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Terms and Conditions

BY USING THE SERVICES OF AUCTIONARMS.COM,INC. (HEREAFTER REFERRED TO AS GUNAUCTION.COM), YOU AGREE TO THE FOLLOWING TERMS:

GENERAL

BUYERS

  • 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.

SELLERS

  • 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 banned.
  • 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

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