Auction Terms & Conditions
Provenant Sdn Bhd Auction Terms & Conditions
By registering to participate in DiineOut.com auction, you agree to be bound by the following terms and conditions. These terms and conditions are supplementary to the website User Terms and Conditions of Use and together, sets out the basis on which you may use the auctioneering services made available on diineout.com (the “Site”).
References in these terms and conditions to ‘diineout’, ‘we’ or ‘us’ refer to Provenant Sdn Bhd, a Malaysia Sendirian Berhad company, duly registered in the National Court Register under Number 1217103-D. References herein to ‘you’ and ‘your’ mean the person or entity registering to use the Website.
1. Our Services
1.1 We provide auctioneering services on our Website whereby sellers may sell their wine or other alcoholic goods (“Goods”) and a purchaser may purchase such Goods by online auction. These will be sold and purchased in lots, with one lot meaning the goods made available to purchase by auction at any one time.
1.2 The auctions take place on the Website and whether you are a seller or a buyer, you will be required to register with our Website.
2. Registration with diineout.com
2.1 Registration on the Website (“Registration”) is free.
2.3 Once you have registered you are expected to keep your information up to date in your account and are required to keep your account details and passwords strictly confidential and you must not permit any third party to use or access your account on your behalf. You will be liable for any and all bids made using your account.
3. Age Restriction
3.1 Please note that you must be over the age of 21 years old (or the legal age within your own country of residence) to register and sell and/or buy Goods via the Website.
3.2 We reserve the right to ask buyers and sellers for identification to prevent fraud, underage purchases and/or any other legal or legitimate purpose.
4. Terms Relevant to Sellers
Transferring the Goods to Us for Auctioning
4.1 Once you have registered with us, please contact us at [email protected] to discuss putting your Goods up for auction. You must deliver the Goods to us by a certain date which we shall communicate to you or in certain cases, we may arrange for a collection of the Goods. A pick-up charge shall be payable for our collection service. Please see Seller Information for further details.
4.2 Where we have offered a collection service and provided transport, we do so on the basis that we will not be responsible for any damage or loss during transportation. The seller must ensure that they have insurance in place to cover any damage to, or loss of, Goods during transportation from the seller’s premises to our premises.
For the avoidance of doubt, it is our decision whether to add your Goods to our auctions and in the event we do not wish to auction your Goods; then these will be returned to you at your cost or you may pick these up from our premises (in which case the terms of section 5.10 below shall apply); as if you were a buyer of the Goods. The seller must ensure that they have insurance in place to cover any damage to, or loss of, Goods during transportation from our premises to the seller’s premises and the Goods shall be at the Seller’s risk.
Authentication of Goods
4.3 Sellers shall ensure that all information submitted with the Goods they wish to sell is accurate and truthful. Notwithstanding the foregoing, DiineOut reserves the right to prepare and word any listing as they deem appropriate. Any inaccurate information provided by the seller relating to the Goods may result in a buyer rejecting the Goods, in which case the seller agrees to be responsible for any costs associated with any rejection and shall pay such sums reasonably incurred by us in handling such rejection including costs incurred in the buyer returning the rejected Goods to us.
4.4 Once the Goods, information and photos have been submitted to us, we will review the quality and the condition of the Goods and shall thereafter send you a confirmatory email confirming whether or not we agree to put your Goods up for auction. Should we agree to put your Goods up for auction, we shall confirm the anticipated auction date as well as other relevant information. The contract between us is deemed to be concluded once we send you the confirmatory email.
4.5 If there is any doubt as to the authenticity of an item, it will not be offered for auction. In the event of a dispute arising over the provenance or authenticity of any bottle, if it cannot be proved to be genuine, it will be returned to the seller. If we consider an item to be counterfeit or illegitimate to that described by the seller, DiineOut reserves the right to reject and dispose of such an item. A reasonable charge will be made for the appropriate removal and destruction of any counterfeit or illegitimate items. In the event that a buyer raises a reasonable concern after receiving Goods that they are not genuine or are the subject of an ownership claim by a third party, we reserve the right to provide your name, address and contact details to either or both of the buyer and the relevant police authorities so that the issue may be resolved.
4.6 DiineOut reserves the right to ban any seller from future use of the Website and/or our services, where it is considered that the seller has attempted to sell non-authentic, or stolen items.
4.7 Sellers are strictly forbidden to bid on their own Goods and/or have relatives or friends artificially increase the value of the Goods. This activity is prohibited and if discovered, this may result in us terminating your contract with immediate effect by serving you an email. Should we exercise our right to cancel our contract with you, we shall return your Goods to you at your cost (and the seller must ensure that they have insurance in place to cover any damage to, or loss of, Goods during transportation from our premises to the seller’s premises). Alternatively, you may pick up the Goods from our premises. We also reserve the right to retain any monies paid to us for listing fees and charge you a further administration fee of RM20 per lot.
When we hold your Goods in our Premises
4.8 Items which are provided to DiineOut are stored in our facilities. DiineOut accepts no responsibility, to the maximum extent allowed by law, for the safe storage or preservation of any items whilst in its temporary custody for the purposes of auction or shipping. Sellers should have appropriate insurance in place for storage of items.
Costs and Commission for Selling your Goods via Auction
4.9 We charge RM20 per lot entered into each auction. Reserves are optional and have an additional fee of RM20 per lot. Mixed bottle lots shall have an additional fee of RM20 per lot.
4.10 Upon completion of the auction, our commission is set at 10% of the final purchase price.
Payment to Sellers
4.11 We will not process a payment to you for Goods sold on your behalf until the buyer has paid us all sums due in relation to the purchase of the Goods, has received their Goods and has not exercised their rights to cancel the purchase under section 6.4 and 6.5 of these terms, after which we shall remit monies due to you as soon as reasonably practicable. In most cases, payment would be remitted to you within fourteen (14) to twenty-one (21) days of the buyer receiving the Goods.
5. Terms Relevant to Buyers
5.1 Once you have successfully registered with the Website, you will be eligible to place a bid. More information on the process can be found at our Buyer Information page.
5.2 A full description of the Goods shall be given on the auction page on our website. During an auction you can bid for a lot by clicking the ‘bid’ function. You acknowledge that you are bidding in a live auction and agree that, subject to section 6.4 of these terms, each bid submitted as provided in these terms and conditions are irrevocable and cannot be amended or corrected. Each bid shall be final and binding. You accept all liability for bids submitted via your account (including the liability to pay in full and on time in accordance with these terms and conditions).
5.3 Subject to reserve value having been achieved, the highest bid placed on any lot at the time the auction closes will be deemed as the winning bid. The buyer will receive a confirmatory email notification of any winning bid. You will accept all responsibility for all bids placed via your account in accordance with these terms. The contract or your purchase of Goods shall be deemed to be concluded once we send you the confirmatory email.
5.4 DiineOut reserves the right to reject any Registration, reject any bid placed, alter reserves and to withdraw permissions for users on our Website, at its discretion (acting reasonably).
Buyer payment when purchasing Goods via Auction
5.5 The successful bidder is obliged to pay to us the purchase price of the auctioned Goods in full, within three (3) days from the day following receipt of our confirmatory email. Once payment is received, ownership of the Goods will pass to the buyer. If payment is not received in full within this time, we reserve the right to (i) cancel the sale and re-auction the relevant Goods or award the Goods to the second highest bidder or return the Goods to the seller; and/or (ii) ban the buyer from using our Website or services in the future.
5.6 Payment to us can be made via Payex using Online Banking or EWallets or Credit Card.
Delivery to Buyer
5.7 Once payment for the Goods has been received in full, Buyer must collect them from our specified collection location (within the Klang Valley) and should the buyer fail to arrange for collection of the Goods within four (4) days of us notifying the buyer that the Goods are ready to be collected, then, except where such failure or delay is caused by a Force Majeure Event;
- the buyer shall be deemed to have nominated us as their agent to accept the Goods on behalf of the buyer, and any cooling off period (including the right referred to in section 6.4 below) will be deemed to start on such date; and
- storage will be provided for free for a period of 30 days from the date of the end of the auction. Storage thereafter will be charged at a rate depending on the individual value of the Goods
5.8 The buyer acknowledges that due to the nature of the Goods, which due to age are sometimes fragile, we do not offer delivery for auction purchases and we recommend that you pick up the Goods from our specified premises. This is to limit all liability for loss, damage, leakages, breakages or deterioration, which may arise should the Goods be transported.
In the event the buyer arranges to collection by carrier (i.e. a third party), it is understood that risk in the Goods will transfer to the carrier on receipt by the carrier of the Goods from us, following which point we exclude all liability for any loss or damage to the Goods thereafter including during transit to the buyer’s premises. It is the buyer’s responsibility to have adequate insurance in place to cover the Goods during transit from our holding office to your desired location.
6. Cancellation Rights
A Seller’s right to cancel
6.1 Sellers have the right to cancel any lot provided for auction and receive a refund of all monies paid to us for listing or reservation fees, subject to notification being provided to us, within seven (7) days of the day after we send the seller a confirmatory email informing the seller we shall auction their Goods. Notwithstanding the foregoing, should the seller agree to the Goods being auctioned before the expiry of the seven (7) day cancellation period, the Seller acknowledges that he/she waives their right to cancel the contract without liability once the auction commences.
6.2 Should a seller wish to cancel any contract with us to auction Goods:
(a) following the expiry of the seven (7) day period referred to in section 6.1 yet before a bid has been placed, it is at our discretion as to whether to accept your wish to cancel the contract. Should we agree to cancel the contract, we reserve the right to charge a reasonable administration levy for the removal of the item;
(b) when an auction is underway and a bid has been placed on an item, it is at our discretion as to whether to accept your wish to cancel the contract. Should we agree to cancel the contract, we reserve the right to retain all listing fees paid to us plus a withdrawal fee of 15% of the current bid (minimum of RM100).
6.3 In the event: (i) a Seller cancels a contract to auction Goods; or (ii) a buyer cancels their contract to purchase the Goods, the Seller may either pick-up the Goods from our premises or request us to deliver them back to the Seller. The Seller shall be responsible for all costs incurred by us in returning Goods to the Seller and it is the Seller’s responsibility to ensure adequate insurance is in place to cover any loss or damage to Goods while in transit from our premises to their own premises.
A Buyer’s right to Cancel
6.4 Buyers have the right to cancel their purchase within seven (7) days from the day the buyer has paid for the Goods in full. If the buyer chooses to collect the Goods and does not do so within four (4) days of us notifying the buyer that the Goods are available for collection, then the buyer shall be deemed to have nominated us as its agents to receive the Goods as set out in section 5.10 above, and the seven (7) day period for cancellation shall begin from us holding the Goods on behalf of the buyer in this way.
6.5 We act as agent for the various sellers in the sale of their Goods to the buyers. However, all of the Goods which are listed for sale in the auctions on our Website have been examined by us in relation to their condition and authenticity. In the event that you receive the Goods and believe that they do not conform to the description at auction or have doubts as to their provenance or authenticity, then please advise us as soon as possible, and we will assist you in attempting to confirm the description, authenticity or provenance of the Goods.
In the event that this is communicated to us within seven (7) days from you receiving the Goods (or being deemed to have received the Goods in accordance with section 5.10 above), then we shall give you the option to cancel your purchase of the Goods and receive a full refund.
In the event that you communicate a reasonable concern to us after this period has ended, then we reserve the right to deal with your concern by either (i) at our discretion offering you a refund of the price paid for the Goods (including our commission) upon their safe return to us, or (ii) disclosing to you the identity and contact details of the seller to allow you to further pursue any issues you may have with regards to the Goods. The terms of this section 6.5 do not affect the buyer’s statutory rights to cancel the contract for the purchase of the Goods which are covered by section 6.4.
6.6 If a buyer has received the Goods before he or she cancelled the contract then the buyer must send the Goods back to our contact address as stated above. You undertake to return the Goods to us at your own cost and risk and we cannot be held liable for any damage to the Goods incurred during transit. It is the buyer’s responsibility to ensure adequate insurance is in place to cover any loss or damage to Goods while in transit from their own premises to our own premises.
6.7 We have received the return of the Goods from you and are satisfied the Goods have not been damaged by you or during the time you had possession of the Goods, the price of the Goods and any associated standard delivery charges will be re-credited to your nominated account as soon as possible and no later than fourteen (14) days from the day we received the Goods back from you. If the Goods have been damaged, we reserve the right to retain some or all of monies paid to us.
7. Cancellation Contact Details
If you wish to cancel a purchase of Goods in accordance with section 6.4 or section 6.5, please contact us at [email protected] or Whatsapp our Customer Support Hotline +6018-201 2821 as soon as possible. We will send you a confirmation email confirming we have received, if appropriate, and executed your request.
8. Our Rights to Cancel or Terminate the contract
8.2 Where we terminate a contract with a seller or a buyer, we reserve the right to ban such parties from using our Website and services again.
9.1 DiineOut does not attempt to exclude its liability for death or personal injury suffered by you and which is caused by our negligence, or fraud.
9.2 Where you are a consumer and we have failed to comply with our obligations under these terms, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, we both knew it may happen.
9.3 Subject to sections 9.1 and 9.2:
(a) DiineOut shall not be liable for indirect and consequential loss arising under or in relation to these terms;
(b) Except as otherwise stated in these terms, we exclude any warranties of any kind, implied or express, under or in relation to these terms in so far as we are able to do so under applicable law; and
(c) DiineOut limits our entire and aggregate liability to you under or in relation to these terms to the fees paid by you to us at the date of the event giving rise to the claim.
10. Safeguarding the Integrity of Our Auctions
Although an online auction is not treated in the same way as a public auction where all of the bidders and the goods being bid on are present, we aim to maintain the integrity of our auctions so that they are as close to a public auction experience as possible. We reserve the right to take the following actions in pursuit of that aim:
As regards to buyers:
We reserve the right to cancel the Registration of any person and prohibit such person from buying Goods through our Website for any reason, but some of the possible reasons are:
- if a person seeks to withdraw from the purchase of Goods where that person has been the highest bidder at the close of the auction;
- if we believe that person is acting as a proxy or nominee for an undisclosed third party
As regards to sellers:
We reserve the right to refuse to allow any person to offer Goods through our Website for any reason, but including if we believe that person is selling such Goods in the course of a business and not disclosing this to us;
Where there are potentially serious issues arising from the provenance or authenticity of any Goods, or we believe (acting reasonably) that such Goods may be stolen property, we reserve the right to retain the Goods until we have confirmation from either the authorities (including the police) or any party claiming ownership that we are free to return them to you.
11. Force Majeure
Neither party shall be in breach of these terms nor liable for delay in performing, or failure to perform, any of its obligations under these terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
Our failure to enforce any of the provisions set out herein, or failure to exercise any option to terminate, shall not be construed as waiver of any such provision and shall not affect the validity of these terms and conditions or of any part thereof, or the right thereafter to enforce each and every provision.
In the event that any of these terms and conditions are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from these terms and the remaining terms shall continue to apply.
14. Notification of Changes
14.1 DiineOut reserves the right to change these terms with immediate effect from time to time as it sees fit and your continued use of the Website will signify your acceptance of any adjustment to these terms. If there are any changes to our policies, we will announce that these changes have been made on our home page and on other key pages on our Website. If there are any changes in how we use our website customers’ personally identifiable information, notification by email or postal mail will be made to those affected by this change.
14.2 Notwithstanding the above, your statutory consumer rights are unaffected by this section.
15. Governing Law
The Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia, without regard to conflicts of laws provisions. You irrevocably consent to the jurisdiction of the appropriate courts located in Malaysia for any action arising from or relating to the Terms and Conditions or your browsing or use of this Site.