Website and Mobile App Terms of Use

Effective Date: 8/17/2020
Last Revised:

Acker, Merrall & Condit Company and its affiliates, including, without limitation, Acker Auction, Inc., Acker, Merrall & Condit (Asia) Ltd, Acker London Ltd., Acker Auction DE, LLC and The Wine Workshop LLC (collectively, “Acker”, “we”, “us” or “our”), on and through ackerwines.com (the “Website”) and our mobile application (including any updates or upgrades to the application software and any related documentation) (collectively with the Website, the “Digital Platforms”), advertises, promotes, sells and auctions wine, spirits and other alcoholic beverages, and related products (collectively, “Products”) and provides other features, information, and news related to Products in a variety of media (collectively with Products, the “Products & Services”).

By accessing and using the Digital Platforms and/or using or purchasing our Products & Services, you are agreeing to be bound by these Website and Mobile App Terms of Use (the “Website and Mobile App Terms of Use” or “Terms”) without modification, limitation or qualification.  Please read them carefully.  Please also note that we may, in our sole discretion, modify or revise these Terms at any time by updating the text of this page, and you will be bound by any such modification or revision from that point forward.  You should therefore visit this page periodically to review the Terms.  Your continued access, use, browsing or purchasing via our Digital Platforms following the posting of changes to the Terms means that you accept those modifications or revisions. We will take appropriate measures to inform you of material changes to the Terms, consistent with the significance of the changes we make, including by email or by notification on our Digital Platforms.  If you do not agree with the changes, you should notify us and immediately stop using the Digital Platforms.  You can see when these Terms have been last updated by checking the “Last Revised” date displayed on the top of these Terms.

We often make Products & Services available to you through the Digital Platforms and when we do additional terms and conditions may apply.  Such additional terms will be presented to you at the time of digital access to the applicable Products & Services.  Those additional terms are hereby incorporated by reference into these Terms and become part of your agreement with us if you use, download or purchase those Products & Services (as applicable).  In the event of a conflict between these Terms and those additional terms, the latter will control.  For the avoidance of doubt, and merely by way of example, your purchase of non-auction wine, spirits and other alcoholic beverages through the Website will be subject to our Retail Conditions of Sale and your participation in any Acker auction (including by bidding using the Digital Platforms) will be subject to the Conditions of Sale applicable to the relevant auction, found here.

1.	USING OUR WEBSITE.
The Digital Platforms allow for browsing and online shopping of and access to our Products & Services (including retail purchases and placing bids at our live and online auctions).  They also provide news and valuable information about our Products & Services, including, without limitation, data, articles, publications, videos, products, graphics, photographs, video, sound, audio clips, digital downloads, text, images, icons, coding, scripts, software, pictures and other material (collectively, “Content” or “Contents”).  The Contents of the Digital Platforms are owned and controlled by Acker or by third parties that have licensed their Content to us.

Warning:  Our Products & Services relate to the advertisement and promotion, sale and auction of wine, spirits and other alcoholic beverages.  By accessing, using, browsing or purchasing Products & Services on the Digital Platforms, you represent that you are at least 21 years of age.  You further represent that upon purchasing Products via the Digital Platforms, you will ensure that the shipment and delivery of your purchase is received by a person at least 21 years of age.

2.	LIMITED LICENSE.
	Subject to the restrictions and limitations set forth in these Terms, we grant you a limited, non-exclusive license to access and use the Digital Platforms for your own personal internal use.  You are permitted to download no more than single copies or prints of the Contents for your personal and non-commercial use, or in the case of dealers, to display to your clients solely for purposes of facilitating a transaction with us.

3.	PROHIBITIONS ON USE.
You must obtain our prior written consent for any other reproduction of the Contents of the Digital Platforms or any portion thereof.  The following activities are also expressly prohibited without Acker’s prior written permission:

•	any non-personal or commercial use;

•	use of any robot, spider, other automatic device or manual process to monitor or copy the Digital Platforms or any of the Contents;

•	“mirroring” the Digital Platforms or any Content on any other server;

•	modifying, adapting, editing, creating derivative works from, transferring, selling, licensing, renting or otherwise exploiting or making commercial use of the Digital Platforms or any element thereof (including any Content, software code, data or materials used in or available on the Digital Platforms);

•	collection or use of product listings, descriptions or prices for a supplier of competitive or comparable products;

•	any action that imposes an unreasonable or disproportionately large load on the Digital Platforms or otherwise interferes with their functioning;

•	the input or upload of any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any Acker system, including the Digital Platforms;

•	deleting or altering any copyright, trademark or other proprietary rights notices from copies of materials from the Digital Platforms;

•	attacking the Digital Platforms via a denial-of-service attack or a distributed denial-of-service attack;

•	exploiting or harming minors (or attempting to do so) in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

•	procuring the sending of any advertising or promotional material (without our prior written consent), including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; and

•	reverse engineering, decompiling, decrypting, disassembling or converting into human readable form, the Digital Platforms or any element thereof (including any Content, software, code, data or materials used in or available on the Digital Platforms).

You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Acker, without our prior written consent.  You may not use any meta tags or any other “hidden text” utilizing Acker’s name or trademarks without our prior written consent.

In addition to the use specified herein, the Terms herein apply to any other software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with our Products & Services (the “Acker Software”) and terms of the software license agreement accompanying such Acker Software (the “License Agreement”), and is further conditioned on your agreement to be bound by the terms of the License Agreement.

4.	PRIVACY.
We consider the privacy and protection of our customers’ personal data and personal information to be paramount.  Our Privacy Policy (for US residents, found here; and for European Economic Area and other non-US residents, found here), provides further information regarding our practices and policies in relation to personal data and personal information.

Unless otherwise explicitly stated herein, any non-personal information or material sent to Acker will be deemed NOT to be confidential.  By sending Acker any non-personal information or material, you grant Acker an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such materials or information, and you also agree that Acker is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.  However, Acker will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are authorized or required to do so by law.

5.	YOUR ACCOUNT.
To shop, place orders, place bids at our live or online auctions, or otherwise use the Products & Services on our Digital Platforms, you may be required to open an online account and/or provide certain personalized information to us (collectively, “User Information”).  You agree that you are solely responsible for the accuracy and content of your User Information, and you agree to keep it up to date.  It is your sole responsibility to maintain the confidentiality of your account, password, digital signature and User Information, and for restricting access to your computer and other mobile devices.  You are hereby advised to ensure that minors, children and persons under the age of 21 do not use your account and User Information to purchase our Products & Services or otherwise use any of our Digital Platforms’ functionality related to Products.  You hereby agree to accept full responsibility for all activities that occur under your account or password.

6.	CHILDREN’S ONLINE PRIVACY PROTECTION.
We will not knowingly collect personally identifiable information from any person that is actually known to us to be a child under the age of 16.  IF YOU ARE UNDER 16 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE DIGITAL PLATFORMS AT ANY TIME OR IN ANY MANNER.

7.	INTELLECTUAL PROPERTY.
As between you and Acker, Acker solely and exclusively owns all right title and interest in and to the Digital Platforms and all elements thereof, including all the Content, software, code, data, and materials used therein or available thereon, the look, feel and design of the Digital Platforms, the compilation of the Content, code, data and materials in the Digital Platforms, and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing.  Your use of the Digital Platforms does not grant to you any right, title or interest in any element thereof, and Acker (and/or our applicable licensors and partners) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto.

(a)	Copyright Notice.
All Acker Software and the compilation of all Content on the Digital Platforms is the exclusive property of Acker and is protected by United States and international copyright laws.  All Rights Reserved.
(b)	Trademark Notice.
All marks on our Digital Platforms are registered trademarks of Acker in the United States and other jurisdictions.  Ackerwines.com and its related graphics, logos, page headers, button icons, scripts, and product and service names included in or made available through the Products & Services, are trademarks or trade dress of Acker in the United States and other jurisdictions.  Acker’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Acker.  All other trademarks not owned by Acker that appear on the Digital Platforms are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Acker.
(c)	Copyright & Trademark Complaints Notice.

We respect the intellectual property rights of others, and require all users of our Digital Platforms and Products & Services to respect ours as well.  If you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please report your alleged infringement as soon as possible, to complaints@ackerwines.com.

8.	DISCLAIMERS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE DIGITIAL PLATFORMS IS AT YOUR SOLE RISK, AND THE DIGITAL PLATFORMS AND ALL SERVICES, CONTENT (INCLUDING ACKER SOFTWARE OR ANY OTHER SOFTWARE), FUNCTIONS, MATERIALS AND PRODUCTS & SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIGITAL PLATFORMS (COLLECTIVELY, “MATERIALS”) ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THEIR OPERATION OR THE INFORMATION CONTAINED THEREIN, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULLEST EXTENT PERMITTED BY LAW, ACKER AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES, AGENTS, ASSIGNS, CONTENT PROVIDERS, SERVICE PROVDERS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “ACKER RELATED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ACKER RELATED PARTIES DO NOT WARRANT THAT THE MATERIALS, THE ACKER RELATED PARTIES’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE ACKER RELATED PARTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.	LIMITATION OF LIABILITY.
IF YOU OR ANY THIRD PARTY ARE DISSATISFIED WITH ANY PORTION OF THE DIGITAL PLATFORMS, OR WITH ANY PROVISION OF THE LICENSE AGREEMENT OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DIGITAL PLATFORMS AND PRODUCTS & SERVICES.  UNDER NO CIRCUMSTANCES SHALL ANY OF THE ACKER RELATED PARTIES BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER'S USE OF THE DIGITAL PLATFORMS.  IN NO EVENT SHALL ANY OF THE ACKER RELATED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DIGITAL PLATFORMS, THE DELAY OR INABILITY TO USE THE DIGITAL PLATFORMS, THE PROVISION OF OR FAILURE TO PROVIDE THE MATERIALS, OR THE CONTENT CONTAINED WITHIN THE MATERIALS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND EVEN IF THE ACKER RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE ACKER RELATED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONARISING FROM THESE TERMS OR YOUR USE OF THE MATERIALS EXCEED, IN THE AGGREGATE, FIFTY UNITED STATES DOLLARS ($50.00) REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED,.

10.	NOTICE REGARDING ENFORCEABILITY OF CERTAIN DISCLAIMERS AND LIMITATIONS OF LIABILTY.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND/OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS PROVIDED FOR HEREIN (INCLUDING IN SECTION 8 AND SECTION 9 ABOVE) MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11.	PRODUCT DESCRIPTION AND TYPOGRAPHICAL ERRORS.
We attempt to be as accurate as possible.  However, except for the general product description for each item, Acker makes no representation or warranties that product descriptions contained on the Digital Platforms are accurate, complete, reliable, current or error-free.  As relates to the sale of wine, spirits and other alcoholic beverages, please refer to our Retail Conditions of Sale and relevant auction Conditions of Sale, as applicable, for information about our sale and auction policies.

12.	ORDER ACCEPTANCE POLICY.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  We reserve the right at any time after receipt of your order to accept or decline your order for any reason.  We do not accept credit card payment for orders placed over fifteen thousand United States Dollars ($15,000.00).  We may in our sole discretion require additional verification or information before accepting any order.

13.	LINKS.

(a)	Linking to the Digital Platforms.
You agree that if you include a link from any other website to the Digital Platforms, such link shall: (i) not contain information or be as of a kind to portray Acker in a false, misleading, derogatory or otherwise offensive manner; (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Website (where it is a link to the Website).  You are not permitted to link directly to any image hosted on the Digital Platforms or our Products & Services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website.  You agree not to download or use images hosted on the Digital Platforms on another website or platform, for any purpose, including, without limitation, posting such images on another site.  You agree not to link from any other website to the Digital Platforms in any manner such that the Digital Platforms, or any page of either of the Digital Platforms, is “framed,” surrounded, or obfuscated by any third party content, materials or branding.  We reserve all of our rights under the law to insist that any link to the Digital Platforms be discontinued or removed, and to revoke your right to link to the Digital Platforms from any other platform at any time upon written notice to you.  To find out more information about our linking policies, or to seek our permission, you may e-mail linking@ackerwines.com.
(b)	Links to Other Websites.
You may be able to link from the Digital Platforms to third party websites or platforms, and third party websites or platforms may link to the Digital Platforms ("Linked Sites").  You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by Acker.  Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.  Any reliance on the contents of a third party website or platform is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.  Under no circumstances shall any of the Acker Related Parties be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site.  You should direct any concerns to that other site’s administrator or webmaster.

14.	ELECTRONIC COMMUNICATIONS.
When you access our Digital Platforms, use or purchase any of our Products & Services or send e-mails to us, you are communicating with us electronically.  In so doing, you consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on the Digital Platforms.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15.	INDEMNIFICATION.
To the fullest extent permitted by law, you agree to indemnify, defend and hold each of the Acker Related Parties harmless from and against any and all losses, damages, demands, claims, suits, judgments, costs, expenses, or other liability of any kind (including reasonable legal, accounting and expert fees, and expenses) relating to, arising from, or resulting from your use of the Contents (including Acker Software) of the Digital Platforms, including your violation of law or the rights of any third party thereto, or your actual, threatened or alleged direct or indirect breach of any of these Terms.  You further agree to advance each of the Acker Related Parties, upon demand, all costs and expenses (including reasonable legal, accounting and expert fees, and expenses) as they are incurred by such Acker Related Parties (as applicable) in connection with any matter covered by the indemnification provisions of this Section 15.

16.	EXPORT CONTROL OF SOFTWARE AND TECHNICAL DATA.
The following applies with respect to Acker Software and other Content of a technical nature that you may obtain from the Digital Platforms (other requirements set forth in these Terms and certain additional terms and conditions may apply with respect to items offered for sale, purchased or sold): The United States controls the export of such intellectual property.  You agree to comply with such restrictions and not to export or re-export the Content (including Acker Software) to countries or persons prohibited under the export control laws of the United States.  By downloading the Content (including Acker Software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the United States Commerce Department’s Table of Denial Orders or the United States Treasury Department’s list of Specially Designated Nationals.  You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Acker Software and/or other Content.

17.	LOCAL STANDARDS.
We do not represent that materials on the Digital Platforms are appropriate for use in all locations.  Persons who choose to access the Digital Platforms do so of their own initiative, and are responsible for compliance with any applicable local laws.

18.	NO WAIVER.
Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under these Terms shall not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.

19.	SEVERABILITY.
Should any part of these Terms be rendered or declared invalid by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms shall remain in full force and effect.

20.	THIRD PARTY BENEFICIARIES.
Nothing in these Terms shall be construed to give any rights to any third parties to enforce the terms hereof, except that each of the Acker Related Parties (other than Acker) shall be an express third party beneficiary of, and entitled to enforce, the protections and rights bestowed upon such entity or person herein.

21.	GOVERNING LAW AND FORUM SELECTION.
These Website and Mobile App Terms of Use (including your and Acker’s respective rights and obligations hereunder and your use of the Digital Platforms) shall be governed by the laws of the State of New York without regard to the conflicts of laws principles thereof.  For the benefit of Acker, by using the Digital Platforms you consent and agree to the exclusive jurisdiction of the state courts of the State of New York located in New York County in connection with any legal claim or action relating to, arising from, or in connection with these Terms (including your and Acker’s respective rights and obligations hereunder and your use of the Digital Platforms) and consent to personal jurisdiction in such courts.  You waive, to the maximum extent permitted by law, any objection to the laying of venue in any such court and any claim that such court would be an inconvenient forum for any action covered by this Section 21.  You agree that Acker shall retain the right to bring legal proceedings in any court other than the state courts of the State of New York located in New York County.

22.	JURY TRIAL AND CLASS ACTION WAIVERS.

YOU AND ACKER EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING FROM, RELATING TO, OR CONCERNING THESE WEBSITE AND MOBILE APP TERMS OF USE, INCLUDING THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER AND YOUR USE OF THE DIGITAL PLATFORMS.

YOU UNDERSTAND AND AGREE THAT ANY LEGAL ACTION OR PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND ACKER SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ACTION.  THIS CLASS ACTION WAIVER IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.

23.	FURTHER INQUIRIES.
Please feel free to direct any questions to us about these Terms, the Digital Platforms and our Products & Services, or any other issues, via e-mail at inquiries@ackerwines.com.






Privacy Policy (US Residents)

If you are not a resident of the United States, please click here for our Privacy Policy.

Effective Date: 8/17/2020
Last Revised Date:
Last Reviewed Date: 8/17/2020

Acker, Merrall & Condit Company and its affiliates, including, without limitation, Acker Auction, Inc., Acker, Merrall & Condit (Asia) Ltd, Acker London Ltd., Acker Auction DE, LLC and The Wine Workshop LLC (collectively, “Acker”, “we”, “us” or “our”) advertises, promotes, sells and auctions wine, spirits and other alcoholic beverages, and related products (collectively, “Products”) and provides other information and news related to Products, in a variety of media (collectively with Products, the “Products & Services”). We provide the Products & Services through a variety of methods, including, but not limited to, auctions, consignments, wine seminars, tastings and other events, and general purchases and interactions via our different social media and digital platforms (collectively, the “Offerings”).

Please note that we use CCTV video at our various premises for security reasons.  As such, your physical presence at any of our premises may result in your image being recorded and collected by Acker.

We consider the privacy of your data and information, whether corporate or personal, to be of paramount importance.  Information we gather from you as a consumer not only enables the transactions and interactions between us, but also helps us continually improve your experience with us and keep you informed of upcoming auctions, events and other services that might interest you.  This document constitutes a notice (the “Policy”) from Acker to all customers or other individuals who reside in the United States (“consumers” or “you”) regarding the collection and processing of their personal information which is provided to or collected by us, by or through any of our Offerings.

This Policy and our practices comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Policy.  The treatment of any non-personal information is addressed in our Website and Mobile App Terms of Use (found here).

1.	COLLECTION OF INFORMATION.
In the course of our in-person interactions with you, and via our website (the “Website”) and mobile application (collectively with the Website, the “Digital Platforms”), we collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (collectively, “personal information”).  In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80I). A name, signature, address, telephone number, driver’s license or state identification card number, employment, bank account number, credit card number, debit card number, or any other financial information. YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. NO
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

Personal information does not include publicly available information from government records or de-identified or aggregated consumer information.  Acker obtains the categories of personal information listed above either directly or indirectly from you.

(a)	Information Directly Collected.
The categories of information that we collect directly from you are: personal details (e.g., name, date of birth), contact details (e.g., phone number(s), email address(es), postal address), transaction information (e.g., bidding or purchase records, shipping details, information about items you purchase or wish to consign or have appraised), limited financial information (e.g., tokenized payment information in connection with your purchases, wire instructions), information about your property in our possession or storage, username and password, and identification information to enable account recovery.

We collect this information from you in person (for example, at one of our wine events, seminars or auctions) or via our Digital Platforms as further outlined herein.

(b)	Information Automatically/Indirectly Collected.
Generally:
When you visit our Website (regardless of whether you create a user profile), the following information about your visit is automatically collected by us, as it is sent by your browser when you access any webpage:

•	your computer’s or mobile device’s operating system;

•	the application or software that you used to access our Website;

•	the time you accessed our Website;

•	your browser type, language configuration, clicks and page views;

•	the terminal with which you accessed our Website; and

•	the websites you visited before accessing our Website.

The aim of this automatic collection and processing is to obtain visit statistics in order to improve our Website and your experience as a customer.  In particular, we use IP addresses to analyze trends, administer the Website and gather broad demographic information for aggregate use.  We may use “clear GIFs” (also known as “web beacons” or “pixel tags”) or similar technologies, in the Website and/or in our communications with you, to enable us to evaluate Website usage information about visitors to our Website, target campaigns, upgrade visitor information and know whether you have visited a web page or received a message.  A clear GIF is typically a one-pixel transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet thus enabling the verification of an individual’s viewing or receipt of a web page or message . A clear GIF may enable us to relate your viewing or receipt of a web page or message to other information about you, including your personal information.

We offer sign-on services that allow you to use third party login credentials to access our Website.  You may choose to provide us with access to certain personal information stored by such third party websites.  The personal information we have access to varies by website and is controlled by your privacy settings on that website and your consent.  By associating an account managed by a third party with your Acker account and authorizing Acker to have access to this information, you agree that Acker may collect, use and store information from these websites in accordance with this Policy.

Cookies:
We collect and use cookies via the Website.  A cookie is a piece of data stored on your hard drive containing information related to your visit to our Website.  We use cookies on certain of our pages to help analyze our web page flow, customize our services, content and advertising, measure promotional effectiveness and promote trust and safety.  Cookies track your movement on our Website, including what you view and your transactions and purchases.  They essentially serve to improve and personalize your experience on our Website.

A few important things you should know about our use of these technologies are that:

•	we offer certain features that are available only through the use of cookies and are therefore one of the primary ways in which we announce a new feature that was added since the last time you visited our Website;

•	we use cookies to help identify you, track information about you and maintain your signed in status;

•	most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session;

•	you are always free to decline our cookies if your browser permits, although doing so may interfere with your use of our Website or Products & Services;

•	you may encounter cookies from certain third parties, known as service providers, that we have allowed on our Website and that assist us with various aspects of our Website operations and services; and

•	you also may encounter cookies from third parties on certain pages of our Website that we do not control and have not authorized (for example, if you view a web page created by another user, there may be a cookie placed by that web page).

Google Analytics:
Please note that we use a tool called “Google Analytics”, and tools within it such as Google Tag Manager and Google Firebase Analytics, to collect information about the use of our Digital Platforms.  Google Analytics collects use information regarding how often users visit the Digital Platforms, what device they are using and what pages they visit when they do so, and what other sites they visited prior to coming to our Website.  We use the information we get from Google Analytics to improve our Digital Platforms.  Google Analytics collects only the IP address assigned to you on the date you visit our Digital Platforms, rather than your name.  Google’s ability to use and share information collected by Google Analytics about your visits to the Digital Platforms is restricted by the Google Analytics Terms of Use and the Google Privacy Policy, found here.

Disabling Cookies and Google Analytics:
Most web browsers or Flash players have functionalities that can be set to block or refuse the use of cookies on our Website.  However, refusing a cookie may, in some instances, hinder or curtail your user experience on our Website or certain areas of it.  You may disable all cookies as well as the use of Google Analytics for the Digital Platforms by selecting the “Do Not Track” option available in your user profile, as well as at the bottom of this Policy.  By visiting the Digital Platforms without disabling these functions, you accept the collection and use of cookies and of Google Analytics.

2.	USE OF PERSONAL INFORMATION.
We may use or disclose the personal information we collect for one or more of the following purposes:

•	to fulfill or meet the reason you provided the information (for example, if you share your name and contact information to request a price quote, ask a question about our Products & Services, or to register for one of our seminars or auctions, we will use that personal information to respond to your inquiry or meet your request; if you provide your personal information to purchase a product or service, we may use that information to process your payment and, depending on the product or service, facilitate delivery; we may also save your information to facilitate new product orders or process returns);

•	to provide, support, personalize, and develop our Products, & Services, as well as our Offerings;

•	to create, maintain, customize and secure your personalized account with us;

•	to process your requests, purchases, transactions and payments, and prevent transactional fraud;

•	to provide you with support and respond to your inquiries;

•	to provide you with details about upcoming auctions, events and other services that might interest you;

•	to help maintain the safety, security and integrity of our Digital Platforms and Products & Services;

•	to respond to law enforcement requests and as authorized or required by applicable law, court order, or governmental regulation; and

•	as described to you when collecting your personal information or as otherwise set forth in the CCPA.

Acker will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you with notice.

3.	SHARING OF PERSONAL INFORMATION.
Acker may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter into a contract with that service provider that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
(a)	Disclosures of Personal Information for a Business Purpose.

In the preceding twelve (12) months, Acker has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category D: Commercial information.
Category F: Internet or other similar network activity.

We share your personal information with the following categories of third parties:

•	service providers;

•	data aggregators; and

•	analytics services.

(b)	Sales of Personal Information.
We do not sell your personal information.

4.	RIGHTS REGARDING PERSONAL INFORMATION.
You have certain specific rights regarding your personal information, as outlined below.

(a)	Access and Portability Rights.
You have the right to request that Acker disclose certain information to you about our collection and use of your personal information over the past 12 months.  Once we receive and confirm your request, we will disclose to you:

•	the categories of personal information we collected about you;

•	the sources for the personal information we collected about you;

•	our business or commercial purpose for collecting or disclosing that personal information;

•	the categories of third parties with whom we share that personal information;

•	the specific pieces of personal information we collected about you; and

•	if we disclosed your personal information for a business purpose, the personal information categories that each category of recipient obtained.

(b)	Deletion Request Rights.
You have the right to request that Acker delete any of your personal information that we collected from you and retained, subject to certain exceptions.  Once we receive and confirm your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

•	complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;

•	detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;

•	debug products to identify and repair errors that impair existing intended functionality;

•	exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;

•	comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);

•	engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;

•	enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;

•	comply with a legal obligation; and

•	make other internal and lawful uses of that information that are compatible with the context in which you provided it.

(c)	Exercising Access, Data Portability, and Deletion Rights.
To exercise one or more of the rights described above in this Section 4 please submit a verifiable request to us by either:

•	calling us at 877-ACKER-47 (877-225-3747); or

•	emailing rights@ackerwines.com.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.  You may also make a request on behalf of your minor child.  You may only make a verifiable consumer request for access or data portability twice within a 12-month period.  The request must:

•	provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and

•	describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.  We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to the email address associated with that user account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We will not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

5.	REGISTRATION AND USER PROFILES.
In order to use certain features of our Digital Platforms (e.g.. placing an order, using our Website or mobile app bidding platforms or viewing information related to an account) and in order to participate in our auctions or certain other in-person events, you must register for a user profile and be granted a username and password.  Your password is PHP hash protected.  You may register for a user profile using our Digital Platforms or in person at certain Acker events such as live auctions.

If your password has been compromised for any reason, you should immediately notify Acker and change your password.  We will never request your password or other highly sensitive information via e-mail.  If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your Digital Platforms password or credit card information) via e-mail or to a website that does not seem to be affiliated with our Digital Platforms, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us.

6.	SECURITY.
We have implemented appropriate security measures in order to protect your personal information, both online and off-line.  These include firewalls, IP blacklisting, protections from brute force attacks, and other general security practices such as disabling ping-backs and track-backs.  We also utilize sophisticated third-party providers for secure server infrastructure, as well as other generally accepted physical safeguards.

7.	PROMOTIONAL CONTENT.
We offer promotional and marketing emails to keep you updated on our Offerings, including sending you Product recommendations and other non-transactional communications about us and our partners (“Promotional Content”).  We request user consent prior to sending you Promotional Content.

Consent may be given by you upon registration for a user profile by expressly opting in to receive Promotional Content.  Receipt of Promotional Content is opt-in only, and you must communicate an email address to subscribe to it.  You can choose to unsubscribe at any time, by: (1) clicking the “unsubscribe” link at the bottom of any email containing Promotional Content, which will take you to your account on the Website; (2) directly through the account section on either of the Digital Platforms; or (3) by contacting Acker directly.

The information discussed in this Section 7 may also be processed in order for us to more effectively market our Offerings so that they are relevant to you.

8.	NON-DISCRIMINATION.
We will not discriminate against you for exercising any of your rights under this Policy.

9.	CHILDREN’S ONLINE PRIVACY PROTECTION.
We will not knowingly collect personal information from any person that is actually known to us to be a child under the age of 16.  IF YOU ARE UNDER 16 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE DIGITAL PLATFORMS AT ANY TIME OR IN ANY MANNER.

10.	CHANGES TO OUR PRIVACY POLICY.
We reserve the right to amend this Policy at our discretion and at any time.  We will take appropriate measures to inform you of material changes to this Policy, consistent with the significance of the changes we make, including by email or by notification on our Digital Platforms.  If you do not agree with the changes, you should notify us and immediately stop using the Digital Platforms.  You can see when this Policy has been last updated and reviewed by checking the “Last Revised” and “Last Reviewed” dates displayed on the top of the Policy.

11.	CONTACT INFORMATION.
If you have any questions or comments about this Policy, the ways in which we collect and use your personal information, or your choices and rights regarding such use, please do not hesitate to contact us at privacy@ackerwines.com or via 877-ACKER-47 (877-225-3747).






Privacy Policy (European Economic Area and Other Non-US Residents)

If you are a resident of the United States, please click here for our Privacy Policy.

Effective Date: 8/17/2020
Last Revised: 

Acker, Merrall & Condit Company and its affiliates, including, without limitation, Acker Auction, Inc., Acker, Merrall & Condit (Asia) Ltd, Acker London Ltd., Acker Auction DE, LLC and The Wine Workshop LLC (collectively, “Acker”, “we”, “us” or “our”) advertises, promotes, sells and auctions wine, spirits and other alcoholic beverages, and related products (collectively, “Products”) and provides other information and news related to Products, in a variety of media (collectively with Products, the “Products & Services”).  We provide the Products & Services through a variety of methods, including, but not limited to, auctions, consignments, wine seminars, tastings and other events, and general purchases and interactions via our different social media and digital platforms (collectively, the “Offerings”).

Please note that we use CCTV video at our various premises for security reasons.  As such, your physical presence at any of our premises may result in your image being recorded and collected by Acker.  We retain such video recordings no longer than necessary in view of the purpose for which they were collected.

We consider the privacy of your data and information, whether corporate or personal, to be of paramount importance.  Information we gather from you as a customer not only enables the transactions and interactions between us, but also helps us continually improve your experience with us and keep you informed of upcoming auctions, events and other services that might interest you.  This document constitutes a notice (the “Policy”) from Acker to all customers or other individuals (“customer” or “you”) whose personal data is provided to or collected by us, by or through any of our Offerings, and which is subject to the General Data Protection Regulation ("GDPR") (Regulation (EU) 2016/679 of April 27, 2016).  We will treat personal data which is not subject to the GDPR or the California Consumer Privacy Act of 2018 in the same manner as described in this Policy.

Throughout this Policy, the expression “personal data” refers to any information relating to an identified or identifiable natural person, as defined by the GDPR.  This Policy aims to inform you of the conditions under which your personal data is collected and processed by us and the rights that you have regarding this data.  We will not sell, share, or rent your personal data to others in ways different from what is disclosed in this Policy.

1.	PERSONAL DATA WE COLLECT AND PROCESS.
In the course of our in-person interactions with you, and via our website (the “Website”) and mobile application (collectively with Website, the “Digital Platforms”), we collect the following personal data because it is necessary for the provision of our services in accordance with our Website and Mobile App Terms of Use.

(a)	Information Automatically Collected.
Generally:
When you visit our Website (regardless of whether you create a user profile), the following information about your visit is automatically collected by us, as it is sent by your browser when you access any webpage:

•	your computer’s or mobile device’s operating system;

•	the application or software that you used to access our Website;

•	the time you accessed our Website;

•	your browser type, language configuration, clicks and page views;

•	the terminal with which you accessed our Website; and

•	the websites you visited before accessing our Website.

This information is logged automatically and is stored for 7 years, and in any case, for no longer than necessary in relation to the purpose for which it is being processed.  The aim of this automatic collection and processing is to obtain visit statistics in order to improve our Website and your experience as a customer.  In particular, we use IP addresses to analyze trends, administer the Website and gather broad demographic information for aggregate use.  We may use “clear GIFs” (also known as “web beacons” or “pixel tags”) or similar technologies, in the Website and/or in our communications with you, to enable us to evaluate Website usage information about visitors to our Website, target campaigns, upgrade visitor information and know whether you have visited a web page or received a message.  A clear GIF is typically a one-pixel transparent image (although it can be a visible image as well), located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet thus enabling the verification of an individual’s viewing or receipt of a web page or message.  A clear GIF may enable us to relate your viewing or receipt of a web page or message to other information about you, including your personal information.

We offer sign-on services that allow you to use third party login credentials to access our Website.  You may choose to provide us with access to certain personal data stored by such third party websites.  The personal data we have access to varies by website and is controlled by your privacy settings on that website and your consent.  By associating an account managed by a third party with your Acker account and authorizing Acker to have access to this information, you agree that Acker may collect, use and store personal data from those websites in accordance with this Policy.

Cookies:
We collect and use cookies via the Website.  A cookie is a piece of data stored on your hard drive containing information related to your visit to our Website.  We use cookies on certain of our pages to help analyze our web page flow, customize our services, content and advertising, measure promotional effectiveness and promote trust and safety.  Cookies track your movement on our Website, including what you view, and your transactions and purchases.  They essentially serve to improve and personalize your experience on our Website.
A few important things you should know about our use of these technologies are that:

•	we offer certain features that are available only through the use of cookies and are therefore one of the primary ways in which we announce a new feature that was added since the last time you visited our Website;

•	we use cookies to help identify you, track information about you and maintain your signed in status;

•	most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session;

•	you are always free to decline our cookies if your browser permits, although doing so may interfere with your use of our Website or Products & Services;

•	you may encounter cookies from certain third parties, known as service providers, that we have allowed on our Website and that assist us with various aspects of our Website operations and services; and

•	you also may encounter cookies from third parties on certain pages of our Website that we do not control and have not authorized (for example, if you view a web page created by another user, there may be a cookie placed by that web page).

We also collect and use certain cookies on our Mobile App in order to improve your user experience.  We do not use third-party cookies on the Mobile App.
The storage duration of cookies on our Digital Platforms differs depending on the cookie, but is never longer than ninety (90) days.

Google Analytics:
Please note that we use a tool called “Google Analytics”, and tools within it such as Google Tag Manager and Google Firebase Analytics, to collect information about the use of our Digital Platforms.  Google Analytics collects use information regarding how often users visit the Digital Platforms, what device they are using and what pages they visit when they do so, and what other sites they visited prior to coming to our Website.  We use the information we get from Google Analytics to improve our Digital Platforms.  Google Analytics collects only the IP address assigned to you on the date you visit our Digital Platforms, rather than your name.  Google’s ability to use and share information collected by Google Analytics about your visits to the Digital Platforms is restricted by the Google Analytics Terms of Use and the Google Privacy Policy, found here.

Disabling Cookies and Google Analytics:
Most web browsers or Flash players have functionalities that can be set to block or refuse the use of cookies on our Website.  However, refusing a cookie may, in some instances, hinder or curtail your user experience on our Website or certain areas of it.  You may disable all cookies as well as the use of Google Analytics for the Digital Platforms by selecting the “Do Not Track” option available in your user profile, as well as at the bottom of this Policy.  By visiting the Digital Platforms without disabling these functions, you accept the collection and use of cookies and of Google Analytics.

(b)	Information Directly Collected.
The categories of information that we collect directly from you are: personal details (e.g., name, date of birth), contact details (e.g., phone number(s), email address(es), postal address), transaction information (e.g., bidding or purchase records, shipping details, information about items you purchase or wish to consign or have appraised), limited financial information (e.g., tokenized payment information in connection with your purchases, wire instructions), information about your property in our possession or storage, username and password, and identification information to enable account recovery.

We collect this information from you in person (for example, at one of our wine events, seminars or auctions) or via our Digital Platforms, as further outlined below.

Registration and User Profiles:
In order to use certain features of our Digital Platforms (e.g., placing an order, using our Website or mobile app bidding platforms or viewing information related to an account) and in order to participate in our auctions or certain other in-person events, you must register for a user profile and be granted a username and password.  Your password is PHP hash protected.  You may register for a user profile using our Digital Platforms or in person at certain Acker events such as live auctions.  The following information is collected to create this profile:

•	your name and contact information, including your phone number(s) and email address(es).

•	if you wish to participate in an auction or make other purchases, billing information.
If your password has been compromised for any reason, you should immediately notify Acker and change your password.  We will never request your password or other highly sensitive information via e-mail.  If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your Digital Platforms password or credit card information) via e-mail or to a website that does not seem to be affiliated with our Digital Platforms, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us.

This information is stored until you request the deletion of your user profile, provided that there is no legal requirement for its retention, or until the profile is erased by Acker.  The profile will be erased after 7 years of inactivity, in compliance with Article 5(1)(e) of the GDPR.

Orders:
When you order or bid on Products using the Digital Platforms or in-person (such as at our retail store or at a live auction), we may request the following information:

•	shipping details, including recipient name and phone number, street address, city, state/province, ZIP code and country (with respect to the purchase of non-auction and auction wines, spirits and other alcoholic beverages, please refer to our Retail Conditions of Sale and relevant auction Conditions of Sale, as applicable, for information regarding shipping and delivery policies);

•	billing details, if different from the shipping details (which requires the same information as for the shipping details); and

•	credit card information.
This information is used for billing purposes, reporting and to process your order(s).
Shipping and billing details are stored until you request the deletion of your user profile, provided that there is no legal requirement for its retention, or until the profile is erased by Acker, as stated above.  Your credit card information is tokenized and such token is stored until you remove this functionality from your user account, or until your user account is deleted.
Contact Form:
You may use the Website contact form to send a message to Acker, or request information, including in order to exercise your rights as detailed in this Policy.  When filling out the contact form, we request the following information:
•	name;

•	email address;

•	type of assistance required; and

•	your message (via a free-form field).

This information is required in order to process your message and answer your request, and is stored only as long as necessary in order to fully process your request.

2.	PROMOTIONAL CONTENT.
We offer promotional and marketing emails to keep you updated on our Offerings, including sending you Product recommendations and other non-transactional communications about us and our partners (“Promotional Content”).  We request user consent prior to sending you Promotional Content.

Consent may be given by you upon registration for a user profile by expressly opting in to receive Promotional Content.  Receipt of Promotional Content is opt-in only, and you must communicate an email address to subscribe to it.  You can choose to unsubscribe at any time, by: (1) clicking the “unsubscribe” link at the bottom of any email containing Promotional Content, which will take you to your account on the Website; (2) directly through the account section on either of the Digital Platforms; or (3) by contacting Acker directly.

The information discussed in this Section 2 may also be processed in order for us to more effectively market our Offerings so that they are relevant to you, as necessary for our legitimate interest in conducting direct marketing to increase sales or to the extent you have provided your prior separate consent.

3.	PERSONAL LOCATION AND SHARING.

(a)	Data Location.
We inform you that the personal data we collect is located in the United States of America.  By using our Digital Platforms, you are consenting to the transfer of your personal data to the United States of America, and you acknowledge that the personal data may be transferred for the purpose of fulfilling our business transactions with you.
(b)	Sharing with Third Parties.
We inform you that we may share your information with industry partners in order to improve the manner in which we promote our Products & Services, and in order to host our live events (such as auctions).  We also share aggregated demographic and use information with analytics services in order to market our Products & Services more effectively.
We outsource certain activities such as order shipments, marketing assistance, postal and email delivery, customer service, and data analysis, and we use a credit card processing company to bill users for goods and services.  These companies do not retain, share, store or use personal data for any secondary purposes and are not allowed to use personal data, except for the purpose of providing these services.  Our agreements with these third parties contain data protection clauses that guarantee appropriate customer safeguards.
4.	LINKS.
The Website may contain links to other websites.  Please be aware that Acker is not responsible for the privacy practices of such other sites.  We encourage you to be aware when you leave our Website and to read the privacy statements of all other sites you visit that collect personal data.
5.	YOUR RIGHTS.
You have the following rights regarding your personal data that is collected and processed by us.
We will attempt to notify each recipient to whom your personal data has been disclosed (unless this proves impossible or involves disproportionate effort) when you notify us of a rectification or erasure of your personal data or a restriction of processing.
(a)	Right of Access.

You may request access to your personal data that we collect and process.  Should you request such access, we will provide you with a copy of all your personal data in our possession as well as all legally required information, including:

•	the purposes of the processing;

•	the categories of personal data concerned;

•	the recipients to whom the personal data have been or will be disclosed;

•	the duration of storage of the personal data; and

•	further information on your rights regarding your personal data.

(b)	Right to Data Portability.
You have the right to data portability of your personal data.  This right differs from your right to access since it only relates to the personal data you provided us with (for example, automatically collected data is not included).  This right allows you to receive this personal data in a structured, commonly used and machine-readable format in order for you to be able to transfer this personal data to another data controller or processor.

(c)	Right to Rectification.
You may, at any time, request that we rectify inaccurate or incomplete personal data concerning you and we will proceed accordingly and promptly.

(d)	Right to Erasure (a.k.a. “Right to be Forgotten”).
You may request the erasure of your personal data provided that one of the following conditions apply:
•	your personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
•	you withdraw your consent for the processing and there is no other legal ground for the processing (this only relates to the personal data collected for Promotional Content purposes);
•	you exercise your right to object to the processing of your personal data, as detailed below;
•	your personal data was unlawfully processed; or
•	your personal data has to be erased to comply with a legal obligation to which we are subject.

(e)	Right to Object.
Where your personal situation justifies it, you may object to the processing of your personal data by us when this processing is carried out in our legitimate interests.  You may also, at any time, object to the processing of your personal data by us when this processing is carried out for marketing purposes.

(f)	Right to Restriction of Processing.
You may ask for the restriction of the processing of your personal data when one of the following applies:

•	where you contest the accuracy of your personal data, you can request the restriction of the processing of your personal data for the period required to verify your claim;

•	where the processing is unlawful, you may choose to request the restriction of the use of your personal data instead of requesting its erasure;

•	if we no longer need your personal data for the purpose of the processing, but you require this data for the establishment, exercise or defense of legal claims; or

•	where you objected to the processing of your personal data carried out in our legitimate interests, you may request the restriction of this processing while we investigate your claim.

6.	SECURITY.
We have implemented appropriate security measures in order to protect your personal data, both online and off-line.  These include firewalls, IP blacklisting, protections from brute force attacks, and other general security practices such as disabling ping-backs and track-backs.  We also utilize sophisticated third-party providers for secure server infrastructure, as well as other generally accepted physical safeguards.

7.	NOTIFICATION OF CHANGES.
We will update this Policy when necessary to reflect customer feedback, changes in our Products & Services, or legal changes.  When we post changes to this Policy, we will revise the “Last Revised Date” at the top of the Policy and will also describe the changes at the top of the Policy, so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

If there are material changes to the Policy, including how we will use your personal data, we will notify you either by prominently posting a notice of such changes before they take effect or by directly sending you a notification.  We encourage you to periodically review this Policy to learn how Acker is processing your information.  A banner informing you of any material changes in this Policy will be displayed on the Website for two weeks after the change.

If at any point we decide to use personal data for purposes incompatible with those stated at the time it was collected, we will notify you by way of an email whenever possible, or by displaying a banner requesting consent to this change for two weeks before the change takes place.  You will have the option to refuse the change and request the deletion of your user profile and personal data.

8.	NON-PERSONAL DATA.
This Policy discloses the treatment of any personal data provided to or collected by Acker via any of our Offerings.  The treatment of any non-personal data is addressed in our Website and Mobile App Terms of Use.

9.	CONTACTING US AND EXERCISING YOUR RIGHTS.
Should you have any questions regarding this Policy or should you wish to exercise one or more of the rights detailed above in Section 5, you may contact us at privacy@ackerwines.com.  An identity verification document will be required should you wish to exercise any such rights in order to ensure that no third party can gain access to your personal data.

Should a disagreement arise (including where a dispute is not resolved by an amicable settlement), you can always contact the competent personal data protection authority to lodge a complaint.  Our lead data protection authority is the following:

•	in the United Kingdom, the ICO, whose website is accessible at the following address: https://ico.org.uk.







小売販売条件

1. 一般: 本販売条件の承諾

お客様へ

ご購入ありがとうございます。お客様は、Acker, Merrall & Condit Company(以下「AMC」といいます。)から、そのウェブサイトwww.ackerwines.comを通じてオンライン上で、電子メールにより又はお電話により購入を行うことにより、AMCからのワインのご購入のすべてにつき、本小売販売条件(以下「本条件」といいます。)に同意することになります。本条件は、通知なく、いかなる時点でも、AMCの単独の裁量により、変更又は改定されることもあります。お客様が本ウェブサイトを継続的にご利用になることにより、かかる変更又は改定のなされた本条件に承諾することになります。


2. 法定年齢要件、確認及び写真付証明書

米国における法的要件として、ワイン及びアルコール飲料は、21歳以上の者に対してのみ、販売及び引き渡しを行うことができます。お客様は、AMCのウェブサイトから、お電話により、電子メールにより、又は対面式で、注文を行うことにより、ご自身及び指定受け取り人が21歳以上であることを確約することになります。

対面式で受け取りがなされる場合、年齢を証明する写真付証明書を提示する必要があります。お客様の代理で別の人が注文品を取りに来る場合、AMCは、上記の電子メールアドレス又はファックス番号にて、書面により、注文品の受け取りを行う方の身分を事前に通知されている場合のみ、かかるその他の者に対してお客様の購入品をお渡しいたします。

ご購入が初めての方は、AMCの記録のために、有効な形式の身分証明書の写しを提示するよう要求されることもあります。これは、AMCに対して、ファックス、電子メールにより送信するか、又は上記に記載した住所で対面式に引き渡すことができます。 


重要な留意事項: 連邦及び州の規制でも、アルコールを含む引渡品には、21歳以上の者が物理的に現れて署名することを義務付けてます。さらに、連邦の規制では、私書箱の住所に宛てて、アルコールを発送することを禁じています。したがって、当社では、お客様におかれまして居住地又は勤務先の住所へ宛てた発送を手配されますよう推奨しております。

十分な年齢証明書が提示されなかったことを理由に注文品がAMCへ返品される場合、お客様は、結果的に発生した送料をすべて支払う責任を負うことになります。

3. 購入及び支払い

お支払い期限は、請求書又は注文確認書の受領時とします。注文品は、以下の第4条の条件に従うことを条件に、また、注文品の全額支払い並びに関連するすべての手数料及び経費の受領をもってのみ、お客様の指示に従って、発送、引き渡し又は受け渡しがなされるものとします。AMCは、現金、小切手、郵便為替、振込並びにMasterCard、Visa及びAmerican Expressのクレジットカードを受け付けています。AMCは、その単独の裁量により、支払い前のいかなる時点でも、注文を取り消す権利を留保しています。

4. 受け取り、保管、配達及び売上税の適用

(a) 店頭受け取り

お客様は、ニューヨーク市にあるAMCの小売店から、ご購入されたワインを受け取ることができます。それを行うには、決済処理の際に、「店頭受け取り」を選択してください。決済処理の際に、お客様がご希望される受け取り日をご指定ください。AMCでは、お客様のご注文品の在庫があれば、ご指定の受け取り日を承認するよう最大限の努力をいたします。ご注文品の受け取りは、指定された受け取り日から48時間以内でなければならず、それ以降、ワインはAMCの倉庫へ移動されます。また、AMCは、自らの裁量により、50ドルの移動手数料を課し、且つ/又はご注文を取り消す権利を留保しています。

受け取りの手配をされるには、AMC(+1 212 787 1700)までお電話をお願いいたします。また、小売店への照会はstore@ackerwines.comまで、高級ワイン及び希少ワインの照会についてはrarewine@ackerwines.comまで、電子メールをお送りください。AMCのマンハッタン店(160 West 72nd Street, New York, NY 10023)までワインを取りに来ていただくこともできます。

(b) 市内配達

AMCは、ご依頼に応じて、また、自らの単独の裁量により、マンハッタン内における小売購入品を無料で、ニューヨーク州内のその他地域についてはご購入者の費用で、配達手配いたします。

(c) 保管

(i) 保管 ご購入されたワインは、お支払いが全額なされた時点で受け取り可能になるものとします。お客様におかれましてニューヨーク州外の米国内地域への配達をご要望の場合、かかる配達の手配は、お客様の単独責任とします。かかる場合、以下の第4条(e) に別段の定めがある場合を除き、ご購入されたすべてのワインはPEP Logisticsへ移動され、PEP Logisticsでは、ご購入者のエージェントとして、配達手配ができるよう、ご購入から30日間を上限として現地保管するものとします。

ご購入されたワインで、配達手配がなされていないか又は販売日から30日以内に受け取られていないものは、PEP Logisticsが第三者保管施設へ移動する(又はPEP Logisticsの選択により、PEP Logisticsにより現地保管される)こともあり、PEP Logisticsによりかかる財物が渡される前に、お客様に対して、すべての梱包、取扱、配達、保険及びかかる財物に関係した第三者保管の手数料が請求されることになります。PEP Logisticsは、お客様が、理由の如何を問わず、販売日から90日以内に、ご購入されたワインをPEP Logisticsから受け取らない場合、かかる財物に関して、自らが適切とみなす行為を取ることを許可されています。但し、お客様とPEP Logisticsの間で書面により別途の合意がある場合はこの限りではありません。PEP Logisticsは、自らの選択により、かかる財物がお客様により放棄されたとみなすこともあり、且つ/又は上記に定める費用及び料金の賦課並びにPEP Logisticsが有するその他の権利に加えて、PEP Logisticsは、その自らの単独の裁量により、あらゆる場所においてPEP Logisticsが決定する価格で、かかる財物を公式又は非公式に再販(一回以上のPEP Logisticsの競売若しくはその他の競売又は一回以上の小売販売を含みます。)し、かかる再販の総売上高から、その法的手数料及び経費並びにその他慣例的な費用、経費及び料金(販売者の手数料及びご購入者の割増金(競売売上の場合)、広告費、第三者販売手数料並びに梱包、取扱、配達、保険及び追加的な第三者保管の手数料を含みますがこれらに限られません。)を差し引く権利を有するものとします。いかなる場合も、PEP Logisticsは、お客様又はその他の当事者に対して、販売日から30日以内に受け取られないワインの損失又は損害につき、いかなる責任も負わないものとします。

(d) 州外への配達

i) お客様は、ニューヨーク州外の米国内地域に、ご購入されたワインを配達するようご要望される場合はその単独責任を有しており、適用法を遵守するすべての義務を引き受けるものとします、

ii)  ご依頼がある場合、適用法に従うことを条件に、PEP Logisticsは、適切な運送業者を手配する上で、お客様のエージェントとして活動することもできます。マンハッタン外の配達はお客様の経費となり、PEP Logisticsを通じた米国内へのいかなる配達手配も、あくまでもお客様のエージェントとしてなされるものとします。配達は、「出荷地渡し」で、ニューヨーク州において運送業者が本財物を受領した時点で損失及び損害のリスクがお客様に移転する形でなされるものとします。配達は、前払い又は送料着払いとしなければなりません。また、配達は、PEP Logisticsによるサービス料の対象となることもあります。配達手配は、支払いが全額なされ、資金がAMCの口座へ入金された時点で行うことができます。ご購入者におかれましては、北米大陸内の配達を手配する場合は5営業日を、北米大陸外の法域の場合は10営業日をお考え下さい。また、国外配達の場合は、関税書類又は経路に関する特別な注意を要することもあります。  

iii) ご購入されたワインのいずれかの運送業者を通じた配達に起因するいかなる損失又は損害も、ご購入者及び/又は運送業者の単独責任且つリスクとなります。AMCは、輸送中に発生したお客様の財物の劣化、損害又は損失につき責任を負いません。

(e) 権原及び課税

アルコール飲料の権原及び所有権は、ニューヨーク州において、AMCからお客様へ移転し、お客様は、ニューヨーク州からご自身で選択されたお届け先へ輸送されている商品につき全責任を負います。お客様は、AMCのマンハッタンにある場所までご購入されたワインを取りに来ることができます(上記の第4条(a)をご確認ください。)。また、お客様は、上記の第4条(c) 及び第4条(d) の条件に従うことを条件に、ご自身で配達を手配することもできます。

i)  免許を有する州への配達 AMCが免許を有している州(ニューヨーク州を含みます。)又はAMCがD2Cの発送免許を有している州へ注文品が送られる場合、ニューヨーク州においてお客様に対して商品の権原及び所有権が移転します。AMCは発送手配を行うこともあり、お届け先の州の要件に基づき、売上税及びその他適用される税金が適用されることになります。

ii)米国内のその他すべての場所への配達 アルコール飲料の権原及び所有権は、ニューヨーク州において、お客様へ移転し、お客様は、ニューヨーク州からご自身で選択されたお届け先へ輸送される商品につき全責任を負います。お客様は、AMCのニューヨーク市にある場所まで商品を取りに来ること、又は上記の第4条(c) 及び第4条(d) の条件に従うことを条件に、ご自身で配達を手配することもできます。AMCは、D2Cの免許を有していない州への配達を行うことが認められていないことから、すべての場合において、ニューヨーク州の売上税が適用されることになります。そのため、後にお客様において州外発送の手配を必要とされるとしても、ニューヨーク州内のお客様又はお客様のエージェントに対して商品を配達しなければなりません。

iii)米国外への配達 アルコール飲料の権原はニューヨーク州においてお客様へ移転します。米国外への直接輸出のためにご購入者又はご購入者の代理により起用された運送業者又は国際運送業者に対して本財物が譲渡される場合、売上税は課されません。

免許を有し且つ/又は登録された再販業者であって、AMCに対して適切に記載された再販証明書を提示するご購入者におかれましては、売上税が免除されることもあります。

一部の法域ではその地域への本財物の配達に対して物品税を課することもあります。AMC又はお客様のエージェントたるPEP Logisticsは、必要に応じて、お客様からかかる物品税を徴収することもあります。





(iv) 当社は、アルコール飲料発送の合法性に関して一切の表明も行いません。お客様は、かかる発送に関するすべての法律を遵守する責任を有しています。PEP Logistics又は該当する場合はAMCは、アルコール飲料の輸送を手配することにより、お客様のエージェントに対してサービスを提供し、お客様のエージェントとして行為することになります。お客様は、PEP Logistics又はAMCからの本サービスをご利用になることにより、アルコール飲料の購入、輸送及び配達に関して、お客様の地域及び州の法律を遵守して行為していることを表明していることになります。さらに、お客様は、ご自身が必須許可を取得しており、必須手数料を支払っており、必要に応じて適切な免許を有する仲介者を通じて取り組みを行っており、アルコール飲料を入手する法的権利を有しており、注文した量を引き受ける法的権利を有しており、且つアルコール飲料商品の配達を受ける者が21歳以上であることを表明していることになります。

(f) 注文処理期間

注文品は、通常、ご購入から5営業日以内に、処理され、発送されますが、様々な要因により、この期間よりも発送が遅れることもあります。お急ぎの注文等の特別な発送のご依頼は、お電話か電子メールにて行う必要があり、承認の対象となります。かかるご依頼は、AMCに対して行うことができ、該当する場合はPEP Logisticsへ転送されます。

5. 配達試行回数

AMCは、(AMCが発送を行う免許を有している州に対して)発送するよう認められている、購入品につき、配達を1回試みます。かかる注文品が返送されてきた場合、AMCは、お客様へご連絡して、返送につきお知らせしますが、AMCは、注文品を在庫へ戻して、お客様の勘定へ、発送費用を差し引いた額を入金する権利を留保しています。お客様におかれましては、小売店購入に関して特別な手配をする必要がある場合はstore@ackerwines.com宛てで、高級ワイン及び希少ワインに関してはrarewine@ackerwines.com宛てで、AMCまでお問合せください。


一般的な運送業者を通じた発送(PEP Logisticsを通じて手配されたものを含みます。)は、通常、配達を3回試みますが、それ以降、お客様のご注文品はAMCへ返送されます。

6. 返品及び取り消し

すべての販売は「現状有姿」でなされ、お客様がご注文を行った時点で確定され、ご購入品が依然としてAMC側にあるかお客様への輸送中であるかを問わず、また、AMCが発送手配を支援することができるか否かを問いません。返品及び取り消しは、重大な発送又は在庫に関する誤りがあり、且つ問題が90日以内に報告される場合(かかる場合、その問題は、個々に解決されます。)を除き、認められません。

7. ボトルの状態及び価格設定の相違

AMCが知る限り、すべてのワインは、AMCが有している間、適切な保存条件で維持されています。ワインがAMCの小売在庫へ追加された時点で、すべてのボトルに対して検品が行われ、できる限り正確な説明がまされていますが、より年代物で繊細なワインをご購入される方は、目減りの自然変化及び一般的な状態に関して適切な考慮を行う必要があります。熟成10年未満のワインは、別段の記載がない限り、概して良好な状態であるとみなすことができます。



8. 保険

AMC(権利及び免許を有する場合。)及びPEP Logisticsは、お客様に対して、ご自身で発送手配を行った国内発送を行います。AMCの保険は、手配がAMCによりなされたかPEP Logisticsを介してなされたかにかかわらず、お客様のご注文品が一般的な運送業者側にある間に発生した破損又は盗難に起因する損失を付保します。当該保険は、没収に起因する損失、又は冷蔵庫が長期間故障していることによりか若しくは冷蔵されない輸送若しくは天候に対する適切な断熱のない形でなされた輸送による過度な高温又は低温に起因する損害を付保しません。お客様におかれましては、ご購入された財物が輸送中に破損された場合、その財物の引き渡しから3日以内に、AMCに対して、書面により通知しなければなりません。配達物が届かない場合、お客様は、当社においてお客様の請求を処理できるよう、AMCに対して、予定配達日から3日以内に書面により知らせなければなりません。

9. 気象条件

AMCは、発送時の気温が華氏80度を超えるか又は華氏30度を下回る場合、お客様が、書面により、極端な気温に起因する発送に対する損害の責任及びリスクのすべてを引き受けることにご同意しない限り、ワインの発送を拒否する権利を留保しています。






US 競売 購入者販売条件

1.	BUYER"S AGREEMENT.

By bidding at auction, each bidder ("Bidder") agrees that these Conditions of Sale ("Conditions of Sale") constitute the agreement between Bidder, on the one hand, and Acker Auction DE, LLC ("Acker" or "Acker Auction DE"), for Delaware live auctions and/or Acker Auction, Inc., for live New York or web auctions, (each respectively and together, "Acker" or the seller ("Seller"), on the other hand, with respect to the sale of the property listed in the auction catalogue (in whatever format published) ("Property").  Acker may amend these Conditions of Sale or the catalogue from time to time and at any time through posted notices, addenda or errata or through oral salesroom announcements during the sale.  By bidding at auction, Bidder agrees to be bound by all of the terms and conditions of these Conditions of Sale and accepts personal liability to pay the purchase price, including the Buyer"s Premium (as defined below), taxes and any other applicable charges, for any successful bid. If the Bidder is the successful bidder by virtue of being the highest bidder accepted by the auctioneer, or has otherwise agreed to purchase any lot, wine or other item, the Bidder is referred to herein as the "Buyer."

2.	ACKER AS AGENT. 

Except as otherwise stated in these Conditions of Sale, Acker acts strictly as agent for the Seller.  

3.	BEFORE AUCTION.

(a) Lots.  Property is divided into separate groupings as determined by Acker in its sole and absolute discretion and each such grouping (a "Lot") is subject to separate bidding at auction.

(b) Inspection.  Prior to auction, Bidder is advised to physically inspect any Property in which Bidder is interested in bidding and to rely on such inspection, as opposed to any descriptions in the catalogue or elsewhere.  

(c) Experts.  Acker may seek views of outside experts on certain Property either before or after the sale.  Some Property may be marked to indicate, or show other indicia, that it has been inspected by an expert (including visible writings, stampings and cut capsules). 

(i) Bidder Registration.  In order to bid at auction, Bidder must have an account with Acker or its affiliates.  Bidder can open such an account by: (i) completing and submitting a Bidder Registration form; (ii) completing and submitting an Absentee Bid form; or (iii) creating such account online (at www.ackerwines.com) or through the "Acker Wines" mobile app (available for downloading at the Apple App Store or Google Play Store).  In connection therewith, Bidder will be required to provide the card number, expiration date and security code for an active credit or debit card (Visa, MasterCard or American Express), which Bidder authorizes Acker and its affiliates to validate.  Acker and its affiliates may also require Bidder to provide bank or other financial references.  Acker and its affiliates retain the absolute right not to open an account for any prospective Bidder and to refuse any prospective Bidder admission to, or participation in, any auction.  Bidders also agree to provide Acker with such information as Acker may reasonably require, including a government issued identification containing a photograph, such as a passport, identity card or driver"s license.  Acker may use this information to verify Bidder"s identification and for other screening and due diligence purposes. https://www.ackerwines.com/terms-conditions/#legal-privacy.


(d) Absentee, Telephone, Online and Mobile App Bidding.  Prior to the sale, Bidders may make arrangements with Acker to participate at auction by absentee or telephone bidding.  Bidder may also participate in the sale by bidding through Acker"s and its affiliates" online and/or mobile app bidding platforms, which participation shall be subject to the Website and Mobile App Terms of Use (available at https://www.ackerwines.com/terms-conditions/).
Bidders wishing to participate by absentee bidding must complete and submit an Absentee Bid form to Acker in advance of the sale.  All absentee bids must be placed in United States Dollars.  If Acker receives identical absentee bids for any particular Lot and such bids are the highest amount for that Lot at auction, the winning bid for such Lot shall be determined by the auctioneer in its sole and absolute discretion; provided that the exercise of the auctioneer"s discretion is not in a discriminatory manner otherwise prohibited by applicable law.  The acceptance of absentee, telephone, online and mobile app bids for any Lot in a live auction is subject to the sole and absolute discretion of the auctioneer.  With respect to bids placed through the online or mobile app bidding platforms, any online and mobile app notifications concerning Bidder"s bid status may be overridden by the auctioneer.  As such, even if Bidder receives an online or mobile app notice indicating that its bid has been accepted, please be advised that the auctioneer may determine otherwise in its sole and absolute discretion, and the auctioneer"s decision shall be final.  Acker offers complimentary absentee, telephone, online and mobile app bidding solely as a convenience to its clients.  In no event shall Acker or its affiliates or auctioneer (or any of their respective officers, directors, shareholders, members, employees, attorneys, representatives, agents or assigns) be liable for any errors, omissions or failures relating to, arising from or in connection with the execution (or failure to properly execute) any absentee, telephone, online or mobile app bids. 

4.	AT AUCTION.

(a) Catalogues.  Bidder is advised to read the print or a PDF copy of the catalogue in its entirety.  While Acker has attempted to describe each Lot in the catalogue accurately, in no event shall Acker be liable for any error or omission in any such description.  Acker retains the absolute right to amend any description in any manner prior to and during the auction.  Classifications in the text are for identification purposes only and are based on standard sources.  Each statement regarding Property, whether oral or written, and whether made in the catalogue, an advertisement, bill of sale, invoice, addendum, notice, announcement, email, or other written or oral communication, is a statement of opinion ONLY and should not be relied upon by any Bidder.  Bidder must make appropriate allowances for natural variations of ullages, and conditions of cases, bottles, labels, caps, corks, capsules, and wine and spirits.  In no event shall Acker be required to accept a return, offer credit for, or adjust the price of any Property after delivery except under the terms stated in Section 5(c) below.  Images appearing in the catalogue or elsewhere are for illustrative and informational purposes only, and may not reveal defects or imperfections in any Lot.  Bidder is advised not to rely on images in determining whether to bid on Property, and is further advised to personally inspect any Property in which Bidder is interested in bidding prior to placing any bids.  ALL PROPERTY IS SOLD "AS IS".

(b) No Representations, Warranties or Guarantees.  ACKER AND ITS AFFILIATES, AUCTIONEER AND SELLER (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES, AGENTS AND ASSIGNS) MAKE NO ORAL OR WRITTEN EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, THE CORRECTNESS OF ANY CATALOGUE DESCRIPTION OR OTHER DESCRIPTION AS TO THE ORIGIN, PHYSICAL CONDITION, QUALITY, RARITY, AUTHENTICITY, ATTRIBUTION, VALUE, ESTIMATED VALUE, IMPORTANCE, PROVENANCE, EXHIBITION HISTORY, POTABILITY, HISTORICAL RELEVANCE OR BIBLIOGRAPHIC REFERENCES CONCERNING ANY PROPERTY.

(c) Reserve Price.  Each Lot is sold subject to a reserve price, which is the minimum price below which the Lot will not be sold (unless the auctioneer choses, in its sole and absolute discretion, to accept a lower price and Acker pays the Seller as if the Lot had sold at the reserve price).  While Acker has the right to raise or lower the reserve price at any time prior to the time the Lot is opened for bidding by the auctioneer during the live auction, under no circumstance shall the reserve price for a Lot exceed the low estimate for that Lot as printed in the catalogue or as amended by any oral or posted notice.  The reserve price for each Lot is available to prospective Bidders upon request, but Acker shall have no ongoing obligation to notify a prospective Bidder who has been informed of any reserve price if such reserve price has thereafter been changed.

(d) Symbol Identifying Interest in Certain Lots.  If Acker or its affiliates has a financial interest in any Lot, including a full or partial ownership interest or the provision to the Seller of a minimum price guarantee, such Lot will be identified in the catalogue by the symbol *.  Any such financial interest may be held by Acker or its affiliates or jointly by Acker or its affiliates and a third party.  Acker or its affiliates and any third party holding a financial interest in a Lot jointly with Acker and/or its affiliates benefit financially if such a Lot is sold at or above a particular price and may incur a loss if it is not.  Notwithstanding the foregoing, Bidder shall be deemed to have waived any further claim against Acker and its affiliates as to the failure to provide disclosures beyond those statutorily required to the maximum extent permitted by applicable law. 

(e) Estimates.  Each Lot in the catalogue is accompanied by a low and high estimate of the selling price, which estimates exclude the Buyer"s Premium (as defined below), taxes and any other applicable charges.  While estimates are intended as a general guide for prospective Bidders, in no event do they constitute either a representation or prediction of an actual selling price or value and should not be relied upon by Bidder as such.  Acker reserves the right to revise estimates at any time prior to the time the Lot is opened for bidding. 

(f) Bidding. 
(i) Bidder Warranties, Representation and Covenants.  By bidding at auction (whether in person or through an agent, or through absentee, telephone, online, or mobile app bidding, or by other means), Bidder warrants, represents and covenants that: (A) Bidder is at least twenty-one (21) years of age; (B) Bidder has the legal authority, right, and capacity to buy, receive, possess and otherwise deal in any Lot purchased; (C) any bids made by Bidder or on Bidder"s behalf are not pursuant to any anti-competitive agreement and are otherwise in compliance with all applicable laws; (D) any funds used to pay for Property were not directly or indirectly obtained from any criminal activity; and (E) Bidder (and any other party or entity on whose behalf Bidder may be bidding or acting) is not subject to any trade sanctions, embargoes or any other restrictions on trade in the United States or any other in jurisdiction in which Bidder or any such other party resides or conducts business For the avoidance of doubt, if Bidder is bidding as an agent, each of the foregoing representations and warranties are made on behalf of both Bidder and its principal.
(ii) Bids per Lot.  Unless otherwise announced by the auctioneer, all bids are per Lot in consecutive numerical order as they appear in the catalogue. 

(iii) Bidding Up to the Reserve Price.  Subject to the auctioneer"s sole and absolute discretion, bids shall be entered in the order in which they are received.  The auctioneer may open bidding on any Lot by placing a bid on behalf of the Seller.  The auctioneer may further bid on behalf of the Seller up to but not at or exceeding the amount of the reserve price by placing successive or consecutive bids for the Lot, or by placing bids in response to bids placed by any other Bidder.

(iv) Bidding by Acker.  Acker"s affiliates reserve the right to bid for their own accounts.

(v) Bidding by Acker Employees.  Acker reserves the right to permit its employees (in the sole and absolute discretion of Acker) to bid for their own accounts  on any Lot in the sale.   Employees shall bid only by absentee bid submitted prior to the auction and if they do not have certain confidential information about the lot on which they are bidding and otherwise comply with our employee bidding procedures.  Employees may be permitted to bid at a discounted Buyer"s Premium. Acker"s discount policy shall be disclosed to any Bidder who requests it.  

(vi) Bidding Not Reaching the Reserve Price.  If bidding on a Lot does not reach the reserve price, the auctioneer may remove the Lot from sale.  At the time of such removal and before bidding on another Lot begins, the auctioneer shall announce that the removed Lot has been "passed", "bought in" or other term of similar meaning.

(vii) Hammer Price.  The Bidder making the highest bid accepted by the auctioneer will become the Buyer.  The striking of the auctioneer"s hammer marks the acceptance of such bid as the "hammer price" and the creation of a contract for sale between Seller and Buyer. The auctioneer has discretion to reopen bidding at any time during the auction in which case no contract shall be formed until such final bidding is completed.

(viii) Bidding Increments.  The following are the bidding increments that will generally apply to bids, whether placed in person or through an agent, or through absentee, telephone, online, or mobile app bidding, or by other means; provided, however, that all increments during an auction are subject to change or modification in the sole and absolute discretion of the auctioneer.  Any absentee bid submitted in an incorrect bidding increment will automatically be rounded down to the closest correct increment.  
Current Bid			Bidding Increments

$0 up to $1000			$50
$1000 up to $2000		$100
$2000 up to $3000		$200
$3000 up to $5000		$200, $500, $800
$5000 up to $10,000		$500
$10,000 up to $20,000	$1000
$20,000 up to $30,000	$2000
$30,000 and more		Auctioneer"s Discretion

(ix) No Liability for Bidding Errors.  In no event shall Acker or its affiliates or auctioneer (or any of their respective officers, directors, shareholders, members, employees, attorneys, representatives, agents or assigns) be liable for any errors, omissions or failures relating to, arising from or in connection with the execution (or failure to properly execute) of any bids, whether placed in person or through an agent, or through absentee, telephone, online, or mobile app bidding, or by other means, including errors or omissions relating to the loss of connection with the internet or Acker"s on-line or mobile app bidding platforms.

(g) Parcel Lots.  In the event that the catalogue lists a sequence of Lots carrying the same estimates and consisting of the same type of wine or spirits, quantity and bottle size (each a "Parcel"), Buyer of the first Lot in such Parcel may, in the sole and absolute discretion of the auctioneer, be granted the option to buy any or all additional Lots in the Parcel for the same hammer price if there is no higher absentee bid on any subsequent Lot within the Parcel.  If the option is not exercised on all such Lots, the auctioneer will open bidding on the next unsold Lot and may elect to offer Buyer of that Lot the option to take any or all of the remaining Lots in the Parcel.  Bidding shall continue in the same manner until all Lots in the Parcel have been offered and declared sold or unsold by the auctioneer.

(h) Auctioneer"s Discretion.  Acker and/or the auctioneer shall have the sole and absolute discretion to: (i) withdraw any Lot; (ii) divide any Lot; (iii) combine any two or more Lots; (iv) accept or refuse any bid (whether made in in person or through an agent, or through absentee, telephone, online, or mobile app bidding, or by other means); (v) advance the bidding, including changing the increments, in such a manner as deemed appropriate; and (vi) in the event of error or dispute or multiple bids of the same amount, determine the successful bidder, continue the bidding, cancel the sale, or reoffer and resell the disputed Lot.  Wherever Acker and/or the auctioneer exercises such discretion, its decision shall be final, binding and conclusive in all respects.    

(i) Buyer"s Premium.  The total amount due from Buyer for each Lot shall be the hammer price plus a commission equal to twenty-four and one-half percent (24.5%) of the hammer price ("Buyer"s Premium"), in addition to any applicable taxes.

(j) Discounted Buyer"s Premium.  Acker provides discounts on the buyer"s premium to Bidders who transact with Acker or its affiliates over certain dollar thresholds. Acker"s discount policy shall be disclosed to any Bidder who requests it.  

(k) Post-Auction Sale of Property.  Any post-auction sale of Property offered at auction and sold in a private treaty sale shall incorporate and be subject to these Conditions of Sale as if sold at the live auction.  

5.	AFTER AUCTION. 

(a)	Payment.

(i) When Due.  Final invoices reflecting the total amount due will be sent to each Buyer within seven (7) days following the auction (email to suffice).  Buyer agrees to pay such invoice in full within thirty (30) days following the date of auction.  Any amount of such invoice which remains unpaid more than thirty (30) days after the date of auction will be subject to a late fee equal to eighteen percent (18%) interest per annum, calculated on a daily basis, until such unpaid amount has been paid ("Late Fee"), notwithstanding any other provision of these Conditions of Sale.

(ii) Method of Payment.  Payment of each invoice must be made in United States Dollars.  Payments may be made by wire transfer, check and/or certain credit or debit cards (subject to the provisions herein).  Any check returned unpaid will be subject to a $100 processing fee and will not be deemed paid for purposes of determining whether payment has been timely received.  Visa, MasterCard and American Express are accepted, without a convenience fee, for payments in the aggregate of up to $15,000.00 per auction.  To the extent permitted by law, the portion of any payment made by credit card in excess of $15,000.00 per auction shall be subject to a 3% convenience fee.  By bidding at auction, Bidder authorizes Acker, without further notice to Bidder, to charge any credit or debit card used by Bidder to create an account with Acker and its affiliates or to make payment on any current or past invoice issued to Bidder by Acker or its affiliates, any balance of Bidder"s invoice that remains unpaid more than thirty (30) days after the auction (in addition to both a 3% convenience fee on any amount in excess of $15,000.00 and all other applicable fees and expenses, including late fees).

(b) Title and Taxes.  Title to and ownership of purchased Property passes to Buyer in the State of Delaware or New York, where the auction is based or fulfilled and where all Property will be located at the time it is released to Buyer.  For web auctions or New York live auctions, Acker Auction, Inc. is required to charge and collect New York sales tax that will be applied to the Buyer"s purchase. Consistent with the terms in Section 5(c) below, for Acker Auction DE auctions, all purchased Property is sold to Buyer in the State of Delaware.  Acker is required to comply with all applicable Delaware or New York state and local sales tax laws with respect to its respective sales.  As of the date of publication of these Conditions of Sale, the State of Delaware does not impose sales tax on tangible personal property sold within the State.  Therefore, Acker is not required to charge or collect sales tax on Property sold in the State of Delaware pursuant to these Conditions of Sale.  For Delaware auctions, Property not picked up in person or shipped abroad, will be delivered to Acker Storage"s facility in the State of Delaware in Buyer"s name.  If Buyer does not pick up the Property in person within five days of the transfer of title to the Property to the Buyer or request delivery to a carrier or freight forwarder for shipment to a destination outside the United States of America to which such carrier has all necessary permits and licenses to deliver, Acker Auction DE will deliver the property to Acker Storage, LLC ("Acker Storage") in the State of Delaware in Buyer"s name and Buyer will be responsible for any and all storage and other fees for services provided by Acker Storage. The terms and costs of such storage can be located at ackerstorage.com/StorageAgreement.pdf. If at any time after delivery to Buyer in the State of Delaware,  Buyer directs or authorizes that the Property be moved to the District of Columbia, a state other than Delaware or outside the Untied States, Buyer shall be responsible for any country, state and local use taxes and/or other duties, taxes, tariffs or fees due or assessed by the jurisdiction(s) to which Buyer removes purchased Property or has it delivered.  Buyer assumes sole and exclusive responsibility for compliance with all such taxes, duties, tariffs, fees, interest and/or penalties applicable in such jurisdiction(s).  Additionally, the State of Delaware imposes an excise tax on wine which is to be consumed in the State of Delaware.  If Buyer picks up the Property from storage, with the intent that it will be consumed in the State of Delaware, Buyer will notify Acker Auction DE if the Property has not been delivered to Acker Storage in Buyer"s name or Acker Storage if the Property has been so delivered and Buyer shall pay any applicable excise tax, duties, tariffs, fees including any interest or penalties. 

(c) Collection and Delivery of Property.  Title to purchased Property shall not pass, nor shall possession of such Property be transferred to Buyer, until payment in full has been received by Acker in good and cleared funds.  Upon Acker Auction"s receipt of payment in full in good and cleared funds, purchased Property will be released. For Property sold in an auction held by Acker Auction DE, within five (5) days from the date title passes and the Property is made available, the Buyer must (i) arrange to pick up the Property from Acker Auction DE in person, or (ii) arrange for the delivery of the Property to a carrier with all necessary permits and licenses for shipment to a destination outside the Untied States of America. If the Buyer does not select one of the two options above, the Buyer will be deemed to have consented to the transfer of the Property to Acker Storage and Acker Auction DE will transfer the Property, in the Buyer"s name, to Acker Storage and Buyer will be responsible to pay any and all of Acker Storage"s fees and service charges and the Property will be subject to the terms of  Acker Storage"s storage agreement that can be located at ackerstorage.com/StorageAgreement.pdf. Acker cannot deliver Property within the State of Delaware. Arrangement to pick up the Property from Acker Auction DE can be made by calling (302) 525-8601.  ACKER AUCTION DE LLC DOES NOT SHIP, TRANSPORT OR DELIVER ALCOHOLIC BEVERAGES AND SHALL HAVE NO OBLIGATION TO SHIP, TRANSPORT OR DELIVER PURCHASED PROPERTY TO BUYER.  UNDER THE APPROPRIATE CIRCUMSTANCES, ACKER AUCTION DE MAY, IN ITS SOLE AND ABOLUTE DISCRETION, AGREE TO DELIVER PROPERTY TO A CARRIER WITH THE NECESSARY LICENSES AND PERMITS TO SHIP ALCOHOLIC BEVERAGES OUTSIDE THE UNITED STATES, PROVIDED THE BUYER ASSUMES THE RESPONSIBILITY TO COMPLY WITH THE LAWS OF ALL GOVERNMENTAL ENTITIES WITH JURISDICTIONS OVER THE TRANSACTION AND TO PAY ANY AND ALL TAXES, FEES, EXPENSES, FINES, INTEREST, ATTORNEYS" FEES, TARRIFFS, LEVIES AND OTHER TAXES, COSTS AND EXPENSES RELATED TO THE TRANSACTION AND INDEMNIFIES AND HOLDS HARMLESS ACKER AUCTION DE AND ITS AFFILATES FROM ALL OF THE FOREGOING AND ATTORNEYS" FEES AND COSTS. After the Property has been delivered to Buyer, in the State of Delaware, Buyer may make arrangements to leave the Property in storage in the state or to have the Property delivered elsewhere, Buyer assumes sole and exclusive responsibility for any required shipping, transportation or delivery arrangements of the purchased Property from the State of Delaware to Buyer"s desired destination and shall be solely responsible for any and all state and local sales or use taxes and/or other duties, taxes, tariffs or fees due or assessed by the jurisdiction and any interest or penalties related thereto.  If purchased Property is not picked up from Acker Auction DE by Buyer in-person within five (5) days after payment in full has been received by Acker Auction DE in good and cleared funds or if, prior to the expiration of such five (5) day period Buyer notifies Acker in writing (email to suffice) that shipping, transportation or other delivery thereof is required, Acker Auction DE will automatically transfer custody of such Property to Acker Storage located at 1800 Ogletown Road, Suite E, Newark, DE 19711 (info@ackerstorage.com), which storage facility shall act as agent for Buyer in providing on-site storage of such Property until pick-up, shipping, transportation or delivery arrangements have been made outside the State of Delaware. The list of storage fees applicable can be found at ackerstorage.com/StorageAgreement.pdf.

Buyer agrees to pay all storage fees and other applicable charges imposed by Acker Storage and understands that Acker Storage has and may enforce a  lien (including without limitation a lien under section 6 Del. C. 7-709(a)) on any Property transferred to it to be stored.  Once physical custody of Property has been transferred to Acker Storage, Buyer may pick up such Property in person from Acker Storage, leave the Property in storage in Delaware or make independent shipping, transportation or delivery arrangements for the Property to be delivered outside of the State of Delaware.  To arrange in-person pick up from Acker Storage or for a full list of services offered by Acker Storage, please visit info@ackerstorage.com or call (302) 731-1483 during regular business hours.  Please read Acker Storage"s terms and conditions carefully as they contain limitations as to Acker Storage"s liability for loss or damage to Property and as to the services Acker Storage is prepared to provide.  


ONCE CUSTODY OF ANY PURCHASED PROPERTY HAS BEEN TRANSFERRED TO ACKER STORAGE AS PROVIDED ABOVE, ACKER AUCTION DE AND ITS AFFILIATES, AUCTIONEER, AND SELLER (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES, AGENTS AND ASSIGNS) SHALL HAVE NO LIABILITY OF ANY KIND TO BUYER OR ANY OTHER PARTY IN CONNECTION WITH ANY SUBSEQUENT DETERIORATION, DAMAGE, OR OTHER LOSS OF ANY KIND IN CONNECTION THEREWITH, NO MATTER HOW OCCASIONED, WHETHER RELATING TO, ARISING FROM, OR IN CONNECTION WITH THE STORAGE OF SUCH PROPERTY AT ACKER STORAGE, THE SHIPMENT, TRANSPORTATION OR DELIVERY THEREOF (INCLUDING, WITHOUT LIMITATION, WHILE SUCH PROPERTY IS IN TRANSIT), OR OTHERWISE. NOTE THAT THE LIABILITY OF ACKER STORAGE MAY BE LIMITED BY LAW OR BY THETERMS OF ITS STORAGE AGREEMENT.
After title passes and the Property has been picked up by the Buyer or delivered to Acker Storage, any Buyer who arranges shipping, transportation or delivery of purchased Property outside of the State of Delaware acknowledges that it is the owner and shipper of such Property. Neither Acker Auction DE nor Acker Storage nor any of their affiliates make any  representation as to the legal rights of any person or entity to ship, transport, deliver or import Property into any state, country or jurisdiction.  Buyer shall be solely and exclusively responsible for the shipping, transportation and delivery of purchased Property, determining the legality of having such Property shipped, transported and/or delivered to the applicable destination, and compliance with any laws and the payment of all applicable taxes, duties, tariffs and fees (including without limitation any interest or penalties) associated therewith.

(d) Importation and Exportation.

(i) Importation and Delivery.  Acker and its affiliates make no representation as to the legal rights of anyone to import or deliver any Property or other goods into any state or jurisdiction.  Buyer acknowledges and agrees that it is solely responsible for the transport of the Property and for determining the legality and the tax/duty consequences of bringing the products to Buyer"s chosen destination.

(ii) Exportation.  Property sold at auction may be subject to laws governing export from the United States, and Acker and its affiliates make no representation as to the legal rights of anyone to export such Property or other goods into any state or jurisdiction.  It shall be Buyer"s sole responsibility to determine, before bidding at auction, whether an export permit or license is required for Buyer"s purchase and, if required, to obtain any such required permit or license.  The denial of, or delay in obtaining, any such permit or license shall neither justify the rescission of any sale nor any delay in making full payment for the purchase.

(e) Rescission.

(i) Claims by Buyer.  Acker has the right but not the obligation to rescind a sale if any statement in Acker"s offering materials concerning a Lot is materially incorrect or such Lot is short or is in unsound condition (e.g., cooked and spoiled), Buyer"s sole remedy shall be rescission of such sale in Acker"s  sole and absolute discretion.  If Buyer seeks rescission under this paragraph 5(e)(i), Buyer must so notify Acker in writing within ninety (90) days after the auction.  Buyer may only make such a claim if the Property in question: (A) has the Acker auction sale date reference sticker(s) on the relevant bottle(s); (B) is in the same condition as when it was released by Acker to Buyer or when custody thereof was transferred to Acker Storage; and (C) has been delivered to and from Buyer and stored under appropriate conditions.  TO THE FULLEST EXTENT PERMITTED BY LAW, BIDDER WAIVES ANY RIGHT TO MAKE ANY CLAIM OR BRING ANY LEGAL ACTION AGAINST ACKER AND ITS AFFILIATES, AUCTIONEER, AND SELLER (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES, AGENTS AND ASSIGNS) RESULTING FROM ANY DETERMINATION MADE (OR FAILED TO BE MADE) BY ACKER UNDER THIS SUBSECTION.  IN THE EVENT THAT BUYER FAILS TO PROVIDE TIMELY AND PROPER NOTICE TO ACKER UNDER THIS SUBSECTION, BUYER SHALL DEEMED TO HAVE WAIVED ANY RIGHT TO RESCISSION AS HEREIN PROVIDED.  Only the Buyer of record of the Property shall be entitled to make a claim of recisssion under this subparagraph.

(ii) Buyer"s Sole Remedy.  THE REFUND TO BUYER OF THE PURCHASE PRICE PAID FOR ANY PROPERTY SHALL BE BUYER"S SOLE REMEDY FOR ANY CLAIM OR MATTER RELATING THERETO.

(iii) Different Importers/Bottle Numbers.  Although Acker may at times state in the catalogue or elsewhere if a Lot includes Property from different importers, failure to so state is not grounds for rescission of the sale of any Lot.  Similarly, any incorrect statement or omission in the catalogue concerning bottle and/or sequence numbers of Property from those producers that number their bottles is not grounds for rescission of the sale of any Lot.

(iv) Limited Guarantee.  Notwithstanding anything to the contrary contained within these Conditions of Sale, Acker agrees to refund the purchase price to the Buyer of any Property purchased from Acker that is not of the vintage or from the producer as was stated in the catalogue or otherwise represented by Acker, including, but not limited to, Property that is counterfeit or has indicia which suggest that it is likely counterfeit, provided that: (A) the Buyer directly purchased the Property from Acker; (B) the Buyer returns such Property to Acker within ninety (90) days of the date of delivery of such Property to Buyer; and (C) that Buyer returns such Property in materially the same condition as it was delivered to Buyer.

(f) Default by Buyer.  If Buyer fails to make payment in full in accordance with these Conditions of Sale within thirty (30) days following the auction, Acker Auction DE may, in its sole and absolute discretion:

(i) Cancel the sale, retaining any partial payment as liquidated damages;

(ii) Resell Property publicly or privately for Buyer"s account and at Buyer"s risk, with estimates and a reserve set at Acker"s sole and absolute discretion, and charge Buyer for any deficiency between the final bid in the resale and the final bid placed by Buyer, in addition to all costs and expenses of both the initial sale and the resale at Acker"s regular rates and the Buyer"s Premium due in connection with both sales;

(iii) Set off all sums due from Buyer against any amounts which Acker or its affiliates may owe to Buyer;

(iv) Exercise all the rights and remedies of a party holding a first priority perfected security interest in any Property or other property in the possession of Acker or its affiliates and which is owned or has been consigned by Buyer;

(v) Collect from Buyer the total amount due (including the Late Fee) plus any loss, cost or expense incurred by Acker in effecting such collection;

(vi) Collect from Buyer reasonable attorneys" fees and expenses incurred by Acker in exercising any one or more of the rights or remedies set forth in this Agreement;

(vii) Prohibit Buyer from directly or indirectly purchasing from Acker and its affiliates and from participating in future auctions and other events held, hosted or sponsored by Acker or its affiliates; 

(viii) Exercise any right or remedy against Buyer available to Seller at law, equity or otherwise; or 

(ix) Release the name and address of the Buyer to the Seller to enable Seller to commence legal proceedings against Buyer to recover all amounts due.     

Acker may, in its sole and absolute discretion, exercise any one or more of the preceding remedies or any combination thereof.

If Buyer fails to pick up the Property in-person or fails to arrange for shipping, transportation or other delivery of the Property after payment in full has been received by Acker Auction DE, and after the Buyer has had five (5) business days after payment to pick up the Property itself or authorizing delivery of the Property to Acker Storage and has not paid the storage fees for the Property at Acker Storage, Acker may, in its sole and absolute discretion, take any of the following actions in order to pay off all storage fees and other expenses incurred by Acker or Acker Storage:

(i) Cancel the sale;

(ii) Resell Property publicly or privately for Buyer"s account and at Buyer"s risk, with estimates and a reserve set at Acker"s absolute and sole discretion, and charge Buyer for any deficiency between the final bid in the resale and the final bid placed by Buyer, in addition to all costs and expenses of both the initial sale and the resale at Acker"s regular rates and the Buyer"s Premium due in connection with the both sales;

(iii) Set off all sums due from Buyer against any amounts which Acker or its affiliates may owe to Buyer;

(iv) Exercise all the rights and remedies of a party holding a first priority perfected security interest in any Property or other property in the possession of Acker or its affiliates and which is owned or has been consigned by Buyer;

(v)  Collect from Buyer the total amount due (including the Late Fee and/or interest) plus any loss, cost or expense incurred by Acker in effecting such collection;

(vi) Collect from Buyer reasonable attorneys" fees and expenses incurred by Acker in exercising any one or more of the rights or remedies set forth in this Agreement; provided, however, that prior to taking any of the foregoing actions, Acker shall make three attempts using reasonable business effort to contact the Buyer in writing (which may include electronic transmission) as to Buyer"s failure to pick up or arrange for shipping, transportation or other delivery of the Property.  Acker shall hold any monies received in connection with such sale (after receiving payment for its storage and other costs) in accordance with all escheatment rules of the State of Delaware and as provided under the Acker Storage Agreement.  

(g) Bidder"s Indemnity.  By bidding at auction, each Bidder (including Buyer) agrees to indemnify, defend and hold Acker and its affiliates, auctioneer, and Seller (and each of their respective officers, directors, shareholders, members, employees, attorneys, representatives, agents and assigns) (each, an "Indemnitee") harmless from and against any and all losses, damages, demands, claims, suits, judgments, costs, expenses, or other liability of any kind (including reasonable attorneys" fees and expenses) relating to, arising from or in connection with: (i) Bidder"s actual, threatened or alleged breach of any representation, warranty, covenant or other provision contained within these Conditions of Sale; (ii) any act or omission on the part of Bidder (or Bidder"s agents, employees or representatives) adversely affecting Property; (iii) any inaccuracy of any document or instrument delivered by Bidder pursuant to or in connection with these Conditions of Sale; or (iv) Bidder"s violation of any applicable law, statute, rule or regulation.  Bidder further agrees to advance each Indemnitee, upon demand, all costs and expenses (including reasonable attorneys" fees and expenses) as they are incurred by such Indemnitee in connection with any matter covered by the indemnification provisions of this Section 5(h). All of Bidder"s representations, warranties and covenants herein, together with the indemnification provided from in this Section 5(g), shall survive completion of the transactions contemplated in these Conditions of Sale.

(h) Copyright.  Acker reserves copyright in all images, illustrations and written material produced by or on behalf of Acker, including, without limitation, the content of the catalogue (collectively, "Material"), and in no event may Buyer or any third party use any Material without Acker"s prior written consent.  In no event do Acker or its affiliates or Seller make any representation or warranty that Buyer will acquire any copyright, reproduction right or any other intellectual property right in any Property.


6.	GOVERNING LAW AND FORUM SELECTION.

(a)	These Conditions of Sale, including the respective rights and obligations of the parties hereunder and the conduct of the auction for live Delaware sales (including any online bidding in the auction, to which these Conditions of Sale apply), shall be governed by the laws of the State of Delaware without regard to the conflicts of laws principles thereof.  For live sales in New York or web auctions, the governing law shall be New York (including any online bidding or use of the mobile app). For the benefit of Acker, by bidding at auction (whether in person or through an agent, or through absentee, telephone, online, or mobile app bidding, or by other means), each Bidder (including Buyer) consents and agrees to the exclusive jurisdiction of the state courts of the State of Delaware located in New Castle County for Delaware sales and New York, New York in connection with live sales in New York or web auctions in connection with any legal claim or action relating to, arising from, or in connection with these Conditions of Sale, including the respective rights and obligations of the parties hereunder and the conduct of the respective auction, and consents to personal jurisdiction in such respective courts.  Each Bidder (including Buyer) waives, to the maximum extent permitted by law, any objection to the laying of venue in any such court and any claim that such court would be an inconvenient forum for any action covered by this Section 6.  Each Bidder (including Buyer) agrees that Acker shall retain the right to bring legal proceedings in any court other than the state courts of the State of Delaware state courts located in New Castle County for Delaware auctions or New York County, New York for live New York or web auctions.

(b)	To the extent required by applicable law, each auctioneer is licensed pursuant to 30 Del. C. 2301(a)(3).

7.	JURY TRIAL WAIVER. 

EACH BIDDER (INCLUDING BUYER), SELLER AND ACKER IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING FROM, RELATING TO, OR CONCERNING THESE CONDITION, INCLUDING THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER AND THE CONDUCT OF THE AUCTION.

8.	LIMITATIONS OF LIABILITY.

ACKER AND ITS AFFILIATES, AUCTIONEERS, AND SELLERS (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES, AGENTS AND ASSIGNS) SHALL NOT BE LIABLE TO ANY BIDDER (INCLUDING BUYER) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM, RELATING TO, OR CONCERNING THESE CONDITIONS OF SALE, INCLUDING THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER OR THE CONDUCT OF THE AUCTION, NO MATTER HOW OCCASIONED, AND EACH BIDDER (INCLUDING BUYER) EXPRESSLY WAIVES ANY RIGHT TO RECOVER ANY SUCH DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

THE MAXIMUM LIABILITY OF ACKER AND ITS AFFILIATES, AUCTIONEERS, AND SELLERS (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES, AGENTS AND ASSIGNS) SHALL BE THE AMOUNT PAID BY BUYER FOR ANY PROPERTY THAT IS SUBJECT TO RETURN AS PERMITTED HEREUNDER.  ACKER AND ITS AFFILIATES, AUCTIONEER, AND SELLER (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES, AGENTS AND ASSIGNS) SHALL HAVE NO OTHER LIABILITY OF ANY KIND OR NATURE UNDER THIS AGREEMENT, IN TORT OR OTHERWISE, WHETHER AT LAW OR IN EQUITY, WITH RESPECT TO THIS AGREEMENT OR THE OFFER, PURCHASE OR SALE OF ANY PROPERTY.

9.	PERSONAL DATA AND INFORMATION.
Acker and its affiliates process each Bidder"s and Buyer"s personal data and/or information, as applicable, in accordance with its privacy policies available at: https://www.ackerwines.com/terms-conditions/#legal-privacy.
10.	MISCELLANEOUS.

These Conditions of Sale constitute the entire understanding and agreement between the parties with respect to the subject matter contained herein and supersedes and cancels all previous agreements and commitments, whether oral or written, in connection with the matters described herein.  No waiver or modification of these Conditions of Sale shall be binding unless in writing and assented to by both Bidder and an authorized representative of Acker.  No failure to insist upon compliance with any term or condition of these Conditions of Sale, whether by conduct or otherwise, shall be construed to be a waiver of such term or condition.  In the event any one or more provisions of these Conditions of Sale is determined to be invalid or unenforceable in any respect, the validity and enforceability of all remaining provisions hereof shall not in any way be affected or impaired.  In the event of a conflict between these Conditions of Sale and any other document, terms, or policy published by Acker (including, without limitation, the Website and Mobile App Terms of Use), these Conditions of Sale shall control.  No provision of these Conditions of Sale shall be construed to create a partnership or other joint venture or enterprise between or among any of Acker, Bidder and Seller.  None of the terms and conditions set forth in these Condition of Sale may be assigned by Bidder without Acker"s express written consent.  Each of Acker"s affiliates and auctioneers (and each of their and Sellers" respective officers, directors, shareholders, members, employees, attorneys, representatives, agents and assigns) shall be an express third party beneficiary of the protections, rights and authority bestowed upon such entity or person by and throughout these Conditions of Sale.  These Conditions of Sale shall be binding upon Bidder"s heirs, executors, beneficiaries, successors and assigns.  Section headings herein are for purposes of convenient reference only and will not affect the meaning or interpretation of any provision of these Conditions of Sale.  These Conditions of Sale shall be construed as if jointly drafted and without regard to any presumption or other rule requiring construction against any party on account of its participation in the drafting hereof.  Bidder acknowledges that it has read these Conditions of Sale in their entirety, understands that these Conditions of Sale constitute an important legal document, has had the opportunity to consult with legal counsel of its own choosing prior to bidding at auction, agrees to be bound by all of the terms and conditions set forth herein, and that Acker has not provided any legal advice to Bidder in connection with these Conditions of Sale or the subject matter thereof.

11.	LICENSE NUMBER.

To the extent required by applicable law, each auctioneer is licensed pursuant to 30 Del. C. 2301(a)(3). The license number assigned to Acker by the Delaware Alcoholic Beverage Control Commissioner is 15350. For New York auctions, Acker Auction, Inc."s New York Auction License No. is 1413658. 






Asia Auction Conditions of Sale

BUYER’S CONDITIONS OF SALE

1. BUYER’S AGREEMENT.

By bidding at auction, the bidder at auction (“Bidder”) agrees that this Buyer’s Conditions of Sale (“Conditions of Sale”), together with the Collection and Shipment of Wines, Bottle Description and Absentee Bids, all published by Acker, Merrall & Condit (Asia) Limited (“AMC”), and all incorporated into the Conditions of Sale, constitute Bidder’s entire agreement (the “Agreement”) with AMC and the seller (“Seller”) with respect to the property (“Property”) listed in this catalogue. AMC may amend the Agreement from time to time and at any time before, during and after any auction through posted notices, addenda or errata or through oral salesroom announcements during the sale. By bidding at auction, Bidder agrees to be bound by all terms and conditions of the Agreement.

2. AMC AS AGENT.

Except as otherwise stated in the Agreement, AMC acts strictly as agent for the Seller. The Agreement for the sale of all Property is therefore between Seller and the highest Bidder accepted by the auctioneer (“Buyer”). Property is divided into separate groupings as solely determined by AMC and each such grouping (a “Lot”) is subject to a separate bid at auction.

3. BEFORE AUCTION.

a) Inspection. Prior to auction, Bidder is expressly advised to physically inspect any Property in which Bidder is interested in bidding and to rely on such inspection, as opposed to descriptions in the catalogue or elsewhere. While AMC attempts to describe all Property with accuracy, AMC shall in no event be liable for any oral or written description of Property, or for any errors or omissions relating thereto. ALL PROPERTY IS SOLD “AS IS.”

AMC may seek views of outside experts either before or after the sale on certain Property, which may be marked to indicate that the expert has inspected Property. The auction venue has not selected or inspected any Property to be sold at this auction and disclaims any and all responsibility therefor..

b) No Guarantee. In no event whatsoever do Seller or AMC or any of their respective officers, employees or agents make any oral or written express or implied representations, warranties or guarantees as to the merchantability, fitness for a particular use, the correctness of any catalogue description or other description as to the origin, physical condition, quality, rarity, authenticity, attribution, value, estimated value, importance, provenance, exhibition history, potability, historical relevance or bibliographic references concerning any Property.

c) Bidder Registration. To bid at this auction, Bidder must complete and sign a registration form and provide identification and proof of age. AMC may also require Bidder to produce bank or other financial references. AMC retains the absolute right to refuse any prospective Bidder admission to, or participation in, any auction.

d) Importation. Buyer is expressly advised to read the Collection and Shipment of Wines form, which is part of this Agreement. Various jurisdictions prohibit the importation, or limit the quantity, of alcoholic beverages that may be brought or shipped into such jurisdiction. In addition, various jurisdictions may require Buyer, Seller or shipper to possess certain licenses or permits. Moreover, local laws may prohibit the importation and/or the resale of wine. It shall be Buyer’s sole responsibility to determine if such prohibitions, restrictions or limitations are applicable to Buyer and to determine before bidding at auction whether, and in what manner, alcoholic beverages can legally be brought into any jurisdiction. The prohibition or denial of, or delay in obtaining, any such permit or license shall neither justify the rescission of any sale nor any delay in making full payment for the purchase.

AMC makes no representation or warranty as to the legal right of any party to ship or import alcoholic beverages to, from, or into any jurisdiction. Further, AMC assumes no obligation and bears no responsibility whatsoever for applying for or obtaining any such permits or licenses.

e) Exportation. Property sold at auction may be subject to laws governing exportation from Hong Kong. It shall be Buyer’s sole responsibility to determine – before bidding at auction – whether an export permit or license is required for Buyer’s purchase and to obtain any such required permit or license. The denial of, or delay in obtaining, any such permit or license shall neither justify the rescission of any sale nor any delay in making full payment for the purchase.

AMC makes no representation or warranty as to the legal right of any party to ship or export alcoholic beverages to or from any jurisdiction. Further, AMC assumes no obligation and bears no responsibility whatsoever for applying for or obtaining any such permits or licenses.

f) Absentee Bidding. Bidders are expressly advised to read the Absentee Bids form, which is part of this Agreement. As a courtesy to Bidders neither present at the auction in person nor through an agent or by telephone, AMC will enter written absentee bids delivered to AMC prior to the auction, which may be over the Internet. Absentee bids must be placed in the currency of the place of sale. If AMC receives identical written bids for a particular Lot and these bids are the highest amount for that Lot at auction, such Lot will be sold to the absentee bid first received. The entry of written bids is a free service offered strictly as an accommodation to Bidders and is undertaken by AMC subject to its obligations at the time of auction. Accordingly, AMC is in no event liable for any errors or omissions in executing such written bids or for any failure to execute any such bids.

g) Telephone Bidding. Prior to the day of auction, Bidders may make arrangements with AMC to bid at auction by telephone. Telephone bidding is offered as a courtesy to Bidders who cannot be present at the auction in person, by agent, or by written absentee bid. The entry of telephone bids is a free service offered strictly as an accommodation to Bidders and is undertaken by AMC subject to its obligations at the time of auction. Accordingly, AMC is in no event liable for any errors or omissions in executing such telephone bids or for any failure to execute any such bids.

4. AT AUCTION.

a) Catalogues. Bidders are expressly advised to read the Bottle Description form, which is part of this Agreement. While AMC has attempted to describe each Lot in this catalogue accurately, in no event shall AMC be liable for any description or error or omission in such description. AMC retains the absolute right to amend at any time prior to and during the auction and in any manner any description of any Lot. Classifications in the text are for identification purposes only and are based on standard sources. Each statement contained in this catalogue and each other statement, whether oral or written, and whether made in an advertisement, bill of sale, addendum, notice, announcement or other written or oral communication, is a statement of opinion ONLY and shall not be relied upon by any Bidder. Bidders must make appropriate allowances for natural variations of ullages, conditions of cases, labels, corks and wine. In no event shall AMC accept a return, offer credit for, or adjust the price of any Property after delivery except under the terms stated in Section 5 (d) below. Images appearing in this catalogue or elsewhere are for illustrative and informational purposes only, and may not reveal defects or imperfections in any Lot. Bidders are urged not to rely on catalogue images in determining whether to bid on Property, and are strongly encouraged both to review the relevant AMC auction catalogue entry and to personally inspect any Property prior to placing bids.

b) Reserve Price. Each Lot is sold subject to a reserve price, which is the minimum price below which the Lot will not be sold. While AMC has the right to raise or lower the reserve price at any time prior to the time the Lot is opened for bidding, under no circumstance shall the reserve price for a Lot exceed the low estimate for that Lot as printed in the catalogue or as amended by oral or posted notices.

c) Estimates. Each Lot in the catalogue is accompanied by a low and high estimate of the selling price, excluding the Buyer’s premium and any taxes. Where possible, estimates are based on past sales of comparable property, and while they are intended as a general guide for prospective Bidders, in no event do they constitute either a representation or a prediction of an actual selling price and should not be relied upon as such. AMC determines estimates in advance of the sale and reserves the right to revise estimates to reflect current market conditions.

d) Bidding. Warranties. By bidding at auction, whether in person, through absentee bidding, telephone bidding, Internet bidding or otherwise, Bidders represent and warrant that (i) they are at least twenty-one (21) years of age, (ii) they have the legal authority, right, and capacity to buy, receive, possess and otherwise deal in any Lot purchased, and (iii) any bids made by Bidder or on Bidder’s behalf are not pursuant to any anti-competitive agreement and are otherwise in compliance with all applicable laws.

Bids per Lot. Unless otherwise announced by the auctioneer, all bids are per Lot in consecutive numerical order as they appear in this catalogue.

Bidding up to but not at the Reserve Price. Subject to the auctioneer’s discretion, bids shall be entered in the order in which they are received. The auctioneer may open bidding on any Lot by placing a bid on behalf of the Seller. The auctioneer may further bid on behalf of the Seller up to but not at or exceeding the amount of the reserve price by placing successive or consecutive bids for the Lot, or by placing bids in response to other Bidders.

Bidding at and Beyond the Reserve Price. Once bidding has reached the Lot’s reserve price, the auctioneer will not bid on behalf of the Seller and will accept bids only from parties other than the Seller or the Seller’s agent.

No Sellers Bidding. Sellers have agreed not to enter a bid or to cause a bid to be entered on their behalf on any Lot of which they are the owner.

Bidding by AMC. AMC reserves the right to bid for its own account on any Lot at any auction, subject to the same terms and conditions applicable to all other Bidders and Buyers.

Bidding Not Reaching the Reserve Price. If bidding on a Lot does not reach the reserve price, the auctioneer may remove the Lot from sale. At the time of such removal and before bidding on another Lot begins, the auctioneer shall announce that the removed Lot has been “passed”.

Hammer Price. The highest bidder accepted by the auctioneer will be Buyer and the striking of the auctioneer’s hammer marks the acceptance of the final bid as the “hammer price” and the creation of a contract for sale between Seller and Buyer.

Passage of Title. Buyer hereby acknowledges and agrees that title of any Lot shifts to Buyer upon the issuance of the final invoice provided to Buyer by AMC (“Final Invoice”). Buyer hereby names and authorizes AMC as Buyer’s exclusive agent to store or take any other action authorized by this Agreement until Buyer remits payment for the Final Invoice in full to AMC. Buyer acknowledges and waives the right to take possession of any purchased Lot or Lots until Buyer remits payment in full of the Final Invoice to AMC.

No Liability.  In no event shall AMC be liable for any errors in entering any bids or for failure to enter any bids.

e) Parcel Lots. In the event the catalogue lists a sequence of Lots carrying the same estimates and consisting of the same type of wine, quantity and bottle size (a “Parcel”), Buyer of the first Lot in such Parcel may, in the discretion of the auctioneer, be granted the option to buy any or all additional Lots in the Parcel for the same hammer price if there is no higher absentee bid on any subsequent Lot within the Parcel. If the option is not exercised on all such Lots, the auctioneer will open bidding on the next unsold Lot and may elect to offer Buyer of that Lot the option to take any or all of the remaining Lots in the Parcel. Bidding shall continue in the same manner until all Lots in the Parcel have been offered and declared sold or unsold by the auctioneer.

f) Auctioneer’s Discretion. AMC and/or auctioneer has the sole and absolute discretion to: (i) withdraw any Lot; (ii) divide any Lot; (iii) combine any two or more Lots; (iv) refuse any bid; (v) advance the bidding, including changing the increments, in such a manner as AMC and/or auctioneer may see fit; and (vi) in the event of error or dispute, in order to determine the successful bidder, to continue the bidding, cancel the sale, or reoffer and resell the disputed Lot. Wherever AMC and/or auctioneer exercises its discretion, its decision is final, binding and conclusive in all respects.

g) Property in which AMC has an Economic Interest. Lots in which AMC has an economic interest will be so designated by a * symbol in the header of the first page where such Lots appear, or next to the first lot for the applicable consignment where there is no header.

h) Buyer’s Premium. A Buyer’s premium of twenty-four and one-half percent (24.5%) shall be added to the hammer price.

5. AFTER AUCTION.

a) Payment. When Due. Final Invoices are rendered reflecting the final purchase price within seven (7) days following each auction. Buyer may pay each invoice upon receipt, but in any event must pay each invoice within thirty (30) days following the date of auction. All payments received more than thirty-five (35) days after the date of auction will be subject to an interest charge of 1.5% per month until the invoice is paid in full, notwithstanding any other provision of these Conditions of Sale.

Method of Payment. Payment may be made by cheque or wire transfer. All cheques returned unpaid will be subject to a HKD 800 processing fee. Visa, MasterCard and American Express are accepted for purchases of HKD 150,000 and less. No other credit cards will be accepted. Please contact us at info@ackerasia.com for wire instructions, or if you have any questions.

b) Release of Purchased Property. Once payment in full of the final purchase price has been received by AMC, and subject to Buyer’s compliance with the other terms and conditions of the Agreement, the purchased Lots will be released to Buyer. Any Lot not collected by Buyer within thirty (30) days following the auction will be removed to storage by AMC and the costs of packaging, handling, removing, insuring, and storing that are incurred by AMC in connection therewith shall be assessed as set forth in the Collection and Shipment of Wines form. Any such Lot will be released from storage only after payment is made in full of the aforesaid costs at the applicable rates then in effect.

c) Packing and Shipping. Buyer is expressly advised to read the Collection and Shipment of Wines form.

By AMC. Subject to the terms of the Collection and Shipment of Wines form, all packaging, handling, transporting, insuring, and delivering of purchased Property are the sole responsibility of Buyer and occur at the sole risk and expense of Buyer, whether or not Buyer engages AMC for such purpose. Buyer shall pay AMC in advance for all expenses incurred by AMC in engaging such services unless AMC chooses in its sole discretion to bill Buyer after such services are performed.

By Third Parties. AMC, on behalf of Buyer, will follow Buyer’s instructions in arranging the delivery of the purchased Property by a carrier selected by Buyer; provided, however, that AMC shall not be responsible for any acts or omissions of any carrier or shipper, including, without limitation, any packing, handling, transporting, insuring or delivering of any Property and any storage or shipment of Property under inappropriate conditions.

d) Rescission. AMC’s Limited Guarantee. If, within ninety (90) days after the auction, Buyer of a Lot notifies AMC in writing that such Lot is short or is in unsound condition (e.g., cooked and spoiled), or that any statement made in AMC’s offering materials concerning such Lot is materially incorrect, AMC shall be the sole arbiter, by way of inspection or by such other reasonable means as it sees fit, of the validity of such claim between Buyer and Seller and shall make a final decision binding of Buyer and Seller based on its determination of the validity of such claim. No claim made by Buyer under the preceding sentence shall be addressed by AMC unless all Property in question (i) has the AMC auction sale date reference sticker on its bottle, (ii) is in the same condition in which it was delivered to Buyer, and (iii) has been shipped to and from Buyer and stored under appropriate conditions. Having decided any such claim, AMC may, in good faith, direct that the sale either stand or be rescinded and that the final purchase price be refunded either in whole or in part. By bidding at auction, Bidder agrees for itself and its successors and assigns that (i) it hereby waives any right to make any claim or bring any legal action against AMC resulting from any determination made or failed to be made by AMC under this Paragraph 5 (d), and (ii) in the event that Buyer fails to provide timely and proper notice to AMC under this provision, Buyer shall be deemed to have waived the right to rescission as herein provided.

Rescission available solely to Buyer. The remedy of rescission, if AMC elects to rescind under the circumstances, is available solely to Buyer of Property, who must have remained the sole owner thereof with no transfer of any interest therein to any third party.

Buyer’s Sole Remedy. The refund to Buyer of the purchase price for Property shall be Buyer’s sole remedy for any matter relating to the condition of Property, and such remedy shall be available only if Buyer received such Property from AMC. In no event shall AMC be liable for any indirect, special, punitive, consequential, loss of profit or other damages, including, without limitation, attorneys’ fees and expenses, no matter how arising, and AMC’s maximum liability shall be the amount paid by Buyer (exclusive of all taxes) for any Property that is subject to return as permitted hereby. Seller shall have no other liability of any nature or kind under this Agreement, in tort or otherwise, whether at law or in equity, with respect to this Agreement or the offer, purchase and sale of any wine comprising the purchase and sale of Property.

Different Importers. Although AMC makes an effort to state in the catalogue if a Lot includes wines from different importers, failure to so state is not grounds for rescission of the sale of any Lot. Similarly, any incorrect statement or omission in the catalogue concerning bottles and/or sequence numbers of Property from those producers that number their bottles comprising Property, is not grounds for rescission of the sale of any Lot.

e) Default by Buyer. If Buyer fails to make payment in accordance with the Conditions of Sale within ninety (90) days following the auction, AMC may, in its absolute discretion:

i. Cancel the sale;

ii. Resell Property publicly or privately for Buyer’s account and at Buyer’s risk and charge Buyer for any deficiency between the final bid in the resale and the final bid placed by Buyer, in addition to all costs and expenses of both the initial sale and the resale at AMC’s regular rates and the Buyer’s premium due in connection with the initial sale;

iii. Set off all sums due from Buyer against any amounts which AMC may owe to Buyer;

iv. Exercise all the rights and remedies of a party holding a priority perfected security interest in any Property or other property in AMC’s possession owned or consigned by Buyer;

v. Collect from Buyer the total amount due plus any loss, cost or expense incurred by AMC in effecting such collection;

vi. Charge Buyer interest at the rate of eighteen percent (18%) per annum on all sums due from Buyer;

vii. Collect from Buyer the fees, expenses, and disbursements of legal counsel to AMC incurred in exercising any one or more of the rights or remedies set forth in this Agreement;

viii. Not permit Buyer directly or indirectly to participate in future AMC auctions;

ix. Exercise any right or remedy against Buyer available to Seller; and

x. Assert any other rights or remedies available at law or in equity.

AMC may, in its discretion, exercise any one or more of the preceding remedies or any combination thereof.

f) Buyer’s Indemnity. Buyer shall indemnify, defend, and hold AMC, and its officers, directors, employees, and agents, harmless from any loss, expense (including attorneys’ fees and expenses, which shall be paid in advance), liability, costs, or damages incurred by reason of (i) any breach or alleged breach of any warranty herein or breach of this Agreement by Buyer, (ii) any inaccuracy of any certificate, document or instrument delivered by Buyer pursuant to or in connection with this Agreement, and (iii) any act or omission of Buyer, its agents or employees, adversely affecting Property. Buyer’s representations, warranties and indemnification will survive completion of the transactions contemplated in this Agreement.

g) Copyright. AMC reserves copyright in all images, illustrations and written material produced by or on behalf of AMC, including, without limitation, the content of this catalogue (collectively, “Material”), and in no event may Buyer or any third party use any of Material without AMC’s prior written consent. In no event do either AMC or Seller make any representation or warranty that Buyer will acquire any copyright, reproduction right or any other intellectual property right in any Property.

6. GENERAL TERMS.

a) Headings. The section headings in this Conditions of Sale are for convenience of reference only and shall not be considered as substantive parts of this Agreement.

b) Entire Agreement. This Agreement (including all instruments incorporated by reference) constitutes the entire agreement between AMC and Buyer pertaining to the subject matter hereof and supersedes any and all prior discussions and agreements between them. This Agreement may not be amended, nor shall any waiver, change, modification, consent or discharge of any part of this Agreement be granted, except by an instrument in writing executed by both AMC and Buyer. Any failure by AMC to enforce any provision of this Agreement shall not operate as a waiver of such provision.

d) No Joint Venture. No provision of this Agreement shall be construed to create any agency, partnership, or other joint enterprise between AMC and Buyer.
e) Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of Hong Kong without
f) Dispute Resolution. Any and all disputes or controversies arising under or relating to the interpretation or application of the terms of this Agreement or any extension or modification thereof, or the asserted breach thereof by any party, shall resolved through final and binding arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the notice of arbitration is submitted in accordance with such rules.  There shall be one arbitrator, and the arbitration proceedings shall be conducted in English.  Any arbitrator so appointed shall be empowered to, in addition to awarding actual money damages (but not punitive damages) against the party found to have violated this Agreement, grant in his award, injunctive or other types of equitable relief, to enforce specific performance of this Agreement, and to prevent any continuing or further violation of its terms.  Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction there.  The cost of such arbitration shall be borne equally by the parties, except that each party shall be responsible for its own attorneys’ fees.

7. LANGUAGE.

In case of any conflict between the English and Chinese versions of this document, the English version shall prevail.






Important Notice Regarding Shipping

Acker Merrall & Condit (“AMC”) is not permitted to, and does not, ship retail purchases of wine or alcoholic beverages outside of New York or California. AMC shall have no obligation to ship or otherwise deliver purchases to you outside of New York and California. All purchases are subject to AMC’s Retail Conditions of Sale if purchased at retail or our Auction Conditions of Sale if at purchased at auction, including all terms therein regarding the collection and delivery of property as well as applicable taxes. You or your designated agent may pick up purchased goods at AMC’s facilities in New York. As set forth in the applicable Terms and Conditions, If you cannot pick up the goods and require alternate arrangements for storage and/or shipping outside of New York or California, AMC will transfer your purchase to World Wide Cargo Services, Inc, to be stored until arrangements to pick up the property are made or shipping is arranged through World Wide Cargo Services, Inc, unless you direct us to deliver to another storage provider or shipping agent within New York State. AMC does not arrange shipping outside of New York or California. If you wish to provide shipping instructions here, such information will be transferred to World Wide Cargo Services, Inc for use in arranging such shipping. Prices listed here are those currently charged by World Wide Cargo Services, Inc, and any charges for shipping or storage shall be billed independently by World Wide Cargo Services, Inc. PLEASE NOTE, World Wide Cargo Services, Inc is an independent company and AMC is not responsible for its actions or its failures to act. Should you opt to have your goods placed in storage, once the goods are delivered to the World Wide Cargo Services, Inc or another designated storage company, they belong to you and you accept any subsequent risk of loss or damage.

Title to all purchases shall pass to you in New York. You agree that AMC will collect and you will pay the applicable New York state and local sales tax, unless shipping is requested to California, where AMC is permitted to ship alcoholic beverages. In such case AMC will arrange shipping and you agree that AMC will charge and you will pay the applicable California state and local sales tax. If after delivery of the goods to you, you request that your agent transfer the goods to you in another state, you understand and agree to be responsible to comply with the laws of the state into which you transfer the goods. You should check that states rules, regulations and limitations and you must pay any applicable sales, use or excise taxes. PLEASE NOTE THERE ARE STATES THAT FORBID THE TRANSFER OF WINE OR SPIRITS INTO THE STATE EXCEPT UNDER VERY LIMITED CIRCUMSTANCES. MAKE CERTAIN YOU KNOW THE LAW AND COMPLY.
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