TERMS AND CONDITIONS
By using this Website, you agree to be bound by the following Terms and Conditions of use.
DEFINITIONS
‘We’, ‘Us’, ‘Our’ means Liquid Gold Ventures Pty Ltd, trading as Cellar Vault and this Website ‘cellarvault.com.au’;
‘You’, ‘Your’, ‘Yours’, means the person or entity registering to use the Website;
‘Writing’ or ‘Written’ means communicating in writing via email;
‘Lot’, ‘Goods’ means a product or service listed for sale on our Website;
OUR SERVICES
Cellar Vault operates a Website which sells Goods as an agent for, and on behalf of, sellers on a consignment basis. We provide auctions services on our Website whereby sellers may sell their products (’Goods’) and a buyer may purchase such Goods by online auction. These products will be sold and purchased in lots, with one lot referring to the products made available to purchase by auction at any one time. We act as agents for the sellers of Goods listed on our Website. When you buy Goods on our Website you buy them from those sellers, not from us.
The auctions take place on the Website, and whether you are a seller or a buyer, you will require to register with our Website.
REGISTRATION
The cost of registration on our Website (‘registration’) is $10 (which is inclusive of GST), and online payment is required at the time of Registration.
Once you have registered you are expected to keep your information up to date in your account and are required to keep your account details and passwords strictly confidential and you must not permit any third party to use or access your account on your behalf. You will be liable for any and all bids made using your account.
AGE RESTRICTION
Please note that you must be over the age of 18 years old (or the legal age within your own country of residence) to register and sell and/or buy products (‘Goods’) via our Website.
AUCTIONS
If you place a bid for a lot on our Website, you are making an irrevocable offer to buy the lot at your bid price at the completion of the auction. This means you are making a legally binding contract with Cellar Vault to purchase the Goods or services at the final hammer price plus the buyer’s premium.
We reserve the right to make corrections to lot listings when and if incorrect information has been listed.
We reserve the right, at our absolute discretion, to withdraw any lot from sale, at any time, for lots without bids and for lots with existing bids.
We reserve the right to extend or cancel auctions in unforeseen circumstances such as Website hacks, server downtime etc.
All prices on our Website are stated in Australian dollars.
Every bottle is checked by our staff to make sure is authentic, but with counterfeiting methods getting ever more advanced there is a chance that a fraudulent bottle might mistakenly be listed in the auction. If you think that a bottle has been listed in our auction that is not genuine, please contact us immediately and provide us with as much information on this as possible.
Our staff have been trained to go through the following stages for any bottles that require additional verification:
- Physical Check: Looking at each bottle and asking if it is genuine. Are there spelling mistakes on the label? Does the packaging have a low quality of craftsmanship? Is the fill level too high? Does the seal look damaged or tampered with? Is there a tax strip? If so how and where is it attached and is it the correct kind for this bottle’s era?
- Research: Comparing labels, liquid colour, fill level, glass codes, seals etc. with other examples.
- Provenance: Researching the source of the whisky and gaining information on its provenance.
SELLERS
We are not responsible for any damage or loss during transportation from the seller’s premises to our premises. The seller must ensure they have adequate insurance to cover any damage or loss to the Goods during transportation.
Sellers must ensure that all Goods provided are authentic and all the information submitted with the Goods they wish to sell is accurate and truthful. We reserve the right to prepare and word any listing as we deem appropriate. Any inaccurate information provided by the seller relating to the Goods may result in a buyer rejecting the Goods, in which case the seller agrees to be responsible for any costs associated with any rejection and shall pay such sums reasonably incurred by us in handling such rejection including costs incurred in the buyer returning the rejected Goods to us.
If there is any doubt as to the authenticity of an item, it will not be offered for auction. In the event of a dispute arising over the provenance or authenticity of any bottle, if it cannot be proved to be genuine; it will be returned to the seller. In the event that a buyer raises a reasonable concern after receiving the Goods that they are not genuine or are the subject of an ownership claim by a third party, we reserve the right to provide the seller’s name, address and contact details to either /or both the buyer and the relevant legal authorities or law enforcement so that the issue may be resolved.
Please note that we are not list for sale bottles with the seal broken or leaking.
We reserve the right to accept or reject any Goods at our own discretion.
Sellers are prohibited from placing bids or arranging to have bids placed on behalf of the seller in respect on their own Goods that they have listed for sale. Sellers can bid on other lots offered for sale in the same auction.
For more information, please check the Selling Guide on our Website.
BUYERS
Once you have successfully registered with our Website, you will be eligible to place a bid.
Please examine closely the images provided in the listing for each lot prior to placing a bid. High-resolution images are provided when viewing from a computer. Goods will be sold as seen in the images provided for each lot. All Goods being sold are second-hand in nature and all condition defects are not specifically listed in the lots description. Should there be any discrepancy between the images provided and the lot title/description, the image holds the precedent. No claim can be lodged against a misdescribed item as all lots are sold as seen in the image and not as described.
During an auction you can bid for a lot by clicking the ‘bid’ function. You acknowledge that you are bidding in a live auction and agree that each bid submitted, as provided in these Terms and Conditions, is irrevocable and cannot be amended or corrected. Each bid shall be final and binding. You accept all liability for bids submitted via your account.
The highest bid placed on any lot at the time the auction closes will be deemed as the winning bid. The buyer will receive a confirmatory email notification of any winning bid.
The successful bidder is obliged to pay to us the purchase price of the auctioned Goods plus our commission, within 3 days from the completion time of the auction. If payment is not made within 3 days, a late payment fee will be 3% in addition to the order total.
If a buyer fails to make payment within 7 days of the completion of the auction, we reserve the right without further notice to the buyer, to seek recovery from the buyer for the hammer price of the Goods and re-listing fee of $100. We reserve the right to employ the services of a law firm or debt collection agency to collect all amounts owed to us. In such a case, you will be liable for all costs associated with or in relation to, directly or indirectly, such costs to be recoverable collecting any amounts owed to us and costs incurred in recovering such costs on an indemnity basis.
Payments can be made using bank transfers (no fees) or debit/credit cards (2% surcharge applies for merchant fees).
Our commission is 10% of the purchase price of the relevant Goods.
Once payment for the Goods has been received in full, we will deliver the Goods to you, or you may collect the Goods according to the option selected by you.
Our delivery charges are set out in the Shipping section of our Website. Delivery charges are inclusive of GST. Please note that we are unable to ship or deliver to all locations. If you have any queries regarding shipping, please contact us to confirm we can deliver to your location. Local taxation and customs charges may apply with Goods being shipped outside Australia.
For more information, please check the Buying Guide on our Website.
RETURNS AND REFUNDS
We act as agents for the various sellers in the sale of their Goods to the buyers. However, all of the Goods which are listed for sale at auction on our Website have been examined by us in relation to their condition and authenticity. All bids made on our Website are binding and every sale is final.
In the event that you receive the Goods and believe that they do not conform to the photos for the respective lot at auction or have doubts as to their provenance or authenticity, then please advise us within 48 hours from you receiving the Goods, and we will assist you in attempting to confirm the description, authenticity or provenance of the Goods. In the event that you communicate a reasonable concern to us regarding the provenance or authenticity of the respective Goods, then we reserve the right to deal with your concern by either:
- at our discretion offering you a refund of the price paid for the Goods (including our commission) upon their safe return to us, or
- disclosing to you the identity and contact details of the seller to allow you to further pursue any issues you may have with regards to the Goods.
Where you are due to receive a refund, once we have received the return of the Goods from you and are satisfied the Goods have not been damaged by you or during the time you had possession of the Goods, the price of the Goods will be reimbursed to your nominated account as soon as possible and no later than fourteen (14) days from the day we received the Goods back from you. Please note that the shipping charges and the 2% payment fees are not refundable. If the Goods have been damaged, we reserve the right to retain some or all of monies paid to us.
CONTRACT TERMINATION / CANCELLATION
We reserve the right to terminate a contract to sell and/or purchase Goods via our Website in the event of a material breach of these Terms and Conditions and our Terms of Use. For the avoidance of doubt, a material breach of these terms shall include: failure to deliver the Goods to us in time for the auction, providing fake Goods, a buyer failing to making payment of sums owed to us (either for all or part of a lot).
Where we terminate a contract with a seller or a buyer, we reserve the right to ban such parties from using our Website or our services in the future.
AMENDMENT OF TERMS AND CONDITIONS
We reserve the right to change these Terms and Conditions with immediate effect from time to time as we see fit and your continued use of the Website will signify your acceptance of any adjustment to these terms. Please check these terms regularly prior to using our Website to ensure you are aware of any changes.
PRIVACY AND SECURITY
We are committed to respect and protect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.
We process your data to provide services to you, or for our legitimate interests.
We may use your personal data to send you information about our services if you have consented to this at the point of collecting your data. In doing so we will add you to our marketing database and send you marketing materials from time to time according to your preferences. You have the right to withdraw your consent at any time, by unsubscribing from the messages or by contacting us.
We do not sell or share your data with others unless they are providing a service to us (such as payment service providers), or unless you ask us to share your data.
We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: required by law, in order to enforce or apply our terms and other agreements with you, to protect the rights, property, or safety of our customers or others.
We take security seriously and host our services on a secure third-party server.
LIABILITY
By using our Website, you agree and accept that Cellar Vault is not legally responsible for any loss or damage you might suffer related to your use of our Website. We are not legally responsible for any losses that were not foreseeable when you accessed our Website, or that were not caused by any breach of these terms or any duty on our part. Our Website is provided ‘as is’, and your use is at your own risk. We exclude to the fullest extent permitted by law, any and all express and implied warranties and guarantees.
It shall be your own responsibility to ensure that any products, services or information available through our Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Items purchased from Cellar Vault are sealed where possible, the contents of these containers are incidental and bought at the buyer’s risk. Cellar Vault is not responsible for the condition of the liquid as many items are aged and of an ‘antique’ nature.
Cellar Vault’s Website may contain hyperlinks or references to third-party websites other than our Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site will be governed by the terms and conditions of that third-party site, not these terms.
FORCE MAJEURE
Cellar Vault shall not be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure results from events, circumstances or causes beyond its reasonable control. Cellar Vault shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, but not limited to: strikes, lock-outs or other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
GOVERNING LAW
These Terms and Conditions and our Website are subject to the laws of the state of Victoria, Australia. If there is a dispute, the parties agree to submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia.