Terms of Use

Aeos Auctions Ltd (collectively, “Aeos”, “we”, “us” or “our”), on and through Aeoswines.com (the “Website”) and our mobile application (including any updates or upgrades to the application software and any related documentation) (collectively with the Website, the “Digital Platforms”), advertises, promotes, sells and auctions wine, spirits and other alcoholic beverages, and related products (collectively, “Products”) and provides other features, information, and news related to Products in a variety of media (collectively with Products, the “Products & Services”).

By accessing and using the Digital Platforms and/or using or purchasing our Products & Services, you are agreeing to be bound by these Website and Mobile App Terms of Use (the “Website and Mobile App Terms of Use” or “Terms”) without modification, limitation or qualification. Please read them carefully. Please also note that we may, in our sole discretion, modify or revise these Terms at any time by updating the text of this page, and you will be bound by any such modification or revision from that point forward. You should therefore visit this page periodically to review the Terms. Your continued access, use, browsing or purchasing via our Digital Platforms following the posting of changes to the Terms means that you accept those modifications or revisions. We will take appropriate measures to inform you of material changes to the Terms, consistent with the significance of the changes we make, including by email or by notification on our Digital Platforms. If you do not agree with the changes, you should notify us and immediately stop using the Digital Platforms. You can see when these Terms have been last updated by checking the “Last Revised” date displayed on the top of these Terms.

We often make Products & Services available to you through the Digital Platforms and when we do additional terms and conditions may apply. Such additional terms will be presented to you at the time of digital access to the applicable Products & Services. Those additional terms are hereby incorporated by reference into these Terms and become part of your agreement with us if you use, download or purchase those Products & Services (as applicable). In the event of a conflict between these Terms and those additional terms, the latter will control. For the avoidance of doubt, and merely by way of example, your purchase of non-auction wine, spirits and other alcoholic beverages through the Website will be subject to our Retail Conditions of Sale and your participation in any Aeos auction (including by bidding using the Digital Platforms) will be subject to the Conditions of Sale applicable to the relevant auction.

1. USING OUR WEBSITE

The Digital Platforms allow for browsing and online shopping of and access to our Products & Services (including retail purchases and placing bids at our live and online auctions). They also provide news and valuable information about our Products & Services, including, without limitation, data, articles, publications, videos, products, graphics, photographs, video, sound, audio clips, digital downloads, text, images, icons, coding, scripts, software, pictures and other material (collectively, “Content” or “Contents”). The Contents of the Digital Platforms are owned and controlled by Aeos or by third parties that have licensed their Content to us.

Warning: Our Products & Services relate to the advertisement and promotion, sale and auction of wine, spirits and other alcoholic beverages. By accessing, using, browsing or purchasing Products & Services on the Digital Platforms, you represent that you are at least 18 years of age. You further represent that upon purchasing Products via the Digital Platforms, you will ensure that the shipment and delivery of your purchase is received by a person at least 18 years of age.

2. LIMITED LICENSE

Subject to the restrictions and limitations set forth in these Terms, we grant you a limited, non-exclusive license to access and use the Digital Platforms for your own personal internal use. You are permitted to download no more than single copies or prints of the Contents for your personal and non-commercial use, or in the case of dealers, to display to your clients solely for purposes of facilitating a transaction with us.

3. PROHIBITIONS ON USE

You must obtain our prior written consent for any other reproduction of the Contents of the Digital Platforms or any portion thereof. The following activities are also expressly prohibited without Aeos prior written permission:

any non-personal or commercial use;

use of any robot, spider, other automatic device or manual process to monitor or copy the Digital Platforms or any of the Contents;

“mirroring” the Digital Platforms or any Content on any other server;

modifying, adapting, editing, creating derivative works from, transferring, selling, licensing, renting or otherwise exploiting or making commercial use of the Digital Platforms or any element thereof (including any Content, software code, data or materials used in or available on the Digital Platforms);

collection or use of product listings, descriptions or prices for a supplier of competitive or comparable products;

any action that imposes an unreasonable or disproportionately large load on the Digital Platforms or otherwise interferes with their functioning;

the input or upload of any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any Aeos system, including the Digital Platforms;

deleting or altering any copyright, trademark or other proprietary rights notices from copies of materials from the Digital Platforms;

attacking the Digital Platforms via a denial-of-service attack or a distributed denial-of-service attack;

exploiting or harming minors (or attempting to do so) in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

procuring the sending of any advertising or promotional material (without our prior written consent), including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; and

reverse engineering, decompiling, decrypting, disassembling or converting into human readable form, the Digital Platforms or any element thereof (including any Content, software, code, data or materials used in or available on the Digital Platforms).

You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Aeos, without our prior written consent. You may not use any meta tags or any other “hidden text” utilizing Aeos’s name or trademarks without our prior written consent.

In addition to the use specified herein, the Terms herein apply to any other software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with our Products & Services (the “Aeos Software”) and terms of the software license agreement accompanying such Aeos Software (the “License Agreement”), and is further conditioned on your agreement to be bound by the terms of the License Agreement.

4. PRIVACY

We consider the privacy and protection of our customers’ personal data and personal information to be paramount. Our Privacy Policy provides further information regarding our practices and policies in relation to personal data and personal information.

Unless otherwise explicitly stated herein, any non-personal information or material sent to Aeos will be deemed NOT to be confidential. By sending Aeos any non-personal information or material, you grant Aeos an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such materials or information, and you also agree that Aeos is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, Aeos will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are authorized or required to do so by law.

5. YOUR ACCOUNT

To shop, place orders, place bids at our live or online auctions, or otherwise use the Products & Services on our Digital Platforms, you may be required to open an online account and/or provide certain personalized information to us (collectively, “User Information”). You agree that you are solely responsible for the accuracy and content of your User Information, and you agree to keep it up to date. It is your sole responsibility to maintain the confidentiality of your account, password, digital signature and User Information, and for restricting access to your computer and other mobile devices. You are hereby advised to ensure that minors, children and persons under the age of 18 do not use your account and User Information to purchase our Products & Services or otherwise use any of our Digital Platforms’ functionality related to Products. You hereby agree to accept full responsibility for all activities that occur under your account or password.

6. INTELLECTUAL PROPERTY

As between you and Aeos, Aeos solely and exclusively owns all right title and interest in and to the Digital Platforms and all elements thereof, including all the Content, software, code, data, and materials used therein or available thereon, the look, feel and design of the Digital Platforms, the compilation of the Content, code, data and materials in the Digital Platforms, and all copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including rights of authorship, attribution and subsequent modification) and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) in any of the foregoing. Your use of the Digital Platforms does not grant to you any right, title or interest in any element thereof, and Aeos (and/or our applicable licensors and partners) owns and retains all right, title and interest (including all intellectual property and proprietary rights) therein and thereto.

Trademark Notice.

All marks on our Digital Platforms are registered trademarks of Aeos in China and Hong Kong and other jurisdictions. Aeosauctions.com and its related graphics, logos, page headers, button icons, scripts, and product and service names included in or made available through the Products & Services, are trademarks or trade dress of Aeos in China and Hong Kong and other jurisdictions. Aeos’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Aeos. All other trademarks not owned by Aeos that appear on the Digital Platforms are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aeos.

We respect the intellectual property rights of others, and require all users of our Digital Platforms and Products & Services to respect ours as well. If you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please report your alleged infringement as soon as possible, to hello@aeosauctions.com

7. DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE DIGITIAL PLATFORMS IS AT YOUR SOLE RISK, AND THE DIGITAL PLATFORMS AND ALL SERVICES, CONTENT (INCLUDING AEOS SOFTWARE OR ANY OTHER SOFTWARE), FUNCTIONS, MATERIALS AND PRODUCTS & SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIGITAL PLATFORMS (COLLECTIVELY, “MATERIALS”) ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THEIR OPERATION OR THE INFORMATION CONTAINED THEREIN, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULLEST EXTENT PERMITTED BY LAW, AEOS AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES, AGENTS, ASSIGNS, CONTENT PROVIDERS, SERVICE PROVDERS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “AEOS RELATED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AEOS RELATED PARTIES DO NOT WARRANT THAT THE MATERIALS, THE AEOS RELATED PARTIES’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE AEOS RELATED PARTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. LIMITATION OF LIABILITY

IF YOU OR ANY THIRD PARTY ARE DISSATISFIED WITH ANY PORTION OF THE DIGITAL PLATFORMS, OR WITH ANY PROVISION OF THE LICENSE AGREEMENT OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DIGITAL PLATFORMS AND PRODUCTS & SERVICES. UNDER NO CIRCUMSTANCES SHALL ANY OF THE AEOS RELATED PARTIES BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER’S USE OF THE DIGITAL PLATFORMS. IN NO EVENT SHALL ANY OF THE AEOS RELATED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DIGITAL PLATFORMS, THE DELAY OR INABILITY TO USE THE DIGITAL PLATFORMS, THE PROVISION OF OR FAILURE TO PROVIDE THE MATERIALS, OR THE CONTENT CONTAINED WITHIN THE MATERIALS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND EVEN IF THE AEOS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE AEOS RELATED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONARISING FROM THESE TERMS OR YOUR USE OF THE MATERIALS EXCEED, IN THE AGGREGATE, FIFTY UNITED STATES DOLLARS ($50.00) REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED,.

9. NOTICE REGARDING ENFORCEABILITY OF CERTAIN DISCLAIMERS AND LIMITATIONS OF LIABILTY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND/OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS PROVIDED FOR HEREIN

MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

10. PRODUCT DESCRIPTION AND TYPOGRAPHICAL ERRORS

We attempt to be as accurate as possible. However, except for the general product description for each item, Aeos makes no representation or warranties that product descriptions contained on the Digital Platforms are accurate, complete, reliable, current or error-free. As relates to the sale of wine, spirits and other alcoholic beverages, please refer to our Retail Conditions of Sale and relevant auction Conditions of Sale, as applicable, for information about our sale and auction policies.

11. LINKS

(a) Linking to the Digital Platforms.

You agree that if you include a link from any other website to the Digital Platforms, such link shall: (i) not contain information or be as of a kind to portray Aeos in a false, misleading, derogatory or otherwise offensive manner; (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Website (where it is a link to the Website). You are not permitted to link directly to any image hosted on the Digital Platforms or our Products & Services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Digital Platforms on another website or platform, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to the Digital Platforms in any manner such that the Digital Platforms, or any page of either of the Digital Platforms, is “framed,” surrounded, or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Digital Platforms be discontinued or removed, and to revoke your right to link to the Digital Platforms from any other platform at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may e-mail hello@aeosauctions.com

(b) Links to Other Websites.

You may be able to link from the Digital Platforms to third party websites or platforms, and third party websites or platforms may link to the Digital Platforms (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by Aeos. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third party website or platform is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances shall any of the Aeos Related Parties be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that other site’s administrator or webmaster.

12. ELECTRONIC COMMUNICATIONS

When you access our Digital Platforms, use or purchase any of our Products & Services or send e-mails to us, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Digital Platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

13. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend and hold each of the Aeos Related Parties harmless from and against any and all losses, damages, demands, claims, suits, judgments, costs, expenses, or other liability of any kind (including reasonable legal, accounting and expert fees, and expenses) relating to, arising from, or resulting from your use of the Contents (including Aeos Software) of the Digital Platforms, including your violation of law or the rights of any third party thereto, or your actual, threatened or alleged direct or indirect breach of any of these Terms. You further agree to advance each of the Aeos Related Parties, upon demand, all costs and expenses (including reasonable legal, accounting and expert fees, and expenses) as they are incurred by such Aeos Related Parties (as applicable) in connection with any matter covered by the indemnification provisions of this Section 13.

14. LOCAL STANDARDS

We do not represent that materials on the Digital Platforms are appropriate for use in all locations. Persons who choose to access the Digital Platforms do so of their own initiative, and are responsible for compliance with any applicable local laws.

15. NO WAIVER

Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under these Terms shall not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance.

16. SEVERABILITY

Should any part of these Terms be rendered or declared invalid by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms shall remain in full force and effect.

17. THIRD PARTY BENEFICIARIES

Nothing in these Terms shall be construed to give any rights to any third parties to enforce the terms hereof, except that each of the Aeos Related Parties (other than Aeos) shall be an express third party beneficiary of, and entitled to enforce, the protections and rights bestowed upon such entity or person herein.

18. GOVERNING LAW AND FORUM SELECTION

These Website and Mobile App Terms of Use (including your and Aeos’s respective rights and obligations hereunder and your use of the Digital Platforms) shall be governed by the laws of Hong Kong SAR without regard to the conflicts of laws principles thereof. For the benefit of Aeos, by using the Digital Platforms you consent and agree to the exclusive jurisdiction of the Hong Kong SAR in connection with any legal claim or action relating to, arising from, or in connection with these Terms (including your and Aeos’s respective rights and obligations hereunder and your use of the Digital Platforms) and consent to personal jurisdiction in such courts. You waive, to the maximum extent permitted by law, any objection to the laying of venue in any such court and any claim that such court would be an inconvenient forum for any action covered by this Section 18.

19. JURY TRIAL AND CLASS ACTION WAIVERS

YOU AND AEOS EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING FROM, RELATING TO, OR CONCERNING THESE WEBSITE AND MOBILE APP TERMS OF USE, INCLUDING THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER AND YOUR USE OF THE DIGITAL PLATFORMS.

YOU UNDERSTAND AND AGREE THAT ANY LEGAL ACTION OR PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND AEOS SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ACTION. THIS CLASS ACTION WAIVER IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.

23. FURTHER INQUIRIES.

Please feel free to direct any questions to us about these Terms, via e-mail at hello@aeosauctions.com

Each Auction has Terms and Conditions that must be agreed to in order for bidders to participate. The specific Auction Terms and Conditions will prevail in the case of any differences than those listed below.

Buying & Bidding Information

Prior to bidding, all participants must read the Buying & Bidding Information and the Conditions of Sale contained in this catalog that state the terms governing the purchase of alcoholic beverage products sold at auction. By participating in an auction, an auction participant agrees to be bound by the Conditions of Sale.

Estimates
Catalog lot entries include a description of every lot and an estimated price range that is our opinion of the price expected at auction. Estimates are a guide for bidders and generally reflect prices recently paid at auction for comparable alcoholic beverage products. Each estimate takes into account, among other things, condition, rarity, quality and provenance (history of owner, to the extent known). Estimates are determined in advance of the sale and are therefore subject to revision. Buyers should not rely upon estimates as a prediction of actual selling prices. Estimates do not include Buyer’s Premium or sales tax. Certain lots may be noted with “Estimate on Request” instead of a printed value in the catalog. Please contact a Aeos specialist for further information and bidding assistance.

Buyer’s Premium
A 22.5% Buyer’s Premium will be added to the successful bid price of each lot purchased and is payable by Buyer, together with the applicable sales tax which is applied to the total cost of purchase.

Reserves
Unless otherwise indicated, all lots are sold subject to a reserve. A reserve is the confidential minimum price established between Aeos and the consignor. The reserve will not exceed the low estimate for the lot. If any lot is not subject to a reserve, the lot will be identified by the symbol (s) next to the lot number in the printed catalog.

Examination of Wines
Aeos endeavors to select quality wines for auction and uses leading reputable expert(s) to assist Aeos in examining wines for auction. However, Aeos and any consignor are not liable for any description or error or omission in any description and prospective Buyers cannot rely on Aeos or any consignor. Prospective Buyers are urged and advised to examine any lots carefully prior to the auction at our temperature-controlled warehouse and can do so by appointment. Please contact Aeos at +852 3689 1607or hello@aeosauctions.com to set up an appointment.

Bidder Registration
No person shall bid or buy in any auction (or be shipped any property bought in any auction) who has not agreed (either in writing or electronically) to be bound by the Conditions of Sale and this Buying & Bidding Information. If a prospective Buyer has not previously bid with Aeos, a government issued photo identification (such as Hong Kong Identity Card or Passport) may be required.

If a business organization registers to bid in an auction, a Business Registration or a Certificate of Incorporation and/or proof of director may be required. First time Buyers may be asked to settle invoices by wire transfer or check. Aeos may also require front and back copies of all credit cards from first time Buyers along with picture identification.

Bidding by Aeos
Aeos reserves the right to bid on any lot on its own behalf, subject to the same terms and conditions applicable to all other Bidders.

LIVE SALE

Bidding
Lots are auctioned in consecutive numerical order, as they appear in the catalog. The auctioneer will accept bids from (i) those present in the saleroom, (ii) absentee bidders participating by telephone, online or by written bid provided to Aeos at least 24 hours prior to the first and second session (if applicable) of the auction,(iii) or live over the internet. The auctioneer may also execute bids on behalf of the consignor’s reserve; however, under no circumstances will the auctioneer place any bid on behalf of the consignor at or above the reserve. The auctioneer will not identify bids placed on behalf of the consignor. Prospective Buyers who have registered to bid by more than one method (for example, both as an in-saleroom and absentee bidder) must monitor all of their bidding activities (including in-saleroom bids, absentee bids, and online bids) to prevent bidding against themselves.

Parcel Lots
A parcel is a sequence of lots carrying the same estimates and consisting of the same type, quantity and bottle size. In this sale the Buyer of the first lot of a parcel will have, at the discretion of the auctioneer, the option to take any or all further lots in the parcel for the same price. If the option is not exercised on all lots in the same parcel, the auctioneer will open bidding on the next unsold lot and offer the Buyer of that lot the option to take any or all of the remaining lots in the parcel sequence. Bidding shall continue in the same manner until all lots in the parcel have been offered and declared sold or unsold by the auctioneer.

Live Online bidders who purchase the first lot in a parcel will be sent a message requesting that they choose how many additional lots in the parcel they would like to purchase. If an online bidder does not respond to the message, the auctioneer will open the next unsold lot in the sequence.

Online, Absentee, & Telephone Bids for Live Sales

Please note: Aeos offers the following services as a convenience to clients. Aeos is not responsible for any error in connection with or failure to execute absentee, telephone or online bids.

Online Bids
Live auctions will open for bidding on our website at www.aeosauctions.com approximately 3-4 weeks before the scheduled live auction date. Bids may be submitted online during this period.

There are two ways to bid online: (i) submit the starting/next bid or (ii) submit a maximum bid. To simplify the bidding process, Aeos uses predetermined bidding increments. If a maximum bid is submitted, bids will be placed on your behalf only as much as is required to ensure you remain the highest bidder (up to your maximum bid). In cases when two equivalent maximum bids are submitted, the earlier one will hold.

All bids submitted online are immediately executed. You cannot cancel a bid once it has been submitted. You may, however, adjust your maximum bid while it is higher than the current standing bid.

Estimates and Bid amounts may be shown in a secondary currency, shown in parentheses ( ), by the user selecting a preferred viewing currency on the website. Please note these values are only an estimate, based on recent exchange rates, and all bids as well as final payments will be conducted in the sale’s primary currency.

Prospective Buyers may also bid during the live auction on our website at www.aeosauctions.com

By registering and bidding on the internet, prospective Buyers agree to be bound by the Conditions of Sale. Aeos assumes no responsibility for disputes or errors arising from online bid activity. In the event of a dispute, the auctioneer’s declaration of winning bid and paddle number shall be determinative. In the event of communication delays or failures, the auction will not be stopped. Live online bidders should consider providing Aeos with emergency absentee bids.

Absentee Bids

If you are unable to attend the auction in person and wish to place bids, you may give Aeos instructions in writing to bid on your behalf. Aeos’ representatives will then try to purchase the lot or lots of your choice for the lowest price possible, taking into account the reserve price and other bids. This service is free and confidential. To place absentee bids, use the form provided herein or at https://auction.Aeos.com/. Be certain to accurately record the lot numbers and the highest hammer price you are willing to pay for the lot.

Please note: Your bid amount does not include Buyer’s Premium or applicable sales tax. Buyer’s Premium and applicable sales tax will be added to the hammer price of each lot.

Absentee bids must be submitted in consecutive numerical order, or they will not be executed. In addition, please use the bid increments included on the absentee bid form. If bids are submitted incorrectly, Aeos will round your bid up to the next increment. Please place bids as early as possible and at least 24 hours prior to the start of the first session of the auction. In the event of identical bids, the earliest bid received will take precedence. By registering and submitting absentee bids, prospective Buyers agree to be bound by the Conditions of Sale.

Placing Telephone Bids
Prospective Buyers may bid by telephone during the sale. Telephone bids are accepted only at Aeos’ discretion and at the prospective Buyer’s risk. Because of limited phone lines in the saleroom, Aeos must confirm arrangements for this service at least 48 hours prior to the start of the first session of the auction. At Aeos’ discretion, telephone bids may be limited to lots with a value above HK$16,000 or US$2,000 or GBP £1500 and may be recorded. By submitting a telephone bid, prospective Buyers agree to be bound by the Conditions of Sale.

Bidding in Online Sales

Bids can be submitted anytime during the course of an online auction on our website at www.auction.Aeos.com.

There are two ways to bid: (i) submit the starting/next bid or (ii) submit a maximum bid.
To simplify the bidding process, Aeos uses predetermined bidding increments. If a maximum bid is submitted, bids will be placed on your behalf only as much as is required to ensure you remain the highest bidder (up to your maximum bid). In cases when two equivalent maximum bids are submitted, the earlier one will hold.

All bids submitted online are immediately executed. You cannot cancel a bid once it has been submitted. You may, however, adjust your maximum bid while it is higher than the current standing bid.

By registering and bidding on the internet, prospective Buyers agree to be bound by the Conditions of Sale. Aeos assumes no responsibility for disputes or errors arising from online bid activity.

Sales and Other Taxes

All bids placed by Buyers are deemed to be submitted exclusive of any sales tax including United Kingdom value added tax and/or any other applicable tax of a similar nature, which shall (if required) be payable by the Buyer at the appropriate rate. Applicable VAT or sales tax is charged on the [successful bid price], Buyer’s Premium, and any other applicable charges on any other property purchased by the Buyer from Aeos unless Buyer has a valid exemption therefrom. All such taxes shall be paid by Buyer at the time of delivery to Buyer at Aeos’ licensed location.

Buyers claiming exemption from sales, use or other tax must provide Aeos with documentation, which, in Aeos’ sole discretion and judgment, is satisfactory evidence of such exemption, prior to the release of property to the Buyer. [Buyers claiming such exemption who are licensed dealers of alcoholic beverages must submit resale certificates and a copy of their valid licenses to Aeos prior to registering for the sale.]

All questions regarding sales tax and exemptions should be directed to Aeos Finance Department at +44.20.34758455, +852.2530.1971 or +1.914.874.8034.

Owned or Guaranteed Property

Aeos offers property consigned by others for sale at public auction. Occasionally, lots are offered which have in the course of the sale process become the property of Aeos. These lots are identified with the symbol

(■) next to the lot number. On rare occasions, Aeos may guarantee a minimum price to the consignor of property. Such lots are identified in the catalog by the symbol
(◆) next to the lot number. Guaranteed lots may also be sold subject to a reserve.

Successful Bid

The fall of the auctioneer’s hammer or the close of the online sale indicates the final bid, at which time the Buyer assumes full responsibility for the lot. Successful bidders will be notified and invoiced immediately after the close of the sale. Successful Buyers will pay the price of the final bid plus a 24.5% Buyer’s Premium plus any applicable taxes for each lot purchased.

Payment

Aeos will auto-charge zCollection purchases within 48 hours of the sale close to the credit card on file.

In respect of all other purchases, buyers are expected to pay for purchases within 14 calendar days of purchase for live sales and 7 calendar days of purchase for internet sales. At the end of this 14- or 7-calendar day period (as applicable), Aeos reserves the right to charge the Buyer’s credit card on file for any amounts still due. All amounts remaining due after this 14- or 7-calendar-day period will be subject to a 2% per month late charge. In addition, any payments in default after 21 calendar days will incur a penalty equal to 3% of the purchase price. Additional late fees equal to 3% of the total purchase price may be charged for every 14 calendar days past the initial 21-calendar day period. All payments are payments on account until all invoices and all balances due are paid in full.

Payment can be made by credit card, check, money order, bank wire transfer or cash. In the event of third-party payments, Aeos may require an Authorization Letter from both parties. Please submit the Collection & Delivery Form to expedite payment and delivery for auction purchases.

For New York auctions, payment is accepted in United States Dollars. For Hong Kong auctions, payment is accepted in Hong Kong Dollars. For United Kingdom auctions, payment is accepted in Pounds Sterling. Aeos, in its sole discretion, may accept payment in a different currency than stated above, and shall determine the currency exchange rate. To avoid delays in the release of your purchases, prospective Buyers are requested to supply bank references prior to the auction.

Buyers wishing to make payment by credit card must present the card in person at or prior to the auction. All charges are subject to acceptance by Aeos and the applicable credit card company. Aeos will accept Visa, MasterCard, American Express, Discover and Union Pay. Payment can be made via phone by calling +44.20.34758455. The maximum amount allowed to be charged on credit cards is limited to USD$20,000, HKD$150,000, or GBP £20,000 per auction, with the exception that payments via American Express have no limit. Aeos reserves the right to charge Buyer’s credit card and to immediately assess the relevant late payment charges set out above, should payment be past the due date, notwithstanding that the amount of such charge may exceed the above thresholds. When making payment via UnionPay, winning bidder must sign the auction invoice and acknowledge that possession of the wine has transferred from Aeos at time of payment. Signature must be same as the one signed on payslip.

In the event a charge or check is not accepted by the appropriate financial institution, Buyer remains liable for all amounts owed on date due. Buyers wishing to pay for purchases via wire transfer should contact Aeos’ Customer Service by calling +44.20.34758455, +852.2530.1971 or +1.914.448.3026 or email auction@Aeos.com.

When paying by wire transfer, please be sure to reference the invoice number in the details field.

Collection of Purchases
Buyers are expected to remove their property within 14 calendar days of the auction.

Collection, Delivery & Storage of Wines
For your convenience, Aeos’ Collection & Delivery Form is located both in the sale catalog and at https://auction.Aeos.com/ under Auction Details. It is the Buyer’s responsibility to pick up purchases or make shipping arrangements within 14 calendar days of the auction. Aeos will NOT automatically arrange for the delivery of purchased products. After payment has been received, Aeos can assist in the arrangement of packing, transit insurance, and shipping at the Buyers’ expense, direction and request. Wines which remain uncollected 90 days after the auction at which the wine is purchased will automatically be transferred to a storage account and incur storage charges.

Export/Import Permits
Alcoholic beverage products sold at auction may be subject to laws governing export from the jurisdiction where the auction was held and import restrictions of foreign countries. Buyers should always check whether an export license is required before exporting alcoholic beverage products. It is the Buyer’s sole responsibility to obtain any relevant export or import license. A delay in obtaining licenses shall neither justify the rescission of any sale nor excuse delay in providing full payment for the lot. Local laws may prohibit the importation of some property and/or may prohibit the resale of some property in the country of importation; no such restriction shall justify the rescission of any sale or delay in making full payment for the lot.

Delivery Restrictions
Prospective Buyers are also reminded that various jurisdictions impose limitations on the quantity of alcoholic beverage products which may be purchased and brought into their jurisdiction by a purchaser from another jurisdiction, without requiring the purchaser, a consignor or shipper to possess certain licenses or permits. Aeos shall not as a condition of sale assume any obligation or bear any responsibility whatsoever for applying for or obtaining the requisite permits or licenses in the event the quantity purchased exceeds said limitations. Therefore, all prospective Buyers are strongly advised to investigate the possibility of such limitations and to determine the manner in which alcoholic beverages shall be brought into the jurisdiction so as to comply with all local requirements.

Shipment of Spirits
Prospective Buyers should be advised there are certain restrictions regarding the shipment of spirits. Many countries and states impose limitations on quantity, high duties, and/or taxes, and prospective Buyers should be aware of export and import restrictions.

Auction Results
To obtain results for the auction, please refer to https://auction.Aeos.com/.

Translation
The terms and conditions have originally been drafted in English. In the event that any translation of the terms and conditions are prepared, the provisions of the English version shall prevail.

Conditions of Sale
These Conditions of Sale are Aeos’ and the Consignor’s entire agreement with the Buyer with respect to the property listed in this printed or online catalog. The Conditions of Sale and all other contents of this catalog may be amended by posted notices or oral announcements made during the sale. The property will be offered by Aeos as agent for the Consignor, unless the catalog indicates otherwise. By participating in an auction, you agree to be bound by these terms and conditions.

1.This catalog endeavors to describe the property listed herein accurately. However, Aeos and the Consignor shall not be liable for any such description and expressly disclaim any representation or warranty regarding the origin, physical condition, merchantability, fitness for a particular purpose, correctness of catalog description, size, quality, condition, rarity, authenticity, attribution, value, importance, provenance, previous storage conditions or historical relevance of any property herein. Aeos further retains the absolute right to amend at any time and in any manner any description of any property contained herein. Classifications in the text are for identification purposes only and based on standard sources. Buyers must make appropriate allowances for natural variations in ullages, conditions of cases, labels, corks and wine. Each statement contained in any catalog and each other statement, whether oral or written, and whether made at an auction or in an advertisement, bill of sale, addendum, posting, notice, announcement or otherwise, is a statement of opinion only and shall not be relied upon by any Buyer or otherwise be deemed a warranty or representation. Images appearing on the website, the printed catalog or elsewhere are for illustrative purposes only and may not be relied upon to reveal imperfections in any products. Aeos and the Consignor make no representation or warranty, express or implied, as to whether the Buyer acquires any copyright or other reproduction rights in any property. Neither Aeos nor the Consignor shall be liable for errors or omissions in the catalog or any supplemental material. Prospective Buyers are urged and advised to inspect the property before the auction, including the cases, labels, corks and wines, and must satisfy themselves by inspection or other means as to all considerations pertinent to any decision to place any bid. EACH PRODUCT AND EACH LOT HEREIN IS SOLD “AS IS,” AND BUYERS EXPRESSLY DISCLAIM ANY RELIANCE ON AEOS, THE CONSIGNOR, OR THE CATALOG.

2.The purchase price payable by the Buyer (“Purchase Price”) will be the sum of the final bid price (the “Hammer Price”), the Buyer’s Premium and the Protection Fee, together with any applicable sales tax. The Buyer’s Premium is 24.5% of the Hammer Price. The Protection Fee is 1% of the Hammer Price plus the Buyer’s Premium.

3.Aeos reserves the right to withdraw any property or cancel any sale before or at the sale and shall have no liability whatsoever for such withdrawal or cancellation.

4.Aeos reserves the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the Buyer. In the event of any dispute between bidders, or any other issue with respect to the bidder, the auctioneer will have absolute discretion to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the property in dispute. If any dispute arises after the sale, Aeos’ sale record is conclusive.

5.In its sole discretion, Aeos may accept and execute absentee bids (written bids submitted to Aeos prior to the sale), telephone bids and internet bids as a convenience to clients who are not present at auction.

6.Unless otherwise indicated, all lots in this catalog are offered subject to a reserve, which is the minimum price the Consignor is willing to accept. This amount is confidential and will not exceed the low presale estimate. Lots not subject to a reserve are identified with the symbol (d) next to the lot number. Aeos shall act to protect the reserve by bidding through the auctioneer. The auctioneer may open bidding on any lot below the reserve by placing a bid on behalf of the Consignor. The auctioneer may continue to bid on behalf of the Consignor up to the amount of the reserve, either by placing successive bids or by placing bids in response to other bidders.

7.Title to the offered lot passes to the Buyer upon the fall of the auctioneer’s hammer and the announcement by the auctioneer that the lot has been sold, or the close of the online sale, subject to compliance by the Buyer with all other Conditions of Sale.

7a Right of Cancellation
This section only applies to Buyers based in the United Kingdom who are acting as consumers (i.e. for purposes unconnected with their trade or business).

In the event that the Buyer purchases a product in any way other than in person at an auction (such other way being, for example, by way of absentee, telephone and/or online bid), the Buyer shall have a legal right to:
(i) withdraw any bid at any point prior to acceptance by Aeos (i.e. at the fall of the hammer); and/or
(ii) cancel any purchase within 14 days, which period shall expire after 14 days from the day on which the Buyer (or any third party indicated by the Buyer to receive such delivery) acquires physical possession of the goods (or the last good, in the case of multiple deliveries as part of the same lot).

To exercise the right to cancel any purchase, the Buyer is required to:
(i) inform Aeos of such decision by a clear statement in writing to auction@Aeos.com by no later than the expiry of the above cancellation period; and
(ii) send back the goods to or hand over the goods in person at Newcorp Logistics, Sikkel 13, 3274 KK Heinenoord, The Netherlands without undue delay and in any event no later than 14 days from the day on which the Buyer sends the relevant cancellation notice.

Subject to the foregoing, in the event that the Buyer cancels any purchase, Aeos shall reimburse the Buyer all payments received by it from the Buyer, including any costs of delivery paid to Aeos (except for delivery costs exceeding the least expensive type of standard delivery). The Buyer is required to bear the direct cost of returning the goods.

Aeos shall make the reimbursement without undue delay, and not later than: (i) 14 days after the day Aeos receives back from the Buyer any goods supplied; or (ii) if earlier, 14 days after the day the Buyer provides evidence that it has returned the goods. Aeos shall make the reimbursement using the same means of payment as used by the Buyer for the initial transaction, unless expressly agreed otherwise.

Aeos may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of handling by the Buyer other than as necessary to establish the nature and characteristics of the goods. For the avoidance of doubt, this cancellation right will not apply to any bottles of wine which have been opened.

8.The Protection Fee is 1% of the hammer price plus the Buyer’s Premium for all arranged deliveries of purchased property. In return for payment of the Protection Fee, purchased property will be protected against breakage, loss, theft or fire and other losses as covered by Aeos’ insurance while in transit to the Buyer’s declared point of destination. If Buyer elects to decline the protection afforded by the Protection Fee, Buyer thereupon assumes full risk and responsibility for the lot and shall immediately pay such part of the Purchase Price as Aeos, in its sole discretion, requires.

9.No property may be removed from Aeos’ premises until Buyer has paid the Purchase Price in full plus all other fees and taxes (inclusive of any taxes due in the location of the auction on Buyers who are not residents of such location) and has satisfied such terms as Aeos, in its sole discretion, shall require. Aeos reserves the right to withhold all property until such time as all outstanding amounts are paid in full from purchases from any prior auction(s). Upon receipt of full payment, Aeos will issue a Release Order, which must be presented in order for Aeos to release purchases made at auction. Subject to the foregoing, all lots are to be paid for no later than 4:30 PM (local time at the place of auction) of the fourteenth calendar day following the live sale, and removed from Aeos’ premises at Buyer’s expense no later than 90 calendar days after the date of sale. If payment is not made within 14 calendar days of purchase for live sales and 7 calendar days of purchase for net sales, Aeos reserves the right to impose a late charge of up to 2% per month of the Purchase Price, in addition to any other rights and remedies available by law to Aeos. Any payments in default after 21 calendar days of purchase will incur a penalty equal to 3% of the Purchase Price. Additional late fees equal to 3% of the Purchase Price may be charged for every 14 calendar days past the initial 21-calendar-day period. If Buyer fails either to timely remove the purchased lots from Aeos’ premises or make timely arrangements with New York Fine Wine Storage to store the purchased lots, Aeos may transfer such property to a public warehouse for the account, and at the risk and expense, of Buyer. If a lot has not been collected within 90 calendar days of the date of sale and Aeos does not transfer the uncollected property to a public warehouse, Buyer will be liable to Aeos for interest, storage fees, and handling charges.

10.Aeos is not responsible for acts or omissions by itself or others in packing or shipping, whether or not the carrier or packer is recommended by Aeos. Packing and handling of purchased lots are entirely at the risk of Buyer. Aeos may, at the request and direction of Buyer and for an administrative fee, make arrangements for the consolidated shipment by common carrier of the purchased lots, provided that Aeos is not liable in any way therefor.

11.If Buyer fails to comply with any of these Conditions of Sale, Buyer will be in default and Aeos may avail itself of all remedies available by law, including, without limitation, the right to (i) hold such defaulting Buyer liable for the Purchase Price including all fees, charges and expenses, (ii) cancel the sale of that lot and any other property sold to Buyer, (iii) resell the property without Reserve at public auction or privately on reasonable notice to the Buyer, (iv) pay the Consignor an amount equal to the net proceeds payable in respect of the amount bid by the defaulting Buyer and then resell the property to a third party without Reserve at public auction or privately on reasonable notice to such Buyer, and (v) take such other action as Aeos deems necessary or appropriate. If Aeos resells the property pursuant to clause (iii) or (iv) above, the defaulting Buyer shall be liable for the payment of any deficiency between the Purchase Price and the price obtained upon resale pursuant to clause (iii) and (iv) above and all costs and expenses, including, without limitation, warehousing, the expenses of both sales, reasonable attorneys’ fees, commissions, incidental damages and all other charges due hereunder. In the event that such Buyer pays a portion of the Purchase Price for any or all lots purchased, Aeos shall apply the payment received to such lot or lots that Aeos, in its sole discretion, deems appropriate. Any Buyer who fails to comply with these Conditions of Sale will be deemed to have granted Aeos a security interest in, and Aeos may retain as collateral security for such Buyer’s obligation to it, any property in Aeos’ possession owned by such Buyer. Aeos shall have the benefit of all rights of a secured party under the Uniform Commercial Code or applicable law adopted in the jurisdiction where the auction is held.

12.Payment will not be deemed to have been made in full until Aeos has collected good funds. In the event Buyer fails to pay any or all of the Purchase Price for any lot within 30 calendar days of sale and Aeos nonetheless elects to pay the Consignor any portion of the sale proceeds, Buyer acknowledges that Aeos shall have all of the rights of the Consignor to pursue the Buyer for any amounts paid to the Consignor, whether at law, in equity, or under these Conditions of Sale.

13.Notwithstanding any other terms of these Conditions of Sale, if within 3 calendar days of the date of delivery of the property, Buyer notifies Aeos in writing of a claim that any lot is short, ullaged, or has suffered breakage, then Aeos in its sole discretion will decide any such claim as between the Consignor and Buyer and may rescind the sale and refund all or part of the Purchase Price received. This does not affect any other rights of the Buyer at law or under these Conditions of Sale.
Notwithstanding any other terms of these Conditions of Sale, if a Buyer purchased property that is inauthentic and returns such property to Aeos within 90 calendar days of the date of delivery, then Aeos agrees to rescind the sale and refund the Purchase Price received.

The benefit of this Condition of Sale 13 is not assignable and shall be applicable only to the original Buyer of the lot and not to subsequent assigns, buyers, heirs, owners or others who have acquired or may acquire an interest therein.
At its discretion, Aeos will not always cut the bands on original packaging of younger wines. In such cases, Aeos will not accept returns for any issues the Buyer might discover after the band is cut.

14.Alcoholic beverage products sold at auction may be subject to laws governing export from the jurisdiction where the auction was held and import restrictions of foreign countries. Buyers should always check whether an export license is required before exporting alcoholic beverage products. It is the Buyer’s sole responsibility to obtain any relevant export or import license. A delay in obtaining licenses shall neither justify the rescission of any sale nor excuse delay in providing full payment for the lot. Local laws may prohibit the importation of some property and/or may prohibit the resale of some property in the country of importation; no such restriction shall justify the rescission of any sale or delay in making full payment for the lot.

15.Prospective Buyers are also reminded that various jurisdictions impose limitations on the quantity of alcoholic beverage products which may be purchased and brought into their jurisdiction by a purchaser from another jurisdiction, without requiring the purchaser, a consignor or shipper to possess certain licenses or permits. Aeos and Consignor shall not as a condition of sale assume any obligation or bear any responsibility whatsoever for applying for or obtaining the requisite permits or licenses in the event the quantity purchased exceeds said limitations. Therefore, all prospective Buyers are strongly advised to investigate the possibility of such limitations and to determine the manner in which alcoholic beverages shall be brought into the jurisdiction so as to comply with all local requirements.

16a.For auctions that are held not in Hong Kong or the District of Columbia or the United Kingdom, the respective rights and obligations of the parties with respect to the Conditions of Sale and the conduct of the auction shall be governed by and interpreted in accordance with the laws of the State of New York. By participating in an auction, whether present in person or by agent, by absentee bid, telephone bid, internet bid or other means, Buyer shall be deemed to have consented to the exclusive jurisdiction of the State Courts of, and the Federal Courts sitting in, the State and County of New York. For such auctions, Buyer’s sole and exclusive remedy against Aeos and/or the Consignor for any dispute or injury related to the auction or the property listed in the catalog shall be the rescission of the sale and the refund of the original Purchase Price paid for the lot. This remedy shall be in lieu of any other remedy which might otherwise be available to Buyer as a matter of law or at equity, and neither Aeos nor the Consignor shall be liable, in whole or in part, for any indirect, special, punitive, incidental or consequential damages, including, without limitation, loss of profits.

16b.For auctions that are held in Hong Kong, the respective rights and obligations of the parties with respect to the Conditions of Sale and the conduct of the auction shall be governed by and interpreted in accordance with the laws of the Hong Kong Special Administrative Region. By participating in an auction, whether present in person or by agent, by absentee bid, telephone bid, internet bid or other means, Buyer shall be deemed to have consented to the exclusive jurisdiction of the Courts of Hong Kong Special Administrative Region. For such auctions, Buyer’s sole and exclusive remedy against Aeos and/or the Consignor for any dispute or injury related to the auction or the property listed in the catalog shall be the rescission of the sale and the refund of the original Purchase Price paid for the lot. This remedy shall be in lieu of any other remedy which might otherwise be available to Buyer as a matter of law or at equity, and neither Aeos nor the Consignor shall be liable, in whole or in part, for any indirect, special, punitive, incidental or consequential damages, including, without limitation, loss of profits.

16c.For auctions that are held in the District of Columbia, the respective rights and obligations of the parties with respect to the Conditions of Sale and the conduct of the auction shall be governed by and interpreted in accordance with the laws of the District of Columbia. By participating in an auction, whether present in person or by agent, by absentee bid, telephone bid, internet bid or other means, Buyer shall be deemed to have consented to the exclusive jurisdiction of the District of Columbia courts and the United States District Court for the District of Columbia. For such auctions, Buyer’s sole and exclusive remedy against Aeos and/or the Consignor for any dispute or injury related to the auction or the property listed in the catalog shall be the rescission of the sale and the refund of the original Purchase Price paid for the lot. This remedy shall be in lieu of any other remedy which might otherwise be available to Buyer as a matter of law or at equity, and neither Aeos nor the Consignor shall be liable, in whole or in part, for any indirect, special, punitive, incidental or consequential damages, including, without limitation, loss of profits.

17.All offers and sales of alcoholic beverage products by Aeos are subject to the local laws governing the sale of alcoholic beverage products in the jurisdiction in which the auction takes place.

18.District of Columbia and New York State law requires that Buyers of alcoholic beverages must be at least 21 years of age. Hong Kong and English law requires that Buyers of alcoholic beverages must be at least 18 years of age. Buyers should observe and comply with the applicable laws relating to the purchase of alcoholic beverages in the jurisdiction where the auction is held. By participating in the auction, each Buyer represents and warrants to Aeos that he, she or it has the legal capacity to purchase, receive, and possess any lot purchased.

19.Aeos does not ship alcoholic beverage products. As an accommodation to Buyers, Aeos may arrange to have property packed, insured and delivered at Buyer’s expense and direction, but (other than as provided in Condition of Sale 8) Aeos shall have no liability or obligation for shipping alcoholic beverage products. Aeos makes no representation, and assumes no obligation, with respect to the legality of shipment of alcoholic beverage products into any jurisdiction. Aeos urges all Buyers to investigate and understand the alcoholic beverage products shipping laws and regulations of the jurisdiction to which they intend the alcoholic beverage products to be shipped prior to the purchase of alcoholic beverage products at auction.

20.By participating in the auction, Buyer agrees with Aeos and the Consignor that these Conditions of Sale, together with any instrument captioned (i) Buying & Bidding Information and (ii) General Catalog Notes published by Aeos and in effect from time to time and which are incorporated herein by reference as part of this Condition of Sale, shall become the legal, valid, and binding obligation of the Buyer, enforceable in accordance with their terms by Aeos and the Consignor (who is both a party hereto and, with respect to portions hereof between Buyer and Aeos, an intended third-party beneficiary).

21.In the event any one or more of the provisions, or any part or parts of a provision, of these Conditions of Sale is determined to be invalid or unenforceable in any respect, the validity and enforceability of all remaining provisions and parts of provisions shall not in any way be affected or impaired.

22.If there is any inconsistency between the English and translated version of the General Catalog Notes, the Buying & Bidding Information, the Conditions of Sale or all other relevant documents, forms, website or emails, the English version shall prevail.

Collection, Delivery & Storage of Wine

Purchases will be stored free of charge for the first 90 days after the auction at which the wine is purchased. After 90 days, clients will begin to incur storage fees. Contact Aeos at auction@Aeos.com for details.

Collection
Wines can be picked up from the location of storage based on the sale site. Buyers can arrange to collect their wine by appointment by contacting us at auction@Aeos.com. Please provide at least 72 hours notice before coming to collect your purchases.

For pickups, any additional packaging and/or handling that is required or requested will be subject to processing fees.

Delivery
Purchases will not automatically be shipped. Once payment has been received, arrangements can be made to deliver the wines to the Buyer to the primary shipping address on the account. For further information or collection and delivery assistance, please call +866.324.9954 or email auction@Aeos.com for the New York office or call +852.2530.1971 or email asia@Aeos.com for Hong Kong.
Original wooden cases and original cartons, when available, will be shipped automatically at an additional fee (varies per sale site) per case, unless instructed otherwise.

Aeos can assist you in making arrangements to have the wine purchased at auction shipped. All shipments and pickups will be subject to a 1% Shipping Protection Fee charge. This Shipping Protection Fee provides protection against only breakage, loss theft or fire as covered by Aeos insurance while in transit to the Buyer’s declared point of destination. Aeos and its forwarding agents cannot be held responsible for any other changes to the wines during shipment. Loss or breakage resulting from shipping that Aeos has arranged must be reported to Aeos in writing within three days of delivery of the property, which must be examined in the presence of the carrier on arrival.

To ensure the safety of the wines, it may be necessary in some shipments to repack the wines in protective shipping containers and to ship the wooden cases separately at an additional charge.
Buyers are also reminded that various jurisdictions impose limitations on the quantity of alcoholic beverages which may be purchased and brought into their jurisdiction by a purchaser from another jurisdiction, without requiring the purchaser, a consignor or shipper to possess certain licenses or permits. Aeos makes no representation, and assumes no obligation, as to the legality of shipment of alcoholic beverages into any jurisdiction. Aeos urges all Buyers to investigate and understand the wine shipping laws and regulations of the jurisdiction to which they intend the wine to be shipped prior to the purchase of wines at auction. The protection afforded by the Shipping Protection Fee does not cover confiscation by any government or law enforcement agency as a result of alleged violations of applicable laws by Sellers or Buyers.

Aeos will take precaution to ensure the safety of wines against inclement weather conditions. This may include delaying shipments during times of extreme high or low temperatures.

Delivery options and charges vary vased on the sale site. Please refer to the specific Auction Conditions of Sale for details or contact us at auction@Aeos.com.

Delivery Charges

Delivery options and charges vary vased on the sale site. Please refer to the specific Auction Conditions of Sale for details or contact us at auction@Aeos.com.

Special Notices:

Split lots are available upon request for a fee. Please contact our Customer Service Department at auction@Aeos.com for more information.

Delivery charges will include any applicable sales tax as required by state laws. Aeos is not responsible for any acts or omissions of any shipper with whom Buyer, not Aeos, has made arrangements to pack, ship or deliver purchased lots, including, without limitation, any packing, shipping or delivery of purchased lots.

Though every effort is made to describe or measure the levels of older vintages, corks over 20 years old begin to lose their elasticity and levels can change between cataloguing and sale. Old corks have also been known to fail during

or after shipment. We therefore repeat that there is always a risk of cork failure with old wines, and Aeos assumes no responsibility for this.

Under no circumstances can an adjustment of price or credit be made after delivery, except as provided in Paragraph 13 of the Conditions of Sale in this catalog.

Unless otherwise stated, Bordeaux are Château bottled.

It is Aeos general policy to describe levels for vintages prior to 1990. Unless otherwise noted, ullage levels will be appropriate for age.

At Aeos discretion, we will not always cut the bands on original pack- aging of younger wines. In such cases all wines are sold AS IS and will not accept returns for any issues the Buyer’s might discover after the band is cut.

At times, bottle numbers will be covered in photos to protect consignor anonymity

Adult signature is required for all shipments.

BIDDING INFORMATION

Each Auction has Conditions of Sale that must be agreed to for bidders to participate. The specific Auction Conditions of Sale will prevail in the case of any differences than those listed below.

Before bidding, all Bidders must read the Bidding Information and the Conditions of Sale published on the Company website and mobile app. By participating in an auction, the Bidder agrees to be bound by the Conditions of Sale.

Bidder Registration
To participate in any sale, you will need to register via the Company website www.aeosauctions.com or mobile app (Aeos) and be subject to a credit card verification process. You will be automatically issued a digital paddle number which will be used to identify you during the applicable sale.

Please do not share your login information with anyone as any lots sold to your paddle number will be invoiced to you.

A 22.5% Buyer’s Premium will be added to the successful bid price of each lot purchased and is payable by the Buyer.

Bidding
For online auctions, our primary means of bidding will be online. Bidders are, however, welcome to contact our team at hello@aeosauctions.com to submit written absentee bids.

In the case of a live auction, bidding will be accepted through various methods, including in-room, telephone, online and written absentee bids. Bidders who have registered to bid by more than one method (for example, both in-room and online) must monitor their own bidding activities to prevent bidding against themselves.

Payment

Invoices for purchases will be emailed to your registered email address within 2 days after the sale has ended. Invoices are due within 14 calendar days of purchase for live sales and 7 calendar days of purchase for online sales. At the end of this 14- or 7-calendar day period (as applicable), the Company reserves the right to charge the Buyer’s credit card on file for any amounts still due.

Payment can be made in Hong Kong Dollars by credit card (Visa, MasterCard, American Express, UnionPay), cheque, bank transfer or cash.

BANK DETAILS

Collection & Delivery of Purchases

We offer 30-days of free storage in our temperature-controlled warehouse from the end of the sale. For orders not collected or delivered thereafter, storage fees may be incurred.

Purchased lots can be collected or delivered once the invoice has been settled in full, with 72 hours’ notice.

Sale Results

Results for the sale are available upon request and the Company cannot accept liability for any errors or omissions, howsoever caused. Sellers should await their settlement statement as confirmation of any proceeds of sale.

CONDITIONS OF SALE:

1.BUYER’S AGREEMENT

By bidding at the auction, the bidder (“Bidder”) agrees that this Buyer’s Conditions of Sale (“Conditions of Sale”), together with the Delivery Policy, Bottle Description and Absentee Bids Form, as published by Arion Auctions Limited (“the Company”) constitute Bidder’s entire agreement (the “Agreement”) with the Company and the seller (“Seller”) concerning the property (“Property”) listed in the sale. The Company may amend the Agreement from time to time and at any time before, during and after any auction through posted notices, addenda or errata or oral salesroom announcements during the sale. By bidding at auction, Bidder agrees to be bound by all terms and conditions of the Agreement.

2.ARION AUCTIONS AS AGENT

Except as otherwise stated in the Agreement, the Company acts strictly as an agent for the Seller. The Agreement for the sale of all Property is therefore between Seller and the highest Bidder accepted by the auctioneer (“Buyer”). Property is divided into separate groupings as solely determined by the Company and each such grouping (a “Lot”) is subject to a separate bid at auction.

3.BEFORE AUCTION

a)Registration: To bid in this auction, Bidder must complete a digital registration, provide credit card details for verification, and confirm they are of age to participate. The Company retains the absolute right to refuse any prospective Bidder participation in any auction.

Bidder will be issued with a paddle number. This will be attributed to Bidder for the auction. Should a successful bid be made, the associated paddle number will be considered to have won the lot. Bidder should not let anyone else use his paddle as all Lots will be invoiced to the name and address registered to the paddle number. Once an invoice is issued it will not be changed. The paddle associated with the last bid received will be considered to have won the Lot.

b)Personal information: Without your express prior refusal, the Company will be allowed to keep your personal information and may use it to inform you of our upcoming sales, services, and events.

c)Examination of Wines: While care is taken to ensure the correctness of Lot descriptions, the Company and any Seller are not liable for any description or error or omission in any description and Bidders cannot rely on the Company or any Seller. Bidders are advised to examine any lots carefully before an auction at the Company’s temperature-controlled warehouse and can do so by appointment. Please contact us at hello@aeosauctions.com.

d)Online, Absentee, & Telephone Bids: The acceptance and execution of written or telephone bids are a discretionary free service offered strictly as an accommodation to Bidders and is undertaken by the Company subject to its obligations at the time of auction. Accordingly, the Company is in no event liable for any errors or omissions in executing such written bids or for any failure to execute any such bids.

Online Bids: All bids submitted online are immediately executed. You cannot cancel a bid once it has been submitted. You may, however, adjust your maximum bid while it is higher than the current standing bid.

We recommend submitting your maximum bid when bidding online. If a maximum bid is submitted, bids will be placed on your behalf only as much as is required to ensure you remain the highest bidder (up to your maximum bid). In cases when two equivalent maximum bids are submitted, the earlier one will hold.

Estimates and Bid amounts may be shown in a secondary currency by the user selecting a preferred viewing currency on the website. Please note these values are only an estimate, based on the recent exchange rate and are not legally binding. All bids, as well as final payments, will be conducted in Hong Kong Dollars.

Live auctions will open for bidding on the Company website at www.aeosauctions.com before and during the scheduled live auction date. Bids may be submitted online during this period.

The Company assumes no responsibility for disputes or errors arising from online bid activity. In the event of a dispute, the auctioneer’s decision is final. In the event of communication delays or failures, the auction will not be stopped.

Written Absentee Bids: Bidders are welcome to submit written absentee bids which will be recorded as soon as possible from confirmation of receipt. This will ensure the bids submitted first on any given lot will be accepted first by our time-based bidding system.

To place absentee bids, use the form provided herein or at www.aeosauctions.com. Please be sure to accurately record the lot numbers and the highest hammer price you are willing to pay for the lot.

Please use the bid increments included in the absentee bid form, bids off increment will be rounded up to the next bidding increment.

Absentee bidding will close 24 hours before the opening of the sale.

Placing Telephone Bids in Live Sales: Telephone bids are accepted at the Company’s discretion and the Bidder’s risk. Please request your telephone bidding soonest ahead of the sale, at least 24 hours to ensure a telephone line can be allocated, along with a team member to accommodate language requirements.

The Company will not be responsible for bidding on behalf of Bidder if Bidder is unavailable at the time of the auction or if the telephone connection is interrupted during bidding. Such bids are made at Bidders’ own risk and the Company cannot accept liability for any failure to receive and/ or place any such bids.

Bidding in Person at Live Sales: To bid in person, please register for and collect a numbered paddle before the auction begins. Proof of identity will be required. New clients are encouraged to register at least 48 hours in advance of a sale to allow sufficient time for us to process your information. All lots sold will be invoiced to the name and address to which the paddle has been registered and invoices cannot be transferred to other names and addresses. Please do not mislay your paddle; in the event of loss, inform our team immediately. At the end of the sale, please return your paddle to the registration desk.

4.DURING AUCTION:

a)Warranties: By bidding at auction, whether in person, through absentee bidding, telephone bidding, online bidding or otherwise, Bidders represent and warrant that (i) they are at least eighteen (18) years of age, (ii) they have the legal authority, right, and capacity to buy, receive, possess and otherwise deal in any Lot purchased, and (iii) any bids made by Bidder or on Bidder’s behalf are not under any anti-competitive agreement and are otherwise in compliance with all applicable laws.

b)No Liability: In no event shall the Company be liable for any errors in entering any bids or for failure to enter any bids.

c)Estimates: Each lot (“Lot”) includes a description and an estimated price that is the Company’s opinion of the price expected at auction. Estimates are a guide for Bidders and generally reflect recent market prices for comparable products. Estimates consider condition, rarity, quality, and provenance. Estimates are determined in advance of the sale and are therefore subject to revision. Bidders should not rely upon estimates as a prediction of actual selling prices. Estimates do not include Buyer’s Premium or any sales taxes as may be applicable.

All estimations, increments and hammer prices are represented in Hong Kong Dollars. Currency exchange is provided for reference only and the Hong Kong Dollar amount will always prevail.

d)Lot Descriptions: This catalogue endeavours to describe the property listed herein accurately. However, the Company and the Seller shall not be liable for any such description and expressly disclaim any representation or warranty regarding the origin, physical condition, merchantability, fitness for a particular purpose, the correctness of catalogue description, size, quality, condition, rarity, authenticity, attribution, value, importance, provenance, previous storage conditions or historical relevance of any Property herein. The Company further retains the absolute right to amend at any time and in any manner any description of any Property contained herein. Classifications in the text are for identification purposes only and based on standard sources. Bidders must make appropriate allowances for natural variations in ullages, conditions of cases, labels, corks, and wine. Each statement contained in any catalogue and each other statement, whether oral or written, and whether made at an auction or in an advertisement, bill of sale, addendum, posting, notice, announcement or otherwise, is a statement of opinion only and shall not be relied upon by any Bidder or otherwise be deemed a warranty or representation. Images appearing on the website, the printed catalogue or elsewhere are for illustrative purposes only and may not be relied upon to reveal imperfections in any products. The Company and the Seller make no representation or warranty, express or implied, as to whether the Buyer acquires any copyright or other reproduction rights in any property. Neither the Company nor the Seller shall be liable for errors or omissions in the catalogue or any supplemental material. Bidders are urged and advised to inspect the property before the auction, including the cases, labels, corks and wines, and must satisfy themselves by inspection or other means as to all considerations pertinent to any decision to place any bid. EACH PRODUCT AND EACH LOT HEREIN IS SOLD “AS IS,” AND BUYERS EXPRESSLY DISCLAIM ANY RELIANCE ON THE COMPANY, THE SELLER, OR THE CATALOGUE.

e)Bidding by the Company: The Company reserves the right to bid on any lot on its own behalf, subject to the same terms and conditions applicable to all other Bidders.

f)No Sellers Bidding: Sellers have agreed not to enter a bid or to cause a bid to be entered on their behalf on any Property of which they are the owner.

g)Parcel Lots in Live Sales: A sequence of identical Lots carrying the same estimates and consisting of the same type of wine, quantity and bottle size is considered a parcel (a “Parcel”). The Buyer of the first Lot in such Parcel may, in the discretion of the auctioneer, be granted the option to buy any or all additional Lots in the Parcel for the same hammer price if there is no higher absentee bid on any subsequent Lot within the Parcel.

If the option is not exercised on all such Lots, the auctioneer will open bidding on the next unsold Lot and may elect to offer the Buyer of that Lot the option to take any or all of the remaining Lots in the Parcel. Bidding shall continue in the same manner until all Lots in the Parcel have been offered and declared sold or unsold by the auctioneer.

h)Auctioneer’s Discretion: The Company and/or auctioneer has the sole and absolute discretion to (i) withdraw any Lot; (ii) divide any Lot; (iii) combine any two or more Lots; (iv) refuse any bid; (v) advance the bidding, including changing the increments, in such a manner as the Company and/or auctioneer may see fit; and (vi) in the event of error or dispute, to determine the successful bidder, to continue the bidding, cancel the sale, or re-offer and resell the disputed Lot. Wherever the Company and/or auctioneer exercises its discretion, its decision is final, binding, and conclusive in all respects.

The Company reserves the right to reject any bid.

i)Successful Bids: The fall of the auctioneer’s hammer or the close of the online sale indicates the final bid, at which time the Buyer assumes full responsibility for the lot. Successful Buyers will be notified and invoiced within 2 days after the close of the sale. Successful Buyers will pay the price of the final bid plus a 22.5% Buyer’s Premium.

Please note, the bidding may be reopened at the auctioneer’s discretion. The final bid is provisional until the end of the auction. The auctioneer is entitled to re-open the bidding at his discretion at any time before the end of the auction. At the end of the auction, the final bid becomes irrevocable.

j)Purchase Price: The purchase price payable by the Buyer (“Purchase Price”) will be the sum of the final bid price (the “Hammer Price”) and the Buyer’s Premium. The Buyer’s Premium is 22.5% of the Hammer Price. The purchase price is exclusive of any goods or service tax or other tax (whether imposed by Hong Kong or otherwise). If any such tax were to be paid under Hong Kong laws or any other laws, the Buyer shall be solely responsible to pay such tax and at the rate and time as required by the relevant law, or if such tax is to be paid by the Company, such tax may be added to the purchase price payable by the Buyer.

k)Transfer of Title: The Buyer hereby acknowledges and agrees that title of any Property shifts to the Buyer upon the issuance of the final invoice by the Company (“Final Invoice”). The Buyer hereby names and authorizes the Company as the Buyer’s exclusive agent to store or take any other action authorized by this Agreement until the Buyer remits payment for the Final Invoice in full to the Company. The Buyer acknowledges and waives the right to take possession of any purchased Lot or Lots until the Buyer remits payment in full of the Final Invoice to the Company.

5.AFTER SALE:

The Buyer agrees that any successful bid is subject to the terms and conditions set out in this Agreement. The Company may change the terms of this Agreement in advance of its being entered into, by setting out different terms by notices on the Company website, mobile app or in the sale venue before and/ or during the auction. The Buyer should be alert to this possibility of changes and ask if there have been any.

a)Removal of Lots: No property may be removed from the Company’s premises until Buyer has paid the Purchase Price in full plus all other fees and taxes (inclusive of any taxes due in the location of the auction on Buyers who are not residents of such location) and has satisfied such terms as the Company, in its sole discretion, shall require. The Company reserves the right to withhold all property until all outstanding amounts are paid in full for purchases from any other auction(s).

b)Payment:Subject to the foregoing, all lots are to be paid for no later than of the fourteenth (14th) calendar day following a live sale, or seven (7) calendar days following an online sale, and removed from the Company premises at Buyer’s expense no later than thirty (30) calendar days after the date of sale. If payment is not made within fourteen (14) calendar days of purchase for live sales and seven (7) calendar days of purchase for online sales, the Company reserves the right to charge the credit card on file for the full amount due or to impose a late charge of up to 2% per month of the Purchase Price, in addition to any other rights and remedies available by law to the Company. If the Buyer fails to collect the purchased lots from the Company’s premises within thirty (30) days of the sale, the Buyer may be liable to the Company for interest, storage fees and handling charges.

Payment can be made in Hong Kong Dollars by credit card (Visa, MasterCard, American Express, UnionPay), cheque, bank transfer or cash.

c)Default by Buyer: If Buyer fails to make the payment following the Conditions of Sale within ninety (90) days following the auction, the Company may, in its absolute discretion:

Cancel the sale.
Resell Property publicly or privately for Buyer’s account and at Buyer’s risk and charge Buyer for any deficiency between the final bid in the resale and the final bid placed by Buyer, in addition to all costs and expenses of both the initial sale and the resale at the Company’s regular rates and the Buyer’s premium due in connection with the initial sale;
Set off all sums due from Buyer against any amounts which the Company may owe to Buyer.
Exercise all the rights and remedies of a party holding a priority perfected security interest in any Property or other property in the Company’s possession owned or consigned by the Buyer.
Collect from the Buyer the total amount due plus any loss, cost or expense incurred by the Company in effecting such collection.
Charge the Buyer interest at the rate of eighteen per cent (18%) per annum on all sums due from Buyer.
Collect from Buyer the fees, expenses, and disbursements of legal counsel to the Company incurred in exercising any one or more of the rights or remedies outlined in this Agreement.
Not permit Buyer directly or indirectly to participate in future auctions.
Exercise any right or remedy against the Buyer available to the Seller; and
Assert any other rights or remedies available at law or in equity.

The Company may, in its discretion, exercise any one or more of the preceding remedies or any combination thereof.

d)Shipping: All packaging, handling, transporting, insuring, and delivering of purchased Property are the sole responsibility of Buyer and occur at the sole risk and expense of Buyer, whether or not Buyer engages the Company for such purpose. Buyer shall pay the Company in advance for all expenses incurred by the Company in engaging such services unless the Company chooses in its sole discretion to bill Buyer after such services are performed.

e)Export/ Import Permits: It is the Buyer’s sole responsibility to obtain any relevant export or import license. A delay in obtaining licenses shall neither justify the rescission of any sale nor excuse a delay in providing full payment for the Lot. Local laws may prohibit the importation of some property and/or may prohibit the resale of some property in the country of importation; no such restriction shall justify the rescission of any sale or delay in making full payment for the Lot.

f)Delivery Restrictions: Bidders are also reminded that various jurisdictions impose limitations on the quantity of alcoholic beverage products which may be purchased and brought into their jurisdiction by a purchaser from another jurisdiction, without requiring the purchaser, a consignor or shipper to possess certain licenses or permits. The Company shall not as a condition of sale assume any obligation or bear any responsibility whatsoever for applying for or obtaining the requisite permits or licenses in the event the quantity purchased exceeds said limitations.

g)Taxation: Taxation is determined by the laws of the destination of shipment. It is Buyer’s responsibility to ensure compliance with applicable tax laws for shipments. Some jurisdictions may also impose excise taxes on shipments of Property into their territory. The Company may collect such excise taxes from Buyer, where required.

h)Condition of Goods: Notwithstanding any other terms of these Conditions of Sale, if within 3 calendar days of the date of delivery of the property, the Buyer notifies the Company in writing of a claim that any lot is short, ullage, or has suffered breakage, then the Company, in its sole discretion, will decide any such claim as between the Seller and the Buyer and may rescind the sale and refund all or part of the Purchase Price received. This does not affect any other rights of the Buyer at law or under these Conditions of Sale.
Notwithstanding any other terms of these Conditions of Sale, if a Buyer purchased property that is inauthentic and returns such property to the Company within ninety (90) calendar days of the date of delivery, then the Company agrees to rescind the sale and refund the Purchase Price received.

The benefit of this Condition of Sale is not assignable and shall apply only to the original Buyer of the lot and not to subsequent assigns, buyers, heirs, owners or others who have acquired or may acquire an interest therein.

To be able to claim under this Clause, the Buyer must (i) notify the Company in writing within the 90 days of the reasons for believing the wine to be counterfeit, specifying the date of purchase and the reasons for such question; and (ii) return the wine to the Company in the same condition as at the date of sale to the Buyer and be able to transfer good title to the wine free from any third party claims arising after the date of such sale.

The Company in its sole discretion will decide the validity of any such claim as between the Company and the Buyer. It is specifically understood and agreed that the rescission of a sale and the refund of the original purchase price is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law, or in equity. The Company shall not be liable for any incidental or consequential damages incurred or claimed, including without limitation, loss of profits or interest.

The Company has the right to demand from the Buyer two independent specialist reports which are recognized by the specialist sector concerned and which are accepted by the Company and the Buyer at the expense of the Buyer. The Company shall not be subject to any report presented by the Buyer and retains the right to seek additional expert opinion at the expense of the Company.

At its discretion, the Company will not always cut the bands on the original packaging of younger wines. In such cases, the Company will not accept returns for any issues the Buyer might discover after the band is cut.

i)Different Importers. Although the Company tries to state in the catalogue if a Lot includes wines from different importers, failure to so state is not grounds for rescission of the sale of any Lot. Similarly, any incorrect statement or omission in the catalogue concerning bottles and/or sequence numbers of Property from those producers that number their bottles comprising Property, is not grounds for rescission of the sale of any Lot.

j)Buyer’s Indemnity: Buyer shall indemnify, defend, and hold the Company, and its officers, directors, employees and agents, harmless from any loss, expense (including attorneys’ fees and expenses, which shall be paid in advance), liability, costs, or damages incurred because of (i) any breach or alleged breach of any warranty herein or breach of this Agreement by Buyer, (ii) any inaccuracy of any certificate, document or instrument delivered by Buyer under or in connection with this Agreement, and (iii) any act or omission of Buyer, its agents or employees, adversely affecting Property. Buyer’s representations, warranties and indemnification will survive the completion of the transactions contemplated in this Agreement.

k)Copyright: The Company reserves copyright in all images, illustrations and written material produced by or on behalf of the Company, including, without limitation, the content of the Lot Descriptions (collectively, “Material”), and in no event may Buyer or any third-party use any of Material without the Company’s prior written consent. In no event do either the Company or the Seller make any representation or warranty that Buyer will acquire any copyright, reproduction right or any other intellectual property right in any Property.

6.GENERAL:

a)The section headings in this Conditions of Sale are for convenience of reference only and shall not be considered as substantive parts of this Agreement.

b)No provision of this Agreement shall be construed to create any agency, partnership, or other joint enterprises between the Company and Buyer.

c)By participating in the auction, Buyer agrees with the Company and the Seller that these Conditions of Sale, together with any instrument captioned (i) Bidding Information, (ii) Delivery Policy, (iii) Bottle Description and (iv) Absentee Bid Form published by the Company and in effect from time to time and which are incorporated herein by reference as part of this Condition of Sale, shall become the legal, valid, and binding obligation of the Buyer, enforceable under the terms by the Company and the Seller (who is both a party hereto and, concerning portions hereof between Buyer and the Company, an intended third-party beneficiary).

d)In the event any one or more of the provisions, or any part or parts of a provision, of these Conditions of Sale is determined to be invalid or unenforceable in any respect, the validity and enforceability of all remaining provisions and parts of provisions shall not in any way be affected or impaired.

e)For auctions that are held in Hong Kong, the respective rights and obligations of the parties concerning the Conditions of Sale and the conduct of the auction shall be governed by and interpreted under the laws of the Hong Kong Special Administrative Region. By participating in an auction, whether present in person or by agent, by absentee bid, telephone bid, online bid or other means, Buyer shall be deemed to have consented to the exclusive jurisdiction of the Courts of Hong Kong Special Administrative Region. For such auctions, Buyer’s sole and exclusive remedy against the Company and/or the Seller for any dispute or injury related to the auction or the property listed in the catalogue shall be the rescission of the sale and the refund of the original Purchase Price paid for the lot. This remedy shall be in lieu of any other remedy which might otherwise be available to Buyer as a matter of law or at equity, and neither the Company nor the Seller shall be liable, in whole or in part, for any indirect, special, punitive, incidental or consequential damages, including, without limitation, loss of profits. Seller shall have no other liability of any nature or kind under this Agreement, in tort or otherwise, whether at law or in equity, concerning this Agreement or the offer, purchase and sale of any wine comprising the purchase and sale of Property.

f)If there is any inconsistency between the English and translated version of the Conditions of Sale, Bidding Information, or all other relevant documents, forms, website or emails, the English version shall prevail.

DELIVERY POLICY:

The Company provides 30-days free storage in their temperature-controlled warehouse.
Once payment is received in full, the Buyer may arrange to collect the goods from the Company warehouse with at least 72-hours’ notice.

Delivery
Purchases will not automatically be shipped. Once payment has been received, arrangements can be made to deliver the wines to the Buyer For further information on collection and delivery assistance, please call 852-3689 1607 or email hello@aeosauctions.com.

To ensure the safety of the wines, it may be necessary in some shipments to repack the wines in protective shipping containers and to ship the wooden cases separately at an additional charge.

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