AUCTION HOUSE TERMS AND CONDITIONS
Davis & White Wine Auction House (D&W) is a trading name of Winilba Projects Pty Ltd, ABN 51 127 907 537.
Whether you are considering buying or selling via Davis & White Wine Auction House (D&W), we recommend you carefully read the following terms and conditions as they apply to all transactions/dealings between you and D&W. These terms and conditions may be updated from time to time; the latest version will always be available on our website: www.davisandwhite.com.au.
These terms are governed by the laws of QLD, being the state in which all Auctions take place, and all parties hereby submit to the non-exclusive jurisdiction of its Courts.
If you have any questions relating to these terms, please contact Darren Davis (D&W) on 0499 770 169.
FOR BUYERS
Registration
In order to be eligible to place a bid, all Buyers must first register on the D&W website by opening a customer account. In doing so the Buyer warrants to D&W that:
- He/she is 18 years old or above and has the legal capacity and ability to purchase alcoholic beverages.
- He/she is able to make a legally binding commitment to purchase any goods and/or services bid upon via auction
- He/she agrees to the terms and conditions contained herein
- He/she agrees to the terms of the D&W Privacy Policy
Catalogue
All goods are thoroughly inspected by D&W, using its own experience to assess each item and ensure that Lots are accurately represented in the Auction Catalogue with thorough descriptions and details, including appraisals of any Lots that are in less than excellent condition. D&W also photographs each item to assist the Buyer to make their own assessment of the condition of the Lot. The Catalogue is available in full on the D&W website. Each Lot is sold ‘As Is’ by the Seller, with any and all faults and defects, at the risk of the Buyer.
D&W will also provide a price estimate for each Lot based on recent sales or, if not available, its expert opinion of realistic value. All information relating to price and condition is provided as a guide only and are a statement of opinion. They should not be used or relied upon as a statement of fact. Buyers are responsible for making their own assessments of Lots prior to placing a bid.
Bidding
All bids placed are legally binding and processed in real time on the D&W website to show the highest bidder.
Bids will increase in the following increments:
- $1 uptp $99 per unit
- $5 upto $499 per unit
- $10 upto $99 per unit
- $25 above $100 per unit
Auctions will have a 5 minute right to reply after the auction closing time if there is still active bidding on lots. These lots will only close if there is no active bidding for 5 minutes.
If you are out-bid you will receive an email notification, and the item will no longer be listed as ‘winning’ in your bid list. You may choose to increase your bid at any time until the auction closes. D&W accepts no responsibility for delays in receipt of email outbid notifications. As bidding towards the end of an auction may out-pace the speed of delivery of such emails, buyers are advised to monitor bidding live on the D&W website and to use the automatic bidding facility as applicable.
You may be prevented from bidding if:
- Your credit card details are invalid or out of date
- Your account is blocked as a result of overdue invoices outstanding to D&W. Such invoices must be paid in full in order for your account to be reinstated
D&W reserves the right to refuse any bid and to advance bidding at its discretion.
Lots
The buyer is responsible for reading and assessing the full description of any Lot prior to placing a bid.
The quantity of units in each Lots is stipulated in the description of the Lot. The price estimate and/or current bid shown against any Lot is per unit and includes GST. Lots cannot be divided and the successful bidder must take the Lot as it is offered. A Buyer’s Premium of 15% inc GST is applicable to the final sale price of each Lot.
D&W reserves the right to withdraw any Lot from sale at any time.
Winning a Lot/Multiple Lots
When the auction closes buyers will receive one email confirming all Lots won, containing an invoice to be paid within 7 days.
The final Lot price is calculated by multiplying the number of bottles in the Lot by the winning unit price. A Buyer’s Premium of 15% (including GST) will be added to the hammer price of each Lot. Freight charges will be consolidated and calculated based on the total of bottles won and charged to the Buyer as per the D&W Delivery policy.
All invoices are quoted and must be paid in AUD. All prices quoted are inclusive of GST.
Payment
All invoices are to be paid within 7 days of receipt of tax invoice from D&W. No goods will be dispatched until payment in full has been received. Payments may be made by designated credit card only, via the Buyer’s account on the D&W website.
If payment is not received within 7 days D&W may charge the Buyer’s designated credit card, and if unsuccessful to cancel the sale and re-sell the wine. The Buyer accepts liability for any expenses incurred by D&W as a result of his/her failure to meet the payment terms and conditions, including (but not limited to): any shortfall in purchase price resulting from a resale, applicable sales commissions, storage costs, legal fees and any other expenses or damages incurred by D&W or the Seller.
Title of goods does not pass to the Buyer until the relevant invoice is paid in full.
Delivery
The Buyer must verify the delivery address for their goods at the point of payment. D&W takes no responsibility for any loss associated with shipping goods to an incorrect or outdated address provided by the Buyer.
D&W will ship goods to the Buyer’s stipulated address according to the terms and conditions of D&W’s Delivery Policy. Buyers should allow up to 14 days for delivery of goods. International freight must be organised by the Buyer, who accepts full responsibility for all applicable customs and duties charges
Goods freighted by D&W are covered by insurance. Such insurance covers breakage and/or loss during transportation but does not cover damage caused by the inherent condition of the wine, such as leaking due to ullage or failing closures. Buyers should account for the possibility of leakage due to ullage/low wine level in bottle before placing a bid as D&W accepts no liability for such damages.
In the instance of loss or breakage of goods in transit, D&W shall reimburse the Buyer the purchase price of the goods, including the applicable Buyer’s Premium. Any such claims must be forwarded to D&W within 24 hours of receipt of goods.
Warranty
While D&W uses its best endeavours to ensure all goods offered for auction are accurately described, neither the Seller nor D&W warrants, or will be held responsible for, the accuracy of any published descriptions, including (but not limited to) those of provenance, authenticity, condition and quality. All such information is provided as a guide and is a statement of opinion only; such information may not be held as any kind of guarantee. Should D&W become aware of any errors or omissions, it undertakes to correct and update relevant listings at its earliest convenience.
In placing a bid on an auction Lot Buyers accept that consumer guarantees, including all guarantees relating to quality, accuracy of description and fitness for purposes, as applicable under Australian Consumer Law, do not apply to goods sold by auction. All auction goods are purchased at the Buyer’s own risk.
FOR SELLERS
Registration
In order to sell wine via D&W, all Sellers must first register on the D&W website by opening a customer account. In doing so the Seller warrants to D&W that:
- He/she is 18 years old or above and has the legal capacity and ability to purchase and/or sell alcoholic beverages.
- He/she agrees to the terms and conditions contained herein
- He/she agrees to the terms of the D&W Privacy Policy
Submission of Goods
Sellers must submit a list of goods to D&W by email in order to receive a preliminary estimate. This list should include –
- Vintage
- Number of bottles
- Type of closure
- Details of storage conditions and where the goods are located
- Provenance/purchase history, if known
In submitting a list, Sellers acknowledge that not all goods are suitable for sale by auction. D&W reserves the right to refuse to list any goods it deems inappropriate for auction.
In submitting a list of goods to D&W the Seller warrants to D&W and all Buyers that it is the owner of those goods, and that they may be sold free of lien, mortgage security or encumbrance.
Estimates/Valuations
D&W will provide the Seller with a low and high estimate based on previous sales history where available and, where unavailable, the professional experience of its expert auctioneer.
The low estimate price will be the opening price of the Lot, and as such a Lot may sell at this price if no further bids are placed after an opening bid.
All estimates provided by D&W are final (pending inspection of goods) and must be accepted by the Seller prior to shipping goods to D&W. D&W will advise the Seller of any goods unsuitable for sale by auction.
Reserves
A Reserve price may be agreed between the Seller and D&W prior to goods being shipped to D&W. D&W will not accept Reserve prices that are not in line with its estimates and reserves the right to refuse any Reserve price.
Shipping wine to D&W
The Seller is responsible for the delivery of goods to D&W. D&W will work with the Seller to arrange the most suitable method of delivery, or for larger collections based in SE Queensland, may arrange to inspect and collect the goods directly.
All risk in the transportation of goods from the Seller to D&W is held by the Seller. Sellers will be emailed by D&W to advise of receipt of goods, detailing items received and confirming their condition.
D&W will hold all goods at its own cost at its temperature-controlled facility in Northgate, QLD until sold. All goods are insured against loss or breakage whilst held by D&W.
Inspection of Goods
D&W will inspect, catalogue and photograph all items prior to offering them for sale. D&W will make note of the condition of each bottle, specifically:
- Type and condition of closure
- Ullage level
- Label condition
D&W reserves the right to adjust the estimates provided to the Seller based on the physical condition of goods once inspected. Sellers will be advised of any adjustments to estimates in writing, detailing any faults detected by D&W and not previously disclosed, a minimum of 7 days prior to the commencement of the sale. Sellers may opt to withdraw goods from sale on this basis and will be responsible for all costs associated with the return of such goods.
Sellers may not withdraw Lots once the auction has commenced.
Auction
By authorising Lots to be sold through D&W the Seller agrees to accept the final hammer price as final (unless the final price does not meet any reserve price set). Sellers are not prohibited from bidding on their own Lots, with any such bids governed by the terms and conditions for Buyers contained herein.
Upon completion of the auction, the Seller agrees to pay a Sellers Commission of 15% (Including GST) to D&W. This commission will be deducted from the proceeds of the Lot, which will be paid to the Seller within 30 days of the end of the auction (subject to funds for the Lot having been paid by the Buyer and cleared into D&W’s account).
Seller Default
In the instance that the Seller provides misleading information about their goods (including incorrect statements relating to the title of goods) to D&W, D&W reserves the right to charge the Seller for all reasonable costs associated with the services provided, and for the return of goods to the Seller. Goods will be returned only when payment in respect of the above has been made in full.
