Terms of Use

Please read these Terms of Use ("Terms") carefully before using the www.agedinoakauctions.com website (the “Website”), the platform at www.auctions.agedinoakauctions.com (the “Platform”) and any Aged In Oak social media accounts including, but not limited to, Instagram and/or Facebook (collective the "Accounts") operated or managed by Aged In Oak, LLC ("us", "we", or "our").

Your access to and use of the Website, the Platform and the Accounts (collectively, the “Service”) is conditioned on your acceptance of and compliance with these Terms.  These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service. The Service is intended to be used and accessed only by individuals of legal drinking age as determined by their country of residence or the country from which they are accessing the Service. If you do not fall into either category, or after having read and for any reason do not agree with or cannot comply with these Terms, including our Privacy Policy, please exit the Service immediately.  

We do not intentionally collect personal information from individuals under the legal drinking age nor do we intentionally market alcoholic beverages to anyone under the legal drinking or purchase age.  If you are not of the legal age to purchase or drink alcohol in your country or state of residence or in the country or state from which you are accessing the Service you must not provide us with your personal information and you must exit the Service immediately.

We may terminate or suspend access to our/your Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation, your breach of the Terms.

The Service is presented “As Is” and “As Available” without any representation or warranty of any kind by Aged In Oak, and your use of the Service is solely at your own risk.  We do not warrant that the Service will be free from viruses, trojan horses, available, accessible, error-free, uninterrupted, or that the contents will be accurate. 

All provisions of the Terms which by their nature should survive termination shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Our Service may contain links to third-party websites or services that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, the terms and conditions, privacy policies, the operation of, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance on, any such content, goods or services available on or through any such third-party websites or services.

We reserve the right, at our sole and absolute discretion, to modify, amend, revise, or replace these Terms at any time. Your continued use of the Services evidences your acceptance of and intention to comply with the modified, amended, revised, or replaced terms and conditions of the Services.

​References in these Terms to “Aged In Oak”, “we”, “us”, or “our” refer to Aged In Oak, LLC, an Illinois limited liability company. By accessing and using the Services, or registering and/or bidding in a public auction held by us, you agree to be bound by the following terms of the Aged In Oak Policies (“AOP”).

The AOP collectively describes the basis on which you may use the auctioneering services or information made available by us at any or all of the following:

-       www.agedinoakauctions.com (“the Website”)

-       www.auctions.agedinoakauctions.com (“the Platform”)

-       the Aged In Oak Accounts available on social media platforms available through iOS and/or Android (“the Accounts”).

​Any or all of the AOP may be modified, amended, revised, or replaced in our sole and absolute discretion at any time, for this and all future of our auctions.

The AOP may be modified, amended, revised, or replaced by the posting of notices, oral announcements, or announcements on the Website, Platform or Accounts made before or during an auction.

The items described in our catalog will be offered at public auction by us as agent for various consignors (the “Sellers”), under the terms and provisions of the AOP.

References herein to ‘you’ and ‘your’ mean the person or entity using, downloading, and/or registering to use the Website, the Platform, and/or the Accounts.

1. Aged In Oak is an online auction of alcoholic and non-alcoholic goods (“Goods”).  The auction venue is located on our Website and Accounts.  Our auctioneering services are provided to both Buyers and Sellers.  Buyers and Sellers are required to register on our Website or Accounts.  Our Website affords the Buyer the opportunity to bid on a single lot (“Lot”).  The highest bid on a Lot wins the auction when the hammer drops.  Therefore, the Buyer wins the Lot with the highest bid.  Our Website affords the Seller the opportunity to sell their Goods.  All Goods listed are representative of a Lot.  Each auction represents the number of Lots available during any single auction.  At no time do we take title to the Goods and/or purchase or sell anything listed on the auction.
2. Once a Buyer submits a bid, it is considered legally binding and the Buyer becomes liable for the winning bid.  At no time can a bid be changed, retracted, removed or cancelled after the bid has been placed. The Buyer accepts and acknowledges that all bids are final.  If a Buyer submits a bid, that Buyer assumes full responsibility and liability for that bid, the Buyer’s premium, and any and all charges, taxes, or other fees and expenses associated with that bid.    If a third party is acting on behalf of the Buyer, the third party and the Buyer are jointly and severely liable and responsible for the bid, the Buyer’s premium, and any and all charges, taxes, or other fees and expenses associated with that bid.  
3.  Every Buyer must register prior to each and every auction and agree to our Terms.  Registration on our Website or Accounts is free to all prospective Buyers.  During the registration process, we may pre-authorize $500 to ensure sufficient funds are available to support the Buyer’s winning bid.  We reserve the right to require a deposit and or hold funds from a registered credit card.  Aged In Oak takes the necessary steps to the extent possible to ensure the Buyer is actually the Buyer.   
4. During the registration process, we may ask for your name, mobile number, address, email address, date of birth and credit card information for preauthorization and verification purposes.  In addition to the aforementioned, if you are a Seller, we may ask for your banking information so that we may remit payment to you after all accounts have been settled.  Please know we take your privacy seriously.  For additional details about how we handle your personal information, please refer to our detailed Privacy Policy.
5. Aged In Oak strictly prohibits third parties from using another Buyer’s account.  It is required that every Buyer have their own account, have gone through the pre-validation and registration process.  The registration process is required prior to the beginning of every auction to ensure all personal and payment information is current.  Buyers are responsible for keeping their account information secure, protected and confidential, including, but not limited to, their username and password.  Buyers agree to notify us immediately of any unauthorized use of a Buyer’s account or any other breach of security of which Buyers become aware. If a bid is submitted by or through a Buyer’s account, that Buyer assumes full responsibility and liability for that bid, regardless of whether such bid was submitted by a Buyer or any third party, as well as the Buyer’s premium, and any and all charges, taxes, or other fees and expenses associated with that bid.  Buyers are liable for winning bids, and accepts and acknowledges that all bids are final.  Buyers will be solely responsible for losses incurred by Aged In Oak due to any unauthorized use of a Buyer’s account.
6. Aged In Oak in its sole and absolute discretion may cancel, refuse or remove a Buyer’s account, reject any bid or prevent any party from engaging in any auction if we witness any unsafe or fraudulent activity relative to your account, or for any other reason we deem necessary.
7. Aged In Oak takes every step to validate the authenticity of the Goods and to ensure the details pertaining to the Goods are accurate.  However, it is the Buyer’s responsibility to ensure the Goods comprising a Lot or Lots have been closely examined prior to entering a bid.  The Buyer fully acknowledges that if a bid is entered, it is considered binding and that they have reviewed the Goods and Lot and fully accept any and all details pertaining to the Lot.  Neither Aged In Oak, nor the Seller makes any representation or warranty as to the validity or accuracy of the Goods or each Lot.  Additionally, the Seller may impose a reserve or minimum selling price on each Lot.  However, the reserve is confidential and will not be disclosed until the Buyer reaches the reserve during the bidding process at the auction.  The Seller is unable to change the reserve once the auction has commenced.       
8. The Buyer accepts full responsibility for the Goods and Lots won and fully acknowledges that the Goods and Lots are sold “As Is” without any representation or warranty of any kind by Aged In Oak, and acknowledges and agrees that all bids are final and that there are absolutely no returns.
9. Aged In Oak in our sole and absolute discretion may amend the Lot details in an attempt to ensure the accuracy of each Lot to the best of our ability.  If Aged In Oak deems the amendment is material in nature, an announcement will be made.  Aged In Oak may remove a Lot for any reason they deem necessary as well. Sellers acknowledge and agree that a Seller may request that their Goods be removed from a Lot and auction upon no less than 72 hours prior written notice to us.  Any requests from Sellers to remove their Goods received by us within 72 hours of an auction may be disregarded in our sole and absolute discretion.     
10.  As specified in paragraph 5 above, the Buyer agrees and acknowledges that if a bid is entered, it is considered binding and final.  The Buyer further agrees and acknowledges that the Buyer has reviewed the Goods and Lot and fully accepts any and all details pertaining to the Goods and Lot.  The auctioneer accepts the highest bid at the conclusion of the auction or when the hammer drops.  At that point, the Buyer with the highest bid assumes full responsibility and liability for the highest bid, the Buyer’s premium, and any and all charges, taxes, or other fees and expenses associated with that bid.  If at any time a dispute arises between two Buyers, we, in our sole and absolute discretion, may intervene and resolve the dispute.  If a Buyer fails to properly execute or input a bid, the system will not record it.  The Buyer must fully execute the bid to be considered binding.  We are not liable for failure of the Buyer to properly execute a bid.  The highest bid as recorded by the system of record stands and the Good(s) and/or Lot(s) will be awarded to the Buyer with the highest bid and accepted by all parties and binding.
11. Bidding on our Website or Accounts is carried out real time.  In the event the Buyer is unable to bid online, we may assist them with absentee bidding.  However, the prospective Buyer must communicate this request with us 48 hours prior to the beginning of the auction.
12. Bidding on our Website or Accounts is straight forward.  The Buyer will select from a rolodex of numbers based on the criteria below to enter their bid or high bid amount.  The bid increments are as follows: 
    
    1. Less than $200 - increments of $5 ($5, $10, $15, $20, $25…)
    2. $210 - $1,000 - increments of $10 ($210, $220, $230, $240, $250…)
    3. $1,000 - $5,000 - increments of $25 ($1,025, $1,050, $1,075, $1,100, $1,125…)
    4. $5,000 - $10,000 - increments of $50 ($5,050, $5,100, $5,150, $5,200, $5,250…)
    5. $10,000 + increments of $100 ($10,100, $10,200, $10,300, $10,400, $10,500…)
13. In the event of a tie, the Buyer that entered the highest bid first, as recorded by the system of record will be considered the winning bid. The system of record will automatically determine the highest bid based on the time stamp of the first high bid amount.
14. Sellers are strictly prohibited from bidding on their own Goods or Lots.  The Website and Accounts have controls built in to identify those that attempt to bid on their own Goods or Lot.  We will be notified if any such action takes place.
15. We may, in our sole and absolute discretion reject, delete, or cancel any bid.  A Buyer’s ability to bid is at our sole and absolute discretion. We may, in our sole and absolute discretion cancel, refuse or remove a Buyer’s account, reject any bid or a Buyer’s ability to engage in any auction if we witness any unsafe or fraudulent activity or for any other reason we deem necessary, in our sole and absolute discretion.
16. If any Buyer or Seller encounters any issues or problems during the auction or in the bidding process, or if you need any assistance, please contact us at auctions@agedinoakauctions.com.   
17. To register for an account and bid on a Lot go to www.auctions.agedinoakauctions.com.
18. We encourage all Buyers to register at least 48 hours before the start of any auction. We may, in our sole and absolute discretion, deny any Buyers the ability to participate in an auction if the Buyers registration was not completed at least 48 hours before the start of any auction. 
19. A pre-authorized amount of $500 will be applied to a valid credit card (MC, Visa, Discover or AMEX) upon registering, and then immediately voided. This is done simply to ensure funds are available. Buyers will provide an email address, phone number, username and valid billing address.
20. The description of the Goods and relevant characteristics as determined by Aged In Oak will be given in each Lot. Estimates of a Good’s value provided within each Lot are based on market research data or from historical auction data of the same or similar Goods.   However, estimates do not include the Buyer’s premium, or any and all charges, taxes, or other fees and expenses associated with those Goods and/or Lot, and you should not rely upon the estimates as a prediction of the actually selling price or value of the Goods and/or Lot.
21. Images or depictions of the Goods on the Website, Platform and Accounts are for representative purposes only, and such images or depictions may or may not depict the actual Goods and/or Lot for sale, despite our best effort to utilize images or photos of the actual Goods.
22. The term “Final bid” or “hammer price” will refer to the price at which any Lot sells to the Buyer. The term “Buyer’s premium” will refer to the Final bid plus a premium of 15% of that final bid. Buyers shall be liable for the aggregate amount of the Final Bid, the Buyer’s premium, as well as any and all charges, taxes, or other fees and expenses associated with those Goods and/or Lot (“Final purchase price”). The Final purchase price will be due within 2 calendar days of the date set forth on our invoice, and consistent with all terms and conditions set forth therein, as well as set forth herein, unless other arrangements are made in writing between the Buyer and us.  A Seller’s fee of 5% plus $5.00 per bottle shall be deducted from the Final bid amount of the Final purchase price and collected by us. 
23. No Goods and/or Lots will be released to the Buyer until we receive payment in full for any and all amounts due us including, but not limited to: (a) all open invoices; (b) any State, Federal and local taxes, including, but not limited to, compensating use taxes from another state, which we may be required by law to collect; (c) all storage fees and handling fees; and (d) all other fees and expenses associated with the Goods and/or Lots.  In the event a chargeback or wire transfer is not accepted by a financial institution, the Buyer remains responsible for all of the above amounts due relative to the Goods and/or Lots.
24. Please provide full name and invoice number on all wires, checks and ACH’s.
25. If payment is not made within 2 calendar days of the date set forth on our invoice, we reserve the right to charge the Buyer’s registered payment method all of the amounts due us as set forth in Paragraph 22 above, as well as any other fees, including, but not limited to, late fees, as well as expenses consistent with, storing, shipping and handling.
26. If payment is not made within 2 calendar days of the date set forth on our invoice, we reserve the right to charge an additional 3% late fee to purchaser’s invoice, in addition to any and all other fees and expenses available to us pursuant to applicable law.
27. If Buyer fails to timely make payment in full and has not made special arrangements with us in writing, Buyer shall be in default, at which time we shall have absolute discretion to exercise any of the following rights and remedies on our own behalf, and on behalf of the Seller.
    
    1. to hold the defaulting Buyer liable for the total amount due and to commence legal proceedings for its recovery together with interest, to the fullest extent permitted under applicable law;
    2. to re-list the Goods for auction, publicly or privately on such terms as we see fit. The defaulting Buyer shall be liable for payment of any deficiency between the total amount originally due and the price obtained upon re-listing as well as for all costs, expenses, damages, legal fees, commissions, and premiums associated with both sales or otherwise arising from the default.  We have no duty to advertise or provide a preview of any Goods subject to an auction under this subparagraph;
    3. to pay the Seller an amount up to the net proceeds payable in relation to the amount bid by the defaulting Buyer. The Buyer acknowledges that we shall have all the rights to act on behalf of the Seller, however arising, to pursue the Buyer for such amount;
    4. to offset against any amounts which we may owe the Buyer in any other transactions, the outstanding amount remaining unpaid by the Buyer;
    5. where several amounts are owed by the Buyer to us or the Seller, in respect to different transactions, to apply, in our sole and absolute discretion, any amount paid to discharge any amount owed in respect of any particular transaction, whether or not directed by the Buyer;
    6. to reject at any future auction bids made by or on behalf of the Buyer, or to obtain a deposit from the Buyer before accepting any future bids;
    7. to exercise all rights and remedies of a person holding security over any property in our possession owned by the Buyer to the fullest extent permitted to the secured party arising under the Illinois Uniform Commercial Code (810 ILCS 5/1-101, et seq.); the defaulting Buyer grants us a security interest in all Goods or Lots held by us and we may file a financing statement with the Illinois Secretary of State to perfect a security interest in such Goods or Lots;
    8. to charge any credit card on file for any and all amounts due related to the Goods or Lots.
       
       The defaulting Buyer shall be liable for our legal fees, costs and expenses with respect to any actions taken by us under this Paragraph 27, a) through h), inclusive.

28. Buyers are solely responsible for collecting purchased Goods or Lots in person or through an agent.  If a Buyer elects to ship its Goods or Lots, we will make a reasonable attempt to assist the Buyer in arranging shipment of all Goods or Lots purchased. However, we do not ship Goods nor do we assume any responsibility for any shipment by or to the Buyer. The Buyer is solely responsible for the logistics and all fees, expenses, insurance, permits or licenses required for shipment as well as any and all other costs associated therewith. Please be aware that many states and countries impose restrictions on the interstate or international transport of alcoholic beverages into and out of their jurisdictions. These restrictions may affect a Buyer’s purchase of Goods or Lots and we urge you to investigate the laws in your state regarding this subject before bidding on or shipping any Goods or Lots from us.  Furthermore, please be aware that in some instances, special permits or licenses may be required for the Buyer or shipper. In some instances, Buyer or shipper may be responsible for paying taxes or fees in connection with the shipment. We do not assume any duty, obligation, or responsibility for applying for, or obtaining any permits or licenses or for paying any taxes or fees. Purchases that cannot be shipped because of shipping restrictions must be collected by the Buyer from our location in Vernon Hills, Illinois, and all applicable Illinois and Lake County sales tax. as well as all other amounts due hereunder to us must be paid prior to collection of the Goods and or Lots. Buyer is responsible for and bears all risk of loss for any Goods or Lots shipped to Buyer. All sales are final, “as is,” and cannot be canceled or refunded for any reason, including shipping restrictions or obligations relating to duties, taxes, fees, or charges related to the Final bid.
29. Our Collection of Goods/Lots Policy is as follows:
    
    1. Buyer acknowledges that the title to all Goods or Lots purchased by Buyer passes directly from the Seller to the Buyer at the time of purchase or determination of the Final bid. Buyer is required to notify us in writing regarding the manner in which it will collect its purchased Goods or Lots from us. 
    2. Buyer acknowledges and agrees that it is solely responsible for all applicable excise, use, and sales taxes and fees due to any international country, federal, state, or local agency or department related to the purchase of the Goods or Lots.
    3. We recommend collecting your purchased Goods or Lots in person, but if Buyers wish to collect their Goods or Lots by arranging a third-party delivery of their Goods or Lots after purchase, the Buyer is responsible and bears all risk, including selecting a carrier and providing delivery instructions, and insuring the Goods and/or Lots during transport.
    4. Buyers must contact us in writing following the close of the auction to notify us of Buyer’s collection arrangements, including Buyer’s delivery arrangements, if any. Once payment is made in full the Goods or Lots are processed for collection, and ready for delivery or shipment to Buyer, within 5 business days of notifying us of Buyer’s collection arrangements. Invoices exceeding 50 Goods may require additional processing time. Invoices are not prepared until we are contacted by the Buyer. Goods or Lots will not be prepared for collection when Buyers have unpaid invoices with us. All invoices must be collected in full, and we will not split invoices or Lots.
    5. Buyer represents and warrants that he/she is at least 21 years of age at the time of the auction, and is purchasing the Goods or Lots for his or her personal use.
    6. Buyer represents and warrants that the person or shipping company collecting the Goods or Lots is at least 21 years of age or over at the time of collection, is doing so at Buyer’s direction, and has all permits or licenses, if needed, required to ship to the Goods or Lots. 
    7. Buyer will be assessed a return fee should any Goods or Lots be returned to us due to, but not limited to: no person 21 years of age or older being present at the Buyer's delivery address to accept delivery of the Goods or Lots; an invalid delivery address; recipient’s alleged obvious intoxication; delivery refused by recipient; or any other reason resulting in the Goods or Lots being returned to us. 
30. Buyers shall be liable for all costs and expenses related to any Goods or Lots which require repacking services for safe delivery of the Goods or Lots.  Any costs and expenses related to repacking services shall be included on our invoices and must be paid prior to collection or shipment of the Goods or Lots. 
31. We do not provide insurance for shipments arranged by the Buyer or otherwise collected directly from us. We are not responsible for deterioration resulting from shipment including but not limited to: scuffed labels, cracked wax capsules, minor seepage, or temperature damage.  Buyer must check shipments immediately upon delivery and note breakage or shortage on the shipping company’s documents. We must also be notified in writing within 24 hours of delivery by the Buyer of any breakage or shortage. No claim will be honored or considered, if we are not notified within 24 hours of delivery.
32. It is not recommended to ship Goods or Lots in temperatures below 20°F (-7°C) or above 80°F (27°C). Temperatures outside this range may damage the Goods or Lots. If the Buyer wishes to proceed with shipment regardless of weather conditions, the Buyer agrees, acknowledges and accepts all responsibility for any damage to their Goods or Lots caused by temperature or other weather-related conditions including but not limited to: delays, breakage, or loss.
33. For all purchased Goods or Lots we offer 30 days of complimentary storage starting from the date of auction. Goods or Lots remaining longer than 30 days will be charged storage fees of $10.00 per bottle, per month. Goods or Lots held by us due to extreme weather conditions, as determined in our sole and absolute discretion, do not incur storage fees after 90 days, but complimentary storage is limited to a total of 120 days regardless of weather conditions or shipping limitations.
34. The copyright in all images, illustrations and written material produced by or for us, relating to any Good or Lot shall not be used by the Buyer, or anyone else, without our prior written consent.  Aged In Oak makes no representation or warranty that Buyer will acquire any copyrights or other reproduction rights in any of the Goods or Lots. 
35. These Terms, our Privacy Policy and any other policies referenced herein constitute the entire agreement between us and the Buyers and Sellers pertaining to the subject matter hereof and supersedes any and all prior discussions and agreements between them.  Any failure by us to enforce any provision of these Terms shall not operate as a waiver of such provision. 
36. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AGED IN OAK, ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS (“AIO PARTIES”) BE LIABLE TO BUYER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER, OR FOR ANY LOSS OF REVENUE, PROFITS, SALES, DATA, DATA USE, GOODWILL, OR REPUTATION IN CONNECTION WITH ACCESS OF THE SERVICES, THE BIDDING FOR OR BUYING OF THE GOODS OR LOTS OR OTHERWISE IN CONNECTION WITH THESE AUCTION TERMS OF USE.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE AIO PARTIES ARISING OUT OF OR RELATED TO THESE AUCTION TERMS OF USE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF THE PURCHASE PRICE PAID FOR THE RELEVANT GOODS OR LOTS.  SOME STATE/JURISDICTIONS DO NOT ALLOW THE ABOVE LIMITATION OF LIABILITY AND/OR EXCLUSION OF DAMAGES, AND SO, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 

AGED IN OAK IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR SECURITY OF THE SERVICES THAT ARISE FROM THIRD PARTY PROGRAMS, APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. 

37. EXCEPT AS OTHERWISE PROVIDED UNDER THESE TERMS OF USE, ALL DISPUTES AND CLAIMS BETWEEN YOU AND US THAT ARISE OUT OF OR IN CONNECTION WITH, OR RELATE TO, THESE TERMS SHALL BE RESOLVED, AT THE FILING PARTY'S ELECTION, BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARBITRATION SHALL TAKE PLACE IN VERNON HILLS, ILLINOIS. ALL DISPUTES IN ARBITRATION WILL BE HANDLED SOLELY BETWEEN THE NAMED PARTIES, AND NOT ON ANY REPRESENTATIVE OR CLASS BASIS. FURTHER, UNLESS WE BOTH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM WITHOUT AFFECTING OTHER INDIVIDUALS.
    
    YOU UNDERSTAND AND AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS WE BOTH SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
    
    YOU UNDERSTAND THAT YOU AND AGED IN OAK’ ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY.

38. The Seller and Buyer are each solely responsible for compliance with all laws associated with the sale and shipment of the Goods or Lots.  The Seller and Buyer shall each indemnify, defend and hold Aged In Oak harmless from any and all claims arising from the selling of the Goods or Lots on the Website, the Platform or Accounts, or from the shipping of the Goods or Lots to the Buyer.  It is therefore the Buyer’s and the Seller’s duty, obligation and responsibility to assure that the sale and shipment is in compliance with all laws associated with the sale and shipping of such Goods and Lots. 
39. No party shall be liable to any other party for any failure to perform its obligations or duties under these Terms in whole or in part due to any delays which are beyond a party’s reasonable control, including, but not limited to, delays due to inclement weather, strikes, acts of God, inability to obtain labor or materials, inability to secure governmental approvals or permits, governmental restrictions, civil commotion, fire, earthquake, explosion, flood, hurricane, the elements, or the public enemy, action or interference of governmental authorities or agents, war, invasion, insurrection, rebellion, riots, lockouts, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, and other significant public health risks), changes in applicable laws (including, without limitation, any shelter-in-place orders, stay at home orders or any restrictions on travel related thereto that preclude the parties, or their respective agents, contractors or employees from performing under this Agreement), any national, regional or local emergency, breaches in cybersecurity, or any other cause whether similar or dissimilar to the foregoing which is beyond a party’s reasonable control, regardless of whether such other causes are: (i) foreseeable or unforeseeable; or (ii) related to the specifically enumerated events in this Paragraph 39 (each a “Force Majeure Event”), such party will be excused from performing such obligations for the duration of the time that such party remains affected by the Force Majeure Event; provided, that such party uses commercially reasonable efforts to mitigate the impact of the Force Majeure Event, if possible, and resumes performance of its affected obligations as soon as reasonably practical. The party affected by the Force Majeure Event shall notify the non-affected party as soon as reasonably practical after the affected party becomes aware that it is or will be affected by a Force Majeure Event. 

40. The rights and obligations of all parties shall be governed by the laws of the State of Illinois.
41. In the event of any inconsistency or conflict in terms between the Terms of Use on the Website, the Platform, or the Accounts, the terms listed on the Website will be the controlling terms and conditions of service.

Contact Us

If you have any questions about these Terms of Use, please contact us at auctions@agedinoakauctions.com.

‍

‍