1. By participating in the Imagery Wine Club Online Auction, you acknowledge that you have read, understand and accept these rules. Imagery Estate Winery (hereinafter referred to as “Imagery”) reserves the right to update and change these rules as needed.
2. The online auction is open to active Club Avant Garde Members who are residents of the 50 U.S. states and the District of Columbia who are at least 21 years of age. Employees of Imagery Estate Winery or The Wine Group, LLC are not eligible to participate.
3. You are prohibited from using any method, mechanism, device or software to affect the proper functioning of the online auction and 32auctions website. Imagery Estate Winery may, at its sole discretion and without notice, terminate the right of any participant in the online auction.
4. All auction items are the property of The Wine Group DBA Imagery Estate Winery. Any other use, including reproduction, modification, distribution, transmission, or display of the content on the website is strictly prohibited.
5. The items offered through the online marketplace are provided on an “as is” basis without any warrantee or guarantee of any kind.
6. The online auction is governed by and construed in accordance with the laws of the State of California . You agree to comply with all applicable laws, statutes and regulations regarding participation in the online auction and use of the 32auctions website.
7. Starting and ending time is determined by the website clock. Bids will be accepted during this time period only. Imagery Estate Winery reserves the right, at its sole discretion and without notice, to extend, terminate or modify the online marketplace in the event of unforeseen technical difficulties that alter the proper functioning of the online auction.
8. Bids may be placed online 24 hours per day at the online marketplace website, between the auction start date and time and end date and time.
9. Imagery Estate Winery will set a “Starting Bid” for each item. The “Starting Bid” is the minimum amount required to participate in the bidding for that item.
10. You may place a bid on more than one item available in the online auction.
11. 32auctions allows bidding using both an Exact and a Proxy Bidding system. Under proxy bidding, you enter the maximum amount you are willing to bid for an item. This is your Proxy Bid and is known only by you and 32auctions. You should be sure of your Proxy Bid prior to submission. The Proxy Bid that you submit may not necessarily be the price you pay if you are the successful bidder – you may pay less, but never more. However, choose your maximum carefully, as you will be legally bound to pay up to that price if it is the final highest bid.
12. Based on your Maximum Proxy Bid, 32auctions will place bids on your behalf at the lowest amount possible to make you the high bidder for the item. For example, if yours is the first bid on an item, 32auctions will place a bid on your behalf equal to the Starting Bid for that item and will continue to bid on your behalf until your maximum Proxy Bid amount is met.
13. If another bidder places a Proxy Bid on an item for which you have placed a bid, and your maximum Proxy Bid on that item is higher than the other bidder’s maximum Secret Bid, 32auctions will automatically place a bid on your behalf that is $25 more than the current leading bid, to ensure you remain the leading bidder. 32auctions will continue bidding in this fashion until one of three things happens:
14. It is your responsibility to monitor the outcome and status of your bids on the online auction website and, in the event that you are outbid by another bidder determine whether to continue bidding on an item. If you are outbid by another bidder with a higher Proxy Bid, you must submit a new Proxy Bid in order to continue your bidding on that item. If you submit a new Proxy Bid, that bid supersedes all your previous bids on that item. The amount of the new bid must be at least $10 more than the current leading bid on the item, and the quantity must be the same as or greater than the highest quantity in any of your previous maximum Proxy Bids on that item.
15. If your Proxy Bid is exactly the same as another bidder’s previously-placed Proxy Bid on the same item, the bidder whose bid was placed first shall be declared the leading bidder.
16. Imagery Estate winery may choose to use the Extended Bidding option which automatically extends the end time of an item by 3 minutes when it receives a bid during the final 3 minutes. This process repeats until no new bids are received during the final 3 minutes of the item bidding window or the auction has been extended for a maximum of 30 minutes beyond the original end time. When an auction is extended, you will see Extended Bidding messages displayed throughout the auction with a link for easily viewing all of the extended items.
17. In the event of a dispute between bidders or between bidders and 32auctions, or in the event of doubt or dispute as to the validity of any bid, Imagery Estate Winery will have the discretion to determine the successful bidder. All decisions by Imagery Estate Winery are final and binding.
Imagery Estate Winery is not responsible for any bids that are lost, misdirected, incomplete or illegible, or for failed, partial or garbled computer transmissions, or for technical failures of any kind including, but not limited to, malfunctioning of any network, hardware or software, which may limit a bidder’s ability to participate in the online marketplace. Proof of sending will not be proof of receipt by Imagery Estate Winery. Imagery Estate Winery is not responsible for any online, long distance telephone, or other charges you may incur in connection with participating in the online marketplace.
18. During and after the online auction, you may receive emails confirming bids you place, notifying you that you have been outbid by another bidder, or notifying you that you are a winner. These emails are for informational purposes only. Their transmission or omission do not constitute any change in the status of your bid or those of other bidders. Only the record of bids in the online auction system, as represented on the 32auctions.com website, constitutes the true bid record, as used by Imagery Estate Winery to determine the winning bidder at the close of the online marketplace.
19. At the close of the online marketplace, Imagery Estate Winery will determine the winning bidder (the buyer) for each item and will contact that bidder by email and/or phone within three days to notify him/her of his/her winning status and request payment. As the buyer, you may not retract your bid and are obligated to make full payment of the total purchase price within three days of notification being initiated by Imagery Estate Winery. If a buyer cannot be contacted, or if payment is not received in full, within three days of contact first being initiated, Imagery Estate Winery reserves the right to disqualify that buyer and deem the next highest bidder on the item to be the buyer. As the new buyer, you may not retract your bid and are obligated to make full payment of the total purchase price within two days of notification being initiated by Imagery Estate Winery. If a buyer cannot be contacted, or if payment is not received in full, within two days of contact first being initiated, Imagery Estate Winery reserves the right to continue the process of disqualification and notification of subsequent bidders.
20. The total purchase price of an item for each winning bidder is defined as the leading bid for the item at the close of the online auction. In the event that a bidder is disqualified and the item offered to the next highest bidder, the total purchase price shall be the next highest bidder’s bid amount.
21. The buyer shall pay the total purchase price to Becoming Independent. Specific payment instructions for each item won will be provided in winning bidder email notices or phone calls.
All delivery or pick-up arrangements will be made between Imagery Estate Winery and the respective buyer. Delivery may incur additional charges above and beyond the total purchase price, to be negotiated separately between the buyer and Imagery Estate Winery. All sales are final.