Terms of Service

Terms and Conditions of Registration, Subscription and/or Use of Corktraders, Inc. Services
Corktraders, Inc. is also referred to as www.corktraders.com, www.corktraders.org, www.corktrader.com; www.corktrader.net; www.corktrader.org; www.corktrade.com, www.corktrade.net, www.corktrade.org and Corktraders.

THE FOLLOWING DESCRIBES THE TERMS OF WHICH CORKTRADERS.COM ALLOWS ACCESS TO OUR SERVICES.
BY USING THIS SITE AND/OR CORKTRADERS, INC. SERVICES, YOU ACCEPT THE TERMS AND CONDITIONS CONTAINED ON THIS WEBSITE.
The Terms and Conditions may be amended at any time without notice.

1. You must be at least 21 years old to use Corktraders, Inc. services.

2. Eligibility for use of the corktraders.com website and or any services offered now and in the future by Corktraders.com and its associates and affiliates: www.corktraders.com; www.corktraders.org; www.corktrader.com; www.corktrader.net; www.corktrader.org; www.corktrade.com; www.corktrade.net, www.corktrade.org and Corktraders services are available only to individuals and companies who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to anybody under the age of 21. If you do not qualify, do not use our services. Corktraders, Inc. reserves the right to refuse all services (such as, but not limited to listings, chat, and trading) to anyone at any time, at our sole discretion.

3. The use of Corktraders, Inc. services are included within a standard paid membership, but is subject to change. Unless otherwise stated, any listing or available bottle/cases trade item can be located anywhere in the world. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur within a trade, procure a listing from Corktraders.com or access our servers. We may at our sole discretion add, delete or change some or all of our services at any time without notice.

4. The Corktraders, Inc. web site is a forum for connoisseurs, collectors, or businesses to conduct a trade, or swap bottle(s) or cases of wine that involves no monetary money exchange between the trader/traders. A member that chooses to offer an item available for trade may post the item(s) in their Corktraders, Inc. “personal cellar” and it will automatically be listed in the Corktraders, Inc. “main cellar” listings. A member can offer another member an item(s) listed in their personal cellar as a trade for an item(s) found in another members cellar. Members may accept, decline or propose a counter offer during the transaction process. Corktraders, Inc. is not involved in the actual transaction between traders. As a result, Corktraders, Inc. has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of traders to list item(s) or the ability of traders to accept item(s). We cannot and do not control whether or not members will complete the transaction of the item(s) that have been accepted or follow the delivery arrangements the parties have agreed upon.

Because user authentication on the Internet is difficult and therefore not guaranteed, Corktraders, Inc. cannot and does not confirm that each user is who they claim to be. Therefore, because you must be careful in dealing with other users to avoid fraud, we have established a user-initiated feedback system to help you evaluate whom you are dealing with. Corktraders, Inc. monitors this user-feedback system. Please be cautious whenever dealing with somebody you do not know. If you have any concerns about your trading partner, please consider the use of a third party escrow service or services that provide additional user verification.
Because Corktraders, Inc. is not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release Corktraders, Inc., our agents and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. For legal reasons, we cannot nor do we try to control the information provided by other users which is made available through our website. Occasionally, trade listings, user feedback, and forum messages may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using our site and services. If you notice anybody not practicing any of the terms and conditions set forth on our pages, please notify us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it immediately so that the proper action can be taken.

5. As a member, if the member offering his or her trade accepts your trade you have an obligation as a member of Corktraders, Inc. website to complete the transaction. Once the trade has been accepted by both members, offers can not be modified or canceled except in exceptional circumstances such as the trader materially changed the description of the item after your trade acceptance or clear typographical errors, or when you cannot authenticate the identity of the trader. Failure to comply can result in termination of your registration and negative feedback.

6. Listings are text descriptions on Corktraders.com web site supplied by you that either;
(a) Describe the item you are listing for trade in the spaces provided, or (b) describe the item you wish to add into your wish list cellar. You may post on the Corktraders, Inc. site either or both of these listing types. If you receive one or more trade offer that meets your expectations then you are obligated to complete the transaction with the member that you are satisfied with their offer, unless there is an exceptional circumstance, such as: (i) the member fails to meet the terms of your listing (such as delivery arrangements), or (ii) you cannot authenticate the identity of the member. You may not e-mail bidders in a currently open trade, offering similar or the same items, nor may you use an alias to offer trades to any other account you may own for any reason. Without limiting any other remedies, Corktraders, Inc. may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, our sole discretion, or otherwise) to have engaged in fraudulent activity in connection with our site.

7. Your subscription information and your items listed for trade on the Corktraders, Inc. site:(a) shall not be fraudulent or involve the trade of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; shall not violate any local, state, federal or international laws, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not be obscene (this will be determined solely by the Corktraders, Inc. organization) (e) shall not contain any viruses or any other damaging computer programming routines that are intended to damage or interfere with, or expropriate any system, data or personal information; and (f) shall not link directly or indirectly to or include descriptions of goods or services that: (i) are prohibited under these Terms and Conditions; (ii) are identical to other items you have posted available for trade; (iii) are concurrently listed for trade on a website other than (iv) you do not have a right to link to or include. Furthermore, you may not post or take any action: (x) that could cause Corktraders, Inc. or the accepting member to violate any applicable local, state, federal or international laws, statute, ordinance or regulation, or (y) item that is currently prohibited. (g) solely enable Corktraders, Inc. to use your information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense able (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in your registration and subscription information, in any media now known or not currently known, with respect to your registration and subscription information.

8. No Trade Manipulation. Traders may not manipulate the value of their item, either by using a secondary account, a third party, by undermining their feedback or by any other means.

9. System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Corktraders, Inc. site or any transaction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.

10. User Feedback. You may not take any actions which may undermine the integrity of the feedback system, such as: leaving positive feedback for yourself using secondary User IDs or third parties; leaving negative feedback for other users using secondary accounts or third parties; or leaving negative feedback if a user fails to perform some action(s) that is outside the scope of the trade. If you earn negative feedback from Corktraders, Inc., your membership will automatically suspend, and you will be unable to list or trade until the Corktraders, Inc. staff has evaluated the reason for the negative feedback. A solution will be proposed by the Corktraders, Inc. staff and may lead to the termination of your account. The Corktraders, Inc. will monitor the feedback system to ensure a fair system.

11. Breach. Corktraders, Inc. reserves the right to immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current auctions, and any other information you place on the site if you breach these Terms and Conditions or if we are unable to verify or authenticate any information you provide to us.

12. NO WARRANTY. CORKTRADERS, INC. AND OUR SUPPLIERS OFFER SERVICES AND THE WEBSITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. CORKTRADERS, INC. AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USER FURTHER AGREES THAT CORKTRADERS.COM SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY IMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT CORKTRADERS, INC. SHALL NOT BE RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON CORKTRADERS, INC. OFFERS OR TRADES.

13. Please be advised that some states and countries limit the amount of alcoholic beverages that may be purchased and brought into their state or country by purchasers from another state or country without requiring the obtaining of certain licenses and/or permits by the purchaser, seller, trader and/or shipper. Corktraders, Inc., its agents or employees using the website do not bear any responsibility nor assume any obligation, as a condition of trade, for payment or collection of taxes, for applying for or obtaining any licenses or permits. Accordingly, members are advised to find out about the possibility of such limitations and to investigate the manner in which alcoholic beverages can be brought into their state or country from another state or country and to be in compliance with all of their state or country’s local, federal and international requirements.

14. LIMIT OF LIABILITY. IN NO EVENT SHALL CORKTRADERS, INC, ITS AGENTS OR EMPLOYEES OR OUR SUPPLIERS OF ANY SERVICES OFFERED BY CORKTRADERS, INC. BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. (B) $10.

15. General Compliance with Laws. You shall comply with all applicable local, state, federal and international laws, statutes, ordinances and regulations regarding your use of our service and your offers, listings, trading and shipping of all items associated with Corktraders, Inc.

16. No Agency. You and Corktraders, Inc. are independent contractors, and no affiliate relationship, agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms and Conditions.

17. Notices. Except as explicitly stated otherwise, any notices shall be given by e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it (in the case of Corktraders, Inc.) or to the e-mail address you provide to Corktraders, Inc. during the subscription process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

18. Arbitration. Any dispute or claim arising out of or relating to these Terms and Conditions shall be settled and conducted in San Bernardino, California, and judgment on the arbitration award. Either you or Corktraders, Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in San Bernardino County, California, necessary to protect the rights or property of you or Corktraders, Inc. pending the completion of arbitration.

19.General. These Terms and Conditions shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions sets forth the entire understanding and agreement between us with respect to the subject matter hereof.