SIGNATURE CELLARS: LONDON
ONLINE WINE AUCTION – SALE 1034
3 April – 15 April, 2014
CONDITIONS OF SALE AND TERMS OF USE
These Conditions of Sale and Terms of Use and the Important Notices and Explanation of Cataloguing Practice contain all the terms on which Christie Manson & Woods Limited, 8 King Street, London, SW1Y 6QT, and the seller (also referred to as the “seller”) (together, also referred to as “Christie’s”, "we", "us", "our" and "ourselves") contract with you (also referred to as the "buyer"). If there are any amendments to these Conditions of Sale and Terms of Use and the Important Notices and Explanation of Cataloguing Practice, you will find such amendments at http://onlineonly.christies.com during the sale and such amendments will supersede terms and conditions provided herein. By registering to bid at auction you agree to be bound by and accept these Conditions of Sale and Terms of Use and the Important Notices and Explanation of Cataloguing Practice.
Please read the Conditions of Sale and Terms of Use and Important Notices and Explanation of Cataloguing Practice carefully prior to registering. If you have any questions, please email signaturecellarsuk@christies.com or call +44 020 7839 9060.
1. Christie’s as Agent
Except as otherwise stated, Christie’s acts as agent for the seller. The contract for the sale of the property is therefore made between the seller and the buyer.
2. Bidder Registration
(a) My Christie’s: In order to be able to bid at the online-only auction you must first create a MyChristie’s account online and subsequently register for the sale at http://onlineonly.christies.com . If you have an existing MyChristie’s account, you can sign into the online-only auction with your existing username and password and then subsequently register for the auction (if you have multiple accounts, you will need to select the account under which you wish to transact). If you have not previously bid or consigned with MyChristie’s and, therefore, do not already have a MyChristie’s account, you will need to first create a MyChristie’s account following the instructions provided at http://onlineonly.christies.com and providing any required information and/or completing any necessary forms. Registration for the sale can be completed at any time beginning on April 3, 2014 at 3 p.m. (GMT) when the sale starts and ending prior to the closing of the last lot of the on April 15, 2014.
(b) Registering as principal / on behalf of an entity: When registering to bid whether as an individual or on behalf of an entity, you accept that in making a bid, you are accepting personal liability to pay the purchase price, including the final bid price (the “hammer price”) for each lot together with the buyer’s premium, plus any applicable value added, sales or compensating use tax or equivalent tax, any and all shipping expenses, including costs, packing and handling, any loss damage liability fees, and all other applicable charges, unless it has been explicitly agreed in writing with Christie’s before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Christie’s and Christie’s will only look to the principal for payment.
If you are bidding on behalf of an entity, and the entity already has a MyChristie’s account, the entity’s name will need to be entered as part of the sale registration process. If your entity does not already have a MyChristie’s account, you cannot register online at http://onlineonly.christies.com . Please contact Christie’s Client Service Center at +44 020 7839 9060. In either situation, Christie’s may require your entity to provide certain documents or meet certain qualifications as set forth below.
As a successful bidder, if you registered as an entity bidder, your entity will need to pay for any purchases via a credit card issued to the entity’s account and not a personal account.
Christie’s is not able to honor VAT Registered clients wishing to opt out of Margin Scheme through the online-only auction processes. As a successful bidder, you will be charged VAT based on opting in to Margin Scheme, and, if applicable, appropriate VAT charged as part of the check-out process. VAT Registered buyers wishing to opt out of Margin Scheme will need to contact Christie’s with appropriate valid and up-to-date documentation and Christie’s will facilitate the process including re-invoicing, refunds and/or additional charges, where applicable. It is your responsibility to obtain any relevant documentation and provide it to Christie’s and any delay in obtaining the corrected invoice and/or charges or refunds shall not justify the rescission of any sale.
(c) Age Limit: United Kingdom law requires that you must be at least 18 years of age to purchase alcoholic beverages. In order to register to bid, you must be at least 18 years old.
(d) Requirements and Bidding Limits: In order to register to bid, you are required to supply the information requested, including valid credit card information. If you are bidding on behalf of an entity, you should provide information for the credit card issued to the entity’s account.
Each bidder is subject to an aggregate bidding limit in the amount of GBP £300,000 for this particular online auction only. This aggregate limit shall apply to all items bid upon in the aggregate, and shall not apply on a per lot basis. The bidding limit is based upon the maximum bid you enter as opposed to the actual bid amount accepted at that time. Christie’s, in its sole discretion, may lower or rescind this limit and has the ability to contact you to request the production of documents or information in relation to such limit. A maximum bid on a lot is deducted against the aggregate bidding limit and the bidding limit will not be reset until that lot closes. If you should reach the aggregate bidding limit based on the bids you place (whether maximum bids or actual bid amounts), you will not be able to place any further bids on those items or any additional bids on other items. You may adjust (i.e. remove, lower or increase) a maximum bid on a lot as long as the bids accepted on such lot have not met or exceeded the maximum bid amount. If you have a question regarding your bidding limit, please contact Christie’s Credit department at signaturecellarsuk@christies.com.
Christie’s may also require the production of bank or other financial references or that you meet certain qualifications. Christie’s may also require deposits of a portion of a placed bid to be made to Christie’s. In such event, should you not be the successful bidder, your deposit shall be promptly returned to you. If you are the successful bidder, any such deposit shall be used to offset the appropriate portion of the purchase price.
If this is your first time registering to bid at a Christie’s sale (live or online), you will need to create a MyChristie’s account before registering to bid at http://onlineonly.christies.com . Christie’s may require you, or, if you are registering to bid on behalf of an entity in accordance with paragraph 2(b), your entity, to provide the following types of information and/or documentation, if applicable: Confirmation of registration (including but not limited to, a Certificate of Incorporation or Certificate of Formation or Certificate of Good Standing); Confirmation of beneficial ownership (e.g., schedule of shareholders, articles of organization or operating agreement); Confirmation of registered address (e.g., utility bill, bank statement, if the registered address is not listed on the entity’s documents); valid, government-issued photo ID for account owner (driver’s license, passport or national identity card); and, if applicable, Liquor License and Resale certificate, certificate of authority, or seller’s permit. Christie’s Client Services will contact you.
(e) Refusal of Registration: Christie's reserves the right, at our complete discretion, to refuse your registration or participation in the auction, revoke your permission to participate and/or refuse to award you lots at any time prior to, during or even after the close of the sale.
For questions regarding Registration please contact Christie’s Client Services at signaturecellarsuk@christies.com
3. Before the Sale
(a) Examination of Property: As a prospective buyer, you are strongly advised to examine personally any lot on which you are interested in bidding, before the auction takes place. All viewings are by appointment only at our warehouse facility in Webridge, and must be scheduled at least 48 hours in advance. We can provide high definition pictures of the lots upon request. To arrange an appointment, please contact Christie’s Client Services at signaturecellarsuk@christies.com. Neither Christie’s nor the seller provides any guarantee in relation to the nature of the property. The property is sold “as is.”
(b) Lot descriptions: Our cataloguing practice for lots is explained in the Important Notices and Explanation of Cataloguing Practice located below. All statements by us in the online description of any property (the “lot description”), in any condition, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. The contents of any lot description are subject to change and should not be relied upon as definitively representing the lot. References in the lot description or any other supplementary material to damage are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The absence of such a reference does not imply that an item is free from defects, nor does a reference to particular defects imply the absence of any others. Except as set forth in paragraph 6 below, neither Christie’s, nor the seller is responsible for errors or omissions in the lot description or any supplemental material, including but not limited to photographs.
(c) Estimates: The lot descriptions include estimates that are based upon prices recently paid at auction for comparable property and take into account condition, rarity, quality and provenance (history of previous ownership). Estimates are subject to revision. Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose. Estimates do not include the buyer’s premium, sales tax or any shipping or other charges.
(d) Buyer’s responsibility: All property is sold “as is” without any representation or warranty of any kind by Christie’s, Columbus Circle Wines and Spirits or the seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the lot description. If you are considering bidding on a lot you should examine it – see 3(a) above. You are also responsible for making yourself aware of any amendments to these terms and conditions during the sale, which will be available at http://onlineonly.christies.com .
4. At the Sale
(a) Logistics: The application that enables online bidding is optimised for broadband connectivity (DSL or cable modem). Please note that corporate firewalls may create difficulties for some users. Errors may occur in the quality of digital images. We do not accept liability for such difficulties or errors.
(b) Refusal of Bidding: Christie's reserves the right, at in our absolute discretion, to reject, revoke or refuse to honor any bid (even those that have been previously accepted) or, whether during or after the sale, to restart or continue the bidding. Christie’s also reserves the right to disable or deactivate your account at any time during the sale.
(c) Bidding as Principal: When making a bid whether as an individual or on behalf of an entity, a bidder is accepting personal liability to pay the purchase price, which includes the hammer price for each lot, together with the buyer’s premium, plus any applicable value added, sales or compensating use tax or equivalent tax, any and all shipping charges, including packing and handling, any loss damage liability fees, and all other applicable charges, unless it has been explicitly agreed in writing with Christie’s before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Christie’s and Christie’s will only look to the principal for payment.
(d) Online Bidding Process: An online-only auction is, by its nature, fast-moving. Competitive bidding can often progress very quickly. As soon as you place and confirm your bid amount, the bid is submitted (subject to the aggregate bidding limit set forth in paragraph 2(d)). You acknowledge that this is necessary in order to ensure that online bids are submitted and received as promptly as bids from other bidders. You accept and agree that bids submitted in this way are final and that you may not, under any circumstances, amend or retract your bid. We are not responsible for your errors in bidding.
Once you have made a bid the next bidding increment is shown for your convenience on your "Click to Bid Next Amount" button.
Bidding generally opens below the low estimate and advances in increments of up to 10%, subject to Christie’s discretion. Bidding increments:
£0 to £200 by £10s
£200 to £300 by £20s
£300 to £500 by £20, £50, £80 (i.e. £320, £350, £380)
£500 to £1000 by £50s
£1,000 to £2,000 by £100s
£2,000 to £3,000 by £200s
£3,000 to £5,000 by £200, £500, £800 (i.e. £4,200, £4,500, £4,800)
£5,000 to £10,000 by £500s
£10,000 to £20,000 by £1,000s
£20,000 to £30,000 by £2,000s
£30,000 to £50,000 by £2,000, £5,000, £8,000 (i.e. £32,000, £35,000, £38,000)
£50,000 to £100,000 by £5,000s
£100,000 to £200,000 by £10,000s
above £200,000 to repeat in the same manner as set forth above.
Christie’s may show bids in some other major currencies as well as GBP. Any conversion is for guidance only and we cannot be bound by any rate of exchange.
(e) Reserves: Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price the seller will accept and below which the lot will not be sold. The reserve will not exceed the low pre-sale estimate. If any lot is not subject to a reserve, it will be identified in the lot description. The online-only auction may execute bids on behalf of the seller up to the amount of the reserve. Under no circumstances will the system place any bid on behalf of the seller at or above the reserve. If you place a maximum bid that equals or exceeds the reserve on a lot for which the reserve has not been met, the system may automatically raise the current bid to meet the reserve price.
(f) The record of sale: The record of sale will be taken as absolute and final in all disputes. In the event of a discrepancy between Christie’s and any online records or messages provided to you and the record of sale, the record of sale will govern.
(g) Withdrawal of a Lot: Christie’s reserves the right, at our complete discretion, to withdraw any lot from the sale, prior to the lot’s closing, and shall have no liability whatsoever with regard to such withdrawal.
(h) Employee Bidding: Please note that employees of Christie’s may be bidding in this auction.
(i) Closing of Bidding: Bids may be submitted beginning on Thursday, April 3rd, 2014 from 3 p.m. (GMT) when the sale starts, at any time until the first lot closes at 3 p.m. (GMT) on Tuesday, April 15th, 2014, with the subsequent lots closing in 30 second increments thereafter, unless a bid is placed within the last three minutes of the designated closing time of a lot. If a bid is placed within the final three minutes, three additional minutes will be added to the designated closing time for that lot. The extension of any one lot’s closing time does not affect any other lot’s closing time; therefore, it is possible that lots will close out of numerical lot order.
5. After the Sale
(a) Successful bids: Unless Christie’s decides to use its discretion as set out in paragraph 4(b) above, the highest bid when the lot closes will be the successful bidder. This means a contract for sale has been formed between the seller and the successful bidder. Winning bidders will receive an email notification of any successful bid. Bidders are also requested to log in as soon as possible after the sale to obtain details of the outcome of any successful bid by checking the “Your Bids” tab of “Your Account” of the online-only auction. We do not accept responsibility for notifying you of the result of your bids.
(b) Buyer’s premium: In addition to the hammer price for each lot, you agree to pay Christie’s the buyer’s premium, together with any applicable value added tax, sales or compensating use tax or equivalent tax, any and all shipping expenses, including costs, packing and handling, any loss damage liability fees and all other applicable charges. The buyer’s premium for each lot of wine sold is 17.5% (seventeen and one half percent) of the hammer price of each lot.
(c) Payment deadline and passing of title: You must pay the full amount due (comprising the hammer price, buyer’s premium and any applicable value added, sales or compensating use tax or equivalent tax, any and all shipping or delivery fees and expenses, including costs, packing and handling, any loss damage liability fees, and all other applicable charges) no later than 11:59 p.m. (GMT) on Thursday, April 17th, 2014. This applies even if you wish to export the lot and an export license is, or may be, required. You will not acquire title and own the lot until all amounts due to Christie’s have been received by us in full, cleared funds even in circumstances where Christie’s has released the lot to you.
(d) Payment method: You must pay for any lot bought at Christie’s via the online-only auction by credit card. We will only accept credit cards with a Mastercard, Visa, American Express or China Union Pay (if the China Union Pay credit card has a Visa or Mastercard logo). Please note, however, that Christie’s is unable to accept gift cards with one of the above logos. Other methods of payment will not be accepted. Christie’s will only accept payment from the registered bidder – individual or entity. If you registered and bid as an entity in accordance with paragraph 2(b), your entity will need to pay for any purchases via a credit card issued to the entity account. Partial payment of a lot, or payment across multiple credit cards for a single lot, will not be allowed. If you purchase multiple lots, you may purchase one lot with one credit card and another lot with a different credit card but you will need to go through two separate check-outs. If you are the winning bidder of any lot, in order to pay for your lot, you will need to log onto your account and check out your basket on the “Your Account” tab. You will need to enter your credit card information on check-out. The credit card you provide will be charged in pounds sterling. For non-UK, the actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company when you are actually charged. If you have any questions with regard to payment, please contact Christie's Client Services at signaturecellarsuk@christies.com or +44 020 7839 9060
(e) VAT: In addition to the hammer price and buyer’s premium (as well as any and all shipping or delivery expenses, any loss damage liability fees and all other applicable charges), Value Added Tax or any other applicable tax will be collected, as applicable, before the lot may be released. It is the buyer’s responsibility to ascertain and pay all taxes due. Christie’s is not able to honor Margin Scheme opt out through the online-only auction process and cannot grant any exemption upon check-out for applicable VAT to any bidder. As a successful bidder your entity will be charged sales tax, if applicable, as part of the check-out process. VAT Registered buyers wishing to opt out of Margin Scheme will need to contact Christie’s with appropriate valid and up-to-date documentation and Christie’s will facilitate the process including re-invoicing, refunds and/or additional charges, where applicable. It is your responsibility to obtain any relevant documentation and provide it to Christie’s and any delay in obtaining the corrected invoice and/or charges or refunds shall not justify the rescission of any sale.
(f) International duties: For international buyers, the terms of sale are Delivered Duty Unpaid (DDU). It is your responsibility to ascertain and pay all international duties, customs charges, taxes and tariffs owed to the appropriate government entity or to be paid prior to shipment and/or delivery.
(g) Due diligence and offsetting: Christie’s shall be entitled to retain any items sold until all amounts due from the buyer to Christie’s, or to Christie’s International plc, or to any of its affiliates, subsidiaries or parent companies worldwide, have been received in full, cleared funds or until the buyer has satisfied such other terms as Christie’s, in our complete discretion, shall require, including, for the avoidance of doubt, completing any anti-money laundering or anti-terrorism financing checks we may require. If such amounts are not paid or such checks are not satisfied, Christie’s shall be entitled to cancel the sale and to take any other actions that are required or permitted under applicable law. If any items sold have not been collected or for which shipping arrangements have not been confirmed or paid for in full by April 17th, 2014 administration and handling fees may apply at Christie’s discretion.
(h) Release of your purchased lots: All wines are held at EHD London No. 1 Bond facilities in Surrey. Subject to paragraph 5(e) above, unless otherwise directed by you, EHD/Christie’s will store your purchased lots that are paid for in full by the payment deadline of no later than 11:59 p.m. (GMT) on April 17th, 2014, free of charge until either the relevant deadline for shipment, at which time purchases will be either be shipped or collected at your expense and pursuant to the instructions you provided at time of payment. Payment for your purchase, including any applicable charges for shipping, and a provision of your final shipping destination, must be submitted to Christie’s by the payment deadline to qualify for this extended free-of-charge storage. Any lots not arranged for shipment or collection by May 15th, 2014 will be stored at Christie’s dedicated warehouse or, at our discretion, at any other place of storage, at a cost of £10 plus VAT per case or part case per calendar month. If the lot remains for more than 6 months without prior arrangements, we reserve the right to resell the lot on such terms as we shall think fit and to deduct from the net proceeds of sale charges for removal, storage, handling, and any other costs incurred, together with all other amounts due to Christie’s.
If you wish to arrange for collection of your purchase(s), or to transfer to an existing EHD storage account, you must indicate that at time of check-out. All collections must be by appointment made in advance and no collections are permitted during the weekend or after business hours. For any post-sale inquiries, contact Christie’s Client Services at signaturecellarsuk@christies.com.
If you wish to have your purchase(s) facilitated by Christie’s for shipment, a valid shipping address must be provided at the time of check-out. Upon payment, purchases will be shipped to the address you provide at check-out. Purchases cannot be delivered to P.O. boxes. No deliveries will take place during the weekend. Any inquiry regarding shipment should be directed to Christie’s Client Services at signaturecellarsuk@christies.com .
You will be responsible for any and all shipping expenses, including costs, packing and handling, and loss damage liability fees. Christie’s will arrange for its forwarders to provide loss damage liability for purchased lots when arrangements are made for such lots to be shipped or delivered to you at a rate of 1% (one percent) of the total purchase price. This will be charged at check-out and will cover loss, theft, damage or breakage. Neither Christie’s, or its forwarding agents can be held responsible for any changes to the wines during shipment or for leakage.
Although we shall use reasonable efforts to take care when handling, packing and facilitating any shipment of a purchased lot, Christie’s is not responsible for any acts or omissions of any third party retained for these purposes, including, without limitation, any packing, shipping or delivery of purchased lots. Similarly, where we may suggest any third party handler, packer or carrier if so requested, we do not accept liability for their acts or omissions.
You should be aware that many countries regulate the shipment of wine into their country and Christie’s makes no representation to the legal rights of anyone to ship or import alcoholic beverages into any country. Special permits may be required. The buyer is solely responsible for being aware of and complying with local laws and the laws of other countries concerning the importation of alcoholic beverages.
Local laws apply where alcoholic beverages are delivered. Any wines delivered or shipped to you or your agent must be received and signed for by an adult who is of legal age in compliance with local laws. The buyer is responsible for paying any shipping charges if property is returned to Christie’s due to the recipient’s failure to provide positive proof of age, the provision of an invalid delivery address (including but not limited to a P.O. Box) or the lack of a recipient to sign and accept delivery.
(i) Limitation on shipment of wines: Bidders are reminded of the limitations and restrictions imposed by various states and countries regarding the importation of wines which have been purchased at auction in one state or country and shipped into another state or country. Various jurisdictions – both within and outside of the United Kingdom – may prohibit the importation or limit the quantity of wines that may be shipped into their jurisdictions. In addition, various jurisdictions may require the buyer, seller, shipper or other entity to possess certain licenses or permits before shipping wines. It is the sole responsibility of the buyer to determine before bidding at auction whether wines can be shipped into any state or country or jurisdiction or legally exported from the United Kingdom or imported into any foreign country and the legal obligation or responsibility for obtaining any required permits or licenses on behalf of the buyer prior to shipment. It is the buyer’s responsibility to abide by any customs regulations and required declarations for international shipments. Christie’s makes no representation as to the legal rights of any buyer to ship wines to or from any jurisdiction.
(j) Import/export licenses or other permits: Unless otherwise agreed by us in writing, the fact that the buyer wishes to apply for an import and/or export license or some other permit and/or license for shipment does not affect his or her obligation to make payment on the payment due date nor our right to charge interest or storage charges on late payment. A delay in obtaining required permits or licenses shall not justify a rescission of any sale nor a delay in making full payment for the lot, and we shall not be obligated to refund any interest or other expenses incurred by the buyer. Local laws may prohibit the import of some property and/or may prohibit the resale of some property in the country of importation. No such restriction shall justify the rescission of any sale or delay in making full payment for the lot.
(k) Remedies for non payment: If the buyer fails to make payment in full in good cleared funds by the payment due date required by paragraph 5(c), Christie’s will be entitled in our absolute discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to us by law):
(a) To charge interest at such rate as Christie’s shall reasonably decide;
(b) to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
(c) to cancel the sale;
(d) to resell the property publicly or privately on such terms as we shall think fit;
(e) to set off against any amounts which we, or Christie’s International plc, or to any of its affiliates, subsidiaries or parent companies worldwide, may owe the buyer in any other transactions, the outstanding amount remaining unpaid by the buyer in respect of different transactions; and/or
(f) to reject at any future auction any bids made by or on behalf of the buyer or to obtain a deposit from the buyer before accepting any bids.
(g) To exercise all the rights and remedies of a person holding security over any property in Christie’s possession owned by the buyer, whether by way of pledge, security interest or in any other way, to the fullest extent permitted by the law of the place where such property is located. The buyer will be deemed to have granted such security to Christie’s and Christie’s may retain such property as collateral security for such buyer's obligations to Christie’s; and/or
(h) To take such other action as Christie’s deems necessary or appropriate.
(l) Failure to collect purchases: Any lots not arranged for shipment or collection by May 15th, 2014 will be stored at Christie’s dedicated warehouse or, at our discretion, at any other place of storage, at a cost of £10 plus VAT per case or part case per calendar month. If the lot remains for more than 6 months without prior arrangements, we reserve the right to resell the lot on such terms as we shall think fit and to deduct from the net proceeds of sale charges for removal, storage, handling, and any other costs incurred, together with all other amounts due to Christie’s.
6. Extent of Liability for Christie’s
(a) Christie’s offers internet services as a convenience to our clients, but Christie’s will not be responsible to you for errors or failures to execute bids placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (i) any loss of connection to the online-only auction; (ii) a breakdown or problems with the online bidding software; and/or (iii) a breakdown or problems with any internet connection, computer, mobile device or system. Execution of on-line and mobile internet bids is a free service and Christie’s does not accept liability for failing to access the bidding site or to execute an online or mobile internet bid or for errors or omissions in connection with this activity. In addition, condition reports and currency converter are free services and Christie’s is not responsible to you for any error or breakdown in these services.
(b) Neither the seller, nor Christie’s, nor any of their officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Except as stated below, neither the seller, Christie’s, nor any of their officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition, history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.
(c) Notwithstanding any other terms of these Conditions of Sale, if within 30 days after the sale, Christie’s has received from the original buyer of any property notice of a claim in writing that any lot is short or has suffered breakage, then Christie’s in its sole discretion will decide any such claim as between the seller and the buyer and may rescind the sale and refund the purchase price received. The benefits of the warranty are not assignable and shall only apply to the original buyer when the lot was sold at this online-only auction. The original buyer must have remained the owner of the lot without disposing of any interest in it to any third party. The buyer’s sole and exclusive remedy against Christie’s and the seller, and any of their officers, employees or agents, in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original purchase price paid for the lot. Neither Christie’s, nor the seller will be liable for any special, incidental or consequential damages including, without limitation, loss of profits or interest.
(d) Neither the seller, Christie’s, nor any of their officers, employees or agents, are responsible for any loss caused by or resulting from confiscation of a shipment of purchased property to any state or foreign country or risks of restricted transportation of wines by government or public authority.
(e) In addition to the other rights of cancellation contained in this agreement, Christie’s can cancel a sale of a lot if we reasonably believe that completing the transaction is or may be unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.
(f) Translations of certain documents relating to the sale, including but not limited to lot descriptions and these Conditions of Sale and Terms of Use and the Important Notices and Explanation of Cataloguing Practice, may be provided as a convenience to our clients. Christie’s makes no representation as to the accuracy of such translations and will not be held responsible for errors in bidding arising from inaccuracies in translation.
7. Copyright
(a) The copyright in all images, illustrations and written material produced by or for Christie’s relating to a lot, is and shall remain at all times the property of Christie’s and shall not be used by the buyer, nor by anyone else, without our prior written consent. Christie’s and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it.
(b) The contents of the online-only auction as displayed within LotFinder or or http://onlineonly.christies.com , including but not limited to text, graphics, and images (hereinafter the “Material”) are protected by copyright, trademark and other laws and are owned or controlled by Christie’s Inc., Christie’s Images Inc., Christie’s Images Ltd., and/or other affiliated entities (together, “Christie’s”) and/or by third parties. Christie’s authorizes you to view and download a single copy of the Material solely for your personal, non-commercial use. All rights in and to the Material not expressly granted to you are reserved. You may not sell, prepare derivative works based on, modify, reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without the express prior written permission of Christie’s. For information on obtaining licenses to use the photographs that appear on LotFinder or or http://onlineonly.christies.com , please inquire with Christie’s Client Services at imageslondon@christies.com.
8. Severability
If any part of these Conditions of Sale and Terms of Use is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
9. Personal Information
Christie’s will hold and process your personal information and may pass it to another Christie’s Group company for use as described in, and in line with, our privacy policy at www.christies.com/about/help/privacy. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that occur under your account. Our services use GlobalCollect™ to process all payments, and may include fraud prevention reviews. Payment-specific information is submitted to GlobalCollect™ and is processed on secure servers in accordance with the rules of the PCI Security Standards Council, for which GlobalCollect™ is fully certified. The information submitted and used for processing includes without limitation:
• Name and contact details including shipping and billing addresses
• Credit Card information
• Total transaction value
• The IP Address from which you are checking out
Christie’s do not have access to or retain any Credit Card information details.
10. Law and jurisdiction
The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of England. By registering to bid at auction, the buyer shall be deemed to have submitted, for the benefit of Christie’s, to the exclusive jurisdiction of the courts of London.
11. Special Notice Regarding Wines
(a) Though every effort is made to describe the wines in the lot descriptions and to describe or measure the levels of older vintages, buyers of old wines must make appropriate allowances for natural variations of ullages, conditions of corks and wine. Corks over twenty (20) years old being to lose their elasticity and levels can changes between cataloguing and sale. Old corks have also been known to fail during or after shipment. We therefore repeat that there is always a risk of cork failure with old wines and due allowance must be made for this. Under no circumstances can a return be accepted or an adjustment of price or credit be made after delivery except under the terms stated in paragraph 6, above, of the Conditions of Sale.
(b) Unless otherwise stated, Bordeaux are château bottled and all wines are bottled in the country of production.
(c) Important note regarding opening of cases and listing of levels: Christie’s general policy is to open all wood cases and to describe levels. Bidders must make allowances for reasonable variations in ullage which may be encountered in cases older than twenty (20) years. Additionally, all wine younger than twenty (20) years have levels bottom neck / 2.5 cm or better unless otherwise noted.
ONLINE WINE AUCTION – SALE 1034
3 April – 15 April, 2014
CONDITIONS OF SALE AND TERMS OF USE
These Conditions of Sale and Terms of Use and the Important Notices and Explanation of Cataloguing Practice contain all the terms on which Christie Manson & Woods Limited, 8 King Street, London, SW1Y 6QT, and the seller (also referred to as the “seller”) (together, also referred to as “Christie’s”, "we", "us", "our" and "ourselves") contract with you (also referred to as the "buyer"). If there are any amendments to these Conditions of Sale and Terms of Use and the Important Notices and Explanation of Cataloguing Practice, you will find such amendments at http://onlineonly.christies.com during the sale and such amendments will supersede terms and conditions provided herein. By registering to bid at auction you agree to be bound by and accept these Conditions of Sale and Terms of Use and the Important Notices and Explanation of Cataloguing Practice.
Please read the Conditions of Sale and Terms of Use and Important Notices and Explanation of Cataloguing Practice carefully prior to registering. If you have any questions, please email signaturecellarsuk@christies.com or call +44 020 7839 9060.
1. Christie’s as Agent
Except as otherwise stated, Christie’s acts as agent for the seller. The contract for the sale of the property is therefore made between the seller and the buyer.
2. Bidder Registration
(a) My Christie’s: In order to be able to bid at the online-only auction you must first create a MyChristie’s account online and subsequently register for the sale at http://onlineonly.christies.com . If you have an existing MyChristie’s account, you can sign into the online-only auction with your existing username and password and then subsequently register for the auction (if you have multiple accounts, you will need to select the account under which you wish to transact). If you have not previously bid or consigned with MyChristie’s and, therefore, do not already have a MyChristie’s account, you will need to first create a MyChristie’s account following the instructions provided at http://onlineonly.christies.com and providing any required information and/or completing any necessary forms. Registration for the sale can be completed at any time beginning on April 3, 2014 at 3 p.m. (GMT) when the sale starts and ending prior to the closing of the last lot of the on April 15, 2014.
(b) Registering as principal / on behalf of an entity: When registering to bid whether as an individual or on behalf of an entity, you accept that in making a bid, you are accepting personal liability to pay the purchase price, including the final bid price (the “hammer price”) for each lot together with the buyer’s premium, plus any applicable value added, sales or compensating use tax or equivalent tax, any and all shipping expenses, including costs, packing and handling, any loss damage liability fees, and all other applicable charges, unless it has been explicitly agreed in writing with Christie’s before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Christie’s and Christie’s will only look to the principal for payment.
If you are bidding on behalf of an entity, and the entity already has a MyChristie’s account, the entity’s name will need to be entered as part of the sale registration process. If your entity does not already have a MyChristie’s account, you cannot register online at http://onlineonly.christies.com . Please contact Christie’s Client Service Center at +44 020 7839 9060. In either situation, Christie’s may require your entity to provide certain documents or meet certain qualifications as set forth below.
As a successful bidder, if you registered as an entity bidder, your entity will need to pay for any purchases via a credit card issued to the entity’s account and not a personal account.
Christie’s is not able to honor VAT Registered clients wishing to opt out of Margin Scheme through the online-only auction processes. As a successful bidder, you will be charged VAT based on opting in to Margin Scheme, and, if applicable, appropriate VAT charged as part of the check-out process. VAT Registered buyers wishing to opt out of Margin Scheme will need to contact Christie’s with appropriate valid and up-to-date documentation and Christie’s will facilitate the process including re-invoicing, refunds and/or additional charges, where applicable. It is your responsibility to obtain any relevant documentation and provide it to Christie’s and any delay in obtaining the corrected invoice and/or charges or refunds shall not justify the rescission of any sale.
(c) Age Limit: United Kingdom law requires that you must be at least 18 years of age to purchase alcoholic beverages. In order to register to bid, you must be at least 18 years old.
(d) Requirements and Bidding Limits: In order to register to bid, you are required to supply the information requested, including valid credit card information. If you are bidding on behalf of an entity, you should provide information for the credit card issued to the entity’s account.
Each bidder is subject to an aggregate bidding limit in the amount of GBP £300,000 for this particular online auction only. This aggregate limit shall apply to all items bid upon in the aggregate, and shall not apply on a per lot basis. The bidding limit is based upon the maximum bid you enter as opposed to the actual bid amount accepted at that time. Christie’s, in its sole discretion, may lower or rescind this limit and has the ability to contact you to request the production of documents or information in relation to such limit. A maximum bid on a lot is deducted against the aggregate bidding limit and the bidding limit will not be reset until that lot closes. If you should reach the aggregate bidding limit based on the bids you place (whether maximum bids or actual bid amounts), you will not be able to place any further bids on those items or any additional bids on other items. You may adjust (i.e. remove, lower or increase) a maximum bid on a lot as long as the bids accepted on such lot have not met or exceeded the maximum bid amount. If you have a question regarding your bidding limit, please contact Christie’s Credit department at signaturecellarsuk@christies.com.
Christie’s may also require the production of bank or other financial references or that you meet certain qualifications. Christie’s may also require deposits of a portion of a placed bid to be made to Christie’s. In such event, should you not be the successful bidder, your deposit shall be promptly returned to you. If you are the successful bidder, any such deposit shall be used to offset the appropriate portion of the purchase price.
If this is your first time registering to bid at a Christie’s sale (live or online), you will need to create a MyChristie’s account before registering to bid at http://onlineonly.christies.com . Christie’s may require you, or, if you are registering to bid on behalf of an entity in accordance with paragraph 2(b), your entity, to provide the following types of information and/or documentation, if applicable: Confirmation of registration (including but not limited to, a Certificate of Incorporation or Certificate of Formation or Certificate of Good Standing); Confirmation of beneficial ownership (e.g., schedule of shareholders, articles of organization or operating agreement); Confirmation of registered address (e.g., utility bill, bank statement, if the registered address is not listed on the entity’s documents); valid, government-issued photo ID for account owner (driver’s license, passport or national identity card); and, if applicable, Liquor License and Resale certificate, certificate of authority, or seller’s permit. Christie’s Client Services will contact you.
(e) Refusal of Registration: Christie's reserves the right, at our complete discretion, to refuse your registration or participation in the auction, revoke your permission to participate and/or refuse to award you lots at any time prior to, during or even after the close of the sale.
For questions regarding Registration please contact Christie’s Client Services at signaturecellarsuk@christies.com
3. Before the Sale
(a) Examination of Property: As a prospective buyer, you are strongly advised to examine personally any lot on which you are interested in bidding, before the auction takes place. All viewings are by appointment only at our warehouse facility in Webridge, and must be scheduled at least 48 hours in advance. We can provide high definition pictures of the lots upon request. To arrange an appointment, please contact Christie’s Client Services at signaturecellarsuk@christies.com. Neither Christie’s nor the seller provides any guarantee in relation to the nature of the property. The property is sold “as is.”
(b) Lot descriptions: Our cataloguing practice for lots is explained in the Important Notices and Explanation of Cataloguing Practice located below. All statements by us in the online description of any property (the “lot description”), in any condition, or made orally or in writing elsewhere, are statements of opinion and are not to be relied on as statements of fact. Such statements do not constitute a representation, warranty or assumption of liability by us of any kind. The contents of any lot description are subject to change and should not be relied upon as definitively representing the lot. References in the lot description or any other supplementary material to damage are for guidance only and should be evaluated by personal inspection by the bidder or a knowledgeable representative. The absence of such a reference does not imply that an item is free from defects, nor does a reference to particular defects imply the absence of any others. Except as set forth in paragraph 6 below, neither Christie’s, nor the seller is responsible for errors or omissions in the lot description or any supplemental material, including but not limited to photographs.
(c) Estimates: The lot descriptions include estimates that are based upon prices recently paid at auction for comparable property and take into account condition, rarity, quality and provenance (history of previous ownership). Estimates are subject to revision. Estimates of the selling price should not be relied on as a statement that this is the price at which the item will sell or its value for any other purpose. Estimates do not include the buyer’s premium, sales tax or any shipping or other charges.
(d) Buyer’s responsibility: All property is sold “as is” without any representation or warranty of any kind by Christie’s, Columbus Circle Wines and Spirits or the seller. Buyers are responsible for satisfying themselves concerning the condition of the property and the matters referred to in the lot description. If you are considering bidding on a lot you should examine it – see 3(a) above. You are also responsible for making yourself aware of any amendments to these terms and conditions during the sale, which will be available at http://onlineonly.christies.com .
4. At the Sale
(a) Logistics: The application that enables online bidding is optimised for broadband connectivity (DSL or cable modem). Please note that corporate firewalls may create difficulties for some users. Errors may occur in the quality of digital images. We do not accept liability for such difficulties or errors.
(b) Refusal of Bidding: Christie's reserves the right, at in our absolute discretion, to reject, revoke or refuse to honor any bid (even those that have been previously accepted) or, whether during or after the sale, to restart or continue the bidding. Christie’s also reserves the right to disable or deactivate your account at any time during the sale.
(c) Bidding as Principal: When making a bid whether as an individual or on behalf of an entity, a bidder is accepting personal liability to pay the purchase price, which includes the hammer price for each lot, together with the buyer’s premium, plus any applicable value added, sales or compensating use tax or equivalent tax, any and all shipping charges, including packing and handling, any loss damage liability fees, and all other applicable charges, unless it has been explicitly agreed in writing with Christie’s before the commencement of the sale that the bidder is acting as agent on behalf of an identified third party acceptable to Christie’s and Christie’s will only look to the principal for payment.
(d) Online Bidding Process: An online-only auction is, by its nature, fast-moving. Competitive bidding can often progress very quickly. As soon as you place and confirm your bid amount, the bid is submitted (subject to the aggregate bidding limit set forth in paragraph 2(d)). You acknowledge that this is necessary in order to ensure that online bids are submitted and received as promptly as bids from other bidders. You accept and agree that bids submitted in this way are final and that you may not, under any circumstances, amend or retract your bid. We are not responsible for your errors in bidding.
Once you have made a bid the next bidding increment is shown for your convenience on your "Click to Bid Next Amount" button.
Bidding generally opens below the low estimate and advances in increments of up to 10%, subject to Christie’s discretion. Bidding increments:
£0 to £200 by £10s
£200 to £300 by £20s
£300 to £500 by £20, £50, £80 (i.e. £320, £350, £380)
£500 to £1000 by £50s
£1,000 to £2,000 by £100s
£2,000 to £3,000 by £200s
£3,000 to £5,000 by £200, £500, £800 (i.e. £4,200, £4,500, £4,800)
£5,000 to £10,000 by £500s
£10,000 to £20,000 by £1,000s
£20,000 to £30,000 by £2,000s
£30,000 to £50,000 by £2,000, £5,000, £8,000 (i.e. £32,000, £35,000, £38,000)
£50,000 to £100,000 by £5,000s
£100,000 to £200,000 by £10,000s
above £200,000 to repeat in the same manner as set forth above.
Christie’s may show bids in some other major currencies as well as GBP. Any conversion is for guidance only and we cannot be bound by any rate of exchange.
(e) Reserves: Unless otherwise indicated, all lots are offered subject to a reserve, which is the confidential minimum price the seller will accept and below which the lot will not be sold. The reserve will not exceed the low pre-sale estimate. If any lot is not subject to a reserve, it will be identified in the lot description. The online-only auction may execute bids on behalf of the seller up to the amount of the reserve. Under no circumstances will the system place any bid on behalf of the seller at or above the reserve. If you place a maximum bid that equals or exceeds the reserve on a lot for which the reserve has not been met, the system may automatically raise the current bid to meet the reserve price.
(f) The record of sale: The record of sale will be taken as absolute and final in all disputes. In the event of a discrepancy between Christie’s and any online records or messages provided to you and the record of sale, the record of sale will govern.
(g) Withdrawal of a Lot: Christie’s reserves the right, at our complete discretion, to withdraw any lot from the sale, prior to the lot’s closing, and shall have no liability whatsoever with regard to such withdrawal.
(h) Employee Bidding: Please note that employees of Christie’s may be bidding in this auction.
(i) Closing of Bidding: Bids may be submitted beginning on Thursday, April 3rd, 2014 from 3 p.m. (GMT) when the sale starts, at any time until the first lot closes at 3 p.m. (GMT) on Tuesday, April 15th, 2014, with the subsequent lots closing in 30 second increments thereafter, unless a bid is placed within the last three minutes of the designated closing time of a lot. If a bid is placed within the final three minutes, three additional minutes will be added to the designated closing time for that lot. The extension of any one lot’s closing time does not affect any other lot’s closing time; therefore, it is possible that lots will close out of numerical lot order.
5. After the Sale
(a) Successful bids: Unless Christie’s decides to use its discretion as set out in paragraph 4(b) above, the highest bid when the lot closes will be the successful bidder. This means a contract for sale has been formed between the seller and the successful bidder. Winning bidders will receive an email notification of any successful bid. Bidders are also requested to log in as soon as possible after the sale to obtain details of the outcome of any successful bid by checking the “Your Bids” tab of “Your Account” of the online-only auction. We do not accept responsibility for notifying you of the result of your bids.
(b) Buyer’s premium: In addition to the hammer price for each lot, you agree to pay Christie’s the buyer’s premium, together with any applicable value added tax, sales or compensating use tax or equivalent tax, any and all shipping expenses, including costs, packing and handling, any loss damage liability fees and all other applicable charges. The buyer’s premium for each lot of wine sold is 17.5% (seventeen and one half percent) of the hammer price of each lot.
(c) Payment deadline and passing of title: You must pay the full amount due (comprising the hammer price, buyer’s premium and any applicable value added, sales or compensating use tax or equivalent tax, any and all shipping or delivery fees and expenses, including costs, packing and handling, any loss damage liability fees, and all other applicable charges) no later than 11:59 p.m. (GMT) on Thursday, April 17th, 2014. This applies even if you wish to export the lot and an export license is, or may be, required. You will not acquire title and own the lot until all amounts due to Christie’s have been received by us in full, cleared funds even in circumstances where Christie’s has released the lot to you.
(d) Payment method: You must pay for any lot bought at Christie’s via the online-only auction by credit card. We will only accept credit cards with a Mastercard, Visa, American Express or China Union Pay (if the China Union Pay credit card has a Visa or Mastercard logo). Please note, however, that Christie’s is unable to accept gift cards with one of the above logos. Other methods of payment will not be accepted. Christie’s will only accept payment from the registered bidder – individual or entity. If you registered and bid as an entity in accordance with paragraph 2(b), your entity will need to pay for any purchases via a credit card issued to the entity account. Partial payment of a lot, or payment across multiple credit cards for a single lot, will not be allowed. If you purchase multiple lots, you may purchase one lot with one credit card and another lot with a different credit card but you will need to go through two separate check-outs. If you are the winning bidder of any lot, in order to pay for your lot, you will need to log onto your account and check out your basket on the “Your Account” tab. You will need to enter your credit card information on check-out. The credit card you provide will be charged in pounds sterling. For non-UK, the actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company when you are actually charged. If you have any questions with regard to payment, please contact Christie's Client Services at signaturecellarsuk@christies.com or +44 020 7839 9060
(e) VAT: In addition to the hammer price and buyer’s premium (as well as any and all shipping or delivery expenses, any loss damage liability fees and all other applicable charges), Value Added Tax or any other applicable tax will be collected, as applicable, before the lot may be released. It is the buyer’s responsibility to ascertain and pay all taxes due. Christie’s is not able to honor Margin Scheme opt out through the online-only auction process and cannot grant any exemption upon check-out for applicable VAT to any bidder. As a successful bidder your entity will be charged sales tax, if applicable, as part of the check-out process. VAT Registered buyers wishing to opt out of Margin Scheme will need to contact Christie’s with appropriate valid and up-to-date documentation and Christie’s will facilitate the process including re-invoicing, refunds and/or additional charges, where applicable. It is your responsibility to obtain any relevant documentation and provide it to Christie’s and any delay in obtaining the corrected invoice and/or charges or refunds shall not justify the rescission of any sale.
(f) International duties: For international buyers, the terms of sale are Delivered Duty Unpaid (DDU). It is your responsibility to ascertain and pay all international duties, customs charges, taxes and tariffs owed to the appropriate government entity or to be paid prior to shipment and/or delivery.
(g) Due diligence and offsetting: Christie’s shall be entitled to retain any items sold until all amounts due from the buyer to Christie’s, or to Christie’s International plc, or to any of its affiliates, subsidiaries or parent companies worldwide, have been received in full, cleared funds or until the buyer has satisfied such other terms as Christie’s, in our complete discretion, shall require, including, for the avoidance of doubt, completing any anti-money laundering or anti-terrorism financing checks we may require. If such amounts are not paid or such checks are not satisfied, Christie’s shall be entitled to cancel the sale and to take any other actions that are required or permitted under applicable law. If any items sold have not been collected or for which shipping arrangements have not been confirmed or paid for in full by April 17th, 2014 administration and handling fees may apply at Christie’s discretion.
(h) Release of your purchased lots: All wines are held at EHD London No. 1 Bond facilities in Surrey. Subject to paragraph 5(e) above, unless otherwise directed by you, EHD/Christie’s will store your purchased lots that are paid for in full by the payment deadline of no later than 11:59 p.m. (GMT) on April 17th, 2014, free of charge until either the relevant deadline for shipment, at which time purchases will be either be shipped or collected at your expense and pursuant to the instructions you provided at time of payment. Payment for your purchase, including any applicable charges for shipping, and a provision of your final shipping destination, must be submitted to Christie’s by the payment deadline to qualify for this extended free-of-charge storage. Any lots not arranged for shipment or collection by May 15th, 2014 will be stored at Christie’s dedicated warehouse or, at our discretion, at any other place of storage, at a cost of £10 plus VAT per case or part case per calendar month. If the lot remains for more than 6 months without prior arrangements, we reserve the right to resell the lot on such terms as we shall think fit and to deduct from the net proceeds of sale charges for removal, storage, handling, and any other costs incurred, together with all other amounts due to Christie’s.
If you wish to arrange for collection of your purchase(s), or to transfer to an existing EHD storage account, you must indicate that at time of check-out. All collections must be by appointment made in advance and no collections are permitted during the weekend or after business hours. For any post-sale inquiries, contact Christie’s Client Services at signaturecellarsuk@christies.com.
If you wish to have your purchase(s) facilitated by Christie’s for shipment, a valid shipping address must be provided at the time of check-out. Upon payment, purchases will be shipped to the address you provide at check-out. Purchases cannot be delivered to P.O. boxes. No deliveries will take place during the weekend. Any inquiry regarding shipment should be directed to Christie’s Client Services at signaturecellarsuk@christies.com .
You will be responsible for any and all shipping expenses, including costs, packing and handling, and loss damage liability fees. Christie’s will arrange for its forwarders to provide loss damage liability for purchased lots when arrangements are made for such lots to be shipped or delivered to you at a rate of 1% (one percent) of the total purchase price. This will be charged at check-out and will cover loss, theft, damage or breakage. Neither Christie’s, or its forwarding agents can be held responsible for any changes to the wines during shipment or for leakage.
Although we shall use reasonable efforts to take care when handling, packing and facilitating any shipment of a purchased lot, Christie’s is not responsible for any acts or omissions of any third party retained for these purposes, including, without limitation, any packing, shipping or delivery of purchased lots. Similarly, where we may suggest any third party handler, packer or carrier if so requested, we do not accept liability for their acts or omissions.
You should be aware that many countries regulate the shipment of wine into their country and Christie’s makes no representation to the legal rights of anyone to ship or import alcoholic beverages into any country. Special permits may be required. The buyer is solely responsible for being aware of and complying with local laws and the laws of other countries concerning the importation of alcoholic beverages.
Local laws apply where alcoholic beverages are delivered. Any wines delivered or shipped to you or your agent must be received and signed for by an adult who is of legal age in compliance with local laws. The buyer is responsible for paying any shipping charges if property is returned to Christie’s due to the recipient’s failure to provide positive proof of age, the provision of an invalid delivery address (including but not limited to a P.O. Box) or the lack of a recipient to sign and accept delivery.
(i) Limitation on shipment of wines: Bidders are reminded of the limitations and restrictions imposed by various states and countries regarding the importation of wines which have been purchased at auction in one state or country and shipped into another state or country. Various jurisdictions – both within and outside of the United Kingdom – may prohibit the importation or limit the quantity of wines that may be shipped into their jurisdictions. In addition, various jurisdictions may require the buyer, seller, shipper or other entity to possess certain licenses or permits before shipping wines. It is the sole responsibility of the buyer to determine before bidding at auction whether wines can be shipped into any state or country or jurisdiction or legally exported from the United Kingdom or imported into any foreign country and the legal obligation or responsibility for obtaining any required permits or licenses on behalf of the buyer prior to shipment. It is the buyer’s responsibility to abide by any customs regulations and required declarations for international shipments. Christie’s makes no representation as to the legal rights of any buyer to ship wines to or from any jurisdiction.
(j) Import/export licenses or other permits: Unless otherwise agreed by us in writing, the fact that the buyer wishes to apply for an import and/or export license or some other permit and/or license for shipment does not affect his or her obligation to make payment on the payment due date nor our right to charge interest or storage charges on late payment. A delay in obtaining required permits or licenses shall not justify a rescission of any sale nor a delay in making full payment for the lot, and we shall not be obligated to refund any interest or other expenses incurred by the buyer. Local laws may prohibit the import of some property and/or may prohibit the resale of some property in the country of importation. No such restriction shall justify the rescission of any sale or delay in making full payment for the lot.
(k) Remedies for non payment: If the buyer fails to make payment in full in good cleared funds by the payment due date required by paragraph 5(c), Christie’s will be entitled in our absolute discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available to us by law):
(a) To charge interest at such rate as Christie’s shall reasonably decide;
(b) to hold the defaulting buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, legal fees and costs to the fullest extent permitted under applicable law;
(c) to cancel the sale;
(d) to resell the property publicly or privately on such terms as we shall think fit;
(e) to set off against any amounts which we, or Christie’s International plc, or to any of its affiliates, subsidiaries or parent companies worldwide, may owe the buyer in any other transactions, the outstanding amount remaining unpaid by the buyer in respect of different transactions; and/or
(f) to reject at any future auction any bids made by or on behalf of the buyer or to obtain a deposit from the buyer before accepting any bids.
(g) To exercise all the rights and remedies of a person holding security over any property in Christie’s possession owned by the buyer, whether by way of pledge, security interest or in any other way, to the fullest extent permitted by the law of the place where such property is located. The buyer will be deemed to have granted such security to Christie’s and Christie’s may retain such property as collateral security for such buyer's obligations to Christie’s; and/or
(h) To take such other action as Christie’s deems necessary or appropriate.
(l) Failure to collect purchases: Any lots not arranged for shipment or collection by May 15th, 2014 will be stored at Christie’s dedicated warehouse or, at our discretion, at any other place of storage, at a cost of £10 plus VAT per case or part case per calendar month. If the lot remains for more than 6 months without prior arrangements, we reserve the right to resell the lot on such terms as we shall think fit and to deduct from the net proceeds of sale charges for removal, storage, handling, and any other costs incurred, together with all other amounts due to Christie’s.
6. Extent of Liability for Christie’s
(a) Christie’s offers internet services as a convenience to our clients, but Christie’s will not be responsible to you for errors or failures to execute bids placed on the internet or on your mobile device, including, without limitation, errors or failures caused by: (i) any loss of connection to the online-only auction; (ii) a breakdown or problems with the online bidding software; and/or (iii) a breakdown or problems with any internet connection, computer, mobile device or system. Execution of on-line and mobile internet bids is a free service and Christie’s does not accept liability for failing to access the bidding site or to execute an online or mobile internet bid or for errors or omissions in connection with this activity. In addition, condition reports and currency converter are free services and Christie’s is not responsible to you for any error or breakdown in these services.
(b) Neither the seller, nor Christie’s, nor any of their officers, employees or agents, are responsible for the correctness of any statement of whatever kind concerning any lot, whether written or oral, nor for any other errors or omissions in description or for any faults or defects in any lot. Except as stated below, neither the seller, Christie’s, nor any of their officers, employees or agents, give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition, history, literature or historical relevance. Except as required by local law any warranty of any kind whatsoever is excluded by this paragraph.
(c) Notwithstanding any other terms of these Conditions of Sale, if within 30 days after the sale, Christie’s has received from the original buyer of any property notice of a claim in writing that any lot is short or has suffered breakage, then Christie’s in its sole discretion will decide any such claim as between the seller and the buyer and may rescind the sale and refund the purchase price received. The benefits of the warranty are not assignable and shall only apply to the original buyer when the lot was sold at this online-only auction. The original buyer must have remained the owner of the lot without disposing of any interest in it to any third party. The buyer’s sole and exclusive remedy against Christie’s and the seller, and any of their officers, employees or agents, in place of any other remedy which might be available, is the cancellation of the sale and the refund of the original purchase price paid for the lot. Neither Christie’s, nor the seller will be liable for any special, incidental or consequential damages including, without limitation, loss of profits or interest.
(d) Neither the seller, Christie’s, nor any of their officers, employees or agents, are responsible for any loss caused by or resulting from confiscation of a shipment of purchased property to any state or foreign country or risks of restricted transportation of wines by government or public authority.
(e) In addition to the other rights of cancellation contained in this agreement, Christie’s can cancel a sale of a lot if we reasonably believe that completing the transaction is or may be unlawful or that the sale places us or the seller under any liability to anyone else or may damage our reputation.
(f) Translations of certain documents relating to the sale, including but not limited to lot descriptions and these Conditions of Sale and Terms of Use and the Important Notices and Explanation of Cataloguing Practice, may be provided as a convenience to our clients. Christie’s makes no representation as to the accuracy of such translations and will not be held responsible for errors in bidding arising from inaccuracies in translation.
7. Copyright
(a) The copyright in all images, illustrations and written material produced by or for Christie’s relating to a lot, is and shall remain at all times the property of Christie’s and shall not be used by the buyer, nor by anyone else, without our prior written consent. Christie’s and the seller make no representation or warranty that the buyer of a property will acquire any copyright or other reproduction rights in it.
(b) The contents of the online-only auction as displayed within LotFinder or or http://onlineonly.christies.com , including but not limited to text, graphics, and images (hereinafter the “Material”) are protected by copyright, trademark and other laws and are owned or controlled by Christie’s Inc., Christie’s Images Inc., Christie’s Images Ltd., and/or other affiliated entities (together, “Christie’s”) and/or by third parties. Christie’s authorizes you to view and download a single copy of the Material solely for your personal, non-commercial use. All rights in and to the Material not expressly granted to you are reserved. You may not sell, prepare derivative works based on, modify, reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without the express prior written permission of Christie’s. For information on obtaining licenses to use the photographs that appear on LotFinder or or http://onlineonly.christies.com , please inquire with Christie’s Client Services at imageslondon@christies.com.
8. Severability
If any part of these Conditions of Sale and Terms of Use is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.
9. Personal Information
Christie’s will hold and process your personal information and may pass it to another Christie’s Group company for use as described in, and in line with, our privacy policy at www.christies.com/about/help/privacy. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that occur under your account. Our services use GlobalCollect™ to process all payments, and may include fraud prevention reviews. Payment-specific information is submitted to GlobalCollect™ and is processed on secure servers in accordance with the rules of the PCI Security Standards Council, for which GlobalCollect™ is fully certified. The information submitted and used for processing includes without limitation:
• Name and contact details including shipping and billing addresses
• Credit Card information
• Total transaction value
• The IP Address from which you are checking out
Christie’s do not have access to or retain any Credit Card information details.
10. Law and jurisdiction
The rights and obligations of the parties with respect to these Conditions of Sale, the conduct of the auction and any matters connected with any of the foregoing shall be governed and interpreted by the laws of England. By registering to bid at auction, the buyer shall be deemed to have submitted, for the benefit of Christie’s, to the exclusive jurisdiction of the courts of London.
11. Special Notice Regarding Wines
(a) Though every effort is made to describe the wines in the lot descriptions and to describe or measure the levels of older vintages, buyers of old wines must make appropriate allowances for natural variations of ullages, conditions of corks and wine. Corks over twenty (20) years old being to lose their elasticity and levels can changes between cataloguing and sale. Old corks have also been known to fail during or after shipment. We therefore repeat that there is always a risk of cork failure with old wines and due allowance must be made for this. Under no circumstances can a return be accepted or an adjustment of price or credit be made after delivery except under the terms stated in paragraph 6, above, of the Conditions of Sale.
(b) Unless otherwise stated, Bordeaux are château bottled and all wines are bottled in the country of production.
(c) Important note regarding opening of cases and listing of levels: Christie’s general policy is to open all wood cases and to describe levels. Bidders must make allowances for reasonable variations in ullage which may be encountered in cases older than twenty (20) years. Additionally, all wine younger than twenty (20) years have levels bottom neck / 2.5 cm or better unless otherwise noted.
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ IMPORTANT NOTICES AND EXPLANATION OF CATALOGUING PRACTICE ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
CHRISTIE’S INTEREST IN PROPERTY CONSIGNED FOR AUCTION
From time to time, Christie’s may offer a lot which it owns in whole or in part. Such property is identified in the lot description with language indicating such ownership.
On occasion, Christie’s has a direct financial interest in lots consigned for sale, which may include guaranteeing a minimum price or making an advance to the consignor that is secured solely by consigned property. Such property is identified in the lot description with language indicating such an interest. This language will appear both in cases where Christie’s holds the financial interest on its own, and in cases where Christie’s has financed all or part of such interest through third parties. When a third party agrees to finance all or part of Christie’s interest in a lot, it takes on all or part of the risk of the lot not being sold, and will be remunerated in exchange for accepting this risk. The third party may also bid for the lot. Where it does so, and is the successful bidder, the remuneration may be netted against the final purchase price. If the lot is not sold, the third party may incur a loss.
For this auction, if property has language indicating as much in the lot description, Christie’s guarantee of a minimum price has been fully financed by third parties.
ALL DIMENSIONS ARE APPROXIMATELY ONLY
CONDITION REPORTS
Any reference to condition in a catalogue entry will not amount to a full description of condition. Please contact the Wine Department at signaturecellarsuk@christies.com for supplementary information as to condition report on a particular lot.
Such information is provided as a service to interested clients. Bidders should note that descriptions of property are not warranties and that each lot is sold “as is.” We recommend that you always examine property personally.
CLASSIFICATIONS
Classifications in the text are for identification purposes only and are based on the official 1855 classification of the Médoc and other standard sources.
All wines are bottled by the producer (Château or estate owner) unless otherwise indicated in the catalogue description.
ULLAGES AND CORKS OF OLD WINES
Each lot is described in the lot description as correctly as can be ascertained at time of going to press, but buyers of old wines must make appropriate allowances for natural variations of ullages, conditions of cases, labels, corks and wine. No returns will be accepted.
ULLAGE
The amount by which level of wine is short of being full: these levels may vary according to age of the wines and, as far as can be ascertained by inspection prior to the sale, are described in the lot description.
PROPERTY INCORPORATING MATERIALS FROM ENDANGERED AND OTHER PROTECTED SPECIES
Property made of or incorporating (irrespective of percentage) endangered and other protected species of wildlife are marked with the symbol ~ in the lot description. Such material includes, among other things, ivory, tortoiseshell, crocodile skin, rhinoceros horn, whale bone and certain species of coral, together with Brazilian rosewood. Prospective purchasers are advised that several countries prohibit altogether the importation of property containing such materials, and that other countries require a CITES permit (eg, a CITES permit) from the relevant regulatory agencies in the countries of exportation as well as importation. Accordingly, clients should familiarize themselves with the relevant customs laws and regulations prior to bidding on any property with wildlife material if they intend to import the property into another country. For example, the U.S. generally prohibits the importation of articles containing species that it has designated as endangered or threatened if those articles are less than 100 years old.
Please note that it is the client’s responsibility to determine and satisfy the requirements of any applicable laws or regulations applying to the export or import of property containing endangered and other protected wildlife material. The inability of a client to export or import property containing endangered and other protected wildlife material is not a basis for cancellation or rescission of the sale. Please note also that lots containing potentially regulated wildlife material are marked as a convenience to our clients, but Christie’s does not accept liability for errors or failing to mark lots containing protected or regulated species.
SHIPPING AND COLLECTION: WINE
All wines are held at EHD London No. 1 Bond facilities in Surrey. Buyers must provide at check-out their details for collection or shipment. Buyers are expected to provide collection, transfer, or domestic or international shipping instructions. It is the buyer’s responsibility to provide valid shipping instructions. After payment had been made in full, Christie’s can facilitate the packing of and collection or shipping arrangements for the purchased lots at your request and expense and subject to any state and country laws and the laws of other countries.