Brown Bottle Auctions LLC
Terms of Service
- Introduction
Please read these Terms of Service (“Terms”) carefully before using the Brown Bottle Auctions LLC services (“Services”), comprised of the http://www.brownbottleauctions.com website (the “Website”), the bid.brownbottleauctions.com platform (the “Platform”), and the Brown Bottle Auctions mobile application (the “App”) operated by Brown Bottle Auctions LLC (“BBA,” “us,” “we,” or “our”).
We function as an auctioneer, matching sellers (“Sellers”) and prospective purchasers (“Buyers”) through our Services. As a Seller or Buyer (“you” or “your”) your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all Buyers, Sellers and others who may access or use the Services. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Services.
- Termination
We may terminate or suspend access our Services to any individual at any time, without notice, cause, or liability, for any reason or no reason whatsoever, including without limitation any breach of these Terms. All provisions of these Terms which by their nature are enduring shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Links to Third-Party Web Sites
Our Service may contain links to third-party websites or other services that are not owned or controlled by BBA. We have no control over, have no liability for, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You hereby acknowledge and agree that Brown Bottle Auctions LLC 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 your use of or reliance on any such content, goods, or services available on or through any such third-party website or service and you hereby waive and shall hold harmless BBA for any such damage or loss.
- Changes
We reserve the authority, to be exercises in our sole discretion, at any time, to revise, modify or replace these Terms in any manner. In the event of a material revision, modification or replacement, determined in our sole discretion, we shall attempt to provide three days’ prior notice of such through publication on our Website, Platform and App.
- Auction Conditions of Sale
5.1 Auction Policies. The following policies (“Policies”) describe the manner by which Sellers provide their product to BBA for auction, how Buyers register to participate in auctions, and the manner in which the auctions are conducted. Changes to the Policies may be made at any time in our sole discretion, through posted notices, oral announcements, or announcements through the Website, Platform or App, including before or during an auction.
5.2 Property Description: The Services shall periodically post a date and catalogue of consigned products (“Goods”) to be auctioned by BBA as consignee for Sellers. Commercially reasonable efforts are utilized to accurately describe the Goods, however BBA and Sellers do not warrant the accuracy of catalog descriptions, including vintage, provenance, authenticity, quality, and condition of spirits. Statements or representations made in the catalog or salesroom are opinions and not warranties or representations of fact.
5.3 Use of Auctioneering Services: Our Services through the Website, the Platform, and the App, create an open auction, subject to these Terms, permitting Sellers to sell their Goods and Buyers to purchase such Goods at prices established by auction. All transactions are conducted in lots, with one lot constituting a group of one or more Goods available for auction at any given time.
5.4 Registration: Whether you are a Seller or a Buyer, registration on the Website, the Platform, or the App is required to create an “Account.” Registration is free. Providing accurate personal information is essential, and failure to do so may result in the suspension of an Account. Additional registration information is set forth below in Section 6.
5.5 Admission and Descriptions: We have the right at any time to refuse admission of any Account to participate in any auction and to reject any bid from any Account.
5.6 Changes and Reserves: We have the right at any time to amend lot descriptions and withdraw lots, and to establish reserves or confidential minimum selling prices for any lot. Unless explicitly stated, all lots are put up with reserve. A lot put up explicitly without reserve cannot be withdrawn once the auctioneer calls for bids unless no bid is made within a reasonable time. In all auctions, Sellers are given the liberty of bidding.
5.7 Bidding Process and Details: Real-time bidding is conducted via the Platform or the App. We offer procedures for absentee bidding and various bidding tools. Bidding increments and other details are outlined on the Platform and the App. As part of BBA’s Policies, these provisions are subject to revision or revocation at any time in our sole discretion.
5.8 Liability and Bidding: When making a bid, the registered bidder, as Buyer, accepts personal liability for the full purchase price, including Buyer’s Premium and all applicable charges and taxes. All bids are final, and no bid can be removed or changed after being placed. Upon the fall of the hammer, the risk of loss immediately transfers to Buyer.
5.9 Highest Bidder and Disputes: The Account presenting the highest bid accepted by the auctioneer upon the fall of the hammer is the Buyer that purchases a particular lot. In the event of a dispute, the determination of the auctioneer is final and conclusive.
5.10 Acceptance and Returns: Buyers accept purchases “as is,” and no returns will be accepted.
5.11 Assistance and Inquiries: For help with bidding or any questions, contact customersupport@BrownBottleAuctions.com.
- Registration
6.1 Seller Registration/Delivery of Product: Go to the Platform, bid.BrownBottleAuctions.com, (available at iOS App Store and Google Play) and follow prompts for “Sellers.”
6.2 Buyer Registration/Minimum Auction Deposit: Go to the Platform, bid.BrownBottleAuctions.com, (available at iOS App Store and Google Play) and follow prompts for “Buyers.”
6.3 Deposit and Confirmation: BBA has the right, at any time, in its sole discretion, to request a deposit, bank references, and written confirmation of bids.
- Procedures for Bidding & Payment
7.1 Registration Process: Buyers are encouraged to register at least 72 hours before the auction, providing personal information and a valid credit card. All registrations must be signed by the individual Account holder.
7.2 Payment and Late Fees: Buyers must sign for acquired lots and pay all balances in full within 24 hours of an auction in which they are a successful bidder of Goods. Late payments may incur fees and interest as established by BBA.
- Title and Shipping
8.1 Title Transfer: Title to and the risk of loss for purchased Goods passes from the Seller to Buyer at the close of the auction (announcement by auctioneer/drop of the hammer).
8.2 Responsibility: Buyer is responsible for all taxes and fees related to the purchase of Goods and for procuring delivery of purchased Goods in person or through an agent or arranging shipping. Buyer must contact BBA to specify delivery arrangements. Invoices must be paid in full before delivery.
8.3 Shipping: If shipping is chosen, BBA will assist in coordination of shipment but shall have no responsibility for shipping. Buyer accepts the risk of all hazard in shipping. We are authorized to treat any agent designated by Buyer and identifying itself as such as Buyer’s agent in fact.
8.3 Shipping Restrictions: Buyers are hereby advised that certain states have certain restrictions on transporting alcoholic beverages. BBA shall have no obligation or duty to identify any such restrictions or to obtain or pay for any permits, licenses, taxes, or fees related to shipment.
8.3 Unclaimed Purchases: Unclaimed purchases Goods shall be handled at BBA’s discretion, including storage or shipment to other locations at Buyer’s cost and expense. A return and restock fee may be assessed in our sole discretion, including for any delivery failure or refusal.
- Packing, Insurance, and Storage
9.1 Packing: Goods may require repacking services for safe delivery.
9.2 Insurance: If elected by the Buyer, insurance on the shipment can be arranged through BBA at additional cost.
9.3 Weather Conditions: BBA advises against shipping spirits in extreme temperatures. Buyers accept the risk of loss for all potential damage in shipping.
9.4 Storage: BBA provides complimentary storage of purchased Goods for 60 days from the date of auction, at Buyer’s risk. Goods not removed after 60 days are subject to storage fees and/or forfeiture as abandoned.
- General
10.1 Governing Law: The rights and obligations of all parties shall be governed by the laws of the State of Illinois.
10.2 Consistency Clause: In the event of any inconsistency between these Terms of Service, and any provisions set forth in the Website, Platform or App, these Terms of Service shall control. In the event of any inconsistency between the Website, the Platform, or the App, the terms set forth on the Website shall control.