Neither the Naples Winter Wine Festival (“NWWF”), nor any other entity, including any software or application, shall be responsible for the accuracy of the descriptions of any auction lot(s) contained in the electronic catalog or catalog addendum (if any). The descriptions incorporate, in some instances, materials or descriptions furnished by donors, and may not be complete or accurate. Prospective bidders should familiarize themselves with the terms and conditions set forth in the description of each online auction lot and ask any questions prior to bidding. Any prospective bidder who bids on wine assumes sole and exclusive responsibility of such election and affirms that they are relying on their own judgment as to the value and desirability of such wine.
Any trips or events comprising all, or part of an online auction lot shall, unless otherwise specified in the electronic catalog or catalog addendum description (if any), be subject to convenient scheduling by the lot donors and the winning bidder. Any additions or modifications to travel packages, to the extent possible, shall be at the winning bidder’s sole expense. Additionally, any changes to reservations after booking will be at the winning bidder’s expense.Unless otherwise specified, winning bidders of events are expected to schedule the event to occur within twelve months of the auction. Winning bidders of trips and/or events are encouraged to purchase trip/event protection insurance. If any trips or events are cancelled or rescheduled, the bidder(s) assume(s) the sole risk of any cost(s) associated therewith. In no event shall there be a refund due to an unexpected cancellation or rescheduling.
All wines sold at the NWWF are subject to the provisions of Florida law and the regulations of the Florida Department of Revenue. Any property may be withdrawn by the NWWF at any time before the actual sale, without incurring any liability for such withdrawal. All wine is sold on an “as-is” basis, and neither the NWWF nor any other entity make any express or implied warranty or representation of any kind or nature with respect to any property included in an online auction lot.
The NWWF shall have the absolute right to withdraw any online auction lot, reject any online auction bid, resolve any lot or any bid on any online auction lot at any time before the end of the online auction at 5:00 pm (EST) on Tuesday, January 30, 2024. No bid is valid unless acknowledged as such by the NWWF. In the case of online bids, the NWWF is not responsible for any internet connection related errors. No one other than the NWWF is authorized to auction a lot. Online auction lots will only be auctioned once and will not be duplicated.
The highest bidder acknowledged as such by the NWWF and its online auction software shall be the purchaser and is subject to all of the conditions set forth herein, and thereupon assumes the risk and responsibility thereof. In the event of any dispute between bidders, the NWWF shall have sole and final discretion either to determine the successful bidder or to re-offer and resell the item in dispute. If any dispute arises after the sale, the NWWF’s records shall be conclusive in all respects. In regard to split lots (i.e. when a lot is won by more than one bidder, except in the case of a married couple), the winning bidder as determined by the NWWF and its online auction software and applications is responsible for notifying the NWWF office of all parties involved in the split and is ultimately responsible for full payment of the entire lot.
Notwithstanding the foregoing, the winning bidder, as determined by the NWWF and its online auction software and applications, shall be entirely responsible for any and all unpaid portions of the lot. In addition, in the event of a split lot, NWWF shall not be responsible for monitoring, evaluating or validating the distribution or utilization of the goods and services won between the winning bidders. Irrespective of the distribution or utilization of the goods and services between winning bidders, for tax reporting purposes, each bidder, with whom any winning lot is split, shall bear, pro-rata, equal portions of the bid price and the value of the goods received. NWWF takes no responsibility for any tax liability, which shall remain the sole and exclusive responsibility and liability of each winning bidder. Prior to acceptance of the prize, the winning bidder(s) is/are strongly advised to seek professional legal and tax advice. If the foregoing conditions and other applicable conditions are not complied with, NWWF by law, has the right to hold the winning bidder liable for the bid price, and may either: (a) cancel the sale, or (b) resell the property on three days’ notice to the winning bidder; for the account and risk of the winning bidder, either publicly or privately, and in such event the winning bidder shall be liable for payment of any deficiency, all other charges due hereunder and incidental damages.
All winning bids are final and no refunds of any type or nature, or for any reason whatsoever, shall be made. Neither NWWF nor its online auction software or applications shall be responsible for any delays, changes, modifications, or actions of third parties as it pertains to auctioned items. Bidders understand and affirm that by bidding, they assume the full and entire risk of any and all issues that could or may potentially arise with regard to the auctioned item(s); these include but are not limited to, delays, substitutions, changes, replacements, modifications, et cetera.
Payment and Sales Tax
Sales Tax will not be collected based upon current law. According to the State of Florida Department of Revenue, this is a one-time event held annually, sales are exempt. Winning bidders are fully responsible for and shall pay any applicable compensating use tax of another state, which NWWF may be required to collect, at the time of payment of the purchase price. NWWF accepts: CREDIT CARD, CHECKS, made payable to “Naples Children and Education Foundation, Inc.” CASH and TRANSFERS OF STOCK. The winning bidder as determined by the NWWF and its online auction software and applications is solely responsible for full payment of the entire lot, in United States Dollars, by the close of the auction on Tuesday, January 30, 2024 and prior to arranging auction lot pick up or delivery. The NWWF does not provide tax advice, and strongly recommends that each bidder consult with their respective attorney or tax accountant to determine the extent of any tax or other liability, if any.
Auction Lot Pickup
Winning bidders shall contact the NWWF office to coordinate pickup or delivery of online auction lots by 4:00 pm (EST) on Tuesday, Febuary 13, 2024. Items may be removed only by exhibiting a paid receipt at the time of departure.
Auction Lot Shipping
Delivery and shipping arrangements including expenses and insurance are the sole responsibility of the winning bidder. All risk of loss passes to the winning bidder or his/her agent upon the earlier of: (i) winning bidder picking up the online auction item, (ii) NWWF delivering the online auction item to the post office or other carrier or delivery service requested by the winning bidder, or (iii) 4:00 pm (EST) on Tuesday, Febuary 13, 2024. The NWWF shall have no liability, of whatever type or nature, with respect to the property purchased, or for any matters following the passing of risk of loss to the winning bidder. To the extent that NWWF may have any liability, such liability shall be strictly limited to a refund of the purchase price actually paid by the winning bidder.
Tax Applicability
Winning bidders shall be required to pay all state and local retail sales or use taxes as may be applicable.
Federal Tax Information
For federal income tax purposes all payments for auction lots shall be made to the Naples Children and Education Foundation, Inc., which is classified as a tax-exempt corporation under Internal Revenue Code Section 501(c)(3); Tax Identification Number 65-1001650. Bidders may be entitled to deduct a portion of their payments for online auction lots as a charitable contribution; each bidder should consult with his or her documentation as required by law following the online auction, and with his or her respective tax attorney or accountant.
All online auction proceeds will be used directly to meet the mission of the Naples Children and Education Foundation to support charitable programs that make a profound and sustaining improvement in the physical, emotional and educational lives of underprivileged and at-risk children in Collier County.
The Lots are Auctioned as Described in the Electronic Catalog
To the extent the winning bidder seeks and is able to successfully procure modifications to the online auction lot after the online auction, said modifications shall be made solely at the winning bidder’s expense. Similarly, to the extent the winning bidder(s) procure(s) additional goods and/or services, upgrades or schedule changes for the lot, such additions, upgrades and changes shall be solely at the winning bidder’s expense, and NWWF shall have no responsibility or liability therefore. Any changes to airline booking after ticketing shall be at the successful bidder’s expense. In the event a trip is cancelled due to health or safety reasons, NWWF may attempt to rebook said trip one time at no cost to the winning bidder at such time as NWWF determines, in its sole and absolute discretion, that it is safe to resume travel. Any subsequent changes or rebooking will be at the winning bidder’s expense. In addition, unless otherwise specified in the online auction lot, purchasers of events are expected to schedule the event to occur within twelve months of the online auction. Any expense or additional cost, of whatever type, kind, or nature, subsequent to the end of the online auction at 5:00 pm (EST) on Tuesday, January 30, 2024 shall be borne solely and exclusively by the winning bidder(s)/purchaser(s).
All sales are final. Items are nontransferable, nonrefundable and cannot be exchanged for cash. The winning bidder(s) of auction lots with travel to foreign countries shall be responsible for familiarizing themselves with the laws of the destination country prior to the date of departure. Further, the winning bidder(s) shall be responsible for all required passport, visa, medical fees and other costs related to any domestic or international travel, up to and including any illness prior to or during of the trip. For more information on regulations and costs associated with traveling outside of the United States, please reference http://travel.state.gov/.
Assumption of Risk and Indemnity
Participants understand and agree that they assume any and all risks associated with any online auction item or service for which they are the winning bidder. Winning bidders understand and acknowledge that the NWWF is not responsible for any accident, cancellation, act of God, or any other injury, or damage that could result from winning bidder’s use of any of the auction items or services. Winning bidder understands the risk associated with, and fully assumes any and all risk associated with the use of any online auction items or services.
To the fullest extent permitted by law, winning bidder shall indemnify and hold harmless the NWWF from and against any and all claims, damages, losses and expenses, of whatever kind, type or nature, including, but not limited to, attorneys’ fees and costs, resulting from the use of any of the items or services won at auction.
Media Coverage
NWWF and its online auction are widely publicized events. As a condition of and in consideration for participating in the online auction, participant releases NWWF from any liability connected with the reproduction, adaptation, display, publication and distribution, in any and all media, whether now known or yet to be developed, of any videos, audio recordings, photographs or other images taken of the participant, participant’s name, voice, likeness, city of residence and any other information regarding his/her participation.
For Additional Information or Questions, Please Contact:
Naples Children and Education Foundation, Inc., founders of the Naples Winter Wine Festival
2590 Goodlette-Frank Road North, Naples, Fl, 34103, 239.514.2239, 888.837.4919
www.napleswinefestival.com
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