Terms and Conditions

This web-site is intended to be a friendly, enjoyable, and useful experience, but as with anything concerning any kind of transaction,  there are risks involved, and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this website as stated below, please let us know by contacting us.

Rights To Suspend or Terminate.
You agree that this website, at its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this website, (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a nonpaying bidder. In most cases, when we suspect foul play, we will suspend your account/listing whilst we investigate further. If our investigation is conclusive, then your account with us will be terminated.

Your Conduct.
You are solely responsible for the contents of your actions through this website. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this, we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation.

Membership.
Membership to this website is only available to those you can form a legally binding contract. This website does not permit minors (under 16) to register. If any member fails to signup with their correct age, the account will be terminated immediately.

General Terms.
This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety, or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons, or people acting under false pretenses.
This Website shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This website shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained. 

This website assumes no liability for the content of the listings. However, if you fall victim to a fraudulent transaction, we will assist you as much as we can.

Laws.
These Terms of Service shall be governed by and constructed following the laws of San Bernardino, California, and any disputes will be decided only by the Courts of San Bernardino, California.

Terms and Conditions

Welcome to Auction.750. Services to you are subject to the following conditions. If you visit or shop at 750.Auction, you accept the terms and conditions of this Agreement. Please do not use our services if you do not accept these terms and conditions. Please read them carefully.

Before you may become a member of 750.Auction. You must read and accept the terms and conditions in this User Agreement and linked Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some 750.Auction-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The Agreement that applies to any of our domains and sub-domains is always the Agreement that appears in the footer of each website.

We may amend this Agreement anytime by posting the amended terms on our site. The amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in writing, signed by both parties. This Agreement was revised on October 25th, 2022. This Agreement is effective October 22th, 2022, for new registering users and is otherwise effective on October 22th, 2022, for all users registered on or before October 25th, 2020.

1. Membership Eligibility

Our services are available only to, and may only be used by, individuals who are 21 years of age or above and who can form legally binding contracts under applicable law.

Without limiting the foregoing, our services are not available to persons under 21 years of age or to temporarily or indefinitely suspended 750Auction members. If you do not qualify, please do not use our services. Further, your 750Auction account (including feedback) and User ID may not be transferred or sold to another party.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 750Auction does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 21, you may use 750Auction only with the involvement of a parent or guardian to purchase non-alcohol gifts and accessories. 750Auction and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

2. Fees

Joining 750Auction and bidding on items is free. Our Fees and Credits Policy forms part of this Agreement. We may change this policy at any time, and any change will be effective after the expiry of 14 days following the date of posting on the Announcements Board (or such a later date as we may notify). Unless otherwise stated, all fees are payable in US Dollars. Whether you are a business or not, value-added tax and other taxes may apply to your transaction. Sellers will be responsible for paying all fees associated with using our service and our Web site and all applicable taxes.

4. 750Auction is not an Auctioneer

4.1 Online Auctions

Although we are commonly referred to as an online auction Web site, it is important to realize that we are not a traditional "auctioneer." Instead, our Site acts as a venue/platform to allow members to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of formats, including a fixed price format, venues (such as stores), and an auction-style format commonly referred to as an "online auction". We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety, or legality of the items or content posted by users on the Site, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to buy items. We cannot ensure and do not guarantee that a buyer or a seller will complete a transaction.

4.2 Safe Trading

Because user authentication on the Internet is difficult, 750Auction cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate the user you are dealing with. We also encourage you to communicate directly with potential trading partners through the tools available on our Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

4.3 Release

Because we are not involved in the actual transaction between buyers and sellers, if you have a dispute with one or more users, you release 750Auction (and our officers, directors, agents, affiliates, parents, subsidiaries, and employees) from claims, demands, and damages (actual, special, direct, indirect, and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

4 .4 Information Control

We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safe trading when using our Site. Please note that there are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may also be risks with international trading and dealing with foreign nationals.

4.5 Product Descriptions

750Auction and its affiliates attempt to be as accurate as possible. However, 750Auction does not warrant that the product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product is offered by 750Auction itself is not as described, your sole remedy is to return it in unused condition.

5. Bidding and Buying

You are obligated to complete the transaction with the seller if you purchase an item through one of our fixed-price formats or are the highest bidder, as described below. If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller unless the transaction is prohibited by law or by this Agreement. By bidding on an item, you agree to be bound by the conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances, such as when the seller materially changes the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity. If you choose to bid for materials for mature audiences or those restricted to use by adults, you are obliged to guarantee that you have the legal right to purchase items under this category. The recipient MUST, by law, sign for the delivery. A valid picture ID must be provided. When your wine, spirits, or cigars are delivered to you, you will be required to show identification proving that you are at least 21 years old. All orders legally require a driver's License, Military, Passport, or State ID.

6. Listing and Selling

The Buyer and Seller of all alcoholic beverages are representing that he/she is acting in compliance with his/her local and state laws regarding the purchase, transportation, and delivery of wine. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of wine, and is legally entitled to take quantities ordered. If you would like to list and sell your wines, you must legally be permitted or licensed to sell wine to use 750Auction selling and listing services. Laws on selling and buying alcohol vary by State, county, and jurisdiction. 750Auction does not represent that you can legally sell, buy and ship wine in your jurisdiction or with buyers outside your jurisdiction. You must comply with your jurisdiction's rules for selling wine. Contact your State's alcoholic beverage control department to obtain any required licenses. You are responsible for investigating and complying with all laws of your jurisdiction, obtaining any required permits and licenses, and paying all related taxes and fees in order to legally use our services.

6.1 Listing Description

You must be legally able to sell the item(s) you list for sale on our Site. You must describe your item and all terms of sale on the listing page of our Site. Your listings may only include text descriptions, graphics, pictures, and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. At any one time, you may newly list a maximum of 3 identical items on 750.Auction. Although the listing end times may differ, on one day, you may only list a maximum of 6 similar items in all sections of 750.Auction. 

6.2 Binding Bids

Except for items to which the Non-Binding Bid Policy applies, if you receive at least one bid at or above your stated minimum price, you are obligated to complete the transaction with the highest bidder upon the item's completion unless there is an exceptional circumstance, such as:

a. the buyer fails to meet the terms of your listing (such as payment method); or

b. you cannot authenticate the buyer's identity.

6.3 Fraud

If 750Auction suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole discretion) have engaged in fraudulent activity in connection with our Site, we may suspend or terminate your account with the exception of other remedies.

6.4 Shipping

Service Limited to Certain States:

We make no representation of the legal rights of anyone to ship or import wines into any state the sellers are legally authorized to ship. 

6.5 If a customer lives in a state where the direct shipment of wine by 750Auction Sellers violates the law, we suggest that the customer provide an alternative address in another state or have their wine shipped to a third-party storage facility in a direct shipping-friendly state. 

6.6 Manipulation.

Neither you nor any other bidders or sellers may manipulate the price of any item, nor may you interfere with other users' items listed for sale.

7. Your Information

When you visit 750Auction or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

7.1 Definition

"Your Information" is defined as any information you provide to us or other users in the registration, bidding, or listing process, in any public message area (including 750Auction or the feedback area), or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.

7.2 Restrictions

Your information (including but not limited to any items listed) must not:

1. Be false, inaccurate, or misleading;

2. Be fraudulent or involve the sale of counterfeit or stolen items;

3. Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

4. Violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, and inaccurate advertising);

5. Be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;

6. Be obscene or contain child pornography;

7. Contain any viruses, trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;

8. Create liability for us or cause us to lose (in whole or in part) the services of our I.S.P.'s or other suppliers, and link directly or indirectly to or include descriptions of goods or services that:

A. Are prohibited under this agreement;

B. Are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount;

C. Are concurrently listed for sale on a website other than 750auction 's (this does not prevent linking to or advertising a 750auction item from another website); or

You do not have a right to link to or include.

E. You may not advertise any website.

Furthermore, you may not list any item on our site (or complete any transaction that was initiated using our service) that, by paying us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance, or regulation.

7.3 License

Visitors may post reviews, comments,ISP and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. 750Auction reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

7.4 Reviews, Comments, Communications, and other Content

If you do post content or submit material, and unless we indicate otherwise, you grant 750Auction a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant 750Auction and its affiliates and sub-licensees the right to use the name you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify 750Auction for all claims resulting from content you supply. 750Auction has the right but not the obligation to monitor and edit or remove any activity or content. 750Auction takes no responsibility and assumes no liability for any content posted by you or any third party.

8. Access and Interference

Our Site contains robot exclusion headers, and you agree that you will not use any robot, spider, other automatic devices, or manual process to monitor or copy our Web pages or the content contained herein without our prior written permission.

You agree that you will not:

* use any device, software, or routine to bypass our robot exclusion headers or to interfere or attempt to interfere with the proper working of our Site or any transaction being conducted through our Site;

* take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real-time basis and is proprietary or licensed to 750Auction by our users or third parties;

* copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our Site without the prior express written permission of 750Auction or the appropriate third party authorized to grant such permission.

9. Feedback

You may not take any actions that may undermine the integrity of the feedback system. If your feedback is negative, we have the right to suspend your membership, and you will be unable to list or bid.

9.1 Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by 750Auction and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between 750Auction users, you agree that you shall not market or export your 750Auction feedback rating in any venue other than a 750Auction operated Web site.

9.2 Import. We do not provide the technical ability to allow you to import feedback from other Web sites to 750Auction because a composite number, without the corresponding feedback, does not reflect your true online reputation within our community.

10. Breach

Without limiting other remedies available to 750Auction at law, in equity, or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership and refuse to provide our services to you if:

• You breach this Agreement or the terms and policies those documents incorporate by reference.
  
• We are unable to verify or authenticate any information you provide to us; or
  
• We believe your actions may cause legal liability for you, our users, or us.
  

11. Privacy

We use third parties to verify and certify our privacy principles. These third parties dedicate to requesting their member corporations, such as 750Auction, to disclose information operation routines to establish network credibility. The Privacy Policy of 750Auction is classified as high level by these independent third parties. Refer to https://www.750.auction/privacy for the current Privacy Policy of 750Auction.

12. No Warranty

Our suppliers and we provide our website and services on an "as is" basis and without any warranty or condition, express, implied, or statutory. Our suppliers and we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we disclaim any implied warranties, conditions, and other terms (whether implied by virtue of legislation or otherwise), including but not limited to any terms related to accuracy-related to technical, cautious, and functional aspects. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

13. Liability Limit

13.1 In no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our site, our services, or this agreement (however arising, including negligence). The liability of us and our affiliates and related entities or our suppliers to you or any third parties in any circumstance is limited to the greater of:

1. The amount of fees you pay to us in the 12 months before the action giving rise to liability; and

2. US$100. Some jurisdictions do not allow the disclaimer of supervening or consequential damages, so the foregoing disclaimer may not apply to you.

14. Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from and against any claims, demands, proceedings, losses, and damages (actual, special, and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference or your violation of any law or the rights of a third party.

15. Legal Compliance

You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances, and regulations regarding your use of our service and you’re bidding on, listing, purchasing, solicitation of offers to purchase, and sale of items.

16. No Agency

You and 750Auction are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

17. Notices

Except as explicitly stated otherwise, any notices shall be given by post to 750Auction, forward by 750Auction, address: 3920 Grand Ave., Unit A, Chino, CA 91710 (in the case of 750Auction ), or to the email address you provide to 750Auction during the registration process (in your case). Notice shall be given 24 hours after the email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified airmail, postage prepaid, and return receipt requested to the address provided to 750Auction during the registration process or as updated by you as relevant. In such case, notice shall be deemed given three days after the date of mailing.

18. Resolution of Disputes

By visiting 750Auction, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and 750Auction.

If a dispute arises between you and 750Auction, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and 750Auction agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you first to contact us directly to seek a resolution by going to the Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Any dispute relating in any way to your visit to 750Auction or to products you purchase through 750Auction shall be submitted to confidential arbitration in Chino, California, except that, to the extent you have in any manner violated or threatened to violate 750Auction 's intellectual property rights, 750Auction may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

19. California Sales Tax

All alcoholic beverages shipped to any California and California, San Bernardino County addresses are subject to California sales tax of 7.25% and 7.75%, respectively.