Conditions of Sale and Terms of Use | Cape Fine & Rare Wine Auction

Conditions of Sale

CONDITIONS OF SALE AND TERMS OF USE

THE CAPE FINE AND RARE WINE AUCTION

Presented by Nederburg Pty Ltd, trading as the Cape Fine & Rare Wine Auction (“the Auction”).

These conditions of sale and terms of use, and all other notices, descriptions and statements concerning any lots of products are subject to modification prior to any bid being accepted.

By registering to bid, potential buyers acknowledge acceptance of the terms and conditions herein and any modification thereof.

  1. New Bidder Registration
    1. In order to be able to bid at the Auction you must first register to create a private buyers account (“an account”) with the Bergkelder Vinoteque at capefinerarewine.auction/registration. This is only applicable to buyers who have not registered and/or bid at previous Cape Fine & Rare Wine Auctions. Registration commences on 24 November 2020 and closes on 15 May 2021.
    2. You must be at least 18 years of age in order to register an account.
    3. In order to register an account, you are required to supply the information requested, including valid credit card information. The Auction may also require the production of bank or other financial references or that you meet certain qualifications.
    4. A deposit of R1, 000.00 (one thousand rand) is required in order to register an Account. If you are the successful bidder, any such deposit shall be offset against the purchase price.
    5. The Auction reserves the right, at its 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.
    6. For questions regarding Registration please contact the Auction Office at info@capefinerarewine.auction
  2. Bidding
    1. Products are sold “as is” without any representation or warranty of any kind by the Auction.
    2. 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. The Auction does not accept liability for such difficulties or errors.
    3. An online 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. 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. The Auction is not responsible for your errors in bidding.
    4. Once you have made a bid the next bidding increment is shown for your convenience on your "Click to Bid Next Amount" button.
    5. The Auction 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.
    6. The Auction may show bids in some other major currencies as well as ZAR. Any conversion is for guidance only and we cannot be bound by any rate of exchange.
    7. Unless otherwise indicated, all lots are offered subject to a reserve, which is the minimum price the Auction will accept, and below which the lot will not be sold. If an lot is not subject to a reserve, it will be identified in the lot description.
    8. The Auction reserves the right, at its 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.
    9. The highest bid when the lot closes will be the successful bidder. This means a contract for sale has been formed between the Auction and the successful bidder. Winning bidders will receive an email notification of any successful bid within 72 hours of the Auction, after the auditing process has been completed.
    10. The record of sale will be taken as final and binding. In the event of a discrepancy between The Auction’s, and any online records or messages provided to you, and the record of sale, the record of sale will prevail.
    11. Please note that employees of The Auction, and Distell, who have registered as buyers, can and may bid at the auction.
  3. Payment, Ownership, and Delivery
    1. Unless otherwise agreed to in writing, payment shall be made within 14 calendar days of the date of invoice for buyers within BLNS countries, and 30 calendar days for buyers from any other country. Normal credit and trading terms for Distell Limited account holder shall not apply.
    2. Ownership of the products shall remain with The Auction until payment has been received in full. The Auction shall also be entitled to withhold delivery of products until payment of an agreed upon deposit amount has been received.
    3. In addition to the hammer price (as well as any and all shipping or delivery expenses, any loss or damage liability fees and all other applicable charges), Value Added Tax (15%) 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.
    4. If you wish to arrange for collection of your purchase(s), the Auction must be informed at the time of invoicing. All collections must be made by appointment in advance, and no collections are permitted during the weekend or after business hours.
    5. If you wish to have your purchase(s) facilitated by the Auction for shipment, a valid shipping address must be provided at the time out of invoicing. 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 the Auction, at info@capefinerarewine.auction
    6. You will be responsible for any and all shipping expenses, including costs, packing and handling, and insurance.
    7. Although we shall use reasonable efforts to take care when handling, packing and facilitating any shipment of a purchased lot, the Auction 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.
    8. You should be aware that many countries regulate the shipment of wine into their country and The Auction makes no representation to the legal rights of anyone to ship or import alcoholic beverages into any country. Special permits may be required. You are solely responsible for being aware of and to comply with local laws and the laws of other countries concerning the importation of alcoholic beverages.
    9. 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. You are responsible for paying any shipping charges if property is returned to the Auction due to your 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
    10. If you fail to make payment in full by the payment due date required, The Auction will be entitled in its absolute discretion to exercise one or more of the following rights or remedies (in addition to asserting any other rights or remedies available by law):
      1. to charge interest at such rate as the Auction shall reasonably decide;
      2. to cancel the sale;
      3. to resell the product publicly or privately on such terms as the Auction thinks fit
      4. to reject at any future auction, any bids made by or on behalf of you, or to obtain a deposit from you before accepting any bids.
      5. to take such other action as the Auction deems necessary or appropriate.
    11. 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.

REGISTER AS A PRIVATE BUYER

Address


The Bergkelder
George Blake Street
Stellenbosch, 7600

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