Selling and Listing Policies
A Note About Selling on WineCommune
- YOU MUST LEGALLY BE PERMITTED TO SELL WINE TO USE WINECOMMUNE'S SELLING SERVICES. Laws on who can sell alcohol and under what circumstances vary by state and jurisdiction. WineCommune does not represent that you can legally sell wine in your jurisdiction. You must comply with your jurisdiction's rules for selling wine - contact your state's beverage control authority for complete details. Please note: Nothing about WineCommune or the Internet makes selling wine legal when it is otherwise illegal in your jurisdiction.
- WineCommune does not represent that you are legally able to sell wine or ship wine. You are responsible for investigating and complying with the laws of your jurisdiction.
- Alcohol retailers and others selling alcohol may be subject to a federal occupation tax - goto ttb.gov for full details.
- For a brief overview of the laws covering selling wine, click here.
All lots posted on WineCommune, must comply with the following listing policies:
The following items may not be sold on WineCommune:
- Any items prohibited by law
- Liquor, cognacs and spirits
- Items not related to wine, wine enjoyment or wine consumption
Listing Techniques that Circumvent or Pass On WineCommune's fee structure
Users may not use systems or techniques to circumvent WineCommune fees or pass WineCommune's fees and commissions to the bidder. Some examples include:
- Offering in a listing the opportunity to purchase the item or other merchandise outside of WineCommune.
- Listings with low prices but unreasonably high shipping or handling costs
- Listing an item that requires or offers an additional purchase
- Dutch Avoidance - listing a single item and offering additional identical items for sale in the item description. In these situations, the seller typically instructs buyers to indicate the number of items they want, and states that they can get the same price as the item in the listing.
- Catalog Sales - listings of catalogs from which buyers may directly order items are prohibited. In these situations, the seller will typically offer the catalog for low bid prices and complete sales outside of WineCommune for items found in the catalog. Old, collectible catalogs (i.e., those that you cannot order from any longer) are permissible.
- Passing on WineCommune fees to bidders - listings that require the winning bidder(s) to pay all or part of any WineCommune commissions or fees
- Offering items for sale in a manner that circumvents WineCommune fees
Listings that circumvent WineCommune fees are not permitted and will be ended. Disciplinary action may result in the indefinite suspension of a user's account, temporary suspension, or a formal warning. WineCommune will consider the circumstances of an alleged offense and the user's trading records before taking action.
Reserve Price listing violations
Reserve price stated in the description of the item when not listed as a reserve listing. Seller states buyer is obligated to purchase when reserve is not met. These types of listings are not permitted and will be ended.
Proper category listing
Items must be listed in the appropriate category. Items that don't belong in a category will be moved to the appropriate category.
Redirect Posts or Advertisements
WineCommune does not permit listings that are primarily used to direct a user to a seller's other listings or storefront. These listings are not permitted and will be ended.
The WineCommune item page can only be used to describe, promote and facilitate the sale of the listed WineCommune item - it cannot refer to or promote the seller's individual web site, off WineCommune sales or other businesses. The WineCommune About Me page is a place where the seller can promote their individual web site or business.
The WineCommune lot page can contain no URLs or links to, or promotional information about, any off WineCommune web page, including web sites of the seller or any third party. There are 2 exceptions to this general rule - the WineCommune item page may contain a link to information related specifically to that item that:
- Gives acknowledgement to a company that provided services related to that listing (such as counters, auction management tools, or payment and mediation services). This acknowledgement may contain both a logo (88x33 pixels) and up to 10 words of text (HTML font size 3) but only one of those may be clickable.
- Points interested buyers to another Internet page that contains only more information (such as pictures, product specifications or detailed terms and conditions) about WineCommune items listed by that seller.
Links from the WineCommune Item page that interfere in any way with the WineCommune bidding process, or solicit any WineCommune user information, are not allowed. Links from the WineCommune Item page to pages that promote off WineCommune sales in any way are forbidden, though such pages may generally themselves contain discrete links to other commercial web pages.
The WineCommune About Me page may be used to describe the seller's business, and may contain URLs or links to the seller's individual web site. It may not specifically promote off WineCommune sales or sales of items prohibited on WineCommune, nor may it contain links to commercial web sites where goods from multiple sellers are aggregated by a common search engine.
Want ads or trades
Listings advertising a desire to buy or trade items are not allowed. All listings with want ads or trades are not permitted and will be ended, except for wanted ads placed in the Wine Wanted category.
It is generally permissible for sellers to offer a bonus item to bidders within their listing as long as the following requirements are met:
- In all bonus listings, the seller must state the exact price at which the bonus will apply. For example, it is not permissible to state "I will throw in a 1997 Dalla Valle Maya if bidding reaches a high enough amount." It is permissible to state "I will throw in a 1997 Dalla Valle Maya if bidding reaches $150."
- In Dutch Auctions the seller must offer the exact same bonus item to ALL winning bidders. Dutch auction rules require that all winning bidders receive identical items.
- Bonus listings in which the seller does not state the exact amount at which the bonus will apply and Dutch Auction listings in which the exact same bonus is not offered to all winning bidders are not permitted and will be ended. The featured fee will be automatically credited for such listings.
Giveaways, raffles and prizes
Listings that promote giveaways, random drawings or prizes as an enticement for buyers are not permitted on WineCommune as these promotions are highly regulated and may be unlawful in many states. WineCommune itself may run such promotions on the site, and may grant authorization to its partners or third party companies to run promotions, that comply with applicable laws.
These types of listings are not permitted and will be ended:
- Terms and Conditions contradictory to any WineCommune Policy
- Misleading listing titles
- Misleading use of tasting notes or ratings
- Key word spamming: Excessive use of key words, including (but not limited to) brand names, which are referenced for the purpose of attracting or diverting buyers to a listing will be considered key word spamming and is not permitted. Only the name of the wine being sold can be used in the item title - use of any other wine names is keyword spamming.
- Surcharges: Sellers may not charge WineCommune buyers an additional fee for their use of ordinary forms of payment, including acceptance of checks, money orders, electronic transfers or credit cards, and cannot pass on the WineCommune fees or commissions to the bidder. Such costs should be built into the price of the item -- this policy reduces the potential for confusion among bidders about the true cost of an item. Further, some forms of payment surcharges, such as credit card surcharges, are forbidden under the laws of many states, including California. For more information, see:
Can a seller add a surcharge to the final price of an WineCommune item? Yes, in three instances.
Sellers may charge reasonable shipping and handling fee to the final price of their item, providing that this fee is disclosed up front in the listing. A shipping and handling fee can cover the seller's reasonable costs for mailing, packaging and handling the item. Shipping and handling fees cannot be listed as a percentage of the final sale price.
Sellers may pass along the costs associated with using a third party escrow service or payment services, if the buyer chooses the service, such as Paypal.com.
Sellers may choose to accept payment in a different currency than the currency listed on WineCommune. If the buyer chooses to take advantage of this optional payment method, the seller may pass along to the buyer any costs associated with the currency exchange, provided that the costs are disclosed and agreed to in advance by the buyer.
WineCommune does not allow the use of profanity or patently vulgar language. This includes the use of language that is racist, hateful, sexual, or obscene in nature in a public area. This policy extends to text within auction listings, on About Me pages and on storefronts.
- Scripts used to drop or read a cookie on any WineCommune page
- Scripts that redirect the user from WineCommune to another page (such as the "replace" script)
If you have any questions about these policies, please contact us.