Terms and Conditions

Terms & Conditions — Windy City Clearance
windycityclearance.com  ·  Wholesale Liquidation Auctions
Windy City Clearance
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Terms & Conditions
Effective Date: January 1, 2025  |  Last Updated: April 2025
Please read carefully before participating. By accessing or using WindyCityClearance.com — including browsing listings, registering an account, placing bids, or purchasing items — you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions in full. If you do not agree, you must discontinue use of the site immediately.
01

Company Overview & Ownership

WindyCityClearance.com (the “Site”) is owned and operated by Secondhand Solutions, Inc., a corporation duly organized and existing under the laws of the State of Illinois (“Company,” “we,” “us,” or “our”).

Operating Entity Secondhand Solutions, Inc.
Operating as: Windy City Clearance
Website: windycityclearance.com
Primary Warehouse: 1003 W Pines Road, Oregon, IL 61061

All transactions, agreements, and legal obligations entered into through WindyCityClearance.com are with Secondhand Solutions, Inc. References to “WindyCityClearance.com,” “Windy City Clearance,” “the Company,” “we,” “us,” or “our” throughout these Terms refer collectively to Secondhand Solutions, Inc. and its authorized agents, employees, and representatives.

Secondhand Solutions, Inc. operates WindyCityClearance.com as a wholesale liquidation auction marketplace specializing in commercial, industrial, and surplus equipment. The Company reserves all rights to operate, modify, suspend, or discontinue the platform at its sole discretion.

For all legal notices, formal correspondence, or inquiries regarding ownership and corporate matters, please direct communications to [email protected].

02

Acceptance of Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “Buyer,” “Seller,” or “Bidder”) and WindyCityClearance.com (“Company,” “we,” “us,” or “our”). These Terms govern your use of our website, platform, services, and all related transactions.

By creating an account, placing a bid, listing an item, or otherwise using the platform in any capacity, you represent that you have the legal authority to enter into this agreement and that you will comply with all applicable local, state, federal, and international laws.

These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.

03

Eligibility & Registration

To participate in auctions on WindyCityClearance.com, you must:

  • Be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater
  • Be legally capable of entering into binding contracts
  • Provide accurate, current, and complete registration information
  • Maintain and promptly update your account information
  • Not have been previously suspended or removed from our platform

You are responsible for maintaining the confidentiality of your account credentials. You accept responsibility for all activities that occur under your account. WindyCityClearance.com reserves the right to refuse registration or cancel accounts at its sole discretion.

Important Business buyers and resellers are welcome. However, you are solely responsible for ensuring compliance with applicable sales tax laws, resale certificate requirements, and any applicable business licensing in your state or jurisdiction.
04

Auction Process & Bidding

All auctions on WindyCityClearance.com are conducted in accordance with the following rules:

  • Binding Bids: All bids placed are legally binding offers to purchase. By placing a bid, you commit to completing the purchase at that price should you win.
  • Reserve Prices: Some lots may have a reserve price. A lot will not be sold below its reserve price.
  • Starting Bids: Minimum bid amounts are set by the seller and displayed on each listing.
  • Bid Increments: Bids must meet or exceed the posted minimum bid increment. The system will automatically enforce this requirement.
  • Automatic Bidding: Our platform supports proxy/automatic bidding. Your maximum bid will be kept confidential; the system will bid on your behalf up to your maximum.
  • Auction Extensions: Bids placed in the final minutes of an auction may trigger an automatic time extension to ensure fair competition.
  • Winning Determination: The highest bidder at close of auction, meeting or exceeding any reserve price, is declared the winner.
  • Bid Retraction: Bids generally cannot be retracted. Any exceptions require written approval from WindyCityClearance.com management.

WindyCityClearance.com reserves the right to cancel, suspend, or re-open any auction at any time for any reason, including but not limited to technical errors, fraud, or seller withdrawal of the item.

05

Payment Terms

Winning bidders are required to complete payment within 48 hours of receiving the invoice unless otherwise stated in the auction listing.

Accepted payment methods include:

  • Major credit and debit cards (Visa, Mastercard, American Express, Discover)
  • ACH / Bank Transfer (for invoices over $500, where available)
  • Wire Transfer (for invoices over $2,500, where available)
  • Other methods as specified at checkout

All prices are in US Dollars (USD). Sales tax will be collected where required by law. Failure to remit payment within the specified window may result in cancellation of the sale, forfeiture of any deposit, suspension of bidding privileges, and possible legal action to recover damages.

Non-Payment Policy Buyers who fail to pay for won lots may be reported to credit agencies, banned from future participation, and held liable for re-listing fees, price differences on resale, and any associated costs incurred by the seller.
06

Buyer’s Premium & Fees

A Buyer’s Premium is added to the final hammer price of each won lot. The Buyer’s Premium is calculated as a percentage of the winning bid and will be clearly disclosed on each listing before bidding commences.

Additional fees may include:

  • Buyer’s Premium: Applied to all winning bids (percentage disclosed per auction)
  • Handling & Packaging Fees: Applied to shipped lots as disclosed
  • Palletizing Fees: Where applicable for large or freight lots
  • Storage Fees: Charged for items not picked up within the specified removal period
  • Credit Card Processing Fees: A processing fee may apply depending on payment method

All applicable fees will be presented in your invoice prior to final payment. By submitting payment, you confirm acceptance of all itemized charges.

07

Inspection & Item Condition

WindyCityClearance.com deals in liquidation, surplus, overstock, customer returns, and salvage merchandise. All items are sold AS-IS, WHERE-IS, with no guarantees, warranties, or representations of any kind unless explicitly stated in writing.

Item descriptions and photos are provided as a general guide only. Buyers are encouraged to:

  • Review all photos and descriptions thoroughly before bidding
  • Attend scheduled preview/inspection periods when available
  • Ask questions via the platform messaging system prior to bidding
  • Assume that items may be missing parts, have cosmetic damage, or be non-functional unless explicitly stated otherwise
Condition Disclaimers Lot manifests, when provided, are for reference only and may not reflect exact contents. Quantities may vary. Electronic items may be untested. WindyCityClearance.com makes no representation regarding functionality, completeness, or merchantability of any lot.
08

Removal, Shipping & Pickup

It is the buyer’s responsibility to arrange removal of purchased items within the timeframe specified in the auction listing. Unless shipping is offered and selected at checkout, all items are local pickup only.

  • Pickup Deadline: Items must be removed by the date specified in the auction listing, typically within 3–7 business days of payment confirmation.
  • Storage Fees: Items not removed by the deadline will accrue daily storage fees as posted.
  • Abandoned Lots: Items not removed within 14 days beyond the pickup deadline may be deemed abandoned and resold without refund.
  • Shipping: Where offered, shipping costs are the buyer’s responsibility and will be calculated at checkout. We are not liable for damage caused by third-party carriers.
  • Freight & Large Items: Large lots may require freight arrangements. Buyers are responsible for coordinating freight pickup with the warehouse.

Risk of loss or damage transfers to the buyer upon payment. WindyCityClearance.com is not responsible for items after title transfer.

09

Returns & Refund Policy

All sales are final. WindyCityClearance.com does not accept returns or issue refunds except in the following limited circumstances:

  • The item received is materially and significantly different from the lot description (not including condition variances typical to liquidation merchandise)
  • A duplicate charge or billing error has occurred
  • The seller cancels the auction after payment has been processed

Refund claims must be submitted in writing within 3 business days of receiving the item. Claims submitted after this window will not be considered. Approved refunds will be issued to the original payment method within 5–10 business days.

We do not issue refunds for items that are: in worse condition than expected, missing accessories or components not expressly listed, or items the buyer failed to inspect during a preview period.

10

Seller Responsibilities

Sellers using the WindyCityClearance.com platform agree to the following obligations:

  • Provide accurate, honest, and complete descriptions and photos of all lots
  • Have legal title or authorization to sell all listed items
  • Disclose all known material defects, missing components, or safety concerns
  • Make items available for inspection and removal within stated timelines
  • Remit all platform fees and commissions as agreed in the Seller Agreement
  • Not engage in bid manipulation, shill bidding, or any form of auction fraud

Sellers are responsible for ensuring that all items listed comply with applicable federal, state, and local laws. WindyCityClearance.com reserves the right to remove any listing and terminate any seller account without notice for violations of these terms.

11

Prohibited Items & Conduct

The following items are strictly prohibited from sale on WindyCityClearance.com:

  • Stolen goods or items obtained through fraud
  • Firearms, ammunition, and regulated weapons (without proper licensing)
  • Hazardous materials and substances regulated under federal or state law
  • Counterfeit, pirated, or unauthorized replica goods
  • Items subject to recall without appropriate disclosure
  • Controlled substances and illegal items of any kind
  • Items infringing on third-party intellectual property rights
  • Human remains or protected archaeological artifacts

Prohibited conduct includes but is not limited to: bid manipulation, shill bidding, creating multiple accounts, providing false information, harassing other users, and attempting to circumvent our platform’s systems or security measures.

12

Competitive Proximity & Bid Restriction Policy

WindyCityClearance.com reserves the right to deny, reject, or revoke bids from any individual or entity that operates, owns, manages, or is otherwise affiliated with an auction house, auction center, liquidation company, or resale liquidation business located within a 50-mile radius of our primary warehouse facility at:

Main Warehouse — Oregon, IL 1003 W Pines Road, Oregon, IL 61061

This policy exists to protect the competitive integrity of our auction marketplace and the interests of our sellers and general buyer community. Bid denials under this clause are issued at the sole and absolute discretion of WindyCityClearance.com and are not subject to appeal except by written request submitted to [email protected].

Entities subject to this restriction include but are not limited to:

  • Licensed auction houses and auctioneers operating within 50 miles of 1003 W Pines Road, Oregon, IL 61061
  • Liquidation warehouses, surplus dealers, or resale centers operating within the same radius
  • Online auction platforms with a physical presence or pickup location within the restricted zone
  • Any person acting as an agent, representative, or proxy on behalf of such a business

By registering an account or placing a bid, you represent and warrant that you are not operating or affiliated with a competing auction or liquidation business within the restricted zone. Providing false information to circumvent this restriction is a material breach of these Terms and may result in permanent account termination, forfeiture of any amounts paid, and legal action where applicable.

13

Intellectual Property

All content on WindyCityClearance.com — including but not limited to text, graphics, logos, images, software, and the overall site design — is the property of WindyCityClearance.com or its licensors and is protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from this site without our express written permission. The WindyCityClearance.com name, logo, and brand marks are trademarks of the Company and may not be used without authorization.

By submitting content (photos, descriptions, etc.) to our platform, you grant WindyCityClearance.com a non-exclusive, royalty-free, worldwide license to use that content in connection with operating the platform.

14

Disclaimers & Limitation of Liability

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

To the fullest extent permitted by applicable law, WindyCityClearance.com shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages arising from reliance on item descriptions or photos
  • Actions or omissions of third-party sellers or buyers
  • Service interruptions, technical errors, or platform downtime

Our total cumulative liability to you for any claim arising from your use of the platform shall not exceed the total fees you paid to us in the three (3) months preceding the claim.

15

Indemnification

You agree to indemnify, defend, and hold harmless WindyCityClearance.com, its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the platform
  • Any items you list, sell, or purchase
  • Your infringement of any intellectual property or other rights
  • Any misrepresentation made by you
16

Privacy Policy

Your use of WindyCityClearance.com is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the site, you consent to our collection and use of your personal data as described in our Privacy Policy.

We collect information you provide directly (registration details, billing information, communications), information generated through your use of the platform (bid history, transaction records), and technical information (IP address, browser type, device identifiers).

We do not sell your personal information to third parties. We may share information with service providers necessary to operate our platform, as required by law, or in connection with a business transaction such as a merger or acquisition.

17

Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or your use of WindyCityClearance.com shall be resolved as follows:

  • Informal Resolution: You agree to first contact us and attempt to resolve the dispute informally for at least 30 days before initiating formal proceedings.
  • Governing Law: These Terms shall be governed by the laws of the State in which WindyCityClearance.com is headquartered, without regard to conflict of law principles.
  • Arbitration: Unresolved disputes shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA), except where prohibited by law.
  • Class Action Waiver: You waive any right to participate in a class action lawsuit or class-wide arbitration against WindyCityClearance.com.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction where necessary to protect intellectual property or prevent irreparable harm.

18

Modifications to Terms

WindyCityClearance.com reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the “Last Updated” date at the top of this page and, where appropriate, by sending a notification to your registered email address.

Your continued use of the platform after any modification constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the platform immediately.

We encourage you to review these Terms periodically to stay informed of any updates.

19

Contact Information

If you have any questions, concerns, or notices regarding these Terms, please contact us through any of the following channels:

Website
windycityclearance.com
Legal Notices
Business Hours
Mon–Fri, 9AM–5PM (local time)

For legal notices and formal correspondence, please send written communication via certified mail to our registered business address as listed on our Contact Page.