person for one lot sold. Payment for all purchases must be made in United States Dollars by American Express, MasterCard, or Visa upon receipt of invoice. California sales tax will be added unless the bidder presents a valid California resale permit or states his or her intention to arrange for interstate shipment of the wines. If for any reasons out of state shipments cannot be arranged to the satisfaction of Hospice du Rhône and the producing winery, California sales tax will be assessed prior to delivery in California. Payments will be collected the day of the sale. Invoices not paid in full at auction will accrue a finance charge of 1.5% per month (18% per annum) on any unpaid balances until paid in full. Buyer agrees to pay all reasonable attorney’s fees and costs of collection associated with the collection of past due amounts. No lot will be released without proof of payment in full. Collection Purchaser agrees to take delivery of the wines within sixty (60) days of notification, provided payment for the lot has been received in full by Hospice du Rhône. Shipping expenses and insurance are the sole responsibility of the purchaser. Delivery All lots are sold FOB the wine storage facility. Shipping expenses and insurance are the sole responsibility of the purchaser. The purchaser of wine, for delivery to a designated agent within California, shall make arrangements with winery for delivery. Wine which has been purchased to be shipped to a point outside of the State of California shall be required to be shipped by means of (1) facilities operated by the retailer, or (2) delivery by the retailer to a carrier (common or contract) for shipment to such out-of-state point. Sellers’ sole responsibility for failure to tender delivery in California shall be limited to a refund of the purchase price. Bidders agree that the sales and delivery of Hospice du Rhône wines shall not affect the right’s of the producing wineries to sell their own wines to any distributor of their choosing in bidder’s state, or any other state, or the right of Hospice du Rhône to sell future Hospice du Rhône wines to any purchaser in any state, and bidder agrees to take whatever steps are necessary to accomplish that including the relinquishment of any rights which purchaser may have under state or federal law.