BUYING  & BIDDING TERMS

Buying & Bidding Terms

Last Updated: May 24, 2021

Prior to bidding, all participants must read the “How to Buy”, Conditions of Sale, Terms and Conditions and Disclaimer contained on our website www.bourbonbids.com and www.bourbon.auction. This state the terms governing the purchase of alcoholic beverage products sold at auction. By participating in an auction, an auction participant agrees to be bound by the Conditions of Sale.

Estimates
Auction lot entries include a description of every lot and might also have an estimated price or range that is our opinion or the sellers opinion of the price expected at auction. Estimates are a guide for bidders and generally reflect prices recently paid at auction and or the secondary market for comparable products. Each estimate takes into account, among other things, condition, rarity, quality and provenance (history of owner, to the extent known). Estimates are determined in advance of the sale and are therefore subject to revision as anytime. Buyers should not rely upon estimates as a prediction of actual selling prices. Estimates do not include buyer's premium, sales or any other tax or fees.

Buyer’s Premium
A 15% Buyer's Premium will be added to the successful bid price of each lot purchased and is payable by Buyer, together with the applicable sales tax which is applied to the total cost of purchase.

Reserves
Auction lots may be subject to a reserve. A reserve is the confidential minimum price established by the seller. The reserve will not exceed the low estimate for the lot. Each lot will indicate whether there is a reserve.

Examination of Spirits

BourbonBids  allows examination of lots by appointment only. Either in person, through zoom or similar platform. Contact info@bourbonbids.com if you have questions.

Bidder Registration
No person shall bid or buy in any auction (or be shipped any property bought in any auction) who has not agreed (either in writing or electronically) to be bound by the Conditions of Sale and this Buying & Bidding Terms. Every auction winner will be required to provide a copy of a government issued photo identification, such as State Driver’s License, State ID Card or Passport. The Bidder registration and any bids placed on www.bourbon.auction and www.bourbonbids.com constitutes a legally binding agreement to pay for the lot in full within the required timeframe.

If a business organization registers to bid in an auction, a Business Registration or a Certificate of Incorporation and/or state sales tax registration may be required. BourbonBids may also require front and back copies of all credit cards and/or ACH authorization from first time Buyers along with picture identification.

Bidding by BourbonBids

BourbonBids will NOT bid on any lots on our auction platform.

 

Live Auctions

Bourbons does not offer live or in-person auctions at this time.

 

Absentee Bids

BourbonBids does not allow for absentee bidding.

 

Placing Telephone Bids

Telephone Bids will not be accepted.

 

Bidding in Online Sales

Bids can be submitted anytime during the course of an online auction on our website there are two ways to bid: (i) submit the starting/next bid or (ii) submit a maximum bid. To simplify the bidding process, BourbonBids uses predetermined bidding increments. If a maximum bid is submitted, bids will be placed on your behalf only as much as is required to ensure you remain the highest bidder (up to your maximum bid). In cases when two equivalent maximum bids are submitted, the earlier one will hold.

All bids submitted online are immediately executed. You cannot cancel a bid once it has been submitted. You may, however, adjust your maximum bid while it is higher than the current standing bid.

Estimates and Bid amounts will be shown is USD (United States Dollar)

By registering and bidding on the internet, prospective Buyers agree to be bound by the Conditions of Sale. BourbonBids assumes no responsibility for disputes or errors arising from online bid activity.

Sales and Other Taxes
All bids placed by Buyers are deemed to be submitted exclusive of any sales tax and/or any other applicable tax of a similar nature, which shall (if required) be payable by the Buyer at the appropriate rate. Applicable sales tax may be charged on the [successful bid price], Buyer’s Premium, and any other applicable charges on any other property purchased by the Buyer from BourbonBids unless Buyer has a valid exemption therefrom. All such taxes shall be paid by the Buyer at the time of the winner payment to via PayPal®, check, credit card, cashiers check or other payment processor as deemed by BourbonBids.

Buyers claiming exemption from sales, use or other tax must provide BourbonBids or the Seller with documentation, which, in BourbonBids or the Sellers sole discretion and judgment, is satisfactory evidence of such exemption, prior to the release of property to the Buyer. [Buyers claiming such exemption who are licensed dealers of alcoholic beverages must submit resale certificates and a copy of their valid licenses to BourbonBids or the Seller prior to registering for the sale.]

All questions regarding sales tax and exemptions should be directed to BourbonBids Legal Department at legal@bourbonbids.com

Owned or Guaranteed Property

BourbonBids provides an online auction platform for property sold by users for sale at an online internet only auction.

Successful Bid
The close of the online sale indicates the final highest bid, at which time the Buyer assumes full responsibility for the lot. Successful bidders must pay for their winning lot within 48 hours of a successful winning bid.

How To Pay For a Winning Lot:

Visit www.bourbon.auction. On the upper right side of the screen, click on “My account” and login. Under “My account” look on the left side of your screen, find and click on “auctions you won”. Click on the auction you want to pay for. You will see the wording “Continue and pay with:” and a PayPal® button or other payment options. Click on the PayPal® button or other payment options to submit payment.

Successful Buyers will pay the price of the final bid plus a 15% Buyer's Premium plus any applicable taxes for each lot purchased. Successful Buyers will also be required to pay for shipping costs, export or other taxes as applicable and allowed by law.

Payment

All auction lot winners must pay their winning bid within 48 hours of the close of the auction with PayPal® or other payment options as provided. All payments are in USD (United States Dollar).

In respect of all other purchases, buyers are expected to pay for purchases within 2 calendar days (48 hours) of purchase for internet sales. At the end of this 48-hour period (as applicable), BourbonBids reserves the right to charge the Buyer's credit card or via ACH if on file for any amounts still due. All amounts remaining due after this 48 Hour period will be subject to a 2% per month late charge. In addition, any payments in default after 14 calendar days will incur a penalty equal to 3% of the purchase price. Additional late fees equal to 3% of the total purchase price may be charged for every 14 calendar days past the initial 48-hour period. All payments are payments on account until all invoices and all balances due are paid in full. Payments must be made with PayPal® or other payment options as provided.

BourbonBids, in its sole discretion, may accept payment in a different currency than stated above, and shall determine the currency exchange rate.

Collection of Purchases
Buyers are expected to pick up their property within 14 calendar days of the auction unless otherwise stated in the auction lot descriptions. 

Collection & Delivery
It is the Buyer's responsibility to pick up purchases or make shipping arrangements within 14 calendar days of the auction. BourbonBids will NOT arrange for the delivery or shipment of purchased products.

Lot descriptions will advise when shipping is available. After payment has been received, the Buyer, must contact BourbonBids at info@bourbonbids.com to arrange for pick-up.

Export/Import Permits
Alcoholic beverage products sold at auction may be subject to laws governing export from the jurisdiction where the auction was held and import restrictions of foreign countries. Buyers should always check whether an export license is required before exporting alcoholic beverage products. It is the Buyer's sole responsibility to obtain any relevant export or import license. A delay in obtaining licenses shall neither justify the rescission of any sale nor excuse delay in providing full payment for the lot. Local laws may prohibit the importation 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.

Delivery Restrictions
Prospective Buyers are also reminded that various jurisdictions impose limitations on the quantity of alcoholic beverage products which may be purchased and brought into their jurisdiction by a purchaser from another jurisdiction, without requiring the purchaser, a consignor or shipper to possess certain licenses or permits. BourbonBids shall not as a condition of sale assume any obligation or bear any responsibility whatsoever for applying for or obtaining the requisite permits or licenses in the event the quantity purchased exceeds said limitations. Therefore, all prospective Buyers are strongly advised to investigate the possibility of such limitations and to determine the manner in which alcoholic beverages shall be brought into the jurisdiction so as to comply with all local requirements.

Shipment of Spirits
Prospective Buyers should be advised there are certain restrictions regarding the shipment of spirits. Many states and jurisdictions impose limitations on quantity, high duties, and/or taxes, and prospective Buyers should be aware of export and import restrictions.

Auction Results
To obtain results for the auction, please refer to www.bourbon.auction

Translation
The terms and conditions have originally been drafted in English. In the event that any translation of the terms and conditions are prepared, the provisions of the English version shall prevail.

Conditions of Sale
These Conditions of Sale are BourbonBids and the Consignor's entire agreement with the Buyer with respect to the property listed in this printed or online catalog. The Conditions of Sale and all other contents of this catalog may be amended by posted notices or oral announcements made during the sale. The property will be offered by the Consignor using the BourbonBids auction platform, unless the catalog indicates otherwise. By participating in an auction, you agree to be bound by these terms and conditions.

1. The website(catalog) strives to describe the property listed herein accurately. However, BourbonBids, the Consignor or other seller shall not be liable for any such description and expressly disclaim any representation or warranty regarding the origin, physical condition, merchantability, fitness for a particular purpose, correctness of catalog description, size, quality, condition, rarity, authenticity, attribution, value, importance, provenance, previous storage conditions or historical relevance of any property herein. BourbonBids, the Consignor or Seller further retains the absolute right to amend at any time and in any manner any description of any property contained herein. Classifications in the text are for identification purposes only and based on standard sources. Buyers must make appropriate allowances for natural variations in ullages, conditions of cases, labels, corks and alcohol. Each statement contained in any catalog and each other statement, whether oral or written, and whether made at an auction or in an advertisement, bill of sale, addendum, posting, notice, announcement or otherwise, is a statement of opinion only and shall not be relied upon by any Buyer or otherwise be deemed a warranty or representation. Images appearing on the website, the printed catalog or elsewhere are for illustrative purposes only and may not be relied upon to reveal imperfections in any products. BourbonBids, the Consignor or Seller makes no representation or warranty, express or implied, as to whether the Buyer acquires any copyright or other reproduction rights in any property. Neither BourbonBids, the Consignor or Seller shall be liable for errors or omissions in the catalog or any supplemental material. Prospective Buyers are urged and advised to inspect the property before the auction, including the cases, labels, corks and bottles, and must satisfy themselves by inspection or other means as to all considerations pertinent to any decision to place any bid. Before auction buyer inspections are allowed by appointment only. EACH PRODUCT AND EACH LOT HEREIN IS SOLD “AS IS,” AND BUYERS EXPRESSLY DISCLAIM ANY RELIANCE ON BOURBONBIDS, THE CONSIGNOR OR SELLER.

 

2. The purchase price payable by the Buyer (“Purchase Price”) will be the sum of the final bid price (the “Hammer Price”), the Buyer's Premium and any other fees described in the lot’s description, together with any applicable sales or other tax. The Buyer's Premium is 15% of the Hammer Price.

3. BourbonBids, the Consignor or Seller reserves the right to withdraw any property or cancel any sale before or at the sale and shall have no liability whatsoever for such withdrawal or cancellation.

4. BourbonBids, the Consignor or Seller reserves the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the Buyer. In the event of any dispute between bidders, or any other issue with respect to the bidder, BourbonBids will have absolute discretion to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the property in dispute. If any dispute arises after the sale, BourbonBids, the Consignor or

Seller sale record is conclusive.

5. BourbonBids, the Consignor or Seller does NOT accept absentee bids (written bids submitted to BourbonBids, the Consignor or Seller prior to the sale) or telephone bids as a convenience to clients who are not able to bid during the online auction.

6. Unless otherwise indicated, lots on this website/catalog may be subject to a reserve, which is the minimum price BourbonBids, the Consignor or Seller is willing to accept. This amount is confidential and will not exceed the low presale estimate.

7. Title to the offered lot passes to the Buyer upon the fall of the auctioneer's hammer and the announcement by the auctioneer that the lot has been sold, or the close of the online sale, subject to compliance by the Buyer with all other Conditions of Sale.

8. Once an auction lot has closed and highest bidder is determined. The auction winner is required to obtain their own insurance to cover any loss or damage to their bottle, if they would like insurance.

9. No property may be removed from BourbonBids, the Consignor or Sellers premises until Buyer has paid the Purchase Price in full plus all other fees and taxes (inclusive of any taxes due in the location of the auction on Buyers who are not residents of such location) and has satisfied such terms as BourbonBids, the Consignor or Seller, in its sole discretion, shall require. BourbonBids, the Consignor and Seller reserves the right to withhold all property until such time as all outstanding amounts are paid in full from purchases from any prior auction(s). Upon receipt of full payment, BourbonBids, the Consignor and Seller will issue a Release Order, which must be presented in order for BourbonBids, the Consignor or Seller to release purchases made at auction. BourbonBids, the Consignor or Seller reserves the right to impose a late charge of up to 2% per month of the Purchase Price, in addition to any other rights and remedies available by law to BourbonBids, the Consignor or Seller. Any payments in default after 21 calendar days of purchase will incur a penalty equal to 3% of the Purchase Price. Additional late fees equal to 3% of the Purchase Price may be charged for every 14 calendar days past the initial 48 hour period. If Buyer fails either to timely remove the purchased lots from BourbonBids, the Consignor or Seller premises or make timely arrangements to store the purchased lots, BourbonBids, the Consignor and Seller may transfer such property to a public warehouse for the account, and at the risk and expense, of Buyer. If a lot has not been collected within 30 calendar days of the date of sale, the bottle becomes property of BourbonBids and the buyer loses all rights to retain ownership of the property.

10. BourbonBids, the Consignor and Seller are not responsible for acts or omissions by itself or others in packing or shipping, whether or not the carrier or packer is recommended by BourbonBids, the Consignor and Seller. Packing and handling of purchased lots are entirely at the risk of Buyer. BourbonBids, the Consignor and Seller may, at the request and direction of Buyer and for an administrative fee, make arrangements for the consolidated shipment by common carrier of the purchased lots, provided that BourbonBids, the Consignor and Seller is not liable in any way therefor.

11. If Buyer fails to comply with any of these Conditions of Sale, Buyer will be in default and BourbonBids, the Consignor and Seller may avail itself of all remedies available by law, including, without limitation, the right to (i) hold such defaulting Buyer liable for the Purchase Price including all fees, charges and expenses, (ii) cancel the sale of that lot and any other property sold to Buyer, (iii) resell the property without Reserve at public auction or privately on reasonable notice to the Buyer, (iv) pay the Consignor an amount equal to the net proceeds payable in respect of the amount bid by the defaulting Buyer and then resell the property to a third party without Reserve at public auction or privately on reasonable notice to such Buyer, and (v) take such other action as BourbonBids deems necessary or appropriate. If BourbonBids, the Consignor or Seller resells the property pursuant to clause (iii) or (iv) above, the defaulting Buyer shall be liable for the payment of any deficiency between the Purchase Price and the price obtained upon resale pursuant to clause (iii) and (iv) above and all costs and expenses, including, without limitation, warehousing, the expenses of both sales, reasonable attorneys' fees, commissions, incidental damages and all other charges due hereunder. In the event that such Buyer pays a portion of the Purchase Price for any or all lots purchased, BourbonBids, the Consignor and Seller shall apply the payment received to such lot or lots that BourbonBids, the Consignor and Seller, in its sole discretion, deems appropriate. Any Buyer who fails to comply with these Conditions of Sale will be deemed to have granted BourbonBids, the Consignor and Seller a security interest in, and BourbonBids, the Consignor and Seller may retain as collateral security for such Buyer's obligation to it, any property in BourbonBids, the Consignor nor Sellers’ possession owned by such Buyer. BourbonBids, the Consignor and Seller shall have the benefit of all rights of a secured party under the Uniform Commercial Code or applicable law adopted in the jurisdiction where the auction is held.

12. Payment will not be deemed to have been made in full until BourbonBids, the Consignor or VSeller has collected good funds. In the event Buyer fails to pay any or all of the Purchase Price for any lot within 30 calendar days of sale and BourbonBids, the Consignor and Seller nonetheless elects to pay the Consignor any portion of the sale proceeds, Buyer acknowledges that BourbonBids, the Consignor and Seller shall have all of the rights of the Consignor to pursue the Buyer for any amounts paid to the Consignor, whether at law, in equity, or under these Conditions of Sale.

13. Notwithstanding any other terms of these Conditions of Sale, BourbonBids, the Consignor and Sellers have determined that all auctions and sales are final with no refunds. BourbonBids, the Consignor and Seller do not warranty any products sold on the auction site.

14. Alcoholic beverage products sold at auction may be subject to laws governing export from the jurisdiction where the auction was held and import restrictions of foreign countries. Buyers should always check whether an export license is required before exporting alcoholic beverage products. It is the Buyer's sole responsibility to obtain any relevant export or import license. A delay in obtaining licenses shall neither justify the rescission of any sale nor excuse delay in providing full payment for the lot. Local laws may prohibit the importation 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.

15. Prospective Buyers are also reminded that various jurisdictions impose limitations on the quantity of alcoholic beverage products which may be purchased and brought into their jurisdiction by a purchaser from another jurisdiction, without requiring the purchaser, a consignor or shipper to possess certain licenses or permits. BourbonBids, the Consignor and Sellers shall not as a condition of sale assume any obligation or bear any responsibility whatsoever for applying for or obtaining the requisite permits or licenses in the event the quantity purchased exceeds said limitations. Therefore, all prospective Buyers are strongly advised to investigate the possibility of such limitations and to determine the manner in which alcoholic beverages shall be brought into the jurisdiction so as to comply with all local requirements.

16. For auctions that are held not in Virginia or the District of Columbia, the respective rights and obligations of the parties with respect to the Conditions of Sale and the conduct of the auction shall be governed by and interpreted in accordance with the laws of the Sellers business address. By participating in an auction via internet bid, Buyer shall be deemed to have consented to the exclusive jurisdiction of the State Courts of, and the Federal Courts sitting in, the State of Virginia.  For such auctions, Buyer's sole and exclusive remedy against BourbonBids, the Consignor or Sellers for any dispute or injury related to the auction or the property listed in the catalog shall be the rescission of the sale and the refund of the original Purchase Price paid for the lot. This remedy shall be in lieu of any other remedy which might otherwise be available to Buyer as a matter of law or at equity, and neither BourbonBids, the Consignor nor Sellers shall be liable, in whole or in part, for any indirect, special, punitive, incidental or consequential damages, including, without neither BourbonBids, the Consignor nor Sellers shall be liable, in whole or in part, for any indirect, special, punitive, incidental or consequential damages, including, without limitation, loss of profits.

17. All offers and sales of alcoholic beverage products by BourbonBids, the Consignor or Sellers are subject to the local laws governing the sale of alcoholic beverage products in the jurisdiction in which the auction takes place.

18. United States law requires that Buyers of alcoholic beverages must be at least 21 years of age. Buyers should observe and comply with the applicable laws relating to the purchase of alcoholic beverages in the jurisdiction where the auction is held.  By participating in the auction, each Buyer represents and warrants to BourbonBids, the Consignor and Sellers that he, she or they has the legal capacity to purchase, receive, and possess any lot purchased.

19. BourbonBids does not ship alcoholic beverage products. As an accommodation to Buyers, BourbonBids, the Consignor and Sellers may arrange to have property packed, insured and delivered at Buyer's expense and direction, but (other than as provided in Condition of Sale) BourbonBids, the Consignor and Sellers shall have no liability or obligation for shipping alcoholic beverage products. BourbonBids, the Consignor and Sellers makes no representation, and assumes no obligation, with respect to the legality of shipment of alcoholic beverage products into any jurisdiction. BourbonBids, the Consignor and Sellers urges all Buyers to investigate and understand the alcoholic beverage products shipping laws and regulations of the jurisdiction to which they intend the alcoholic beverage products to be shipped prior to the purchase of alcoholic beverage products at auction.

20. By participating in the auction, Buyer agrees with BourbonBids, the Consignor and Sellers that these Conditions of Sale, together with any instrument captioned (i) Buying & Bidding and in effect from time to time and which are incorporated herein by reference as part of this Condition of Sale, shall become the legal, valid, and binding obligation of the Buyer, enforceable in accordance with their terms by BourbonBids, the Consignor and Sellers (who are both a party hereto and, with respect to portions hereof between Buyer and BourbonBids, the Consignor or Seller, an intended third-party beneficiary).

21.  In the event any one or more of the provisions, or any part or parts of a provision, of these Conditions of Sale is determined to be invalid or unenforceable in any respect, the validity and enforceability of all remaining provisions and parts of provisions shall not in any way be affected or impaired.

22. All legal documents provided by BourbonBids, the Consignor and Sellers will be in English

 

Collection, Delivery & Storage of Alcohol

Purchases must be picked up within 14 days of the close of an auction.

Collection
Winning lots can be picked up from the location of storage based on the sale site. Buyers can arrange to collect their alcohol by appointment by contacting us at pickup@bourbonbids.com.  Please provide at least 72 hours’ notice before coming to collect your purchase. 

For pickups, any additional packaging and/or handling that is required or requested will be subject to processing fees.

Delivery/Shipping

BourbonBids does not ship any spirits. Please review the details of each lot to determine if our consigners or Seller offer shipping or delivery. We do not offer shipping or storage insurance.