Help
General Terms of Services

Last Change : 1st September 2011

I - Definitions

II - iDealwine’s Mission
III - Registration
IV - Course of the Sales
V - Modifying or Canceling an Order
VI - Price and Payment
VII - Value Added Tax
VIII - Particular Conditions applying to On Line auctions
IX - Product Guarantees
X - Shipping
XI - Liability
XII - Force Majeure
XIII - Statutory Endorsements
XIV - Applicable Law – Granting Jurisdiction
XV - Customer Service


I - Définitions


Bids placed before an auction or pre-bids
: These are “Electronic” bids placed with iDealwine for lots that will be auctioned in public wine auctions organized by auctioneers or French Auction Companies. At the end of the pre-bidding period, iDealwine sends the order for the winning pre-bid, the highest bid, to the auction hall.
.
Live Auctions : Auctions organized by auctioneers or French Auction Companies for which iDealwine accepts live bids over an electronic system and then bids on behalf of its client(s) live at the auction.

Maximum Bid : The maximum bid lets you set a price limit in advance that you do not wish to exceed. If you set a maximum bid amount on a wine, your bid will be automatically readjusted every time another bid is placed on the same lot. This will occur until somebody reaches your maximum bid limit.

Online Auctions : Remote public wine auctions conducted electronically by French Auction Companies.
iDealwine lists these auctions on its auction list as “online auctions”. This list can be found on iDealwine’s web site under “Nearest Auction Close Dates” and “Furthest Auction Close Dates”. The name of the French Auction Company organizing the auction is indicated in the auction header. .

Fixed Price Sales : catalogued sales organized by the company iDealwine on its electronic platform, which proceed without bidding. These sales are identified by the term “fixed price sales” in the list of the sales present on the iDealwine website.

Offres iDéales (iDeal Offers) :this term indicates the special offers organized by the company iDealwine on one or more references of a producer or a house of trade. These sales are accessible in the part “Offres ideal” of the heading the Market.


II - iDealwine’s Mission


iDealwine’s web site specializes in wine information and intermediation. When handling pre-bids and live auctions, iDealwine bids on behalf of its clients in the auction hall, as defined by article 73 of the French Commercial Code. iDealwine does not organize auctions in a legal sense, but accepts the first purchase order resulting from the highest bid it receives.

When handling online auctions, iDealwine provides French Auction Companies with an electronic platform where they can hold remote public auctions. IDealwine acts as the technical service provider for the Public Auction Company organizing the auction.

Within the framework of the fixed price sales, the company iDealwine organizes on its electronic platform a sale without bidding relating to objects which were entrusted to him by salesmen to be sold at a price determined in advance.

Within the framework of the ideal offers, the company iDealwine puts on sale on its electronic platform for one length of time limited and under privileged conditions one or more references of a producer or house of wine trade.


III - Inscription


a)    
Registration is required prior to participating in any auction through iDealwine.
b)
In order to participate in an auction or a sale through iDealwine, bidders must meet the following requirements:
-
The bidder must be of legal age in France, 18 years or older
-
The bidder must have the legal capacity required to consent to such an agreement, or have the authorization of a parent or legal guardian, if he or she is a minor or legally incapable.
-
The bidder must comply with all terms herein.
c)
When registering, clients are asked for their first and last name, address and email address. This information is submitted to iDealwine in order to process bids, but iDealwine may forward this information to its partners. Clients may deny this transaction by informing iDealwine upon registration. Orders cannot be processed unless the client has submitted a valid credit card number. If the client wishes to use another payment method, he or she will need to contact iDealwine’s Customer Service Department during registration.
d)
When registering, clients must confirm that the address they wish to be shipped to is within iDealwine’s shipping area.


IV - Course of the Sales


Pre-bids : The opening bid and the time period for placing pre-bids are indicated in auctioned lots’ descriptions. The bidder can start an order by either selecting a bid increment based on the current price of the auctioned lot or by using the maximum bid feature by selecting a maximum bid amount. At the end of the pre-bidding period, the highest bidder is declared the winner and will be sent a confirmation email from iDealwine. A representative from iDealwine will be physically present in the auction hall, with authorization from the pre-bid winner to process his or her purchase order at any price that is at or below his or her maximum pre-bid amount.

Live Auctions : Clients need to register for the auction they wish to participate in. After registering, they will need to select the lots they wishes to bid on: during the auction, bidders will not be able to bid on any lots they did not select in advance. For technical reasons, the number of participants allowed to participate in a live auction is limited to 400. Registrations will stop being accepted once this limit is reached, the rule is first come first served. Registration dates and times are indicated on the web site at least two weeks before the auction. iDealwine may stop accepting registrations at any time before reaching the maximum number of registrants. The opening bid for lots is indicated once bidding begins on each lot. In order to bid, clients need to select one of the offered bid increments. A message will inform iDealwine bidders if bids are for or against them (in the hall). A representative from iDealwine will be physically present in the auction hall with the bidder’s authorization to process his or her purchase order at a price at or below his or her maximum pre-bid amount. iDealwine reserves the right to not process an order if it deems that the order is patently disproportionate or if it has an insufficient security deposit.. After bidding ends, the bidders on iDealwine will find out whether or not they have won..

Fixed Price Sales : The purchase price of the lots as well as the duration of sale is indicated in the descriptive of the lots put on sale. The lot is sold to the first client having placed his buying order. As soon as a buying order is recorded, the situation of the lot indicated on the descriptive part changes from “available to “sold”, and no other buying order can be recorded. The purchaser receives email of confirmation of his purchase in the minutes following its buying order. At the end of the sale, the purchaser receives email allowing him to proceed to the payment of his order.


iDeal offers : The characteristics of each offer are detailed on the website: description of the product, unit price, duration of the offer. The purchaser carries out his order either directly on the site with a payment by bank card or transmits to iDealwine a purchase order (e-mail, mail or fax) accompanied by his payment (credit transfer or cheque). The orders are firm only when they are confirmed by the payment of the price by the pruchaser.


V - Modifying or Canceling an Order


Case of Pre-Bids, Live Auctions, On Line Auctions

LPlacing a bid is an irrevocable and legal act: as a result, once an order is placed it cannot be cancelled or modified. However, bidders can place higher bids if they are outbid on the web site. iDealwine reserves the right to cancel an order or request a security deposit if it feels an order is exceptionally large. The orders resulting from these services do not profit from a faculty from retractation


Case of Fixed Price Sales and iDeal Offers

The fixed price sales and the ideal Offers profit from a faculty of retractation pursuant to the provisions of the L.121-16 article of the French Code of Consumption. The purchaser has a seven days deadline frank as from the delivery of his order to make return of the delivered article. The purchaser will have to then inform the Customer service of iDealwine in writing (email, mail or fax) before turning over the goods. It is specified that the expenses of return are the responsibility of the purchaser. Refunding will be carried out other than the initial transport charges within 30 day.


VI - Price and Payment


A- Pre-Bids, On Line Bids, fixed price sales

In addition to the auction sale price, bidders must pay commissions and shipping fees. The buyer’s commission is 16,50% (tax included) 13,80% (tax not included), that is to say 16,50% including French VAT..

The commission for pre-bids and live auctions is paid to iDealwine for its intermediation services and is added to the auction sale price (the auction sale price corresponds with the “hammer price” and includes legal fees charged by the auctioneer during the auction and import taxes in case of Auctions organized outside from France).

The commission for online auctions is paid to the French Auction Company that organized the auction and is added to the final price at auction close on the web site (which corresponds to the hammer price).

In the case of the fixed price sales, these commissions correspond to the service of organization of sale of the company iDealwine.

The commissions due by sellers are variable according to the quality of the importance of the amount put on sale. They are defined on the mandate established by the Auctioneer within the framework of a sale in room or on-line and on the mandate established by iDealwine within the framework of a fixed price sale.


B- ideal Offers

The prices indicated mean all inclusive of tax (price including all taxes, except typographical error) for the Metropolitan France (VAT 19,6%), except transport. There is no commission to add to the price indicated. The orders are final only when they were confirmed by the payment of the price by the purchaser.


Date of Payment
All bids are payable in euros regardless of the bidder’s country of origin. Payment is due once the lot is awarded, and before the 15th day after the creation of the order; any outstanding payment after 30 days will accrue interest at a rate equal to one and a half of the legal interest rate. In addition, storage fees will be accrued at a rate of 1 euro per day, taking effect on the 31st day following the date the lot was won.
In case of non-payment of a purchase within 30 days after the confirmation of the order, iDealwine shall be entitled to proceed to the automatic debit of the sum owed on the bank account used when registrating.
In case of non-payment, a fee of 10 % of the total amount of the order and 75 euro of fixed fee will be charged, without prejudging the legal poursuits that iDealwine could commit.

Means of Payment
Credit card payments are limited to 5000 euros and to French credit card. Our system does accept non-French credit cards until 3000 euros.
For amounts exceeding 3000 or 5000 euros, payments must exclusively be made by bank transfer.
According to the current French law, settlements in cash are limited to 3000 euro by invoice.




VII - Value Added Tax


Most lots auctioned in live auctions, pre-bids or on-line auctions , are placed in the auction by people who are not required to pay the VAT. Therefore, the value-added tax only applies to the auctioneer’s and iDealwine’s commissions. In this instance, professional buyers cannot collect the value-added tax, and the tax cannot be included on the invoice issued by iDealwine. Some lots are auctioned by dealers that are required to pay the VAT. In this case, the common system is applicable, and professional buyers are able to collect the value-added tax. VAT chargeable or VAT not chargeable is indicated in the auctioned lot’s description sheet and on the invoice.

Non-Resident Clients:

iDealwine clients residing outside of metropolitan France are informed that customs and excise duties are not included in the commission price and are invoiced to the client in accordance with current laws. Clients can contact iDealwine’s Customer Service Department to learn more about these fees.


VIII - Particular Conditions applying to On Line auctions


In order to place a bid online, iDealwine members must agree to the following terms in addition to the general service terms:

In order to participate in online auctions, bidders must register as members on iDealwine’s web site (provide personal information), accept the general terms herein and provide credit card information. The information provided to iDealwine is forwarded to the French Auction Company organizing the auction. The French Auction Company reserves the right to refuse a bid for just cause, particularly if it feels there is not a sufficient security deposit. The French Auction Company may require an additional security deposit before accepting the bid.

Lot Descriptions, Expositions and Guarantees
The auction organizer is legally bound by lot descriptions. Buyers who wish to receive additional information may contact the auction organizer directly.

Lots described in the catalog will be presented in a public exhibition prior to the auction. Potential buyers should contact the French Auction Company organizing the auction, or iDealwine to receive any information regarding the exhibition.
The French Auction Company guarantees that the wines will be authentic and will conform to their published descriptions. However, information provided regarding fill levels and the condition or absence of capsules and labels on bottles of wines and spirits is only indicative. The French Auction Company cannot guarantee the condition of corks. Information on bottle labels, back labels, neck labels and corks serve only to identify the beverage and the French Auction Company cannot at any time be held liable for it. Tasting characteristics for wines purchased in online auctions cannot be guaranteed.

Auction Procedures
The starting bid for lots, the estimated price and the length of the bidding period are indicated in the auctioned lots’ description sheets. Bidders can place orders by either selecting a bid increment based on the current price of the auctioned lot or by using the maximum bid feature by selecting a maximum bid amount.
At the close of the bidding period, the highest bidder will receive an email informing him of the bidding results. The French auction Company will then begin authenticating auction results and drafting the formal sales record. The buyer will then receive an email informing him that he has won the lot.

Public Auction Fees and Payment
In addition to the bid amount, buyers pay public auction fees added by the French Auction Company that organized the auction: 13,80% (tax not included), 16,50% (tax included) of the hammer price.

After the auction, all lots won by the same bidder are included into one invoice/order (bill of sale) and are payable to the French Auction Company that organized the auction. Buyers will receive an email informing them of their order reference information. Important: lots won from online auctions cannot be included with lots won with pre-bids, since the online buyer is a client of the French Auction Company and the pre-bid buyer is an iDealwine client.
Depending on the payment method selected during registration, buyers will either pay by credit card over iDealwine’s web site or with a check made out to the French Auction Company.

Shipping and Delivery of Lots
Lots cannot be delivered until payment is received in full for the amount due. Lots can only be removed from the auction hall upon presentation of the bill of sale by the French Auction Company stating “paid”.
Buyers can use iDealwine’s shipping services or they can pick up their lots directly from iDealwine’s office (see paragraph X – Shipping).

Responsibilities
The French Auction Company that organized the auction and its technical service provider, iDealwine, make every effort to keep their online auctions continually up and running. However, they cannot be held responsible if, due to technical difficulties, the system will not allow bidders to place bids in an auction. If the system is not operational due to technical difficulties, iDealwine will inform everybody participating in the auction as soon as possible.


IX - Product Guarantees

iDealwine guarantees that products will conform with their descriptions on its web site. However, bidders are informed that vintages on spirits are indicative. Information provided regarding fill levels and the condition or absence of capsules and labels is only indicative. iDealwine cannot guarantee the condition of corks. Information on labels and back labels serves to identify the beverage and iDealwine cannot at any time be held liable for it. Tasting characteristics for wines purchased through iDealwine services cannot be guaranteed by iDealwine.


X - Shipping


iDealwine undertakes to have your wine shipped in the best conditions. Your wine will be packaged in a completely suitable, secure and insulated container and protected against transportation risks before shipping to the address you have chosen.


Pays
Délais *
Frais de Livraison par forfait **
France métropolitaine
15 workdays
16,50 euros TTC per case of 12 bottles (tax included)
Belgique
18 workdays
29 euros TTC per case of 12 bottles (tax included)
Allemagne
18 workdays
29 euros TTC per case of 12 bottles (tax included)
Pays-Bas
18 workdays
29 euros TTC per case of 12 bottles (tax included)
Italie
18 workdays
29 euros TTC per case of 12 bottles (tax included)
Espagne
18 workdays
29 euros TTC per case of 12 bottles (tax included)
Suisse
18 workdays
35 euros TTC per case of 12 bottles (tax included)
Portugal
18 workdays
35 euros TTC per case of 12 bottles (tax included)
Autriche
18 workdays
35 euros TTC per case of 12 bottles (tax included)
Grande-Bretagne
18 workdays
35 euros TTC per case of 12 bottles (tax included)
Luxembourg
18 workdays
29 euros TTC per case of 12 bottles (tax included)
Danemark
18 workdays
35 euros TTC per case of 12 bottles (tax included)
Norvège
18 workdays
70 euros TTC per case of 12 bottles (tax included)
Roumanie
18 workdays
70 euros TTC per case of 12 bottles (tax included)
Pologne
18 workdays
70 euros TTC per case of 12 bottles (tax included)
Hongrie
18 workdays
70 euros TTC per case of 12 bottles (tax included)
République Tchèque
18 workdays
70 euros TTC per case of 12 bottles (tax included)
Slovaquie
18 workdays
70 euros TTC per case of 12 bottles (tax included)
Slovénie
18 workdays
70 euros TTC per case of 12 bottles (tax included)
Grèce
18 workdays
70 euros TTC per case of 12 bottles (tax included)
Hong Kong
18 workdays
To know exact shipping fees, please contact: info@idealwine.com
Corée du Sud
18 workdays
To know exact shipping fees, please contact: info@idealwine.com
Singapour
18 workdays
To know exact shipping fees, please contact: info@idealwine.com
  Other countries contact us  



Nota Bene :
The special offers and specific promotions can have specific delivery conditions (modification of the delivery periods, restriction of the covered zones of delivery). These conditions are explicitly detailed within the description sheet of the special offers. In the case of auction sales proceeding out of France, you should consider 15 additional days for the delivery periods.
.
* Except for weekends and holidays, calculated from the date when payment is recorded as received.
** The indicated rate is applicable per case of 12 bottles (75cl) or per case of 3 magnums (150cl). The rate applies to individual units starting with the double-magnum. (It isn’t possible to put different bottle sizes together in the same case).

If you haven’t received your shipment more than 72 hours after the shipping time indicated above, iDealwine will reimburse you for shipping costs.
Your shipment is guaranteed against all transportation risks (loss, theft, damages). iDealwine has chosen shippers that guarantee the highest quality of service. (shipping is provided by COLISSIMO SUIVI or by special courier for French departments 75 and 92). However, if a transportation problem arises you will still need to attach all legal reserves on the lot’s shipping slip and contact our Customer Service Department as soon as possible at: +33 (0)1 46 21 54 11

Combining Orders
We can combine orders if you have new bids pending an auction that will close within 15 days following the date of your first order, as long as this order has been paid for. This way you won’t be charged additional shipping fees for the new order within the limits of the “open” case and your lots will be combined in the same shipment.

Picking Up Wine From Our Premises (92)
You can also pick up your wine at iDealwine’s office or have it picked up by a shipping company of your choice. Shipping fees will be deducted from the total amount of your order once you inform our Customer Service Department (+33 (0)1 56 05 86 10). Be sure to reference your order. We will inform you of the date when you can pick up your wine. Our office is located at 190, rue d’Estienne d’Orves – 92700 COLOMBES (92) and is open Monday through Friday, from 10 am to 7 pm.
The withdrawal of the orders must be made in the next 60 days the payment. Beyond this deadline, storage fees are due, these fees being at present 1€ a day by order.
As regards the ideal offers, it is specified that the available stock is not guaranteed anymore at the end of 60 days as from the end of the offer. Lots will be delivered by the buyer himself or by a third party designated by the buyer. This person must come with a power of attorney and a copy of the buyer’s I.D.

Return of the Parcel
In case of return of the parcel for a problem of wrong adress, the costs of the new shipment are chargeable to the customer.
the Customer Service Department informs as soon as possible the customer of the problem and asks him for a confirmation of his address.
In the absence of answer at the request of the Customer Service Department, and when the deadline exceeds 18 months, the order will be resold and its availability will not be guaranteed anymore.
Besides iDealwine can deduct from the refund of the customer the expenses corresponding to the storage (1€/day by order) and a fixed fee of 25€


XI - Liability


When transmitting winning pre-bid orders and bidding in live auctions, iDealwine bids on behalf of the bidder. In this regard, iDealwine’s responsibilities are limited to that of facilitator vis-à-vis the bidder. In particular, in the case of a tie (two simultaneous bids for the same price), iDealwine cannot be held liable if a lot is won in the auction hall by someone other than the person who initially placed the order.

Further, iDealwine makes every effort to keep its pre-bidding and live bidding and on-line bidding services up and running. However, iDealwine cannot be held liable if, due to technical difficulties, the system does not allow a bidder to place a bid in an auction. If, due to technical difficulties, iDealwine is not able to send live orders to the auction hall, iDealwine will inform everybody registered for that auction as quickly as possible.

All requests regarding the conformity of products shall be done upon receipt of the shipment to iDealwine’s Customer Service Department. If there is a problem regarding the conformity of a product or deterioration or unexpected damage during transport, iDealwine may only be held liable for an amount not exceeding the hammer price, sales fees and shipping fees for the given product.


XII - Force majeure


iDealwine may not be held liable for any default in its contractual obligations due to a force majeure or fortuitous event, including, but not limited to, natural disasters, fires, internal or external strikes, internal or external failures and in general, any event that does not permit services to be successfully carried out.


XIII - Statutory Endorsements


Minors: in accordance with ordinance no 59-107, dated January 7, 1959 and with law no 74-631, dated July 5, 1974, it is illegal to sell alcohol to minors under 16 years of age. Anybody placing a purchase order therefore agrees to be at least 16 years old on the date they place the order. Alcohol abuse: abusing alcohol is harmful to your health. Please be careful and drink in moderation.
The French law for Computers and Freedoms, law 78-17, dated January 1978, grants you access and correction rights to your own personal data. You can exercise this right by directly accessing your personal account online with your user ID and password. You can also contact iDealwine.com, SA, at 190 rue d’Estienne d’Orves 92700 Colombes.
The information you provide about yourself is for iDealwine’s use. However, we may forward it to our business partners. You have the right to deny this transmission by informing us upon your registration.


XIV - Applicable Law – Granting Jurisdiction


Any contracts signed between a principal and iDealwine under the terms of the general service terms herein will be established and interpreted in accordance with French law. The parties agree to take any dispute or litigation before the Commercial Court of Nanterre –France that may arise between them regarding the validity, interpretation or execution of the present contract.


XV - Customer Service


Users of iDealwine’s services may contact the Customer Service Department regarding any questions or to receive information:
Tel : 33 (0) 1 56 05 86 10
Fax : 33 (0) 1 56 05 86 11
Email : info@idealwine.com
Address : iDealwine.com S.A.
Service Clientèle 190, rue d'Estienne d'Orves 92700 COLOMBES, FRANCE