CONDITIONS OF BUSINESS
By using the Kaigai Fine Wine Asia Website and Kaigai Fine Wine Asia Services you (defined as ‘you’, ‘Buyer’ and/or ‘Seller’) agree to these Terms & Conditions and to Kaigai Fine Wine Asia’s Privacy Policy, which is incorporated within these Terms and Conditions by reference. Please read the following Terms and Conditions before using the Kaigai Fine Wine Asia.com (Kaigai Fine Wine Asia) Website (‘Site’) and the Kaigai Fine Wine Asia Services, including any Kaigai Fine Wine Asia account (‘Services’). Usage of the Kaigai Fine Wine Asia Website, including all information and content contained therein or accessed thereby, and the Kaigai Fine Wine Asia Services (collectively, the “Kaigai Fine Wine Asia Website and Services”) is subject to the following terms and conditions:
1. Legal Age to Use Kaigai Fine Wine Asia
To use the services of Kaigai Fine Wine Asia you must be of an age where it is permissible by law for you to consume alcohol. In most countries this is 18 years of age.
2. Auction Sales
Kaigai Fine Wine Asia does not warrant or represent, and denies responsibility for the accuracy of the descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated on the Site. Any and all statements made relating to the property offered on the Site are merely statement of opinion and at no time can be construed as warranties and representations of fact or assumptions of any liability on the part of Kaigai Fine Wine Asia.
3. Images
When a lot description of a bottle includes a photo, it will be the actual bottle being offered for sale. The lot information also includes inspection notes describing imperfections, although interested buyers should be aware that some details such as cork level, minor cuts, scrapes and other minor defects may not be fully captured in the lot information.
4. Purchase on an ‘as is’ basis
Buyer accepts all purchases on an ‘as is’ basis. Not withstanding any other terms of these Terms & Conditions, should Kaigai Fine Wine Asia receive any written claims within 21 calendar days of the auction that any property is with a shortage, or otherwise out of condition, or that any statement in the web site is without basis, then Kaigai Fine Wine Asia will judge such claims through inspection of the property or by any other just means as it determines, and may require the Seller to cancel the sale and may refund the purchase price. At all times the decision of Kaigai Fine Wine Asia in its capacity of auctioneer will be final and binding on all parties.
5. No Refunds or Returns Accepted for Corked Wine
Since all of our wine is consigned, and much of it very rare, we cannot replace wines that have been ruined because of cork taint. It is generally not possible to detect for corked wines affect by Trichloroanisole during the inspection process and as such, we do not accept returns of corked wine nor do we refund payments for corked wine.
6. Purchase Price
The term ‘final bid’ as used herein shall refer to the price at which any auction lot is knocked down to the Buyer. The purchase price due from the Buyer shall be the aggregate of the final bid and a premium of 15% of the final bid, and any applicable sales or other user tax. The final bid of a Buy Now item is the price shown on the lot description, plus any applicable sales tax.The complete purchase price, including delivery, of auction or Buy Now items will be automatically deducted from your Kaigai Fine Wine Asia account with the provided credit card. Title to the property will not pass from Seller to Buyer until full payment is received by Kaigai Fine Wine Asia. No property will be released to the Buyer until Kaigai Fine Wine Asia receives any applicable taxes or duties that Kaigai Fine Wine Asia may be required by law to collect. In addition, any applicable storage or shipping charges must also be received by Kaigai Fine Wine Asia prior to the release of the property.
7. All Auctions conducted in Japanese Yen Currency
All Kaigai Fine Wine Asia auctions are conducted in Japanese Yen. The Kaigai Fine Wine Asia account or credit card of each winning bidder will be charged in Japanese Yen for the hammer price, Buyer's premium and shipping cost (if any). The actual amount to be paid in your local currency will be determined by the exchange rate used by your credit card provider when you are actually charged. Kaigai Fine Wine Asia also reserves the right to require payment by wire transfer for the full price of purchased wine, buyer’s premium, insurance, applicable taxes and duties and shipping charges prior to shipping.
8. Buyer Accepts Full Risk and Responsibility for Lot
The highest acceptable bid received prior to the end of the auction date and time shall be from the Buyer, who will assume full risk and responsibility of the lot.
9. Kaigai Fine Wine Asia Service
Bids and Buy Now orders submitted to Kaigai Fine Wine Asia are processed and executed as a service and convenience to bidders. Neither Kaigai Fine Wine Asia nor its staff shall be responsible for any failure to execute such bids or Buy Now orders or any error relating to the same.
10. Buyer Failure to Comply
Should any Buyer fail to fully comply with these Terms & Conditions, Kaigai Fine Wine Asia may hold the Buyer liable for the purchase price or resell the property after reasonable notice is given to the Buyer. Any deficiencies attending the resale of property shall be the liability of the defaulting Buyer, along with any storage or legal fees and any other expenses or damages incurred by Kaigai Fine Wine Asia.
11. Shipping
All items will be shipped to the Buyer upon collection of the purchase price and any pre-paid shipping charges. All lots are delivered by Kaigai Fine Wine Asia's selected carriers. Buyer shall assume full responsibility for any shipping expenses. This includes shipping costs and packing. Since the sale of the wine between Seller and Buyer takes place at Kaigai Fine Wine Asia's Japan facility, the Buyer becomes the owner of the wine prior to its shipment.
Kaigai Fine Wine Asia will take all precautions to package the wine according to industry standards to minimize the possibility of damage. Kaigai Fine Wine Asia will use only reputable carriers who will safeguard the shipment as much as possible given the nature of the commodity. Kaigai Fine Wine Asia does not compensate for any loss or damage due to exposure to temperature variations, shipping delays, or defect in or failure of any cork or other bottle closure. The primary means of distribution will be common carrier. All wines are to be sold in Japan by Seller and title passes to Buyer in Japan. Kaigai Fine Wine Asia makes no representation as to the rights of anyone to import wine. In the event that a winning bid is placed by a resident of a country that restricts the personal importation of wine, the wine will be held at Kaigai Fine Wine Asia in Japan on behalf of Buyer until Buyer makes arrangements to ship the lot to an address that permits such shipments.When the weather is too hot or too cold to safely ship wine, your wine will be stored in Kaigai Fine Wine Asia’s temperature-controlled warehouse. If you choose to ship during extreme weather conditions, you assume all liability for the shipment and will not hold Kaigai Fine Wine Asia responsible.
12. Duties, Taxes and Customs Charges
The Buyer is responsible for all duties, taxes and customs charges incurred in shipping purchases from Japan to the Buyer's desired shipping address. To the extent that Kaigai Fine Wine Asia provides estimates of shipping charges, these should be treated as estimates only. The Buyer is responsible for the actual charges incurred.
13. Storage
All stored wines are subject to Kaigai Fine Wine Asia’s terms regarding Storage Period and Fees, if held more than 4 weeks.
15. Level of Wine in Bottles
Though every effort is made to describe or measure the levels of older vintages, corks more than 20 years old begin to lose their elasticity and wine levels can change between cataloguing and sale. Old corks occasionally fail during or after shipment. Buyers must understand that there is always a risk of cork failure with old wines. Under no circumstances can an adjustment of purchase price or credit be provided after delivery.
16. Storage Terms and Fees
Kaigai Fine Wine Asia will store purchased wine without charge for up to three months after the purchase date. If purchased wine has not been picked up by or shipped to Buyer within sixty days after the purchase date or Buyer’s credit card on file cannot be charged for shipping, Storage Fees will begin to accrue.
17. Right to Claim Lien over Buyer Wines
Kaigai Fine Wine Asia reserves the right to claim a lien for all lawful charges for storage of Buyer’s purchased wine, as well as interest, insurance, transportation, labour, and other charges and expenses in relation to such goods. Kaigai Fine Wine Asia also reserves the right to exercise its lien rights under the terms of any applicable law and/or agreement between Buyer and Kaigai Fine Wine Asia, including without limitation under these Terms of Service.
At any time after purchase, Kaigai Fine Wine Asia may, upon written notice to Buyer and any other person known to claim an interest in such goods, require the removal of any purchased wines from Kaigai Fine Wine Asia’s facility, upon payment of all charges attributable to such goods, within a stated period and not less than 30 days after such notice.
If Buyer does not timely comply with Kaigai Fine Wine Asia’s request, Kaigai Fine Wine Asia may sell Buyer’s purchased wine in accordance with applicable law and shall be entitled to exercise all other rights it has under the law with respect to such goods. Provided, however, if Kaigai Fine Wine Asia believes, in good faith, that the purchased wines are about to deteriorate or decline in value to less than the amount of Kaigai Fine Wine Asia’s lien in a shorter period than 30 days, Kaigai Fine Wine Asia may specify in the notification any reasonable time, less than 30 days after such notice, for removal of the purchased wines and in case such wines are not removed, may sell them at public sale held one week after a single advertisement or posting as provided by law. Kaigai Fine Wine Asia may satisfy its lien from the proceeds of any sale or disposition as permitted by applicable law.
