Terms & Conditions | Donley Auctions
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Terms and Conditions of Sale​

INTRODUCTION

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These Terms and Conditions of Sale govern all auctions conducted by Donley Auction Services, including those conducted online, via absentee bid, by phone, and in person. Donley Auction Services acts as an agent for consignors. Any announcements made by the auctioneer on the day of the auction take precedence over any printed or online information.

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1. BINDING CONTRACT When you bid on any item, you are entering into a binding contract. By registering and bidding, you agree to accept these terms and conditions. Furthermore, by registering for an auction, you grant Donley Auction Services permission to contact you via email or text regarding invoices, upcoming auctions, and company news, including the Donley Auctions Unfiltered podcast.

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2. BUYER’S PREMIUM & FEES A Buyer’s Premium (BP) of 18% is added to the hammer price of every lot. Additional fees apply based on your bidding method and payment type:

  • In-House, Phone, and Absentee Bidding: 18% BP for Cash/Check | 22.5% Total for Credit Card (includes 4.5% CC fee).

  • Online Bidding (Donley Platform): 21% Total for Cash/Check | 24% Total via Online Checkout (3% CC fee) | 25.5% Total via Manual/Phone Payment (4.5% CC fee).

  • Third-Party Platforms (i.e. LiveAuctioneers, AuctionZip, Invaluable, Proxibid, HiBid): 23% Total for Cash/Check | 27.5% Total for Credit Card (4.5% CC fee).

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3. DISCLAIMER: MULTIPLE BIDDING PLATFORMS Donley Auctions uses multiple bidding platforms for our auctions (e.g., LiveAuctioneers, Proxibid, and In-House). To ensure fairness and transparency, bidders should be aware of the following:

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  • Competing Bids: Absentee bids placed on one platform may compete with the highest bidder on other platforms.

  • Real-Time Delays: Platforms are not always synchronized in real-time. A bidder may not be the highest bidder even if their screen shows they are, as the auctioneer may have accepted a bid from the floor, a phone, or another platform.

  • Tie Bids: In cases where identical bids are received at the same time, the Auctioneer has sole discretion to accept the first bid recognized by the clerk. Donley Auctions cannot guarantee the order in which bids are received electronically.

  • Recommendation: To avoid potential disappointment, bidders are encouraged to bid LIVE or place their maximum absentee bids well in advance.

 

4. ITEM DESCRIPTIONS & CONDITION ("AS IS")

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  • All Sales Final: All property is sold 'AS IS', 'WHERE IS.' There are absolutely NO REFUNDS, EXCHANGES, OR RETURNS on any items.

  • No Warranties: Donley Auctions makes no representations or warranties of merchantability or fitness for a particular purpose. The bidder shall be the sole judge of value, condition, age, genuineness, and origin. The absence of any reference to the condition of a lot does not imply that the lot is in perfect condition or completely free from wear and tear, imperfections, or the effects of aging. 

  • Copyrights & Images: Donley Auction Services and its consignor(s) make no representation that the purchaser will acquire any copyright or reproduction rights. Donley Auction Services expressly reserves the right to reproduce any image of the lots sold in the catalogue.

  • Inspections: Descriptions and photos are provided as a courtesy. Items under $1,000 are collated only upon request. We strongly encourage bidders to inspect items in person during previews. Bidders who bid off-site understand that they may not be able to inspect an item as fully as in person. It is the Bidder's responsibility to request condition reports via email at Info@DonleyAuctions.com BEFORE bidding.

  • Errors: Donley Auctions is not responsible for errors or omissions in the description.

 

5. BIDDING MECHANICS & RESERVES

  • Reserves: Some lots are subject to a confidential minimum price (reserve). The auctioneer may open bidding below the reserve and continue to bid on behalf of the seller up to the amount of the reserve by placing consecutive bids or responding to other bidders.

  • Unreserved Lots: For lots offered without reserve, the auctioneer will generally open bidding at half of the low estimate. In the absence of a bid, the auctioneer may proceed backwards until a bid is recognized.

  • Successful Bid: The highest bidder acknowledged by the auctioneer will be the purchaser. Title passes upon the fall of the auctioneer’s hammer, at which point the bidder assumes full risk and responsibility.

  • Tie Bids & Disputes: In a tie bid, the winner is determined by the auctioneer at his/her sole discretion (generally the first bid recognized by the clerk). The auctioneer has final discretion to resolve disputes between bidders or reoffer the lot. In any post-sale dispute, the Donley Auction Services sale record is conclusive.

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6. PAYMENT POLICY

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  • Invoicing: Invoices are sent immediately after the auction concludes.

  • Deadline: Payment is due within 24 hours of the auction end.

  • Payment Methods: We accept major credit cards. 

    • The Donley Platform Advantage: Lower processing fees apply ONLY when paying directly through the Donley Platform secure link.

    • Third-Party Platforms: Payments made through LiveAuctioneers, Proxibid, or other third-party checkouts will include their respective platform convenience fees.

    • Manual/Phone Payments: Credit card payments made over the phone or in-person incur a 4.5% manual processing fee.

    • Cash/Check: If you wish to pay via Cash, Cashier's Check, or Money Order (to save processing fees), you must contact the office at 815-923-7000 within 24 hours. IMPORTANT: Cash, Cashier's Check, or Money Orders must be mailed via Priority or Express Mail to ensure timely receipt.

  • Autopay: For platforms with Autopay (e.g., LiveAuctioneers), credit cards on file will be charged automatically 72 hours after the auction if no other arrangements are made.

  • Sales Tax: Sales tax is calculated based on the destination address unless a valid resale certificate is on file prior to the auction.

  • Valid Payment Method: Bidders are responsible for ensuring the credit card on file is valid and has sufficient funds. If a credit card is declined:

    • The bidder must provide a new valid payment method immediately.

    • Donley Auctions reserves the right to file a "Non-Paying Bidder" dispute if payment is not resolved within 24 hours of the decline.

    • Multiple failed attempts or non-payment may result in a permanent ban from future Donley Auctions events.

  • High-Value & Specialty Purchases: All purchases of Coins, Currency, or any single invoice exceeding $10,000 must be paid via Wire Transfer, Cash, or Certified Funds.

 

7. NON-PAYMENT & REMEDIES If we do not receive payment in full, in good, cleared funds, within FIVE (5) business days, Donley Auction Services is entitled to exercise one or more of the following:

  • Late Charges: Impose a charge of 1.5% per 15 days of the total purchase price.

  • Legal Action: Hold the buyer liable for the total amount due and begin legal proceedings for recovery, including interest, legal fees, and costs.

  • Resale: Cancel the sale or resell the property (publicly or privately). The original purchaser remains liable for any deficiency, handling charges, and commissions on both sales.

  • Security Interest: The purchaser grants us a security interest in any of their property in our possession, which we may retain as collateral.

  • Other Actions: Offset amounts owed against any future credits, ban the buyer from future auctions, or take any other action deemed necessary.

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8. SHIPPING POLICY IMPORTANT: Shipping procedures may vary slightly depending on the bidding platform used. Please read the specific instructions on your platform's checkout screen.

 

A. How to Use Donley In-House Shipping We offer professional, careful, and consolidated in-house shipping for most small-to-medium items.

  • Platform Selection: If paying via a third-party platform (like LiveAuctioneers), you must opt-out of their automated shipping by selecting "Arrange Your Own Shipping" or "Local Pickup". This signals our office to pack your item.

  • Separate Transaction: Shipping is NOT included in your auction invoice. Once your item is packed, you will receive a separate invoice via text/email from "Shipping Saint" containing the shipping cost and a payment link.

 

B. General Shipping Terms (Applies to All Sales)

  • Timeline: Please allow 2-4 weeks for our Shipping Department to pack your items. We handle a high volume of fragile items, and careful packing takes time.

  • Tracking: You will receive tracking information via email/text once the shipping invoice is paid. (Firearm shipments may not receive tracking info due to security regulations).

  • Standard Items: We expertly pack small-to-medium items.

  • Oversized Items: We do NOT pack or ship furniture, items over 100 lbs, or large oversized items. Buyers are responsible for hiring third-party freight transporters for these items. We can provide a list of recommendations upon request.

  • International Shipping: Single items valued over $2,499 cannot be shipped via standard carriers (USPS/FedEx). These items must ship via an international broker arranged by the buyer.

  • Third-Party Liability: If you choose to use a third-party shipping service (including "LiveAuctioneers Shipping"), Donley Auctions is not responsible for their rates, packing methods, or any damage/loss that occurs in transit.

 

9. Local Pick-Up: Pick-ups are by appointment only. If you decline shipping, you must contact us at Shipping@DonleyAuctions.com within 24 hours to schedule your pickup.

  • Storage Fees: Due to limited space, items must be picked up or shipping arrangements finalized within 5 days of the auction. Items left over 5 days will incur a $20 per day storage fee. Items left after 30 days are considered abandoned and may be sold to recover expenses.

 

10. AUCTIONEER DISCRETION

  • Refusal of Admission: Donley Auction Services has the right, at our complete discretion, to refuse admission to the premises or participation in any auction and to reject any bid.

  • Control: Donley Auctions reserves the right to withdraw or re-catalog items, end an auction early, or extend an auction due to technical issues or other unforeseen circumstances.

 

11.  LIABILITY & LEGAL TERMS

  • Purchased Lots: If, for any reason, a purchased lot cannot be delivered in the same condition as at the time of sale, or should any purchased lot be stolen, mis-delivered, or lost prior to delivery, Donley Auction Services shall not be liable for any amount in excess of that paid by the purchaser.

  • Legal Ramifications: These Conditions of Sale shall be governed by and interpreted by the laws of the jurisdiction in Illinois. If any part of these Conditions of Sale is found by any court to be invalid, illegal, or unenforceable, that part shall be discounted and the rest of the conditions shall continue to be valid to the fullest extent permitted by law.

  • Discretion: Any and all of the conditions above may be waived or modified at the sole discretion of Donley Auction Services.

 

CONTACT US Email: Info@DonleyAuctions.com Shipping Questions: Shipping@DonleyAuctions.com Phone: 815-923-7000

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