Terms & Conditions of Sale | DGW Collectibles & Estates

1.DEFINITIONS

"Lot" means each item or group of items offered for sale as a single unit.
"Hammer Price" means the winning bid for a Lot when bidding closes.
"Buyer's Premium" means the percentage of the Hammer Price stated in the auction listing.
"Purchase Price" means the Hammer Price plus the Buyer's Premium.
"Invoice Total" means the Purchase Price plus sales tax, shipping, insurance, and any other charges under these Terms.
"Platform" means the online auction platform through which an auction is conducted, such as Auction Ninja.
"Consignor" means the owner of a Lot that DGW sells on the owner's behalf.

2.ELIGIBILITY AND YOUR ACCOUNT

You must be at least 18 years old and legally able to enter into a binding contract to register or bid. You are responsible for every bid placed through your account, including bids placed by anyone you allow to use your account, login, or device, and you agree to pay for every Lot won through your account.

If you bid on someone else's behalf, you and that person are each fully responsible for payment. DGW may refuse, suspend, or limit any registration or bidding privileges at any time, and may require identity verification, a deposit, or pre-approval before accepting bids.

3.DGW'S ROLE AND BIDDING INTEGRITY

(a) Agency and ownership. DGW sells most Lots as agent for their Consignors. DGW or its affiliates may own some Lots in whole or in part, and DGW may have a financial interest in a Lot beyond its commission.

(b) Consignors are protected too. Every disclaimer and limitation of liability in these Terms protects both DGW and the Consignor of the Lot.

(c) No shill bidding. No Consignor may bid on its own Lots. Neither DGW nor anyone acting for DGW or a Consignor will bid, or arrange for others to bid, to raise the price of any Lot.

(d) No collusion. Bidders may not agree with one another to hold down bidding on any Lot.

(e) DGW may cancel any bid, and any resulting sale, that it believes was placed in violation of this Section.

4.BIDDING

(a) Bids are binding. Every bid is a binding offer to buy the Lot at the bid amount plus the Buyer's Premium, sales tax, and shipping. Bids cannot be retracted once placed.

(b) No reserve. Lots open at $0 and are offered without reserve unless the listing states otherwise.

(c) Winning bid. The highest bid accepted by the Platform when a Lot closes wins, subject to these Terms. Closing times, bid increments, and extended-bidding (soft close) rules are set by the Platform, which may change closing times on its own.

(d) DGW's discretion. At any time before a Lot closes, DGW may reject any bid, withdraw any Lot (for example, if DGW discovers damage, a cataloging error, or an ownership or authenticity question), combine or divide Lots, or correct any error in a listing. If a Platform malfunction, an obvious bidding error, or a dispute between bidders affects a Lot, DGW may void the result, reopen bidding, or offer the Lot again in a later auction. DGW's decision on any bidding dispute is final.

(e) Automatic and proxy bidding. If you use any automatic, proxy, or maximum bid feature, you are responsible for every bid placed on your behalf and agree to be bound by the results. Technical problems with the Platform, your internet connection, or your device are not grounds to cancel or reverse a bid, and DGW is not responsible for bids that are missed, delayed, or not recorded for any reason.

5.ALL LOTS SOLD AS-IS; ALL SALES FINAL

ALL LOTS ARE SOLD "AS IS," "WHERE IS," AND "WITH ALL FAULTS." ALL SALES ARE FINAL. EXCEPT AS PROVIDED IN SECTION 7 (LIMITED GUARANTEES), THERE ARE NO RETURNS, REFUNDS, EXCHANGES, OR CREDITS FOR ANY REASON ONCE BIDDING HAS CLOSED, INCLUDING CONDITION, DESCRIPTION, GRADE OR GRADING POTENTIAL, PROVENANCE, OR MARKET VALUE.

6.DESCRIPTIONS, PHOTOGRAPHS, AND YOUR DUE DILIGENCE

(a) Photographs control. The photographs are the primary description of each Lot, and you will receive the Lot shown in them. If the photographs and the written description conflict, the photographs control, except as provided in Section 7(b).

(b) Condition is opinion. Condition terms (such as Near Mint, Lightly Played, or pack fresh) and comments on centering, surfaces, edges, grading potential, rarity, or value are DGW's opinion only. DGW does not predict or guarantee the grade any item will receive from PSA, BGS, CGC, SGC, or any other grading company.

(c) Graded items. For items encapsulated by a third-party grading company, DGW relies on that company's grade and authentication and makes no representation about their accuracy. Wear, scratches, or cracks on a holder that appear in the photographs are not grounds for a return. Claims about a grade, label, or authentication decision must be made to the grading company under its own policies.

(d) Sealed product. DGW makes no guarantee about the contents of any sealed product, including pull rates or specific cards. Unless a sealed item has been authenticated by a recognized third party, statements about its seal or packaging are DGW's opinion.

(e) Bulk lots and collections. Counts, quantities, weights, and measurements are approximate. Not every item in a bulk Lot or collection is individually photographed or described, and such Lots may include damaged, played, duplicate, or non-English items.

(f) Condition reports and questions. Condition reports and answers to questions are courtesies, are DGW's opinion, and may not be available for every Lot. The absence of a condition report does not mean a Lot is free of defects. Colors and details may look different on different screens.

(g) Your responsibility. It is your responsibility to review all photographs and descriptions, ask any questions before bidding, and consult your own experts. By bidding, you confirm that you have done so.

7.LIMITED GUARANTEES

These are the only exceptions to Section 5.

(a) Counterfeit guarantee. If an item specifically identified in a Lot's title or description is determined in writing by PSA, BGS (Beckett), CGC, or SGC (or, for non-card items, by a comparable recognized authority, such as PCGS or NGC for coins or GIA for gemstones) to be counterfeit or not genuine, including a counterfeit grading-company holder, DGW will refund the Purchase Price and sales tax you paid for that item. To qualify, you must:

notify DGW by email, within thirty (30) days after delivery, that you are submitting the item for authentication;
send DGW the written determination within one hundred twenty (120) days after delivery; and
return the item in the same condition you received it (other than changes made by the grading company in reviewing it), together with the determination.

DGW may compare a returned item against its photographs and records, and may deny a claim if it cannot confirm the item is the one it sold. This guarantee does not cover alterations such as trimming, recoloring, or cleaning; differences of grading opinion; or items in bulk Lots that are not specifically identified. Grading and authentication fees and shipping costs are not refunded. If the item was part of a multi-item Lot, DGW will refund a fair share of the Purchase Price for that item, as reasonably determined by DGW, or, at DGW's option, the full Purchase Price when the entire Lot is returned.

(b) Shipping and cataloging errors. If DGW ships the wrong Lot, a package is missing an item shown in the Lot's photographs, or a Lot's title or description contains a clear factual error about a specifically identified item (such as the wrong card name, set, edition, language, or the grade printed on a holder's label), you must email DGW within three (3) days after delivery. If DGW confirms the error, DGW will, at its option, send the correct or missing item or refund the Invoice Total for that Lot. Any refund requires return of the Lot in the condition you received it, and DGW will cover the return shipping. Condition opinions, grading potential, and differences between a Lot and your expectations are not cataloging errors.

(c) Exclusive remedy. This Section 7 states DGW's entire responsibility, and your only remedy, for counterfeit items and for shipping or cataloging errors.

8.NO OTHER WARRANTIES

EXCEPT FOR THE LIMITED GUARANTEES IN SECTION 7, NEITHER DGW NOR ANY CONSIGNOR MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AS TO AGE, CONDITION, GRADE, MATERIAL, PROVENANCE, AUTHENTICITY, OR VALUE. EXCEPT AS PROVIDED IN SECTION 7, ALL CATALOG TEXT, DESCRIPTIONS, AND WRITTEN OR ORAL STATEMENTS BY DGW ARE STATEMENTS OF OPINION, NOT WARRANTIES.

BY BIDDING, YOU AGREE THAT YOU ARE RECEIVING THE EXACT PHOTOGRAPHED LOT(S), REGARDLESS OF CATALOG DESCRIPTION, SUBJECT ONLY TO SECTION 7(b).

9.MARKET VALUE ACKNOWLEDGMENT

Auction prices are set by competitive bidding and do not necessarily reflect fair market value, retail replacement value, or appraised value. By bidding, you confirm that you have independently judged each Lot's desirability and value.

You agree not to dispute a purchase or seek a refund based on overpayment, perceived overvaluation, a later appraisal, resale results, third-party opinions, a change of mind, or a claim that the Hammer Price exceeded market value.

10.BUYER'S PREMIUM AND PAYMENT

(a) Buyer's Premium. A Buyer's Premium, at the percentage stated in the auction listing and displayed on the Platform before bidding, is added to the Hammer Price of each Lot. The Buyer's Premium is part of the Purchase Price and is subject to sales tax where applicable.

(b) Payment due. Payment of the Invoice Total is due in full within twenty-four (24) hours after the auction closes. All amounts are in U.S. dollars.

(c) Card on file. By registering, you authorize DGW to charge the payment method on file with the Platform for the full Invoice Total, including the Purchase Price, sales tax, shipping, insurance, and any fees under these Terms, unless DGW has confirmed other arrangements in writing within twenty-four (24) hours after invoicing. If a charge is declined, DGW may retry it or charge any other payment method you have on file.

(d) Other payment methods. DGW may require payment by wire transfer or another method for any invoice, including high-value invoices and first purchases.

11.NON-PAYMENT

If you do not pay the Invoice Total in full when due, DGW may, in its sole discretion, either:

(a) cancel the sale, revoke your bidding privileges, and charge a relisting fee equal to twenty percent (20%) of the Hammer Price, which you agree is a reasonable estimate of DGW's lost commission and relisting costs and not a penalty; or

(b) hold you to the sale and pursue the full Invoice Total.

In either case, DGW may also recover its costs of collection, including reasonable attorneys' fees and court costs, refer the account to a collection agency, and report the non-payment to the Platform.

12.CHARGEBACKS AND PAYMENT DISPUTES

If you have a problem with a purchase, you agree to contact DGW first and give DGW at least ten (10) days to resolve it before filing a chargeback or payment dispute. Filing a chargeback without first contacting DGW, or for a Lot that was delivered in accordance with these Terms, is a breach of these Terms.

DGW will contest any such chargeback using its records, which may include your acceptance of these Terms, your bidding history, the Lot photographs, packing records, and shipping and delivery confirmations. You will remain responsible for the Invoice Total and for any chargeback fees and collection costs, and DGW may permanently suspend your bidding privileges.

13.SALES TAX

Sales tax is charged where required by law. It is calculated on the Purchase Price, including the Buyer's Premium, and, where required, on shipping and handling charges.

If you are buying for resale or are otherwise exempt, you must provide a valid, completed resale or exemption certificate (for New York, Form ST-120) before the auction closes to support@auctionninja.com. They must update your Auction Ninja profile to reflect tax exempt status; DGW is unable to make this change for you. Certificates received after an auction closes will not be applied to that auction's invoices.

14.SHIPPING AND PICKUP

(a) Shipping time. DGW ships Lots within seven (7) business days after payment clears. If DGW cannot ship within that time, DGW will notify you and give you the choice to agree to the delay or cancel the purchase for a full refund.

(b) Address. DGW ships to the address on file with the Platform. To change it, email DGW within twenty-four (24) hours after receiving your invoice. DGW is not responsible for delays or losses caused by an incorrect or incomplete address, and any re-shipping costs are your responsibility.

(c) Charges. Shipping, handling, and insurance charges are your responsibility and will be charged to your payment method on file. DGW may require a signature on delivery for any package.

(d) Refused or undeliverable packages. If you refuse delivery, or a package is returned as undeliverable, you are responsible for return and re-shipping costs. If you do not arrange re-shipment within thirty (30) days after DGW notifies you, DGW may treat the Lot as abandoned, resell it, and apply the proceeds to any amounts you owe, without refunding the Purchase Price.

(e) Pickup and client-arranged carriers. If DGW offers pickup for an auction, Lots must be picked up by appointment at a location DGW designates, or collected by a carrier you arrange, within seven (7) days after the auction closes unless DGW agrees otherwise in writing. DGW will release Lots to a carrier only on your written authorization sent from the email address on your account; that carrier acts as your agent, and DGW's shipping insurance does not apply to it. If Lots are not collected in time, DGW may ship them to your address on file and charge shipping to your payment method on file. Lots still unclaimed thirty (30) days after DGW's final notice are considered abandoned, and DGW may resell them and apply the proceeds to any amounts you owe, without refunding the Purchase Price.

(f) International. International shipping is available for an additional fee. You are responsible for all customs duties, import taxes, VAT, and brokerage fees. DGW declares the full value on customs forms and will not mark any package as a gift or understate its value. DGW does not ship to any country or person subject to U.S. sanctions or export restrictions.

15.RISK OF LOSS, INSURANCE, AND SHIPPING CLAIMS

(a) Title and risk. Title to a Lot passes to you when DGW receives payment in full. Risk of loss passes to you when the Lot is delivered to the carrier or, for pickup, when you or your agent collect it.

(b) Insurance. DGW insures each shipment for the Purchase Price of its contents, through the carrier or a third-party insurer. Because DGW purchases the insurance, all shipping claims go through DGW.

(c) Reporting a problem. If a package arrives damaged, email DGW within forty-eight (48) hours after delivery with photographs of the outer packaging, the inner packaging, and the contents, and keep the Lot and all packaging until the claim is resolved. If a package has not arrived within seven (7) days after its expected delivery date, email DGW within thirty (30) days after that expected date. You agree to cooperate with the claim, including by signing any statement the carrier or insurer requires.

(d) Claim payment. When a claim is approved, DGW will pay you the approved amount, up to the Invoice Total you paid for the affected Lot, and DGW may choose to refund you before the claim is resolved. DGW's responsibility for loss or damage in transit is limited to the amount the carrier or insurer pays on the claim.

(e) Delivered packages. DGW is not responsible for loss or theft after the carrier reports a package as delivered.

16.LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER DGW NOR ANY CONSIGNOR, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS (INCLUDING LOST RESALE PROFITS), ARISING OUT OF OR RELATING TO ANY AUCTION OR PURCHASE. THE TOTAL COMBINED LIABILITY OF DGW AND THE CONSIGNOR FOR ANY CLAIM RELATING TO A LOT WILL NOT EXCEED THE PURCHASE PRICE YOU ACTUALLY PAID FOR THAT LOT. NOTHING IN THESE TERMS LIMITS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY LAW.

17.DISPUTE RESOLUTION

(a) Informal resolution first. Before starting any legal action against DGW, you agree to send DGW written notice by email at dgwcollectibles@gmail.com describing the dispute and the relief you are seeking. You and DGW will try in good faith to resolve it informally for thirty (30) days after DGW receives the notice.

(b) One-year deadline. Any claim by you or DGW relating to an auction or purchase must be filed within one (1) year after the claim arises, or it is permanently barred.

(c) JURY TRIAL AND CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND DGW EACH WAIVE ANY RIGHT TO A JURY TRIAL, AND YOU AGREE TO BRING ANY CLAIM ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

18.GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Any claim you bring against DGW or a Consignor must be brought exclusively in the state courts located in Dutchess County, New York, or in the United States District Court for the Southern District of New York, and you irrevocably consent to the jurisdiction of those courts.

DGW may bring an action to collect amounts you owe in those courts or in any other court with jurisdiction over you, including a small claims or commercial claims court where you live or work.

19.PRIVACY AND COMMUNICATIONS

DGW uses the information you provide, such as your name, contact details, shipping address, and purchase history, to process and ship your purchases, prevent fraud, and meet legal requirements. You agree that DGW may send invoices, notices, and other messages about your purchases to the email address on file, and that these messages satisfy any requirement that notice be in writing. DGW may also email you about upcoming auctions, and you can unsubscribe at any time. DGW sends marketing text messages only to people who opt in to them separately, and that opt-in is never a condition of buying.

20.CHANGES TO THESE TERMS

DGW may update these Terms at any time by posting the updated version at terms.dgwcollectibles.com before an auction begins. The version posted when an auction begins governs that auction, including every bid and purchase in it. Changes do not apply to auctions that have already begun or to completed purchases. DGW keeps a dated copy of each prior version, available on request.

21.GENERAL PROVISIONS

(a) Entire agreement. These Terms, together with any auction-specific announcements DGW posts on the Platform before an auction begins and the information in each Lot's listing, are the entire agreement between you and DGW about their subject. They replace all prior or contemporaneous communications, representations, and agreements, whether written or oral. As between you and DGW, these Terms control over any conflicting Platform terms.

(b) Severability. If any provision of these Terms is found invalid or unenforceable, the rest of these Terms remain in full force and effect, and the affected provision will be enforced to the fullest extent permitted.

(d) Events beyond DGW's control. DGW is not responsible for delays or failures caused by events beyond its reasonable control, including Platform or internet outages, carrier delays, severe weather, or government action.

(e) Contact. Questions and notices to DGW: dgwcollectibles@gmail.com.