YOUR TERMS AND CONDITIONS OF USE

WineAuctionHouse

Auction House Pty Ltd (ACN 129 288 991, ABN 40128 288 991) (“we”, “us” or “our”) provide an Internet-based business service (“the Service”) that is intended to facilitate the introduction of people who wish to purchase (“Buyers”) goods over the Internet from businesses that use the Service to display their goods for sale (“Sellers”).

These terms (the “Terms”) govern the relationship between the Seller, the Buyer and us for the use of the Service.

The Service is provided through websites operated by or on behalf of us under the domain names, wineauctionhouse.com.au and any new or replacement website through which the Service is provided (the “Websites”). The Terms appearing on the home page of the Website govern the use of the information, graphics and materials on the Websites and information collected by or on behalf of us on the Websites.

The Seller and the Buyer acknowledge and accept that their use of the Service (whether by the person itself or by any appointee of that person) indicates the person’s acceptance of these Terms.

Business day

means a day that is not a Saturday, a Sunday, a public holiday or a bank holiday in Melbourne.

BuyNow

Goods, including a bottle of wine or bottles of wine, as described in the Lot which is available for immediate purchase by clicking the BuyNow tab.

Cancel a purchase

A Buyer can cancel a purchase when a purchase has been made in the following circumstances.

The wine has not been sent (we will be unable to retrieve the wine if it has been sent).

The Buyer is the victim of a dishonesty offence in respect to the purchase and has reported the dishonesty to the Police or PayPal.

The Buyer did not purchase the Goods and the Buyer did not authorise or give permission for the purchase of the goods and has reported any unauthorised access or use of their PayPal account to PayPal.

Cart

You can select and purchase up to 12 bottles of wine (750ml) per case or purchase bottles individually.

Change on order

Again, no problems, so long as we haven’t sent the wine you can change your order and we will refund any money owed or request any money to make up the difference of the sale.

Goods

means goods, including wine offered for sale by vendors through WineAuctionHouse for immediate purchase by Buyers.

GST means:

(a) the same as in the GST Act; and

(b) any other goods and services tax, or any tax applying to this transaction in a similar way (including any replacement or subsequent similar tax); and

(c) any additional tax, penalty tax, fine, interest or other charge under a law for such a tax.

Internet means the worldwide connection of computer networks providing for the transmittal of electronic mail, on-line information, information retrieval and file transfer protocol.

GST Act

means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Inspecting wine

Unfortunately, we do not have any facilities available for you to inspect any wine prior to purchase. All wines are as described, if there is a fault such as damaged label, or wine levels not into the next (for example High Shoulder) this will be described in the listing. WineAuctionHouse will never send any wine that is not accurately described.

Lot

is a bottle or bottles of wine, as described and listed for sale.

Payment & Purchase

A purchase cannot be considered to have occurred until WineAuctionHouse has received full payment including any postage fee.

WineAuctionHouse will send all wine purchased to the Buyers address provided in the PayPal transaction at the time of receiving money for that particular purchase. Buyers name, shipping address and other details are provided to WineAuctionHouse at the time of WineAuctionHouse receiving payment. Please ensure your PayPal details are up to date.

Returns and refunds

If you have any concerns about a wine or any wines you have purchased on WineAuctionHouse, please contact us to discuss via eMail [email protected] or on 0423 021 028.

WineAuctionHouse acts as an agent for unlicensed private collectors who sell their fine wine online at WineAuctionHouse, all wines sold on WineAuctionHouse are pre-owned, because of this we do not accept returns or refunds. We can resell any wines you have purchased. All wines offered for sale are as described, you will never receive a wine that is not accurately decribed in the listing.

WineAuctionHouse makes reasonable enquiries about all wines history and cellaring conditions and we inspect wines before offering them for sale and again before sending them to a buyer. We do not guarantee and are not responsible for the quality of any wine sold on WineAuctionHouse.com.au Sometimes old wine labels are fragile and deteriorate with age so please allow for some labels on old and rare wines to be not ‘as new’. Sometimes corks on old and rare wines fail unexpectedly and can do so intransit due to movement and vibrations, again we are not liable for damage to any wine that has occurred in the post. In this example the wine may not be covered by insurance.

Many wines listed for sale on WineAuctionHouse are old and rare wines. In some cases, these wines can be past their peak drinking window and may be either unpleasant, undrinkable or not up to your expectations. WineAuctionHouse accepts no responsibility for a wine being unpleasant, undrinkable or not up to your expectations. Accordingly, we are unable to offer refunds or replacements on wines that have been opened and purchased on WineAuctionHouse. Please consider this risk carefully before making your purchase. If you have any questions or concerns you can contact us or you may wish to contact the winery or winemaker prior to any purchase or to discuss your drinking experience if the wine does not measure up to your expectations.

Sale Error

WineAuctionHouse reserves the right to cancel any Lot offered for sale at anytime (before or after payment & purchase) if there is an error in the listing which includes an incorrect sale price, incorrect postage or if the bottle of wine condition has changed or the bottle of wine is no longer available for sale. Any money paid to WineAuctionHouse for any purchase affected by a sale error will be refunded to buyers as soon as possible.

Vendor

An unlicensed person who has registered with WineAuctionHouse and who WineAuctionHouse offers their fine wine for sale.

Website

means a location accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical user interface.

World Wide Web

means a method of representing and obtaining graphical data and linking items used by Internet users.

WineAuctionHouse

WineAuctionHouse operates a wine trading platform / website at www.WineAuctionHouse.com.au on the World Wide Web to facilitate the sale of fine wine from private collectors. WineAuctionHouse sells Goods online for immediate purchase on behalf of Sellers. WineAuctionHouse acts as an agent for Sellers. WineAuctionHouse shall not be responsible for any default by the Seller or the Buyer. WineAuctionHouse evaluates Goods based on its experience and expertise. WineAuctionHouse may, at its absolute discretion, membership on its website, listing of Goods for sale or participation in any sale by any person.

WineAuctionHouse prohibits the use of our website www.WineAuctionHouse.com.au if you are not 18 years of age or older.

Your details

WineAuctionHouse does not need too much of your personal information. Any personal information provided to WineAuctionHouse during any purchase is only used for that purchase. WineAuctionHouse does not and will not sell, rent or exchange any of your personal information to any third parties. WineAuctionHouse may collect your email address for our Newsletter. We don’t send out too many Newsletters but when we do you can unsubscribe from them at any time.