- GunAuction.com is an online marketplace where gun buyers, sellers, merchants and aficionados meet to conduct transactions. With the exception of the maintenence our credit card payment gateway, we are not involved in the actual transactions between Buyers and Sellers.
- GunAuction.com takes no responsibility for the truth or accuracy of auction listings, or the quality, safety, or legality of any items offered at auction.
- GunAuction.com reserves the right to modify this agreement at any time, without prior notification.
- GunAuction.com does not participate in the monetary transactions between Buyers or, Sellers. Any changes to payments and terms not mentioned in the Auction or in a Storefront Ad must be agreed upon between Buyer and Seller, memorialized in writing or email, and be available to GunAuction.com for review. Unless otherwise stated, all fees and bid prices are quoted in U.S. Dollars.
- GunAuction.com is available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors. GunAuction.com restricts the ability of Users to use GunAuction.com based on their geographic location - International users (those GunAuction.com Users not resident in the United States of America) are not permitted to bid on Auctions in Gun or Ammunition categories or Purchase items in Gun or Ammunition categories from Storefront Ads. If you reside outside the United States, please refrain from using GunAuction.com for gun or ammunition sales.
- Every User is required to maintain a valid email address and phone number with GunAuction.com. This phone number and email address will be provided to the other party involved in any Buyer/Seller transaction in order to facilitate the transaction. Failure on the part of any User to maintain a current and valid phone number and email address on file may result in that User's account being disabled. Additionally, failure on the part of a Seller to maintain a current and valid phone number and/or email address at GunAuction.com may also result in that Seller's current auctions being removed. Should this occur, Buyers under that Seller's closed auctions are released from their obligation to complete a sale should they so choose. A Seller, however, is not released from Seller's obligation to sell. All Users agree to remove/adjust all email SPAM filters which may interfere with properly receiving email from any GunAuction.com host email address or from the other party in a Buyer/Seller transaction. Interruption of email communications from GunAuction.com host addresses by SPAM filters may result in the User's account being disabled.
- Users are explicitly prohibited from advertising for other Auction Websites or other sales venues in any one of the available methods of posting information at GunAuction.com. GunAuction.com reserves the right to make that distinction.
- Users are explicitly prohibited from using any form of extraction method or other technology for retrieving email addresses from GunAuction.com for the purposes of SPAMMING or advertising of any kind. GunAuction.com reserves the right to make that distinction.
- GunAuction.com reserves the right to refuse service to anyone at anytime.
- Users release GunAuction.com of any liability resulting from the use or misuse of any item advertised for auction or sale, bid on or sold at GunAuction.com.
- Users agree to hold GunAuction.com harmless if a loss or damage is experienced through the use of this system.
- GunAuction.com does not guarantee that any Seller will complete the sale of an item or any Buyer will complete the purchase of any item.
- Any legal disputes arising from the use of GunAuction.com falls under the law and jurisdiction of the State of Utah without regards to the Choice of Law laws of that jurisdiction.
- GunAuction.com does not assume any responsibility for any inappropriate use of the system, for any false demographic information, or for GunAuction.com Users sending unsolicited commercial or non-commercial email to other users.
- GunAuction.com is not responsible for damage or loss caused by errors in the system or by interruption of Internet traffic. As an GunAuction.com User, you use GunAuction.com at your own risk.
- 3 Day Inspection Period: When a Seller sells a firearm (as defined by the BATF and for the purposes of this paragraph including antique guns), the Seller is required to give the Buyer a minimum of three business days after the day of receipt by the Buyer's Federal Firearms Licensed Dealer ("FFL") or Curio and Relic Federal Firearms Licensee ("C&RFFL), or in the case of an antique firearm, by the Buyer, to inspect that firearm. If during the 3 Day Inspection Period, the Buyer decides to decline the sale, it is the Buyer's responsibility to first contact the Seller by telephone to notify the Seller of Buyer's decision to return the firearm, and to pay for return shipping, insurance and any other fees related to the return of that firearm back to the Seller. The Buyer may return a firearm to a Seller for a full refund (as long as the Seller has been notified of the Buyer's decision to return the firearm) for any reason. Once the Seller has been properly notified Seller will provide buyer with return instructions, Buyer will return the firearm fully insured for the auction price, adult signature required to the Seller within 3 business days of receipt of return instructions and provide the Seller with a valid shipping tracking number. Seller is obligated to issue a full refund for the firearm minus only the Buyer's original shipping, handling and insurance fees. Seller's may not withhold from the refund any "re-stocking", inventory, or added handling fees. At no time during the 3 Day Inspection Period will the Buyer fire the firearm (unless otherwise agreed to in writing by the Buyer and Seller prior to the sale). If the Buyer fires the firearm at any time during the 3 Day Inspection Period without the Seller's prior express written consent, the sale is considered final. Inspection consists of external examination, checking the bore and having the headspace checked by a gunsmith. No further disassembly, to include but not limited to turning any screws or removing any push pins. is permitted without the Seller's prior express written consent In the event the Buyer has properly declined the sale and notified the Seller, the Seller will only issue a refund AFTER the firearm in question has been returned to the Seller. Seller will issue the refund within 2 business days after return receipt of the item and will provide Buyer with either a tracking number, if the refund is sent by common carrier or the US Postal Service, or a transaction authorization number if the refund is in the nature of a Credit to the Buyers Credit Card. The Buyer is only responsible for his original charges for shipping, handling and insurance and return costs. If a Buyer elects to return a firearm during the 3 Day Inspection Period, the Buyer will receive a neutral feedback in order for the Seller to recover his Final Value Fees.
- If a Buyer, after unsuccessful attempts to contact the Seller by telephone on at least 2 separate occasions, can not notify the Seller within the required time of his decision to return a firearm under the 3 Day Inspection Period, the Buyer may preserve his right to return the firearm by sending an email notification to the Seller. The email notification should state 1) the auction number, 2) the Buyer's desire for Seller's instructions to return the firearm under the 3 Day Inspection Period, 3) the dates and times he attempted to contact the Seller by telephone, 4) the number(s) called and, 5) the results of each call (no answer, left message, phone not in service, etc.). This email should be sent directly to the Seller with a copy to disputes@GunAuction.com. This email will provide adequate proof of Buyer's timely notification of the Seller within the 3 Day Inspection Period. The Seller must either respond within 3 business days with return instructions by email (with a copy to disputes@GunAuction.com) or by telephone. If the Seller fails to provide return instructions within 3 business days of the email notification, The Buyer should file a negative feedback on the Sale and notify disputes@GunAuction.com for further instruction and support. Under no circumstances should a Buyer return a firearm without receiving specific return instructions from the Seller.
- Other Items Inspection Period: The mandatory 3 Day Inspection Period only applies to guns as defined by the BATF (including antique guns). All other returns for any other type of item will be either as stated in the auction and at the discretion of the Seller, or as may otherwise be agreed to in writing by the Buyer and Seller.
- For the purposes of these Terms and Conditions, a business day is a Monday through Friday 9am to 5pm, not including United States National Holidays.
- All GunAuction.com Users are expected to abide by all federal, state, and local laws ("Law") governing the offering, transfer, ownership and sale of guns, ammunition and other items. It is the obligation of the GunAuction.com User to know and to abide by the Law applicable to such user regarding such transactions. It is critical that users of GunAuction.com use our service in a legal manner, and consistent with standards of good citizenship. If, in the sole determination of GunAuction.com, any User is considered to be in violation of or has violated any applicable Federal State or Local laws in the use of our system that User will be immediately expelled, and the proper authorities notified. GunAuction.com will cooperate with law enforcement in the prosecution of any individual suspected of violating gun laws.
- GunAuction.com may edit or remove any auction it, in its sole and final discretion finds illegal, in violation of these terms and conditions, inappropriate, offensive, misleading, fraudulent, in poor taste or for any other reason.
- All Users are expected to comport themselves in their dealings with other GunAuction.com Users in a professional, polite, courteous and business like manner. Any User who willfully threatens, abuses, intimidates, bullies, harasses, or in any way interferes with another User's Auctions or peaceful enjoyment of GunAuction.com services or who uses profane, vulgar, coarse, threatening or offensive language in their dealings here may, in the sole and final discretion of GunAuction.com, have their membership immediately terminated without warning.
- GunAuction.com may terminate your membership and any of your current auctions or bids immediately if you breach this Agreement or if GunAuction.com is unable to verify or authenticate any information you provide to us.
- A Buyer is:
- -the highest bidder on an item in a Reserve Style Auction, and that bid passes the Seller's reserve, OR
- -the highest bidder in a Basic Style Auction, OR
- -the winning bidder sellected by the Seller in a Best Offer listing, OR
- -the bidder where the bidder and Seller agree to a price in a Haggle TM , OR
- -the bidder who successfully uses the Buy-it-Now feature.
- All bids placed on Auctions or orders placed for a item in a Storefront Ad are binding on the buyer, are final and may not retracted. GunAuction.com will not retract a bid placed on an auction unless we determine the seller is a fraud or the bidder is a fraud and is attempting to disrupt or interfere with a Seller's valid Auctions or Ads.
- A Buyer is contractually obligated by this Agreement to complete the transaction.
- The Buyer is obligated to respond to a Seller within 2 business days of that Seller's attempt to contact the winning Buyer in an auction or Ad, or that Buyer's right to purchase the item(s) is forfeit. Failure to respond by a Buyer can result in Negative feedback. A Buyer may affirmatively discharge this duty by contacting the Seller through the Auction or Ad message link to the Seller, and thereafter responding to any contact from the Seller either through phone, email or GunAuction.com message.
- The Buyer must send payment by traceable means within 2 business day of contact from the Seller providing specific Payment instructions.
- In the case of a gun the Buyer must arrange for the Buyer's transferring FFL license to be sent within 2 business days of contact from the Seller providing specific instructions of where the FFL should be sent.
- If the Buyer isn't contacted by the Seller within 3 business days after the day the auction closes, the Buy-it-Now is exercised, the Haggle TM is completed, or an order is placed through a Storefront Ad, the Buyer is relieved of any obligation to purchase that item. The Seller may then relist the item.
- If the Buyer properly notifies the Seller of a return under the mandatory 3 business day Firearm Inspection Policy, the Buyer must take all prudent and reasonable steps to protect, return and insure the Seller's property. This includes properly packaging the guns against harm in shipping and insuring the gun for the value of the underlying auction price.
- Damage in Shipment: A Buyer must timely report any apparent or potential damage in shipping to the Seller and within 3 business days of receipt of any item. The Buyer will initiate a report to the Seller and to the carrier of such suspected damage in shipping, initiate any required insurance reports if the item is insured and cooperate with any insurance investigations and adjusters. All packaging, boxes and labels must be retained by the Buyer for the potential use in an insurance claim by adjusters. Failure to retain packing materials for insurance investigations, or to cooperate with an insurance investigation may result in the Buyer losing rights under the 3 Day Inspection Period and having the transaction considered final with the Buyer as owner of the item. In such case insurance proceeds, if any, received by the Seller shall be promptly sent to the Buyer.
- Any User whose first and only feedback is negative will be immediately disabled. If a Buyer receives two (2) negative feedbacks in two (2) different auctions in a period of less than three (3) months OR three (3) negative feedbacks in three different auctions total as the result of a failure to complete the purchase of an item where that Buyer is the winner of the item, that Buyer's account can be disabled.
- A Seller is an GunAuction.com User who offers items for sale through any of our available auction formats, Haggle TM, Buy-it-Now ("Auctions") or Storefront Ad ("Ad") features.
- The Auction Seller is a User who may offer Auctions for an item and will have item(s) in stock before the auction for that item is created.
- The Storefront Seller is a User who may offer Ads for an item and take orders for items that are in stock, not physically in stock but on order with delivery scheduled within 10 business days, available from his supporting wholesaler or other source of supply within 10 business days, or available from a drop shipper who can ship within 10 business days of the date of the Sale.
- The Seller will accurately describe the item to be auctioned or sold through Ads, and the condition of the item(s) to include wear and any damage (if applicable).
- Pictures General: License to Use. Sellers by posting pictures, electronic images, or graphics ("Pictures") in their Auctions or Ads agree to and grant a full and unrestricted license to GunAuction.com to use each and all Pictures used in GunAuction.com Auctions or Ads as GunAuction.com may so desire. Seller's by using Pictures represent they have right to publish such pictures or agree to obtain and prove such rights if required and agree to defend GunAuction.com and hold GunAuction.com harmless for any claims of copyright or trademark infringement.
- Pictures: Auctions -If Pictures are included, in any Auction, they will reflect the actual item. Don't include extras with the picture(s) if not included in the Auction.
- Pictures in Storefront Ads: If pictures are included in any Storefront Ad they may reflect the actual item, or they may reflect accurate representative pictures taken of a similar item, a supplier's, wholesaler's, jobber's, drop shipper's or manufacturer's catalog- don't include extras with the picture(s) if not included in the Ad.
- Sellers will accurately disclose any extra terms of sale, and such terms are not to contradict the GunAuction.com Terms and Conditions. These extra terms might include the shipping costs and licensing requirements.
- Trademark Infringement and Counterfeit Goods: GunAuction.com does not have the ability to determine whether or not any goods listed by an seller infringe upon any given trademark, or are
counterfeit. However if a dispute arises out of the sale of goods where there is a question of authenticity, GunAuction.com reserves the right to invalidate the sale, remove feedback, and
refund any fees. GunAuction.com reserves the right to make that determination.
- If a Seller lists an item for sale at GunAuction.com, they are not restricted from advertising that same item for sale in another on-line venue. However, the Seller is contractually obligated to complete the sale of that item if the item sells. Should a bid be placed on an item at GunAuction.com, the Seller agrees to remove the item from other venues to prevent conflict with the winning buyer. Failure to complete the sale when a buyer has purchased said item may result in negative feedback.
- SPAM: Sellers are prohibited from utilizing the technique known as SPAMMING: that is, the practice of listing multiple
auctions of the same item, including in multiple categories - for the purpose of increased coverage with the viewing public. Spamming does
not generally result in increased sales, but does result in increased bandwidth usage, and frustration for the buying public on having to sort
through multiples of the same item from a single seller. Spammers will have their excess auctions removed, and money refunded for any special services utilized in those auctions.
GunAuction.com reserves the right to decide whether or not a seller is spamming, and prolific violators of our spamming policy will be
- If a Seller is expelled for violating our Terms and Conditions set forth herein, or for violating federal, state or local laws, or for fraud of any sort, no refund of any fees paid to GunAuction.com will be issued and all uncollected fees become immediately due and payable to GunAuction.com. GunAuction.com will vigorously defend against any attempt to claim a refund to the point of pressing for criminal or civil liability.
- An Auction Seller may not manipulate the price of their own item, either by using a shill (a secondary account or third party), by bidding themselves, or in any other manner.
- The Seller must contact the Buyer with payment instructions and address within 3 business days of the close of the auction.
- The Seller must notify the Buyer immediately upon receipt of payment for the auction.
- The Seller must ship the item via traceable means upon receipt of payment (and also Buyer's FFL if the sale is for a firearm) within 5 business days if payment is by cash, certified funds, money order, credit card, or any online payment service. However, if a Seller agrees to accept a personal check from the Buyer, this period may be increased by the number of days the Seller's bank withholds releasing funds after deposit of a personal check and such check clears. Sellers WILL NOT ship products until payment (and, if required, an FFL) is received.
- Federal Firearms Licenses (FFL s) can be validated immediately on-line. Curio and Relic Federal Firearms Licenses (C&RFFLs) can not be validated on-line. Acceptance of C&RFFLs for firearms eligible to be transferred under such licenses is at the sole discretion of the Seller.
- All firearms shipments must be fully insured for the selling price with the Seller named as the insured party. A Seller continues to legally own a firearm until the mandatory 3 Day Inspection Period has expired without proper notice of a return, (unless an insurance claim has been filed), or the sale is otherwise finalized by the Buyer's firing or disassembling the firearm.
- Damage in Shipment. In the event a Seller is properly notified of a claim of damage in shipment of a firearm the Seller, responsible for the secure packaging of the firearm as shipper and as insured party is responsible for complying with the insurer's notification and reporting requirement and issuing a refund of the Buyer's purchase price under the same procedures used in the 3 Day Inspection Period regardless of the outcome of any insurance adjustment. The Seller has the obligation to relay any instructions from the insurer to the Buyer on how to cooperate with Insurance investigation. The return of the item and the Buyer's time obligations on return thereunder however do not begin until such time as the Insurance investigation is completed. If the Insurance Investigators take possession of the item for return to the seller, the Buyer's obligations for return are considered complete and the Seller shall immediately refund the Buyer's Purchase Price. Otherwise, once the insurance investigation is completed the Buyer must return the item within the time frame specified under the 3 business day Firearms Inspection policy.
- The Seller must inform Buyer once the product has been shipped. The Seller will provide a tracking number on all firearms shipments and on other items (if available) and an estimated arrival date.
- If a Seller is caught "borrowing" another Seller's pictures, that is considering theft and is grounds for expulsion from GunAuction.com. Storefront Merchants are not considered to be "borrowing" pictures if their pictures are sourced from a manufacturer's, wholesaler's, jobber's, drop shipper's or other suppliers catalog or source made available to the Storefront Merchant as a customer.
- In order to receive a Relist Credit, a Seller must request that Relist Credit within three months of the close of that auction. Relist Credits requested after that three month period will be denied.
- In order to be fair to our Sellers that pay a fee to advertise on our web site, and to protect the privacy of our bidders, the use of our web site as a source of email addresses to directly solicit items in competition with a currently running auction will be discouraged. Individuals demonstrating this type of business ethic will be subject to expulsion from the site, at the sole discretion of GunAuction.com.
- Any user whose first and only feedback is negative will be immediately disabled. If a Seller with less than 20 total feedback incurs a 3rd negative seller feedback report, or if a Seller with 20 to 100 feedback reports incurs their 5th negative seller feedback or if any other Seller receives more than 5% total negative seller feedback, that Seller's account will be subject to review by the GunAuction.com Staff and will likely be disabled. If at any time a Seller receives a negative feedback for failure to deliver an item after the buyer has made payment, that Seller's account will be subject to review by the GunAuction.com Staff. Selling privileges may be suspended until the non-delivery issue is resolved or the account may be disabled without notice.
- PROHIBITED SALES: The listing or sales of explosives, explosive devices, or instructions for creating explosives or explosives devices unrelated to firearms is prohibited at GunAuction.com. Our only exception to this rule is written materials specifically produced by the U.S. government for military forces. GunAuction.com reserves to right to make that judgment. Also prohibited is any decoration or medal authorized by the Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof.
National Rifle Association ("NRA") Benefit Auctions
- As governed by all other Terms and Conditions agreed to herein, Sellers who are in good standing with both the NRA and GunAuction.com may donate all or a portion of the proceeds of a firearm auction ("NRA Benefit Auction") to the benefit of the National Rifle Association or certain of its' designated affiliates (the "NRA").
- Seller agrees that GunAuction.com may collect the designated amounts from the Seller's registered credit card into a separate NRA collections account once an NRA Benefit Auction is sold. This collection will be made with the second billing period collections following the date of sale.
- Seller agrees that Seller will not initiate any dispute on any NRA Benefit Auction elected charges with his credit card issuer.
- Disputes. If there is a dispute regarding donations collected from a Seller's registered credit card on any NRA Benefit Auction, the Seller agrees to submit the matter to GunAuction.com for consideration and at GunAuction.com sole and final determination. Such disputes should be submitted to disputes@GunAuction.com and not the NRA. Disclaimer: The NRA does not make any representations, warranties or endorsements of the content, outcome or legality of any GunAuction.com auction, and the NRA will not become involved in any disputes regarding such auctions