Terms and conditions
Terms and Conditions of Use
Bid for Wine is the trading name of Bid for Wine (UK) Ltd, a company registered in England & Wales, Company No. 09419910. Registered Office Address: 399 Strand, London, WC2R 0LX. All correspondence should be sent to Bid for Wine, PO Box 638, Exeter, EX1 9JY
This agreement applies as between you, the User of this Web Site and Bid for Wine (“Bid for Wine”, “we” or “us”), the owner of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
Unless you and Bid for Wine agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced. This agreement may only be amended if:
- We give 28 days notice, at the expiry of which the amendments shall automatically become effective or
- By agreement in writing signed by both parties.
Using Bid for Wine
- Comply with all applicable laws, statutes and regulations regarding your use of our service and the purchase and sale of alcohol.
- Be over 18 if operating from within the United Kingdom. If you are operating from outside the United Kingdom you must comply with local laws for the minimum age for buying and selling alcohol.
- You must have the capacity to form legally binding contracts.
- If you register as a business you represent that you have the legal capacity to bind that business. If you do not have such capacity you accept that you will become personally liable.
By bidding on an item you agree to be bound by the conditions of sale included in the item’s description so long as those conditions of sale are not in violation of this Agreement or unlawful.
As a bidder, if you have the highest bid at the end of the auction, at or above the minimum bid price (or in the case of reserve auctions, at or above the reserve price), and your bid is accepted by the seller, you are obliged to complete the transaction.
Bids are not retractable except in exceptional circumstances such as the seller materially changing the description of the item after your bid or clear typographical errors, or when you can not authenticate the identity of the seller.
Bid for Wine may refuse our services to anyone at any time, in our sole discretion.
You are specifically warned that it is an offence to attempt to buy or sell alcohol without the necessary legal authorisation. It is also a serious offence to attempt to buy or sell alcohol upon which the appropriate duty and taxes have not been paid (except when that alcohol is held in bond or duty suspension)
You must not use Bid for Wine to send or attempt to send unsolicited commercial communications (spam). You may not add other Bid for Wine users to your mailing list without their consent. You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for Bid for Wine transaction related purposes that are not unsolicited commercial communications, using services offered through Bid for Wine and other purposes that a user expressly agrees to.
Without limiting any other remedies, Bid for Wine may suspend or terminate your account if we have reasonable grounds to believe that.
- you have abused our rules in any way
- we are unable to verify or authenticate any information you provide to us; or
- your actions may cause financial loss or legal liability for you, our users or us.
Whilst using the site you will not:
- manipulate the price of any item;
- circumvent or manipulate Bid for Wine’s fee structure, the billing process, or fees owed to Bid for Wine;
- post, list or upload false, inaccurate, misleading or defamatory content (including personal information);
- transfer your Bid for Wine account (including feedback) and User ID to another party without our express consent;
- distribute viruses or any other technologies that may harm Bid for Wine, or the interests or property of Bid for Wine users;
- copy, modify, or distribute Bid for Wine’s copyrighted works or trade marks, or other content from the Site, without our express consent; or
- collect information about users, including email addresses, without their express consent.
- post, list or upload content or items in inappropriate categories or areas on the Site;
- breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
- fail to pay for items purchased by you,
- be false, inaccurate or misleading;
- infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- violate any law, statute or regulation (including, but not limited to, those governing liquor licencing, consumer protection, unfair competition or misleading advertising);
- be defamatory, libellous, unlawfully threatening or unlawfully harassing;
- be obscene or post child pornography.
- create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers or other suppliers;
- attempt to circumvent the Bid for Wine system by conducting transactions off the Bid for Wine system;
- use Bid for Wine’s system or information to send unsolicited emails or other messages except as specifically related to a particular transaction;
- abuse or threaten other Bid for Wine users or employees; and
- link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; are identical to other items you have up for auction but are priced lower than your item’s reserve or minimum bid amount; are concurrently listed for sale on a web site other than Bid for Wine’s (this does not prevent linking to or advertising an Bid for Wine item from another web site); or
- you may not list any item on the site (or engage in any transaction that was initiated using our service) that, by paying to us fees, could cause us to violate any law, statute or regulation and you agree to indemnify us for any loss suffered as a result of such actions;
- Shill bidding (when you or someone you know bids to artificially drive the price up) is strictly forbidden. You may not use an alias to place bids on your auction for any reason nor are you allowed to bid on auctions for lots sold by family members, housemates, employees or others with whom you have a pre-existing relationship. Breaches of this condition may lead to referral to law enforcement or other authorities.
- You acknowledge that Bid For Wine reserves the right to monitor any and all communications made to us or using our System.
- You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Bid for Wine site or any auction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
- You may not display contact details within your auction listings or use a listing tp solicit potential buyers to contact you via any medium other than the Bid for Wine site whilst your auction is progress.
- Without prejudice to clauses 13 and 15 b & s above, Bid for Wine reserves the right to charge commission and fees at our usual rates on any transactions (whether or not conducted via the medium of Bid for Wine) between users who have traded with one another on the site in the previous six months.
If Goods are being ordered from outside the purchaser’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. Bid For Wine is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. The purchaser of the Goods will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes.
Where you list wines on the site and the wines are lying outside the UK (other than in UK bonded storage), this must be explicitly stated within your auction description.
Subject to the exceptions in Clause 18 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Bid For Wine, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Subject to Clause 19 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Bid For Wine.
Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. Subject to Clause 19 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Bid For Wine or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site live.bidforwine.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Bid For Wine. To find out more please contact us by email at firstname.lastname@example.org.
In order to use the services and facilities provided by our website you are required to create an Account which will contain certain personal details and financial information. You are specifically forbidden from opening or attempting to open more than one account, other than where you are operating seperate accounts for your business and personal use. By continuing to use this Web Site you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit Payment Information where permission may be required; and
- you will keep this information accurate and up-to-date.
- Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. Bid For Wine accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Bid For Wine immediately to suspend your Account and cancel any unauthorised purchases that may be pending. In the event that unauthorised use is made of your account Bid For Wine accepts no liability or responsibility for that.
Fees & Currency
Unless otherwise stated, all fees, charges and estimates are quoted in UK pounds sterling. You are responsible for paying all applicable taxes and for all other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time. Invoices will be sent electronically.
We view protection of users' privacy as a very important principle. Bid for Wine will treat all personal data in compliance with the Data Protection Act 1998 (Registration No. Z1414131). A user may request a copy of any personal information held by writing to: The Data Controller, Bid for Wine (UK) Ltd, 399 Strand, London, WC2R 0LX. A fee of £15 will be charged to cover administrative costs.
You agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information
In the interests of preventing fraudulent use of credit, debit and charge cards, we will validate the names, addresses and other information supplied during the registration process against commercially available records (e.g Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By registering with Bid For Wine you consent to such checks being made. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. This is done only to confirm your identity, a credit check is not performed and your credit rating will be unaffected. All information provided will be treated in accordance with the Data Protection Act 1998.
If you do not wish us to send to you our newsletter and other marketing communications relating to our business by email, post or similar technology; please email us at email@example.com with the subject ‘Remove’
Except as explicitly stated otherwise, notices to Bid for Wine shall be sent by registered mail to Bid for Wine (UK) Ltd, 399 Strand, London, WC2R 0LX. We shall send notices to you by e-mail or by registered mail or ordinary mail (in our discretion) to the email address or postal address (as applicable) that you provided to Bid for Wine when you registered as a member of Bid for Wine. Notices sent to you by either e-mail or post shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid.
In our sole discretion, we may assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you. Governing Law and Dispute Resolution
This User Agreement and supplementary agreements shall be governed by and construed in accordance with English law. You and Bid for Wine both agree to submit to the exclusive jurisdiction of the UK Courts. If a dispute arises between you and Bid for Wine, we strongly encourage you to first seek a resolution by contacting customersupport@BidforWine.co.uk. The parties must attempt to resolve the dispute by means of a mediation conducted by a mediation provider accredited by the Civil Mediation Council prior to any further legal action being taken.
Limitation of Liability
Bid For Wine accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk. In particular (and without prejudice to the foregoing) Bid For Wine will not be liable in the following circumstances:
- Any calculation as to potential tax or excise duty liability given on the site is for illustrative purposes only and its accuracy is not guaranteed.
- In respect of a seller attempting to sell goods which do not comply with their description;
- In respect of a seller who sells or attempts to sell goods upon which the appropriate taxes and duties have been paid.
- In respect of a sellers failing to deliver goods.
Whilst every effort has been made to ensure that these terms and conditions and those of supplementary agreements adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
You and Bid for Wine are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. We and our suppliers provide the Bid for Wine web site and our services “as is” and without any warranty or condition, express or implied. We and our suppliers specifically disclaim the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
As far as possible Bid for Wine verifies the identity of all users. However we make no guarantees as to the identity of any user and cannot accept any liability for losses incurred due to fraud or misrepresentation on the part of any user
Under no circumstances shall we be liable for lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with this agreement. If, notwithstanding the previous sentence, we are held to be liable, then our liability to you or any third parties in any circumstance is limited to the lesser of
(a) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) £100.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets out the entire understanding and agreement between us.
You agree to indemnify us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, against any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your breach of any law or the rights of a third party.
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
What information do we collect?
We may collect, store and use the following kinds of personal data:
Information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type, referral source, length of visit and number of page views).
Information relating to any transactions carried out between you and us or you and third parties on or in relation to this website, including information relating to any purchases you make of our goods or services or the goods and services of third parties (including information about items bought or sold)
Information that you provide to us for the purpose of registering with us (including email address, address, telephone number and preferences)
Information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters (including marketing material which relates to topics you have stated as of being of interest)e. shipping, billing and other contact information you provide during your use of the site
Feedback, correspondence and other communications you receive or submit whilst using Bid for Wine
Any other information that you choose to send to us
A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.
We may use both ‘session’ cookies and ‘persistent’ cookies on the website. We will use the session cookies to: keep track of you whilst you navigate the website; and to ensure the material displayed is of relevance to you. We will use the persistent cookies to enable our website to recognise you when you visit.
Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.
Our payment services providers may also send you cookies.
You can set your browser to refuse to accept cookies. This will, however, have a negative impact upon the usability and your experience of this website.
Using your personal data
We may use your personal information to:
- Administer the website;
- Improve your browsing experience by personalising the website;
- Enable your use of the services available on the website;
- Send to you goods purchased via the website, and supply to you services purchased via the website;
- Send statements and invoices to you, and collect payments from you;
- Send you general (non-marketing) commercial communications;
- Send you email notifications which you have specifically requested;
- Send to you our newsletter and other marketing communications relating to our business by email, post or similar technology (you can inform us at any time if you no longer require marketing communications by emailing firstname.lastname@example.org with the subject ‘Remove’).
- Deal with enquiries and complaints made by or about you relating to the website
- Resolve any problems you may experience whilst using the website
- Assist third parties in their dealing with you via the site, including sharing your contact details if you are involved in a transaction with the third party; and
Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
We do not sell or rent your personal information to third parties for their marketing purposes.
We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.
- To the extent that we are required to do so by law;
- In connection with any legal proceedings or prospective legal proceedings;
- In order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
- To any of our agents, suppliers or subcontractors (but only as reasonably necessary for our purposes as set out above)
International data transfers
If you are in the European Economic Area (EEA), information which you provide may be transferred to countries (including the United States) which do not have data protection laws equivalent to those in force in the EEA.
In addition, personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world.
You expressly agree to such transfers of personal information.
Security of your personal data
We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information however data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
We view protection of users' privacy as a very important principle. Bid for Wine will treat all personal data in compliance with the Data Protection Act 1998 (Registration No. Z1414131). A user may request a copy of any personal information held by writing to:
The Data Controller, Bid for Wine (UK) Ltd, 399 Strand London WC2R 0LX.
A fee of £15 will be charged to cover administrative costs.
You may instruct us not to process your personal data for marketing purposes by email at any time. You can opt out of our mailing list by emailing email@example.com with the subject ‘Remove’.
Third party websites
The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.
Please let us know if the personal information which we hold about you needs to be corrected or updated.
Bid for Wine, PO Box 638, Exeter, EX1 9JY