We want you to have complete confidence when purchasing at auction through Cellar Link Auctions and we spend a lot of time checking and cataloguing each item and putting together our listings to ensure they accurately reflect the condition of the lot. We recommend that you take the time to assess all the information prior to placing your bid, as the principle of Buyer Beware applies to all auction sales.
A significant proportion of the wines sold at auction by Cellar Link Auctions are cellared/aged. It is important that you carefully assess the lot (particularly the ullage and state of the closure) to make appropriate allowances for its condition, and understand any associated risk.
You may be unlucky, or it may be the best wine you have ever drunk, such is the nature of aged wine. There may be instances where the wines have passed their optimum drinking window, which may adversely affect the flavours and enjoyment of the wine, but which may still be considered to have a curio value. We are unable to offer refunds or replacements on any such wines.
In the event that you receive the wrong item or there is significant damage that has been caused in transit, goods damaged in transit should not be accepted from the courier and should be returned to us for assessment, please contact us within 24 hours of receiving the item to discuss your options.
Please refer to our Terms and Conditions for further information about purchasing wines via auction.
Your rights and obligations are handled by the NSW Government in the following links:
Buying from a private seller in Australia or abroad
Australian Consumer Law does not apply when you buy from a private seller (eg buying a second-hand item from an individual on eBay) because they are not acting in trade or commerce like a normal retailer.
When you buy from a private seller, it is called a consumer-to consumer transaction and contract law applies. However, you still have the right to expect the title on the goods (full ownership) after purchase and that it is free from any security or charge on it, unless told otherwise before the sale.
We recommend seeking independent legal advice if you have a problem regarding a consumer-to-consumer transaction.
Before participating in an online auction it’s important to read the terms and conditions and understand your rights, the procedures and costs. That’s because when it comes to online auctions, your consumer rights vary depending on whether you buy from:
- a traditional auction
- a private (individual) or business seller at a marketplace site like eBay
- an Australian or overseas seller.
Traditional auction conducted online
At a traditional auction, an auctioneer acts as an agent for the seller. Online auction houses use a website to create a virtual auction and interested parties visit the website (rather than a physical location) to bid for goods.
When you purchase something at a traditional auction, you have limited protection under Australian Consumer Law, however you still have the right to expect:
- truthful representations, statements or claims about the goods or services
- that goods are of acceptable quality, safe, fit for purpose and match the advertised description
- the title on the goods (full ownership) after purchase, unless told otherwise before the sale.
Marketplace online auctions
Online businesses like eBay operate ‘virtual marketplace’ websites where buyers and sellers from any country can buy, sell and bid for goods. In this type of auction, the site operator may not be directly involved in the auction process or act as an agent for the seller. This is different to a conventional auction (see below).
The site operator provides a set of rules and guidelines for transactions on the site, but it is mostly left to the individual buyers and sellers to deal directly with each other, including negotiating payment and the delivery of goods.
The site operator cannot see the contract between the buyer and seller so it is not liable for claims made about the goods, non-delivery or damages.
Products purchased at a marketplace website like eBay are not considered to be an auction (as defined in Australian Consumer Law). This means that products sold by Australian businesses on such a website are covered by the automatic consumer guarantee.
Learn more about online auctions in Being a savvy consumer.