Terms of Service

1.1 In these Terms, unless the context otherwise requires, the following defined terms have the meanings set out below:

"Account" means a registered user account on the Platform.

"Bid" means an offer submitted by a Bidder to purchase a Lot at a stated price through an Auction or a Limited Offer, including a Proxy Bid.

"Bidder" means a registered User who submits a Bid.

"Business Day" means a day (other than a Saturday, Sunday or public holiday) on which licensed banks are generally open for business in the Hong Kong SAR.

"Buyer" means a User who has agreed to purchase a Lot through an Auction, a Buy Now sale, or a Limited Offer.

"Buy Now" means a fixed-price sale type by which a Lot may be purchased immediately at the stated price without bidding.

"HK$" or "HK Dollars" means the lawful currency of the Hong Kong SAR.

"Hong Kong SAR" means the Hong Kong Special Administrative Region of the People's Republic of China.

"Limited Offer" means a sale type by which a Lot is offered for sale by competitive bidding for a limited period, with the Lot awarded to the highest qualifying Bid at the close of the offer period.

"Lot" means an item of wine, or a group of items of wine offered together as a single unit, listed for sale on the Platform.

"Merchant" means a licensed wine merchant who consigns Lot(s) to Silva for sale, warrants their authenticity and provenance to Silva, and may pack and dispatch them to the Buyer on Silva's behalf.

"Payment Processor" means the PCI-compliant third-party payment service provider engaged by Silva to process card and saved payment method transactions.

"Platform" means the website at www.silvawines.com and the services made available through it.

"Private Collector" means a private wine collector who consigns Lot(s) to Silva for sale and warrants their authenticity and provenance to Silva; Silva arranges the logistics for such Lots.

"Proxy Bid" (also a "Maximum Bid") means an instruction to the Platform to bid automatically on a Bidder's behalf up to a stated maximum amount.

"Seller" means Silva, which sells every Lot in its own name as seller of record.

"Consignor" means the Merchant or Private Collector who supplied the Lot.

"Silva", "we", "us" or "our" means Silva Wine Auctions Limited (菁蔓葡萄酒拍賣有限公司), a company incorporated in the Hong Kong SAR, whose registered office is at Unit 1104A, 11/F, Kai Tak Commercial Building, 317-319 Des Voeux Road Central, Hong Kong.

"User", "you" or "your" means any person who accesses or uses the Platform.

1.2 In these Terms: (a) headings are for convenience only and do not affect interpretation; (b) the singular includes the plural and vice versa; (c) a reference to a "person" includes a natural person, company, or other body corporate; (d) "including", "includes" and "in particular" are illustrative and do not limit the sense of the words preceding them; and (e) a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

2.1 By accessing or using the Platform you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Platform.

2.2 These Terms apply to all Users, whether browsing, bidding, or purchasing, and constitute a legally binding agreement between you and Silva.

2.3 These Terms should be read together with any other policies or rules published on the Platform, including the Privacy Policy referred to in clause 18, which are incorporated into these Terms by reference.

3.1 You must be at least 18 years of age to register an Account, place a Bid, or purchase a Lot. Under the laws of the Hong Kong SAR, it is an offence to buy or supply intoxicating liquor to a person under the age of 18.

3.2 By registering an Account or placing a Bid, you represent and warrant that you are at least 18 years of age, that you have the legal capacity to enter into a binding contract, and that all information you provide is true, accurate and complete.

3.3 Silva may at any time require you to provide proof of age or identity, and may suspend or terminate your Account or cancel any transaction if it reasonably believes you do not meet the eligibility requirements.

3.4 The Platform is intended for Users in the Hong Kong SAR. You are responsible for ensuring that your use of the Platform, and your purchase, receipt and possession of wine, are lawful in your jurisdiction.

4.1 Browsing the Platform is open to all Users. You must register an Account in order to place a Bid or complete a purchase.

4.2 At launch, there is no manual approval of Bidders; an Account may bid once registered. Silva reserves the right to introduce approval, verification, or bidding limits at any time.

4.3 You are responsible for maintaining the confidentiality of your Account login credentials and for all activity that occurs under your Account. You must notify us promptly at sales@silvawines.com if you suspect any unauthorised use of your Account.

4.4 You agree to keep your Account information, including your contact and payment details, current and accurate.

4.5 Silva may suspend, restrict or terminate your Account if you breach these Terms, if required by law, or if it reasonably considers it necessary to protect the Platform, other Users, or Consignors.

5.1 Silva sells every Lot to the Buyer. Lots are supplied to Silva on consignment by: (a) licensed wine merchants, which warrant their Lots to Silva and may retain custody to pack and dispatch on Silva's behalf; and (b) private collectors, which warrant their Lots to Silva and for whose Lots Silva arranges logistics.

5.2 Silva sells every Lot in its own name as the seller of record. Lots are supplied to Silva on consignment by Merchants and Private Collectors (Consignors); Silva's contract of sale is with you, and Silva is responsible to you for it.

5.3 The contract of sale for every Lot is formed between you and Silva. A Consignor supplies the Lot and may perform fulfilment for Silva, but is not a party to that contract.

5.4 Silva holds consigned Lots for sale and passes title to you on payment. Where a Merchant retains physical custody of a Lot until sale, it holds and dispatches that Lot for Silva; this does not change Silva's responsibility to you.

6.1 The Platform offers three sale types: (a) weekly Auctions (clause 7); (b) fixed-price Buy Now sales (clause 8); and (c) Limited Offers (clause 8). The applicable sale type is stated in each listing.

7.1 Starting bid. Each Lot in an Auction is listed with a low starting bid.

7.2 Proxy and maximum bids. A Bidder may submit a Proxy Bid (Maximum Bid) by stating the maximum amount they are willing to pay. The Platform will then bid automatically on the Bidder's behalf, in the minimum increments required, up to that maximum, in order to keep the Bidder as the leading Bidder without exceeding their stated maximum.

7.3 Binding bids. Every Bid is final and legally binding when submitted. Bids cannot be retracted, cancelled, altered or withdrawn. By submitting a Bid you make a binding commitment to purchase the Lot at your Bid price if you are the winning Bidder and the sale is confirmed under clause 7.5. You should bid only after satisfying yourself as to the Lot and these Terms.

7.4 Anti-snipe extension. If a Bid is placed during the final 5 minutes before an Auction's scheduled close, the closing time for that Lot will be extended to allow other Bidders to respond. Successive qualifying Bids may trigger further extensions, up to a maximum of 15 minutes of additional time beyond the originally scheduled close.

7.5 Winning, confirmation and invoice. The winning Bidder is the Bidder with the highest Bid at the close of the Auction. A sale is concluded only when Silva confirms it; Silva may in its discretion decline to conclude a sale or withdraw a Lot, and an unsold Lot may be relisted. On confirmation of the sale, Silva will issue an invoice to the winning Bidder by email and will process payment in accordance with clause 10. A delivery fee may be added as described in clause 11.

8.1 A Buy Now Lot may be purchased immediately at the stated fixed price. A binding contract of sale is formed when you complete the Buy Now purchase.

8.2 A Limited Offer is a sale by competitive bidding conducted for a limited period. During the offer period, Bidders place Bids on the Lot in the same way as in an Auction, and at the close of the offer period the Lot may be awarded to the highest qualifying Bidder, subject to confirmation by Silva under clause 7.5. The winning Bidder pays the final Bid. Availability is not guaranteed and an offer may end at any time.

8.3 Clauses 9 (pricing), 10 (payment), 11 (delivery), 12 (binding transactions) and 13 (condition, authenticity and inspection) apply to Buy Now sales and Limited Offers as they apply to Auctions, with any necessary changes.

9.1 All prices on the Platform are stated in HK Dollars.

9.2 Price payable. The price a Buyer pays is the winning Bid (in an Auction or a Limited Offer) or the Buy Now price, plus any applicable delivery fee and any applicable taxes or duties.

9.3 Consignor remuneration. Consignors remunerate Silva under separate agreements between Silva and each Consignor. Those arrangements are matters between Silva and the relevant Consignor and do not affect the price payable by the Buyer.

9.4 Prices displayed are exclusive of delivery fees unless otherwise stated. You are responsible for any taxes, duties or levies that may apply to your purchase.

10.1 Payment methods. Silva accepts payment by credit card and saved payment methods, processed through a PCI-compliant Payment Processor (Stripe). Silva does not store raw card details; card data is handled by the Payment Processor.

10.2 Payment on close. After an Auction or a Limited Offer closes, Silva will confirm the win by email and automatically charge the winning Bidder's saved payment method for the full amount due, including delivery. Only a saved credit card is required before bidding. If delivery details are missing or invalid, the win remains reserved while the Buyer completes them in the order; automatic collection waits until the delivery fee and full total are confirmed. For Buy Now sales, payment is taken at the time of purchase.

10.3 Card-only bidding. No deposit required. Save a credit card to bid. Your card is charged only if you win. By saving a card and bidding, you agree to automatic collection of the full amount due if you win. Placing or increasing a Bid does not create a monetary hold, regardless of your customer history or Bid value. Your issuer may perform card verification or require authentication when saving a card or completing payment.

10.4 Historical authorizations. Holds created under the previous bidding policy remain subject to reconciliation, capture for an unpaid winning order, or release. They will not be increased or replaced by a new Bid. The timing of a confirmed release appearing on your statement is determined by your card provider.

競投及付款說明：競投前只需儲存信用卡。如成功投得時送貨資料尚未填寫或無效，拍品將為您預留，請於訂單內補填；送貨費及全部應付金額確認後，系統才會自動扣款。無需按金。請先儲存信用卡以參與競投。只有成功投得拍品，您的信用卡才會被扣款。儲存信用卡並參與競投，即表示您同意成功投得後自動扣取全部應付金額（包括適用的送貨費）。出價或提高最高出價不會產生款項預留，不論客戶交易紀錄或出價金額。發卡機構可能在儲存信用卡或付款時驗證信用卡或要求身份認證。舊競投政策下已建立的預授權將另行核對、扣取未付款中標訂單的應付款項或解除；新出價不會增加或取代舊預授權。如自動付款失敗，您須於付款失敗起計48小時內更新付款方式並完成付款；Silva 將以電郵通知。如未於期限內付款，Silva 可取消交易及重新上架拍品。

10.5 Failed payment. If automatic payment on a winning Bid or purchase fails, you will have 48 hours from the time that payment fails to update your payment method and complete payment; Silva will email you when this happens. If payment is not completed within that period, Silva may cancel the transaction, re-offer the Lot, suspend or terminate your Account, and recover any resulting costs. Failure to pay does not release you from your binding commitment under clause 12.

11.1 Silva arranges delivery of every Lot within Hong Kong. Silva may have the Consignor pack and dispatch the Lot on its behalf; dispatch is within 5 Business Days of a completed, paid sale.

11.2 Risk in transit stays with Silva until the Lot is delivered to you.

11.3 A delivery fee may apply and, where it does, will be added to the invoice or shown at checkout. Delivery timescales are estimates and are not guaranteed. Delivery is available within the Hong Kong SAR only; certain locations (including outlying islands and premises without practicable vehicle or lift access) may be unavailable for delivery or may attract an additional charge, as shown at checkout or advised before dispatch. Deliveries may be suspended or rescheduled while Typhoon Signal No. 8 or above or a Black Rainstorm Warning is in force, or in other severe weather or unsafe conditions.

11.4 You must provide a complete and accurate delivery address and ensure that a person aged at least 18 is available to receive the Lot. Delivery of alcohol may require verification of age on receipt.

11.5 If a delivery cannot be completed because the delivery address provided was incomplete or inaccurate, or because no eligible person was available to receive the Lot at the agreed time, a further delivery fee may be charged for each subsequent delivery attempt.

11.6 If delivery of a Lot cannot be completed within fourteen (14) days of the first attempted delivery for reasons not attributable to Silva or a person acting on Silva's behalf, Silva may store the Lot, or arrange for its storage, at the Buyer's cost. If delivery remains impossible for a further sixty (60) days after Silva gives the Buyer written notice, Silva may resell or otherwise dispose of the Lot and, after deducting outstanding delivery, storage and sale costs, will refund any remaining balance of the amount paid to the Buyer.

11.7 Inspection on delivery. You (or the person receiving the Lot on your behalf) must examine the Lot at the time of delivery to verify that the products and quantities are correct and to check for any visible damage, breakage or missing items. Any such issue must be reported at the time of delivery: note it with the delivery person before signing for or accepting the delivery, and notify Silva in accordance with clause 17.2. If you accept and sign for a delivery without reporting a visible issue, any later claim for visible damage, breakage or missing items may be declined.

12.1 All Bids and purchases are final and binding. A Bid cannot be retracted, cancelled or withdrawn once submitted, and a Buy Now or Limited Offer purchase cannot be reversed once completed, except as required by applicable law or as expressly permitted by these Terms.

12.2 If you are the winning Bidder, or you complete a Buy Now or Limited Offer purchase, you are obliged to pay the full amount due. Silva may pursue payment and any associated costs, and may suspend or terminate the Account of a User who fails to honour a binding transaction.

12.3 Errors and malfunctions. Notwithstanding clauses 7.3 and 12.1, if a Lot is listed with a material error (including an error in its price, description or images), or a Bid, sale or price is affected by a technical error or malfunction of the Platform, Silva may cancel the affected Bid or transaction, void the sale, and remove or relist the Lot. If the Buyer has already paid, Silva will refund the Buyer the full amount paid. To the fullest extent permitted by law, Silva's liability in respect of any such error or malfunction is limited to that refund.

13.1 Silva warrants to you that each Lot is authentic and as described in its listing. Silva relies on the Consignor's warranty to Silva and may recover from the Consignor, but your claim is against Silva.

13.2 Silva may physically inspect rare and fine auction wines valued at HK$5,000 or more. Any such inspection is a discretionary, limited quality measure and does not replace the Consignor's warranty to Silva or expand Silva's warranty to you beyond clause 13.1.

13.3 Wine is a natural product, and its condition, maturity and drinkability may vary. Except for Silva's warranty in clause 13.1, descriptions, images, tasting notes and estimates are provided in good faith as opinions, and you should make your own assessment of a Lot before bidding or buying.

13.4 Silva warrants to you that each Lot is authentic and as described in its listing. Silva relies on the Consignor's warranty to Silva and may recover from the Consignor, but your claim is against Silva.

14.1 You must not:

(a) use the Platform if you are under 18 or otherwise ineligible;

(b) provide false, misleading or inaccurate information, or impersonate another person;

(c) place a Bid that you do not intend to honour, or bid on your own Lots, or engage in shill bidding, bid manipulation, or collusion;

(d) use any automated means to access, scrape, or interact with the Platform other than the Proxy Bid feature provided by Silva;

(e) interfere with, disrupt, or attempt to gain unauthorised access to the Platform, its systems, or other Users' Accounts;

(f) use the Platform for any unlawful purpose, including money laundering or the evasion of duties or taxes; or

(g) infringe the intellectual property or other rights of Silva, any Consignor, or any third party.

14.2 Silva may remove content, cancel Bids or transactions, and suspend or terminate Accounts that it reasonably believes are in breach of this clause.

15.1 The Platform and all content on it, including text, graphics, logos, the names "Silva", "Silva Wine Auctions" and "菁蔓葡萄酒拍賣有限公司", designs, layout and software, are owned by or licensed to Silva and are protected by intellectual property laws.

15.2 You are granted a limited, non-exclusive, non-transferable and revocable licence to access and use the Platform for its intended purpose. You must not copy, reproduce, distribute, or create derivative works from any part of the Platform without Silva's prior written consent.

15.3 Consignors grant Silva a licence to use listing content (including descriptions and images) for the purpose of operating and promoting the Platform.

16.1 The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Silva makes no representations or warranties, express or implied, as to the Platform or any Lot beyond the seller and delivery obligations expressly accepted in these Terms, including the warranty in clause 13.1.

16.2 Silva is the seller and is liable to you for the Lot's authenticity, described condition and delivery, subject to the limits in this clause 16 (cap, exclusions, inspection-on-delivery rule).

16.3 Silva does not warrant that the Platform will be uninterrupted, error-free, or secure, and is not liable for any failure or delay caused by matters beyond its reasonable control, including the acts of Payment Processors, banks or carriers, without limiting Silva's expressly accepted seller and delivery obligations.

16.4 To the fullest extent permitted by law, Silva shall not be liable for any indirect, special, consequential, or incidental loss, or for any loss of profit, loss of opportunity, loss of goodwill, or loss of data, arising out of or in connection with the Platform or any transaction.

16.5 To the fullest extent permitted by law, Silva's total aggregate liability to you arising out of or in connection with these Terms and your use of the Platform, whether in contract, tort (including negligence), or otherwise, shall not exceed the total commission or margin actually received by Silva in respect of the transaction giving rise to the claim, save that where Silva is responsible for delivery of a Lot under clause 11.2, Silva's liability for loss of or damage to that Lot in transit shall not exceed the total amount paid by the Buyer for that Lot including any delivery fee.

16.6 Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under the laws of the Hong Kong SAR, including liability for death or personal injury caused by negligence or for fraud.

17.1 Silva is responsible for handling and resolving Buyer issues relating to a Lot, including authenticity, condition, non-delivery, or damage in transit. Any recovery by Silva from a Consignor is a separate matter and does not redirect your claim.

17.2 If you have a concern about a Lot or a transaction, you should notify Silva promptly at sales@silvawines.com. A claim for visible damage, breakage or missing items must be raised at the time of delivery in accordance with clause 11.7; if the delivery has been accepted and signed for without such a report, that claim may be declined. Any other claim relating to the condition of a Lot, or to loss of or damage to a Lot in transit — being an issue not reasonably discoverable on delivery, such as a corked or otherwise faulty wine — must be notified to Silva within seven (7) days of delivery; Silva is not obliged to accept a claim of that kind made after that period. Silva will investigate the claim and use reasonable efforts to reach a fair resolution with you.

17.3 Silva may seek information or assistance from the Consignor when resolving a complaint and may recover from the Consignor separately, but Silva remains responsible for the resolution with you.

18.1 Silva's collection, use and handling of your personal data is governed by our Privacy Policy, which is available on the Platform and is incorporated into these Terms by reference. The Privacy Policy explains how we handle personal data in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) of the Hong Kong SAR.

19.1 Silva may amend these Terms from time to time. The amended Terms will be posted on the Platform with an updated effective date and will take effect from the date of posting or such later date as stated.

19.2 Your continued use of the Platform after amended Terms take effect constitutes your acceptance of them. Any Bid, purchase, or transaction is governed by the version of these Terms in force at the time it is made.

20.1 Entire agreement. These Terms, together with the policies incorporated by reference, constitute the entire agreement between you and Silva in respect of the Platform.

20.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force.

20.3 No waiver. A failure or delay by Silva in enforcing any provision of these Terms is not a waiver of its rights.

20.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without Silva's prior written consent. Silva may assign or transfer its rights and obligations on reasonable notice.

20.5 No agency or partnership between you and Silva. Consignors act for Silva only when packing and dispatching a Lot under clause 11.

20.6 Third-party rights. Save as expressly provided, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) of the Hong Kong SAR to enforce any of these Terms.

20.7 Language. These Terms may be published in English and Chinese. If there is any inconsistency between the two versions, the English version prevails.

21.1 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the laws of the Hong Kong SAR.

21.2 The parties shall first seek to resolve any dispute arising out of or in connection with these Terms through good-faith negotiation.

21.3 If a dispute cannot be resolved by negotiation, the parties submit to the non-exclusive jurisdiction of the courts of the Hong Kong SAR.

22.1 Silva Wine Auctions Limited (菁蔓葡萄酒拍賣有限公司)

Registered office: Unit 1104A, 11/F, Kai Tak Commercial Building, 317-319 Des Voeux Road Central, Hong Kong

Email: sales@silvawines.com

Website: www.silvawines.com

If you have any questions about these Terms, please contact us using the details above.

This document is a draft prepared for discussion purposes only and does not constitute legal advice. Silva Wine Auctions recommends seeking independent legal advice before use.