Terms and Conditions

This web site is owned and operated by K&L Wine Merchants (“K&L,” “K&L Wine Merchants,” “we,” or “our”). “You” or “your” refers to the person or entity that is the seller or buyer of record. Because these terms and conditions may be modified from time to time, it is advised that you read these terms prior to every use.

All auctions are conducted in accordance with California Civil Code sections 1812.600 through 1812.610 under the authority of K&L Wine Merchants’ California License No. 21-6256 and California Bond No. 70962486. K&L Wine Merchants’ business is based at 3005 El Camino Real, Redwood City, CA (Tel: 877-KLWines (877-559-4637)).

Please thoroughly read the K&L Wine Auctions Terms and Conditions of Sale to ensure that you understand all the terms governing the purchase of all property sold at auction on the K&L Wine Auction Website before using this web site or selling or buying property at auction. To participate in K&L Wine Auctions, both Buyers and Sellers must agree to these Terms & Conditions.

USERS OF THIS WEB SITE MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USE:

• As a condition of use of this website, you expressly agree not to use this website for any purpose that is unlawful or prohibited by these terms and conditions.
• Wines may ONLY be purchased AND/OR sold by and delivered to persons who are at least twenty-one (21) years old in the United States or such other minimum age as is required in foreign jurisdictions (“Legal Age”). Customer represents that: (1) Customer is at least of Legal Age; and (2) the person to whom any wine will be delivered is also of Legal Age. At the time of delivery, any domestic U.S. shipment containing an alcohol beverage product will require the signature of an adult possessing identification proving he or she is at least twenty-one (21) years old.
• Each bid placed is considered a binding contract to buy if you should win the lot. Therefore, you should only bid on items that you intend to buy. Buyers who retract bids and/or refuse to pay for wine they have won will be subject to penalty including disqualification from any current and future K&L Wine Auctions.
• A buyer’s premium of 5% will be added to the final bid of all auction purchases
• Sellers are prohibited from bidding on their own items and/or taking any action to increase the bid on their lot. Sellers who knowingly submit counterfeit wines for auction or misrepresent their items will also be subject to penalty and held liable for any legal action taken in response to such fraudulent activity.

USERS OF THIS WEB SITE MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USE:
THE PROPERTY DESCRIBED ON THIS WEB SITE WILL BE OFFERED AT PUBLIC AUCTION BY K&L WINE MERCHANTS AS A MARKETING AGENT AND AUCTIONEER ON BEHALF OF THE SELLER UNDER THE FOLLOWING TERMS AND CONDITIONS:

• NO WARRANTIES ON AUCTION ITEMS
  Unless otherwise disclosed, Buyers should expect that all wine at auction has been inspected and pre-approved for label condition, bottle fill level, cork condition, capsule condition, and color by the K&L auctioneer or other qualified K&L employee. EXCEPT FOR SUCH INSPECTION AND PRE-APPROVAL AND EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ALL WINE ISSUED IS SOLD “AS IS.” While every attempt has been made to describe all property at auction as accurately as possible, K&L Wine Merchants does not warrant or represent, and denies responsibility for, the accuracy of the descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated on the site. Any and all statements made relating to the property offered on the site are merely statements of opinion and at no time can be construed as warranties and representations of fact or assumption of any liability on the part of K&L Wine Merchants. K&L is the agent of the Seller and is not responsible to you for any breach of contract or other default by any Seller.
• RETURNS
  Notwithstanding any other provisions of these Terms and Conditions, should K&L Wine Merchants receive any written claim within ninety (90) calendar days of the termination of the auction that any property is not of the vintage or from the producer as was represented by K&L, including without limitation that property is counterfeit, or that any property is with a shortage, or otherwise out of condition, or that any statement on the web site is without basis, then K&L Wine Merchants will judge such claims through inspection of the property or by any other reasonable means, and may refund the purchase price; provided, however, that Buyer directly purchased the property through K&L. At all times the decision of K&L Wine Merchants regarding the quality of property returned to K&L under this or any other provision of these Terms and Conditions in K&L’s capacity of auctioneer will be final and binding on all parties.
  
  The wine industry estimates that between three (3) and seven (7) percent of all wines sealed with natural corks are ruined because of a natural fungus in corkwood that produces the chemical compound trichloroanisole (“TCA”) within the cork. TCA has a distinctive odor resembling moldy newspaper or a damp basement. In almost all cases of “corked” wine, the aroma of the wine is reduced significantly, and a heavily tainted wine is completely undrinkable. Since all of our wine is consigned, and much of it is very rare, we cannot replace wines that have been ruined because of cork taint. WE DO NOT ACCEPT RETURNS OF CORKED WINE NOR DO WE REFUND FOR CORKED WINE.
• LIMITATION OF LIABILITY
  
  IN NO EVENT SHALL K&L WINE MERCHANTS BE LIABLE FOR ANY LOST REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF K&L WINE MERCHANTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL K&L WINE MERCHANT’S LIABILITY TO YOU, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU IN THE APPLICABLE AUCTION TO WHICH SUCH LIABILITY RELATES. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMANGES, SO SOME OF THE TERMS ABOVE MAY NOT BE APPLICABLE TO YOU.
• STARTING BIDS & RESERVES
  The “Starting Bid” is the agreed upon opening bid price for an auction lot. At the start of auction, bidders must place a bid at, or higher, than the Starting Bid. Unless otherwise indicated, auction lots will also include a Reserve. A “Reserve” is the minimum purchase price that the Seller is willing to accept for the lot, however the exact Reserve will not be published. When auction lots have a Reserve, K&L may exercise its right to bid on the lot until the Reserve is met.
  
  Until the Reserve is met, the listing will show the message “Reserve not met.” When you bid on a lot with a reserve price, if your maximum bid meets or exceeds the reserve, the current bid will automatically increase to meet that reserve price. For example, if Lot X has a reserve of $100, and Bidder A bids $10, then the current bid will stay at $10 and display “Reserve not met.” If Bidder B places a bid on the same lot for $150, the current bid will move up to $100 (the amount of the reserve) and the reserve is met. If nobody else places a bid, Bidder B will win at the price of $100.
  
  If you place a bid on a lot with a reserve, and your maximum bid is less than the reserve for such lot, then your current bid will increase to display its maximum value. For example, if Lot X has a reserve of $100 and a starting bid of $50, and Bidder A places a bid of $75, then the current bid will move up to $75 even if bidder A is the only bidder on the lot. Since the reserve is not yet met in this scenario, your maximum bid would not be considered a winning bid. A lot must reach or exceed the reserve in order for it to be eligible for sale to the highest bidder.
  
  Maximum bids must meet or exceed the minimum bid (one bid increment above the current bid amount); however they need not be whole numbers or multiples of the bid increment.
• BID INCREMENTS
  
  

  Lower Price	Upper Price	Bid Increment Value
  $0.01	$0.99	$0.05
  $1.00	$4.99	$0.25
  $5.00	$24.99	$0.50
  $25.00	$99.99	$2.00
  $100.00	$249.99	$5.00
  $250.00	$499.99	$10.00
  $500.00	$999.99	$25.00
  $1,000.00	$2,499.99	$50.00
  $2,500.00	$4,999.99	$100.00
  $5,000.00		$250.00

• BID RETRACTION
  If a bidder retracts his or her bid before the end of auction for any reason, K&L may cancel the lot to be relisted at a later time to avoid any corruption to the bidding process. We reserve the right to prevent the bidder from any future participation in K&L Wine Auctions as a result of bid retraction.
  
  Once the auction has ended, the winning bid cannot be retracted. (See “Buyer Liability”).
• WINNING BID
  The term “winning bid” as used herein shall refer to the highest price at which any lot is bid on before the auction ends. The purchase price due from the Buyer shall be the aggregate of the winning bid and a premium of 5% of the winning bid, and any applicable sales or use tax.
  
  The highest acceptable bid received prior to the end of the auction date and time shall be from the Buyer, who will assume full risk and responsibility of the lot.
• PLACE ORDER
  The Buyer will receive an email notification directly following the auction end time requesting that he or she sign into his or her account and select shipping preferences to complete the order. The Buyer may also choose to pick up the wine at one of our three California retail locations free of charge, or keep the lot at our fulfillment center until a more desirable shipping date. See “Shipping” and “Storage” below for more details regarding shipping and storage pricing and time restrictions. restrictions.
  
  If the Buyer fails to confirm the order within three (3) days, the complete purchase price will be automatically deducted from a valid credit card on file and the auction lot will remain in our fulfillment center until contacted by the Buyer for shipment. Title to the property will not pass from Seller to Buyer until full payment is received by K&L Wine Merchants. No property will be released to the Buyer until K&L Wine Merchants receives all applicable state and local taxes or compensating use taxes of another state that K&L Wine Merchants may be required by law to collect. Any applicable storage or shipping charges must also be received prior to the release of the property.
• BUYER LIABILITY
  Should any Buyer fail to fully comply with these Terms and Conditions of Auction Sale, K&L Wine Merchants may hold the Buyer liable for the purchase price or resell the property after reasonable notice is given to the Buyer. In the event of non-payment by the Buyer, or non-compliance by the Buyer with these Terms and Conditions of Auction Sale, K&L Wine Merchants reserves the right to take any and all appropriate or necessary actions including, without limitation, canceling or rescinding the transaction, reporting the defaulting Buyer to an appropriate credit reporting agency, charging the Buyer’s credit card for K&L Wine Merchant’s fees and expenses incurred in connection with the non-compliance (including the costs of the transaction itself), turning any amounts due and owing over to a commercial collection agency and/or taking any other action permitted by law. In no event shall K&L Wine Merchants be liable for any incidental or consequential damages to Buyer.
• SECOND CHANCE OFFER
  If K&L is unable to complete the sale with the original winning bidder, the second highest bidder may be notified that he or she has the opportunity to buy the item at a price equal to his or her last bid amount (“second chance offer”). The second chance offer lasts for three (3) days before the offer expires and the next highest bidder is notified. The second chance offer will never be automatically charged to the bidder’s credit card without his or her written consent.
• SHIPMENT OF AUCTION LOTS
  All purchased auction items will be shipped to the Buyer from our Northern California warehouse after receiving payment for the purchase price and pre-paid shipping charges. Buyer will have an opportunity to select his or her shipping preferences, provided the requested shipping address is within a state that allows the Buyer to import alcohol directly. If a customer lives in a state where importation of wine by a consumer may be questionable because of any state law or regulation, we require that the customer provide an alternative address in another state or have their wine shipped to a third-party storage facility in a direct shipping-friendly state. We require the Buyer to purchase shipping insurance for a nominal fee at the time of shipment. Buyer may also arrange to pick up the wine from any of our retail locations in Redwood City, San Francisco or Hollywood, California.
  
  Unless you live on the West Coast, we strongly discourage you from selecting “Ground Service” as your shipping method. During the winter and summer months, weather conditions (temperature) and longer delivery times can often result in the spoilage of your order. We don't make an additional profit on accelerated delivery, but we frequently recommend faster shipping options to our customers outside the West Coast.
  
  Currently, we can accept online orders for non-gift shipments going to Hong Kong, Japan and South Korea. Please note that duties, taxes, and tariffs due in Hong Kong, Japan and South Korea are not included in our quoted shipping rates. We are unable to ship distilled spirits. Within the “My Account” page, you may enter your address in Hong Kong, Japan or South Korea. You are responsible for determining your customs charges, and they will be due COD upon delivery in your country.
  
  Since the sale of the wine between Seller and Buyer takes place at K&L Wine Merchants Northern California facility, the Buyer becomes the owner of the wine at the time of final payment.
  
  Special Note: Though every effort is made to describe or measure the levels of older vintages, corks more than twenty (20) years old begin to lose their elasticity and levels can change between cataloguing and sale. Old corks occasionally fail during or after shipment. Buyers must understand that there is always a risk of cork failure with old wines. UNDER NO CIRCUMSTANCES CAN AN ADJUSTMENT OF PRICE OR CREDIT BE MADE AFTER DELIVERY IF THE PRODUCT HAS BEEN AFFECTED BY CORK FAILURE.
• STORAGE
  K&L Wine Merchants will hold purchased auction lots for up to ninety (90) days, after which time, K&L reserves the right to charge the Buyer storage fees without his or her consent.
  
  K&L Wine Merchants has new temperature-controlled lockers available in our San Carlos, California fulfillment center for forty-three dollars ($43) per month. Lockers are identical in size and hold twenty-four (24) cases in wood or thirty (30) cases in cardboard. If you are interested in securing a locker to store your auction items, please contact onsite-lockers@klwines.com.
• LIABILITY FOR LOSS WHILE AUCTION LOT ITEMS ARE IN K&L WINE MERCHANTS’ CUSTODY
  K&L Wine Merchants assumes no responsibility for loss or damage to auction lot items, except for loss or damage arising from the gross negligence or intentional misconduct of K&L Wine Merchants, its agents or employees, arising from the handling, storage and/or shipping of such items after delivery of possession or custody to K&L Wine Merchants. K&L Wine Merchants makes no representation that it will acquire or maintain insurance coverage for any loss or damage arising from or during K&L Wine Merchants’ handling, storage and/or shipping of auction lot items. We strongly encourage you to acquire and maintain adequate and appropriate insurance for such purposes. When the auction lot items are either shipped to the Buyer or returned to the Seller, K&L Wine Merchants assumes no responsibility for the shipment. Wine shipments cannot be insured against loss resulting from hot or cold temperatures; we strongly suggest using accelerated shipping methods, or delaying shipments until weather conditions are moderate.
• CURRENCY
  All K&L Wine Merchants auctions are conducted in U.S. Dollars ($). The credit card of each winning bidder will be charged in U.S. Dollars ($) for the winning bid and shipping cost. 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.
• INSPECTION GUIDLINES
  The level of wine in the bottle is an important influence on the quality of the wine. For Bordeaux, Port, California Cabernet Sauvignon, and other wines in bottles with defined shoulders, the designations appearing below will be used for all K&L Wine Auctions:
  
  • Neck levels are the normal fills of young wines.
  • Bottom neck levels are acceptable for all wines.
  • Neck/shoulder levels are acceptable for most wines.
  • High shoulder levels are normal for bottles 15-20 years' old.
  • High-mid shoulder levels are acceptable in any wine over 20 years' old.
  • Mid-shoulder levels may carry some risk or weakening of the cork.
  • Low shoulder levels are quite risky.
  • Bottom shoulder levels are only for rare, interesting, or collectible wines which may be undrinkable
  • Burgundy, German, Alsatian, and similar bottles with gently sloping sides are measured and the distance from the wine to the cork is given in centimeters. Burgundy fills under 2 cm will not be mentioned.
  
  Appearance designations cover level of wine in the bottle, condition of capsule, label, strip label, and color of the wine. Every bottle is closely inspected by K&L Wine Merchants and is assessed as precisely as possible. The notation "OWC" means original wooden case, and "OCB" means original cardboard box.
• LOT RETRACTION BY SELLER
  In an auction with Reserve, the Seller may withdraw his or her lot at any time until the reserve is met or if the lot is listed with incorrect details about the wine.
• SELLER REPRESENTATIONS AND WARRANTIES
  Seller represents and warrants that Seller has the right, title and authority to sell the property, and that property sold by Seller is free and clear of all liens, claims and encumbrances of any type or kind at the time any bid is accepted and at all times thereafter until the title has transferred.
• INDEMNFICATION
  You agree to indemnify and hold harmless K&L Wine Merchants and all of its officers, directors, owners, shareholders, trustees, partners, members, employees, agents, successors and assigns any and all claims, actions, damages, fines, penalties, liabilities, losses, costs and expenses (including without limitation reasonable attorney’s fees) arising out of, relating to or in connection with: (i) your use of the K&L website or K&L services; (ii) your purchase of property at any K&L Wine Auction; (iii) shipment of any property under these Terms and Conditions; (iv) any claims brought or asserted by any third party claiming title to the property bought or sold by you at any K&L Wine Auction; or (v) any error, misdescription or omission, or any breach of any representation or warranty, by the Seller in connection with any property sold through K&L Wine Auctions. Without limiting the foregoing, in the event of any return of property by the Buyer to K&L Wine Merchants pursuant to these Terms and Conditions, the Seller shall be obligated to remit to K&L Wine Merchants the price paid by the Buyer and refunded by K&L Wine Merchants to the Buyer for such property.
• WAIVER
  No inaction, delay, or failure by K&L Wine Merchants to enforce the provisions of these Terms and Conditions shall be construed as a waiver of its right hereunder. No waiver by K&L Wine Merchants in any instance or at any time of any of its rights, including without limitation its rights under these Terms and Conditions, shall preclude or stop K&L Wine Merchants from invoking such right in any other instance at any other time.
• SEVERABILITY
  In the event that any part of these Terms and Conditions is deemed invalid or unenforceable, the remainder shall remain in full force and effect.
• PRIVACY AND SECURITY OF PERSONAL INFORMATION
  These terms and conditions includes the terms of use of our privacy policy, which can be found here, and which is hereby incorporated by reference. We reserve the right to revise the privacy policy from time to time and advise you check the policy before each use.
  
  K&L Wine Merchants is committed to safeguarding the personal information entrusted to us by our users. Policies concerning the use and disclosure of any personal information is governed by K&L Wine Merchants’ privacy policy.
• DISPUTE RESOLUTION
  California law governs these Terms and Conditions. In the event of any dispute related to any subject of these Terms and Conditions or the K&L Wine Auctions, you agree that the same shall be resolved by arbitration in San Francisco in accordance with the Comprehensive Rules and Procedures of JAMS Arbitration, Mediation, and ADR Services (www.jamsadr.com) or its successor then in effect, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The decision of the arbitrator shall be final and binding on the parties. The arbitrators are not empowered to award damages in excess of compensatory damages, but shall include in the final award an allocation of attorneys’ fees, costs and expenses incurred in the arbitration, whether or not such fees, costs and expenses would otherwise be recoverable under applicable statutes and rules of court. The arbitrator shall render the award in writing, explaining the factual and legal basis for decision as to each of the principal controverted issues. The parties and each of them expressly agree that any petition to confirm, modify or enforce the arbitral award, other than for non-payment of goods sold and delivered, shall be resolved in a State or Federal Court of competent jurisdiction in San Francisco, to which jurisdiction the parties hereby submit.