Auction Terms & Conditions

Terms and Conditions of Sale by Online Auction

1. Definitions

    

    

   Within these terms and conditions:

   “Atlas” means Atlas Fine Wines Limited, UK Company Number 07368352, trading from Atlas House, 1 King Street, London EC2V 8AU and having its registered address at Park View House, 1 The Ropewalk, Nottingham NG1 8AU, also referred to as the Seller or Auctioneer.

   “Auction” means the sale of fine wines conducted online via the auction portal on Atlas’ website www.atlasfinewines.com

   “The Buyer” shall be the bidder whose bid price has been accepted for the Lot.

   "Events Outside Our Control” is as defined in clause 8.

   “Lot” means the Unit of sale whether case or bottle of each wine.

   “Purchase price” means the bid accepted by Atlas for the Lot excluding any duty, customs, delivery charges and VAT, where applicable.

   “Reserve price” means the minimum acceptable purchase price for each Lot.

   “UK CCR 2013” means the UK Consumer Contracts Regulations 2013, as amended, updated or replaced from time to time.

   “You” means a bidder for wines in the Auction.

   Please note that the singular denotes the plural and vice versa, the words include or including shall mean including without limitation.

    

    

2. Registration and bidding

    

   1. You are required to read and accept these Terms and Conditions of Sale prior to bidding for any wines. By placing a bid you are acknowledging and accepting that these Terms and Conditions of Sale apply to your bid and (if your bid is successful) to your purchase of the Lot. At the point of registering for the auction and/or in placing a bid you will be required to tick a box and click “I accept” in relation to these Terms and Conditions, the Atlas General Terms of Purchase and our Privacy Policy.
   2. You are required to register as a principal acting on your own behalf prior to bidding.
   3. You are required to check that there are no import restrictions, charges or requirements to obtain an import licence on importing fine wine into your country of residence.
   4. Atlas reserves the right to refuse or withdraw your registration.
   5. Atlas reserves the right to require a deposit of up to 10% of the minimum bid price or some other amount, or financial references or other financial guarantee or security prior to allowing you to participate in a successful bid.
   6. Atlas will return deposits to You within ten business days from the Auction if You are unsuccessful in Your bid. You will be liable for any bank and/or intermediary charges and any currency exchange differences. Atlas will not return your deposit in the event Your bid is successful, but You subsequently fail to complete the Purchase without legal justification.
   7. Bidding will commence with the minimum bid price. Please note that the minimum bid price may be less than the Reserve price and sale will not occur if the Reserve price is not achieved.
   8. Atlas reserves the right not to accept any bid nor the highest priced bid for each Lot.
   9. Bidding increments are at Atlas’ sole discretion and may vary by Lot.
   10. Atlas reserves the right to make bids on behalf of its clients.
   11. In respect of business purchasers, bids are an irrevocable offer to purchase the Lot at the price bid and on these Terms and Conditions and bids cannot be withdrawn once placed, save in the case of manifest error identified prior to Auction.
   12. The Buyer shall be the bidder accepted by Atlas for the Lot at the end of the Auction and Buyers will automatically be bound by a sale and purchase contract pursuant to these Terms and Conditions and the bid amount, subject to any additional rights it may have as a consumer.
   13. Atlas, at its sole discretion, may accept instructions to execute bids on behalf of prospective Buyers. Such instructions must be in writing. Atlas, its employees and officers, shall not be liable for any failure to comply with the instruction.
   14. Where there are two equal bids, Atlas shall have sole discretion which bid to accept.
   15. Under no circumstances shall Atlas be liable for any indirect or consequential losses, loss of profits or goodwill, nor as a result of bids not being accepted or any delays in shipment or import. If you are a business bidder or Buyer, please refer to clause 7 which sets out further limits on our liability.

        

   16. Correcting input errors. Our bid placing process allows you to check and amend any errors before submitting your bid to us. Please always check the bid carefully before submitting it. You are responsible for ensuring that your bid for each Lot is complete and accurate. If you have submitted a bid in error or have made a mistake in your bid please contact us at auctions@atlasfinwines.com immediately and, in any event, prior to completion of the relevant Auction.

        

        

        

3. Atlas is the Seller

    

   1. Atlas is the Seller of the wines which means that Atlas has good and marketable title free of third party claims to the wines and acts as principal to the sale and purchase contract.
   2. No commissions nor Buyer’s premium is charged by Atlas.

       

       

4. The Wines

    

   1. All wines are stored in professional fine wine storage facilities in the UK and are sold In Bond unless otherwise identified which means that the relevant UK Duty and VAT has not been applied. Wines may be transferred to another bonded warehouse or exported, subject to appropriate documentation, without incurring any additional tax liability. Wines delivered to a UK address shall incur Duty and VAT. You will be fully responsible for all Duty and Taxes, including VAT, which may apply to your Purchase.
   2. Where identified, wines may be Duty paid which means that the final invoice price will include VAT if purchased by a UK Buyer. Wines may be exported at zero rate of VAT. The Buyer has 14 days from invoice to organize shipment (and insurance for shipping). Atlas can organize shipment at competitive rates on behalf of the Buyer with our established international specialist shippers, You will be responsible for all related charges.
   3. Title to the wines will pass either upon their collection from the Atlas warehouse whereby the Buyer is responsible for all shipping costs, insurance, import duties and taxes or when the wines are transferred to your cellarage account with Atlas. 
   4. If we fail to deliver a Lot or part of a Lot you have been awarded and paid for, our liability is limited to the cost of refunding you amounts paid in respect of the undelivered Lot. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

       

       

5. Payment

    

   1. Buyers will receive a sale invoice within one day of the Auction. Payment in full, including any applicable additional costs, is required within three days of receipt of invoice.
   2. Payment must be made by the Buyer in full and in GBP sterling (unless stated otherwise in the Lot) and proof of identify may be required. The Buyer carries all risks and costs arising from any associated currency conversion rates and bank charges.
   3. Bank transfer is the preferred method of payment.
   4. Credit card payments may be accepted up to GBP20,000. Credit card fees may apply, especially for non-UK Buyers. Atlas reserves the right not to accept credit card payments.
   5. Atlas reserves the right to seek identification of the source of funds received. Atlas shall be entitled to refuse to complete the purchase or accept funds if You fail to provide adequate proof of identity or source of funds.
   6. Ownership and title remain with Atlas until the Lot has been paid in full. Risk shall transfer to you upon collection of the Lot from the Atlas warehouse by your shipper or otherwise.
   7. If there are any Lots not paid in full, any delays by you or any other breach of these terms and conditions by the Buyer, Atlas shall have the following rights and remedies:
      1. To unwind the sale of that Lot and any other Lot sold to you.
      2. To take an action against you for breach of contract.
      3. To resell the Lot and charge you for any shortfall (where we resell, these Terms and Conditions shall apply to the subsequent buyer on such after sale).
      4. To charge you for storage, insurance, administration charges and interest on late payment of debt at the rate of 8% plus base rate set by the Bank of England.

         To set off any amounts owed by You to Atlas against funds paid by You.

          

6. Rights to Cancel: If you are acting as a consumer buying in your personal capacity, you may have a right to change your mind (under UK CCR 2013) unless our contract falls within one of the exceptions as set out in Regulation 28(1)(a) or 28(1)(d) of the UK CCR 2013, or under any other applicable equivalent exceptions to the consumer’s right to cancel.
   1. For most products bought online you have a legal right to change your mind within 14 days and receive a refund, these rights arise under the UK CCR 2013. If these rights are applicable to You, You will have 14 days after the day you (or someone you nominate) collects the wine/Lots from the Atlas warehouse to cancel the contract and return the wine to us, unless: Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) collects the last of the wine/Lots from the Atlas warehouse to change your mind.
   2. You will not be able to exercise this right to cancel if you have opened, consumed or mixed the wine with any other goods or altered the wine or its packaging in any other way. This right to cancel will also not apply if your bid is in relation to Lots which are sold by public auction (namely, where we sell the Lot by conducting a live in-person auction which you are able to attend in person).
   3. If this contract falls within the exceptions under Regulation 28(1)(a) or Regulation 28(1)(d) of the UK CCR 2013 or equivalent provisions, you will not have a right to cancel our contract pursuant to this clause.
   4. Please contact us as soon as possible at auctions@atlasfinewines.com if you are a consumer and wish to exercise your right to cancel as set out in this clause.

       

7. Limitation of Liability

    

   1. This clause sets out our liability if you are bidding and/or purchasing as a business. This clause will not apply if and to the extent that you are acting in your capacity as an individual consumer and applicable consumer protection legislation prohibits limitation and/or exclusion of our liability.
   2. References to liability in this clause include every kind of liability arising under or in connection with our contract including to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
   3. Nothing in these Terms limits or excludes our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the UK Sale of Goods Act 1979 (title and quiet possession); or
      4. any other liability that cannot be limited or excluded by law.
   4. Subject to clause 7.3, we will under no circumstances be liable to you for: any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; any indirect or consequential loss.
   5. Subject to clause 7.3, our total liability to you for all losses arising under or in connection with our contract will in no circumstances exceed 100% of the price paid by you for the Lot.
   6. Except as expressly stated in these Terms and Conditions, we do not give any representations, warranties or undertakings in relation to the Lots. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Lots are suitable for your purposes.

       

8. Events Outside Our Control

    

   1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under our agreement that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
   2. If an Event Outside Our Control takes place that affects the performance of our obligations under our contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under our contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Purchased Lots to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
   3. You may cancel the Contract affected by an Event Outside Our Control which has been in force for a continuous period of more than 60 days. To cancel please contact usauctions@atlasfinewines.com. If you opt to cancel pursuant to this clause, we will refund the price you have paid, including any standard delivery charges.

       

9. General

    

   1. These terms and conditions are between You and Atlas and may be updated from time to time. They do not apply to or benefit any third party and are not reliant on any third party. A person who is not a party to these terms and conditions shall not have any rights in connection with them under the UK Contracts (Rights of Third Parties) Act 1999.
   2. Any notices required to be sent to Atlas under this agreement shall be fulfilled by email to auctions@atlasfinewines.com
   3. The foregoing clauses and sub-clauses of these terms and conditions shall be read and construed independently of each other. Clause headings shall not be determinative of scope or effect of any sub-clauses. If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful, or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
   4. If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. No waiver by us of any of these terms will be effective unless we expressly say that it is a waiver, and we tell you so in writing. If we do waive a default by you, it will not mean that we will automatically waive any subsequent default by you.
   5. All images, descriptions and other information and materials produced for the Auction are the copyright and intellectual property of Atlas.
   6. Your bid, these auction Terms and Conditions, the Atlas General Terms and Conditions and Privacy Policy (available on the Atlas website www.atlasfinewines.com) set out the entire agreement and understanding between You and Atlas. Should there be any conflict between these auction Terms and Conditions and the Atlas General Terms and Conditions these auction Terms and Conditions will prevail in respect of purchase of Lots to the extent necessary to resolve such conflict.
   7. Any statutory rights you may have as a consumer, and which cannot lawfully be excluded by agreement between us, are unaffected by these terms and conditions.
   8. These terms and conditions are subject to and governed by the laws of England and Wales. Unless dictated otherwise by consumer protection legislation which cannot be excluded by agreement, the parties hereby irrevocably agree that the English Courts have exclusive jurisdiction over disputes and all matters arising out of or in connection with these terms and the contract of sale between us.
   9. You should print a copy of these terms and conditions or save them to your computer for future reference.
   10. We do not guarantee availability of our website or the auction platform. We are not responsible for any failure of the internet, other telecoms systems or the auction platform which may prevent access to or use of our platform or the placing of bids. Please contact us by telephone on +44 203 0172299 if you experience difficulties in placing your online bid.
   11. We may update these terms and conditions from time to time, we will contact you in writing one week in advance of making such changes which will then apply to all subsequent bids you may submit.