Auction Terms & Conditions
Terms and Conditions of Sale by Online Auction of Duty Paid Wines
Within these terms and conditions:
“Atlas” means Atlas Fine Wines Limited, UK Company Number 07368352, trading from Blackwell House, Guildhall Yard, London EC2V 5AE 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
“Auctioneer” means Atlas acting as agent for the Seller.
“The Buyer” shall be the bidder whose bid price has been accepted for the Lot.
“Duty Paid Wines” means wines that are priced inclusive of duty and UK VAT and have been stored at private residences approved by Atlas.
"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.
"Seller" is the person offering a Lot for sale (including their agent (other than Atlas), executors or personal representatives.
“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.
- Registration and bidding
- You are required to register as a principal acting on your own behalf prior to bidding. You warrant that you are of a minimum of 18 years of age and provide valid proof of identification.
- 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.
- Atlas reserves the right to refuse or withdraw your registration.
- 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.
- 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.
- Bidding will commence with the minimum bid price. There are no reserve prices and the final bid price will be successful.
- Atlas reserves the right not to accept any bid nor the highest priced bid for each Lot.
- Bidding increments are at Atlas’ sole discretion and may vary by Lot.
- Atlas reserves the right to make bids on behalf of its clients.
- 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 conclusion.
- 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.
- 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.
- Where there are two equal bids, Atlas shall have sole discretion which bid to accept.
- 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 11 which sets out further limits on our liability.
- 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 email@example.com immediately and, in any event, prior to completion of the relevant Auction.
- Atlas is the Auctioneer
- Atlas is the Auctioneer for the wines acting as agent for the Seller. Unless otherwise notified the wines remain with the Seller until the Auction completes. The Seller will deliver the wines to the Buyer upon payment by the Buyer to Atlas.
- All interaction shall be between the Buyer and Atlas. Upon receipt of payment, Atlas will ensure that wines are suitably packaged for delivery and will organize delivery of the wines. Atlas will update the Buyer on delivery and provide delivery tracking references, if appropriate.
- Buyers purchasing multiple Lots may receive multiple deliveries.
- No commissions nor premium is charged by Atlas to the Buyer.
- Invoiced prices will be inclusive of UK VAT and no VAT refund will be available on export orders as Atlas is the Auctioneer not the Seller.
- The Wines
- The wines have been stored Duty Paid in Sellers’ private cellars. Such private cellars have been inspected by Atlas but neither Atlas nor the Seller provides any warranty in relation to storage conditions of the wines.
- Atlas has carried out varies due diligence checks to ensure that Lots are correctly described, condition checks are carried out and wines are packaged and handled by approved carriers to arrive in good condition at the Buyer. Atlas shall not be able to provide substitutes or replacements in the event of breakages or error of description or otherwise.
- All Lots are offered for sale in the condition they are in at the time of the Auction. As set out in Clause 4.1 above Lots may not be in perfect condition and will not have full provenance. Lot descriptions may make reference to particular imperfections of a Lot, but Buyers should note that Lots may have other faults not identified. For the avoidance of doubt Atlas shall not be liable for cork damage or premature ageing of the Lot.
- You are required to carry out your own due diligence on specific Lots prior to the conclusion of the Auction and arrange for inspection of the Lot(s) at Atlas premises or warehouse or elsewhere. Please note that Atlas reserves the right to charge for expenses it occurs to arrange transport of the Lot(s) for inspection.
- Title to the wines will pass either upon delivery of the Lot to You at a UK address or to your nominated UK shipping agent or otherwise as directed by You.uponor when the wines are transferred to your cellarage account with Atlas. Breakages, shortages or other mistakes must be notified to Atlas within three business days of delivery to You or your nominated agent. Damaged packages or faulty goods should be retained for inspection by ourselves or our carriers. Claims will only be considered upon production of a valid, signed delivery note
- The Buyer is obliged to arrange collection of purchased Lots no later than fifteen (15) calendar days after the date of the Auction. Removal, storage and handling charges may be levied on uncollected Lots.
- 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 the Lot.
- Buyers will receive a sale invoice within two days of the Auction. Payment in full, including any applicable additional costs, is required within three days of receipt of invoice.
- 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.
- Bank transfer is the preferred method of payment.
- 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.
- 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.
- Ownership and title remain with Atlas and/or the Seller until the Lot has been paid in full. Risk shall transfer to you upon delivery of the Lot to You at a UK address or to your nominated UK shipping agent or otherwise as directed by You.
- 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:
- To unwind the sale of that Lot and any other Lot sold to You.
- To take an action against You for breach of contract.
- 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).
- 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.
- 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.
- For most products bought online you have a legal right to change your mind within 14 days and receive a refund of amounts paid; 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) receive the wines to cancel the contract and return the wine to us. Where Your goods are split into several deliveries over different days You have until 14 days after the day You (or someone You nominatereceive the last of the wines to change your mind.
- 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).
- 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.
- Please contact us as soon as possible at firstname.lastname@example.org if you are a consumer and wish to exercise your right to cancel as set out in this clause.
- Limitation of Liability
- 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.
- 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.
- Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the UK Sale of Goods Act 1979 (title and quiet possession); or
- any other liability that cannot be limited or excluded by law.
- 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.
- 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.
- 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.
- Events Outside Our Control
- 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).
- If an Event Outside Our Control takes place that affects the performance of our obligations under our contract:
- we will contact you as soon as reasonably possible to notify You; and
- 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.
- 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 us at email@example.com If you opt to cancel pursuant to this clause, we will refund the price You have paid, including any additional charges.
- 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.
- Any notices required to be sent to Atlas under this agreement shall be fulfilled by email to firstname.lastname@example.org
- 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.
- 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.
- All images, descriptions and other information and materials produced for the Auction are the copyright and intellectual property of Atlas.
- 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.
- You should print a copy of these terms and conditions or save them to your computer for future reference.
- 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 or by email to email@example.com if you experience difficulties in placing your online bid.
- 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.