1. Buyer’s Agreement
By using the MW AUCTIONS Website and MW AUCTIONS Services you (defined as ‘you’, ‘Buyer’ and/or ‘Seller’) agree to these Terms & Conditions and to MW AUCTIONS’s Privacy Policy, which is incorporated within these Terms and Conditions by reference. Please read the following Terms and Conditions before using the MW-AUCTIONS.com (MW AUCTIONS) Website (‘Site’) and the MW AUCTIONS Services, including any MW AUCTIONS account (‘Services’). To become a “Seller”, there are further Terms & Conditions and other discretionary factors that need to be met.
Usage of the MW AUCTIONS Website, including all information and content contained therein or accessed thereby, and the MW AUCTIONS Services (collectively, the “MW AUCTIONS Website and Services”) is subject to the following terms and conditions:
2. Buyer’s Registration
Buyers participating in the auction must register on our website (https://www.mw-auctions.com) or mobile app (Android/ iOS: MW AUCTIONS) before or during the auction and agree to a credit card verification process.
To bid in auction, Buyer must complete a digital registration, provide credit card details for verification and confirm they are of age to participate. MW AUCTIONS retains the absolute right to refuse any prospective Buyer participation in any auction.
3. Auction Sales
MW AUCTIONS Limited warrants that it is the owner of the property offered for sale on the MW AUCTIONS Website. In addition, it warrants that it passes good title in the product to the Buyer and the title to the product and risk of loss of the product passes to the Buyer upon payment to MW AUCTIONS Limited for the product. Every attempt has been made to describe all property as accurately as possible.
However MW AUCTIONS does not warrant or represent, and denies responsibility for the accuracy of the descriptions, encompassing but not limited to vintage, provenance, authenticity, quality and condition as may be stated on the Site. Any and all statements made relating to the property offered on the Site are merely statement of opinion and at no time can be construed as warranties and representations of fact or assumptions of any liability on the part of MW AUCTIONS.
All Property is sold “as is.” Images appearing online in the Lot Description or elsewhere are for illustrative and informational purposes only and may not reveal defects or imperfections in any Property.
4. Before Auction
All MW AUCTIONS are conducted in Hong Kong Dollars. The MW AUCTIONS account or credit card of each winning buyer will be charged in Hong Kong Dollars for the hammer price, Buyer's premium and shipping cost (if any). The actual amount to be paid in your local currency will be determined by the exchange rate used by your credit card provider when you are actually charged.
MW AUCTIONS also reserves the right to require payment by wire transfer for the full price of purchased wine, buyer’s premium, insurance, applicable taxes and duties and shipping charges prior to shipping.
The highest acceptable bid received prior to the end of the auction date and time shall be from the Buyer, who will assume full risk and responsibility of the lot.
Bids submitted to MW AUCTIONS are processed and executed as a service and convenience to buyers. Neither MW AUCTIONS nor its staff shall be responsible for any failure to execute such bids or Buy Now orders or any error relating to the same.
Various jurisdictions prohibit the importation, or limit the quantity, of alcoholic beverages that may be brought or shipped into such jurisdiction. In addition, various jurisdictions may require Buyer, Consignor or shipper to possess certain licenses or permits. Moreover, local laws may prohibit the importation and/ or the resale of alcoholic beverages. It shall be Buyer’s sole responsibility to determine if such prohibitions, restrictions or limitations are applicable to Buyer and to determine before bidding at auction whether, and in what manner, alcoholic beverages can legally be brought into any jurisdiction. The prohibition or denial of, or delay in obtaining, any such permit or license shall neither justify the rescission of any sale nor any delay in making full payment for the purchase.
Property sold at auction may be subject to laws governing exportation from Hong Kong. It shall be Buyer’s sole responsibility to determine – before bidding at auction – whether an export permit or license is required for Buyer’s purchase and to obtain any such required permit or license. The denial of, or delay in obtaining, any such permit or license shall neither justify the rescission of any sale nor any delay in making full payment for the purchase.
MW AUCTIONS makes no representation or warranty as to the legal right of any party to ship or import alcoholic beverages to, from, or into any jurisdiction. Further, MW AUCTIONS assumes no obligation and bears no responsibility whatsoever for applying for or obtaining any such permits or licenses.
Buyer is responsible for any taxes; and/or duties and/or import fees, and/or customs brokerage fees that may be applied by local, regional or national authorities to the products they have purchased.
MW AUCTIONS assumes no responsibility whatsoever for any taxes; and/or duties and/or import fees, and/or customs brokerage fees that may be applied by local authorities, to the products purchased.
Buyers should complete digital registration for the auction on https://www.mw-auctions.com or on the mobile app on (or, if possible, before) the day of the auction. By registering for the auction, the buyer agrees to be registered as a member with MW AUCTIONS, which promotes, sells and auctions alcoholic beverages.
All bids made on behalf of Buyers will be made at the lowest level possible subject to Reserves and other bids made for the Lot. Where appropriate all bids will be rounded down to the nearest amount consistent with the auctioneer’s bidding increments.
5. During Auction
a) Lot Descriptions
Buyer should read the information in the Lot Descriptions as well and Buyer should be alert to the possibility of changes and ask in advance of bidding if there have been any. While MW AUCTIONS has attempted to describe each Lot in the auction accurately, in no event shall MW AUCTIONS be liable for any description or error or omission in such description. MW AUCTIONS retains the absolute right to amend at any time prior to and during the auction and in any manner any description of any Property. Classifications in the text are for identification purposes only and are based on standard sources. Each statement contained in the Descriptions and each other statement, whether oral or written, and whether made in an advertisement, bill of sale, addendum, notice, announcement or other written or oral communication, is a statement of opinion ONLY and shall not be relied upon by any Bidder. Bidders must make appropriate allowances for conditions of cases, labels, as well as natural variations of ullages, condition of corks and wine. In no event shall MW AUCTIONS accept a return, exchange, offer credit for, or adjust the price of any Property after delivery.
b) Reserve Price
Each Lot is sold subject to a reserve price, which is the minimum price below which the Lot will not be sold. MW AUCTIONS has the right to raise or lower the reserve price at any time prior to the time the Lot is opened for bidding.
c) Estimates
Each Lot is accompanied by a low and high estimate of the selling price, excluding the Buyer’s premium and any taxes. Estimates are only an expression of MW AUCTIONS’s opinion made on behalf of the Consignor of the range where MW AUCTIONS thinks the Hammer Price for the Lot is likely to fall; it is not an estimate of value. Any estimate should not be relied on as an indication of the actual selling price or value of a Lot. Where possible, estimates are based on past sales of comparable property, and while they are intended as a general guide for prospective Bidders, in no event do they constitute either a representation or a prediction of an actual selling price and should not be relied upon as such. MW AUCTIONS determines estimates in advance of the sale and reserves the right to revise estimates to reflect current market conditions.
d) Bidding
Warranties: By bidding at auction, whether on-site, through Internet, mobile, absentee, 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 Property purchased, and (iii) any bids made by Bidder or on Bidder’s behalf are not pursuant to any anti-competitive agreement and are otherwise in compliance with all applicable laws.
No Consignors Bidding: Consignors 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.
Max Bid: You may be able to set a maximum amount that you are willing to pay for a lot. If you set a Max Bid, you hereby authorize the Service to automatically increase your bid on your behalf on the applicable Lot you’ve selected up to your Max Bid. Your Max Bid is not visible to other bidders if it is greater than the Reserve Price; however, other bidders will be able to see a bid that has been entered for at least the Reserve Price.
Hammer Price: The highest bidder accepted at the time at which the auction ends will be Buyer and the end of the sale marks the acceptance of between Consignor and Buyer and a binding contract is made. The Hammer Price and the Buyer’s Premium payable by the Buyer 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 MW AUCTIONS, MW AUCTIONS may add such tax to the Purchase Price payable by the Buyer.
If two bidders tie with the same bid amount, then the earliest bid placed between the two becomes the Final Bid and wins the Auction.
Passage of Title: Buyer hereby acknowledges and agrees that title of any Property shifts to Buyer upon the issuance of the final invoice provided to Buyer by MW AUCTIONS (“Final Invoice”). Buyer hereby names and authorizes MW AUCTIONS as Buyer’s exclusive agent to store or take any other action authorized by this Agreement until Buyer remits payment for the Final Invoice in full to MW AUCTIONS. Buyer acknowledges and waives the right to take possession of any purchased Lot or Lots until Buyer remits payment in full of the Final Invoice to MW AUCTIONS.
No Liability: In no event shall MW AUCTIONS be liable for any errors in entering any bids or for failure to enter any bids.
e) MW AUCTIONS’s Discretion
MW AUCTIONS has the sole and absolute discretion to: (i) withdraw any Property; (ii) divide any Property; (iii) combine any two or more Lots; (iv) refuse any bid; (v) advance the bidding, including changing the increments, and/or determine the successful bidder, to continue the bidding, cancel the sale, or (iv) reopen the Auction to reoffer and resell any disputed Lots. Wherever MW AUCTIONS exercises its discretion, its decision is final, binding and conclusive in all respects.
f) Buyer’s Premium
A Buyer’s premium of nineteen percent (19%) shall be added to the hammer price.
6. After Auction
Buyer agrees that any successful bid is subject to the terms and conditions set out in this Agreement. MW AUCTIONS may change the terms of this Agreement in advance of its being entered into, by setting out different terms by notices on the auction platform or in the sale venue before and/ or during the auction. Buyer should be alert to this possibility of changes and ask if there have been any.
Buyer shall provide his/her/its credit card information to MW AUCTIONS upon registering for the auction to secure his/her/its payment for the purchase price. In order to ensure the integrity of our Auctions, your Payment Details must be confirmed and preauthorized for all bids that you place. Therefore, you may see activity on your Payment Details after placing a bid. When the Auction closes, your Payment Details will only be charged for the Purchase Price if you’ve placed the Final Bid, and all preauthorization charges will be released.
Final Invoices are rendered reflecting the final purchase price, which is the hammer price plus the buyer’s premium and any Tax. Buyer may pay each invoice upon receipt, but in any event must pay each invoice within seven (7) calendar days following the date of auction. At the end of this seven (7) calendar day period, MW AUCTIONS reserves the right to charge the Buyer’s credit card on file for any amounts still due. All amounts remaining due after this seven (7) calendar day period will be subject to an interest charge of 1.0% per week until the invoice is paid in full, notwithstanding any other provision of these Conditions of Sale.
Method of Payment:
(i) Bank transfer/Cheque
Beneficiary Name: MW AUCTIONS LIMITED
Beneficiary A/C No: (003) 574-1-204301-4 (HKD saving account)
Bank: Standard Chartered Bank (Hong Kong) Limited
Swift Code: SCBLHKHHXXX
Bank Address: Des Voeux Road, 4-4A Standard Chartered Bank Building Floor 32, Central, Hong Kong
Please quote your invoice number as reference.
(ii) Local Visa/ Mastercard
(iii) International Visa / Mastercard / AMEX / Union Pay
Once payment in full of the purchase price for the property, including buyer's premium, any applicable VAT or withholding tax and any other applicable taxes, has been received and accepted in good, cleared funds by MW AUCTIONS, and subject to Buyer’s compliance with the other terms and conditions of this Agreement, the ownership of the purchased Lots will be released to Buyer, that is, the Buyer shall bear the corresponding risks and responsibilities.
7. Buyer fails to comply
Should any Buyer fail to fully comply with these Terms & Conditions, MW AUCTIONS may hold the Buyer liable for the purchase price or resell the property after reasonable notice is given to the Buyer. Any deficiencies attending the resale of property shall be the liability of the defaulting Buyer, along with any storage or legal fees and any other expenses or damages incurred by MW AUCTIONS.
In the event of non-payment by a Buyer, or non-compliance by Buyer with these Terms & Conditions, MW AUCTIONS reserves the right to take any and all appropriate or necessary actions including, without limitation, cancelling or rescinding the transaction, reporting the defaulting Buyer to an appropriate credit reporting agency, charging the Buyer’s credit card for MW AUCTIONS’s fees and expenses incurred in connection with the non-compliance (including the costs of the transaction itself), turning any amounts due and owing over to a commercial collection agency and/or taking any other action permitted by law.
In no event shall MW AUCTIONS be liable for any incidental or consequential damages to Buyer.
8. Collection
The Buyer must go to Crown Wine Cellars ("Crown") to collect the purchased Property within thirty (30) calendar days from the Sale Date (including the Sale Date). It is the Buyer's responsibility to purchase insurance for the purchased lot after the risk has transferred to the Buyer.
Any Property not collected by Buyer within thirty (30) calendar days from the Sale Date (including the Sale Date) will be transferred to long-term storage by MW AUCTIONS and the costs of packaging, handling, removing, insuring, and storing that are incurred by MW AUCTIONS shall be reimbursed by Buyer, and the Buyer shall be borne fully responsible and risks for the purchased Property. Any such Lot will be released from storage only after payment is made in full of the aforesaid costs at the applicable rates then in effect. Please note that although MW AUCTIONS shall use reasonable efforts to take care of purchased Property after the expiration date, MW AUCTIONS and its staff will not be responsible for any damage or loss of the auction item.
9. Packing and Delivery
All items will be shipped to the Buyer upon collection of the purchase price and any pre-paid shipping charges. All lots are delivered by Buyer's preferred method of shipping or by MW AUCTIONS's selection if no Buyer preference is indicated. Buyer shall assume full responsibility for any shipping expenses. This includes shipping costs and packing. Note that shipping and handling costs are not included in the Purchase Price. All storage and shipping services for Wine purchased on the Service are managed and billed by Crown, and are governed by Crown Terms, available at https://www.crownwinecellars.com/cellar/services/.
If Buyer engages MW AUCTIONS to pack, handle, transport, insure and deliver the purchased Property, the above actions shall only be regarded as services provided by MW AUCTIONS to the buyer, if any risks, losses, and expenses arise therefrom, the Buyer shall bear them itself. Buyer shall pay MW AUCTIONS in advance for all expenses incurred by MW AUCTIONS in engaging such services unless MW AUCTIONS chooses in its sole discretion to bill Buyer after such services are performed.
MW AUCTIONS, on behalf of Buyer, will follow Buyer’s instructions in arranging the delivery of the purchased Property by a carrier selected by Buyer. Once the purchased Property is delivered to the carrier, MW AUCTIONS shall be deemed to have delivered the Lot and the Buyer shall be deemed to have collected such Lot according to the normal procedure. The risks arising from this process shall be borne by the
Buyer. MW AUCTIONS shall undertake no liability for any error, omission, damage, or destruction caused by any carrier or shipper designated by the Buyer or recommended by MW AUCTIONS to the Buyer, including, without limitation, any packing, handling, transporting, insuring or delivering of any Property and any storage or shipment of Property under inappropriate conditions.
Wines are inherently fragile and mutable: MW AUCTIONS will not be responsible for any physical cork movements and the damage of any capsules, wax or otherwise, that arises during any chosen shipment method.
MW AUCTIONS is not liable for any wine flaws/faults, including but not limited to, inherent flaws derived from the winery or cork supplier of origin, notably 'cork taint' (2,4,6-trichloroanisole - aka TCA ), Brettanomyces, heat damage, volatile acidity, and/or other related conditions.
MW AUCTIONS accepts no liability. In no event shall MW AUCTIONS be liable for any indirect, special, punitive, consequential, loss of profit or other damages, including, without limitation, attorneys’ fees and expenses, no matter how arising, and MW AUCTIONS’s maximum liability shall be the amount paid by Buyer (exclusive of all taxes) for any Property that is subject to return as permitted hereby.
Seller shall have no other liability of any nature or kind under this Agreement, in tort or otherwise, whether at law or in equity, with respect to this Agreement or the offer, purchase and sale of any wine comprising the purchase and sale of Property.
Different Importers: Although MW AUCTIONS makes an effort to state in the Description if a Lot includes Property from different importers, failure to so state is not grounds for rescission of the sale of any Property. Similarly, any incorrect statement or omission in the Description concerning sequence numbers of Property from those producers that number their goods comprising Property, is not grounds for rescission of the sale of any Property.
When the weather is too hot or too cold to safely ship wine, your wine will be stored in MW AUCTIONS’s temperature-controlled warehouse. If you choose to ship during extreme weather conditions, you assume all liability for the shipment and will not hold MW AUCTIONS responsible.
The Buyer is responsible for all duties, taxes and customs charges incurred in shipping purchases from Hong Kong to the Buyer's desired shipping address. To the extent that MW AUCTIONS provides estimates of shipping charges, these should be treated as estimates only. The Buyer is responsible for the actual charges incurred.
Though every effort is made to describe or measure the levels of older vintages, corks more than 20 years old begin to lose their elasticity and wine levels can change between cataloguing and sale. Old corks occasionally fail during or after shipment. Buyers must understand that there is always a risk of cork failure with old wines. Under no circumstances can an adjustment of purchase price or credit be provided after delivery.
10. Storage Terms and Fees
All wine purchased on the Service will be automatically placed into storage at Crown, our preferred storage partner. For wine that you purchase, Crown will provide free storage on behalf of Ming Wines Auction for a minimum of thirty (30) calendar days from the Sale Date (including the Sale Date). Such storage will be subject to you agreeing to and abiding by the Crown’s Terms and Conditions ("Crown Terms"), which can be found on MW AUCTIONS’s website located at https://www.crownwinecellars.com/cellar/services/.
If purchased wine has not been picked up by or shipped to Buyer within thirty (30) calendar days after the purchase date or Buyer’s credit card on file cannot be charged for shipping, Storage Fees will begin to accrue.
For Buyers the storage Fee is $5.00 HKD per bottle for each month or part thereof.
Storage Fees are charged on a per month basis for each month or part thereof, and are not prorated or refunded. All Storage Fees are due and payable on the first day of storage for the initial month and thereafter on the first day of each succeeding calendar month.
Wines will not be released or shipped until all Storage Fees are paid. Unless otherwise stated by MW AUCTIONS, wines will be stored in Crown.
11. Right to Claim Lien over Buyer Wines
MW AUCTIONS reserves the right to claim a lien for all lawful charges for storage of Buyer’s purchased wine, as well as interest, insurance, transportation, labour, and other charges and expenses in relation to such goods. MW AUCTIONS also reserves the right to exercise its lien rights under the terms of any applicable law and/or agreement between Buyer and MW AUCTIONS, including without limitation under these Terms of Service.
At any time after purchase, MW AUCTIONS may, upon written notice to Buyer and any other person known to claim an interest in such goods, require the removal of any purchased wines from MW AUCTIONS’s facility, upon payment of all charges attributable to such goods, within a stated period and not less than thirty (30) calendar days after such notice.
If Buyer does not timely comply with MW AUCTIONS’s request, MW AUCTIONS may sell Buyer’s purchased wine in accordance with applicable law and shall be entitled to exercise all other rights it has under the law with respect to such goods. Provided, however, if MW AUCTIONS believes, in good faith, that the purchased wines are about to deteriorate or decline in value to less than the amount of MW AUCTIONS’s lien in a shorter period than thirty (30) calendar days, MW AUCTIONS may specify in the notification any reasonable time, less than thirty (30) calendar days after such notice, for removal of the purchased wines and in case such wines are not removed, may sell them at public sale held one week after a single advertisement or posting as provided by law.
MW AUCTIONS may satisfy its lien from the proceeds of any sale or disposition as permitted by applicable law.
12. Return Policy
If you notice that you have received wrong or broken items, please notify us within 24 hours of receiving the goods either by telephone or email and MW AUCTIONS will arrange for a replacement or full refund.
Many of MW AUCTIONS’s products are old or rare wines. In some cases, these wines can be past their peak drinking window and may be either unpleasant or undrinkable. MW AUCTIONS wines which represent excellent condition examples of the wines in question in terms of their fill levels, labels and physical appearance. MW AUCTIONS accepts no responsibility for a wine being unpleasant or undrinkable where it is considered possible that the wine is beyond its peak drinking window.
The wine industry estimates that between 3 and 7 percent of all wines sealed with natural corks are ruined because of a natural fungus in corkwood that produces the chemical compound trichloroanisole, or TCA within the cork. TCA has a distinctive odour resembling mouldy newspaper or damp basement. In almost all cases of ‘corked’ wine, the aroma of the wine is reduced significantly, and a heavily tainted wine is completely undrinkable. Since some of our wines are very rare, MW AUCTIONS cannot replace wines that have been ruined because of cork taint. MW AUCTIONS do not accept returns of corked wine nor do MW AUCTIONS refund payments for corked wine.
International Customers (Outside of Hong Kong): Due to freight costs, tax regimes and customs practices, it is almost impossible for us to assess whether a bottle of wine is faulty within a reasonable period of time. Accordingly, MW AUCTIONS are unable to offer refunds or replacements on wine to International Customers. Please consider this risk carefully before making your purchase.
13. Governing Law
The laws of Hong Kong shall govern the rights and obligations of all parties. All other claims arising out of or relating to the MW AUCTIONS Website and Services shall be governed by the laws of Hong Kong.
14. Customer Obligations and Warranties
By accessing or using the MW AUCTIONS Website and Services, you agree not to do any of the following in connection with your use of the MW AUCTIONS Website and Services:
(i) Breach these Terms & Conditions;
(ii) Use the MW AUCTIONS Website and Services in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, to provide false information, or to impersonate other users;
(iii) Modify MW AUCTIONS copyright or MW AUCTIONS trademark(s) or other proprietary rights, or interfere with the security-related features of the MW AUCTIONS Website;
(iv) Post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property, personal or proprietary right;
(v) Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
(vi) Post or transmit information or content that is false, hateful, abusive, threatening, libellous, defamatory, harmful to minors, discriminatory, obscene, pornographic or otherwise inappropriate, offensive, illegal, improper or disorderly, or contains or constitutes excessive messages or information;
(vii) Post or transmit any unauthorized commercial, advertising or promotional materials, including without limitation, “spam” or mass distributions;
(viii) Upload viruses, trojans or other malicious code;
(ix) Use any scripts, crawlers, bots, or other automated means to access the MW AUCTIONS Website for any purpose without the express written permission of MW AUCTIONS, or use software to determine architecture of or extract usage data from the MW AUCTIONS Website;
(x) Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or that may interfere or attempt to interfere with the proper working of the MW AUCTIONS Website; or
(xi) Refuse to cooperate in an investigation or provide confirmation of your identity or fail to confirm any information you provide to us.
15. Reserved Rights
MW AUCTIONS reserves the right to set and enforce limits on the amount of data and other content that may be accessed by users of the MW AUCTIONS Website and Services. MW AUCTIONS may change, limit, suspend, or discontinue any aspect of the MW AUCTIONS Website and Services at any time without prior notice, including the availability of any feature, account, database or content.
16. Site Materials
The MW AUCTIONS Website and all content, including, without limitation, design, text, graphics, pictures, videos, logo, data, pricing, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the sole proprietary property of MW AUCTIONS and are protected by intellectual property laws. These Site Materials may not be used by anyone without MW AUCTIONS’s express, written permission.
17. Right to Suspend or Limit
MW AUCTIONS, in its sole discretion, may suspend, limit, hold or place other limitations on your use of the MW AUCTIONS Website and Services or any MW AUCTIONS account or credit in any account. MW AUCTIONS may release credits or funds in any MW AUCTIONS account to a third party in the event MW AUCTIONS receives notice of a court order or other legal process that requires such action.
18. Disclaimer of Warranties and Limitation of Liability
You agree that you are making use of the MW AUCTIONS website and services at your own risk, and that they are being provided to you by MW AUCTIONS on an “as is” and “as available” basis. MW AUCTIONS makes no warranties, express or implied, with respect to the MW AUCTIONS website and services.
To the fullest extent permitted by law, MW AUCTIONS hereby disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Furthermore, MW AUCTIONS makes no warranty that the MW AUCTIONS website and services will be uninterrupted, accurate, reliable, timely, secure, or free from viruses or other harmful components. In addition, to the extent permitted by applicable law, neither MW AUCTIONS nor its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries nor their related companies shall be liable for:
(i) Any damages whatsoever resulting directly or indirectly from;
(ii) Your use or misuse of or your inability to use the MW AUCTIONS website and services;
(iii) Delays or disruptions in the MW AUCTIONS website and services;
(iv) Errors or inaccuracies of any kind in the MW AUCTIONS website and services;
(v) Viruses or other malicious software obtained by accessing or linking to the MW AUCTIONS website or services, or
(vi) Any suspension or other action taken with respect to your account by MW AUCTIONS; nor for
(vii) Indirect, incidental, special, consequential or exemplary damages (even if MW AUCTIONS have been advised of the possibility of such damages), arising out of, relating to, or in any way connected with your use or misuse of or your inability to use the MW AUCTIONS website and services.
19. Indemnity
You agree to indemnify, defend and hold harmless MW AUCTIONS and its officers, directors, employees, parents, partners, successors, agents, distribution partners, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including interest, penalties, and attorney fees and amounts paid in investigation, defending or settling any of the foregoing) arising out of or related to:
(i) your access to or use or misuse of the MW AUCTIONS Website and Services;
(ii) your User Content;
(iii) any actual or alleged violation or breach by you of these Terms & Conditions or of any representation, warranty or covenant that you have made to MW AUCTIONS;
(iv) your violation of the law;
(v) your negligent or willful misconduct; or (vi) your violation of the rights of any third party. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
20. Dispute Resolution
Please read this section carefully as it affects your rights.
You and MW AUCTIONS each agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to these Terms and Conditions, any prior version of these Terms and Conditions, or your use of or access to the MW AUCTIONS Website and Services, will be resolved in accordance with the provisions of this Dispute Resolution section.
You and MW AUCTIONS agree to first contact each other with regard to any claim or dispute, and to provide a written description of the problem, all relevant documents/information and the proposed resolution. MW AUCTIONS will contact users of the MW AUCTIONS website based on the contact information provided to us. Notice to MW AUCTIONS must be sent to: MW AUCTIONS LIMITED, Unit D, 10/F Ho Lee Commercial Building, 38-44 D'Aguilar Street, Central, Hong Kong or info@mw-auctions.com.
If after sixty (60) calendar days the parties are unable to resolve any dispute raised, the parties agree that the dispute must be submitted to arbitration consistent with this dispute resolution section, except that you may assert eligible claims in small claims tribunal in Hong Kong.
The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
21. HongKong International Arbitration Centre (HKIAC)
You and MW AUCTIONS each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not parties to these Terms & Conditions, whether related to these Terms & Conditions or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by Hong Kong International Arbitration Centre (‘HKIAC’) under its rules and procedures in effect, as modified by these Terms & Conditions (as permitted under such rules and procedures), when the claim is filed and the arbitration shall occur in Hong Kong.
The rules and procedures and other information, including information on fees, may be obtained from HKIAC 's website (www.hkiac.org) and a form for initiating arbitration proceedings is available on HKIAC's site at http://www.hkiac.org. In addition to filing this form with HKIAC in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: MW AUCTIONS LIMITED, Unit D, 10/F Ho Lee Commercial Building, 38-44 D'Aguilar Street, Central, Hong Kong. If the value of the relief sought is $10,000 or less, you or MW AUCTIONS may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and MW AUCTIONS. Attendance at an in-person hearing may be made by telephone by either of us, unless the arbitrator requires otherwise. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Further, each party agrees that any arbitration will be solely between MW AUCTIONS and the user of the MW AUCTIONS, not as part of a class action claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the class action dispute must be brought in court.
Notwithstanding the foregoing, either party may bring qualifying claims in small claims tribunal in Hong Kong.
22. Privacy Policy
MW AUCTIONS collects, uses and shares Buyer’s personal data and/or information, as applicable, in accordance with Buyer’s privacy policies, which are incorporated herein by reference and are available at: https://www.mw-auctions.com/privacy-policy (collectively, the “Privacy Policy”). By entering into this Agreement, Buyer expressly consents to the collection, use and disclosure of its personal data and/or information in accordance with MW AUCTIONS’s Privacy Policy.
You need not supply any personal data in order to access the MW AUCTIONS website or mobile app. When you participate in, access or sign up to any of the Services, personal data is collected from you to enable MW AUCTIONS to provide you with the Services. You may decline to provide MW AUCTIONS with the requested personal data, but in such case, MW AUCTIONS may decline to provide you with the Services.
Personal data collected from you may be used by us for:
(i) Processing of your application for the Services;
(ii) Enabling the provision of the Services to you;
(iii) Conducting identity verification and/or credit checks at the time of your application for the Services;
(iv) Processing of payment instructions or collection of amounts outstanding from you in relation to the provision of the Services;
(v) Marketing of the Services including selling, promotion and auction of alcoholic beverages by MW AUCTIONS;
(vi) Designing services for you;
(vii) Conducting market research or opinion surveys;
(viii) Provisioning of customer services;
(ix) Handling your complaints and account enquiries;
(x) Compliance with applicable laws, rules and regulations; and
(xi) Any other purposes directly related to the purpose for which the personal data were originally collected.
Types of personal data collected by us may include:
(i) Your personal information and contact information such as your name, gender, date of birth, identity card number, telephone number, email address, residential address, correspondence address, shipping address and/or billing address;
(ii) Your business information such as company name and business title;
(iii) Your credit card information such as name of cardholder, card number, security code and expiry date;
(iv) Your account details, including account numbers, or user accounts; and
(v) Any other information as necessary for the provision of the Services to you.
All personal data collected and held by MW AUCTIONS will be kept confidential, but where disclosure is necessary for MW AUCTIONS’s compliance of any statutory obligations or requirements, or for MW AUCTIONS to provide the Services to you or to carry out the original purpose, or a directly related purpose, for which the personal data were collected, those data may be provided to the following parties:
(i) Office of the Communications Authority or other governmental or statutory authorities, institutions or organizations;
(ii) Company’s associated companies, contractors, agents or other service operators who are involved in the sale, administration or provision of the Services; and
(iii) Banks, financial institutions, credit card issuing companies or debt collection agencies.
Any questions, comments, suggestions or information other than personal data provided or posted to the website or mobile app, or any part of the site by you will be considered as voluntarily provided to MW AUCTIONS on a non-confidential and non-proprietary basis. MW AUCTIONS reserves the right to use, reproduce, disclose, transmit, publish and/or post elsewhere such information freely, including passing it to any associated company for example, in connection with the development and marketing of services and to meet user needs.
All reasonable efforts are made to ensure that any personal data held by MW AUCTIONS is stored in a secure and safe place.
If necessary, MW AUCTIONS may transfer the personal data to places outside the Hong Kong Special Administrative Region for carrying out the purposes, or the directly related purposes, for which the personal data were collected. All the transfer of those personal data will be carried out in compliance with the requirements of the PDPO.
Unless there is a mandatory legal requirement for us to keep your personal data for a specified period, MW AUCTIONS will only retain your personal data for as long as is necessary to fulfil the purpose for which the personal data were originally collected.
The personal data MW AUCTIONS collected from you may be used for keeping you up to date on the Services which include the sales, promotion and auction of alcoholic beverages. If you wish to opt-out from receiving any information from us, you may write to us at the address shown below. Upon receipt of your written request, MW AUCTIONS shall cease to so use your personal data without charge to you.
MW AUCTIONS may use "cookies" on this site and on the mobile app in order to:
(i) Enable tighter security;
(ii) Enable you to keep browsing;
(iii) Personalize sites for you; and
(iv) Build online user or visitor profiles.
If you want to disallow the use of cookies, you can do so on your own web browser.
This site or the mobile app may contain links to third-party sites and pages. By activating a link, for example by clicking on the banner of an advertiser, you leave our site or mobile app and MW AUCTIONS does not exercise control over any personal data or any other information you give to any other entity after you have left our site or mobile app. Access to and use of such other websites is at your own risk.
23. General Terms and Additional Terms
This Agreement shall be governed by and construed and enforced in accordance with the laws of Hong Kong without reference to principles governing conflicts of law.
These Terms & Conditions, together with our Privacy Policy, both as may be amended from time to time in MW AUCTIONS’s discretion, and Additional Terms (as defined below), govern your access to and use of the MW AUCTIONS Website and Services.
MW AUCTIONS may revise these Terms & Conditions and its Privacy Policy from time to time and will provide users of the MW AUCTIONS site with notice of any such changes by posting the new Terms or Policy on the MW AUCTIONS website and providing an updated effective date. By using the MW AUCTIONS website subsequent to any revision of these Terms & Conditions or Privacy Policy, you agree to be bound by such changes. If you do not agree to these Terms & Conditions or to the Privacy Policy, you must immediately terminate use of the MW AUCTIONS Website and Services.
MW AUCTIONS may, in some instances, need to provide users with operating rules or additional terms that govern the use of parts of the MW AUCTIONS website (“Additional Terms”). Unless otherwise expressly set forth as part of any such Additional Terms, any such Additional Terms are made in addition to and part of these general Terms & Conditions, and are incorporated herein by reference. Users of the MW AUCTIONS website agree that MW AUCTIONS may provide Additional Terms at any time. To the extent any Additional Terms conflict with these Terms & Conditions, the Additional Terms will prevail.
LAST UPDATED: 30 September 2023