Terms & Conditions

Conditions of Sale

The following Conditions of Sale govern purchases made on sothebyswine.com (the “Web Site”).  By making a purchase, you acknowledge that you are bound by these Conditions.

1. Except for the limited warranty contained in paragraph 10, all property is sold “AS IS” without any representations or warranties, express or implied, by Sotheby’s Wine as to the merchantability, fitness for a particular purpose, the correctness of the description of the physical conditions, size, quality, rarity, importance, provenance, or historical relevance of any property and no statement anywhere, whether oral or written, whether made on the Web Site, in an advertisement, a bill of sale or elsewhere, shall be deemed such a warranty, representation or assumption of liability.  Sotheby’s Wine is not responsible for errors and omissions on the Web Site, advertisements or elsewhere.  In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, we shall have the right to refuse or cancel any such orders and provide a refund if payment has already been received.

2. By placing an order on the Web Site for wine or other alcoholic beverages, you warrant that you are at least 21 years of age and that you will be responsible for the shipment of your purchase being received by a person of at least 21 years of age.  First time buyers will be required to submit proof of age via email or fax.

3. Sales Tax.  New York, Connecticut or California sales tax is charged on all purchases picked up or delivered to New York State, Connecticut or California, regardless of the state or country in which the purchaser resides or does business, unless Sotheby’s Wine has been given, in advance of the release of the property, a valid exemption from taxes by the State of New York, the State of Connecticut or the State of California.  Sotheby’s Wine will also collect a fee of 8% on purchases shipped to New Hampshire.  For states to which Sotheby’s Wine is not able to ship, purchasers may only collect their wines in New York, in which case New York sales tax will be charged.

4. Liability for Loss and Damage.  All risk of loss and damage to purchased goods passes to the purchaser upon receipt of the goods.

5. Shipping.  All shipping costs, including the property management fee, are to be paid by the Buyer.  Sotheby’s Wine does not provide shipping services.  If you wish your purchase to be shipped, Sotheby’s Wine will contract with a third party carrier to ship your purchase.  By requesting that your purchase be shipped, you authorize Sotheby’s Wine to engage a common carrier to deliver your wine on your behalf.  All purchases, including shipping, tax and any additional charges, must be paid in full prior to delivery.

6. Delivery within the United States.  Please be advised that most states regulate the shipment of wine into their state, and may either prohibit the shipment of alcoholic beverages or impose limitations on the quantity of alcoholic beverages which may be purchased and brought into their jurisdiction without license or permits.  We urge you to investigate your state’s regulations before purchasing wine from the Web Site.  Sotheby’s Wine makes no representation to the legal rights of anyone to ship or import alcoholic beverages into any state.  Sotheby’s Wine does not assume any obligation nor bear any responsibility whatsoever for obtaining any necessary licenses or permits.

7. Non arrival, Loss, and Breakage.  If you receive purchased property that has broken during transit, you must notify Sotheby’s Wine in writing within three days of the delivery of the property.  In the event of non-arrival, you must inform Sotheby’s Wine in writing within three days of expected delivery.

8. If Sotheby’s Wine, for any reason, is unable to fulfill its obligations to the buyer, the buyer’s sole recourse shall be a refund of the purchase price.

9. Returns. Sotheby’s Wine is unable to accept returns of wine or other alcoholic beverages except where the product is defective in quality.  Sotheby’s Wine may not accept the return of any alcoholic beverages purchased in error.

10. If Sotheby’s Wine sells any wine on the Web Site which the Buyer subsequently shows to Sotheby’s Wine reasonable satisfaction to be “counterfeit,” subject to the terms below Sotheby’s Wine will cancel the sale and refund the Buyer the purchase price received for such wine.  For these purposes, “counterfeit” means a wine for which, in the reasonable opinion of Sotheby’s Wine, the correct description of the producer and vintage is not reflected by the description on the Web Site.  The Guarantee is provided for a period of twenty-one (21) days from the date of delivery of such wine and is solely for the benefit of the original Buyer and may not be transferred to any third party.

To be able to claim under this Guarantee, the Buyer must (i) notify Sotheby’s Wine in writing within the 21 day period 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 Sotheby’s Wine 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.
 Sotheby’s Wine in its sole discretion will decide the validity of any such claim as between Sotheby’s Wine 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.  Sotheby’s Wine shall not be liable for any incidental or consequential damages incurred or claimed, including without limitation, loss of profits or interest.

11. In no event will Sotheby’s Wine’ liability to a purchaser exceed the purchase price actually paid.

12. These Conditions of Sale, as well as the buyer’s and Sotheby’s Wine’ respective rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of New York.  By making a purchase on this Web Site, the purchaser shall be deemed to have consented to the exclusive jurisdiction of the state courts of, and the federal courts sitting in, the State of New York.

13. Storage. We offer secure, temperature-controlled storage of fine wine and spirits. To sign up, you must open a storage account with us and agree to the terms of use.

Terms & Conditions for the Purchase of Wine Futures

Bordeaux Futures are offered on a first come, first served basis. Prices include delivery from Bordeaux to Sotheby's Wine's U.S. warehouse, or Hong Kong warehouse, depending on your chosen delivery location at the time of purchase, but excludes onward delivery to your designated address and any applicable tax.  Payment in full for Bordeaux Futures is due upon Sotheby’s confirmation of your order.  Shipping charges and applicable taxes, tariffs and/or duties will be due before delivery.  Bordeaux Futures purchases are non-refundable.

Futures are expected to be available for delivery 2 years following the sales (e.g. the 2018 vintage, sold in 2019, will be delivered in 2021).  We cannot guarantee specific delivery dates which may be impacted by factors beyond our control.  We will notify you once your wines have arrived in our warehouse.  Wines must be picked up or delivered by the end of the delivery year. Any wines that are not picked up or delivered by the end of the delivery year will be sent to Sotheby's Wine's storage facility and you agree to pay all standard fees, charges and taxes that may apply.

In the event of loss or damage to your wines prior to the delivery of such wines to you, Sotheby's Wine will refund the purchase price paid by you for such wines. You agree that the absolute limit of Sotheby's liability to you for any such lost or damaged wines will not exceed the purchase price paid by you.

Effective Date: May 20, 2020

Terms and Conditions of Use
Welcome to sothebyswine.com, a web site owned and operated by Sotheby’s Wine (“Sotheby’s Wine” or “we” or “us” or “our” or other similar pronouns).  The following terms and conditions (the “Terms and Conditions”) govern your use of sothebyswine.com (the “Web Site”).  We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Web Site.  BY ACCESSING, USING, BROWSING, OR BUYING ON THE WEB SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.  If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.

By making a purchase on the Web Site, you also agree to the Conditions of Sale found above.

1. Proprietary Rights. As between you and Sotheby’s Wine, Sotheby’s Wine owns, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc.), software, code, data and materials thereon, the look and feel, design and organisation of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the Web Site does not grant to you ownership of any content, software, code, data, or materials you may access on the Web Site.

2. Limited License. We offer the Web Site and its services only to those who may lawfully enter into and form contracts under applicable law. For example, minors under 21 years old are not allowed to purchase alcohol on the Web Site. You agree to comply with all applicable law, statutes and regulations regarding use of the Web Site. You may access and view the content on the Web Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Web Site for your internal use only. The Web Site and the services offered on or through the Web Site, including any content, software, code, data and materials thereon, are only for your own internal use.

3. Prohibited Use. Any commercial distribution, publishing or exploitation of the Web Site, or any content, software, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission of Sotheby’s Wine or the applicable rights holder. Other than as provided in Section 2 above, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Web Site. If you make other use of the Web Site, or the content, software, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorised use. Sotheby’s Wine will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

4. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of ours and others and may not be used unless authorised by the trademark owner. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site's services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our express written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Web Site is strictly prohibited. Sotheby’s Wine will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

5. User Information. In the course of your use of the Web Site, you may be asked to provide certain personalised information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Web Site's Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.  It is your sole responsibility to maintain the confidentiality of your account and password and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account.

6. Prohibited User Conduct. You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Web Site's content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorised access to other computer systems through the Web Site; (d) engage in spidering, “screen scraping,” “database scraping,” harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (e) obtain or attempt to obtain unauthorised access to computer systems, materials or information through any means; (f) use the Web Site or the services made available on or through the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (g) use the Web Site or the Web Site's services or features in violation of Sotheby’s Wine’ or any third party's intellectual property or other proprietary or legal rights; or (h) use the Web Site or the Web Site's services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Web Site or the Web Site's services, or any content thereof, or make unauthorised use thereof. You agree that you will not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Web Site.

7. Linking to the Web Site. You agree that if you include a link from any other web site to this Web Site, such link shall: (i) not contain any logos, but rather should merely read “Sotheby’s Wine Web Site”, or “Sotheby’s Wine” in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, 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 Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to: Sotheby’s Wine, 1334 York Avenue, New York, New York 10021, Attention: Website Management.

8. Indemnification. You agree to defend, indemnify on demand and keep Sotheby’s Wine indemnified, and hold Sotheby’s Wine and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from your use of the Web Site or the services thereon, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. Sotheby’s Wine reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Sotheby’s Wine’ defense of such claim.

9. Third Party Web Sites. You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site ("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 affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is 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 site's administrator or webmaster.

10. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Sotheby's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

Copyright Agent:
North American General Counsel
Sotheby's
1334 York Avenue, New York, New York 10021
voice: (212) 606-7175
e-mail: copyright@sothebys.com

11. DISCLAIMER OF WARRANTIES. THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOTHEBY’S WINE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEB SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEB SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE WEB SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEB SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, SOTHEBY’S WINE AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH SOTHEBY’S WINE OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEB SITE ARE PROVIDED BY SOTHEBY’S WINE "AS IS."

12. LIMITATION OF LIABILITY. IN NO EVENT SHALL SOTHEBY’S WINE, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO SOTHEBY’S WINE FOR YOUR USE OF THE WEB SITE OR PURCHASE OF PRODUCTS VIA THE WEB SITE (NOT INCLUDING AUCTION ITEM PURCHASES).

13. Local Standards. We do not represent that materials on the Web Site are appropriate for use in all locations. Persons who choose to access the Web Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

14. Termination. Sotheby’s Wine may terminate, change, suspend, add to or discontinue any aspect of the Web Site or the Web Site's services at any time, in our sole discretion, and without liability to any user. Sotheby’s Wine may restrict, suspend or terminate your use of or access to the Web Site and/or its services if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our Web Site or services). Sotheby’s Wine maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.

15. Changes to Terms and Conditions and Web Site. Sotheby’s Wine reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and we will post the revised version on this Web Site. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services offered on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

16. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by Sotheby’s Wine must be made in writing and signed by an authorised representative of Sotheby’s Wine specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, Sotheby’s Wine’ successors, assigns and licensees. There are no third party beneficiaries to this Agreement; a person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term or provision of this Agreement.

17. Images are for illustrative purposes only. They do not depict the actual items for sale.

18. Further Inquiries. You may direct questions about these Terms and Conditions, or other issues, to:

Sotheby’s Wine
1334 York Avenue
New York, New York 10021
Attn: Toshihide Hokari

Effective Date: November 20, 2019