Website Terms of Sale
Last Updated Date: December 31, 2025
GENERAL TERMS AND CONDITIONS
Please read these terms and conditions (these “Terms of Sale”) that apply to your purchase of Products (as defined below) through www.Guns.com and its subdomains (the “Guns.com Site”) and the hyperlinked policies referred to herein. These Terms are an integral part of the Website Terms of Use that apply generally to the use of the Guns.com Site and contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
Buying a Gun online is much easier at Guns.com. To find out just how easy, check out this page: https://www.guns.com/how-to-buy-a-gun-online.
These Terms of Sale require the use of arbitration on an individual basis to resolve disputes, rather than courts, jury trials or class actions. Please review those terms carefully as they affect your rights. The arbitration terms can be found here.
By placing an order for Products or services from the Guns.com Site, you acknowledge your assent to these Terms of Sale, affirm that you are of legal age to enter into this agreement, and you accept and are legally bound by these Terms of Sale.
You may not order or obtain Products or services from the Guns.com Site if you (a) do not agree to and comply with these Terms of Sale, or (b) are prohibited from accessing or using the Guns.com Site or any of the Guns.com Site’s contents, goods or services by applicable Law (as defined below).
We reserve the right to modify or terminate these Terms of Sale, or modify the services we provide, without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms of Sale before purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
1. Guns.com Online Marketplace.
Guns.com has developed and operates an online marketplace at the Guns.com Site for the sale of Guns (as defined below), ammunition, optics, magazines and certain other products and accessories (collectively, “Products”) to Buyers where legally permissible in the United States of America, but excluding U.S. territories, which operates in part with the use of a network of authorized FFL Dealers (as defined below) who are licensed to transfer Guns and have agreed with Guns.com, among other things, to list and make their inventory available for sale through the Guns.com Site. Each such FFL Dealer who participates as a member of the Guns.com network of authorized dealers is referred to in these Terms of Use as a “Dealer”. Each Dealers’ participation in the network of dealers authorized by Guns.com is subject to the terms and conditions of Guns.com’s Dealer Terms of Use. In order for a Gun to be transferred to a Buyer, the transfer must be completed by a firearms dealer who holds a valid Federal Firearms License (an “FFL Dealer”) (which FFL Dealer may or may not be a member of the Guns.com authorized network of Dealers), and the transfer must be affected in accordance with all applicable Laws. Suppressors will only be transferred to an FFL Dealer with a valid Special Occupational Taxpayer (SOT) status. The term “Buyer” as used herein means any natural person who both accesses and uses the Guns.com Site and is a potential or actual purchaser of a Product from the Guns.com Site. The term “Gun” means a firearm or part as defined in 18 United States Code Section 921(a).
2. Purchase and Sale of Products Generally.
a. You agree that any order you place on the Guns.com Site is an offer to buy all Products listed in your order, subject to these Terms of Sale. All orders are subject to acceptance by Guns.com and Guns.com is under no obligation to accept any order or otherwise sell the Products to you. Guns.com may choose, at its sole discretion, not to accept orders, even after we send you a confirmation email with your order number and details of the items you have ordered. NO SALE OF A GUN IS COMPLETE UNTIL THE GUN HAS BEEN TRANSFERRED BY AN FFL DEALER TO THE PURCHASER IN ACCORDANCE WITH APPLICABLE LAW AND ALL APPLICABLE REQUIREMENTS OF THESE TERMS OF SALE HAVE BEEN SATISFIED. If the FFL Dealer is unable to transfer a Gun to a Buyer in accordance with applicable Law, the terms of Section 6 below shall apply.
b. Guns.com will arrange for shipment of ordered Guns and/or Suppressors to a licensed Dealer near you, or if you prefer, another FFL Dealer in your area as you direct. A transferring FFL Dealer that is not a Guns.com authorized Dealer must provide evidence satisfactory to Guns.com that it is a validly licensed FFL Dealer. Suppressors will only be transferred to an FFL Dealer with a valid Special Occupational Taxpayer (SOT) status upon transfer approval via ATF Form 3. Guns.com is not responsible for delays in ATF Form 3 approval times. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of the order. The customer is responsible for the timely and accurate completion of all necessary steps to complete the transfer of any items from the transfer dealer. Guns.com is not responsible for delays in ATF approval times. Bulk orders may be charged an added fee based on the shipping policy in place at the time of order.
c. For offers on used Guns, Buyers may have the opportunity to submit offers directly to certain listing Dealers via the Guns.com Site. Offers on used Guns constitute a direct negotiation between a Buyer, on one hand, and Guns.com or the listing Dealer, on the other hand. Once a Buyer makes an offer on a used Gun, Guns.com or the Dealer, as applicable, may accept, decline, or make a counteroffer within 24 hours. The offer will be automatically declined as an expired offer unless accepted within 24 hours. If Guns.com or a Dealer makes a counteroffer, the Buyer has 24 hours from the time the counteroffer is made to accept or decline that counteroffer. After 24 hours, the counteroffer will be automatically declined as an expired counteroffer unless accepted by Buyer. If the counteroffer expires or is declined, there are no further opportunities for a counteroffer by the Buyer and the Buyer will be blocked for 30 days from making any further offers on the specific used Gun subject to the negotiation. Guns.com will inform the Buyer once an offer on a used Gun is accepted. The item will be automatically put into the Buyer’s shopping cart on the Guns.com Site and the Buyer will have 24 hours to check out at the agreed price or the transaction will be voided. An order is not complete until the Buyer completes the checkout process on the Guns.com Site and the other requirements for sale set forth herein have been satisfied. If there are multiple Buyers and/or offers, the Buyer who first successfully completes the entire checkout process will be the rightful orderer of the used Gun.
d. Buyers are responsible for reading the complete Product description prior to placing an order, especially with regard to the condition of used Guns. Guns.com attempts to ensure Product descriptions and prices are as accurate as possible. However, it is the Dealer’s responsibility to provide accurate descriptions, specifications, pricing, images, and inventory status for all Dealer’s used Products listed on the Guns.com Site, and Guns.com does not warrant that any Product description or other content is accurate, complete, reliable, current or error free. Guns.com reminds the Buyer to verify all Guns before taking physical delivery from the FFL Dealer. If a customer chooses not to take delivery of the Gun because of an error in the description on the Guns.com Site, Guns.com will use commercially reasonable efforts to remedy any mistakes.
e. Not all Products are available in all areas due to federal, state, or local Laws. Guns.com reserves the right to limit Product quantities in its sole discretion. For new Products many of our pictures are stock photos provided to us by the manufacturer and do not necessarily represent the actual item being purchased. Please verify the Product by the title and description in the listing and don’t rely on the photos alone.
f. A Buyer must pick up any Gun ordered through the Guns.com Site from the designated FFL Dealer facilitating the Gun transfer within 14 days of the date such Gun is available for pickup from such FFL Dealer. If the Buyer fails to pick up the ordered Gun within this timeframe, the order is subject to cancellation, in which case the ordered Gun will be shipped back to Guns.com and the Buyer will be charged the restocking and shipping fees in effect at that time.
g. Your purchase and receipt of all Products is subject to compliance with all federal, state and local laws, statutes, ordinances, rules and regulations (“Laws”). By proceeding with the purchase of any Products offered on the Guns.com Site, the Buyer certifies: (i) the Buyer has reviewed all applicable Laws related to the use, possession, purchase and/or ownership of the Products; (ii) the Buyer is legally permitted to use, possess, purchase and/or own the Products; and (iii) the Buyer does not intend to transfer any Products in violation of any applicable Laws. BUYER IS RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE ORDER, SHIPMENT, DELIVERY, SALE, TRANSFER, POSSESSION AND USE OF ALL PRODUCTS ORDERED BY BUYER, INCLUDING, WITHOUT LIMITATION, GUNS, AMMUNITION AND ANY OTHER PRODUCTS RESTRICTED BY LAW. BUYER IS RESPONSIBLE FOR PAYING ANY ADDITIONAL FEES THAT ARE REQUIRED AT PICKUP FOR TRANSFER OF OWNERSHIP.
3. Prices and Payment Terms
a. All prices on the Guns.com Site are quoted in US currency. All prices, discounts, and promotions posted on the Guns.com Site are subject to change without notice. The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in the Buyer’s order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in the shopping cart and in the order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Information regarding Products posted on the Guns.com Site is not an offer, but an invitation from customers to make an offer.
b. From time to time, we may offer promotions on the Guns.com Site that may affect pricing and that are governed by terms and conditions provided at the end of these Terms of Sale or which may otherwise be provided on the Guns.com Site. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
c. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept the methods of payment identified during the checkout process on the Guns.com Site. Each Buyer represents and warrants that (i) the credit card or other payment information supplied to us is true, correct and complete, (ii) the Buyer is duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by the Buyer will be honored by the credit card company or payment method processor, and (iv) the Buyer will pay charges incurred at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Guns.com Site at the time of the order.
d. Products will only be delivered to the owner of the credit card or the account holder of the payment method used to make the purchase without exception.
4. Shipments; Delivery.
a. You represent and warrant to Guns.com that all Products you order through the Guns.com Site may be shipped, delivered, sold and transferred to you and possessed by you in the jurisdiction you specify for delivery in accordance with all Laws. You are responsible for complying with all applicable Laws, including all local laws, ordinances, rules and regulations.
b. Guns.com will arrange for shipment of ordered Guns to a Dealer near you, or if you prefer, another FFL Dealer in your area as you direct. A transferring FFL Dealer that is not a Guns.com authorized Dealer must provide evidence satisfactory to Guns.com that it is a validly licensed FFL Dealer. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of the order. Bulk orders may be charged an added fee based on the shipping policy in place at the time of order.
c. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
d. While it is your responsibility to comply with applicable Laws, Guns.com has a compliance protocol in place to help prevent the shipment of Guns and any other restricted Products to a jurisdiction in which such Guns or restricted Products are prohibited by Law. However, should Guns.com become aware that a Gun ordered from the Guns.com Site has shipped to a jurisdiction in which the Gun is prohibited by Law, the transaction will be canceled and will require the Gun to be returned to Guns.com in accordance with Section 6 below.
e. Guns.com does not ship any Products to PO Boxes, Alaska, Hawaii, Connecticut, Puerto Rico, or APO/FPO addresses. Guns.com does not ship suppressors to Alaska, California, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, New York, New Jersey, or Rhode Island. Guns.com does not ship accessories to California.
f. Free shipping promotions do not apply to Bulk Orders or to Expedited Shipping orders. The minimum purchase amount to qualify for each free shipping offer does not include fees or tax.
5. Package Protection.
a. To provide greater safety, security, and assurance for our customers, Guns.com automatically includes “Package Protection” at checkout as part of its shipping and delivery services for all Products ordered from the Guns.com Site. Buyers may opt out of using Package Protection by un-checking the Package Protection box at checkout. The Package Protection fee is a flat rate based on the customer’s item(s) subtotal.
b. With Package Protection, if a Buyer submits a claim for a lost, stolen or damaged package, and Guns.com confirms that the package was lost, stolen or damaged during shipping, Guns.com will, in its sole discretion, either (i) provide a replacement product(s) that is the same as the covered item(s), or (ii) refund the purchase price of the Product, plus applicable shipping, taxes and fees. The amount refunded will not include the price charged for the Package Protection coverage itself. If a Product is delivered that was damaged in transit, the Buyer must notify Guns.com within 24 hours of delivery, and Guns.com may, in its sole discretion, require photographic evidence of the damaged Product in order to determine refund eligibility, and require the Product be returned to Guns.com in accordance with Section 6 below.
6. Returns and Refunds Policy.
a. Return of Guns Generally. You should carefully inspect all Guns before taking physical delivery of the Gun from the FFL Dealer, as the Guns.com Returns and Refunds Policy only covers malfunctioning Guns as described below. All sales are final once you leave the FFL Dealer with your Gun, except as specifically provided in this Section 6. The Guns.com Returns and Refunds Policy is handled directly by Guns.com, not the Dealer. If you have questions about this Policy, please contact Guns.com via the Guns.com Site before placing an order. With respect to Guns.com obligations, the terms and conditions found in this Section supersede all return, refund and warranty policies offered by a Dealer.
b. New Guns Return Policy. All sales of Guns listed for sale on the Guns.com Site as “New” are final. New Guns will be covered by any applicable manufacturer’s warranties. Guns.com may assist Buyers in contacting the manufacturer but does not provide any warranty or assume any warranty responsibility. See Section 7 below regarding certain disclaimers. If a new Gun is purchased from the Guns.com Site and has mechanical defects or otherwise does not function properly, the manufacturer’s warranty policy will apply, and Buyers must work directly with the manufacturer.
c. Certified Used Guns Return Policy. Guns.com offers a ‘no questions asked’ return policy for used Guns listed as “Certified” on the Guns.com Site (“Certified Used Guns”). For a period of 3 calendar days after physical transfer of a Certified Used Gun to Buyer, Guns.com will accept a return of the Gun regardless of reason for a full refund less: applicable processing fees, original and return shipping fees, the cost of Package Protection (if originally purchased), and a 15% restocking fee; provided such Gun has been used properly and is returned in the same condition as when transferred to the Buyer. This ‘no questions asked’ policy only applies to used Certified Used Guns. Buyers should contact Guns.com directly within 3 calendar days of physical transfer for a return shipping label and RMA number. A Guns.com Certified Used Gun with a mechanical defect may be returned for a full refund within 7 calendar days of physical transfer to Buyer, provided such Gun has been used properly and is returned in its original condition. After 7 calendar days, all sales of Certified Used Guns are final.
d. Non-Certified Used Guns Return Policy. Guns.com will accept the return of other used Guns (those not listed as “Certified”) with mechanical defects for a full refund if returned within 3 calendar days of physical transfer to Buyer, provided such Gun has been used properly and is returned in its original condition. After 3 calendar days, all sales of used non-Certified Guns are final. This Returns and Refunds Policy is offered by Guns.com and Product returns are therefore sent directly to Guns.com. Buyers should contact Guns.com directly within 3 calendar days of physical transfer for a return shipping label and RMA number (as defined below).
e. Exceptions to Returns and Refunds of Guns. Notwithstanding anything in this Section 6 to the contrary, in no event will Guns.com accept returns or provide refunds for any Gun in the event of: (i) defects or malfunctions which result from careless handling, unauthorized adjustments or modifications made or attempted by anyone, or failure to follow the correct assembly and disassembly instructions; or (ii) use of defective or improper ammunition, corrosion, neglect, abuse, ordinary wear and tear, or unreasonable use, in each case, as determined by Guns.com in its reasonable discretion.
f. Return Due to Failed Transfers of Guns. If the Buyer does not pass a background check or the transfer is not otherwise able to be completed, whether the Buyer is not able to take legal possession of the Gun or for any other reason, or if the Buyer does not pick up a Gun from the designated FFL Dealer within 14 days of arrival, the transaction will be canceled. Upon such cancellation, the Buyer will be refunded the amount paid less: original and return shipping fees, applicable processing fees, the cost of Package Protection (if originally purchased), and a 15% restocking fee.
g. Procedure for Return of Guns. To return Guns, a Buyer must contact Guns.com to obtain a Return Merchandise Authorization ("RMA") number. No returns of any type will be accepted by Guns.com without an RMA number. Guns.com does not take title to, or accept risk of loss for, returned Guns until the Gun arrives back at the Guns.com facility.
h. No Returns of Ammunition, Optics, Magazines, Holsters, Knives, Hunting Gear, Range Gear, Upper Receivers, Suppressor Components, and other Accessories.
i. All sales of ammunition are final. Guns.com does not accept returns of ammunition for any reason whatsoever. No refunds, credits, discounts or exchanges will be issued for any reason for any ammunition.
ii. All sales of optics, magazines, holsters, knives, hunting gear, range gear, upper receivers, suppressor components and other accessories are final. Guns.com does not accept returns of optics, magazines, suppressor components and other accessories for any reason whatsoever. No refunds, credits, discounts or exchanges will be issued for any reason for any optics, magazines, suppressor components, and other accessories. Optics, magazines and other accessories may be covered by applicable manufacturer’s warranties. Guns.com may assist Buyers in contacting the manufacturer but does not assume any warranty responsibility.
iii. The terms and conditions found in this Section supersede all Dealer return, refund and warranty policies.
i. Merchandise Returns. Guns.com clothing and merchandise (not including Guns, ammunition, optics, magazines and certain other Products sold on the Guns.com Site) can be returned within 30 days of receipt. Guns.com provides free return shipping on Guns.com branded merchandise and on all clothing eligible for return. Returned clothing may not be washed or worn or have any damage.
j. No Returns of Suppressors. All suppressor sales are final. Guns.com does not accept returns on completed sales of suppressors.
k. Failed Transfers of Suppressors.
i. ATF Denials or Return Without Action. If your FORM 4 application is denied approval, Guns.com will process a cancellation and return of the product. You will be refunded at the full cost of the purchase, minus any fees, a $30 return shipping fee, original shipping charges, and a 15% restocking fee. 100% of sales tax will be refunded.
If your application is deemed returned without action (RWA) by the ATF, your application will be resubmitted after you resolve your record at no additional cost. Should you choose not to resubmit your application, Guns.com will process a cancellation and return of the product. You will be refunded at the full cost of the purchase, minus any fees, a $30 return shipping fee, original shipping charges, and a 15% restocking fee. 100% of sales tax will be refunded.
ii. Unresponsive Customer Policy. Buying a suppressor with Guns.com is simple, but the process requires your active participation with the NFA FFL pickup location to ensure all paperwork is completed and submitted to the ATF in a timely and accurate manner. If the NFA FFL is unable to move your application forward because you have not provided a response to their requests, your order may be subject to cancellation by the NFA FFL. In this event, Guns.com will process a cancellation and return of the product. You will be refunded at the full cost of the purchase, minus any fees, a $30 return shipping fee, original shipping charges, and a 15% restocking fee. 100% of sales tax will be refunded.
7. Disclaimers
a. If used improperly, Guns can be dangerous. If you order a Gun through the Guns.com Site, you agree to follow all manufacturer safety instructions and to use any such Gun in a safe manner, in an approved area, and solely for legal purposes.
b. Guns.com does not manufacture any of the Products offered on the Guns.com Site. The availability of Products or services through the Guns.com Site does not indicate an affiliation with or endorsement of any Product, service, manufacturer or Dealer. Accordingly, Guns.com does not provide any warranties with respect to the Products or services offered on the Guns.com Site. However, some Products offered on the Guns.com Site are covered by the manufacturer's warranty as detailed in the Product's description on the Guns.com Site and included with the Product. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer's warranty.
c. Guns.com assumes no, and Buyer hereby releases Guns.com from any, responsibility for Product defects or malfunctions or for physical injury or property damage, whether resulting in whole or in part from criminal or negligent use of a Product, improper or careless handling, unauthorized modifications, use of defective, improper hand-loaded, reloaded or remanufactured ammunition, Buyer abuse or neglect of the Product or other influences beyond Guns.com’s direct and immediate control, or otherwise.
d. You affirm that Guns.com shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer's failure to honor its warranty obligations to you.
e. You understand that handling, cleaning or discharging a Gun, ammunition or ammunition components may cause exposure to lead, and you hereby hold Guns.com harmless from and assume all responsibility and liability for any lead exposure.
f. GUNS.COM MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR THE GUNS.COM SITE, WHICH ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUNS.COM DISCLAIMS ALL WARRANTIES RELATING TO THE PRODUCTS, THE GUNS.COM SITE OR THE USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY OR NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
8. Your Representations and Warranties to Guns.com.
a. You represent and warrant to Guns.com that: (i) you have the legal power and capacity to enter into these Terms of Sale and perform all of your obligations and responsibilities hereunder, including being of the requisite age required by Law to complete any purchase of a Product hereunder, (ii) these Terms of Sale constitute a valid and binding agreement, enforceable against you in accordance with their terms, and (iii) you will not violate any Laws in connection with your purchase of Products.
b. If you are ordering a Gun or other Product restricted by Law, you further represent and warrant that: (i) you are not prohibited by Law from receiving or possessing Guns or any other Product you order that is restricted by Law, (ii) you are the actual transferee/purchaser of the Gun or other restricted Product you order and you are not ordering or acquiring such Gun or restricted Product on behalf of any other person, (iii) you assume all responsibility for the legality of any Gun or other restricted Product you order or receive and (iv) all information and documentation provided by you during the ordering and sale process and at the point of transfer, including, without limitation, all information provided by you on ATF Form 4473 or any other legally required documents or forms, is true, complete and accurate in all respects.
c. You represent and warrant that you are buying Products or services from the Guns.com Site for your own personal use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to permissible locations within the USA. By ordering any Products from the Guns.com Site, you certify that you, or third parties at your direction, will not sell, transport, ship or transfer outside the borders of the USA or to any “foreign person,” any Products which are export restricted by United States export-control laws and regulations, without proper United States government export authorization, licensing and documentation. It is your responsibility to determine whether any Product is subject to export restrictions. “Foreign person” has the meaning provided in 22 Code of Federal Regulations Section 120.16.
9. Privacy.
Guns.com respects your privacy and is committed to protecting it. The Guns.com Privacy Policy, which can be found here, governs the processing of all personal data collected in connection with the use of the Guns.com Site.
10. Limitations of Liability.
a. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL GUNS.COM BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, HOWSOEVER ARISING IN CONNECTION WITH THESE TERMS OF SALE, EVEN IF GUNS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
b. Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUNS.COM’S AGGREGATE CUMULATIVE LIABILITY FOR ANY REASON WILL BE LIMITED TO, AND WILL IN NO EVENT EXCEED, THE AMOUNT PAID BY BUYER TO GUNS.COM IN RESPECT OF THE PARTICULAR PRODUCT ORDERED THROUGH THE SITE.
11. DISPUTE RESOLUTION AND BINDING ARBITRATION.
a. YOU AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND GUNS.COM ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory.
b. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GUNS.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING.
c. THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND GUNS.COM ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
d. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the applicable AAA rules then in effect (the "AAA Rules"), except as modified herein. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act (9 U.S.C. 1, et seq.) will govern the interpretation and enforcement of these Terms
e. The place of arbitration will be Minneapolis, Minnesota. The arbitration will be conducted by a single arbitrator chosen by you and Guns.com or, if you and Guns.com do not agree on the arbitrator, an arbitrator selected in accordance with the AAA Rules. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Subject to the terms and conditions of these Terms of Sale (including the exclusions, limitations and disclaimers set forth herein), the arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
f. You and Guns.com shall bear equally all fees and costs of arbitration, including, without limitation, AAA fees and arbitrator fees. Each party shall be responsible for its own attorneys’ fees and expenses.
g. If any provision of this Section 11 is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.
12. Miscellaneous.
a. Entire Agreement. Our order confirmation, these Terms of Sale, and the other agreements incorporated by reference constitute the entire arrangement and understanding between the you and Guns.com and supersede all prior agreements, negotiations and discussions relating to the subject matter hereof, whether written or verbal.
b. Waivers. In no event will any delay, failure or omission of a party in enforcing, exercising or pursuing any right, claim or remedy under these Terms of Sale be deemed as a waiver thereof, unless such right, claim or remedy has been expressly waived in writing.
c. Notices. Except as otherwise specifically set forth herein, any notices and other communications given or made pursuant to these Terms of Sale to you by Guns.com will be in writing and will be deemed effectively delivered: (i) when posted to the Guns.com Site, or (ii) when sent by email to the email address you provide. It is your responsibility to keep your email address current. Any notices and other communications given or made pursuant to these Terms of Sale to Guns.com by you will be in writing and will be deemed effectively delivered: (i) when sent by email to Guns.com at Rangemasters@Guns.com, on the date of confirmed electronic transmission or (ii) if sent by overnight courier, or registered or certified mail to PO Box 1131 13800 Nicollet Blvd Burnsville, MN 55337. We may update the email address or address by posting a notice on the Guns.com Site.
d. Force Majeure. Guns.com will have no liability to you under these Terms of Sale to the extent that it is delayed, prevented or hindered in performing any of its obligations under these Terms of Sale as a result of any circumstance or occurrence beyond its reasonable control, including, without limitation, acts of God, strikes, blockades, acts of terrorism, riots, storms, earthquakes, explosions, fires, floods, Internet or telecommunications failures/outages/delays, third-party hosting facility failures, denial of service attacks, or other similar occurrences.
e. Partial Invalidity. If any provision of these Terms of Sale or the application of it will be declared or deemed void, invalid or unenforceable in whole or in part for any reason, these Terms of Sale will be amended in order to give effect to, so far as is possible, the intent of these Terms of Sale. If Guns.com fails to amend these Terms of Sale, the provision, which is void, invalid or unenforceable, will be deemed deleted and the remaining provisions of these Terms of Sale will continue in full force and effect.
f. Governing Law; Venue; Jurisdiction. These Terms of Sale will, in all respects, including all matters of construction, validity and performance, be governed by the laws of the State of Minnesota, without regard to any conflicts of law principles which may result in the application of the laws of another jurisdiction. Any suit, action or proceeding arising in connection with these Terms of Sale and that is permitted to be brought outside of arbitration (if any) will be brought in the state or federal courts sitting in the State of Minnesota and the parties hereby expressly submit to the jurisdiction of such courts for the purpose of any such suit, action, or proceeding. Each party hereby irrevocably waives any objections which it may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to these Terms of Sale if brought in Minnesota, and hereby further irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.
g. Assignment. You may not assign these Terms of Sale or your rights and obligations hereunder, either in whole or in part, and whether by operation of law or otherwise, without the prior written consent of Guns.com. Any attempted assignment or delegation by you in violation of this Section will be null and void, and will constitute a material breach of these Terms of Sale.
Promotional Terms and Conditions
• ID.me Military & First Responder Discount: Your coupon code is applicable towards all new, select used guns, accessories, ammo, or merch products. Only available to verified military and first responder ID.me accounts. Discounted products are subject to availability. Sale products and clearance products are not eligible for discount. Discounts does not apply to taxes, fees, and shipping charges. Restrictions may apply when combining ID.me discount with other discounts or promotions. Guns.com reserves the right to change product eligibility, discount and/or prices at any given time without prior notice. Click here to read ID.me Terms and Conditions.
• Guns.com Warehouse Clearance Sale: Includes select Guns.com used and new firearm inventory. Select inventory can be viewed here. Warehouse clearance firearm inventory is an additional 10%, with up to a 35% discount on select firearms. Qualifying inventory is indicated on sale and can be found here.
• Free Shipping Promotion: The minimum purchase amount to qualify for each free shipping offer does not include firearms fees or tax. Order total calculations used to determine spend level eligibility for promotions will be made after any other discounts, tax, and other fees are subtracted from the total amount in the cart. Discount will be taken automatically at checkout. All certified used firearms purchased qualify for free shipping. All other firearms and lower receivers purchased will include a shipping charge. Site wide free shipping promotion does not apply to ammo, unless otherwise specified. Any free shipping promotions do not apply to bulk orders or to expedited shipping, unless otherwise specified.
• Packages and Sets: No substitutions of any kind may be made for available packages or promotional items. Packages are available as is and are pre-packaged and therefore can not be split or separated. LIMITED QUANTITIES AVAILABLE. Packages sold on a first come first served basis. Package deal is only valid while supplies last.
• Promotional codes: Cannot be redeemed for cash or gift cards, nor valid toward previous purchases. Sales tax, shipping & handling, and other fees do not qualify toward minimum purchase amount. Offer may not be eligible to be combined with other coupons, discounts, offers, or promotions. Void if altered, copied, transferred, auctioned or sold. No rain checks issued.
• All promotions apply to in-stock merchandise only. Promotions have restrictions and expiration dates. Please be sure to review the details and disclaimer associated with the promo code you're trying to use. Promotions may be limited to certain items. Promotions are only valid while eligible supplies last. Promotions do not apply to shipping charges or other fees unless otherwise specified. Promotions not valid for prior purchases. Other restrictions may apply. Guns.com reserves the right to modify or cancel promotions at any time. Promotion will not discount items below manufacturer MAPP pricing.
• Terms and Conditions are applied to gift cards. No service fees apply. Guns.com gift cards do not expire or have an expiration date. If a gift card is lost or stolen, a balance is requested, or card maintenance is required, please visit https://web.givex.com/ or call 1-866-582-4867. Guns.com eGift card is only redeemable at Guns.com and is non-refundable.