Janaury 25, 2024

Definitions and interpretation

"You" and "Yours" refers to you, the individual accessing this website and accepting LuxAuc Terms and Conditions.

"We", and "Us" refers to LuxAuc.

"The Buyer" is the person who has successfully bid on a Lot.

"The Seller" is the person who offers the Lot for sale.

"Lot" means any auction product consigned to us with a view to its sale by auction online. Where a Seller wishes two or more items to be sold separately these shall be deemed to be separate "Lots" for the purposes of these Terms and Conditions.

“Legal Age” Any alcohol may ONLY be purchased AND/OR sold by to persons who are at least eighteen (18) years old in the Hong Kong or such other minimum age as is required in foreign jurisdictions “Legal Age”.

“Courier” means the delivery company used by LuxAuc to fulfil delivery of Lots. This will vary according to location of delivery address.

Payment detail

Member Registration: Membership registration comes with a one-time fee of HKD 50, which will be fully refunded upon completion of your first purchase.

Seller charges: Seller commission is free of charge. A standardized listing fee of HKD 50 would be charged to each separate lot. The seller is responsible for paying all shipping costs and relevant taxes. In addition, if the seller decided to set a reserve price for a lot and the item is bought-in at auction, the seller will have to pay HKD 150 as an administrative fee.

Buyer charges: The buyer's commission is 10% of the auction item. Delivery costs and related taxes incurred during the transfer of auction items shall be borne by the buyer.

Payment method: Bank transfer, credit card and PayPal.

Other charges: The costs associated with the transaction via bank transfer, credit card and PayPal shall be borne by the buyer and the seller.

When the auction is live, simply find the lots you want to bid on and the highest reserved price. Please note we use an incremental system so you only need to select the maximum price you wish to pay.

Please make sure that you have examined the lot carefully before you place your bid. By placing a bid on a lot you are confirming that you have examined the item and are satisfied with it. Just like in physical auction houses ALL BIDS ARE FINAL. THERE WILL BE NO EXCEPTIONS.

You are able to see all your bids in your account. You can also monitor which lots you've been outbid on and which ones you're winning.

1.2 Authenticity of the lot

In the event of a dispute arising over the provenance or authenticity of any Lot, if it cannot be proved beyond reasonable doubt to be genuine ( and we shall be the sole judge as to authenticity and our decision shall be final) the Lot will be returned to the Seller and no monies will be due to either party.

Should a Buyer wish to raise a query as to the authenticity of a lot, this must be done in writing within 14 days of receiving the Lot in question. All disputes raised after this will be entertained at the discretion of the Company and subject to the payment status of the Seller.

1.3 Registration with LuxAuc

All bidders are required to be registered on the site.

1.4 Responsibilities of the Bidder

Please examine the packaging and labels of the lots carefully and satisfy yourself as to their condition before making a bid. Once a bid has been made, no claims will be entertained for damage that was evident before the bid was made, whether it was explicitly mentioned or not.

Bidders are required to conduct their own research and due diligence. All Items are sold on an “as is” basis.

1.5 Payment of purchases

There will be a seven-day deadline. After the seven-th day, the payment procedure will not be completed and the account will be banned. It will be deleted immediately, and the registered email address and phone number will be permanently rejected to apply for membership account.

Cash or Personal Cheque with all major Credit Cards, Bankers Draft or Paypal Transfer are all acceptable methods of payment.

Buyers will be charged a premium of 10% of the hammer price in addition to the Lot price.

1.6 Credit cards

We do not hold any credit card records for people who use this site. If you buy at auction using a credit card, you will be taken to a secure third party site which handles all our transactions. Your credit card information is never seen by us.

1.7 Delivery of Lots

Delivery via courier will incur additional charges. These are set by the Company and are final. An up to date price list is on the Website and can also be obtained by request from the Office.

Buyers should be aware that it may take up to 14 working days from receiving payment before the bottles are dispatched. The Company aims to dispatch orders as quickly as possible but Buyers should be aware of this during times when there are high levels orders.

A signature is required at the point of delivery. If the Buyer is not available to receive the order, a suitable person of Legal Age must be available to sign as per the Courier's terms.

1.8 Local Customs Charges

Some International deliveries may incur local customs charges. We are not responsible for the payment of any local Customs or Duties. All invoices will be stated at their true value, no exceptions will be made. By bidding in the auction you are accepting full responsibility for these charges.

We accept no responsibility for the accuracy of addresses supplied by the Buyer or processing of customs charges. Where extra information is required by the local customs teams or a Buyer requests a shipment to be returned, we reserve the right to charge an administration fee of HKD250 to cover our costs and time in addition to any other costs incurred.

1.9 Loss & Breakage liability cover

This is offered to customers through us at insurance based on 3% of the Lot value.

If for any reason damage does occur, it is essential that You contact Us as soon as possible. Photos of the damage must be sent via email to luxauc@gmail.com

No refunds will be given if there is no evidence provided of the damage/breakage. We are unable to offer refunds for orders which sustain damage in transit that do not have Loss & Breakage liability cover.

1.10 Special Provision as to the shipping and conditions

Due to the various ages of bottles and their seals, no claim can be lodged against failure/leakage in transit. Every effort is made by Us to ensure that the Lots reach You in good condition, the age of the bottle notwithstanding. Similarly, bottles with Wax Seals are not covered by the Loss & Breakage cover or standard courier liability. We accept no claims for these bottles.

We accept no liability for items held in storage that are not bottles. For instance, wooden cradles/plinths, presentation items etc may show signs of contraction after periods in storage where our warehouse temperatures are designed to keep bottles of spirits only.

For other kind of Lots (i.e., Toys, Vinyl, etc). Due to the various ages of the packing, we will not accept the claims for the damaging of box, packing.

2. SELLERS:

2.1 Payment

If you are a successful seller, we will not process your payments until the buyer has paid us, has received their item(s) and is satisfied that our descriptions were accurate. Payments will begin three weeks and not later than six weeks after an auction ends. In the event of a dispute arising over the provenance or authenticity of any item, if it cannot be proved to be genuine, it will be returned to the seller and no monies will be due (excluding shipping charge).

The Seller will be charged 0% of the hammer price as the commission rate.

Payment can be made via our online Payment facility, Cheque or Bank Transfer. International bank transfers may incur an additional fee which will be deducted from the Seller’s payment. We also use TransferWise and encourage International Sellers to do so to reduce the currency fees.

2.2 Bidding Policy

Sellers are expressly forbidden from bidding on their own items. Any items found to have been subjected to this will be withdrawn. Anyone found to be "bidding up" the prices of items will be removed from the site and banned from LuxAuc.

2.3 Authenticity of the lot

In the event of a dispute arising over the provenance or authenticity of any Lot, if it cannot be proved beyond reasonable doubt to be genuine ( and we shall be the sole judge as to authenticity and our decision shall be final) the Lot will be returned to the Seller and no monies will be due to either party.

Should a Buyer wish to raise a query as to the authenticity of a lot, this must be done in writing within 14 days of receiving the Lot in question. All disputes raised after this will be entertained at the discretion of the Company and subject to the payment status of the Seller.

2.4 Restrictions of sale

We reserve the right to refuse any item for auction, especially where there are questions regarding authenticity of the Lot. This decision is final. LuxAuc reserve the right to charge for admission into auction, even if the Seller removes the item from sale.

2.5 Restrictions regarding reserves on Lots

Reserves can be suggested by the sellers themselves. LuxAuc reserve the right to place the reserves. Our policy is:

- No reserves under HKD1000 per lot.

All decisions are made by the discretion of the LuxAuc and is can be subject to change without prior warning.

All items that not meet the reserves will be charged HKD150 for administration fee.

2.6 Seller Cancellation

Sellers have the right to cancel a lot provided for auction up to 7 days prior to the auction commencement date. LuxAuc must receive notification from the seller of their wish to cancel, in writing, no later than 7 days prior to the auction live date.

In the event that a Seller wishes to cancel the contract with us to Auction items, the following applies:

- Within 7 days of auction commencement date, but before the auction is live, it is at our discretion as to whether to acquiesce to your request to cancel. In the event of our agreement to cancel your contract we reserve the right to charge a reasonable administration fee and listing/reserve fees for the removal of the items.

- While the auction is live, it is at our discretion as to whether to agree to accept your request to cancel. In the event of our agreeing to cancel, we reserve the right to retain all listing fees, reserve fees and charge an admin fee of HKD300.

In the event that a Seller cancels a contract to enter items, the Seller may request shipping at their own cost. It is the Seller's responsibility to ensure that there is adequate insurance for any loss & breakage to items whilst in transit.

3. OTHER TERMS AND CONDITIONS:

3.1 Wavier

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled here under shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

3.2 Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

3.3 Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

3.4 Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

3.5 Notification of changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by email or postal mail will be made to those affected by this change.

Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and us. Your accessing of this website and/or undertaking of booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.