Bourbon Bids | Collectable Spirits Marketplace

Buying & Bidding - Terms and Conditions

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 & 100 Proof Spirits 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 1-855-593-9936 or 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. Bourbonbids and its sellers reserve the right to pull any bottle from an auction at anytime for any reason.

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.

 

  1. 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.
  2. 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.
  3. 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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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).
  17. 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.
  18. 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.

 

Website Terms and Conditions

Last updated: May 24, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • means a unique account created for You to access our Service or parts of our Service.
  • refers to: Delaware, United States
  • (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to 100 Proof LLC, 18585 Coastal Hwy Unit 10 Rehoboth Beach, DE 19971.
  • refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
  • refer to the items offered for sale on the Service.
  • mean a request by You to purchase Goods from Us.
  • refers to the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • refers to BourbonBids, accessible from [ ; ]( ; )
  • means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place a bid at auction for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

All Bids and Sales are final, no returns or refunds will be offered. Please pay attention to what you are bidding on.

Any winning bid which is not paid in full within 48 hours of the auction close time will be cancelled and considered void. We reserve the right to offer the product to the next highest bidder or cancel all together.

Your Order Cancellation Rights

We do now allow cancellation of your bid. The winning bidder is expected to pay in full within 48 hours of the close of the auction.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Goods on our auction platform. The Goods available on Our Platform may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Auction Price Policy

The Company reserves the right to revise its auction prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

All Goods purchased by the winning bidder are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard,  American Express cards or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

User Accounts

When You create an account with Us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service may allow You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

 

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

 

 

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at . Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

 

 

 

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: info@bourbonbids.com

 

VA Auctioneer License # 2907004535

 

BourbonBids Shipping Policy

BourbonBids and 100 Proof LLC do not provide shipping services.

While we don’t ship, auction winners can now engage a 3rd party shipper to pick up from our location in the Washington, DC area and deliver right to your door.

To schedule and pay for your shipping services please contact your chosen 3rd party shipping company directly. These carriers only ship within the continental United States.

  1. https://westerncarriers.com
  2. https://c3transports.com
  3. Email shipping@bourbonbids.com for more shipping options

The average fee for shipping has been between $40 - $125 per package. Shipping from Washington D.C.

A single package is usually determined to be up to twelve(12) 750ml bottles. The prices are normally per package not per bottle. All bottles must ship to the same address.

Buyer and receiver must be 21 or over.

As a reminder, you are solely responsible for the shipment of your auction purchases. If BourbonBids arranges a shipment, Bourbonbids is providing a service and acting as an agent on behalf of the Buyer. BourbonBids does not offer insurance on your purchased property. BourbonBids does not hold any responsibility for your property once your shipper picks up from the pickup location.

 

Disclaimer: Bottles may have a low fill level. Many older bottles of spirits can have a low level of liquid due to evaporation and leakage. This can be due to the quality of cork and seal, temperature fluctuations, humidity, new bottle fill levels are not scientifically exact, plus other causes.

If you cannot pick up this bottle in person from the auction location, we cannot guarantee that a 3rd party shipper will ship due to possible leakage. Shipping is at your own risk.