Terms

Terms and Conditions

The following are a set of our General Terms and Conditions, however, each auction's terms may be slightly different, so it is important before bidding in an auction that you read and understand the terms that apply to that auction. If there is any inconsistency between these general terms and the terms, the terms below shall apply.

 

As-Is and Other Limitations

All items are sold "AS IS," "WHERE IS," and "FINAL," with no warranties, express or implied.

Illustrations, pictures, sounds, or videos posted on The Dusty Shelves website are for identification purposes only and are not warranties of any type. Photos are merely representative of the items and may not be relied upon for disclosure of all defects. All measurements are approximate, and The Dusty Shelves encourages bidders to preview our auctions when allowed and inspect the items themselves. The Dusty Shelves do not grade items or guarantee the authenticity of any item, including autographs. Grading and specific descriptions are sometimes provided by the sellers and are presumed to be true; however, The Dusty Shelves does not know whether the descriptions and grading provided by sellers are correct. TDS does not guarantee the accuracy of any outside appraisals. The Dusty Shelves does not guarantee representations from sellers such as a jersey being "game worn". TDS makes an effort to be correct when listing the dates and mint marks of coins; however, due to the difficulty in reading some dates and mint marks, TDS does not guarantee the correctness of any dates or mint marks and encourages bidders to inspect the coins themselves. TDS does not know whether some items are reproductions or originals. The buyer assumes complete and sole responsibility for inspection of items before bidding and relies solely on his or her inspection as to the condition, authenticity, and value of items. Occasionally, we include estimated values in the descriptions of items. Any such statements are statements of our opinion only and are not guaranteed. Buyers are advised to do their research before bidding on any item. The buyer waives any claims against TDS and seller based upon the condition or value of items.

 

Electronics

The Dusty Shelves does not assemble electronics including speakers for testing. Our testing goes no further than to plug in an item to see if it powers up. Also, when referring to old radios, we may say the radio “works”. That merely means that the radio powered up and at least one station came in. It does not mean that the sound was perfect or that all features of the radio worked properly. In addition, unless easily accomplished, TDS does not remove speaker covers for photographs. Therefore, an inspection of electronics is highly recommended.

 

Bidding Terms

Bidders must be at least 18 years old. Buyers of handguns and handgun ammunition must be 21 years old.

 

Special Terms for Each Auction

Each auction may have Special Terms for that auction that may differ slightly from these General Terms. If that occurs, The Special Terms for each auction shall apply. Bidder agrees that any details provided in the Auctioneer’s Note on the home page for any auction shall be part of the contract terms for the auction and are hereby incorporated by reference.

Preview

Preview dates and times will be posted when the auction is posted. The Dusty Shelves are not responsible for any accidents or damage that may be caused during pickup.

 

Pick-up Location

Unless otherwise stated in the special terms for an auction, pick-up shall be at the The Dusty Shelves Shed at 2320 County Road 137, Waite Park MN. Please note the special terms for each auction because sometimes the pick-up takes place somewhere else. Pick ups will be scheduled from 12pm-5pm on Fridays and 10am-2pm on Saturdays. Can be subject to change.

 

Loading

Buyers must load their items. If the pick-up is at The Dusty Shelves shed, staff will bring most items out of the building for you. If the pick-up is at a private home, it may be necessary for you to enter the home or a detached building to remove your items. This may involve carrying items up from a basement or down from an upper level. Please check the special terms for each auction to see if this applies and call TDS if you have any concerns. Notwithstanding the above, if you ask for help loading and if TDS workers help you load, a loading fee will be charged in advance that will not be less than and may be more than $30.00.

 

Type Of Payment

We accept cash, good checks, cashier's checks, Visa, MasterCard, American Express, and Discover. Two forms of ID are needed for checks, with at least one being a photo ID. No out-of-state checks. The Dusty Shelves reserves the right to postpone shipping any item until the Buyer's check clears the bank. There is a $30.00 fee on all returned checks. Credit cards will be accepted up to $5,000. Unless prior arrangements are made, coins, firearms, and titled items must be paid for with cash. 

Also, payment to The Dusty Shelves in cash of $10,000 or more requires the buyer to complete the IRS form 8300.

The Dusty Shelves reserves the right to ask for and obtain credit card information from any bidder to guarantee any check written for $500 or more. Failure to provide credit card information when requested to do so may result in the cancellation of a bid. 

 

Buyer's Premium

Please check each individual auction for its buyer's premium.

 

Sales Tax

Unless the auction is an estate auction for one person only, as opposed to a consignment auction, sales tax will be charged. Please check the involved auction to see if sales tax will be collected.

 

 

Sale Items Subject to Change

The auctioneer reserves the right to add items to or remove items from the auction at any time, even during the bidding process; to split or combine lots; to edit descriptions; to add or remove photos; to add minimum bids or reserve prices; to cancel, suspend, extend or reschedule an individual item and or an entire auction; or to change any auction's closing time, preview time, or pick-up time.

 

Late Pick-Ups with a Call to TDS

You agree to pick up your items at your scheduled pick-up time for the involved auction. We know, however, that sometimes things come up that may make that difficult. In those cases, you must call us before your scheduled pick-up time and pay for your purchase with a credit card (unless you can pick up your item later on the same day). We will then hold your item for you until the next scheduled pick-up day or before. Unless otherwise agreed, if you do not pick up your items by the next scheduled pick-up day, you shall pay The Dusty Shelves storage fees of $5 per day commencing two weeks after the original pick-up day that you missed. If you do not pick up your items by the time the storage fees exceed the amount of your purchase, your items shall be considered abandoned by you and you shall forfeit any interest in or claims arising out of those items.

 

Missed Pick-up and no Call

If you miss pick-up and you do not call us on the pick-up day or before, we will cancel the sale of your items and you will lose your bidding privileges. If you call us later and ask for your items, it shall be within our discretion to sell the items to you or not. If we still have them and agree to sell them to you, you must pay for them with a credit card during your call to us and we will charge you a $10.00 late fee. The pick-up shall then take place with a requested date and time. If you pay for your items but do not pick them up as described, the above paragraph shall apply. It shall be within the discretion of TDS Auction whether to reinstate your bidding privileges if they have been canceled for any reason.

 

Guns

All federal, state and local laws apply to the sale and transfer of guns and the Buyers are responsible for knowing all federal, state and local laws of the location where the gun will be transferred. In Minnesota, Buyers of handguns must have a carry or a purchase permit or an FFL license to take possession of a handgun.

Bidders may win a bid and pay for a handgun without the necessary permit; however, if that occurs TDS shall retain possession of the handgun for up to 2 months while the Buyer obtains the necessary permit. Once the Buyer obtains the required permit the Buyer shall fill out a 4473 at the Dusty Shelves location. The sale shall be deemed complete only after a successful background check at which time the gun shall be transferred to the Buyer. If more than two months go by without the Buyer providing the necessary permit to TDS and passing the background check, then TDS may cancel the sale and refund the purchase price to the Buyer less the amount of the Buyer’s Premium charged which TDS shall keep as liquidated damages. The person to whom we transfer a firearm must be the same person registered with The Dusty Shelves as the winning bidder on the firearm.

By purchasing a firearm from The Dusty Shelves the Buyer agrees to follow the manufacturer’s safety instructions and to only use the firearm in a safe manner in an approved area for a legal purpose. The Buyer assumes all responsibility for the legality of the firearm when he or she purchases it. The Buyer must be the actual buyer of the gun and not be buying it for another person. Buyers of rifles and shotguns must be 18 years old. Buyers of handguns and guns with pistol grips (AR type rifles) and ammunition therefore must be at least 21 years old. All firearms are sold AS-IS. TDS does not test fire firearms and does not guarantee or provide any warranty about firearms. The Dusty Shelves recommends that Bidders inspect the firearms before bidding and have the firearm inspected by a competent gunsmith or/or gun expert before firing.  

 

Ammunition

The Dusty Shelves will not ship ammunition. TDS will generally not accept privately reloaded ammunition and it disclaims any knowledge of the history of any of the ammunition it sells and does not guarantee whether any ammunition it sells was factory loaded, factory seconds, or reloaded. It may be that some of the ammunition sold is factory seconds or reloads. It may be that the reloads are of poor quality. It may be that the ammunition is not as described on the box. TDS makes no warranties including fitness for the intended purpose or marketability for any of the ammunition it sells. The buyer acknowledges that the use of reloaded or factory-loaded ammunition may be dangerous and could lead to an injury. Buyer accepts 100% of the risk in using any ammunition bought at The Dusty Shelves. The buyer shall hold TDS harmless and shall indemnify us and its staff from any and all claims for damages, loss, injury, or the like arising from the sale and use of said ammunition.

 

Hold Harmless

The Bidder does hereby indemnify and hold harmless the Auctioneer and its staff, The Dusty Shelves and the Seller from any damages, claims, or liabilities from injuries to persons or property of any type whatsoever, caused before, during, or after the auction.

 

With Reserve

All auctions and auction items by law in Minnesota are with reserve unless stated as absolute. This means that the Seller may bid on his items and the Auctioneer and his staff reserve the right to bid on and purchase items in this auction as well.

 

Internet Service

We do not guarantee continuous, uninterrupted access to our services. The operation of the website and services may be interfered with by numerous factors outside of our control. The Dusty Shelves is not responsible for lost or misdirected e-mails, slowness in the transmission of bids, technical difficulties that result in loss of Bidder's internet connection with www.auctionmn.com, or other technical problems. The Dusty Shelves is not responsible for any difficulties that may occur in the proper or timely transmission or access of e-mail forwarded to any e-mail address. Bidders agree to hold TDS harmless from the vagaries of the Internet, spam filters, lack of storage space, and rules set by different Internet service providers, and all other factors which may cause the failure of bids or emails to be received by The Dusty Shelves. 

 

Terms May Change

All terms and conditions are subject to change.