Terms & Conditions

Website Terms & Condition of Use

Acceptance of terms
This website is operated by CzechWineDirect.com (CWD). Your use of our website is governed by the following terms and conditions. Please take a few minutes to review these terms and conditions. Your use of the CzechWineDirect.com website constitutes your agreement to follow and to be bound by these rules. If you do not agree with any of these terms and conditions, do not use the CWD website. CzechWineDirect.com reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of our website following any such change represents your consent to follow and be bound by these changed terms and conditions. We recommend that you review these terms and conditions whenever you are using our website.

Copyright notice
All of the content on the CWD website, including documents, images, articles, references, design, descriptions, HTML formatting, etc are subject to service mark, trade dress, trademark, copyright, and other intellectual property licensing and rights or held by CWD, and may not be copied or reused without our written permission.

Account registration
Online orders do not require you to register an account with CzechWineDirect.com. Guest checkout is permitted except Pre-Arrival items. We recommend creating an account as this will allow you to save your personal information, expedite future orders, review your order history, and see your order status and shipment tracking. Registered customers who place an order online can view their entire order history. New Customers shall register for an account on the My Account. To register, new customers will be asked to provide an email address, username, and to create an account password. We also ask you to provide your name, billing address, and phone number, as well as preferences regarding our newsletter and email alerts.

Privacy and security
CWD is firmly committed to the personal information privacy and security of your online transactions. We never sell or share any personal information you provide us with. If you choose to participate in our email alerts program to receive our offers and promotions, you are always free to change your preferences or "opt-out" of these settings. Your credit card information is safe when you order on our website. At CWD, we use the very latest technology and make every effort to ensure the security of your transactions. Safeguards in place secure the information we collect online and prevent unauthorized access or disclosure, and maintain data accuracy while ensuring the appropriate use of information. Our SSL encryption technology protects sensitive information from unauthorized parties. SSL encrypts your credit card number, name, address, and phone number before it is sent over the Internet. For more, see our full Privacy Policy.

General Terms of Sale

Legal age requirement
Wines and other alcoholic beverages may be sold and delivered only to persons over the age of 21. BY ORDERING FROM CZECHWINEDIRECT.COM WEBSITE, YOU AFFIRM THAT YOU ARE AT LEAST 21 YEARS OLD. CWD makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. ALL ALCOHOLIC BEVERAGES THAT WE SHIP ON YOUR BEHALF MUST BE RECEIVED AND SIGNED FOR BY AN ADULT OF THE LEGAL DRINKING AGE. WE ENCOURAGE YOU TO DELIVER TO A BUSINESS ADDRESS TO REDUCE THE LIKELIHOOD OF FAILED DELIVERY. If the wine is returned to us for failure to provide positive proof of age, you are responsible for paying all related shipping charges.

Order confirmation
No order is considered confirmed until your credit card (or other means of payment) has been processed and an email invoice has been provided. For each online order, we send you an order acknowledgment to confirm your order has been received. No payment is processed until quantities are confirmed and your order is packed. At that time (usually within 24 hours of your order) we will send you an email order confirmation and, if applicable, a shipment confirmation. All orders are subject to our acceptance, and we may refuse any order at our discretion.

Order cancellations and or changes
Except for orders placed and canceled on the same business day, we must impose a 20% processing fee on canceled orders paid for by credit card to recoup transaction and overhead costs. To cancel or change, please contact us as soon as possible. To avoid a cancellation fee, you must obtain a written acknowledgment from us noting that we have received and approved your cancellation request. Such notice shall be sent by the end of the same business day on which the order was originally placed. Note that special orders and pre-arrival orders are NOT CANCELLABLE.

Returns
We at CzechWineDirect.com are committed to ensuring our customers' satisfaction not only with our products but also with our service. If any product had been damaged during shipping or you have received an incorrect wine, or if you received an off-condition or otherwise flawed wine, please contact us immediately. Provide us with your order number, a detailed description of the reason for your dissatisfaction, and other relevant info including pictures. Our Customer Service department will review each specific circumstance on an individual basis, and determine whether the return request meets our acceptance criteria. If it’s found that the responsibility for the error or flaw is on our end, we will either, pursue a claim with the shipping company, exchange the bottle(s) or issue a refund for the applicable amount. Please note that shipping charges are not refundable and we don’t accept returns after 5 days of the product arriving at the final destination.

California law does not allow us to accept returns of wine or other alcoholic beverages if you do not like the product, change your mind after an order, want to return a gift, or return your overbought excess inventory from a previous purchase. Once wine has left our storage facility, the buyer is solely responsible for any loss or damage. Buyer agrees to provide a business shipping address and is responsible to contact us regarding alternative or special shipping arrangements.

All wine is sold “as is” and final once shipped or received. We cannot accept a return for any opened wine under any circumstance.

We do not recommend ground delivery for orders and we strongly urge you to consider the effect of weather conditions when selecting a shipping method. We will not be held responsible for damaged products due to the selection of such delivery service chosen. Neither we nor the shipping company contracted on your behalf to deliver your wine provide insurance coverage against weather-related damage that may occur in transit. This is because of the potential heat exposure through summer or extremely cold conditions during winter. After your wine has safely left our facility we do not accept returns due to such damage. If you desire to put your order on hold until temperature conditions are more suitable for shipping contact us with your request and we may do so at no additional cost.

Sales tax policy
Sales tax will be applied based on the seller’s location. Seller makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. Buyer warrants he or she is solely responsible for the transport of the purchased products and for determining the legality and the tax/duty consequences of bringing the products to the buyer’s chosen destination. We add applicable Los Angeles County sales tax of 9.5% to all orders shipped or delivered within the state of California. Orders shipped to states outside California are not subject to California state sales tax, however, they may be subject to sales or use tax in the destination state and we will charge such tax accordingly at the time of order. Note that any new governmental taxes incurred after the order will also be charged at the shipment date.

Order processing time
In-stock wines, as well as the "in stock" portion of orders that include both "in stock" and "pre-arrival" wines, are generally processed and shipped within 24-48 hours. Special shipping requests including rush orders, requests to ship original wood cases, etc. should be made by contacting us.

Futures & pre-arrivals
Futures & Pre-arrival wines are not available for immediate shipment, some may take anywhere from a few weeks to 3 years. For your inquiry for a particular wine, we can provide you with an estimate of arrival times via email. Shipping for futures & pre-arrivals is not charged at the time of order but is determined once the wine arrives at our warehouse. We will contact you for further instructions which include a shipping address and method. We do not automatically ship out pre-arrival wines. We typically email you upon the wine's arrival and will follow up by another email if no response is received within a reasonable period.

Wine and other alcoholic beverages sold by CWD may be subject to other laws, rules, or restrictions governing the importation, including duties, tariffs, permits, rates, schedules, taxes, and preliminary statements, as they may be amended, adjusted, increased, renegotiated, replaced or restated from time to time (herein "Import Duties"). You, as a buyer, are solely responsible for all import duties that may apply to any purchase of wine or alcoholic beverages, including those import duties in effect after you purchased the wine or alcoholic beverage but before the importation of the wine or alcoholic beverage.

International orders
We may accept an international order for your country or provide a quote for international shipping upon request. Note that there may be additional duties, taxes, and tariffs based on your destination country. You are responsible for determining your customs charges and shall contact your local customs office for details. Contact us for more information.

Gift cards
For your convenience, we offer electronic gift cards. You are free to choose any denomination, which will be applied to the electronic gift card and made available for immediate use at the CWD website for the purchase of any products or services we offer. Upon purchase, the buyer must identify a recipient's name, which becomes attached to the gift card's unique serial number. THE CARD SHOULD BE TREATED LIKE CASH, SO KEEP IT IN A SAFE PLACE. If the card is lost or stolen, you should contact us immediately so that we may place a "hold" on the card and issue you a new one. The service charge for a card replacement is $10. NO REFUNDS ARE PERMITTED FOR GIFT CARDS; NO CASH BACK GIFT CARD MUST BE APPLIED TOWARDS PURCHASES OF MERCHANDISE OR SERVICES ON THE CWD WEBSITE. See our Gift Card Terms & Conditions for more details.

Older wines
When obtaining older vintage wines, CWD deals with reputable suppliers where the wine's origin is not in question. Note that due to the inherent limits of our ability to guarantee the condition of older wines, and following the industry norms, wines that are five years old or older are purchased at the buyer's risk. If there is a problem with such older wine, we would appreciate your feedback on whether we should be concerned about a potential issue with a given vintage, producer, or supplier.

Retailer sales
CzechWineDirect.com is an e-commerce business and is not permitted to conduct in-person sales from our warehouse location.

Credit card billing
CWD requires that your billing address match the billing address associated with the credit card used for your order payment. If necessary, please update your billing address during checkout to match the address on file with your credit card company.

Charge-backs
A small surcharge is levied by our carriers for delivery to residential addresses. You are responsible for correctly identifying if the address is a residence or business. Charge-backs received from our carriers due to incorrect address identification caused by you will be billed back to you. If the provided incorrect shipping address information caused a failed delivery attempt, our primary carriers will charge us a $20 PENALTY PER PACKAGE for address corrections, which will be billed back to you. Any order that is refused or returned after three delivery attempts shall be refunded for the amount of the item ONLY. The shipping charges will not be refunded and a one-time, non-refundable 20% restocking fee will be applied to each order item.

Pricing changes or errors
Although we try to avoid mistakes, they do occasionally happen. We reserve the right to correct pricing errors and to change prices without notice.

Shipping

Intrastate shipping
Many states laws are prohibiting or severely restricting the shipment of wine into their states from elsewhere in the country. Non-California residents are responsible for determining if their state or county laws allow wines, spirits or tobacco products to ship into their state or county. Each state or county has their own laws and regulations related to these products. Please check with your appropriate agencies. Each individual accepts responsibility for their state verifications. We may determine not to ship to any location if we believe that, to do so, would violate any federal, state or local laws. If a buyer lives in a state where the direct shipment of wine may violate the law, buyer may contact us to discuss shipping options, which options may include provision of an alternative shipping address in a state where the direct shipment of wines to consumers is permitted or storage of the wines at an acceptable and legally compliant third-party storage facility, provided that, in so doing, we would not be indirectly violating the law in our sole judgment. If you desire and elect to ship to another state you’ll assume all responsibility for determining whether it is lawful to import alcoholic beverages into that state.

Interstate shipping laws are constantly changing so we recommend you check with the appropriate agency in your state or county. Due to ever changing direct-shipping laws and regulations, the list of states that we ship to may change at any time. We may ship to limited zip codes in Alaska. We may send wine only shipments within the state of California, Connecticut, the District of Columbia, Florida, Idaho, Louisiana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oregon, Virginia, West Virginia, and Wyoming.

Unfortunately, we cannot ship to P.O. boxes, freight forwarders, APO/FPO addresses, or internationally.

All CzechWineDirect.com wines are sold in California and title passes to the buyer in California. We make no representation of the legal rights of anyone to ship or import wines into any state outside of California. The buyer is solely responsible for the shipment of wines. By placing an order with us, you authorize CzechWineDirect.com to act on your behalf to engage a common carrier to deliver your order to you. Our acknowledgment of an order is not a guarantee that we will ultimately be able to ship the order to you. If we are unable to ship your order to the state of your request we will cancel your order and refund your money.

Once wine has left our storage facility, the buyer is solely responsible for any loss or damage. Buyer agrees to provide a business shipping address and is responsible to contact us regarding alternative or special shipping arrangements.

All wine is sold “as is” and final once shipped or received. We cannot accept a return for any opened wine under any circumstance.

Although we are usually able to ship your order on the same day, occasionally, demand for limited supplies may deplete our stock. In that case, the item will be placed on backorder and we will notify you via email. We will email you once again when the item becomes available and you’ll have to respond to us letting us know you would still like to receive the item. Your credit card will be charged only when the item has shipped EXCEPT on Future and Pre-Sale items. Those charges will be processed shortly after the order has been placed.

Shipping weather advisory
We do not recommend ground delivery for orders and we strongly urge you to consider the effect of weather conditions when selecting a shipping method. We will not be held responsible for damaged products due to the selection of such delivery service chosen. Neither we nor the shipping company contracted on your behalf to deliver your wine provide insurance coverage against weather-related damage that may occur in transit. This is because of the potential heat exposure through summer or extremely cold conditions during winter. After your wine has safely left our facility we do not accept returns due to such damage. If you desire to put your order on hold until temperature conditions are more suitable for shipping contact us with your request and we may do so at no additional cost.

Weather-related holds
As a courtesy to our non-local customers, if weather conditions are unfavorable for the safe transport of your wine at the time of order, you may contact us with your request and if approved we may hold your order for future shipment. If approved, you will be charged for the items in your shopping cart upon order confirmation. WE WILL NOT HOLD WINES FOR THE SAKE OF CONVENIENCE, BUT ONLY FOR EXTREME WEATHER CONDITIONS. "HOLD" WINES MUST BE SHIPPED WITHIN 4 MONTHS OF THE ORDER DATE (ARRIVAL NOTIFICATION DATE IN THE CASE OF PRE-ARRIVAL WINES), AFTER WHICH TIME WE RESERVE THE RIGHT TO ASSESS STORAGE FEES OR CANCEL THE ORDER (FOR STORE CREDIT) AT OUR DISCRETION. Our liability in such cases is limited to the original transaction price and not the then-current replacement value of the wine(s) in question. CUSTOMERS' WINE IS NOT INSURED BY US WHILE BEING STORED BY CWD, SO WE CANNOT BE HELD LIABLE IF WINES BEING HELD BY US ARE DAMAGED DUE TO AN ACT OF GOD OR ANY CAUSE BEYOND THE REASONABLE CONTROL OF CWD. CWD is a warehouse facility and our space constraints limit our ability to hold wines for customers without adversely affecting our operation. Therefore your adherence to our strict storage policies is requested. We may provide you with referrals to reputable wine storage facilities if you require such service.

Shipping rates
Our shipping rates include the cost of specially designed wine shipping containers. ESTIMATED SHIPPING RATES AT CHECKOUT ARE PROVIDED BASED ON SHIPPING ADDRESS, SHIPPING METHOD, AND THE NUMBER OF BOTTLES IN YOUR ORDER. Note these quoted shipping rates are estimates, and actual shipping charges may differ based on factors that are not taken into account by our automated shipping estimator.

For example, sparkling wines and some non-sparkling wines due to their heavier bottle weight are charged an additional $3.00 per bottle above the estimates provided. Our shipping estimator is set up to recognize 750ml in size. The actual price difference for bottles smaller than 750ml bottles (bottle size 500ml, 375ml, 300ml, 187ml, etc.) is typically lower and we will pass along these savings to you. Also, shipping charges for unusual bottle shapes and sizes cannot be accurately estimated. We will include the actual shipping charges in the order confirmation email we send to you upon the shipment.

ACTUAL SHIPPING CHARGES ARE INCLUDED IN THE ORDER CONFIRMATION EMAIL WE SEND TO YOU UPON SHIPMENT.

Local shipping alternative
As a courtesy to local customers (the greater Los Angeles area, including Ventura County, Orange County, and San Diego County), we may deliver full case orders for a flat fee. This service may be available for deliveries on demand within 5- 7 days from the order confirmation. Note such orders may be subject to a case minimum. Emails us shall you learn more about this option.

Insurance:
Optional insurance coverage is available for 1.0% of the total purchase price of your order over $100 and covers any loss due to breakage or theft that may occur while your order is in the possession of a common carrier. This insurance does not cover damage resulting from extreme hot or cold temperatures during transit. While shipping insurance is optional, declining coverage releases us of all liability associated with breakage or loss that may occur to your order during shipment. If you have opted for the optional insurance coverage and you receive damaged merchandise, you must notify us of any broken or damaged bottles within two days of delivery so that we may process your claim with the carrier.

Special shipping requests
Special shipping requests —including rush shipping, international delivery, requests to ship original wood cases, etc. – shall be requested via contacting us before checkout.

Original wooden cases
If applicable we may ship the original wooden case upon your special request. Please contact us first to arrange such an option.

Wine offers are void where prohibited by law.

California Proposition 65

WARNING Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk and during pregnancy, can cause birth defects. For more information go to https://www.P65Warnings.ca.gov/alcohol

WARNING Many food and beverage cans have linings containing bisphenol A (BPA) a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages in these containers.  For more information go to www.P65Warnings.ca.gov/BPA

Auctions

CWD Auctions allows our customers to purchase some of the rarest and limited edition Czech & Moravian wines in a convenient and secure place. At this moment CzechWinesDirect.com is the only website offering such a service to you. Our online wine auctions are conducted in a trusted environment, where you can rest assured that all auction items have been strictly inspected for authenticity and held to stringent quality standards.

To participate in CWD Wine Auctions you must first become a registered customer. If you don’t have an account sign-up for free. To place bids on CWD Wine Auctions you must have a current credit card on file and a shipping address within a state that allows a buyer to import alcohol directly.

Getting Started

Bidding
Once you have registered as a CWD customer account and possess a valid credit card on file you may begin bidding on active auction lots. Simply login, choose an active auction lot and click the “Bid” button next to the lot number to enter your maximum bid. For more detailed information about bidding, please refer to the “Placing Bids” section below. If your credit card expired, our site will prompt you to enter a new card before accepting your bid.

Selling
If you are interested to have your rare or limited edition Czech or Moravian wine auctioned on the CWD site submit a list of your wines by contacting us here. Please include all items and details including origin and storage information with your list. CWD representative from the Auction Department will contact you regarding the auction sale of your wine. Note that we may take some time as we research the value of your offer.

If we agree to auction your wines you will have to ship your wines to CWD for inspection before the auction. If you wish contact us here and we may assist you with shipping your wines to our facility. Any shipping charges CWD incurs will be deducted from your final auction proceeds.

Once we have received your wines, we will inspect them to ensure their quality and authenticity. You will receive a confirmation report showing the bottles in our possession, the bottle conditions, final reserves, and lot identification. After reviewing the current tasting notes, photographs and other lot info will be featured in the auction section of our website for a 7-day auction. Note that not all lots from one consignment will be listed at the same time as we reserve the right to find the most appropriate time to list each lot.

Sellers may not bid on their own lots or participate in any activity to intentionally drive up the cost of their lot.

Upon completion of the auction, the seller will receive email notification of the winning purchase price for the lot. Once the transaction with the winning bidder is complete, CWD will contact the seller to arrange payment for the sale of the seller’s wine. Seller will receive the winning bid amount, less CWD commission, the listing fee, appraisal service, handling fee, and any applicable storage and shipping charges. This process shall not exceed a period of 30 days from the auction lot end date.

CWD will provide a full transaction history of auction sales, inventory, and withdrawals made from the seller’s consignments. The current balance will show both the total proceeds available at the date of the statement. Payments are rendered by a check and usually processed within 5-10 days. The seller will receive an email notification once payment is underway. You may request a CWD store credit. Such credit can be applied for future auction fee payments. Prior to CWD processing the check, you may cancel the request by contacting us here. Requests for cancellation after a check has been issued will not be granted. All checks shall arrive through first-class mail 7-10 business days after the check has been processed.

Storage Liability for Loss
CWD assumes no responsibility for loss or damage to auction lot items, except for loss or damage arising from the gross negligence or intentional misconduct of CWD agents or employees, and arising from the handling, storage, and/or shipping of such items after such items have been in CWD possession or custody. CWD strongly encourages you to acquire and maintain adequate and appropriate insurance for such a purpose.

Placing Bids
In order to place bids on CWD Wine Auctions, YOU AFFIRM THAT YOU ARE AT LEAST 21 YEARS OF AGE, you must be logged in to your customer account, have a current credit card on file, and have a shipping address within a state that allows the Buyer to import alcohol directly.

When you place a bid, enter the maximum amount (using the plus sign to the left of the BID button) you're willing to bid for the item at the current moment. Only the current bid and previously placed bids are visible to the public. The other bidders will see your current bid the moment you confirm it. Note we do not use the automated maximum bid feature so you will have to bid again if a competing bid was received and someone outbids you. We will notify you via email so that you have an opportunity to raise your maximum bid before the auction ends.

Once you enter your bid in the field provided and click the “Bid” button, you will be taken to the bid confirmation window to review and confirm your bid. At this window, you will be notified that a bid is considered a binding contract which means that if you bid on this item, you are committing to buy it if you win. You will have to click the Yes, I want to bid button to confirm the bid.

After your bid has been placed, please check the “Auctions – My Auctions” section of the “My Account” page or contact the Auction Department to confirm that your bid was recorded.

At any time, you may view your bid history and/or increase your maximum bid by going to the “My Account” section of the CWD website and selecting “Auctions - My Auctions”.

If you and another bidder bid the same amount on a lot, the bid placed earliest takes priority. If you were outbid, we will notify you via email so that you have an opportunity to raise your maximum bid before the auction ends. Please note that each auction has a defined end time and no bids will be accepted if placed after that time.

Make sure you have correctly entered in your maximum bid since this will be considered a binding contract to buy if you should win the lot. Therefore, only bid on items that you intend to buy.

Bid Increments
Each auction lot follows a bid increment selected and scheduled for each individual auction item.

The bid history will show the sequence of bids. The winning bid needs to be higher than the current highest bid by the scheduled amount. For example, a lot starts at $40 with a scheduled $5 bid increment so the next minimum bid per the $5 increment, will be $45.

Bid History
Each lot will show a Bid History. The Bid History will include the Username, Bid Amount, and Date.

The bids are shown in chronological order from when they were placed on the auction lot.

Buyer's Premium
CWD charges a 5% buyer’s premium on top of the winning bid. The buyer is only responsible for paying the buyer’s premium on the winning bid.

Watch / Track Auction Lots
To follow an auction lot, select the button on the lot detail page that says “Add to watchlist.” You must be logged into your CWD account to see or manage your watch list or place bids. To view the lots you are tracking, please visit the “Auctions- My watchlist” page in the My Account section of the CWD site. You can click the lot name to go to the detail page from where you can bid.

Paying for Your Wine
As the winning bidder, you will receive a “You are the winner!” email notification directly following the auction close that provides a link to confirm your order and select shipping preferences. You must do this within 3 days of the auction end date. You may also contact us here to confirm your order. The auction lot will remain in our warehouse until the item is shipped.

If CWD places your order after the 3-day window period has expired, we reserve the right to charge any valid card on file should the default credit card be expired or declined for other reasons. You may only pay for your wine with a credit or debit card.

Title to the property will not pass from Seller to Buyer until full payment is received by CWD. Any applicable storage or shipping charges must also be received prior to the release of the lot. If you are interested in CWD temperature-controlled lockers available in our warehouse for sixty dollars ($60) per month, please contact us here.

Emails About Your Transactions
CWD keeps both Buyers and Sellers informed with email notifications about the status of auction lots.

Bidders may receive a variety of emails including notices, outbid notices, winning bid notices, and shipping notices. Sellers may receive a variety of emails keeping them up to speed on their auction lots. Sellers will receive a notification when we’ve initiated the first lot in the consignment and each time a lot sells or if a lot ends without a winner.

It is very important to keep your email address up-to-date to receive these critical notifications. You can always reach our Auction Department by contacting us here. To update your email address, go to the “My Account” section of our website and click “Account details” there you can make changes to your contact information.

Shipping

Sellers
Sellers will need to ship their wine to our facility for inspection prior to sale at auction. Upon your request, we will send you a pre-paid shipping label to use and if necessary we may also provide proper packing materials. In the case of large consignments or periods of extreme weather, alternative shipping arrangements may be made.

The shipping and handling costs will be deducted from your final payment after the wine has been sold. Upon receiving your shipping label and packing materials, please safely pack your wine and include a signed copy of your Auction Consignment Form. You will be able to drop the packages off at a local FedEx or UPS office or other carrier or arrange a pick-up from your home.

For wine being shipped via FedEx or UPS, we require the use of specially designed and approved wine shippers. If proper packing materials are not used, CWD cannot be held liable for any breakage during transit.

If the wine is not in the same condition as indicated in the Seller’s original list and/or is not the correct wine, the Seller will be responsible for paying for the outstanding shipping costs as well as the fees incurred in returning the wine to the original address should CWD not be able to proceed with the auction.

Buyers
All purchased auction items may be arranged for shipment on behalf of the Buyer from our warehouse after receiving payment of the purchase price, any applicable fees, and pre-paid shipping charges.

Local deliveries to certain zip codes can be arranged by contacting the Auction Department.

Buyers will have an opportunity to select their shipping preferences, provided the requested shipping address is within a state that allows the Buyer to import alcohol directly. If a customer lives in a state where the importation of wine by a consumer 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.

CWD automatically includes insurance for a nominal fee on all auction orders at the time of shipment. If the Buyer declines insurance, a written acknowledgment to hold CWD without fault for any damage during shipment is required.

Wine shipments cannot be insured against loss resulting from hot or cold temperatures; we strongly suggest using accelerated shipping methods or delaying shipments until weather conditions are moderate.

Fees
Buyer’s Premium on winning bid is 5%.

Seller’s Commission (if applicable) - CWD’s seller commission is determined by the value of the consignment. For more questions on CWD seller commission, contact an Auction Buyer here.

Listing Fee - There is a $5.00 listing fee for each auction lot, which is subtracted from the seller proceeds as soon as a lot sells.

Shipping – All CWD customers benefit from our greatly reduced shipping rates. Buyers should note that shipping is not included in the winning bid. Sellers will pay for the shipping materials and rates associated with sending their wine to CWD for inspection. Shipping insurance is required for both Buyers and Sellers. NOTE: We make no profit on our shipping rates, passing the savings onto our customers.

Glossary
Automatic Bid: A bid placed on behalf of a bidder in reaction to a competing bid. An automatic bid will only reflect the minimum amount necessary to keep the bidder in the winning position, up to their maximum bid. NOTE: CWD is not offering Automatic bidding.

Below Reserve Offer: An offer extended by the Seller to the highest bidder, whose bid remains below the reserve amount after the auction close. Bidders are under no obligation to accept this offer since their bid did not meet the reserve. Bidders have a 3-day time frame to place their order, or the offer may expire.

Bid Increment: The minimum amount a bidder must raise their bid from the current bid. Bid increments do not grow in amount as the current bid increases.

Buyer’s Premium: A percentage fee charged on top of the winning bid/hammer price.

Consignor: The owner who is transferring property to CWD to sell at auction.

Current Bid: The current winning bid on an auction lot, viewable to the public. The current bid is the basis for the bid increment, which does not change as the current bid increases through the course of an auction period.

Hammer Price: The final and winning bid price that is recorded when the bidding period on an auction lot ends.

Horizontal Lot: An auction lot containing two or more different bottles of wine from the same vintage, usually from the same producer.

Lot: One or more bottles of wine offered for sale at auction as a single unit.

Maximum Bid: The highest amount a bidder is willing to pay for the lot. A bidder’s maximum bid amount is not published. NOTE: CWD is not using an automatic bidding system that will automatically place bids on the behalf of the bidder up to this amount in reaction to competing bids.

Mixed/Tasting Lot: An auction lot containing two or more bottles of wine that are related in some regard, typically vintage, region, producer, etc.

OWC: Original wood case. If an OWC is available as part of an auction lot, it is noted in the lot listing description and shall be generally included in the photo of the lot. Occasionally the original cardboard case is available for wines that come in such packaging. This is noted as “OCB.” For lots that have the original display gift box, this will be noted as a “Gift Box.” OWC boxes will ship separately from the wine to protect the bottles and will be automatically assigned the least expensive shipping option. The Auction Department must be contacted prior to shipping if the buyer does not want to receive the original box.

Provenance: Information about how the seller of the wine has come to own the wine and how it has been stored in their possession.

Reserve: The minimum purchase price that the Seller is willing to accept for the lot. The exact Reserve price may not be published should it differ from the starting bid.

Reserve Not Met: When a bid is placed below the reserve, a message “The product has a reserve price.” may be displayed on the lot. You must raise your bid until this message no longer appears and displays “The product has exceeded the reserve price.” in order to have a winning bid. Sellers do have the option to extend a “Below Reserve Offer” to bidders after the auction period is over should the highest bid remain below the reserve amount.

Second Chance Offer: An offer sent to the second-highest bidder in an auction. This happens if the original winner is unable or unwilling to purchase the lot and the runner-up is given the opportunity to buy the wine. The potential new winner has the option to accept or decline this offer.

Seller’s Commission: A percentage of the Seller’s final auction sale price paid to CWD.

Starting Bid: The opening and lowest acceptable bid for an auction lot. The Starting Bid may also be the reserve price, but not necessarily.

Vertical Lot: An auction lot containing two or more bottles from consecutive vintages of the same wine.

CWD Wine Auctions Terms and Conditions of Auction Sale

This website is owned and operated by CzechWinesDirect.com (“CWD”, “we,” or “our”). “You” or “your” refers to the person or entity that is the seller or buyer of record. Because these terms and conditions may be modified from time to time, it is advised that you read these terms prior to every use.

Please comprehensively read the CWD Auctions Terms and Conditions to ensure that you understand all the terms governing the purchase of all property sold at auction on the CzechWinesDirect.com website before using this website or selling or buying property at auction. To participate in CWD Auctions, both Buyers and Sellers must agree to these Terms & Conditions.

Each bid placed is considered a binding contract to buy if you should win the lot. Therefore, you should only bid on items that you intend to buy. Buyers who retract bids and/or refuse to pay for the wine they have won will be subject to penalties including disqualification from any current and future CWD Wine Auctions.

A buyer’s premium of 5% will be added to the final bid of all auction purchases. Sellers are prohibited from bidding on their own items and/or taking any action to increase the bid on their lot. Sellers who knowingly submit counterfeit wines for auction or misrepresent their items will also be subject to penalty and held liable for any legal action taken in response to such fraudulent activity.

USERS OF THE CWD WEBSITE MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF USE:

THE PROPERTY DESCRIBED ON THIS WEBSITE WILL BE OFFERED AT PUBLIC AUCTION BY CZECHWINESDIRECT.COM AS A SELLER, OR MARKETING AGENT AND AUCTIONEER ON BEHALF OF THE SELLER UNDER THE FOLLOWING TERMS AND CONDITIONS:

NO WARRANTIES ON AUCTION ITEMS
Unless otherwise disclosed, Buyers should expect that all wine at auction has been inspected and pre-approved for label condition, bottle fill level, cork condition, capsule condition, and color by the CWD auctioneer or other qualified CWD employee. EXCEPT FOR SUCH INSPECTION AND PRE-APPROVAL AND EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ALL WINE ISSUED IS SOLD “AS IS.” While every attempt has been made to describe all property at auction as accurately as possible, CWD does not warrant or represent and denies responsibility for, the accuracy of the descriptions, encompassing but not limited to vintage, provenance, authenticity, quality, and condition as may be stated on the site. Any and all statements made relating to the property offered on the site are merely statements of opinion and at no time can be construed as warranties and representations of fact or assumption of any liability on the part of CWD. CWD is the agent of the Seller and is not responsible to you for any breach of contract or other default by any Seller.

RETURNS
Notwithstanding any other provisions of these Terms and Conditions, should CWD receive any written claim within thirty (30) calendar days of the termination of the auction that any property is not of the vintage or from the producer as was represented by CWD, including without limitation that property is counterfeit, or that any property is with a shortage, or otherwise out of condition, or that any statement on the web site is without basis, then CWD will evaluate such claims through inspection of the property or by any other reasonable means, and may refund the purchase price; provided, however, that Buyer directly purchased the property through CWD. At all times the decision of CWD regarding the quality of property returned to CWD under this or any other provision of these Terms and Conditions in CWD’s capacity as the auctioneer will be final and binding on all parties.

The wine industry estimates that between three (3) and seven (7) percent of all wines sealed with natural corks are ruined because of a natural fungus in corkwood that produces the chemical compound trichloroanisole (“TCA”) within the cork. TCA has a distinctive odor resembling moldy newspaper or a damp basement. In almost all cases of “corked” wine, the aroma of the wine is reduced significantly, and a heavily tainted wine is completely undrinkable. Since most of our wine is consigned, and much of it is very rare, we cannot replace wines that have been ruined because of cork taint. WE DO NOT ACCEPT RETURNS OF CORKED WINE NOR DO WE REFUND FOR CORKED WINE.

LIMITATION OF LIABILITY
IN NO EVENT SHALL CZECHWINESDIRECT.COM BE LIABLE FOR ANY LOST REVENUE OR PROFIT, OR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWEVER, CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF CWD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL CWD’S LIABILITY TO YOU, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU IN THE APPLICABLE AUCTION TO WHICH SUCH LIABILITY RELATES. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE TERMS ABOVE MAY NOT BE APPLICABLE TO YOU.

STARTING BIDS & RESERVES
The “Starting Bid” is the agreed-upon opening bid price for an auction lot. At the start of the auction, bidders must place a bid at, or higher, than the Starting Bid. Unless otherwise indicated, auction lots will also include a Reserve. A “Reserve” is the minimum purchase price that the Seller is willing to accept for the lot, however, the exact Reserve will not be published. When auction lots have a Reserve, CWD may exercise its right to bid on the lot until the Reserve is met. Until the Reserve is met, the listing will show the message “The product has a reserve price.”A lot must reach or exceed the reserve in order for it to be eligible for sale to the highest bidder.

BID RETRACTION
If a bidder retracts his or her bid before the end of the auction for any reason, CWD may cancel the lot to be relisted at a later time to avoid any corruption in the bidding process. We reserve the right to prevent the bidder from any future participation in CWD Wine Auctions as a result of bid retraction. Once the auction has ended, the winning bid cannot be retracted. (See “Buyer Liability”).

WINNING BID
The term “winning bid” as used herein shall refer to the highest price at which any lot is bid on before the auction ends. The purchase price due from the Buyer shall be the aggregate of the winning bid and a premium of 5% of the winning bid, and any applicable sales or use tax. The highest acceptable bid received prior to the end of the auction date and time shall be from the Buyer, who will assume full risk and responsibility of the lot.

PLACING ORDER
The Buyer will receive an email notification directly following the auction end time requesting that he or she sign into his or her account and select shipping preferences to complete the order. The Buyer may also choose to keep the lot at our warehouse until more desirable shipping date. See “Shipping” and “Storage” below for more details regarding shipping and storage pricing and time restrictions.

If the Buyer fails to confirm the order within three (3) days, the complete purchase price will be automatically deducted from a valid credit card on file and the auction lot will remain in our warehouse until contacted by the Buyer for shipment. Title to the property will not pass from Seller to Buyer until full payment is received by CWD. No property will be released to the Buyer until CWD receives all applicable state and local taxes or compensating use taxes of another state that CWD may be required by law to collect. Any applicable storage or shipping charges must also be received prior to the release of the property.

BUYER LIABILITY
Should any Buyer fail to fully comply with these Terms and Conditions of Auction Sale, CWD may hold the Buyer liable for the purchase price or resell the property after reasonable notice is given to the Buyer. In the event of non-payment by the Buyer or non-compliance by the Buyer with these Terms and Conditions of Auction Sale, CWD reserves the right to take any and all appropriate or necessary actions including, without limitation, canceling or rescinding the transaction, reporting the defaulting Buyer to an appropriate credit reporting agency, charging the Buyer’s credit card for CWD’s fees and expenses incurred in connection with the non-compliance (including the costs of the transaction itself), turning any amounts due and owing over to a commercial collection agency and/or taking any other action permitted by law. In no event shall CWD be liable for any incidental or consequential damages to Buyer.

SECOND CHANCE OFFER
If CWD is unable to complete the sale with the original winning bidder, the second-highest bidder may be notified that he or she has the opportunity to buy the item at a price equal to his or her last bid amount (“second chance offer”). The second chance offer lasts for three (3) days before the offer expires and the next highest bidder is notified. The second chance offer will never be automatically charged to the bidder’s credit card without his or her written consent.

SHIPMENT OF AUCTION LOTS
All purchased auction items will be shipped to the Buyer from our California warehouse after receiving payment for the purchase price and prepaid shipping charges. The buyer will have an opportunity to select his or her shipping preferences, provided the requested shipping address is within a state that allows the Buyer to import alcohol directly. If a customer lives in a state where the importation of wine by a consumer may be questionable because of any state law or regulation, we require 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. We require the Buyer to purchase shipping insurance for a nominal fee at the time of shipment.

Unless you live on the West Coast, we strongly discourage you from selecting “Ground Service” as your shipping method. During the winter and summer months, weather conditions (temperature) and longer delivery times can often result in the spoilage of your order. CWD does not make any additional profit on accelerated delivery, but we frequently recommend faster shipping options to our customers outside the West Coast.

Currently, we cannot accept online orders for shipments going outside of the continental United States of America but we may find a solution to help you out. Contact us here for more info.

Since the sale of the wine between Seller and Buyer takes place at the CWD California facility, the Buyer becomes the owner of the wine at the time of final payment and in California.

Special Note: Though every effort is made to describe or measure the levels of older vintages, corks more than twenty (20) years old begin to lose their elasticity and levels can change between cataloging and sale. Old corks occasionally fail during or after shipment. Buyers must understand that there is always a risk of cork failure with old wines. UNDER NO CIRCUMSTANCES CAN AN ADJUSTMENT OF PRICE OR CREDIT BE MADE AFTER DELIVERY IF THE PRODUCT HAS BEEN AFFECTED BY CORK FAILURE.

STORAGE
CWD will hold purchased auction lots for up to ten (10) days, after which time, CWD reserves the right to charge the Buyer storage fees without his or her consent.

CWD operates temperature-controlled storage available in our California warehouse for sixty dollars ($60) per month. Storage is identical in size and holds five (5) cases in wood or five (5) cases in cardboard. If you are interested in securing storage to store your auction items, please contact us.

LIABILITY FOR LOSS WHILE AUCTION LOT ITEMS ARE IN CWD'S CUSTODY
CWD assumes no responsibility for loss or damage to auction lot items, except for loss or damage arising from the gross negligence or intentional misconduct of CWD, its agents, or employees, arising from the handling, storage, and/or shipping of such items after delivery of possession or custody to CWD. CWD makes no representation that it will acquire or maintain insurance coverage for any loss or damage arising from or during CWD’s handling, storage, and/or shipping of auction lot items. We strongly encourage you to acquire and maintain adequate and appropriate insurance for such purposes. When the auction lot items are either shipped to the Buyer or returned to the Seller, CWD assumes no responsibility for the shipment. Wine shipments cannot be insured against loss resulting from hot or cold temperatures; we strongly suggest using accelerated shipping methods or delaying shipments until weather conditions are moderate.

CURRENCY
All CWD auctions are conducted in U.S. Dollars ($USD). The credit card of each winning bidder will be charged in U.S. Dollars ($USD) for the winning bid, shipping cost, and all applicable fees. The actual amount to be paid in your home currency will be determined by the exchange rate used by your credit card company when you are actually charged.

INSPECTION GUIDELINES
The level of wine in the bottle is an important influence on the quality of the wine. Appearance designations cover the level of wine in the bottle, condition of the capsule, label, strip label, and color of the wine. Every bottle is closely inspected by CWD and is assessed as precisely as possible. The notation "OWC" means the original wooden case, and "OCB" means the original cardboard box.

LOT RETRACTION BY SELLER
In an auction with Reserve, the Seller may withdraw his or her lot at any time until the reserve is met or if the lot is listed with incorrect details about the wine.

SELLER REPRESENTATIONS AND WARRANTIES
Seller represents and warrants that Seller has the right, title, and authority to sell the property, and that property sold by Seller is free and clear of all liens, claims, and encumbrances of any type or kind at the time any bid is accepted and at all times thereafter until the title has transferred.

INDEMNIFICATION
You agree to indemnify and hold harmless CWD and all of its officers, directors, owners, shareholders, trustees, partners, members, employees, agents, successors and assigns any and all claims, actions, damages, fines, penalties, liabilities, losses, costs, and expenses (including without limitation reasonable attorney’s fees) arising out of, relating to or in connection with: (i) your use of the CWD website or CWD services; (ii) your purchase of property at any CWD Wine Auction; (iii) shipment of any property under these Terms and Conditions; (iv) any claims brought or asserted by any third party claiming title to the property bought or sold by you at any CWD Wine Auction; or (v) any error, misdescription or omission, or any breach of any representation or warranty, by the Seller in connection with any property sold through CWD Wine Auctions. Without limiting the foregoing, in the event of any return of property by the Buyer to CWD pursuant to these Terms and Conditions, the Seller shall be obligated to remit to CWD the price paid by the Buyer and refund by CWD to the Buyer for such property.

WAIVER
No inaction, delay, or failure by CWD to enforce the provisions of these Terms and Conditions shall be construed as a waiver of its right hereunder. No waiver by CWD in any instance or at any time of any of its rights, including without limitation its rights under these Terms and Conditions, shall preclude or stop CWD from invoking such right in any other instance at any other time.

SEVERABILITY
If any part of these Terms and Conditions is deemed invalid or unenforceable, the remainder shall remain in full force and effect.

PRIVACY AND SECURITY OF PERSONAL INFORMATION
These terms and conditions include the terms of use of our privacy policy, which can be found here, and which is hereby incorporated by reference. We reserve the right to revise the privacy policy from time to time and advise you to check the policy before each use.

CWD is committed to safeguarding the personal information entrusted to us by our users. Policies concerning the use and disclosure of any personal information are governed by CWD’s privacy policy.

DISPUTE RESOLUTION
California law governs these Terms and Conditions. In the event of any dispute related to any subject of these Terms and Conditions or the CWD Wine Auctions, you agree that the same shall be resolved by arbitration in Chatsworth, CA in accordance with the Comprehensive Rules and Procedures of JAMS Arbitration, Mediation, and ADR Services (www.jamsadr.com) or its successor then in effect, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The decision of the arbitrator shall be final and binding on the parties. The arbitrators are not empowered to award damages in excess of compensatory damages but shall include in the final award an allocation of attorneys’ fees, costs, and expenses incurred in the arbitration, whether or not such fees, costs, and expenses would otherwise be recoverable under applicable statutes and rules of court. The arbitrator shall render the award in writing, explaining the factual and legal basis for the decision as to each of the principal controverted issues. The parties and each of them expressly agree that any petition to confirm, modify or enforce the arbitral award, other than for non-payment of goods sold and delivered, shall be resolved in a State or Federal Court of competent jurisdiction in Chatsworth, CA, to which jurisdiction the parties hereby submit.

Affiliate Terms & Conditions

THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “YOURS”), AND CZECHWINESDIRECT.COM (“CWD”, “WE”, “US”, OR “OUR”). BY CLICKING ON THE BOX AT THE END OF THE AFFILIATE TERMS AND CONDITIONS (“AFFILIATE TERMS”) YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THESE AFFILIATE TERMS AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN.

Any version of these Affiliate Terms in a language other than English is provided for convenience and You understand and agree that the English language is used if there is any conflict.

Overview
These Affiliate Terms contain the complete terms and conditions that apply to You when becoming an affiliate in the CzechWinesDirect.com affiliate program (the “Affiliate Program”). The purpose of these Affiliate Terms is to allow You to make affiliate commissions through sales generated from Your website, blog, social media, email marketing, newsletter, or any other means of online marketing tools to Our Services in the manner set forth herein.

Enrollment in the Affiliate Program
(1) Application Completion. If You have not already done so, You need to complete an application to the Affiliate Program (the “Application”). You need to identify Your online marketing tools and describe how You plan to promote CWD Services and provide certain contact information. The Application can be found at https://czechwinesdirect.com/affiliate-dashboard/.

(2) Acceptance of Your Application. If we choose to accept Your Application, You will receive an email notification confirming that Your Application has been approved. You understand and agree that We may accept or reject Your Application at Our sole discretion. Your Application will be rejected if any of the information You provide is incorrect or incomplete, if You infringe on Our or anyone else’s intellectual property, publicity, privacy, or other rights, violate any law, rule, or regulation, contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials, contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information, contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.

(3) Access to Our Affiliate Program. If We have accepted Your Application, We will send You a welcome email with Your login details so that You may enter Our secure affiliate center. From this center, You will be able to obtain Promotional Materials and qualifying links as well as access Your reports which will describe Our calculation of the affiliate commissions due to You. It is Your responsibility to keep Your username and password information secure. For purposes of clarity, promotional materials are defined as banners, text links, article copy, and access to data feeds.

(4) You will ensure that Your information including Your email address is at all times complete, accurate, and up-to-date. We may send communications to the email address associated with Your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with Your account is no longer current.

(5) You must be in good standing with the Federal Trade Commission (the “FTC”) and compliance with all FTC guidelines. As an Affiliate, You also understand and agree that You have read and fully agree to the terms listed on the Official FTC Website. Specific requirements and examples for CWD Affiliates can be found here.

Specific Obligations of Affiliates
As a member of Our Affiliate Program, You represent, warrant, and covenant that You will:

(1) Link to Our Services. You will implement the links, banners, and other means of linking Your website and/or other online platforms You use to market Our product or services to Our Services (collectively, “Referral Links”) pursuant to the referral specifications set forth on the Affiliate Program. On this page You will be able to download certain technical materials, including links, HTML code, banner ads, copy and other content, and any documentation for the foregoing (collectively, “Referral Materials”). When Our customers click through the Referral Links to purchase an item on the CWD site, You can receive commissions for qualifying individual marketplace transaction purchases as described in Affiliate Commissions.

(2) Maintain Your Site: The maintenance and the updating of Your website and/or other online platforms You use to market Our product or services will be Your responsibility. CWD will notify You via email of any changes to these Terms and Our Referral Materials. However, as a member of Our Affiliate Program and because Our information is updated often, it will be necessary for You to update the Referral Materials on Your website and/or other online platforms You use to market Our product or services to maintain consistency and accuracy between Our Services and the Referral Specifications.

(3) Follow and Comply with All Copyright Laws: It is entirely Your responsibility to follow and comply with all applicable copyright and other laws that pertain to Your websites and/or other online platforms You use to market Our product or services. CWD will not be responsible if You use another person's copyrighted material in violation of the law.

(4) Not to solicit Our vendors & other affiliates: As a member of Our Affiliate Program, You agree not to directly or indirectly, for Yourself or on behalf of another, solicit business away from, or solicit, induce, influence, or encourage any of Our vendors & other affiliates to upload their CWD Materials(s) on Your websites and/or other online platforms, or otherwise alter, terminate or breach their contractual or other business relationship with Us.

Affiliate Responsibilities
As a member of Our Affiliate Program, You understand and agree that:

(1) We Can Monitor Your Site and/or other online platforms: You hereby give Us the right to monitor Your websites and/or other online platforms You use to market Our product or services at any time to determine if You are following these Affiliate Terms, and to notify You of any changes We feel You should make to remain in compliance. Further, You must comply with any requests we make for You to take down specific content from Your websites and/or other online platforms You use to market Our product or services. Failure to comply is a violation of these Terms and grounds for termination of Your affiliate status.

(2) We Determine the Policies for Referred Customers: Persons who become customers of Our Services through referrals made in the Affiliate Program will be considered Our customers, at Our sole discretion. All Our terms, rules, policies, and operating procedures that apply to Our Users will apply to such referred customers. We may change Our terms, rules, policies, and operating procedures at any time, as further described in Our Terms of Use and Our other terms as We may post from time to time.

(3) You will not promote CWD through paid advertising or media buying that leads directly to the CWD website (www.czechwinesdirect.com). You will not bid on CWD-branded keywords as an affiliate. This applies to all advertising platforms and all affiliates unless direct approval from CWD is granted.

(4) You will not use Our company name or variations of Our company name in Your Domain Names or Social Media pages or other online platforms You use to market Our product or services: You may not register or purchase domain names that include Our company’s name or any misspellings or variations of Our company name to run promotions as an affiliate. Additionally, You may not include Our Company name, variations of Our company name, or the look and feel of Our own social media pages on any social media pages, or other online platforms You use to market Our product or services (i.e. Facebook Fan Page) where You run promotions as an affiliate.

(5) You will be Responsible for Your website and/or other online platforms You use to market Our product or services content: You may not promote Our content and Our products or services on a website or other online platforms You use to market Our product or services that contains any form of misleading, defamatory, obscene, illegal, bigoted, or any other content deemed offensive by Us. Infringe on Our or anyone else’s intellectual property, publicity, privacy, or other rights, violate any law, rule, or regulation, contain any content that is threatening, harassing, defamatory, harmful to minors, or contains nudity, pornography, or sexually explicit materials, contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information, contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.

(6) You will not promote using cookie-stuffing: You may not use cookie stuffing techniques or click-generators that set the tracking cookie without the user actually clicking on the Referral Link. You will not artificially generate clicks or impressions on Your sites and/or other online platforms You use to market Our product or services or create visits on the CWD site, whether by way of a robot or software program or otherwise.

(7) You will not mimic Our media and content: Publishers must make sure that his or her media does not copy or resemble the look and feel of the CWD website or create the impression that Your media is part of Our company's website. You also understand that using the language found on Our pages verbatim is not allowed unless it is to describe the content found on any given product or service landing page.

(8) You will be Responsible for Your use of content found on Our Site. You may create Your own promotional materials using pages from Our site as a reference. You may also use product or service images and part of the text on Our pages to promote the products accurately on Your site. However, You may NOT download, copy, or use any video content (free or paid), supplementary materials (PDFs, articles, or extra material), or product descriptions and upload them on Your own site(s) without Our consent. You must request such in writing. Violation of this provision may result in the immediate termination of Your affiliate account.

(9) You will not use spyware, malware, virus, and the like: You may not include on Your site, display, or otherwise use Referral Links or other Content that uses any spyware, malware, virus, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic devices. Using redirects to bounce a click off of a domain from which the click did not originate to give the appearance that it came from that domain (also known as cloaking) is prohibited. If You are found redirecting links to hide or manipulate their original source, Your current and past commissions will be voided or Your affiliate will be immediately terminated. This does not include using “out” redirects from the same domain where the affiliate link is placed.

(10) You will be open and honest about Your relationship with Us: You may not misrepresent or embellish the relationship between You and CWD or imply any relationship or affiliation between You and CWD or any other person or entity except as expressly permitted by this affiliate Agreement. You may not represent Yourself as an agent or employee of CWD or represent that You have the authority to bind CWD to a contract.

(11) You cannot utilize a browser extension to promote CWD or CWD products or services without direct approval from CWD. All coupon codes available in the extension must be approved by CWD. You also understand and agree that Your browser extension cannot allow users to upload new coupons into the extension's feed.

(12) Our site may contain paid and free options. You will not earn commissions for free products or services, courses, instructions, etc. Any customer You refer to Us who subsequently enrolls in a free product or service or uses a 'free promo code' to get a paid product or service for free will not be eligible to earn You a commission and that particular sale will not appear on Your affiliate account. We will terminate the account of Affiliates who only promote free products or services, or Affiliates who promote primarily free products or services.

(13) You will be mindful of who You do business with: You may not use marketing practices that attract fake customers. We, in Our sole discretion, will determine whether someone is a fake customer.

(14) You will ensure Your sub-affiliates follow all of Our terms: You have the right to work with a sub-affiliate network so long as Your sub-affiliates follow Our Affiliate Terms. You understand that You are responsible for Your sub-affiliate’s compliance with these terms and that non-compliance by any of Your sub-affiliates may result in the termination of Your affiliate account.

(15) For CWD employees who are also CWD Affiliates: You will make it clear You are a CWD employee when promoting CWD as an affiliate. As a CWD employee, You agree to clearly state in all promotional posts or promotions containing CWD affiliate links that Your employee and affiliate relationship with CWD via a disclaimer. Specific requirements and examples for CWD Affiliates who are also CWD employees can be found here.

(16) Coupon Guidelines - If You are enrolled in Our Program and Your Website promotes coupon codes, You must adhere to Our Coupon Guidelines as follows:
(a) You may ONLY advertise coupon codes that are provided to You through the affiliate program.
(b) Posting any information about how to work around the requirements of a coupon/promotion (i.e. first-time customers only) will result in removal from the affiliate program.
(c) Coupons must be displayed in their entirety with the full offer, valid expiration date, and code.
(d) You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
(e) You may NOT advertise coupon codes obtained from Our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
(f) You may NOT give the appearance that any ongoing offer requires clicking from Your website in order to redeem. For example, if all items on the site have free shipping over $50, You may not turn this into an offer that infers that the customer must click from Your site to get this deal.
(g) Additionally if Your website ranks on the first page of any search engine for terms related to Our website or company name(s) combined with the words coupon, coupons, coupon code, promo code, etc., and/or Your conversion rate exceeds 5%, You may be offered a lower commission than Our standard rate to offset the reduced profitability of orders.

(17) Advertising & Publicity
You shall not create, publish, distribute, or print any written material that refers to Our Program without first submitting that material to us and receiving Our prior written consent. If You intend to promote Our Program via e-mail campaigns, You must adhere to the following:
(a) Abide by the CAN-SPAM Act of 2003 (Public Law No. 108-187) concerning Our Program.
(b) E-mail must be sent on Your behalf and must not imply that the e-mail is being sent on behalf of us.
(c) E-mails must first be submitted to us for approval before being sent or we must be sent a copy of the e-mail.

(18) Social Media
Promotion on Facebook, Twitter, Instagram, YouTube, and other social media platforms is permitted following these general guidelines:
(a) You ARE allowed to promote offers to Your own lists; more specifically, You’re welcome to use Your affiliate links on Your own Facebook, Twitter, etc. pages. For example, You may post, “10% off sale at CzechWinesDirect.com through Wednesday with code GET10”.
(b) You ARE PROHIBITED from posting Your affiliate links on Our Facebook, Twitter, Pinterest, etc. accounts or company pages in an attempt to turn those links into affiliate sales.
(c) You ARE PROHIBITED from running Facebook or other social media site ads with Our trademarked company name.
(d) You ARE PROHIBITED from creating a social media account that includes Our trademark/s in the page name and/or username.

(19) Operations outside the United States
If You are conducting business in other countries besides the United States, You will follow the laws of those countries. For example, You will comply with the European Union’s Privacy and Electronic Communications Directive, as well as the General Data Protection Regulation (GDPR), if You are conducting business in one or more of the European Union countries.

These Affiliate Terms will begin and become effective upon Our acceptance of Your Application.

Affiliate Commissions
(a) Eligibility: Except in jurisdictions in which such a transaction is not permitted, You are eligible to earn affiliate commissions through Referrals (as defined in section (b) below) during the term of these Affiliate Terms, according to the calculation described below.
(b) Amount due: The exact amount of affiliate commissions due to You in any given quarter will be calculated in the following manner:
The affiliate commission is set up in the offers available to You in Your Affiliate account. A “Referral” is a paying customer that You refer from Your website or other online platforms You use to market Our product or services to Our website using the Referral Materials in accordance with the Referral Specifications. Acceptance of a Referral as a User of Our Services shall be at Our sole discretion.
(c) Payment of affiliate commissions will be made on a monthly basis. Payments are disbursed according to the payment method You have selected in Your affiliate account. If Your account is terminated due to a violation of these Affiliate Terms, We reserve the right to withhold all future payments owed to You.
(d) Affiliate payments are sent to You using the CWD affiliate network payment system. CWD may select the right not to send payment directly to any affiliates. Affiliates are responsible for making sure they are able to accept payments from CWD's affiliate network.
(e) Affiliates are responsible for any and all charges, fees, taxes, exchange rates, surcharges, and other expenses incurred in order to receive affiliate payments. Please check with Your receiving banking institution, business, or tax advisor to find out if any of these apply to Your account.
(f) If We determine that payment of affiliate commissions to You in any jurisdiction is illegal under any laws, then We may reserve the right to not pay affiliate commissions for any sales made in that jurisdiction.
(g) We may withhold Your final payment for a reasonable time to ensure that the correct amount is paid to You.
(h) If at any time there has been no substantial activity on Your account for six (6) months, then we will have the right to withhold any accrued fee. Further, any unpaid fees in Your account may be subject to escheatment under applicable law.

Licenses
(a) You hereby grant Us a non-exclusive, non-transferable, revocable right to use Your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner of Our rights under these Affiliate Terms. However, We are under no obligation to advertise, market, promote, or publicize You or Your business.
(b) We both agree not to use the other's proprietary materials in any manner that is disparaging or that otherwise portrays the other in a negative light. We each reserve all of Our respective rights in the proprietary materials covered by this license. Either one of us may revoke this license at any time by giving the other written notice ending Our engagement under these Affiliate Terms and Your Affiliate status. Other than the license granted in these Affiliate Terms, we each retain all right, title, and interest to Our respective rights, and no right, title, or interest is transferred to the other.

Disclaimer
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING CWD. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE AFFILIATE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE AFFILIATE TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE AFFILIATE TERMS, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAID TO YOU UNDER THESE AFFILIATE TERMS.

Indemnification
You agree to indemnify and hold harmless CWD and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from Your breach of these Affiliate Terms. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' or arbitrator’s fees and costs awarded against or otherwise incurred by Us in connection with or arising from any such claim, suit, action, or proceeding. You further agree to DISPUTE RESOLUTION as stated in Our Terms and Conditions here.

Termination
CWD or You can Each End Our Engagement Under these Affiliate Terms: Either Us or You may end these Affiliate Terms AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be only in the form of mail or email.

Modification
From time to time, We may update these Terms to clarify Our practices or to reflect new or different practices, for example, We may change the scope of Referral Fees, payment procedures, Affiliate Program rules, Referral Specifications or Referral Materials, and CWD reserves the right in its sole discretion to modify and/or make changes to these Affiliate Terms at any time, at Our sole discretion. If We make any material change to these Affiliate Terms, You will automatically receive an email notifying You that changes were made and prompting You to agree to Our new Affiliate Terms. Modifications will become effective on the day they are posted unless stated otherwise. If any modification is unacceptable to You, Your only option is to end Your participation in the Affiliates Program by removing Your account. Your continued access to Our platform will be contingent on Your acceptance of Our updated Affiliate Terms. You should visit the Services regularly to ensure You are aware of any changes to the Affiliate Terms, as any revised Affiliate Terms shall supersede all previous Affiliate Terms.

Miscellaneous
(a) You represent and warrant to Us that:
(i) These Affiliate Terms constitute Your legal, valid, and binding obligation, enforceable against You in accordance with the terms and conditions set forth herein;
(ii) You have the full right, power, and authority to accept and be bound by these Affiliate Terms and to perform Your obligations under these Affiliate Terms, without the approval or consent of any other party;
(iii) You have sufficient right, title, and interest in and to the rights granted to Us in these Affiliate Terms; and,
(iv) YOU ARE 21 YEARS OF AGE OR OLDER AND YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THESE AFFILIATE TERMS PRIOR TO ACCEPTING THESE AFFILIATE TERMS.
(b) Independent Contractors. Each of us shall be deemed to be an independent contractor with respect to the subject matter of these Affiliate Terms, and nothing contained in these Affiliate Terms shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship. You will not make any statement, whether on Your site or otherwise, that contradicts or may contract anything in this paragraph.
(c) Assignability. You may not assign Your rights or obligations under these Affiliate Terms to any party, and any attempt to do so will be void and without effect. We are free to assign these Affiliate Terms.
(d) Governing Laws. These Affiliate Terms shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of California. Any dispute that may arise in connection with these Affiliate Terms shall be resolved in accordance with Our Terms of Use.
(e) You may not amend or waive any provision of these Affiliate Terms unless in writing and signed by both of us.
(f) Entire Agreement. These Affiliate Terms represent the entire agreement between Us and You and shall supersede all prior agreements and communications between us, oral or written.
(g) Headings and Titles. The headings and titles contained in these Affiliate Terms are included for convenience only, and shall not limit or otherwise affect the terms herein.
(h) Severability. If any provision of these Affiliate Terms is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the both of us is effectuated, and the remainder of these Affiliate Terms shall have full force and effect.

Please feel free to contact us if you have additional questions.