Guns.com Terms of Purchase
The following Terms of Purchase (the “Terms”) apply to all sales transactions between you, as seller, and Guns.com, LLC (“Guns.com”, “we”, or “us”) as purchaser, initiated by you on the Guns.com website, www.guns.com (the “Site”). We reserve the right to modify the Terms at any time. All sales transactions between you and us are subject to the then-current Terms. Accordingly, you should review the Terms each time you sell firearms and accessories (the “Products”) through the Site. If you do not agree with the then-current Terms, do not sell any Products through the Site.
1. Representations and Warranties
You represent and warrant to us that:
You have read and understand these Terms in their entirety.
You: (i) are a United States citizen or a lawful permanent resident alien (a “green card” holder); (ii) are 21 years of age or older; (iii) are the sole legal owner of the Products; (iv) are not prohibited from selling the Products to us; (v) are not under indictment for a crime punishable for a term exceeding one (1) year; and (vi) live in a state in which it is legal for you to own and possess the Products.
The Products have not been modified to make them non-compliant with federal, state, or local laws;
The Products are not subject to regulation under the National Firearms Act. (e.g., machine guns, short-barreled rifles, short-barreled shotguns, and silencers);
The serial numbers on the Products have not been obliterated, altered, or modified in any manner;
The Products are in good working order, and the Products are not defective;
The Products are not loaded, and the Products do not contain any ammunition;
Your residence address that you provided to Guns.com is your actual physical address; and
You have exactly followed Guns.com’s packing and shipping instructions for the Products as posted on the Site and as provided to you by Guns.com.
2. Inspection; Acceptance or Rejection of Products
Guns.com’s offer to purchase the Products from you is conditioned upon Guns.com’s inspection of the Products. We may accept or reject the Products for any reason.
If we accept the Products, then we will mail a check to you for the full amount of the agreed upon purchase price for the Products (subject to any applicable Handling Fee as described below) within three (3) days of Guns.com’s inspection of, and acceptance of, the Products. You will be responsible for any other applicable Federal, State, or Local taxes resulting from the purchase of the Products by us from you. Title and risk of loss to the Products will pass to us only upon Guns.com’s acceptance of the Products.
If we do not accept the Products, then we will return the Products to you at the address that you provided to Guns.com Guns.com’s return of the Products will proceed as follows: Within three (3) days of Guns.com’s inspection of the Products, we will contact you by email and inform you that Guns.com did not accept the Products. We will also provide a means for you to pay a return fee of $50 (unless such return fee is waived by us within our sole discretion). Upon receipt of payment of the return fee, we will send the Products to you at the at the address that you provided to Guns.com. If you do not pay the applicable return fee within ninety (90) days of our email to you, then title to the Products transfers to Guns.com, and we will have no further obligation to you. If we do not accept the Products, then title and risk of loss to the Products will not pass to us and will remain with you at all times, unless and until you fail to pay the return fee 90 days.
DO NOT SHIP A LOADED FIREARM OR ANY AMMUNITION WITH A FIREARM.
In the event you ship us a loaded Product or the package you ship to us contains a firearm and ammunition, you agree to pay us a handling fee of $150, in addition to any other applicable charges, fines, fees or costs that may apply (“Handling Fee”).
If you owe us a Handling Fee and we have agreed to purchase Product(s) from you, we will deduct the amount of the Handling Fee from any amounts we owe you for the purchase of Product(s).
If you owe us a Handling Fee and we do not accept and agree to purchase your Product, we will invoice you for the amount of the Handling Fee and you agree to pay us immediately upon receipt. If you do not pay the Handling Fee within ninety (90) days of our email to you, then title to Products in our possession transfers to Guns.com, and we will have no further obligation to you.
The payment of a Handling Fee in no way limits your liability to us for the breach of these Terms or for any other direct or indirect damage or loss suffered by us in connection with your breach, and you hereby agree to indemnify us against the same.
The Handling Fee is supplemental to and not in lieu of any rights and remedies we may have against you, and we reserve all such rights and remedies.
You are responsible at all times for complying with all applicable federal, state, and local laws with respect to your ownership possession, use, sale, and shipment of the Products. Never ship a loaded firearm or any package that contains both ammunition and a firearm.
You and Guns.com agree that Guns.com’s maximum liability to you pursuant to these Terms, and based upon Guns.com’s purchase of the Products from you through the Site, will be equal to the purchase price of the Products. IN NO EVENT WILL GUNS.COM BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND.
You agree to notify Guns.com immediately if your residence address changes.
You agree that we may verify your identity using Cognito or such other service or records search as we determine in our sole discretion.
From time to time, Guns.com may conduct contests, giveaways, sweepstakes, or promotions through the Site (the “Promotions”). Additional terms and conditions may apply to the Promotions, which such terms and conditions will be posted on the Site. You are responsible for reviewing all such terms and conditions that are applicable to a Promotion in order to determine if you are eligible for such Promotion. If there is a conflict between these Terms and the additional terms and conditions applicable to a Promotion, such additional terms and conditions applicable to such Promotion will apply.
These Terms may not be modified, except as expressly provided herein, or otherwise in writing signed by you and an authorized representative of Guns.com.