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Terms of Service

Seller:

  • A Seller is a GUNNATION 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 GUNNATION to use each and all Pictures used in GUNNATION Auctions or Ads as GUNNATION 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 GUNNATION and hold GUNNATION 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 GUNNATION Terms and Conditions. These extra terms might include the shipping costs and licensing requirements.
  • Seller Exclusivity:

    • Auctions: If a Seller lists an Auction item for sale at GUNNATION, the Seller is contractually obligated to complete the sale of that item if the Reserve Price is met in a Reserve style auction, or if any bids are placed in a Basic style auction. Likewise, if a Seller lists an Auction item with GUNNATION, that Seller agrees that GUNNATION has exclusive rights to sell that item during the term of the Auction and any extensions or relisting’s. The Seller is not permitted to list or sell the same item in another venue, or to sell the item to a buyer outside of GUNNATION while GUNNATION has exclusive rights. Failure to complete the sale is cause for negative feedback and/or expulsion from GUNNATION.
    • Storefront Ads: If a Storefront Seller lists an Ad in their Storefront, they are not restricted from advertising that same item for sale in another on-line venue(s), or selling it elsewhere. However, if a User places an order for a Storefront Ad and the Storefront Seller reports the item out-of-stock and non-deliverable within 15 days of payment, or fails to deliver within 15 days of payment, the Storefront Seller and/or Buyer may either one decline the sale. If a sale is declined, the Storefront seller will immediately refund all payment received and provide the Buyer with a valid tracking number or credit transaction identifier if payment was made by credit card. The Storefront Seller agrees to immediately remove all out-of-stock Ads from their Storefront. The Buyer should post a Not-in-Stock feedback in this situation.
  • 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. Sellers are encouraged to utilize Dutch Auctions, where the bidder can select a quantity. Spammers will have their excess auctions without bids removed, and money refunded for any special services utilized in those auctions. Auction Arms reserves the right to decide whether or not a seller is spamming, and prolific violators of our spamming policy will be banned. EXCEPTION: Sellers may list multiples of identical firearms, as Dutch auctions for firearms aren't permitted.
  • 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 GUNNATION will be issued and all uncollected fees become immediately due and payable to GUNNATION. GUNNATION 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) cannot 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 does 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 GUNNATION. 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 GUNNATION.
  • 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 GUNNATION 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 GUNNATION Staff. Selling privileges may be suspended until the non-delivery issue is resolved or the account may be disabled without notice.

Transactions on the Site

  1. Fees. You agree to pay the applicable fees for using the Site, and you understand that ALL FEES PAID TO US ARE NON-REFUNDABLE. A list of the applicable fees appears on our Fees page, which is incorporated in its entirety in this Agreement. You hereby agree that:
    • Any returned check is subject to a $25.00 returned check fee.
    • Payment terms are net 20, and a late fee of 1.5% per month or the highest rate permitted by applicable law, whichever is less, will be assessed on all past due balances.
    • Inactive accounts with credit balances will be charged $1.00 per month until such time as the account has a zero balance. You may avoid these fees by logging in once each six months.
    • We reserve the right to require ACH, a deposit, or other form of payment guarantee for accounts that are habitually past due, are past due more than 90 days, or for any other reason we deem necessary.
  2. Credit Cards and ACH Direct Payments. By placing a credit card or ACH direct payment account on file with us you authorize us to charge your card for any fees you accrue as a result of using the Site. Fees may include the reimbursement to GunNation.com under the Buyer’s Protection Policy. You authorize us to consolidate balances from any duplicate accounts you may have created on our Site and bill them to your credit card or ACH direct payment account. You may revoke your authorization by sending us a written request to GunNation.com, LLC, 10215 lundeen prky c7 lake stevens, wa. 98258. We may continue to bill your credit card or direct payment account for any fees for any services rendered or actions by you or by us taken prior to the receipt of your written revocation. Our billings may appear under the name “GunNation.com, LLC” or “GunNation.com.” BY USING A CREDIT CARD YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE. If you have any question about a charge on your credit card, contact us as described in the Notices section below. If you deliberately or inadvertently issue a chargeback to your credit card, your account will be terminated and you agree to pay a $50 processing and collection fee.

  3. Past Due Accounts. If a seller’s account is past due, we reserve the right to void, suspend and/or terminate his or her auction listings, and may terminate his or her account. If your account is more than 30 days past due, we reserve the right to report this transaction history to credit agencies, as well as to void promotional offers, including free or discounted listings. Accounts that are, or have been, past due will have their credit limit reduced to zero and past due balances will be subject to a late fee of 1.5% per month or the highest amount permitted by applicable law, whichever is lower. If you fail to pay the past due amounts, we may turn your account over to a collection agency and we reserve the right to pursue civil and criminal legal actions to the fullest extent allowed under the law. If your account is past due, you also must pay any and all collection costs (including collection agency fees, court costs and legal fees) we might incur in connection with your past due account.

  4. Only a Venue. You agree and acknowledge that we are not a traditional auctioneer. The Site is only an advertising venue for the sale of firearms, accessories and related items (“Items”) by means of an electronic bidding format. We are not involved in the actual transaction between buyers and sellers, and we make no representation, and give you no assurance, that:

    • The persons using the Site (a) are not misrepresenting their identity, location or authority to enter into contracts, and (b) are of legal age and capacity to enter into contracts.
    • A seller placing an Item on the Site is able to or will complete the sale of the Item or deliver the Item to the buyer, or that a buyer bidding on an Item is able to or will complete the purchase of an Item from a seller.
    • A seller has truthfully and accurately described an Item placed on the Site.
    • An Item listed for sale on the Site exists, or is (a) safe, (b) of any particular quality, (c) non-infringing with regard to the intellectual property rights of any person or entity, or (d) free from liens, encumbrances or contractual claims attributable to seller, or that an Item may be legally sold by the seller.
    • The sale and transfer of an Item complies with any or all applicable legal requirements for the sale, transfer and transport of that Item, including but not limited to statutes, regulations or requirements of any country, state, locality, province, municipality or other government authority or regulatory entity regarding sales or auctions, the sale and/or transfer of any Item (including firearms, ammunition, black powder or any other item), export or import control, taxation, duties or tariffs, presence or licensing of brokers (the foregoing, “Legal Requirements”).