Terms & Conditions

Welcome, and thank you for your interest in Metropolitan Fine Wine’s online auction platform ("MFW" "we," "our," or "us") and our website at www.metrowineauction.com ("MetroWine Online Auction Website"), along with our related websites, hosted services, and other services provided by us (collectively, the "Service"). These Terms and Conditions are a legally binding contract between you and MFW regarding your use of the Service.





Governing Law.This Agreement shall be governed by and construed and enforced in accordance with the laws of Hong Kong without reference to principles governing conflicts of law.

  1. Metro Guarantee. Metropolitan Fine Wine Limited (“MFW”) stands behind every lot we offer. We are confident in the cellars and wines that we represent based on a thorough inspection process. All wines must have the special MFW custom sticker on the packing materials, be in the same condition in which they were delivered, and shipped both ways under ideal conditions. MFW retains the right to revoke this guarantee at its discretion in the case of unreasonable circumstances.
  2. Eligibility. You must be at least 18 years old to use the Service when place order in Hong Kong or reach legal age at your region when place order outside Hong Kong. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least at legal ago; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
  3. Accounts and Registration. To access most features of the Service, you must register for an account on the Service ("Account"). When you register for an Account, you may be required to provide us with some information about yourself, including your name and email address. If you wish to participate in Auctions (defined below), you will also need to provide certain payment details, including a valid credit card, or PayPal account ("Payment Details"). You agree that all information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your Account and password, and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you should immediately notify us at bidding@metrowineauction.com.
  4. Purchasing Wine on the Service

4.1 Purchasing Wine. For more details on Auction terminology used in these Terms and on the Service, please visit https://www.metrowineauction.com/ . For more information and answers to frequently-asked questions regarding Auctions, please visit https://www.metrowineauction.com/pages/faqs.

4.2 Ownership & Title. Title to and ownership of Wine will pass from Seller (defined below) to Buyer (defined below) in Hong Kong only upon full payment of the Purchase Price (defined below), as applicable. No property will be released to the Buyer’s account at Metropolitan Fine Wine until Metropolitan Fine Wine Ltd. receives any applicable taxes or compensating use taxes that MFW may be required by law to collect. If you are a Buyer located outside of the Hong Kong, please note that MFW reserves the right to require payment by wire transfer for the full Purchase Price, as applicable, prior to release of Wine to you.

4.3 Auctions. You may be able to view, participate in, and purchase Wine via online auctions listed on the Service (each an "Auction"). The specific Wine up for bidding and purchase in an Auction is called a "Lot." For each Auction, MFW acts as the auctioneer ("Auctioneer") and agent for the person or entity selling the Lot ("Seller"); the contract for the sale of a Lot is purely between Seller and the person or entity who wins the applicable Auction ("Buyer"). All Auction items are conducted in U.S. dollars at this platform. You cannot cancel a bid once placed, and all sales at Auction are final. By participating in an Auction, you agree to accept the Lot "AS-IS." Auctions will include a minimum price threshold (the "Reserve Price"), which must be met in order for the applicable Lot to sell at Auction.

4.3 a) Reserve Price. Each Lot is sold subject to a reserve price. If hammer price below the reserve price, the Lot will not be sold. Metropolitan Fine Wine’s online auction has the right to raise or lower the reserve price at any time prior to the time the Lot is opened for bidding.

4.3 b) Estimates. Each Lot is accompanied by a low and high estimate of the selling price, excluding the Buyer’s premium and any taxes. Estimates are only an expression of Metropolitan Fine Wine’s online auction opinion made on behalf of the Consignor of the range where Metropolitan Fine Wine’s online auction thinks the Hammer Price for the Lot is likely to fall; it is not an estimate of value. Any estimate should not be relied on as an indication of the actual selling price or value of a Lot. Where possible, estimates are based on past sales of comparable property, and while they are intended as a general guide for prospective Bidders, in no event do they constitute either a representation or a prediction of an actual selling price and should not be relied upon as such. Metropolitan Fine Wine’s online auction determines estimates in advance of the sale and reserves the right to revise estimates to reflect current market conditions.

4.3 c) Online Exclusive. Online exclusive items will be sold at the highest hammer price at the end of auction period and full payment will be collected once auction end. MFW will issue the final invoices immediately after the auction period, which are rendered reflecting the final purchase price, which is the hammer price plus the buyer’s premium and any Tax. Metropolitan Fine Wine’s online auction reserves the right to charge the Buyer’s credit card on file for any amounts still due.  However, if the final highest bidder fails to settle the payment, the second highest bidder will be considered as the new buyer and need to settle the payment.  Then the auction purchase price is according to second highest bidder’s bidding price. While the non-online exclusive lots we charge the winner 10% of the final payment amount (bidding price plus adding 12.5% premium on top) as deposit. If the online auction winner is not the highest bidder during live auction on 3rd December, 2022, refund notice and payment will be made to winner within 14 working days.

4.3 d) Buyout Price. Buyout Price allow buyer end the auction and win the lot instantly. Full payment need to be paid instantly.

4.4 Bidding Process. In order to place a bid in an Auction, you will need to register for an Account and provide approved Payment Details. In order to purchase a Lot at Auction, you must submit the final highest bid ("Final Bid") that is (i) accepted by Auctioneer and (ii) matches or exceeds the Reserve Price. When you place a bid, you are committing to purchase the Lot, and if your bid is the Final Bid, you agree that you will be charged and will remit the Purchase Price (defined below). Auctioneer may accept, decline, or challenge any bid, and set bidding increments, as Auctioneer determines in its sole discretion. Further, you acknowledge that Auctioneer has the right, but no obligation, to rescind the acceptance of any bid in its sole discretion, and may place previously auctioned Lots back up for Auction regardless of whether bids were previously placed on such Lots. You acknowledge and agree that Auctioneer’s decisions on all bidding disputes are final. Any bid retraction or sale cancellation that may be granted as an exception to these Terms is subject to a processing fee of no more than 10% of the total value of the cancelled bid. If Auctioneer chooses to cancel your bid or Final Bid for cause, you may be subject to a processing fee of no more than 10% of the bid or Final Bid. If two bidders tie with the same bid amount, then the earliest bid placed between the two becomes the Final Bid and wins the Auction. You can subscribe to receive email notifications of when you’ve been outbid at https://www.metrowineauction.com/ , but MFW is not responsible for failure to provide notification. Please see https://www.metrowineauction.com/ for more information regarding the bidding process on the Service.

4.5 Automatic Bid. You may be able to set a specific amount that you are willing to pay for a Lot ("Automatic Bid"). If you set a Automatic Bid, you hereby authorize the Service to automatically increase your bid on your behalf on the applicable Lot you’ve selected up to your willingness.

4.6 Auction Purchase Price. If you win an Auction (i.e. have placed the Final Bid), you acknowledge and agree that your Payment Details will automatically be charged (i) the amount of the Final Bid, plus (ii) an additional 12.5% of the Final Bid to be paid to the Auctioneer as a commission ("Buyer’s Premium" or "Premium"), plus (iii) all applicable taxes (collectively, "Purchase Price" or "Bid Total"). Note that shipping and handling fees are not included as part of the Purchase Price. Payment of the Purchase Price is due at the close of the applicable Auction. If Auctioneer has not received the full Purchase Price within four (3) calendar days of the close of the Auction, your Account will be suspended and you will be considered in breach of these Terms, and the Lot may be put up for Auction again. If the Purchase Price is later received by Auctioneer, MFW may, in its sole discretion, reinstate your Account.

4.7 Wine Storage. Storage Terms for Buyers: All Wine purchased on the Service will be automatically placed into storage at Metropolitan Wine Cellar ("MWC"), our preferred storage partner. For wines that you purchase on the Service, MWC will provide free storage on behalf of MFW for a minimum of thirty (30) days after your purchase. Such storage will be subject to you agreeing to and abiding by the MWC’s Terms and Conditions ("MWC Terms"), which can be found on MWC’s website located at www.metrowine.com.hk. MFW may also offer various memberships, tiers of service, discounts, rebates and promotions that may provide for longer discounted storage services, and/or may apply to pick up and delivery services facilitated by MWC. For more information about Wine storage, pick-up and delivery, please refer to the MWC website, accessible at www.metrowine.com.hk.

4.8 Pick Up or Shipment of Wine. To take physical possession of your Wine, you will need to schedule shipping or pick up from MWC. To do so, please contact delivery department at delivery@metrowine.com.hk for Buyer outside of Hong Kong, (i) MFW reserves the right to require payment of the Purchase Price by wire transfer prior to releasing your Wine from MWC, and (ii) you may choose to pay by wire transfer to expedite the shipment of Wine to you – please contact info@metrowine.com.hk to arrange a wire transfer. Note that Lots won at Auction are never shipped automatically. Buyers may schedule a pick up appointment for Buyer's purchases at MFW, schedule a shipment through MWC to facilitate delivery to Buyer, or make independent delivery arrangements. Buyer takes all responsibility for Wine being transported from Hong Kong to Buyer's selected destination.

4.9 Shipping Costs. Note that shipping and handling costs are not included in the Purchase Price. All storage and shipping services for wine purchased on the service are managed and billed by MWC, and are governed by the MWC Terms, available at www.metrowine.com.hk

4.10 Noncompliance. If you fail to fully comply with these Terms, in addition to other remedies provided under these Terms, MFW may hold you liable for any applicable Purchase Price, and reserves the right resell Wine after reasonable notice has been given to you. Any deficiencies attending the resale of such Wine will be solely your liability, along with any storage or legal fees and any other expenses or damages incurred by MFW. In the event of your non-payment as Buyer, or any other non-compliance by you with these Terms, MFW reserves the right to take any and all appropriate or necessary actions including, without limitation, canceling or rescinding any transaction, reporting you to an appropriate credit reporting agency, charging your Account or Payment Details for MFW’s fees and expenses incurred in connection with such 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 will MFW be liable for any incidental or consequential damages to you.

  1. Ownership; Proprietary Rights. The Service is owned and operated by MFW. The visual interfaces, graphics, design, logos, slogans, trade dress, audio and video clips, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by MFW ("Materials") are protected by intellectual property and other laws.
  2. Communications; Email. We may send you emails concerning our products and services. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
  3. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

7.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;

7.2 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

7.3 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by MFW;

7.4 interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

7.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

7.6 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;

7.7 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5) or any right or ability to view, access, or use any Materials; or

7.8 attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 7.

  1. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes, and note that in some cases we may provide you notice of changes via email. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
  2. Term, Termination, and Modification of the Service

9.1 Term. These Terms are effective beginning when you accept the Terms or access, or use the Service, and ending when terminated as described in Section 9.2.

9.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, MFW may, at its sole discretion, terminate these Terms or your Account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your Account and these Terms at any time by contacting customer service at info@metrowine.com.hk

9.3 Effect of Termination. Upon termination of these Terms: (a) you must immediately cease all use of the Service; (b) you will no longer be authorized to access your Account; (c) you must pay MFW any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination, all definitions, and Sections 4.16, 8, 9.3, 10, 11, 12, 13, 14, and 15 will survive. If your Account has been terminated for a breach of these Terms, then you are prohibited from creating a new Account using a different name, email address or other forms of Account verification.

9.4 Modification of the Service. MFW reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Except as otherwise stated in these Terms, MFW will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

  1. Confidentiality. You agree to maintain the confidentiality of non-public confidential information shared between you and MFW, including any proprietary information disclosed by MFW to you that is in written, graphic, or other tangible form. Confidential information includes any information disclosed by MFW to you regarding your Account, Wine, Auctions, correspondences between you and MFW, or other non-public information about the Service.
  2. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify MFW, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "MFW Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.
  3. Disclaimers; No Warranties by MFW

12.1 The service and all materials and content available through the service, provided "as is" and on an "as available" basis. MFW disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content, available through the service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. MFW does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and MFW does not warrant that any of those issues will be corrected.

12.2 No warranty, whether expressed or implied, is made with respect to any lot except for warranty of title, and in the case of title, the auction is facilitating the sale of only that right or title to the lot that the seller may have as of the auction date. all lots are sold “as is” and with all faults/flaws. you hereby assumes all risks concerning and related to the quality, description, condition, authenticity, and provenance of a lot.

12.3 No advice or information, whether oral or written, obtained by you from the service or MFW entities or any materials or content available through the service, will create any warranty regarding any of the MFW entities or the service that is not expressly stated in these terms. We are not responsible for any damage that may result from the service and your dealing with any other service user. You understand and agree that you use any portion of the service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data.

12.4 We strive to describe all wine and lots as accurately as possible. however, MFW does not warrant or represent, and assumes no responsibility for, the accuracy of any descriptions provided on the services, including without limitation the vintage, provenance, authenticity, quality and condition of wine. Any and all statements made relating to wine and lots are merely statements of opinion and at no time can be construed as warranties and representations of fact or assumptions of any liability on the part of MFW. buyers of older and more fragile wines, and/or those specifically packed in fragile, decorative containers, should be aware of and make proper allowances for natural variations of ullage and for alterations that could arise in shipment. You are encouraged to research and investigate wine prior to purchase. you acknowledge and agree that MFW is unable to conduct complete due diligence on all wine, and does not represent or warrant, and has no responsibility or liability for, the accuracy of any catalogue descriptions, including without limitation, vintage, provenance, authenticity, quality and condition.

12.5 Inquiries regarding wine photo should be made prior to placing a bid by contacting customer service at mailto:bidding@metrowineauction.com

12.6 The wine industry estimates that between three and seven percent of all wines sealed with natural corks are ruined because of a natural fungus in corkwood that produces the chemical compound trichloro anisole ("TCA") within the cork. TCA has a distinctive odor resembling moldy newspaper or damp basement. In almost all cases of “corked” wine, the aroma of the wine is reduced significantly, and a heavily tainted wine may be completely undrinkable. Since all Wine auctioned on the Service is consigned, and much of it very rare, you acknowledge and agree that we cannot replace Wine that has been ruined because of cork taint. You acknowledge and agree that we do not accept returns of corked Wine nor do we refund for corked Wine. Though we work diligently to describe or measure the levels of older vintages, corks more than 20 years old begin to lose their elasticity and levels can change between cataloguing and sale. Old corks occasionally fail during or after shipment. You acknowledge and agree that there is always a risk of cork failure during or after shipment of old Wine.

12.7 As described further in these Terms, title passes to Buyer only upon payment of the Purchase Price, and Buyer is responsible for the delivery of purchased Wine. As such, shipping is at Buyer's sole risk, and under no circumstances will an adjustment of price or credit be made after delivery.

12.8 MFW makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into your chosen destination. You warrant that you are solely responsible for the transport of the purchased Wine and for determining the legality and the tax/duty consequences of bringing Wine to your chosen destination. By placing bids in Auctions, you represent that you are at legal age at your region, and that the person to whom your Wine will be delivered is also at legal ago at your region.

12.9 The limitations, exclusions and disclaimers in this section 12 apply to the fullest extent permitted by law. MFW does not disclaim any warranty or other right that MFW is prohibited from disclaiming under applicable law.

  1. Limitation of Liability

13.1 to the fullest extent permitted by law, in no event will the MFW entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, including the MFW wallet and gift cards, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any MFW entity has been informed of the possibility of damage.

13.2 There is no liability of the MFW for claims arising out of or relating to the use of or any inability to use any portion of the service.

13.3 You, and your heirs, agents, successors and assignees, generally and specifically waive and release, and forever discharge the MFW entities from any and all claims, rights, demands and causes of actions and suits, of whatever kind or nature, including but not limited to claims based upon MFW’s negligence, whether in law or equity, whether known or unknown, suspected or unsuspected, which you may claim to have with respect to and/or arising out of, or in connection with any challenge to the title to any goods purchased, the sale itself, any lot bid upon or consigned, and/or the auction. You acknowledge and agree that this waiver and release shall be effective as a bar to each and every claim, demand, cause of action and suit that may arise hereunder or be related to an auction, and you hereby knowingly and voluntarily waive any and all rights and benefits otherwise conferred.

13.4 Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section 13 will apply even if any limited remedy fails of its essential purpose.

  1. 14. Miscellaneous

14.1 General Terms. These Terms, including the Privacy Policy and any Additional Terms (defined below), and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and MFW regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

14.2 Privacy Policy. Please read the MFW Privacy Policy https://www.metrowineauction.com (the "Privacy Policy") carefully for information relating to our collection, use, storage, and disclosure of your personal information. The MFW Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

14.3 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

14.4 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

14.5 Territory. The Service may be viewed in the Hong Kong and elsewhere, and contains references to products or services not available in all countries. References to a particular product or service do not imply that MFW intends to make such products or services available in all countries or other jurisdictions, and nothing on the Service will constitute an offer of any products or services in any jurisdiction, or to any person or entity, if the offer or provision of the products or services would be contrary to applicable law.

14.6 MFW Information. The Service is offered by MFW, located at Unit 402A, Block A, Sea View Estate, 2 Watson Road, Tin Hau, Hong Kong. You may contact us by sending correspondence to that address or by emailing us at info@metrowine.com.hk