Auctions Terms and Conditions
When bidding at Auctions, please keep in mind that there is a 20% Buyers’ Premium at The Chicago Wine Company.
Levels of Older Wines
As most of you already know, older wines often have some ullage (loss of liquid), which is perfectly normal and does not necessarily adversely affect the wine. We always try to describe every wine we sell as precisely as possible. To standardize the descriptions we use (vis a vis ullage), the following guidelines will apply:
1. For any wines from the 1999 vintage and older, if the levels are in the neck or very high-shoulder (VHS), no mention will be made, as we believe that very high-shoulder levels for wines 15 years and older are perfectly acceptable.
2. For any wines from 2000 and younger, if the levels are not in the neck we will state the levels specifically.
3. For all wines, where the levels are either: high-shoulder (HS), mid-shoulder (MS) or low-shoulder (LS), we will state that specifically.
The bottles used for most Burgundy and Rhone wines do not have shoulders as do the bottles used for most Bordeaux and other wines. Accordingly, rather than using the shoulder as a reference point in describing the levels in Burgundy and Rhone bottles, we measure the distance between the bottom of the cork and the level of the wine. The following is a comparative ranking for Burgundy and Rhone wines versus Bordeaux wines:
Burgundy & Rhone Bottles
Compared to Bordeaux Bottles
1 ¼ - 1 ¾ “
2 – 2 ¼ “
2 ½ - 2 ¾ “
3 – 3 ½ “
1. For any Burgundy or Rhone wines from the 1999 vintage and older, if the distance between the bottom of the cork and the wine is 1-3/4" or less, no mention will be made, as we believe that these levels for wines 15 years and older are perfectly acceptable.
2. For any wines from 2000 and younger, any unusual ullage will be stated specifically.
3. For all wines, when the distance between the bottom of the cork and the wine is more than 1-3/4", we will state that specifically.
Terms and Conditions of Sale
The wines and related items listed, as may be amended by sale room notice or announcement, are being offered for sale by The Chicago Wine Company ("TCWC"), either as an agent for various owners or other consignors ("Sellers") or as principal for its own account.
1. Live Bidding Registration. Everyone who plans to bid in person at the Auction must register prior to the Auction. All bidding at the Auction will be done by paddles only. Registration facilities will be available prior the Auction. You must be 21 years old or older to purchase wines from TCWC.
2. Absentee Bids. Bids will be accepted in advance of the Auction by mail, e-mail, telephone or fax. Bids which are submitted to TCWC in writing or are otherwise left with TCWC prior to an Auction for execution at or below a specified price, are entertained and executed by TCWC for the convenience of bidders, but TCWC shall not be responsible for failing to execute such bids or for errors relating to its execution of such bids.
3. At the absentee bidder's request, TCWC can limit overall expenditures in the Auction to a pre-determined limit communicated to TCWC by the absentee bidder. If such a request is made, TCWC will stop bidding on new lots as soon as the absentee bidder reaches the predetermined limit in successful bids.
4. Bidding Procedure. The highest bidder acknowledged by the Auctioneer shall be the buyer. The Auctioneer has the right to reject any bid and to advance the bidding at his absolute discretion and, in the event of any dispute between bidders, to determine the successful bidder or to reoffer and resell the item in dispute. Should there be any dispute after the sale, TCWC's record of final sale shall be conclusive.
Bidding Increments for Live Auctions
The Bidding Increment for Online Auctions is $5 up to $200, then $10 above $200.
IMPORTANT: Please note that any bids received that are not at the proper increments are subject to being reduced to the next lowest increment. However, the Auctioneer may change bidding increments at his discretion.
5. Purchase Price. The purchase price for each lot shall be the final bid price. There is a 20% buyer's premium in our Auctions.
6. Sales Tax. Title to and ownership of all wine passes from TCWC to buyer in the State of Illinois, so sales tax will be applied based on TCWC's location in Illinois.
8. The minimum total bids that will be accepted is $250.
9. Lots. A lot is the quantity of wine or related items as described in the catalogue. In some cases a lot is a single bottle and in others could be as much as five cases (or more). Please note the description of each lot before bidding. Bids are for the lot as described in the catalogue or by the sale room notice. TCWC reserves the right to withdraw any lot before or at the Auction.
10. Reserves. A reserve is the minimum price below which the lot will not be sold. The reserves may be implemented by the Auctioneer and/or by our representatives.
11. Payment, Delivery and Storage. No lot may be taken away during the Auction, nor may any lot be taken away or delivered unless the purchase price thereof has first been paid in full. Payment is due in full within ten days of receipt of TCWC's invoice confirming the sale. However, TCWC reserves the right to request bank and other references and/or the right to demand immediate partial or full payment of the purchase price from the buyer.
12. Deliver. Title to and ownership of all wine passes
from TCWC to buyer in the State of Illinois, and buyer takes
all responsibility for the product being transported from
Illinois to the buyer's selected destination. Buyer
may pick up the product at TCWC's or make independent
delivery arrangements. Sales tax will be applied based
on TCWC's location in Illinois. TCWC makes no
representation as to the legal rights of anyone to deliver
or import any alcoholic beverages or other goods into any
state. Buyer warrants he or she is soley responsible
for the transport of the purchased products and for
determining the legality and tax/duty consequences of
bringing the products to the buyer's chose destination.
13. Cancellation Policy. There will be 10% cancellation fee enforced for any order cancelled by the customer within 30 days. After 30 days, cancellations will not be accepted.
14. Successful Bids. Upon receipt of full payment for those lots on which the buyer is the successful bidder, TCWC shall either: (i) Deliver or arrange for delivery of the wines to the buyer or anyone the buyer designates in Illinois; or (ii) Hold the wines in TCWC's temperature-controlled facility in Wood Dale, Illinois pursuant to the terms of TCWC's customary storage agreement until the buyer or someone the buyer designates can arrange to pick them up. Please note that all wines must be paid for in full before being put into storage.
15. Buyer's Default. If any applicable conditions herein are not complied with by the buyer, TCWC may, in addition to asserting all remedies available by law, including the right to hold the buyer liable for the purchase price, either (i) cancel the sale, retaining as liquidated damages any payment made by the buyer, (ii) resell the property at public Auction or privately on seven days' notice to the buyer, or (iii) sell any other wine then stored by buyer with TCWC for buyer's account and application of the proceeds to buyer's obligation to pay such purchase price and pay any balance to buyer. If TCWC resells the property, or sells any wine stored by buyer with TCWC, the buyer shall be liable for the payment of any deficiency in the purchase price in the auction and all costs including warehousing, the expenses of both sales, reasonable attorney's fees and all other charges due here-under and incidental damages.
16. No Warranties. ALL WINE AND OTHER ITEMS ARE SOLD "AS IS" AND NEITHER THE SELLER NOR TCWC MAKES ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY, AND IN NO EVENT SHALL THEY BE RESPONSIBLE FOR THE CORRECTNESS OF, OR BE DEEMED TO HAVE MADE, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS, DESCRIPTION, GENUINENESS, ATTRIBUTION, PROVENANCE OR CONDITION CONCERNING THE WINES AND RELATED ITEMS AND NO STATEMENT IN THE CATALOGUE OR MADE AT THE SALE OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY.IN ALL SALES OF WINE AND OTHER ITEMS NOT OWNED BY TCWC, TCWC ACTS SOLELY AS AGENT FOR THE VARIOUS SELLERS, AND MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY, OR ASSUMPTION OF LIABILITY CONCERNING THE SELLER'S TITLE TO THE PROPERTY OR THE EXISTENCE OF ANY SECURITY INTEREST, LIEN, ENCUMBRANCE OR OTHER INTEREST AFFECTING THE PROPERTY AND NO STATEMENT IN THE CATALOGUE OR MADE AT THE SALE OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE SHALL BE DEEMED SUCH A REPRESENTATION, WARRANTY OR ASSUMPTION OF LIABILITY.
17. Governing Law/Jurisdiction. These Terms and Conditions of Sale as well as the buyer's and TCWC's respective rights and obligations hereunder shall be governed by and construed and enforced in accordance with the laws of the State of Illinois. By bidding at an Auction, whether present in person or by agent order bid, e-mail, telephone or other means, the buyer shall be deemed to have consented to the jurisdiction of the state courts of, and the federal courts sitting in, the State of Illinois.
18. Notwithstanding any other provision to the contrary or any disclaimer, TCWC agrees to refund the purchase price to the purchaser of any wine from TCWC that is not of the vintage or from the producer as was represented by TCWC, including but not limited to situations where the wine is counterfeit or has indicia that it is not authentic sufficient to make the value materially less than if such indicia were not present, provided that the purchaser directly purchased the wine from TCWC and returns such wine to TCWC.