Watch/Track Auction Lots
Paying for Your Wine
Sell Your Wine
Emails About Your Transactions
K&L Wine Auctions Terms and Conditions of Sale
Please click the headings below to expand categories.
K&L Wine Auctions FAQ
K&L Wine Auctions allow customers to buy and sell some of the world’s most coveted wines in a secure and convenient venue. Since 1976, we have been a trusted wine retailer with thousands of loyal customers visiting our stores and website each day. We bring that trusted reputation to our online wine auctions, where you can rest assure all auction items have been closely inspected for authenticity and held to strict quality standards.
To participate in K&L Wine Auctions, you must first become a registered customer. If you don’t already have an account,
sign-up for free
. Please note, in order to place bids on K&L Wine Auctions, you must have a current credit card on file and a shipping address within a state that allows the Buyer to import alcohol directly.
Once you have registered for a K&L customer account with a valid credit card on file, you may begin bidding on active auction lots. Simply click the “Place Bid” button next to any lot to enter your maximum bid. For more detailed information about bidding, please refer to the “Placing Bids” section below. If your credit card is expired, the computer will prompt you to enter a new card before accepting your bid.
Sellers should also have a K&L customer account to sell wine. Go the “My Account” section of the website, and select “
Auctions - Selling
” to submit a list of your wines, check the status of your current lots or view your lot history. You may also submit a list of your wines by emailing firstname.lastname@example.org. Please include provenance and storage information with your list. For more information, please refer to the “Sell Your Wine” section below.
Sell Your Wine
Selling your wine through K&L Wine Merchants is both safe and effective. To get the ball rolling, go to the “
Auctions - Selling
” page in the My Account section and submit a list of your wines to the Auction Department (Excel format is preferred). You may also submit a list of your wines by emailing email@example.com. Please include provenance and storage information with your list. A buyer will contact you regarding the sale of your wine. We appreciate your patience as we research the value of your collection.
If you are located outside of California, we can assist you with shipping your wines to our Northern California facility for inspection prior to the auction. Any shipping charges K&L incurs will be deducted from your final auction proceeds. If you are local, we can arrange a time for you to drop wine off at any of our retail locations free of charge or our auction headquarters.
Once we have received your wines, we will inspect them to ensure their quality and authenticity. You will receive a confirmation report showing the bottles in our possession, the bottle conditions, final reserves and lot groupings. After photographing and reviewing all current tasting notes to include with the listing(s), your wine will go up on our website for a 7 day auction period. Please note that not all lots from one consignment will be listed at the same time and that we will find the most appropriate time to list each lot.
Sellers may not bid on their own lots or participate in any activity to intentionally drive up the cost of their lot.
Upon completion of the auction, you will receive notice of the winning purchase price and may choose to receive a check for your wine, less commission and listing fees, or K&L Wine Merchants store credit. Sellers who select our store credit option will have their Seller Commission waived (listing fees still apply). The K&L Wine Merchants store credit may be used on anything K&L sells at retail, excluding auctions. Sellers will receive their payment within 30 days of the auction end date.
The K&L site incorporates our active auction lots with our current retail inventory, giving further exposure to your wine. You can review our inventory using the search bar at the top of the page or sort by variety, country, sub-region, and product type or bottle size.
It is also possible to review and search our previous auction results here:
In order to place bids on K&L Wine Auctions, you must be logged into your customer account, have a current credit card on file and a shipping address within a state that allows the Buyer to import alcohol directly.
When you place a bid, enter the maximum amount you're willing to pay for the item (the minimum bid will be displayed in parentheses below the bid box). The seller and other bidders don't know your maximum bid. Only the current bid and previously placed bids are visible to the public.
Once you enter your maximum bid in the field provided and click the “Place Bid” button, you will be taken to the bid confirmation page to review and confirm your bid. After your bid has been placed, you will receive an email confirmation for your records.
If you do not receive a confirmation email, your bid may not have been recorded. Please check the “Auctions – Buying” section of the “My Account” page or contact the Auction Department to confirm that your bid was recorded if you do not receive a confirmation email.
At any time, you may view your bid history and/or increase your maximum bid by going to the “My Account” section of the website and selecting “
Auctions - Buying.
K&L’s automatic bidding system makes bidding easier and less time consuming:
Your maximum bid reflects the most you are willing to pay for the lot.
When placing a maximum bid, it must be equal to or higher than the bid increment for the lot (see chart below). The increment amount is determined by the current bid.
Your bids will be placed automatically in reaction to a competing bid. The automatic bidding system will only bid the minimum amount necessary to make sure you remain the high bidder, up to your maximum bid. If you and another bidder bid the same amount on a lot, the bid placed earliest takes priority.
If your maximum is outbid, we will notify you via email so that you have an opportunity to raise your maximum bid before the auction ends. Please note each auction has a defined end time and no bids will be accepted if placed after that time.
Make sure you have correctly entered in your maximum bid since this will be considered a binding contract to buy if you should you win the lot. Therefore, only bid on items that you intend to buy.
When you bid on a lot with a reserve price that is higher than the starting bid, and your maximum bid meets or exceeds the reserve, your current bid will be automatically increased to meet that reserve price.
For example, if Lot X has a reserve of $100 but a starting bid of $1, and Bidder A bids $10, then the current bid will move automatically to $10 and display “Reserve not met.” If Bidder B places a bid on the same lot for $150, the current bid will move up to $100 (the amount of the reserve) and the reserve is met. If nobody else places a bid, Bidder B will win at the price of $100.
If you place a bid on a lot with a reserve, and your maximum bid is less than the reserve for such lot, then your current bid will increase to display its maximum value.
For example, if Lot X has a reserve of $100 and a starting bid of $50, and Bidder A places a bid of $75, then the current bid will move up to $75 even if bidder A is the only bidder on the lot. Since the reserve is not yet met in this scenario, your maximum bid would not be considered a winning bid. A lot must reach or exceed the reserve in order for it to be eligible for sale to the highest bidder.
Bid Increments: Each auction lot follows a bid increment based on the current bid on the item (see table below).
Bid Increment Value
Maximum bids must meet or exceed the minimum bid (one bid increment above the current bid amount); however they need not be whole numbers or multiples of the bid increment.
Your maximum bid can be increased by more than the standard increment if it is necessary to beat another maximum bid placed ahead of yours.
For example, Lot A has a current bid of $100, and the winning bidder (Bidder A) has a maximum bid of $125. If Bidder B places a bid at $130, the current bid would jump to $130 with Bidder B as the current winning bidder. The bid history will show the sequence of bids including the automatic (proxy) bid of $125 by Bidder A.
It is also possible to get outbid by less than a full increment. The winning bid needs only to be higher than the next highest maximum bid by one cent.
For example, Bidder A places a bid of $120 on a lot with a $100 reserve. Bidder A is the current high bidder at $100. Bidder B then places a bid of $105, which causes an automatic bid of $110 on behalf of Bidder A, and outbids Bidder B. If a third bidder (Bidder C) places a bid at $120.01, then Bidder C becomes the current winning bidder at $120.01. Bidder C’s bid is both higher than $115, the next minimum bid per the $5 increment, as well as Bidder A’s maximum bid of $120. Bidder C would not have known that Bidder A’s maximum bid was $120, since only the current bid is visible to the public.
Each lot will show a link with the Bid History.
The bids are shown in chronological order from when they were placed on the auction lot.
Gray italicized text indicates an automatic (proxy) bid placed by K&L Wine Auctions on behalf of the bidder in reaction to another bid. Automatic bids display the bid date and time of the originally placed bid.
Automatic (proxy) bids are displayed in the bid history in the order they get placed by the automatic bidding system to show their role in the bidding sequence.
Watch/Track Auction Lots
To follow an auction lot, select the button on the lot detail page that says “Add to Watch List.” You’ll receive an email confirmation with the current bid, the lot end date and time information and a link to the auction lot on KLWines.com. For any lots on your watch list, you will receive a 24-hour reminder email notice as well a notice when the lot closes with the selling price. You must be logged into your K&L account to manage your watch list or place bids.
To view the lots you are tracking, please visit the “Auctions-Buying” page in the My Account section of the site. You can bid directly from this page, or click the lot name to go to the detail page. The Watch List is divided between active lots and lots that have closed. The list will default to show only active lots, but select the “closed” link to view past tracked lots. If you want to be notified when a particular wine comes up for auction, select the keywords for email notification link and add preferred wines.
Paying for Your Wine
As the winning bidder, you will receive an email notification directly following the auction close that provides a link to confirm your order and select shipping preferences. You must do this within
of the auction end date or the total purchase price will be automatically charged to your credit card on file. You may also call 650-591-1705 to confirm your order over the phone. The auction lot will remain in our fulfillment center until you arrange to claim your merchandise.
If K&L places your order after the 3-day window period has expired, we reserve the right to charge any valid card on file should the default credit card be expired or declined for other reasons.
You may only pay for your wine with a credit or debit card.
Title to the property will not pass from Seller to Buyer until full payment is received by K&L Wine Merchants. Any applicable storage or shipping charges must also be received prior to the release of the lot.
If you are interested in K&L Wine Merchants temperature-controlled lockers available in our San Carlos, California fulfillment center for thirty-seven dollars ($37) per month, please contact
Emails About Your Transactions
K&L Wine Merchants keeps both Buyers and Sellers informed with email notifications about the status of auction lots.
Bidders will receive a variety of emails including bid confirmation notices, outbid notices, winning bid notices, and shipping notices.
Sellers will receive a variety of emails keeping them up to speed on their auction lots. Sellers will receive a notification when their auction lots are uploaded to their customer account and when we’ve initiated the first lot in the consignment. They will also receive an email each time a lot sells or if a lot ends without a winner. In addition, sellers are contacted by a customer coordinator to discuss a payment plan.
It is very important to keep your email address up-to-date in order to receive these critical notifications. You can always reach an Auction Department by sending a message to
To update your email address, go to the My Accounts section of the website and click ‘Account Profile’ to make changes to your contact information.
Non-local Sellers will need to ship their wine to our Northern California fulfillment facility for inspection prior to sale at auction. We will send you a pre-paid shipping label to use and if necessary, proper packing materials. In the case of large consignments or periods of extreme weather, alternative shipping arrangements may be made.
The shipping costs will be deducted from your final payment after the wine has been sold.
Upon receiving your shipping label and packing materials, please safely pack your wine and include a signed copy of your Auction Consignment Form. You will be able to drop the packages off at a local FedEx or UPS office or arrange a pick-up from your home.
For wine being shipped FedEx or UPS, we require the use of Styrofoam wine shippers. If proper packing materials are not used, K&L cannot be held liable for any breakage during transit.
If the wine is not in the same condition as indicated in the Seller’s original list and/or is not the correct wine, Seller will be responsible for paying for the outstanding shipping costs as well as the fees incurred in returning the wine to the original address should K&L not be able to proceed with the auction.
All purchased auction items may be arranged for shipment on behalf of the Buyer from our Northern California warehouse after receiving payment of the purchase price and pre-paid shipping charges.
The Buyer may also arrange to pick up the wine from any of our retail locations in Redwood City, San Francisco or Hollywood, California free of charge. Local deliveries to certain zip codes can be arranged by contacting the Auction Department.
Buyer will have an opportunity to select their shipping preferences, provided the requested shipping address is within a state that allows the Buyer to import alcohol directly. If a customer lives in a state where importation of wine by a consumer violates the law, we suggest that the customer provide an alternative address in another state or have their wine shipped to a third-party storage facility in a direct shipping-friendly state.
We automatically include insurance for a nominal fee on all auction orders at the time of shipment (excludes Will Call orders). If the Buyer declines insurance, a written acknowledgement to hold K&L without fault for any damage during shipment is required.
NO BUYERS PREMIUM
– K&L Wine Merchants charges no buyer’s premium on auction lots, unlike most other auction houses that impose a premium on the highest bid.
– K&L has a competitive seller’s commission on auction lots. If the seller takes payment by check, K&L charges a flat 15% seller’s commission and no buyer’s premium. Seller’s that take payment for a lot in store credit will get 100% of the selling price back in the form of a K&L gift card, less the listing fee.
Sellers may break up their payment between these two options if auctioning multiple lots, however each lot must be taken entirely in store credit or check payment. If you auction a single lot, you must choose payment by check or in store credit, not a combination of the two.
– There is a $5.00 listing fee for each auction lot, subtracted from the Seller’s final payment.
– All K&L customers benefit from our greatly reduced shipping rates. Buyers should note that shipping is not included in the winning bid. Sellers will pay for the shipping materials and rates associated with sending their wine to K&L Wine Merchants for inspection. Shipping insurance is required for both Buyers and Sellers.
*Please Note: We make no profit on our shipping rates, passing the savings onto our customers.
A bid placed on behalf of a bidder in reaction to a competing bid. An automatic bid will only reflect the minimum amount necessary to keep the bidder in winning position, up to their maximum bid. Automatic bids are displayed in gray italics in the Bid History for a lot.
Below Reserve Offer:
An offer extended by the Seller to the highest bidder, whose bid remains below the reserve amount after the auction close. Bidders are under no obligation to accept this offer since their bid did not meet the reserve. Bidders have a 3-day time frame to place their order, or the offer may expire.
The minimum amount a bidder must raise their bid from the current bid. Bid increments grow in amount as the current bid increases.
A fee that many auction houses charge the winning bidder on top of the final hammer price. K&L DOES NOT CHARGE A BUYER’S PREMIUM!
The owner who is transferring property to K&L to sell at auction.
The current winning bid on an auction lot, viewable to public. The current bid is the basis for the bid increment, which can change as the current bid increases through the course of an auction period. The current bid may not reflect the maximum bid placed by an active bidder in the auction.
The final and winning bid price that is recorded when the bidding period on an auction lot ends.
An auction lot containing two or more different bottles of wine from the same vintage, usually from the same producer.
One or more bottles of wine offered for sale at auction as a single unit.
The highest amount a bidder is willing to pay for the lot. A bidder’s maximum bid amount is not published. K&L’s automatic bidding system will automatically place bids on the behalf of the bidder up to this amount in reaction to competing bids.
An auction lot containing two or more bottles of wine that are related in some regard, typically vintage, region, producer, etc.
Original wood case. If an OWC is available as part of an auction lot, it is noted in the lot listing name and generally included in the photo of the lot. Occasionally the original cardboard case is available for wines that come in such packaging. This is noted as “OCB.” For Champagne lots that have the original display gift box, this will be noted as “Gift Box.” OWC boxes will ship separate from the wine to protect the bottles and will be automatically assigned the least expensive shipping option (does not apply to Will Call orders). If the buyer does not the box, they must contact the Auction Department.
Information about how the seller of the wine has come to own the wine and how it has been stored in their possession.
The minimum purchase price that the Seller is willing to accept for the lot. The exact Reserve price may not be published should it differ from the starting bid.
Reserve Not Met:
When a bid is placed below the reserve, this message is displayed on the lot and indicated in the bidder’s confirmation email. You must raise your bid until this message no longer appears in order to have a winning bid. Sellers do have the option to extend a “Below Reserve Offer” to bidders after the auction period is over should the highest bid remain below the reserve amount.
Second Chance Offer:
An offer sent the second highest bidder in an auction. This happens if the original winner is unable or unwilling to purchase the lot and the runner-up is given the opportunity to buy the wine. The potential new winner has the option to accept or decline this offer.
A percentage of the Seller’s final auction sale price paid to K&L.
The opening and lowest acceptable bid for an auction lot. The Starting Bid may also be the reserve price, but not necessarily.
An auction lot containing two or more bottles from consecutive vintages of the same wine.
K&L Wine Auctions Terms and Conditions of Auction Sale
This web site is owned and operated by K&L Wine Merchants (“K&L,” “K&L Wine Merchants,” “we,” or “our”). “You” or “your” refers to the person or entity that is the seller or buyer of record. Because these terms and conditions may be modified from time to time, it is advised that you read these terms prior to every use.
All auctions are conducted in accordance with
California Civil Code sections 1812.600 through 1812.609
under the authority of K&L Wine Merchants’ California License No. 21-6256 and California Bond No. 70962486. K&L Wine Merchants’ business is based at 3005 El Camino Real, Redwood City, CA (Tel: 877-KLWines (877-559-4637)).
Please thoroughly read the K&L Wine Auctions Terms and Conditions of Sale to ensure that you understand all the terms governing the purchase of all property sold at auction on the K&L Wine Auction Website before using this web site or selling or buying property at auction. To participate in K&L Wine Auctions, both Buyers and Sellers must agree to these Terms & Conditions.
USERS OF THIS WEB SITE MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USE:
As a condition of use of this website, you expressly agree not to use this website for any purpose that is unlawful or prohibited by these terms and conditions.
Wines may ONLY be purchased AND/OR sold by and delivered to persons who are at least twenty-one (21) years old in the United States or such other minimum age as is required in foreign jurisdictions (“Legal Age”). Customer represents that: (1) Customer is at least of Legal Age; and (2) the person to whom any wine will be delivered is also of Legal Age. At the time of delivery, any domestic U.S. shipment containing an alcohol beverage product will require the signature of an adult possessing identification proving he or she is at least twenty-one (21) years old.
Each bid placed is considered a binding contract to buy if you should win the lot. Therefore, you should only bid on items that you intend to buy. Buyers who retract bids and/or refuse to pay for wine they have won will be subject to penalty including disqualification from any current and future K&L Wine Auctions.
Sellers are prohibited from bidding on their own items and/or taking any action to increase the bid on their lot. Sellers who knowingly submit counterfeit wines for auction or misrepresent their items will also be subject to penalty and held liable for any legal action taken in response to such fraudulent activity.
USERS OF THIS WEB SITE MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USE:
THE PROPERTY DESCRIBED ON THIS WEB SITE WILL BE OFFERED AT PUBLIC AUCTION BY K&L WINE MERCHANTS AS A MARKETING AGENT AND AUCTIONEER ON BEHALF OF THE SELLER UNDER THE FOLLOWING TERMS AND CONDITIONS:
NO WARRANTIES ON AUCTION ITEMS
Unless otherwise disclosed, Buyers should expect that all wine at auction has been inspected and pre-approved for label condition, bottle fill level, cork condition, capsule condition, and color by the K&L auctioneer or other qualified K&L employee.
EXCEPT FOR SUCH INSPECTION AND PRE-APPROVAL AND EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ALL WINE ISSUED IS SOLD “AS IS.”
While every attempt has been made to describe all property at auction as accurately as possible, K&L Wine Merchants does not warrant or represent, and denies responsibility for, the accuracy of the descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated on the site. Any and all statements made relating to the property offered on the site are merely statements of opinion and at no time can be construed as warranties and representations of fact or assumption of any liability on the part of K&L Wine Merchants. K&L is the agent of the Seller and is not responsible to you for any breach of contract or other default by any Seller.
Notwithstanding any other provisions of these Terms and Conditions, should K&L Wine Merchants receive any written claim within ninety (90) calendar days of the termination of the auction that any property is not of the vintage or from the producer as was represented by K&L, including without limitation that property is counterfeit, or that any property is with a shortage, or otherwise out of condition, or that any statement on the web site is without basis, then K&L Wine Merchants will judge such claims through inspection of the property or by any other reasonable means, and may refund the purchase price; provided, however, that Buyer directly purchased the property through K&L. At all times the decision of K&L Wine Merchants regarding the quality of property returned to K&L under this or any other provision of these Terms and Conditions in K&L’s capacity of auctioneer will be final and binding on all parties.
The wine industry estimates that between three (3) and seven (7) percent of all wines sealed with natural corks are ruined because of a natural fungus in corkwood that produces the chemical compound trichloroanisole (“TCA”) within the cork. TCA has a distinctive odor resembling moldy newspaper or a damp basement. In almost all cases of “corked” wine, the aroma of the wine is reduced significantly, and a heavily tainted wine is completely undrinkable. Since all of our wine is consigned, and much of it is very rare, we cannot replace wines that have been ruined because of cork taint.
WE DO NOT ACCEPT RETURNS OF CORKED WINE NOR DO WE REFUND FOR CORKED WINE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL K&L WINE MERCHANTS BE LIABLE FOR ANY LOST REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF K&L WINE MERCHANTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL K&L WINE MERCHANT’S LIABILITY TO YOU, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU IN THE APPLICABLE AUCTION TO WHICH SUCH LIABILITY RELATES. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMANGES, SO SOME OF THE TERMS ABOVE MAY NOT BE APPLICABLE TO YOU.
STARTING BIDS & RESERVES
The “Starting Bid” is the agreed upon opening bid price for an auction lot. At the start of auction, bidders must place a bid at, or higher, than the Starting Bid. Unless otherwise indicated, auction lots will also include a Reserve. A “Reserve” is the minimum purchase price that the Seller is willing to accept for the lot, however the exact Reserve will not be published. When auction lots have a Reserve, K&L may exercise its right to bid on the lot until the Reserve is met.
Until the Reserve is met, the listing will show the message “Reserve not met.” When you bid on a lot with a reserve price, if your maximum bid meets or exceeds the reserve, the current bid will automatically increase to meet that reserve price. For example, if Lot X has a reserve of $100, and Bidder A bids $10, then the current bid will stay at $10 and display “Reserve not met.” If Bidder B places a bid on the same lot for $150, the current bid will move up to $100 (the amount of the reserve) and the reserve is met. If nobody else places a bid, Bidder B will win at the price of $100.
If you place a bid on a lot with a reserve, and your maximum bid is less than the reserve for such lot, then your current bid will increase to display its maximum value. For example, if Lot X has a reserve of $100 and a starting bid of $50, and Bidder A places a bid of $75, then the current bid will move up to $75 even if bidder A is the only bidder on the lot. Since the reserve is not yet met in this scenario, your maximum bid would not be considered a winning bid. A lot must reach or exceed the reserve in order for it to be eligible for sale to the highest bidder.
Maximum bids must meet or exceed the minimum bid (one bid increment above the current bid amount); however they need not be whole numbers or multiples of the bid increment.
Bid Increment Value
If a bidder retracts his or her bid before the end of auction for any reason, K&L may cancel the lot to be relisted at a later time to avoid any corruption to the bidding process. We reserve the right to prevent the bidder from any future participation in K&L Wine Auctions as a result of bid retraction.
Once the auction has ended, the winning bid cannot be retracted. (See “Buyer Liability”).
The term “winning bid” as used herein shall refer to the highest price at which any lot is bid on before the auction ends. The purchase price due from the Buyer shall be the aggregate of the winning bid and any applicable sales or use tax. K&L Wine Merchants DOES NOT charge a Buyer’s Premium.
The highest acceptable bid received prior to the end of the auction date and time shall be from the Buyer, who will assume full risk and responsibility of the lot.
The Buyer will receive an email notification directly following the auction end time requesting that he or she sign into his or her account and select shipping preferences to complete the order. The Buyer will be charged at that time. The Buyer may also choose to pick up the wine at one of our three California retail locations free of charge, or keep the lot at our fulfillment center until a more desirable shipping date. See “Shipping” and “Storage” below for more details regarding shipping and storage pricing and time restrictions.
If the Buyer fails to confirm the order within three (3) days, the complete purchase price will be automatically deducted from the provided credit card and the auction lot will remain in our fulfillment center until contacted by the Buyer for shipment. Title to the property will not pass from Seller to Buyer until full payment is received by K&L Wine Merchants. No property will be released to the Buyer until K&L Wine Merchants receives all applicable state and local taxes or compensating use taxes of another state that K&L Wine Merchants may be required by law to collect. Any applicable storage or shipping charges must also be received prior to the release of the property.
Should any Buyer fail to fully comply with these Terms and Conditions of Auction Sale, K&L Wine Merchants may hold the Buyer liable for the purchase price or resell the property after reasonable notice is given to the Buyer. In the event of non-payment by the Buyer, or non-compliance by the Buyer with these Terms and Conditions of Auction Sale, K&L Wine Merchants reserves the right to take any and all appropriate or necessary actions including, without limitation, canceling or rescinding the transaction, reporting the defaulting Buyer to an appropriate credit reporting agency, charging the Buyer’s credit card for K&L Wine Merchant’s fees and expenses incurred in connection with the non-compliance (including the costs of the transaction itself), turning any amounts due and owing over to a commercial collection agency and/or taking any other action permitted by law. In no event shall K&L Wine Merchants be liable for any incidental or consequential damages to Buyer.
SECOND CHANCE OFFER
If K&L is unable to complete the sale with the original winning bidder, the second highest bidder may be notified that he or she has the opportunity to buy the item at a price equal to his or her last bid amount (“second chance offer”). The second chance offer lasts for three (3) days before the offer expires and the next highest bidder is notified. The second chance offer will never be automatically charged to the bidder’s credit card without his or her written consent.
SHIPMENT OF AUCTION LOTS
All purchased auction items will be shipped to the Buyer from our Northern California warehouse after receiving payment for the purchase price and pre-paid shipping charges. Buyer will have an opportunity to select his or her shipping preferences, provided the requested shipping address is within a state that allows the Buyer to import alcohol directly. If a customer lives in a state where importation of wine by a consumer may be questionable because of any state law or regulation, we require that the customer provide an alternative address in another state or have their wine shipped to a third-party storage facility in a direct shipping-friendly state. We require the Buyer to purchase shipping insurance for a nominal fee at the time of shipment. Buyer may also arrange to pick up the wine from any of our retail locations in Redwood City, San Francisco or Hollywood, California.
Unless you live on the West Coast, we strongly discourage you from selecting “Ground Service” as your shipping method. During the winter and summer months, weather conditions (temperature) and longer delivery times can often result in the spoilage of your order. We don't make an additional profit on accelerated delivery, but we frequently recommend faster shipping options to our customers outside the West Coast.
Currently, we can accept online orders for non-gift shipments going to Hong Kong, Japan and South Korea. Please note that duties, taxes, and tariffs due in Hong Kong, Japan and South Korea are not included in our quoted shipping rates. We are unable to ship distilled spirits. Within the “My Account” page, you may enter your address in Hong Kong, Japan or South Korea. You are responsible for determining your customs charges, and they will be due COD upon delivery in your country.
Since the sale of the wine between Seller and Buyer takes place at K&L Wine Merchants Northern California facility, the Buyer becomes the owner of the wine at the time of final payment.
Special Note: Though every effort is made to describe or measure the levels of older vintages, corks more than twenty (20) years old begin to lose their elasticity and levels can change between cataloguing and sale. Old corks occasionally fail during or after shipment. Buyers must understand that there is always a risk of cork failure with old wines.
UNDER NO CIRCUMSTANCES CAN AN ADJUSTMENT OF PRICE OR CREDIT BE MADE AFTER DELIVERY IF THE PRODUCT HAS BEEN AFFECTED BY CORK FAILURE.
K&L Wine Merchants will hold purchased auction lots for up to ninety (90) days, after which time, K&L reserves the right to charge the Buyer storage fees without his or her consent.
K&L Wine Merchants has new temperature-controlled lockers available in our San Carlos, California fulfillment center for thirty-seven dollars ($37) per month. Lockers are identical in size and hold twenty-four (24) cases in wood or thirty (30) cases in cardboard. If you are interested in securing a locker to store your auction items, please contact firstname.lastname@example.org.
LIABILITY FOR LOSS WHILE AUCTION LOT ITEMS ARE IN K&L WINE MERCHANTS’ CUSTODY
While in possession of auction lot items, K&L assumes responsibility for insuring such items against loss by theft, fire or by any causes beyond K&L’s reasonable control. When the auction lot items are either shipped to the Buyer or returned to the Seller, K&L Wine Merchants assumes no responsibility for the shipment. Wine shipments cannot be insured against loss resulting from hot or cold temperatures; we strongly suggest using accelerated shipping methods, or delaying shipments until weather conditions are moderate.
All K&L Wine Merchants auctions are conducted in U.S. Dollars ($). The credit card of each winning bidder will be charged in U.S. Dollars ($) for the winning bid and shipping cost. The actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company when you are actually charged.
The level of wine in the bottle is an important influence on the quality of the wine. For Bordeaux, Port, California Cabernet Sauvignon, and other wines in bottles with defined shoulders, the designations appearing below will be used for all K&L Wine Auctions:
Neck levels are the normal fills of young wines.
Bottom neck levels are acceptable for all wines.
Neck/shoulder levels are acceptable for most wines.
High shoulder levels are normal for bottles 15-20 years' old.
High-mid shoulder levels are acceptable in any wine over 20 years' old.
Mid-shoulder levels may carry some risk or weakening of the cork.
Low shoulder levels are quite risky.
Bottom shoulder levels are only for rare, interesting, or collectible wines which may be undrinkable
Burgundy, German, Alsatian, and similar bottles with gently sloping sides are measured and the distance from the wine to the cork is given in centimeters. Burgundy fills under 2 cm will not be mentioned.
Appearance designations cover level of wine in the bottle, condition of capsule, label, strip label, and color of the wine. Every bottle is closely inspected by K&L Wine Merchants and is assessed as precisely as possible. The notation "OWC" means original wooden case, and "OCB" means original cardboard box.
LOT RETRACTION BY SELLER
In an auction with Reserve, the Seller may withdraw his or her lot at any time until the reserve is met or if the lot is listed with incorrect details about the wine.
SELLER REPRESENTATIONS AND WARRANTIES
Seller represents and warrants that Seller has the right, title and authority to sell the property, and that property sold by Seller is free and clear of all liens, claims and encumbrances of any type or kind at the time any bid is accepted and at all times thereafter until the title has transferred.
You agree to indemnify and hold harmless K&L Wine Merchants and all of its officers, directors, owners, shareholders, trustees, partners, members, employees, agents, successors and assigns any and all claims, actions, damages, fines, penalties, liabilities, losses, costs and expenses (including without limitation reasonable attorney’s fees) arising out of, relating to or in connection with: (i) your use of the K&L website or K&L services; (ii) your purchase of property at any K&L Wine Auction; (iii) shipment of any property under these Terms and Conditions; (iv) any claims brought or asserted by any third party claiming title to the property bought or sold by you at any K&L Wine Auction; or (v) any error, misdescription or omission, or any breach of any representation or warranty, by the Seller in connection with any property sold through K&L Wine Auctions.
Without limiting the foregoing, in the event of any return of property by the Buyer to K&L Wine Merchants pursuant to these Terms and Conditions, the Seller shall be obligated to remit to K&L Wine Merchants the price paid by the Buyer and refunded by K&L Wine Merchants to the Buyer for such property.
No inaction, delay, or failure by K&L Wine Merchants to enforce the provisions of these Terms and Conditions shall be construed as a waiver of its right hereunder. No waiver by K&L Wine Merchants in any instance or at any time of any of its rights, including without limitation its rights under these Terms and Conditions, shall preclude or stop K&L Wine Merchants from invoking such right in any other instance at any other time.
In the event that any part of these Terms and Conditions is deemed invalid or unenforceable, the remainder shall remain in full force and effect.
PRIVACY AND SECURITY OF PERSONAL INFORMATION
California law governs these Terms and Conditions. In the event of any dispute related to any subject of these Terms and Conditions or the K&L Wine Auctions, you agree that the same shall be resolved by arbitration in San Francisco in accordance with the Comprehensive Rules and Procedures of JAMS Arbitration, Mediation, and ADR Services (www.jamsadr.com) or its successor then in effect, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The decision of the arbitrator shall be final and binding on the parties. The arbitrators are not empowered to award damages in excess of compensatory damages, but shall include in the final award an allocation of attorneys’ fees, costs and expenses incurred in the arbitration, whether or not such fees, costs and expenses would otherwise be recoverable under applicable statutes and rules of court. The arbitrator shall render the award in writing, explaining the factual and legal basis for decision as to each of the principal controverted issues. The parties and each of them expressly agree that any petition to confirm, modify or enforce the arbitral award, other than for non-payment of goods sold and delivered, shall be resolved in a State or Federal Court of competent jurisdiction in San Francisco, to which jurisdiction the parties hereby submit.