Welcome to GunsBay.com. By accessing our platform, including any associated services, websites, or tools covered under this agreement, you're entering into a binding legal agreement. This agreement outlines your rights and responsibilities when using GunsBay.com, henceforth referred to as 'the Platform.'

 

1.User Agreement

Your engagement with the Platform, whether browsing, registering an account, or participating in transactions, signifies your understanding and acceptance of these Terms and Conditions. It is crucial that you carefully read and comprehend these provisions, as they form the legal framework governing your use of our services.

The Platform offers a venue where users can engage in transactions related to firearms and related accessories. Our role is to facilitate these transactions by providing a secure and reliable online environment. However, it is essential to note that GunsBay America DBA GunsBay.com does not partake directly in the transactions between buyers and sellers. As such, we cannot guarantee the quality, safety, or legality of the items listed, nor the truth or accuracy of listings, the ability of sellers to sell items, or the ability of buyers to pay for them.

 

a. Before you can use our services, you must register and create an account on GunsBay.com. During the registration process, you will be required to provide accurate and current information about yourself and agree to update such information if it changes. Your account is personal to you, and you may not transfer or share your account with any other person.

 

b. By using the Platform, you agree to comply with all applicable laws, regulations, and guidelines related to the sale and purchase of items on GunsBay.com. This includes, but is not limited to, laws governing the transfer of firearms and ensuring that you are legally allowed to buy, sell, or possess firearms and related accessories.

 

c. Please be aware that your use of the Platform signifies your agreement to be bound by these Terms and Conditions. If you do not agree to these terms, you should not use GunsBay.com. We reserve the right to modify these Terms and Conditions at any time, and such modifications will be effective immediately upon posting. Registered users while be notified of any changes the Terms and Conditions, upon which will be required to accept them “as is” prior to any further use of the Platform. A Users continued use of the Platform following any such modification constitutes your acceptance of the updated Terms and Conditions.

 

2. Defined Terms

This section clarifies the specific meanings assigned to terms within this Agreement:

• "Affiliate" refers to any entity or person that either currently holds, is held by, or shares common ownership or control with another entity, directly or indirectly. Ownership, in this context, signifies direct or indirect possession of a majority interest — at least fifty percent (50%) of voting shares or equivalent voting rights, or the capability to govern such rights through agreements or similar means.
• "Agreement" denotes this User Agreement, serving both as a noun and a verb to signify your acceptance of and binding commitment to these terms. Refer to "Consent" for more details.
• "Ammunition" is defined as per the Gun Control Act of 1968, 18 U.S.C. §§ 101 et seq.
• "Applicable Law" includes any laws, statutes, regulations, or mandates relevant to either the user or the platform in relation to the use of the Platform or its Services. This covers, but is not limited to, regulations on the sale, transfer, shipment, transport of goods (including firearms, ammunition, black powder, etc.), export/import controls, data privacy, consumer protection, ownership rights, taxation, duties/tariffs, licensing requirements, commercial/contract law, telemarketing, privacy, and advertising/marketing laws in force at the time of relevant activities.
• "Automated calls or text messaging" refers to communications initiated by us, including voice messages, autodialed calls, texts, or messages via other automated technologies, whether existing now or developed later.
• "Buyer" is a Registered User who bids, makes an offer, or completes a purchase in relation to a listing on the Platform.
• "Company" indicates the business, governmental entity, or organization specified by you upon registering as a User of the Platform.
• "Comments" encompasses all forms of user submissions to GunsBay.com, including reviews, feedback, suggestions, ideas, or any other forms of communication, in relation to using the Platform.
• "Consent to this Agreement" is your acknowledgment and agreement to all terms within this agreement, demonstrated through actions such as ticking the agreement box, utilizing the Platform or any Linked Sites, or any other form of explicit acceptance of these terms.
• "Content" encompasses all forms of material, regardless of the medium, including but not limited to text, images, illustrations, designs, icons, photos, software, music, videos, and other creative expressions.
• "FFL" (Federal Firearms Licensee) represents individuals or entities authorized by law to manufacture, import, or deal in firearms. A holder of a Federal Firearms License.
• "GunsBay Content" includes all materials provided on the platform, excluding your submissions such as Posts, Listings, Comments, or content in your advertisements on the Self-Service Ad Platform.
• "GunsBay Parties" encompasses GunsBay.com, its Affiliates, and their respective leaders, employees, representatives, and third-party licensors.
• "GunsBay.com Privacy Policy" is the policy governing privacy on GunsBay.com, integrated by reference into this Agreement.
• "Fees" refer to the charges for Services on the Platform as detailed on the Fees page, including any specific fees outlined in sections 4(a), 4(b), and 4(c) of this Agreement. Fees may also cover reimbursements to GunsBay.com under certain programs like the Buyer's Protection Program.
• "FFL" reiterates the definition as a holder of a federal firearms license.
• "Firearm(s)" is defined according to the Gun Control Act of 1968, 18 U.S.C. §§ 101 et seq.
• "Intellectual Property" constitutes all legal rights, including patents, copyrights, trademarks, trade secrets, and similar protections, held by an entity in any jurisdiction.
• "Item" includes Firearms, Ammunition, and other goods listed for sale on the Platform.
• "Linked Sites" refers to external websites accessible through hyperlinks on GunsBay.com.
• "Listing" is the detailed description by a Seller of an Item for sale, including all associated Content.
• "Losses" encapsulates all forms of liabilities, damages, judgments, costs, and expenses, including legal fees and court costs, incurred by an entity.
• "Optional Services" denotes additional listing enhancements available for a fee.
• "Personal Information" covers data that can identify an individual, alone or in combination with other information, such as names, addresses, social security numbers, account details, and identifiable electronic metadata.
• "Platform" refers to www.GunsBay.com, inclusive of all its subdomains and any other websites that link to this Agreement.
• "Post/Posting" refers to any text, graphics, images, or other Content that you share on the Platform, including Listings for Sellers.
• "Registered Users" are individuals who have created an account to use the Platform.
• "Seller" is identified as a User who submits a Listing with the intention of selling items on the Platform.
• "Services" encompasses all the facilities provided through the Platform to both Buyers and Sellers, as well as general Users.
• "Support System" is the Platform's assistance framework accessible at https://support.GunsBay.com/, designed to help Users navigate and resolve issues.
• "Transfer" denotes the formal process of legally transferring a Firearm from a Seller to a Buyer, conducted by an FFL, in accordance with all relevant federal and state regulations, including necessary background checks.
• "Unregistered Users" include visitors such as Guests, individuals utilizing Help or chatbot features, Casual Users, and any others navigating the site without registration.
• "User" defines anyone engaging with the Platform, whether as an Unregistered User, a Registered User, or through any other interaction, including but not limited to accessing Help, transacting, browsing, or utilizing any current or future services offered by the Platform. This is a broad category that captures all manner of engagement with the Site.
• "User Information" comprises all data you supply regarding yourself or your Company for identification, verification, registration purposes, or any information volunteered for other reasons, including but not limited to name, address, email, and phone number.
• "You" signifies the individual engaging with the Site, either by registering anew or by agreeing to this Agreement as a current user, and, where applicable, includes your Company. Both you and, if applicable, your Company are jointly responsible for fulfilling obligations under this Agreement.

3.Registration and Your Account

 a. Users. While it's possible to access and benefit from the information on this site without registering, becoming a Registered User unlocks additional features, especially for buying and selling activities, and the option to receive promotional emails from our Partners, subject to your consent. All Users, by their use of the Platform, agree to adhere to these terms and conditions.

 

b. Registered Users: Eligibility and Information Integrity. As a potential registrant or user of the Platform, you confirm that you're of legal age, at least 18 or the age of majority in your jurisdiction, whichever is higher. You commit to providing accurate, truthful information about yourself during registration and maintaining its currency. If registering on behalf of a Company, you affirm you possess the legal authority to engage in contracts on the Company's behalf according to relevant laws every time the Platform is used.

 

You are prohibited from allowing others to use your account, using your account for third-party or outsourcing purposes, or attempting to use the Platform if you're under a temporary or permanent suspension. It's crucial to keep your User ID and password confidential, not sharing them, and promptly informing us of any unauthorized access or security breaches involving your account credentials.

 

c. Account Termination and Suspension. Access to the Platform and its services is granted based on the stipulations of this Agreement and our Privacy Policy. If applying for Registered User status, we retain the discretion to decline your registration, informing you of such decisions. We reserve the right to terminate or suspend your account and Platform access at our sole discretion, without the need for prior notice, for any reason. Actions that potentially subject us or other Users to legal risk, harm, or loss may lead us to inform other Users about your conduct.

 

Should you disagree with any Agreement terms, modifications, or become dissatisfied with the Platform or Services, your steps are to cease using the Platform, terminate your account, and inform us of this termination. You may end your Agreement and account at any point by contacting support@gunsbay.com. Ending your use or registration doesn't absolve you of ongoing obligations under specific Agreement sections or impact any ongoing transactions, pending financial duties, or unfinished matters. Accounts inactive for a year will be closed and marked as such, though we cannot erase your User Information or transaction history unless legally mandated.

 

d. Modifications to the Agreement. We hold the authority to adjust or augment this Agreement at any moment, including the Privacy Policy and any documents it incorporates, at our sole discretion. Should there be significant changes, we'll inform you through our usual communication channels, the Platform itself, or by updating the terms directly on our Site, in compliance with legal requirements. Your continued interaction with the Platform and its Services, following such updates, signifies your acceptance of the revised Agreement.

 

e. Agreeing to Use of Your Phone Number. By furnishing us with your phone number through this or any linked platforms, or by explicitly providing your consent, you're agreeing to the following conditions:

Consent for Communication. Should you voluntarily offer your phone number(s) to us or indicate consent by any means, you're providing explicit prior consent to receive communications from us. This includes voice messages, automated calls, text messages, or other electronic messaging driven by automation, for purposes including but not limited to account management, updates on the Platform, service notifications, transactions, your engagement with us or other Users, alongside marketing and promotional messages. This consent applies even if your number is on any do-not-call registries, and it remains in effect for any contact details you provide. Receiving these automated communications persists beyond account cancellation or ending your relationship with us, up until you decide to opt out.

 

To opt out from automated communications or to manage your preferences, refer to the choices outlined in the GunsBay.com Privacy Policy.

 

Carrier Charges. There are no fees from GunsBay.com or its Affiliates for sending messages to you, but your mobile carrier's charges for receiving calls or texts are your responsibility. It's advised to review your phone plan or speak with your carrier for specifics.

 

4. Fees for Utilizing the Platform

a. Fee Structure. Engaging in transactions or utilizing Services on this Platform or any associated platforms obligates you to settle any applicable fees, which might encompass processing and administrative charges. For purchasers, fees can include a compliance charge among others, while sellers may incur final value fees and payment processing costs. It's important to acknowledge that, unless stated otherwise within this Agreement and to the extent law permits, ALL FEES RENDERED TO US ARE NON-REFUNDABLE. Detailed fee information is available on the dedicated Fees page.

 

5. The Role of GunsBay.com in Listings and Sales

When it comes to the sale of items on the Platform, excluding our own branded merchandise or that of our Affiliates, the following stipulations apply:

 

a. Platform as a Marketplace. GunsBay.com functions primarily as a facilitator, providing a marketplace for Buyers and Sellers to connect. We do not partake as a party in transactions sparked on or through the Platform. The responsibility for information regarding any item lies with the Seller, not GunsBay.com, which means we bear no liability concerning item representations. The warranties and sale terms of any item are set by the individual Listings. By engaging with the Platform, you acknowledge and accept that the sale price, GunsBay.com's payment, shipment and receiving procedures. It's crucial to understand that GunsBay.com operates differently from a traditional auction house, as we do not act as an agent for any party, nor do we physically handle most items. GunsBay.com does provide for services for secure shipping/receiving and transfer for funds.

 

b. Transfer of Ownership. This Agreement does not alter the legal principles of the Uniform Commercial Code, specifically § 2-401(2), regarding the transfer of ownership. Legal ownership of an item shifts to the Buyer once the Seller physically delivers the item, or, in the case of Firearms, when the Transfer is legally executed by an FFL. Unless agreed differently, ownership rightfully passes to the Buyer upon the item's physical or legally documented Transfer.

 

c. Firearm Transactions. The sale and shipment of Firearms via the Platform necessitate legal Transfer through an FFL chosen by the Buyer. Winning or purchasing a Firearm obligates the Buyer to appoint an FFL for its shipment and Transfer. It's important to note that FFLs may impose additional fees for these services. Should an FFL determine a Buyer ineligible for purchase based on Applicable Law, GunsBay.com assumes no responsibility. The Buyer is then required to collaborate with the chosen FFL to resolve the issue.

 

d. User and Item Responsibility Disclaimer. By utilizing this Platform and any linked sites, you acknowledge and agree that the responsibility for adhering to Applicable Laws related to the sale, purchase, Transfer, and shipment of items falls solely on you. Given our defined role, except as explicitly stated, GunsBay.com does not assume liability for the actions of Users or the specifics of items listed on the Platform.

 

Disclaimer of User Representations and Listings.

GunsBay.com expressly disclaims any responsibility or liability for the representations made by Users on the Platform, including, but not limited to, inaccuracies regarding:

• Misrepresentations by Sellers or Buyers about their identity, location, or their authority to contract, and false assertions regarding their legal age and capacity to engage in contracts.
• Guarantees that a Seller can or will finalize the sale or delivery of an item, or that a Buyer can or will complete the purchase.
• The accuracy or truthfulness of a Seller’s description of an item, the validity of any claims made about the item, or the faithful representation of the item through listings, texts, or images.

  

f. Oversight of Listings and Communications. While providing tools and guidelines for Users to create Listings and communicate through Postings, GunsBay.com retains the right, though not the obligation, to monitor, edit, decline, or remove any Posting or Listing at our discretion. It is acknowledged that GunsBay.com is not accountable for the Content of Listings or Postings by Users. Our monitoring efforts do not aim to validate the information within these communications and should not be relied upon for accuracy or compliance purposes.

 

6. Commitments of Unregistered Users to GunsBay.com

Even individuals who browse this Platform without registering, yet engage with its offerings such as listings, articles, videos, "help" functionalities, FAQs, and other informational content, are entering into a de facto agreement with GunsBay.com. By accessing and utilizing the Platform, these Unregistered Users implicitly agree to uphold the commitments outlined across various sections of this Agreement. These include, but are not limited to, the initial User Agreement Prior to Using the Site (Section 1), The Role of GunsBay.com in Listings and Sales (Section 5), Third-Party Interactions (Section 10), Content Policies, Intellectual Property, and Usage Restrictions (Section 11), Limitations of Our Responsibility (Section 12), Governing Laws and Dispute Resolution Mechanisms (Section 13), along with General Provisions (Section 14), and any other relevant terms contingent upon the specific manner in which an Unregistered User engages with the Platform.

 

7. User Commitments to GunsBay.com

A. Commitments from Sellers

i. Formation of a Binding Contract. When you list an item, you are making a binding offer to sell that item to a potential buyer under the terms presented in both this Agreement and your Listing. If a buyer's bid wins or their offer is accepted as outlined here and on the Platform, a binding contract is formed. Notably, listings with a fixed price option like "Buy Now" lead to immediate acceptance of the buyer's offer, thus creating a legally binding agreement.

 

ii. Seller Representations and Assurances. As a seller on the Platform, you guarantee to GunsBay.com throughout the duration of this Agreement that:

• All information you provide, whether about yourself or in your Listings or Postings, is truthful, precise, current, and not deceptive.
• You possess the legal right to sell the items you list, which are unencumbered by any liens.
• Your sales and listings will not involve fraudulent activities, nor will they include counterfeit or stolen goods.
• Your activities, including your listings and sales, do not violate the intellectual property rights of any party. You have obtained necessary permissions for using copyrighted or trademarked content.
• You will refrain from any form of bid rigging or manipulating sales prices and will not direct buyers off-site to conclude transactions.
• If listing or selling Firearms or Ammunition, you commit to adhering to all relevant laws regarding their sale, transfer, and shipment. This includes ensuring compliance with both this Agreement and additional Platform guidelines, even if they conflict with your listing details. You accept responsibility for verifying and abiding by all pertinent laws, such as age verification for certain items or the prohibition of certain goods in specific locations.
• In cases of international sales or where items are within the U.S. but sold to buyers abroad, you further assert your compliance with U.S. export controls, sanctions, and embargo laws. This includes confirming you are not a national of, nor located in, a country embargoed by the U.S., not involved in activities violating U.S. export controls, not listed on any U.S. government watchlists that restrict commercial activities, and not accessing the Platform on behalf of any such listed entities.

iii. Taxes: You understand that GunsBay.com is not responsible for managing, reporting, or remitting sales, use, VAT, or other transactional taxes related to sales made through the platform. Any tax-related information provided is for general guidance and should not be considered exhaustive or fully accurate. You are liable for understanding and fulfilling your tax obligations in jurisdictions affected by your sales activity, and you agree to indemnify GunsBay.com against any losses from unmet tax responsibilities.

 

iv. License to Listings: By posting listings or advertisements, you grant GunsBay.com and its affiliates a perpetual, non-exclusive, royalty-free license to use, display, reproduce, and create derivative works from your content across any media. This enables us to feature your items, enhance the platform, or develop related services and publications, ensuring respect for your user information privacy.

 

B. Commitments from Buyers

i. Binding Contract. By engaging with listings on the Platform, Buyers enter into binding agreements under various circumstances:

• Auction Bids: By bidding on auction items, Buyers form a legally binding contract with the Seller to purchase the item under the listing's terms and this Site's supplementary conditions. Winning bidders are obliged to finalize the item's purchase, adhering to the Seller's price and terms of this User Agreement.
• Fixed Price Purchases: Selecting a fixed price item and completing the checkout signifies a legally binding agreement for the purchase.
• You guarantee that all information you provide to GunsBay.com and it’s affiliates is truthful, accurate, and current.
• You commit not to pursue off-Site sales with Sellers for listed items.
• You agree not to bid on or offer to buy items you are legally restricted from purchasing.
• Arrangements with an FFL must be made prior to bidding or offering on any item, including transmitting the FFL's license to the Seller before shipment.
• You acknowledge that facilitating or participating in a "straw purchase" of firearms is a federal offense, asserting that any firearm bids or offers are for personal use and not on behalf of others.