General terms of service

This section explains the general terms of service of iDealwine. Before bidding or buying on a lot (at auction or in a fixed price sale), kindly read and agree to all general terms.

Last Change: 02/08/2019

- Name: IDEALWINE.COM
- Registered Office: 190, rue d'Estienne d'Orves – 92700 COLOMBES - FRANCE
- Registered Number: NANTERRE B 431 661 628
- Tel: + 33 1 56 05 86 10
- Fax: + 33 1 56 05 86 11
- E-mail: info@idealwine.com
- CEO: Cyrille JOMAND
- Legal Statuts: SA à conseil d'administration
- Capital: € 502 200
- European VAT number: FR73 431 661 628

This website is hosted by ASP SOURCING

Maximum Bid

The maximum bid is the highest price that you are willing to pay for the lot. The seller and other bidders cannot see your maximum bid. If you set a maximum bid on a wine, your bid will be automatically readjusted every time another bid is placed on the same lot. This will occur until somebody's bid reaches your maximum bid limit. The system places bids on your behalf using the automatic bid increment amount. If another bidder places a higher bid, we will notify you of it in order for you to be able to place another bid if you so desire. Your maximum bid is kept confidential until it is exceeded by another bidder.
Example: imagine that the current bid is €50, if you bid for €70, after confirmation of your bid, the best bid shown will be yours at €60. If another member places a bid at €60, their bid will not be validated and the system will automatically bid for you at €60 and so forth until the maximum price you specified is overtaken (at least €70).

Auctions

Internet-only auctions are conducted electronically by iDealwine subsidiary: International Wine Auction Company (IWA) LLC with licence number 2012-027.
You can find these types of sales in iDealwine's online catalogues under the name "Auction".

Fixed-Price Sales

These sales are organized by iDealwine on its electronic platform, without bidding. They are identified by the term "Fixed-Price Sales".

iDealwine is a platform specialized in intermediation and information about wine.

Auctions

During Auctions, iDealwine acts as the technical service provider for its subsidiary: International Wine Auction Company LLC (IWA), providing it with an electronic platform to conduct public auctions online.

Fixed-Price Sales

iDealwine puts on sale on its electronic platform for a limited time and under privileged conditions, one or more references coming from a specific producer, a particular wine trade company or belonging to iDealwine company. In Fixed-Price Sales, lots have a pre-determined price given by the seller.

Registration is required prior to participating in any auction through iDealwine.

In order to take part in an auction or a sale through iDealwine, the following requirements must be met:

  • The bidder must be 18 years or older and fulfil the legal requirements of the country, selected upon subscription.
  • The bidder must have the legal capacity required to consent to such an agreement, or have the authorization of a parent or legal guardian.
  • The bidder must comply with all terms herein.

When registering, clients are asked to provide their first and last name, mailing address and email address. This information is submitted to iDealwine in order to be able to process your bids but iDealwine may, for strictly commercial purposes, forward this information to its partners. Clients may, however, deny iDealwine this privilege by informing iDealwine while registering. 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.
Please note that when registering, your delivery address must be within iDealwine's shipping area scope in order to receive delivery.

Auctions

The starting bid, the price estimate and the time period for placing bids are indicated in the lots' description. The bidder can start with a bid 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 bidding period, the highest bidder is declared the winner and will receive a confirmation email from iDealwine. For further information about Auctions, see point IX: Particular Conditions Applying to Auctions.

Fixed-Price Sales

The purchase price of the lots as well as the duration of sale are indicated in the description of the lots. The lot is sold to the first client having placed their buying order. As soon as a buying order is recorded, the status of the lot indicated on the descriptive page changes from "available" to "sold", and no other purchase order can be recorded for this lot. The buyer receives a confirmation email of his or her purchase once the order has been finalised. At the end of the sale, the buyer receives an email with an order number and a link to proceed to payment.

Auctions

Placing 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 outbidded on the website. iDealwine reserves the right to cancel an order or request a security deposit if it feels an order is exceptionally high. Pursuant to the provisions of article L.221-28 of the French Code of Consumption, the orders resulting from these types of sales are definitive and cannot be cancelled.

Fixed-Price Sales

Pursuant to the provisions of the article L.221-28 of the French Code of Consumption, Fixed-Price Sales orders have a fourteen day right of cancellation. Indeed, the buyer has a fourteen day deadline from the delivery of his order to return the delivered article(s). To be granted any refund, the buyer will have to inform iDealwine customer service in writing (email, mail or fax) before sending back the goods: iDealwine – 190, rue d'Estienne d'Orves – 92700 Colombes - France – info@idealwine.com – fax + 33 1 56 05 86 11. The buyer can use the withdrawal form.

In case of cancellation, iDealwine will refund the costs related to the order, including shipping fees, within 14 days since the day the company would have been informed about the cancellation of the order by the buyer. iDealwine will proceed the refund using the same payment methods than the one used for the initial transaction, unless the buyer expressively requests another payment method. In any case, no cost related to this payment will be charged to the client.

iDealwine will differ the refund until the company will receive the goods. The deadline is considered respected only if the buyer has sent the goods no later than fourteen days from the communication of the order cancellation to iDealwine. The clients is responsible for any depreciation of the goods resulting from a handling different than what is considered necessary to verify an order or resulting from a bad storage.

A - Auctions

In addition to the final price, bidders will be chargerd a buyer's premium and shipping fees. The buyer's premium added to the bid is:

  • 21.6% VAT included (18% ex-VAT)

For Online Auctions, the buyer's premium is paid to iDealwine subsidiary: International Wine Auction (IWA) organizer of the auction and is included in the final price (it corresponds to the hammer price).

B - Fixed-Price Sale

Prices indicated in the Fixed-Price Sales (except typo errors) are all inclusive of tax, 20% French V.A.T. and exclude shipping costs. There is no buyer's premium to add to the indicated price. The orders are only considered valid once payment from the buyer has been received.

Date of Payment

Regardless of the country of origin of the bidder, the reference currency is the euro. Payment is due once the lot is awarded; any outstanding payment after 12 days will accrue interest at a rate equal to one and a half times the legal and most current interest rate referenced in France at the time. In addition, storage fees will be accrued at a rate of €0.035 per bottle and per day, taking effect on the 31st day following the date of the order confirmation.
If purchases are not been paid for within 12 days of the order confirmation, iDealwine is be entitled to proceed to the automatic and direct debit of the amount owed from the bank account used when registering.
In case of non-payment, a fee of 10% of the total amount of the order and a €75 fixed fee will be charged. iDealwine reserves the right to pursue any legal challenges against the faulty buyer to recover any unduly paid amounts, interests, legal fees and any other costs and damages incurred.

Methods of Payment

We accept payment by card (both French and non-French cards).
In accordance with current regulations, cash payments are only possible for orders of €1,000 or less.
We do not accept cheques.
For all payments by bank transfer the bank details are:

France:
IBAN : FR76 3000 3030 1000 0201 3753 951
Swift : SOGEFRPP

Hong Kong:
Account number: 848 540407 838
Name: iDealwine.com
Swift: HSBCHKHHHKH
Bank: HSBC Hong Kong
Bank address: 1 Queen's Road Central, Hong Kong

Nota Bene

Non-Resident Customers
iDealwine non-French residents are informed that local taxes, customs and excise duties are not included in the price indicated on iDealwine. In accordance with the current laws, taxes and duties of their country of delivery, clients will receive invoices from iDealwine or local authorities to clear and pay them. To learn more about these fees, clients can contact iDealwine's Customer Service Department.

In case of lots sold by people who are not required to pay value-added tax (V.A.T.), the V.A.T. only applies buyer's premium collected by the auctioneer (IWA) in the case of auctions and by iDealwine in case of fixed-price sales (as per the market system)..

Therefore, professional buyers cannot collect the V.A.T., and this tax cannot be included on the invoice issued by iDealwine. Some lots are auctioned by dealers that are required to pay V.A.T. In this case, the common system is applicable, and professional buyers are able to collect V.A.T. Whether it is refundable or not refundable V.A.T. it is specifically indicated in the lot's description on the website and on the invoice.

Non-Resident Clients

iDealwine non-French residents are informed that customs and excise duties are not included in the buyer's premium. In some circumstances, clients can ask to receive invoices in accordance with the current laws, taxes and duties of their country of delivery. To learn more about these fees, clients can contact iDealwine's Customer Service Department.

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 auctions, bidders must register as members on the iDealwine website, accept the general terms herein, and provide personal information as well as credit card details. The information provided to iDealwine is forwarded to its subsidiary, International Wine Auction LLC (IWA), in charge of organizing the auction. IWA reserves the right to refuse a bid for just cause, particularly due to an insufficient security deposit and, therefore, may require an additional security deposit before accepting the bid.

Lot Descriptions and Guarantees

The auction organizer is legally bound by lot descriptions. Buyers who wish to receive additional information may contact iDealwine. Lots described in the catalogue will be presented on the website during the auction.

IWA guarantees that the wines will be authentic and will conform to their published descriptions. However, information provided regarding wine levels, status of corks, capsules and labels are only indicative. IWA cannot guarantee the conditions of the cork. The information on bottle, back and neck labels and corks only serve to identify the product and ,therefore, IWA cannot be at any time held responsible for it. Tasting characteristics for wines purchased in auctions cannot be guaranteed.

Auction Procedures

The Starting bid for lots, estimate, and bidding period are indicated in the descriptopn of the auctioned lot. Bidders can place bids 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 bidding period of the sale, the highest bidder will receive an email informing them of the bidding results. IWA will then begin authenticating auction results and drafting the formal sales record. The buyer will then receive an email informing them that they have won the lot.

Public Auction Fees and Payment

In addition to the bid amount, buyers will also pay public auction fees added by IWA,to auction organizer : 18% ex-V.A.T. or 21.6% V.A.T. included in the hammer price. After the auction, all lots won by the same bidder are included in one invoice/order (bill of sale) and are payable to IWA, the auction organizer. Buyers will receive an email informing them of their order reference information. Depending on the payment method selected during registration, buyers will need to pay either by credit card on iDealwine's website or by wire transfer to the order of IWA.

Shipping and Delivery of Lots

Lots cannot be delivered until payment is fully received. Lots can only be removed from the auction room upon presentation of the receipt of sale by IWA stating "paid". Buyers can use iDealwine's shipping services or they can pick up their lots directly from iDealwine's warehouse (see paragraph XII – Delivery and collection).

Liability

IWA, the auction organizer and its technical service provider, iDealwine, make every effort to keep their auctions continually up and running. However, they cannot be responsible for technical difficulties. If the system does not allow bidders to place bids or if the system is not operational due to technical difficulties, iDealwine will inform everyone participating in the auction as quickly as possible.

Auction House / Auctioneer: International Wine Auction (IWA)

The voluntary sales operator refers to the company authorized to operate a public auction in accordance with the relevant statutory provisions, in particular the “loi 2011-855 du 20 juillet 2011”.

The seller refers to the person who wishes to sell in the context of an auction or of a fixed-price sale organized by iDealwine and who, for these purposes, stores his wines at iDealwine’s warehouses or entrusts a carrier to do so.

In the context of an online auction, iDealwine provides licensed voluntary sales operators with a secured online platform, allowing them to perform public auctions by proxy. As such, iDealwine acts as a technical provider for voluntary sales operators. The statutory provisions L.321-1 to L.321-17 of the code of commerce regarding voluntary sales at public auction apply to auctions on the www.idealwine.com site

The signatories of the present deposit certificate agree to be bound by the general terms and conditions listed below:

A – Contractual relationships between the seller, iDealwine, and the voluntary sales operating company.

The signatory seller of the present deposit certificate grants iDealwine the right to store and asses the deposited wines in view of auctions. iDealwine does not organize auction sales but makes its internet platform available to a licensed voluntary sales operator in order to organize online auction sales. Before the beginning of the auction sale, the seller receives from the voluntary sales operating company a selling mandate called “sale requisition”. This mandate draws up lists of lots for sale with their description, their estimated prices, and their reserve price. For fixed-price sales, the deposit certificate constitutes a sales mandate. The seller expressly confers on iDealwine the right to advertise and/or photograph and reproduce, to engage any arrangement fees, handling, storage and shipping charges judged necessary and accepts that iDealwine may be represented by any experts or specialists of its choosing.

B – Ownership of stored property

Sellers guarantee iDealwine and, when appropriate, the voluntary sales operating company, that as the uncontested owner of the property or as regular mandatory of the uncontested owner, he/she can validly deposit and transfer the property rights of the property offered for sale. He/she guarantees that the property offered for sale is in compliance with all French and European legal and regulatory provisions, especially those relating to custom regulations and tax provisions. He/she must guarantee that he/she has submitted to iDealwine all the information relative to the origin and authenticity of the property offered for sale. When depositing wine, a proof of identity is required. A copy of the I.D. will be retained by iDealwine. The person depositing the wine must provide a written authorization and a copy of the seller’s I.D., if the owner mandates him or her to do so.

C – Estimation/reserve price

Wine deposited for online auctioning will undergo a pre-sale assessment that will set the low and high estimates. The Reserve price is the minimum Hammer Price at which the seller has agreed to sell a lot; it cannot be higher than the low estimate. The seller can specifically ask for his property to be auctioned with no reserve price (the reserve price will be of €1); in this case no reclamation from the seller will be accepted if his property is sold at a price below the low presale estimate published. For fixed price sales, the selling price is set by an agreement between the seller and iDealwine and appears on the deposit certificate (low and high estimates are equivalent).

D – Bottle assessment

After deposit or shipment, iDealwine’s experts appraise wines. If necessary, iDealwine may call up an external expert, acting under iDealwine’s responsibility. The descriptive elements such as the state of the labels, the measure of the fill level, the condition of the capsule, the bottling origin (merchant bottling, chateau bottling, reconditioned bottles, etc.) are determined during the evaluation. IDealwine reserves the right to undertake all the necessary verifications to ascertain the wine’s authenticity and, if necessary, withdraw it from the sale. iDealwine may be obligated to remove from sale all bottle considered unsuitable for sale or consumption due to their condition (bottles with a level way below low shoulder, wine seepage past the cork, depigmentation, etc.). During assessment, if the level is deemed abnormally low for the vintage, the lot’s reserve price will be lowered by 5 to 20% of its estimate.

Cork resistance is systematically tested for vintages prior to the year 2000. Every bottle that has a depreciated or falling cork will be removed from sale. iDealwine is exempted of all liability if corks do fall during the evaluation. It is the responsibility of iDealwine’s expert to divide the property into lots, unless the seller has previously formulated a specific request prior to the deposit or shipment of his wines. The existence of an original wooden case is only mentioned in the sales catalogue when lower estimate of the lot is worth more than a €1,000.

When bottles are judged unsuitable for sale (see above), sellers are notified. They have to collect their bottles or have them shipped – when possible – at their own expanse within a period of 45 days. After this delay, they agree for their bottles to be destroyed.

E – Sales process

Auction sales are held online under the supervision of a licensed voluntary sale operator whose contact details are provided on the “sale requisition” signed by the seller. As acting technical provider, iDealwine grants sellers’ access to its customer service. Fixed-price sales are held online under the supervision of iDealwine.

F – Sale results

Sale results are emailed to sellers, within 48 hours of the sale’s closing date. Unsold wines are automatically reoffered for sale, unless the seller decides otherwise. The seller can choose to lower the reserve price or the sale price if he/she is selling wine through the fixed price sale or request his/her unsold wines to be returned (see related delivery charges and conditions). If the wines are unsold after three consecutive auctions, their reserve price will automatically be reduced by 5%.

G – Sales commission – miscellaneous costs

The voluntary sales operator’s commission fee is 13% (pre-tax) or 15.6% (inclusive of tax) of the Hammer Price. The same commission fee is retained by iDealwine on fixed-price sales. Additional transport charges may apply. Advertisement and catalogue fees are not charged. Storage is free during the first 6 months following the deposit. After 6 months, storage fees of 1 Euro (inclusive of tax) per month per bottle will be charged.

Unsold bottles can be collected by their owner at iDealwine’s warehouse by appointment or if necessary, a shipping quote can be arranged.

H – Payment to seller

Payment is made by the voluntary sales operator for online auction sales and by iDealwine for fixed-price sales, either by cheque or bank transfer, within 35 days following the sale closing date.

I - Insurance

iDealwine is insured against the risks associated with wine shipping, handling, and conservation, on the basis of the wine’s estimated value. Therefore, if a bottle is broken by iDealwine during its transportation or its storage, the seller will be reimbursed within 30 days, on the basis of the median estimate.

J – Allocation of jurisdiction

All contracts between a seller, iDealwine and the voluntary sales operator, qualified to operate public auctions in which the seller’s wines are sold, in these general terms and conditions, will be governed by and construed in accordance with French law. The parties agree to submit to the Commercial Court of Nanterre any dispute or litigation which may arise over the validity, the interpretation or of the application of the present contract.

iDealwine guarantees product compliance with their descriptions made on its website.

However, bidders must be aware that vintages on spirits are given for information only.

Information provided regarding wine levels and the condition or absence of capsules and labels are only indicative. IDealwine cannot guarantee the state/condition of corks. Information on labels and back labels serve simply to identify the product and, therefore, iDealwine cannot at any time be responsible for it. Tasting characteristics for purchased wines through iDealwine services cannot be guaranteed by iDealwine.

Furthermore, iDealwine makes every effort to keep its online 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.

All requests regarding the conformity of products shall be made 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 shipment, iDealwine may only be responsible for an amount not exceeding the hammer price sales fees and shipping fees for the given product. IDealwine is not responsible for misprints on prices or descriptions on its website or emails.

iDealwine shall not be responsible 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 black-outs and in general, any event that does not permit services to be successfully carried out.

Minors

In accordance with French ordinance n° 2009-879, dated 21st July 2009, it is illegal to sell alcohol to minors. Anybody placing a purchase bid therefore agrees to be at least 18 years old on the date they place the order and comply with the laws of the country of delivery of the wines.

Under the law of Hong Kong, intoxicating liquor must not be sold or supplied to a minor in the course of business.

Alcohol abuse is detrimental to your health. Please be careful and drink in moderation.

(The) French Law for Data Protection and Liberties

The iDealwine registered customers database has been deposited at the National Commission for Data Protection and Liberties (CNIL) under the document number 1356848.
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. In addition, you can contact our Customer Service Department at info@idealwine.com or by mail to iDealwine, 190 rue d'Estienne d'Orves 92700 Colombes.
All personal information provided is for iDealwine's use only. However, it may be shared for functional reasons only with its subsidiary IWA. You have the right to prohibit the sharing of information by notifying us during your registration. You have the right to deny this transmission by informing us during your registration.

Brand and Domain Name

The iDealwine brand and domain names idealwine.com and idealwine.fr are trademarked by iDealwine and are thus protected by the French Intellectual Property Code and by the rules governing competition.

iDealwine is concerned with data protection and is committed to ensuring the best level of data protection in accordance with the French Data Protection Act and the General Data Protection Regulation (GDPR) (rule 2016/679 of the 27th April 2016). Please consult our page dedicated to data protection.

Patents and Copyrights

The name, conception, layout, visual identity, software developments, pages source codes, content, comments and original illustrations of idealwine.com and idealwine.fr are the exclusive property of iDealwine.

Electronic copies of some pages of the website or paper printing is only authorized by iDealwine for private use. Any other use could constitute an infringement sanctioned by law.

Data Base

iDealwine offers its customers access to a comprehensive database and wine quotations that constitute an electronic database within the meaning of article 98-536, dated 1st July 1998.
As such, iDealwine benefits from all copyright on this database and thus the exclusive right to use this asset.
In accordance with the second paragraph of Article L. 122-5 of the Intellectual Property Code, any copies or duplicate of this database and, in particular, product notes as well as actual and historic quotations, should always be subject to formal approval by iDealwine whatever the use intended.

In connection with database producers' rights (articles L. 341-1 and seq. of the Intellectual Property Code), iDealwine benefits from database content protection, prohibiting any copies or use of a substantial part of the database including in particular, yet not exclusively, the actual quotations, historic quotations, wine notes and comments in the database.

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

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