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Terms and Conditions of Sale​

INTRODUCTION

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

 

1. BINDING CONTRACT

By registering and bidding, you enter into a legally binding contract and agree to accept all terms and conditions outlined herein.

  • COMMUNICATION CONSENT: Registration grants Donley Auction Services permission to contact you via email or text message regarding invoices, upcoming auctions, and company updates.

  • MEDIA RELEASE: By entering the auction premises, all attendees, bidders, and guests consent to being photographed, filmed, and/or audio-recorded. Registration and/or attendance constitutes irrevocable permission for Donley Auction Services to use your likeness, voice, and image in any promotional, marketing, digital, or broadcast media worldwide without compensation.

 

2. BUYER’S PREMIUM & FEES

A standard Buyer’s Premium (BP) is added to the hammer price of every lot. Total premiums vary based on your bidding platform and payment method as follows:

  • IN-HOUSE, PHONE, & ABSENTEE BIDDING:

    • 22.5% total BP when paying with a Credit Card.

    • 18.0% total BP when paying with Cash, Check, or Wire Transfer (reflects a 4.5% cash discount).

  • DONLEY AUCTIONS PLATFORM (bid.donleyauctions.com):

    • 25.5% total BP when paying with a Credit Card via our online checkout system.

    • 21.0% total BP when paying with Cash, Check, or Wire Transfer (reflects a 4.5% cash discount).

  • THIRD-PARTY PLATFORMS (LiveAuctioneers, Proxibid, HiBid):
    Please Note: External platforms charge independent software and convenience fees that Donley Auctions does not control.

    • Approximately 27.5% total BP when paying via online credit card checkout.

    • 23.0% total BP when paying with Cash, Check, or Wire Transfer (reflects a 4.5% cash discount).

  • INVALUABLE/AUCTIONZIP:
    Please Note: External platforms charge independent software and convenience fees that Donley Auctions does not control. Their exact final fee is explicitly displayed on your bidding panel prior to bid confirmation.

    • Approximately 22.5% BP when paying via online credit card checkout, PLUS platform fee below.

    • Approximately 18% BP when paying with Cash, Check, or Wire Transfer, PLUS platform fee below.

Invaluable/AuctionZip’s Variable Platform Fee Structure:

    • Lot totals $200.00 and under: Flat $10 platform fee

    • Lot totals $200.01 – $9,999.99: 5% platform fee

    • Lot totals $10,000.00 and over: Capped at a $500 platform fee

 

3. DISCLAIMER: MULTIPLE BIDDING PLATFORMS

Donley Auctions utilizes multiple synchronized bidding platforms. To ensure fairness, bidders must acknowledge the following:

  • COMPETING BIDS: Absentee bids placed on one platform will compete actively with live bids and pre-bids from other platforms.

  • REAL-TIME DELAYS: Electronic platforms are subject to internet latency. Even if your screen indicates you are the high bidder, the auctioneer may have already accepted a competing bid from the floor, phone, or an alternate platform.

  • TIE BIDS: In the event of a tie bid or identical bid amounts, the Auctioneer retains sole discretion to accept the first bid recognized by the clerk. This includes pre-bids or absentee bids placed days or weeks in advance; early electronic submission timestamps do not grant automatic priority or preference over other active bids.

  • RECOMMENDATION: To secure your items, bidders are strongly encouraged to bid LIVE or enter a true maximum absentee bid amount.

 

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

  • ALL SALES FINAL: All property is sold AS IS, WHERE IS. There are absolutely no refunds, exchanges, or returns for any reason.

  • NO WARRANTIES: Donley Auctions makes no representations or warranties of merchantability or fitness for a particular purpose. The bidder is the sole judge of value, condition, age, authenticity, and origin. The absence of a condition report does not imply that a lot is free from wear, imperfections, or the effects of aging.

  • INSPECTIONS & REPORTS: Descriptions and photos are courtesy estimates. Items valued under $1,000 are collated only upon explicit request. We strongly encourage in-person inspection during previews. Off-site bidders assume responsibility for requesting a formal condition report via email (Info@DonleyAuctions.com) prior to bidding. Donley Auctions is not responsible for errors or omissions in catalog descriptions.

  • COPYRIGHTS & IMAGE USE:

    • NO TRANSFER OF RIGHTS: Buying a physical item does not transfer any copyright or reproduction rights to the purchaser.

    • OUR PHOTOS ARE PROTECTED: All photographs, graphics, and descriptions in our catalogs are the exclusive intellectual property of Donley Auction Services and our photographers. Purchasing an item does NOT grant you the right to use our photos for resale listings, commercial marketing, or personal use.

    • ARRANGEMENTS REQUIRED: If you wish to utilize any auction photographs, you must contact our office prior to use to request permission and make formal arrangements with the photographer.

    • DONLEY PROMOTIONAL RIGHTS: Donley Auction Services retains the permanent, unrestricted right to feature images and descriptions of all sold lots in past auction archives, on social media, and in future promotional or broadcast materials.

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5. BIDDING MECHANICS & RESERVES

  • RESERVES: Certain lots may be subject to a confidential minimum price (reserve). The auctioneer reserves the right to open bidding below the reserve and bid on behalf of the seller up to the reserve amount.

  • UNRESERVED LOTS: For lots without a reserve, bidding generally opens at half of the low estimate. If no bid is received, the auctioneer may pass or reverse-bid until an opening bid is established.

  • PASSING OF TITLE: The highest bidder acknowledged by the auctioneer shall be the purchaser. Title passes immediately upon the fall of the auctioneer’s hammer, at which point the buyer assumes full risk, liability, and responsibility for the lot.

  • DISPUTES: The auctioneer has final, absolute discretion to resolve active bidding disputes or re-offer a lot. In all post-sale disputes, the Tie Bid policy outlined in Section 3 applies, and Donley Auction Services’ official sale record is definitive.

 

6. PAYMENT POLICY

  • INVOICING TIMELINES:

    • DONLEY PLATFORM, IN-HOUSE, & MOST THIRD-PARTY PLATFORMS: Invoices are transmitted via email shortly after the sale concludes, typically within one hour of the auction's conclusion.

    • LIVEAUCTIONEERS DELAYS: Due to additional manual steps required by LiveAuctioneers' "LiveShipping" program, these invoices cannot be sent the night of the sale. Bidders utilizing LiveAuctioneers will receive their invoices via email, typically within 1 to 2 business days following the auction.

  • PAYMENT DEADLINES: Payment or payment confirmation is due within 24 hours of receiving your invoice.

  • CASH/CHECK DISCOUNT VERIFICATION: To qualify for the discounted cash buyer’s premium, you must contact our office at 815-923-7000 within 24 hours of receiving your invoice to confirm your intent to pay via Cash, Cashier's Check, Money Order, or Wire Transfer. Wire Transfers incur a $15 fee. Cashier's Checks and Money Orders must be sent via Priority or Express Mail with tracking.

  • AUTOPAY & PRE-AUTHORIZATION: For platforms utilizing automated payment systems (e.g., LiveAuctioneers, Proxibid), the card provided at registration may be automatically charged 72 hours post-auction if alternative payment has not been finalized. Bidders grant Donley Auction Services irrevocable pre-authorization to charge the card on file for the full invoice amount, including premiums, taxes, and fees.

  • SALES TAX: A 7.25% Union, IL sales tax applies to all Illinois residents and all in-person pick-ups. Applicable state sales taxes will be collected for out-of-state online buyers as required by law, unless a valid, signed resale certificate is filed with our office before the auction begins.

  • HIGH-VALUE PURCHASES: All invoices exceeding $10,000, or any invoice containing Coins and Currency, must be settled exclusively via Wire Transfer, Cash, or Certified Funds.

  • FIREARM LICENSE COMPLIANCE: A signed Federal Firearms License (FFL) is required for all firearm purchases within 2 days of the auction conclusion, regardless of the vintage (excluding most antiques and verified Curios & Relics eligible items). If a valid C&R license is not held, a standard FFL must be provided. Email all licenses directly to Shipping@DonleyAuctions.com with the customer's full name in the message body.

  • DECLINES & CHARGEBACKS: If a credit card is declined, an alternative valid payment method must be provided immediately. Disputing a valid credit card charge for auction purchases constitutes a material breach of contract. The bidder will be held liable for all legal, collection, and administrative fees incurred by Donley Auction Services in resolving the matter.

 

7. NON-PAYMENT & REMEDIES

If an invoice is not settled in full with cleared funds within 5 business days of the auction date, Donley Auction Services reserves the right to exercise any or all of the following remedies:

  • LATE FEES: Assess a late fee of 1.5% per 15 days on the outstanding balance.

  • ACCOUNT DISPUTES: File a "Non-Paying Bidder" dispute with the respective bidding platforms, which may result in a permanent blacklist across global auction networks.

  • RESALE & DEFICIENCY: Cancel the sale or resell the property at public or private auction. The original defaulting buyer remains liable for any financial deficiency, plus handling charges and commissions from both sales.

  • LEGAL ACTION: Initiate legal proceedings for the recovery of the total balance due, including accumulated interest, court costs, and reasonable attorney fees.

  • SECURITY INTEREST: The purchaser grants Donley Auction Services a security interest in any of their property currently in our possession, which may be retained as collateral until all debts are satisfied.

 

8. SHIPPING POLICY

CRITICAL: Donley Auctions In-House Shipping costs are not included in your auction invoice. Shipping is handled as a separate transaction through our fulfillment partner, Shipping Saint.

  • LIVEAUCTIONEERS OPT-OUT REQUIRED: If you are bidding via LiveAuctioneers, you must select "Arrange Your Own Shipping" or "Local Pickup" during their checkout process. This action explicitly alerts our warehouse team to pack your items internally.

  • THIRD-PARTY SHIPPING LIABILITY: If you fail to opt out and instead pay LiveAuctioneers directly for their automated shipping, your items will be turned over to their external carrier network. Donley Auctions disclaims all liability for third-party packing methods, transit times, rates, or any damage/loss incurred during transport.

  • THE IN-HOUSE SHIPPING PROCESS: Once your auction invoice is settled in full, our shipping department will custom-pack your items. When your package is ready, you will receive a separate shipping invoice via text and email from Shipping Saint containing your tracking number and a secure payment link.

  • FULFILLMENT TIMELINE: Please allow 2 to 4 weeks from the date your auction invoice is paid for our shipping department to securely pack your items. We handle a high volume of fragile goods, and careful packing takes time.

  • OVERSIZED FREIGHT RESTRICTIONS: We do not pack or ship furniture, items weighing over 100 lbs, or excessively large or fragile freight. Buyers are entirely responsible for hiring independent third-party freight carriers. A list of recommended local haulers is available upon request.

  • INTERNATIONAL RESTRICTIONS: Single items valued over $2,499 cannot be shipped via standard domestic carriers (USPS/FedEx) to international destinations. These must be managed by an international customs broker arranged entirely by the buyer.

  • FIREARM & HAZMAT RESTRICTIONS: Firearm shipments may not include tracking information due to carrier and security regulations. California residents must provide an FFL for ammunition purchases. We cannot ship ammunition to Alaska or Hawaii. Under no circumstances can Donley Auctions pack or ship primers, reloading components, or any form of black powder.

 

9. LOCAL PICK-UP & STORAGE FEES

  • BY APPOINTMENT ONLY: Buyers electing local pickup must contact Shipping@DonleyAuctions.com within 24 hours of receiving their invoice to schedule an appointment. You must notify us within this 24-hour window to decline shipping; otherwise, you may be charged for any packing materials and labor already expended on your lots.

  • STORAGE DEADLINES: Due to strict warehouse space constraints, all items must be retrieved or shipping arrangements finalized within 5 days of the auction.

  • STORAGE PENALTIES: Items left uncollected after 5 days will incur a storage fee of $20 per day, per lot. Items left uncollected after 30 days will be legally deemed abandoned and may be sold or disposed of without notice to recover storage costs.

 

10. AUCTIONEER DISCRETION

Donley Auction Services maintains absolute authority over the auction process. We reserve the right to refuse admission to the premises, reject any registration, deny bidding privileges to any individual, withdraw or re-catalog items prior to sale, or extend/restart an auction in the event of technical disruptions or unforeseen operational events.

 

11. LIABILITY & LEGAL VENUE

  • LIMITATION OF LIABILITY: If a purchased lot is stolen, lost, damaged, or cannot be delivered in its original condition prior to pickup or shipping, Donley Auction Services’ maximum liability shall be limited strictly to the actual financial amount paid by the purchaser for that lot.

  • SEVERABILITY & GOVERNING LAW: These Conditions of Sale are governed by and construed under the laws of the State of Illinois. Any legal actions or proceedings arising from these terms shall be brought exclusively in the courts of McHenry County, Illinois. If any provision is deemed invalid or unenforceable, the remaining terms shall continue in full force and effect.

 

CONTACT US

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