User Terms and Conditions

www.classifiedwineauction.com User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at www.classifiedwineauction.com By using this website, you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions please do not use our services. If you have any questions, please contact us This e-mail address is being protected from spambots. You need JavaScript enabled to view it

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of www.classifiedwineauction.com. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a www.classifiedwineauction.com user. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of other www.classifiedwineauction.com websites will be governed by the terms and conditions posted on those websites.

We may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective immediately after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by both parties. This agreement was revised on June 23^rd 2010.

· Membership. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. www.classifiedwineauction.com may refuse our services (such as, but not limited to listings, chat, blog, buying, and bidding) to anyone at any time, in our sole discretion. Individuals must be at least 18 years of age if you reside in Hong Kong or of legal drinking age in their country of residence. Your www.classifiedwineauction.com.account (including feedback) and User Id may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

· Fees. Joining www.classifiedwineauction.com is free listing you wine for sale is free. There is no commission of the final sale price of the items you list, unless otherwise stated. All fees for featured auctions are quoted in Hong Kong Dollars. You are responsible for paying all applicable taxes if any. We may in our sole discretion add, delete or change some or all of our services at any time.

· www.classifiedwineauction.com is Only a Venue. Our site acts as the venue for Sellers to conduct their own public auctions and for Buyers to bid on Sellers’ auctions. We are not involved in the actual transaction between Buyers and Sellers. As a result, we have no control over the quality, safety or legality of the items advertised, nor the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to buy items. We cannot and do not control whether or not Sellers will complete the sale of items they offer or Buyers will complete the purchase of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense.

Identity Verification of users.

User authentication on the Internet is difficult; www.classifiedwineauction.com cannot and does not confirm that each user is who they claim to be. Therefore, because you must be careful in dealing with other users to avoid fraud, we have established a user-initiated feedback system to help you evaluate who you are dealing with. We encourage you to communicate directly with the Seller to help you evaluate with whom you are dealing. Please practice safe trading. If you have any concerns about your trading partner, please consider the use www.classifiedwineauction.com as a third party escrow service please email us if you would like us to act as escrow.

Information Control.

For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our system. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using our site.

· Bidding and Buying. By bidding on an item you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. As a bidder, if you have the highest bid at the end of the auction, at or above the minimum bid price and your bid is accepted by the seller, you are obligated to complete the transaction. Further, you are obligated to complete the transaction with the seller if you purchase an item through one of our fixed price formats. Bids are not retractable except in exceptional circumstances such as the seller materially changing the description of the item after your bid or clear typographical errors, or when you can not authenticate the identity of the seller. You may not bid in a way that pulls other bidders to their maximum bid, retract the high bid, and then rebid at a small increment above the legitimate high bidder (bid manipulation).

· Listing and Selling. You must be legally able to sell the item(s) you list for sale on our site. All listed items must be listed in an appropriate category. You must describe your item and all terms of sale on the listing page of our site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.

Release.

We do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with a user, you release www.classifiedwineauction.com our agents or employees from any claims, demands, damages of every kind and nature, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a Hong Kong resident, or resident of any other jurisdiction you waive your rights to seek damages from www.classifiedwineauction.com.

Highest Bids.

If you receive one or more bids at or above your stated reserve price, then you are obligated to complete the transaction with the highest bidder, unless there is an exceptional circumstance, such as; (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the identity of the buyer.

Fraud.

www.classifiedwineauction.com may suspend or terminate your account if you are found to have engaged in fraudulent activity of any kind in connection with our site.

Your Information.

Your information includes any information you provide to us or other users during the registration, bidding or listing process, in any public message area or through any email feature (defined herein as "Your Information"). With respect to Your Information:

Your activities on the site shall not:

o Contain false, inaccurate or misleading information in your descriptions;

o Be an Infringement of any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

o Violate any law, regulation, statute or ordinance including, but not limited to, those governing export control, false advertising, unfair competition, or consumer protection;

o Be deemed fraudulent or involve the sale of counterfeit or stolen items;

o Be involved with, trade libellous, defamatory, unlawfully harassing, or unlawfully threatening;

o Contain any viruses, worms, time bombs, easter eggs, Trojan horses, cancelbots, or other computer programming routines that may damage, intercept or hijack any system, data or personal information;

o Cause us to lose (in whole or in part) the services of our ISPs;

o Use www.classifiedwineauction.com system or information to send unsolicited emails or other messages except as specifically related to a particular transaction;

o Abuse or threaten other www.classifiedwineauction.com users or employees;

o Attempt to circumvent the www.classifiedwineauction.com system by conducting transactions off the www.classifiedwineauction.com system;

o Post obscene or contain child pornography or, if any thing otherwise adult in nature or harmful to minors;

Feedback.

You may not may undermine the integrity of the feedback system, such as: leaving positive feedback for yourself using secondary User IDs or third parties; leaving negative feedback for other users using secondary accounts or third parties know as feedback bombing. If you are found to be doing this your account will be suspended. The Feed back ratings are not designed for any purpose other than for facilitating trading between www.classifiedwineauction.com users, the feed back system is there to give you an idea of the user reliability. Please do not abuse this system.

Indemnity.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

Limit of our Liability.

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO HKD$100.

Compliance with Laws.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.

No Agency.

You and www.classifiedwineauction.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

Arbitration.

Any controversy or claim arising out of or relating to this Agreement or our services, excluding legal action taken by www.classifiedwineauction.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the www.classifiedwineauction.com site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of Hong Kong. The arbitration shall be conducted in Hong Kong, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or www.classifiedwineauction.com may seek any interim or preliminary relief from a court of competent jurisdiction in Hong Kong necessary to protect the rights or property of you or www.classifiedwineauction.com pending the completion of arbitration.

General.

This Agreement shall be governed in all respects by the laws of Hong Kong as such laws are applied to agreements entered into and to be performed entirely within Hong Kong. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that this Agreement and all incorporated agreements may be automatically assigned by www.classifiedwineauction.com, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Disclosures.

The services mentioned in this agreement are offered by www.classifiedwineauction.com and www.classifedwine.com both are subsidiary's of Classified Wine Ltd.

Privacy Policy

Your privacy is important to us at www.classifiedwineauction.com.

This Privacy Policy tells you what information we collect and what we do with it. As part of our operations we may gather certain types of information about the users of our sites. Personally Identity Information is provided by you when you register for services that we offer.
These services could include event information or email newsletters. Providing this information is optional to you. However, some services may not be available to you if you choose not to provide it such as listing items in the auction or purchasing from the site.

We will not share the information that we collect with any third parties apart from in the following circumstances:
Only if your prior permission has been obtained shall we share the information with specified third parties.

We have collected this information in order to provide the best possible service to you while you are visiting our sites. To this end we may use the information that you provide for the following purposes:
To verify your identity if you need help with a forgotten password or you are having login problems.
For any other purposes for which you have given permission or requested we do so.

To help provide any other services that you have requested such as news letters or subscriptions.

To process any transactions that you might make on the auction or store sections of our site.
For marketing, promotional, publicity, or market research we might undertake.

For us to offer the most relevant information suitable to you and your interests.
Email questions about this policy to This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Opt In and Opt Out.

You have the option to opt in to certain services and to opt out of those services at any stage. This means you may change your mind about participating in any of our member services at any time.
As our business is continually growing, we reserve the right to change our policies at any time. Site users will be notified of any changes to the Privacy Policy.

Disclosure of member information

We reserve the right to disclose personal information in response to legal requirements, enforcement of our policies, other content infringes or in response to claims that a listing infringes the rights of others, protect ones property, safety or anyone's rights. We may also share your personal information with Service our providers who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and customer support). Law enforcement agencies, other governmental agencies or third parties in response to a request for information relating to a criminal investigation, alleged illegal activity or any other activity that may expose us, you or any other www.classifiedwineauction.com user to any legal liability.

The personal information we disclose may include your User ID and User ID history, name, city, county, telephone number, email address, fraud complaints and bidding and listing history or anything else that we deem relevant.

www.classifiedwineauction.com participates with law enforcement agencies in connection with an investigation of fraud, piracy, or other unlawful activity, when in our sole discretion believe necessary or appropriate, either under confidentiality agreement or as required by law. In such circumstances, we may disclose name, street address, city, county, postcode, country, phone number, email address and company name.

Not limiting the above, in an effort to respect your privacy and our ability to keep our online community free from those who attempt to carry out fraudulent or illegal activities on our website, we will not disclose your personal information to law enforcement, other government officials, or other third parties without a court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.