Pendleton® Whisky Online Auction Terms & Conditions

Pendleton® Whisky Online Auction

TERMS AND CONDITIONS 


ANYONE REGISTERING TO BID OR PLACING A BID IN THIS AUCTION ACCEPTS THESE TERMS AND CONDITIONS (THESE “TERMS”) AND ENTERS INTO A BINDING AGREEMENT WITH PROXIMO SPIRITS, INC. (“AUCTIONEER”). EACH SUCH PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTANDS ALL OF THESE TERMS AND AGREES TO BE FULLY BOUND BY ALL SUCH TERMS. 

Important Provisions:

  • These Terms apply specifically to the online auction hosted in honor of the PENDLETON WHISKY brand with bidding commencing on or about 12:00:01 PM Eastern Time (“ET”) on Tuesday, September 15, 2026 and concluding at 11:59:59 PM ET on Tuesday, October 31, 2026, including post-auctions activities such as payments on a winning bid (the “Auction”). 

  • Other auctions from Auctioneer hosted in honor of the PENDLETON WHISKY brand may be subject to a different version of these Terms. Please review the applicable terms for each auction for which you register. While this Auction is in honor of PENDLETON WHISKY, no alcohol is being auctioned or offered for sale via this Auction. 

  • New bidders desiring to participate in this Auction should register to participate unless they already have an auction account from a prior PENDLETON WHISKY auction of Auctioneer. 

  • If you have a brand account or online account with a Proximo Spirits alcohol brand, including Pendleton Whisky, that is not the same thing as having an auction account, which is unique to participating in one or more auctions with the Auctioneer. If the Auctioneer expands auctions to its other brands, it reserves the right to require creation of different auction accounts for each auction honoring a different brand. 

  • Lots will be visible online. See catalog here: https://store.pendletonwhisky.com/collections/auctions. Physical inspection of lots is not available.  

  • Bids are irrevocable. Be prepared to purchase the lot you bid on at the price you bid. 

  • Please consult Section 14 for current sales tax information. Auctioneer’s contact information for purposes of these Terms appears at the end of these Terms. 

Beyond the important provisions above, you should read these Terms in their entirety. You consent to these Terms by registering to bid in, or placing a bid in, the above-referenced “Auction.” By making a payment to the Auctioneer or its designee on a winning bid, you reaffirm your consent to these Terms. These Terms shall constitute the entire “Agreement” between the Auctioneer and “you” (or “bidder”) regarding any bid or purchase you make or attempt to make in the Auction and shall supersede, in the event of a conflict, any and all communications that occur at any time between Auctioneer or its representatives and you with respect to the Auction and the purchase of items offered at the Auction. Auctioneer is aided in administering the Auction by “Craftwork Design Co”. 


  1. Bidder Eligibility. 

    1. As a condition to participating in this Auction, you (i) consent to these Terms and agree to abide by them and (ii) represent that you are at least 21 years of age, or older if the age of majority is higher in your jurisdiction of residence and have full capacity to consent to these terms. 

    2. This Auction is open only to legal residents of the United States (including District of Columbia, Alaska and Hawaii) who are 21 and older at the time of placing a bid.  Winning lots will only be shipped to addresses in the United States. 

    3. The Auction winner must have a valid, non-expired government-issued driver’s license or other acceptable proof of identification for verification if requested. Failure to comply with these requirements will result in the disqualification of the potential winning bidder. Winning bidder is subject to verification by any means elected in Auctioneer’s discretion.  

    4. Employees, officers and directors (including immediate family members and members of the same household) of Auctioneer, Administrator, and their respective divisions, subsidiaries, and affiliates, as well as Avid Inc., d/b/a Avid Marketing Group are not eligible to participate.


  1. To actually be able to bid in this Auction, you need to have an existing or newly issued bidder number and auction account from Auctioneer from a prior auction. Bidders with existing accounts in good standing do not need to declare their intent to participate in this Auction and may just do so by submitting a bid. Bidders in the Auction will be required to consent to these Terms either when they register for the Auction. Auctioneer reserves the right to require you to re-acknowledge such consent as a condition to being able to claim an item for which you had the high bid, and your not doing so may result in forfeiture of the high bid by being an ineligible bidder.


  1. Auctioneer reserves the right, in its sole discretion and at any time, to refuse, restrict, suspend, or revoke any person’s registration or bidding privileges, and to refuse to recognize any bid, where Auctioneer reasonably believes doing so is necessary to protect the integrity of the Auction or to comply with applicable law, without liability to any bidder or prospective bidder.


  1. Auction Website. Visit https://store.pendletonwhisky.com/collections/auctions (the “Auction Website”) to register an account for the Auction with Auctioneer and to place bids in the Auction. 


  1. Auction Account; Bidder Number. Limit one auction account per eligible bidder in this Auction. You will be issued a bidder number upon registration (when you create an account on the Auction Website). Your bidder number will also be your username and account number. You are responsible for creating your own account password. If you have previously bid with Auctioneer in a PENDLETON WHISKY auction, you should have a current Auctioneer account number that will be your bidder number you can reuse. You do not need to create a new account for each auction themed PENDLETON WHISKY. If your account is not in good standing, for example, you have open balances due to Auctioneer, have failed to complete past payments due, engaged in collusion, or for any other reason in Auctioneer’s discretion, your account may be terminated and/or your ability to place bids in this Auction may be suspended. Protect the log-in credentials to your account and hold them in confidence. They should not be shared with anyone else. You (the account holder) are responsible for any activity that occurs under your account, whether or not authorized. There is no fee to create an account. 


  1. Bidder Personal Information. 

    1. Registration for an account requires your providing certain personal information to us, used to administer the Auction, communicate with you about it, fulfill any bids won, and as otherwise set forth in our  Privacy Policy on the Auction Website. 

    2. The personal information you are required to provide is full name, physical mailing address, email, and telephone number for voice calls. You are required to maintain this information current in your auction account. Auctioneer is not responsible for undeliverable to misdelivered communications or shipments due to inaccurate, incomplete, or changed contact information of a bidder.

    3. We reserve the right to verify the eligibility (including identity, age and state of residence) of winning bidders. Multiple bidders may not share the same email address. In the event of a dispute around an email address being claimed by more than one bidder, it will be deemed to correspond to the person to whom it was assigned by the third-party email platform. 

    4. Winning bidders will be required to pay online via the Shopify platform (www.shopify.com), using its then-available third-party payment options. Processing of payments is subject to the terms and privacy policy of the third-party payment processor elected (e.g., Shop Pay, Apple Pay, PayPal, etc.). 

    5. Shopify will ship winning lots and will receive winner account details (name, email, address, phone number) to ship the lots. The delivery carrier will also have the same details to complete delivery.  


  1. Start of Auction. Bidding is scheduled to begin approximately in the timeframe first set forth above on the Auction Website.  Auctioneer reserves the right to postpone or delay the Auction, for a reasonable period of time, due to any significant, relevant event, which in the sole discretion of Auctioneer, makes it inadvisable to hold the Auction as scheduled, without liability to any bidder, prospective bidder, or anyone else. Auctioneer’s timekeeping device is the official time-keeping device for this Auction and will determine priority of bids placed roughly at the same time and when timeframes in this Auction have been met.  


  1. End of Auction.  

    1. Auctioneer may send out an email alerting bidders to the fact that bidding is slowing down or that the lot-by-lot closing period is nearing, but it is not a guaranteed alert or one that should be interpreted as signaling a set amount of time remaining in the Auction. When the Auction has closed, no further bidding is permitted and a message will appear online stating that all bidding is closed in this Auction.  

    2. AUCTIONEER recommends that bidders leave maximum bids utilizing the available automatic bidding system to help avoid being outbid as the Auction draws to a close.  

    3. In the event of a service disruption, an act of God, or any other circumstance beyond the control of Auctioneer whatsoever, which the Auctioneer, in its sole determination and at its sole discretion, at any time decides makes it inadvisable to end the Auction as outlined above, the Auctioneer reserves the exclusive right to make a commercially reasonable effort to remedy the situation, including, but not limited to, ending the Auction early or extending the Auction for any amount of time that Auctioneer deems appropriate under the circumstances.


  1. Minimum Bid Increments. Bids update in “real time” on the Auction Website, and in order to top the current bid, you must conform to the next bidding increment. Different lots may have different bidding increments as indicated for each lot.  “Real time” is subject to normal delays on the Internet, including relating to one’s computer or device processing speed, internet connection speed, delays and interruptions, and other Internet connectivity issues beyond the control of Auctioneer. All bids are subject to applicable taxes and applicable shipping and handling, as described further below in these Terms. 


  1. Bids Not Revocable. No retractions of bids are permitted. There is a multi-layer authentication system in place for the placing of bids in the Auction online. Once a bid has been placed online, it may not be retracted by the bidder. Do not place a bid unless you are willing and able to purchase the entire lot of items up for bid in that lot at the price stated in your bid plus any applicable federal, state or local taxes or transfer fees on such amount. All bids submitted are irrevocable. If you have any questions about the lot up for bid and/or these Terms, please contact Auctioneer before placing a bid.  Notwithstanding any other provision, Auctioneer reserves the right, in its sole discretion, to reject any bid, to cancel or reverse any bid or apparent winning bid, and to reopen or re-run bidding on any lot, in the event of a technical malfunction, suspected fraud or collusion, or a manifest error in a bid or lot listing. A rejected or cancelled bid confers no rights on the bidder   


  1. Withdrawal; Cancellation of Sale. Auctioneer reserves the right, in its sole discretion and without liability, to withdraw any lot from the Auction at any time before the winning bid is confirmed, and to decline, cancel, void, or rescind any bid or sale, before or after the close of the Auction, where a lot is withdrawn, a listing or bid contains a manifest error, a bidder is or becomes ineligible, or Auctioneer reasonably suspects fraud, collusion, or a violation of these Terms or applicable law. If a sale is cancelled or rescinded after payment, Auctioneer’s sole obligation, and the bidder’s exclusive remedy, shall be a refund of amounts paid for the affected lot. Auctioneer may re-list any withdrawn, unsold, or cancelled lot in this or a future auction.


  1. Bid Notifications. The Auction system will send bidders bid confirmations and outbid notices they can view in the online auction portal over the Internet and to the email address in the bidder’s auction account. Auctioneer does not guarantee, represent or warrant notices will be timely delivered or received. By way of example, an automated email confirmation or notice may not be received or may be delayed for a number of reasons, including, but not limited to, the computer or device settings of recipients, which sometimes interpret system email as spam, or disruptions in the internet service. Auctioneer recommends that bidders do not rely exclusively on outbid notices (regardless of form sent) and actively check the status of their bids online on the Auction Website. 


  1. Opening Bids and Reserve Amounts. Each lot in this Auction is accompanied by an opening bid (meaning a minimum bid amount). Select lots may have a reserve placed on them, which means that the lot will not be sold until a bidder bids an amount equal to or greater than the reserve amount. The absence of a reserve when the Auction commences and early in the Auction process should not be interpreted as there being no applicable reserve. Lots subject to a reserve will be clearly designated as subject to a reserve (or using similar language) on their individual pages online. Until such time that the confidential reserve is met, the lot page will display "Reserve Not Met" directly underneath the current bid. Bidders may continue to bid on such lots using all available bid increments. 


  1. No House Bids. The Auctioneer and Administrator are not executing bids and are not competing with bidders.  


  1. Shipping and Handling Costs. Items will only ship once paid in full. As a convenience for bidders, Auctioneer utilizes a standardized fee schedule for packing, shipping, and insurance based on the total invoice amount (across all lots of the bidder), with an exception as noted below. 


This standardized fee schedule is $25 per invoice valued at less than $500; 

$50 per invoice valued between $500 and $999; 

$75 per invoice valued between $1,000 and $2,499; 

$Amounts to be determined for higher invoices. 

  

Items of significant value requiring bonded, insured, and/or secured transport may require special carrier arrangements. Winners of these lots may be billed for packing, shipping, and insurance charges with a separate shipping invoice (to allow Auctioneer to communicate with winners to be responsive to their shipping preferences). Unless requested and paid specifically by the bidder, or coming within the exception, other items are not insured in transit to the winning bidder. Auctioneer will ship using the carrier or carriers of its election and subject to availability for the intended destination.  

  1. Sales Tax. Applicable state sales tax will be collected based on the destination of the lot to a bidder, which is assumed to be the shipping address provided when the auction account is created by the bidder. Applicable sales tax will be visible on your invoice sent to you for a lot if you are the winning bidder. We encourage you to contact your accountant for a complete understanding of the sales tax that would be due from you prior to bidding if you have questions about the amount that would be due based on your shipping address. 

  2. ALL SALES ARE FINAL. No returns are accepted.

  3. Payments. Payment in full is due in United States Dollars in immediately available funds by 11:59:59 PM ET Time on the next business day after the day you receive an invoice for the lot won. The invoice is different than the notice you receive you are the winning bidder. The invoice will include applicable tax and shipping charges. 

  4. Shipment. Shipment of items occurs as soon as possible after payment in full clears, usually within several days after the payment is deposited/initiated.  

  5. Failure to Pay. If a winning bidder does not honor his or her bid with payment in full pursuant to Section 16 above, Auctioneer is entitled, at its sole discretion, to (i) sell the given item(s) to an underbidder (without notice to the non-paying bidder), (ii) reoffer the given lot(s) in a future auction, and/or (iii) hold the defaulting bidder liable for the entire purchase price. Non-paying bidders should also expect to have future bidding privileges revoked. Auctioneer reserves the right to charge a non-paying bidder Auctioneer’s costs of collection and legal expenses to enforce the bidder’s payment obligations under these Terms, which shall be deemed to be part of the bidder’s obligation to pay Auctioneer in full. 

  6. Transfer of Title. Title and risk of loss for any lot remains with Auctioneer and shall not pass to the successful bidder until the lot is paid for in full (including applicable taxes and shipping costs) and the lot is deposited with the shipping carrier. All invoices must be paid in full before items from that invoice are shipped to the successful bidder.

  7. Catalog; Item Descriptions; Errors. Auctioneer may show Auction lots available on the Auction Website. Any item description statement made by Auctioneer is a statement of opinion and does not constitute a warranty or representation regarding the item. All measurements in a lot description and colors are approximate. Auctioneer takes care and makes reasonable efforts to accurately reflect lot information in its catalog and lot descriptions; however, human error is possible from time to time and Auctioneer reserves the right to correct any errors that come to its attention at any time, but makes no guarantee that all errors will be observed and corrected. 

  8. Lot Condition.  All lots are sold “as is” without any representation or warranty by the Auctioneer. 

  9. No Third Party Beneficiary. No third party may rely on any benefit of these Terms, and any rights and obligations established under these Terms are personal to the bidder and Auctioneer. The bidder may not make an assignment of its rights and obligations hereunder.   

  10. Amendments; Waivers. No employee of Auctioneer may alter these Terms orally or in writing. Any amendment or waiver under these Terms by Auctioneer shall not be binding on Auctioneer unless authorized in writing and signed by a principal of Auctioneer. Auctioneer's failure to enforce any right provided herein or to which it is entitled at law or equity will not constitute a waiver of that right or of any other rights to which it is entitled.

  11. Applicable Law; Venue. 

    1. These Terms form a binding legal contract between you and Auctioneer with respect to their subject matter and will be governed under the internal laws of the State of New York and shall for all purposes be governed by and construed in accordance with the laws of the State of New York without regard to any other jurisdiction's principles of conflicts of law. 

    2. Each bidder hereby submits to the exclusive jurisdiction of the courts of the State of New York for the purposes of all legal proceedings arising out of or relating to these Terms or the transaction contemplated hereby. Each bidder hereby irrevocably waives, to the fullest extent permitted by applicable law, the right to a trial by jury, the right to bring a claim against Auctioneer as part of a class action, and indirect, consequential, special or punitive damages against Auctioneer, and any objection that they may now or hereafter have to laying of the venue of any such proceedings brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. 

    3. In the event Auctioneer takes or maintains any action to enforce its rights hereunder and prevails thereafter, the bidder shall reimburse Auctioneer for its reasonable costs and expenses incurred, including, without limitation, attorney’s fees and costs.

    4. These Terms have been prepared in the English language, communications in connection with the Auction shall be in English, and all amounts for lots and due to Auctioneer are represented in United States Dollars. Auctioneer is headquartered in the United States and offers the Auction to a U.S. audience. Any foreign bidder bids in the Auction at their own discretion and subject to any local laws applicable to them in their jurisdiction. 

  12. Severability. If any part of these Terms shall be held unenforceable, the remainder of the Terms shall nevertheless remain in full force and effect and, to the extent permissible under applicable law, such unenforceable provision or provisions shall be deemed revised to the minimum extent possible to permit enforcement of such provision on terms as near as possible to such provision as originally drafted.

  13. No Warranties. Auctioneer is not the creator or manufacturer of items sold at auction and does not warrant them in any manner. Bidder acknowledges and agrees that the items are auctioned and sold without warranties or guarantees. AUCTIONEER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE AND/OR PARTICULAR PURPOSE. AUCTIONEER MAKES NO WARRANTY AS TO THE AUTHENTICITY OF THE ITEMS AND DISCLAIMS ALL LIABILITY FOR COUNTERFEIT OR INFRINGING ITEMS. The online auction platform and auction catalog are provided “as is” with all faults and Auctioneer does not represent, warrant or guarantee that they will be error-free, that any errors brought to Auctioneer’s attention will be corrected, or that Auctioneer’s website will operate uninterrupted. 

  14. Limits on Liability. 

    1. In no event will the liability of Auctioneer and its service providers supporting this Auction exceed the purchase price paid for any lot. Any issue with any lot must be communicated to Auctioneer by email within seven (7) days of receipt of that item at the designated shipping address. After that time, failure to notify Auctioneer during the prescribed time will indicate acceptance of the item as is. Auctioneer accepts no responsibility for issues with items sent to third parties. In the event Auctioneer cannot deliver a lot or it is subsequently established that the lot lacks title, or another transfer or condition issue is claimed, Auctioneer’s liability shall be limited to rescission of sale and refund of purchase price; in no case shall Auctioneer’s maximum liability exceed the high bid on that lot, which bid shall be deemed for all purposes the value of the lot.  

    2. AUCTIONEER SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, PROFITS, OR BUSINESS OF BIDDER OR ITS AGENTS, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH, THE PURCHASE OF ANY ITEM OR FOR ANY FAILURE TO SELL ANY ITEM FOR ANY REASON, WHETHER OR NOT AUCTIONEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AMOUNT OF AUCTIONEER'S CUMULATIVE LIABILITY FOR ANY LOSSES OR DAMAGES RECOVERABLE BY BIDDER WITH RESPECT TO AN ITEM WILL NOT EXCEED THE WINNING BID AMOUNT FOR THE ITEM.

  15. Force Majeure. Auctioneer shall not be liable for any delay or for any consequence of any delay in the holding of the Auction, for any early termination of the Auction or consequences of early termination or for the delivery of any items, if such delay shall be due to acts of God, acts of terrorism, acts of a public enemy, changes in law, wars, floods, fires, storms, pandemics, epidemics, outbreaks, strikes, labor stoppages, lockouts, local or national emergencies, significant interruptions of transportation, freight embargoes or failures, exhaustion or unavailability on the open market of services necessary for the performance of any provision hereof, or the happening of any material and reasonably unforeseeable act, misfortune, or casualty by which performance hereunder is delayed or prevented. If any such delay occurs, then Auctioneer's period for performing its obligations shall be extended as it may reasonably require to complete the performance of its obligation.

  16. Binding Terms; Additional Terms. Any bidder who registers to participate in the Auction as a bidder, or bids in this Auction, agrees to be bound by and accepts these Terms. If you do not agree to any part of these Terms, please notify Auctioneer. Participating in the Auction is also subject to the Website Terms of Use and Privacy Policy on https://proximospirits.com/terms-of-service/ and https://proximospirits.com/privacy-policy/. In the event of any conflict between these Terms and the Website Terms of Use, as regards this Auction, these Terms will control.

  17. Contact. For purposes of these Terms of the Auction, when you contact Auctioneer, please contact us by email at info@pendletonwhisky.com. Emails will be addressed between 9 a.m. ET and 5 p.m. ET on weekdays. Emails may not be addressed on holidays. Responses may be delayed depending on volume of inquiries.