Mound City Collectibles and Auctions LLC (hereafter know as “Auctioneer”) and those registering to bid or bidding in any auction held by Auctioneer (hereafter know as “Bidder”)By registering to bid or placing a bid you agree to be bound by all of these terms & conditions, and any other announced terms and conditions of sale or rules of this site. All Internet bidders agree that bids placed on the Internet shall have the same legal effect as if they were in attendance at the auction in person. Missouri law shall apply to all legal disputes. ========================================================== SPECIAL TERMS & CONDITIONS FOR WINE AUCTIONS Please note that we make no claims validating the wine is fit for consumption or the personal tastes of the consumer. Auctioneer does not provide shipping. All items are sold “AS IS” “Where IS”. It is the bidders responsibility to arrange for shipment. The Packaging Store, The Packaging Store 292 East Avenue St Louis, MO 63119 phone: (314) 968-0096 is our preferred shipper (hereafter Preferred Shipper). Any bidder wishing to use a different shipper must notify Auctioneer within 48 hours after the close of the Auction and this shipper must arrange to make a pickup at Auctioneers location. If Auctioneer is not notified withing 48 hours after auction that bidder wishes to use a different shipper, then the Auctioneer will have the Preferred Shipper pick up the items/wine. Bidder will have to make arrangements for their shipper to pick up their items/wine from the Preferred Shipper and pay the preferred shipper any handling fees they may charge. Wines and other alcoholic beverages may be sold and delivered only to persons over the age of 21. By bidding at this auction you affirm that you are at least 21 years old. All first time purchasers will be asked to provide a copy of a valid form of identification to be faxed or emailed to us for our records. All alcoholic beverages must be received and signed for by an adult 21 years old. If the wine is returned to shipper or Preferred Shipper for failure to provide positive proof of age, the client is responsible for paying all related shipping charges. Interstate shipping Please be advised that most states regulate the shipment of wine into their state. We urge you to investigate your state’s regulations before purchasing wine from the Site. Auctioneer makes no representation to the legal rights of anyone to ship or import alcoholic beverages into any state. Auctioneer is unable to ship wine to: Alabama, Alaska, Arizona, Arkansas, Delaware, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Nevada, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, and Virginia, and our Proxibid will not accept orders with shipping addresses to these states. All purchases, including shipping, tax, and any additional charges must be paid for in full prior to delivery. Our acknowledgment of an order is not a guarantee that we will ultimately be able to ship wine to you. If we are unable to ship wine to the state you request, we will notify you. Insurance Insurance is handled by your shipper or Preferred Shipper at the bidders expense. Bidder must arrange for insurance with the shipper. Bidder shall release indemnify and hold Auctioneer harmless of any and all liability associated with breakage or any other loss that may occur to your order during shipment. All claims for loss of any kind must be handled though shipper or Preferred Shipper. Sales Tax For Missouri State New York sales tax is charged on all purchases delivered in Missouri State, regardless of the state or country in which the purchaser resides or does business, unless Auctioneer has been given, in advance of the release of the property, a valid exemption from taxes by the State of Missouri. The bidder is responsible for all applicable excise, use, and sales tax due to your state related to the purchase of any taxable goods. New Hampshire Auctioneer is licensed to ship up to sixty bottles of wine per client address per year, and we are obliged to collect an 8% fee on all wine purchases shipped into the state of New Hampshire. International Orders We accept international orders, and can provide a quote for international shipping upon request. Please note that there may be additional duties, taxes, and tariffs based on your destination country. Contact us by phone or by email for more information. Unfavorable Weather Conditions Shipping fine and rare wine requires special care. Shipping during periods of extreme heat or cold can damage wine. We encourage you to ask the Packaging Store to select Overnight or 2Day as your shipping method during the winter or summer months, in order to reduce the likelihood of weather-related damage to your wine. In winter and summer we recommend that you do not ship Thursdays or Fridays, unless Thursday orders for overnight service, since carriers hold shipments over the weekends in their warehouses, where storage conditions may not be ideal. If you choose to ship during extreme weather conditions you assume all responsibility for possible weather-related damage. ========================================================== Condition: All damages seen at time of listing has been identified. Common nicks, scratches and wear has not been called. If an item is found to be different than listed, it will be announced and no absentee or live bids will be entered on item. It is the bidder’s responsibility to determine overall condition before bidding on an item. Payment: Cash, Checks (with proper identification),Visa and Master Card Credit Cards are accepted. If your purchase is $1,000 and under (before applying the buyers premium) your credit card will be charged automatically after the auction. All purchases over $1,000 (before applying the buyers premium) must be paid by certified funds, cash or by using a personal or business check with a bank letter guaranteeing the funds, or by wire transfer. 1. All persons attending the exhibition, sale, or removal of merchandise assume all risks of damage to person or property and specifically release and indemnify Mound City Collectibles and Auctions LLC (Mound City Auction/s), their officers, employees, agents, assigns, and moundcityauctions.com from any liability. 2. All property is sold “AS IS”, and ALL SALES ARE FINAL, there are no returns, exchanges, or refunds. Bidder waves their right to a charge back, and agrees that they will not charge back any credit purchase from any credit card of any kind. Property is open to thorough public inspection. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Auctioneer may attempt to describe the merchandise in advertising, on the Internet and at the auction but makes no representations. In no event shall Mound City Auction be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. 3.All Internet Bidders agree to pay a buyer’s premium equal to Eighteen Percent (18%) of the hammer price of each item they purchase. If the hammer price of an item is $100.00 the buyer’s premium will be $1.00 for a total purchase price of $118.00. State sales tax law, if applicable, will be applied. 4. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. Auctioneer shall endeavor to describe in detail each item and any pertinent information about it. Auctioneer shall not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold AS IS and that they may not return any item they purchase for any reason accept an intentional and material misrepresentation of the item itself made by Auctioneer. Bidder’s sole remedy in the event of an intentional and material misrepresentation of an item shall be to return the item, at their expense and in the same condition it was shipped to them. If Auctioneer agrees that the item was materially and intentionally misrepresented Auctioneer will refund the Bidder’s purchase price to him/her. Bidder agrees that under no circumstances will Auctioneer ever be liable to Bidder for an amount greater than the purchase price of the item. Bidder agrees that Auctioneer shall be the sole judge if a Material Misrepresentation has occurred. 5. Auctioneer is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Bidder agrees to save and hold Auctioneer harmless regarding any kind of claim of any nature against Auctioneer if the Internet service fails to work correctly before or during the live auction. Auctioneer will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged are advised to use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Auctioneer reserves the right to withdraw or re-catalog items in this auction. 6. The auctioneer shall advance the bidding at his own discretion. Auctioneer may withdraw any item before or during the auction. The record of the auction made by Auctioneer shall be conclusive. Typical Bidding Increments: 0 - 100 = 10 100 - 500 = 25 500 - 1000 = 50 1000 - 2500 = 100 2500 - 5000 = 250 5000 - 10000 = 500 10000 - 25000 = 1000 25000 - 50000 = 2500 50000 - 100000 = 5000 The auctioneer has the sole and exclusive power, discretion, and authority to regulate the bidding and its increments, these bid increments are a guideline, but can be changed by the auctioneer at any time without notice. 7. When the auctioneer says “sold” Bidder assumes full responsibility for the merchandise. Everything MUST be paid for in full at the conclusion of the auction. Payment shall be made in cash or certified funds or by VISA or MasterCard. Checks of any kind must be accompanied by an irrevocable bank letter of credit guaranteeing payment to Auctioneer and approved at least 24 hours in advance of the auction. If a check accepted by Auctioneer is returned for any reason bidder agrees that Auctioneer may re-present it in person or electronically and collect the amount of the check as well as the highest service charges and fees allowed under Missouri law. If paying by certified check with a bank letter of credit Buyer shall immediately send payment by overnight priority mail to Auctioneer, 1081 Teson Rd, Hazelwood, MO. 63042. If Auctioneer does not receive payment by the Tuesday following the auction, the bidder agrees that Auctioneer shall add an administrative collection fee of $100.00 to their balance due. Any amount left unpaid shall accrue interest at the highest rate allowed under Missouri state law. Unless exempted by law, the purchaser shall pay any and all applicable taxes. Bidder agrees to indemnify Auctioneer against any claim if sales tax is not collected on Bidder’s purchases. Bidder agrees to not stop payment on any check paid to Auctioneer. Title to the merchandise transfers to Bidder only when Bidder’s payment has been honored. 8. The auction company will arrange for packing and shipping. Packing and shipping costs are the responsibility of the Bidder. All items will be shipped via USPS via priority mail. If bidder desires a different USPS shipment method it is their responsibility to contact Auctioneer by email before bidding to ascertain if Auctioneer is willing to ship the item via there method and to agree to negotiated shipping fees required by Auctioneer. All items will be insured for the purchase price. Any merchandise not removed by bidder may be moved and stored at bidder’s expense, resold at the next auction or disposed of in any other way Auctioneer deems to be suitable. Bidder shall have no claim to merchandise not removed by the date of the auction if shipping is not paid for within 15 days. 9. Bidder agrees that this agreement shall be governed by the laws of the state of Missouri and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Missouri. Bidder agrees and grants that service of process on them may be obtained by mailing a certified letter, containing a summons, postage prepaid, to them at the address they provided to register. Should a dispute arise between Auctioneer and Bidder, Bidder waives any right to a trial or hearing in a court of law and agrees to settle the dispute through binding arbitration in Missouri. Bidder agrees to pay all legal fees in any dispute with Auctioneer. 10. Auctioneer may refuse a buyer’s number to anyone for any reason. Bidder agrees to provide any identification Auctioneer may request including but not limited to: drivers license, photocopies of credit cards, Social Security card or US Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items. 11. delivery will be FOB destination. . 12. Bidder agrees they have done their due diligence and has asked all questions before they have bid. 13. Bidders who bid from off site and are not present at the live auction or preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. Auctioneer shall endeavor to describe in detail each item and any pertinent information about it. Auctioneer will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase. 14. Auctioneer is providing Internet pre-auction and live bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Auctioneer or anyone else if the Internet service fails to work correctly before or during the live auction. Auctioneer will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24 hours before the auction begins. Auctioneer reserves the right to withdraw or re-catalog items in this auction. All accounts must be settled at the conclusion of the auction. 15. Missouri residents and those picking up their purchases in Missouri (excluding those with valid resale tax ID numbers) will be charged 7.75% sales tax. 16. All guns will be sold according to all Missouri State and Federal laws. MO. residents over 21 who are not Felons may purchase guns. Buyers from other states will have to have their purchases delivered via a FFL licensed dealer, there will be a charge for this transfer of $45. Additionally, you agree by registering and participating in this auction that you will be bound by the full terms and conditions listed on the Mound City Auctions website at http://www.moundcityauctions.com/terms.html