Terms and conditions
1. Introduction and Scope
ALLDRINKSAUCTION, hereinafter also referred to simply as “The Platform”, under the corporate name INTERVYLEX S.L. and Tax ID (NIF) B16383275, registered in the Commercial Registry under entry 1861 of Journal 73, first registration sheet AL-64585, folio 137 of volume 2315 of the archive of the General Companies Section, is a contracting center whose purpose consists of the sale by auction, through voluntary auction, of the lots entrusted to it for this purpose, and therefore acts as an intermediary between the sellers and/or owners of the lots and the buyers of said lots through the online platform www.alldrinksauction.com.
These General Conditions govern the use of the platform, including browsing, bidding, the purchase and sale of wines, liquors and spirits. All users must accept and comply with these General Conditions in order to use the platform.
Any question, suggestion or complaint that USERS consider appropriate will be dealt with as soon as possible and may be submitted using the following contact details: Telephone: 950950315 Mail: info@alldrinksauction.com.
These General Conditions are drafted in Spanish. In the event of translation into other languages, the Spanish version shall prevail. Any dispute arising in relation to these Conditions shall be resolved in the Spanish courts.
In its capacity as intermediary, Intervylex, S.L. shall, when conducting the auction of the lots entrusted to it for this purpose, comply with the rules applicable and in force at any given time, as well as with the commercial practices traditionally governing this type of transaction, which are based on the principle of good faith.
2. Registration and User Account
In order to participate in auctions of wines, liquors and spirits, whether as a buyer or seller, it is necessary to register as a user on the platform. To do so, it is an essential requirement to be over 18 years of age and to accept these Terms and Conditions of Use and the Privacy Policy.
During the registration process, you will be asked for personal information, which must be truthful and up to date, as well as to complete the age verification process. Each user account is personal and non-transferable, and the registered user is solely responsible for keeping the confidentiality of their access credentials and for all activities carried out from their account. The registered user is ultimately responsible for the bids placed from their account.
Users of the ALLDRINKSAUCTION platform declare that they are of legal age or emancipated and have the legal capacity necessary to act and contract on this website in accordance with our Terms and Conditions, which they declare they understand and accept.
Once registration has been completed, the Platform will validate the data and reserves the right to request additional information from the user, such as a National Identity Document and/or Passport. In the case of legal entities, the required validation data will be the company Tax Identification Number (NIF).
3. Description and Organization of Lots
The information provided about each lot, including descriptions of bottles, labels, levels, corks and closures, is for identification purposes only. The Platform does not guarantee the condition of the bottles and shall not be liable for possible defects. In accordance with international practice, catalogued lots are auctioned with any faults and imperfections they may have, including description errors. Users who need additional information or clarification about the condition of a lot may contact the Platform by email at: info@alldrinksauction.com It is important that potential buyers carefully review the descriptions and, if possible, request additional photographs or condition reports before placing a bid.
The Platform reserves the right to organize the lots, change them or subdivide them into several, at its prudent discretion; it may also combine two or more lots and withdraw them for justified cause.
The starting price of each lot is determined by mutual agreement between the Platform and the Seller. To that end, the Platform provides the Seller with its best judgment and experience derived from its role as intermediary in previous and similar transactions. The starting price of each lot is specified in the catalogue and/or item description and need not bear any relation to the value of the item. At auction, the starting price shall constitute the minimum sale price.
Lots shall be awarded to the highest bidder.
4. Seller Conditions
To sell a lot of wines, liquors or spirits, the seller must register as a user on the Platform. By registering, the seller guarantees that they are the lawful owner of the lots and that they are free of claims, liens and encumbrances. The Seller releases the Platform from all liability and shall fully assume any consequences, damages and expenses that may arise from defects in capacity, title or power of disposition of the Seller, or as a result of claims made by third parties regarding the items deposited for auction.
All lots must be accepted and verified by the Platform before being put up for auction. Once verified and accepted, a contract will be sent to the Seller granting the Platform authorization to auction the lots.
In the case of a legal entity, the Seller must provide the public deed of incorporation, beneficial ownership certificate, card evidencing the Tax Identification Number (NIF), as well as a document evidencing sufficient powers to act on behalf of the company.
The Platform will keep a copy of the documents provided in its files and will issue an admission receipt.
Sellers must send the bottles they wish to list to our facilities. The Platform is not responsible for any breakage or damage caused during transit to our facilities. We arrange collection for large collections. Collection and return costs are borne by the seller. These costs will be agreed with the Seller before collecting the bottles.
At the time of depositing one or more lots, the Seller, by signing the admission receipt, declares that they are aware of the content of these Conditions and are therefore subject to them.
The objects/items will be accepted in the condition in which they are found, and the Platform will not accept any claim for breakage, damage, etc., even if such issues are not recorded on the admission receipt. In any case, the Platform undertakes to safeguard the Goods with the utmost care and responsibility, ensuring appropriate storage conditions that guarantee the preservation of the Goods, taking into account their specific and special nature.
The Seller grants the Platform the right to photograph, display and reproduce graphically, both in print and through electronic media, the items listed on the admission receipt, in whatever manner is deemed best in order to sell them. The Seller grants the Platform the right to use these images for advertising purposes. The rights and ownership of the images produced shall belong to Intervylex, S.L. (owner of the Platform).
The brokerage commission is 10.5% plus VAT. If the seller wishes to set a reserve price, the cost per lot will be €5 VAT included.
Unsold lots that have not been collected by the Seller, unless otherwise agreed with the Platform, shall incur storage costs of €5 (VAT included) per month. After 3 months, the Platform shall be entitled to auction the items again without any reserve.
Payments to the Seller
Settlement for the lots auctioned and sold will be made within 30 days, always counted from the date Intervylex, S.L. receives payment for the item, i.e., once the Buyer has paid. If the Buyer fails to pay, Intervylex, S.L. will make every effort within its means to obtain payment of the outstanding amounts and will inform the Seller. If these efforts fail, the Seller may choose to re-auction the item or sell it to the previous bidder if the latter is interested.
5. Buyer Conditions
To bid on the Platform, the buyer must register as a user and accept the terms and conditions. Registration is personal and non-transferable. A buyer is prohibited from bidding on their own lots, either directly or through third parties, with the intention of increasing the lot price. If such conduct is detected, the buyer's account will be cancelled and the lot will be returned to the seller, with the corresponding costs and a financial penalty.
Once the auction has ended, the Platform will notify by email the winners of the lots that they were the highest bidders, and they must make payment within a maximum period of 72 hours. Otherwise, a penalty of 3% of the final bid amount will apply. The brokerage commission is 10.5% plus VAT on the final lot price. To make payment, the Buyer must go to the My Account menu, where they may pay for the awarded lots through the payment gateway or by bank transfer. Once the order has been processed, the system immediately sends an email to the Platform’s management department and another to the Buyer’s email address confirming the order. Orders: Within a maximum of 72 business hours, an email will be sent to the Buyer confirming the order status and the approximate shipping and/or delivery date, as well as the package tracking code.
The Platform may require, whenever it deems appropriate, bank references or other types of guarantees from the Buyer. It may also refuse any bid without the need for any justification or explanation.
Any user is responsible for payment of customs duties and excise taxes required by the destination countries.
Packaging costs (€2.50/bottle)*/** and transport of the awarded items shall always be borne by the Buyer, and any damage that may occur to them during transport shall be the Buyer’s sole responsibility.
Shipping cost table (number of bottles/country)**
| Mainland Spain | Balearic Islands | Canary Islands | Portugal | Germany, France and Poland | Austria, Belgium, Netherlands and Czech Republic | Sweden, Denmark and Romania | Italy and Ireland | Rest of Europe | |
|---|---|---|---|---|---|---|---|---|---|
| 1 bottle | 9.00 | 14.00 | 18.00 | 13.00 | 18.00 | 19.00 | 21.00 | 25.00 | 40.00 |
| 2 bottles | 12.00 | 17.00 | 22.00 | 16.00 | 24.00 | 25.00 | 27.00 | 32.00 | 48.00 |
| 3 bottles | 15.00 | 20.00 | 27.00 | 19.00 | 32.00 | 33.00 | 35.00 | 39.00 | 56.00 |
| 4 bottles | 18.00 | 23.00 | 32.00 | 23.00 | 40.00 | 41.00 | 43.00 | 46.00 | 64.00 |
| 5 bottles | 21.00 | 26.00 | 37.00 | 27.00 | 48.00 | 49.00 | 51.00 | 53.00 | 72.00 |
| 6 bottles | 24.00 | 29.00 | 42.00 | 31.00 | 56.00 | 57.00 | 59.00 | 60.00 | 80.00 |
The number of bottles shipped per package shall not exceed 6 bottles. If a user purchases in the same auction more than the maximum quantity established, i.e., more than 6 bottles, another package will be added to the shipment and the shipping cost will be recalculated.
To find out shipping costs to countries not shown in the table, please contact us by email: info@alldrinksauction.com
*The packaging cost of wooden boxes for special bottles is equivalent to that of 1 bottle.
**Prices in € excluding VAT (21%).
The Platform will not ship any order or activate any service until it has verified that payment has been made. Goods are usually shipped by EXPRESS COURIER, depending on the destination freely designated by the USER. The delivery period will be between 2 and 6 business days for mainland shipments and between 5 and 14 days depending on the destination country. This period is understood provided that product availability has been confirmed and full payment for the order has been verified.
The Platform is not responsible for breakage or loss of liquid from any bottle, especially old bottles, except in the event of loss of the package by the carrier, provided that the buyer has taken out insurance.
Right of Withdrawal:
In accordance with Article 16 of Directive 2011/83/EU, the 14-day right of withdrawal does not apply to auctions in which the Platform acts as an intermediary, due to the nature of the auctioned goods (bottles of wine and old liquors), as these are Goods that may deteriorate or expire rapidly (the exception in subsection (d) applies directly) and Goods sold at public auctions. The auctioned products are second-hand and this is not a direct sale; the condition of the liquid is not guaranteed.
6. Bidding System
Auctions will end at the time indicated by the Platform, except for those lots that have received a bid in the last 5 minutes before the auction closes. The auction will end when those lots receive no bids during the additional 3-minute time period. If bids are placed during that extra time, the auction will be extended by another 3 minutes, and so on until no bids are received on those lots. Bids will be set and increased according to the following scale:
• From €1 to €100: increments of €5
• From €100 to €200: increments of €10
• From €200 to €500: increments of €20
• From €500 to €1,000: increments of €50
• From €1,001 to €2,000: increments of €100
• Above €2,000: increments of €200
The Platform reserves the right to change bid increments and to set a maximum bid in accordance with the increments.
HOW TO BID?
1- To buy a lot of wines, liquors or spirits, buyers must REGISTER as users on the platform and accept the Terms and Conditions.
2- Once registered, search for the lots you are most interested in and place your bids. If your bid is exceeded, you will receive an email informing you that your bid has been exceeded.
3- You can mark the lots you are most interested in so you can track them. You will be able to see a list of the lots you like most in your personal account.
4- All lots will have a minimum starting price, so bids below the starting price will not be possible.
5- When placing a bid, you can place a QUICK BID or enter a MAXIMUM BID in which you determine the maximum amount you are willing to pay. This bid will not be shown or exceeded unless another user exceeds that amount.
*Example: You enter €100 and another user enters €50. The price will be €55.
You enter €100 and another user enters €100. The price will be €100.
You enter €100 and another user enters €120. The price will be €120.
*In the second case, your maximum bid will be the highest bid up to that moment.
*In the third case, you will receive an email informing you that your bid has been exceeded.
6- Once the auction has ended, you will receive an email with the list of awarded lots and the amount to be paid. You must pay this amount within 72 hours. If we do not receive payment within the established time, that amount will increase by 3%.
7. Anti-Fraud Policy
At the Platform, we are committed to combating fraud and the sale of counterfeit bottles, a significant concern for our users and collectors. We have a team of experts and collaborate with other specialists in the sector to identify and prevent the sale of fraudulent products. In case of suspicion, we will immediately withdraw the lot in question and notify the relevant authorities.
8. Code of Ethics and Values
You are responsible for your conduct when using the Platform. By accepting these terms and conditions, you agree that when you use the Platform you will follow these rules:
1. You will do nothing illegal and will not attempt to generate or share illegal content.
2. You will not send unsolicited information or engage in impersonation (phishing) activities. Unsolicited information refers to mass emails, text messages (SMS), instant messages or similar electronic communications. Impersonation (phishing) refers to sending emails or other electronic communications intended, fraudulently or unlawfully, to induce recipients to disclose personal or confidential information such as passwords, dates of birth, passport numbers, debit or credit card information, financial information or other confidential information.
3. You will not engage in fraudulent, false or misleading activities (for example, impersonating another person, creating fake accounts, automating fake activity or manipulating “others” to influence comments), nor in injurious or defamatory activities.
4. You will not engage in activities that infringe privacy or data protection rights.
5. You will not help others to break these rules.
At the Platform, we value and promote transparency, honesty and best practices as fundamental pillars in the development of our auctions of wines, liquors and spirits. All lots are supervised by our specialized team to guarantee buyers the safety and reliability of the auctioned products.
9. Confidentiality and Processing of Personal Data
At the Platform, we are committed to protecting the privacy and confidentiality of our users’ personal data. Personal data collected during the registration process and use of the platform will be processed in accordance with applicable data protection laws, including the European Union General Data Protection Regulation (GDPR).
9.1. Data Collection: We collect personal information necessary to provide our services, including name, address, email address, and phone number.
9.2. Use of Data: We use personal data to manage user accounts, process transactions, communicate with users and improve our services. Personal data will not be shared with third parties without the user’s consent, except where necessary to comply with legal or contractual obligations.
9.3. Data Security: We implement appropriate technical and organizational measures to protect personal data against unauthorized access, loss, destruction or accidental disclosure.
9.4. User Rights: The data subject may exercise the rights of access, rectification, portability and erasure of their data, as well as the rights to restrict and object to its processing, by contacting INTERVYLEX, S.L., which is the CONTROLLER of the USER’s personal data and informs the USER that such data will be processed in accordance with Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December (LOPDGDD). For more information about the processing and your rights, please consult the privacy policy.
10. Amendments to the Terms and Conditions
The Platform reserves the right to modify and update these Terms and Conditions at any time in order to adapt them to new legal and economic circumstances. In any case, we will inform you at the time we do so. The amendments shall not be retroactive and will enter into force from the next auction after their publication on the website. Using the Platform after the changes take effect means that you accept the new terms. If you do not accept the new terms, you must stop using the Platform and close YOUR ACCOUNT.
If any of these terms and conditions is considered illegal, void or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. The PROVIDER may, without prior notice, suspend or terminate the contract when the USER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy. When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
11. Force Majeure
The parties shall not incur liability for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure event ceases.
