LABEL, CAPSULE AND CORK DESCRIPTIONS ETIQUETTE, CAPSULE ET BOUCHON

CC corroded capsule

CRC cracked capsule

WC wrinkled capsule

CUC cut capsule (usually done to authenticate)

DC damaged capsule

SNC slightly nicked capsule

NC nicked capsule

SDC slightly depressed cork

DEC depressed cork

SPC slightly protruding cork

PC protruding cork

SS signs of seepage

SSOS slight signs of seepage

Bottle Sizes

OWC original wooden case

OCB original carton box

OB original box

SCORE SCORE

RP: Robert Parker

WS: Wine Spectator

AG: Antonio Galloni

SPECIAL NOTICE

ATTENTION PARTICULIERE

Though every effort is made to describe or measure the fill- levels of older bottles, corks over 20 years old begin to loose their elasticity so levels can change between cataloguing and sale.

Old corks have also been known to fail during or after shipment.

Under no circumstances can an adjustment of price or credit be made after delivery except under the terms stated in the Conditions of Sale.

CC capsule corrodée

CG capsule griffée

CF capsule fripée

CDV capsule découpée pour vérification

CD capsule déchirée

CLA capsule légèrement abimée

CA capsule abimée

BLP bouchon légèrement poussé

BP bouchon poussé

BLE bouchon légèrement enfoncé

BL bouchon enfoncé

SI signes d’infiltration

LSI légèrements signes d’infiltration

CBO caisse de bois d’origine

CCO caisse de carton d’origine CO caisse d’origine

Bien que tout est fait pour décrire ou mesurer le niveau de vieux flacons, bouchons de plus de 20 ans commencent à perdre leur leur élasticité donc les niveaux peuvent changer entre le catalogage et la vente.

Vieux bouchons ont été également connus pour échouer pendant ou apres l’expedition.

En aucun cas un rajustement de prix ou de crédit est possible après l’accouchement, sauf sous les conditions énoncées dans les Conditions Générales de Vente

General Terms And Conditions Of Sale

The public sale of wines and other alcoholic beverages by Ampersand W.A. BV takes place on the terms and conditions listed below. When purchasing at the auction, you are deemed to have read and accepted the terms and conditions below.

Ampersand W.A. BV organizes public sales under the supervision of a bailiff and always and exclusively acts as agent and not as owner, with respect to all goods and wines submitted for sale.

All disputes arising during the sale shall be settled in the last instance by the bailiff.

The Dutch language is the only language of communication valid by law. During the auction, other languages besides Dutch may be spoken.

A. BEFORE THE AUCTION

1. Lot description

Ampersand describes the wines in its catalogs as accurately as possible. An overview of the descriptions and abbreviations used on the website and in the catalogs can be found under the page headed “FAQ”, which is part of the general terms and conditions. The wines offered are selected according to their origin, authenticity, and condition. The lots described in the catalogs are assumed to be indicative and can never be considered binding.

2. Condition

The condition of the lots sold in our auctions can vary greatly due to factors such as age and wear and tear. Their nature means that they will rarely be in perfect condition. Lots are sold “as is,” in the condition they are in at the time of sale, without any representation or warranty or assumption of liability of any kind as to condition by Ampersand or by the seller.

Any reference to the condition in a catalog entry will not be a complete description of the condition and the photographs may not clearly depict everything. Colors and stains or damage to labels and capsules may look different in photographs than upon physical inspection.

3. Viewing

If you plan to bid on a lot, it is advisable to inspect the lot either in person or by a knowledgeable representative before bidding. All potential buyers will be given the opportunity to view the offered wines on site. Viewing is possible by appointment only from the moment the online catalog is published, which is approximately 10 days prior to an auction.

4. Estimates

The stated estimates of the value per lot is based on prices achieved at previous auctions for comparable lots. These estimates change over time and do not guarantee the sale price. The estimates indicate the expected range of the hammer price, without commission, VAT, or transportation costs.

5. Catalogs

The catalog is published no later than 10 days prior to an auction. The online catalog contains photographs of all lots. Additional detailed photos will be made for you upon request.

6. Withdrawal

Ampersand W.A. BV may, at its discretion, withdraw any lot at any time prior to or during the sale. Ampersand will not be liable to you for any decision to withdraw lots.

B. REGISTRATION AND PARTICIPATION

Buyers may bid in the hall, in writing, by phone, online and live. It is recommended to choose one bidding method per lot to avoid bidding against yourself.

Buyers must be over 18 years of age to participate.

1. New buyers

Bids will be accepted after verified registration. For admission to the auction, Ampersand W.A. BV will ask for:

• private purchaser: an identification (driving license, national identity card or passport), and proof of residential address (e.g., via a copy of a current utility bill or bank statement)

• business buyers from Belgium: identification and a VAT number

• international business buyers: certificate of incorporation or equivalent documents showing your name and registered address together with documentary proof of directors and beneficial owners.

A purchase limit may be set. In addition, credit card details may be required, or a deposit may be required.

2. Bidding on behalf of another person

The buyer is supposed to act on his own behalf. If after the auction it appears that the purchases should be placed under another legal entity or entities, this does not relieve the ultimate buyer from payment within 7 business days after the auction. However, if the final buyer is not accepted by Ampersand W.A. BV, the intermediary is personally responsible for the purchase.

3. Options of bidding a. Online pre-auction bidding. b. Written and telephone bids. c. Live online bidding through our own website and Drouot Live. d. Bidding in the auction room.

If you cannot be present in person during the auction, you can use the following options of bidding free of charge.

Through our www.ampersandwineauctions.com, the Ampersand Wine Auction app (available in the Apple Store and Google Play Store) and through Drouotdigital (www.drouotdigital.com) platform (at higher commission cost).

You can find a written bid form at the back of our catalog. Written with declaration of the maximum bid and telephone bids by e-mail can be submitted up to 12 hours before the start of the auction. If these time limits are exceeded, Ampersand W.A. BV can no longer guarantee participation in the auction.

Written bids must be made in euros, and you will not be notified if overbid. Under the supervision of the bailiff, the auctioneer will act as bidder for you. The auctioneer must work incrementally toward your highest bid (So your winning bid may be lower, certainly not higher). If the “room” bids are over the highest written bid, they will expire. For telephone bids, a staff member will call you at the designated lots to bid for you during the auction.

Through our own website, the Ampersand Wine Auction app (available in the Apple Store and Google Play Store) and through Drouot.

After registration and identification at the counter, buyers will receive a bid number.

When you leave a bid online or in writing, it is considered a maximum bid.

All bids except those in the auction room will be registered. If because of these registrations Ampersand W.A. BV needs to take responsibility, it will do so.

Only when sufficient capacity is available during the auction is it possible for the team of Ampersand W.A. BV to submit bids on behalf of an absentee client. However, this ‘absentee bid’ is only possible for some lots and the principal must already be known and registered with Ampersand W.A. BV.

4. Bidding on submitted lots

The seller of a lot is not allowed to make bids on his submitted lot.

C. DURING THE AUCTION

1. Who can attend the auction

Ampersand W.A. BV reserves the right to refuse bidders at the auction. Buyers must be over 18 years of age to attend.

2. Reserve Price

Unless otherwise indicated, all lots are subject to a reserve price

3. Auctioneer’s discretion

The order of the catalog will be followed, but the auctioneer of Ampersand W.A. BV reserves the right to combine lots or change the order of lots, to remove lots from the auction and to provide additional or different information about the lots.

It is up to the auctioneer to: a. refuse a bid b. change the order of lots c. withdraw a lot d. determine the starting bid in the sale e. reopen or continue the bidding even after the hammer has fallen f. extend or shorten the bidding time.

In none of these cases shall the bidder have any right of recourse or right to compensation.

4. Bidding

The auctioneer will accept bids from: a. buyers in the auction room b. internet bidders through the Ampersand website and Drouot Live c. written and telephone bids (also called absentee bids).

5. Bid steps

The auctioneer usually calls the lots by auction in increments according to the following table:

€ 0 - 100 € 5

€ 100 - 200 € 10

€ 200 - 800 € 20

€ 800 - 2.000 € 50

€ 2.000 - 4.000 € 100

€ 4.000 - 10.000 € 200

€ 10.000 - ... € 500

6. Other rules in the auction room

In case two or more written bids are the highest bidder, the one who made the bid first will become the owner of the lot. Should two or more persons claim the same lot at the time of allotment or should difficulties of any kind arise during the allotment, the disputed lot will immediately be put back into the auction. The successful bidder will be the highest and last bidder and will become the owner of the lot after payment. Each bid is unconditional and irrevocable.

Any auction participant who causes damage to the lots displayed will be responsible.

D. BUYER’S PREMIUM, VAT AND EXCISE DUTY

1.Buyer’s premium and administrative fee a. European Buyers. b. Buyers outside the EU (export) c. Administration fee

European private and business buyers pay the hammer price plus a buyer’s commission of 22% (23% via Drouot) and includes 21% non-refundable Belgian VAT.

A private or business buyer outside the EU pays the hammer price plus a buyer’s commission of 18.18% (19.01% via Drouot). This buyer’s commission is free of VAT.

For each lot sold, €3 administration fee will be charged to the buyer.

2.VAT a. Margin lots b. VAT lots

These are wines contributed by private individuals. All margin lots are sold without additional VAT. Buyers within the EU pay only the buyer’s commission for these lots (explanation see above).

These are wines brought in by a business seller. In addition to the buyer’s commission, VAT is due on these lots.

• Belgian private buyers pay 21% VAT.

• Belgian business buyers pay 21% recoverable VAT

• European private buyers pay the valid VAT rate of their own country

• European business buyers (valid VAT number required) have shifted VAT of 0% with intra-community delivery

• all buyers outside the EU (export) are exempt from VAT

3. Customs and excise

International buyers are responsible for payment of excise duties in their home country, according to local rates. European shipments via a transport company to business buyers are required to be accompanied by an e-AD for local customs clearance. The cost for this e-AD is 35 euros excluding VAT and is charged to the buyer. If the European business buyer collects the goods himself, this is not mandatory, this buyer signs a declaration when collecting the goods as proof of intra-community delivery or export.

E. PAYMENT

A pro-forma invoice will be provided by e-mail as soon as possible after the auction.

1. Term

All purchased lots must be paid within 7 business days after the reception of the pro-forma invoice.

2. Currency

All transactions take place in Euro.

3. How to pay

Ampersand Wine Auctions BV only accepts payments from the registered bidder. After issue, we cannot change the buyer’s name on an invoice or reissue the invoice in a different name. The buyer must pay within 7 days after the auction, even if he wants to export the lot and needs an export license.

Following payment methods are possible: a. Bank transfer (preferred).

Ampersand Wine Auctions BV

IBAN: BE04 7360 6142 6831

Swift/BIC: KREDBEBB b. Credit card

The buyer shall state the (pro-forma) invoice number when transferring.

Payments by credit card are possible, a secure payment link will be provided by Ampersand. There is an administrative charge of 1.5% for European buyers and 2.5% for non-European buyers on top of the total amount.

4. In case of late payment or non-payment

Ampersand Wine Auctions BV may take measures in case of obstruction of timely payment by buyers. It may:

• refuse bids for a subsequent auction until the invoice of the previous auction has been paid

• set a limit for purchases at the next auction

• require a deposit before bidding can resume. This deposit will be refunded after deduction of any fees on the Monday following the auction and in the event of changes by the buyer to the original instructions within 2 weeks of the auction at the latest

• put the goods up for auction again and claim payment of the difference in proceeds, in which case 6% of the hammer price may be charged as an expense (mourning sale)

• deny access to all subsequent auctions.

5. Transfer ownership to the buyer

If your highest bid is accepted by the auctioneer, you are the buyer of the lot. The striking of the auctioneer’s hammer marks the conclusion of a sales contract between the seller and you (the buyer). However, ownership of the lot is only transferred from the seller to the buyer once Ampersand W.A. BV has received full and clear payment of the purchase price. The lot will not be released until Ampersand W.A. BV has received full payment.

6. Transfer of risk to the buyer

Immediately after the allotment, each lot sold, kept with the utmost care, is for the account and risk of the buyer and any complaint is excluded. In the event of damage caused by Ampersand W.A. BV personnel to a lot allocated to a buyer (e.g., due to breakage), Ampersand W.A. BV will reimburse the price of the lot (buyer’s commission and administration costs included) to the buyer. Ampersand W.A. BV can never be held responsible if it appears that after or during the auction bottles have leaked or corks have moved.

F. OUR LIABILITY

The goods at auction are sold in the condition in which they are, including any visible or hidden defects. Ampersand W.A. BV is not responsible for defects that it was unable to observe, even if the hidden defect renders the purchase unsuitable for the use for which the buyer had intended the wine, and also not if the defect reduces the use to such an extent that the buyer, had he known about the defects, would not have bought the goods or would only have bought them at a lesser price.

The buyer is deemed to have thoroughly examined the lots as to their nature, nature, genuineness, and condition. If purchases are made without prior examination, including with respect to the description in the catalog, the buyer shall be deemed to have made the purchase at his own risk.

Every potential buyer, bidder or purchaser acknowledges to be aware that, regarding the wines, no right of recourse is possible on account of defects in the merchandise (art. 1649 B.W.), nor on account of detriment (art. 1648 B.W.).

When bids do not reach the auction room because of power-, system- or technical failures, Ampersand W.A. BV does not have to compensate any damage.

In case of damage caused by personnel of Ampersand W.A. BV to a lot allocated to a buyer (e.g., due to breakage), Ampersand W.A. BV will reimburse the price of the lot (buyer’s commission and administration costs included) to the buyer. Ampersand W.A. BV can never be held responsible if it appears that after or during the auction bottles have leaked or corks have moved.

G. COLLECTION AND STORAGE

1. Collection

After the auction, collection is possible on site, by appointment only. Collection of the wines can only take place after receipt of payment. Collection must take place within 21 days after the auction unless otherwise agreed in writing.

2. Storage

Immediately after the allotment, the lots sold belong to the buyer and therefore at his own expense and risk. Until collection/dispatch, Ampersand W.A. BV will store the purchases free of charge in an air-conditioned and insured room. If a lot is not picked up by the buyer within 21 days after the auction, this lot will be kept in storage by Ampersand Wine Auctions at the risk of the buyer. On request, this storage period can be extended to 2 months.

Ampersand W.A. BV facilitates the storage of wines especially for its buyers overseas, in case of long stays abroad and in case of too high or too low temperatures for shipping wine. However, this storage capacity is not unlimited. However, lots are only insured in case of loss or serious damage, Ampersand W.A. BV can never be held responsible if it appears that after the auction or during storage bottles have leaked or corks have moved. Fill levels of wines may diminish over time as cork is a natural product. Ampersand W.A. BV cannot be held responsible for a reduction of fill level during long term storage.

If wines remain in storage for more than 2 months without prior written agreement, Ampersand W.A. BV reserves the right to charge 3% storage costs per month over the hammer price or, in an extreme case, to put the wines up for auction again. In doing so, Ampersand W.A. BV reserves the right to charge 6% of the hammer price on the resale and, if applicable, the cost for a difference in yield. The balance will be paid to the first buyer.

H. TRANSPORT AND INSURANCE

All formalities such as transport, VAT, transport documents and customs obligations remain at the expense and full responsibility of the buyer. The buyer is free in his choice of transport.

1. Transport arranged by Ampersand W.A. BV

As an extra service, Ampersand W.A. BV can organize transport of the purchased goods through internationally recognized carriers. When Ampersand W.A. BV facilitates transport, it offers an all risk insured transport. The cost price for an all risk insured transport depends on the destination and the number of bottles. The buyer only pays the cost price for the shipment and insurance of his purchased goods determined by the recognized carrier, Ampersand W.A. BV does not charge extra costs for organizing the shipment.

If damage (theft or breakage) occurs during all-risk insured transport, Ampersand W.A. BV will settle the damage claim. The all-risk insurance does not cover any damage other than theft and breakage and must be reported to the carrier immediately upon receipt of the goods. The recipient also immediately takes photos as evidence for the insurance.

If the buyer decides to deviate from the all-risk option, the consequences in the event of any damage during transport are entirely the responsibility of the buyer.

2. Transport arranged by the buyer

Buyers can pick up wines themselves by appointment or send their own courier service for pickup. If the buyer arranges their own transport, Ampersand W.A. BV is not responsible for any damage that occurs during transport.

3. Customs documents

Unless otherwise agreed with us in writing, arranging customs documents is entirely the responsibility of the buyer. For European business buyers Ampersand provides a (mandatory) EAD, for this a cost of 35 euro excluding VAT is charged.

4. Proof of export

European buyers who make use of the intra-community VAT scheme may personally collect and transport goods abroad but must prove that their purchases leave Belgium. We will require proof and have them sign a declaration (intra-community destination document).

5. Transport at too high or too low temperatures

Wine may be damaged if transported at too high or too low temperatures. Ampersand W.A. BV reserves the right not to ship wines at temperatures that may cause damage unless the buyer assumes full responsibility in writing.

I. SELLER WARRANTY

For each lot entered, the seller gives the guarantee that he is the owner of the entered lot or co-owner or has the permission to sell the lot for the owner.

The seller bears full responsibility regarding the wines introduced, the authenticity, the correctness of the data and the nature and condition of the wines introduced in the event that a dispute arises after the sale.

Ampersand Wine Auctions (Ampersand W.A. BV) does not take any responsibility regarding authenticity, labels, brands and dates of the bottles. Full responsibility in civil and criminal matters lies with the seller.

J. ADDITIONAL CONDITIONS

1. Privacy a. From this point of view, we process your personal data for:

Ampersand Wine Auctions (Ampersand W.A. BV) is bound by legislation to protect privacy for the processing of personal data. By participating in the auction, participants agree that Ampersand Wine Auctions may store their personal data (both within and outside the EU) and process it for the purposes described in the section below.

We collect your personal data only to the extent that they serve the shared interest between us and / or naturally arise from the purchase and sale conditions that we have mutually agreed.

Personal data are all elements of information about a person who can, independently or in combination with each other, make it possible to identify this person.

We do not provide any information to third parties other than inevitably necessary to enable the services agreed upon with you, to keep you informed of our activities, to safeguard business continuity, to allow company termination or to comply with a legal obligation.

Organizing the services you require, for:

• The registration of your purchases and / or sales

• The registration of your bids

• Preparing quotes

• Processing your (out) payments

• The transport of your purchases and sales

• The possible storage of your wines

• Providing the service, you requested

• The preparation of analyzes as a tool to better determine how we could best serve you.

The external communication about the desired service when it comes to:

• Giving auction information via group emails (MailChimp)

• Technical support for contacting you in any way

Our social responsibility when it comes to:

• Compliance with government regulations in particular

• Our excise and other tax obligations

• Being able to determine whether you are 18 or older

Securing business continuity, in particular:

• The determination of the acceptance of bids and the conditions under which these bids are accepted.

• Being able to legally enforce the agreed terms and conditions of sale or purchase.

• Transferring your data in the event of a change of ownership b. Data that may be required of you and that is recorded in our software:

• Your first and last name

• Your gender

• Your company name and VAT number

• A national register number

• Your language

• The address, telephone number and the name of the contact person to whom we must direct our invoice

• The address, telephone number and name of the contact person to whom we must deliver your purchases

• The address, telephone number and the name of the contact person from whom we must collect your input

• Your instructions for the method of our service

• Your IP addresses

• Your IBAN c. Partners with whom we work Partners with whom we work through personal contact and who have access to personal data have a confidentiality obligation due to the nature of their position and / or because of a contract. d. Inspection e. Adjusting data f. Period of data retention g. Website visit h. Video images

• Credit card details provided by you, copies of your passport or other forms of identification are not stored digitally. We destroy this data after inspection or save it in a secure manner.

Service providers with whom we have no personal contact are our social media. They work according to ways that we assume are generally known. We do not provide any personal data to our social media. You can use our social media at your own discretion. We do not use the additional marketing options available from these media.

You can request or view your data from us.

When you bid online with us, you can change your details on our website yourself. Your entrance to your online bids is protected by a password.

Erasing your historical data as a legal person in our auction system is possible, except when this is not legally permitted and / or the business continuity could be damaged.

We save your data for the legally required periods and as much longer as necessary to provide a good service or to guarantee business continuity.

Our website does not use cookies.

To ensure safety, we make video images of the publicly accessible spaces in the auction building. This includes the auction and showroom.

2. Copyright

Ampersand Wine Auctions (Ampersand W.A. BV) owns the copyright in all images, illustrations and written material produced by for use relating to a lot. You may not use them without our written permission.

3. Publication of results

The results will be online no later than Thursday after the auction. The results are in Euros and include the hammer prices excluding buyer’s premium and administration costs.

4. Disputes

In the event of disputes, only the courts of Antwerp have jurisdiction.