Terms and Conditions
Gun Trader PLUS User Agreement
To view the prior version of this User Agreement, please see this link.
As used in this Agreement, “you” or “User” means both (i) the individual now registering as a user of the Site or the existing user of the Site now agreeing to this Gun Trader PLUS User Agreement, as the case may be, and (ii) if applicable, the company or other business or governmental entity specified by you upon registration (any such entity, “your Company”). You and your Company,if any, are jointly and severally liable for your obligations under this Agreement.
Please note: This Agreement and the Site Rules set forth how claims between us are resolved. Under this Agreement, a User will not be able to proceed against us through a class or representative action, but will only be able to pursue claims or seek relief against us on an individual basis.
I. Registrationand Posting
1. Eligibilityand Accuracy of Information. By registering for an account or using the Site, you represent that you are at least 18 years of age, and of the age of legal majority in your state or country of residence, if older than 18. If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use the Site. You agree that you will not allow others to use your account, nor will you use your account or the Site on an outsourcing basis or on behalf of third parties. You also agree not to use the Site if you are temporarily or permanently suspended from using the Site.
2. Site Rules. In addition to the terms and conditions of this Agreement, your use of the Site is conditioned upon your compliance with certain rules governing selling and buying on the Site, password maintenance, postings and conduct on the Site, and other matters. These rules, the majority of which are available here but may also be found elsewhere as applicable on the Site (the “Site Rules”), are hereby incorporated into this Agreement in their entirety.
3. Termination and Suspension. We agree to provide you access to the Site and the services available on the Site only as authorized in this Agreement and the Site Rules. We reserve the right to reject your user registration by notifying you of our decision. Even after acceptance, we may terminate or suspend your account and ability to use the Site in our sole discretion, with or without cause and without prior notice to you. If we believe your actions may cause us or other Users legal liability, harm, or loss, we reserve the right to notify other Users of your actions.
Should you object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Site and related services in any way, your only recourse is to immediately: (i) discontinue use of the Site and services; (ii) terminate your membership; and (iii) notify us of termination. You may terminate this Agreement and your account with us only if you do not have active transactions on the Site and if your account is paid in full. At any such time, you may terminate this Agreement and your account by notifying us in accordance with the “Notices” section below. In addition, your account will be deemed inactive and closed if there is no activity on your account for one year. In the event your account is closed or terminated, it will be marked inactive in our systems, but we cannot delete your user information or transaction history.
5. Postings by Users. We provide sellers with tools and instructions for posting items for sale on the Site (each such item, a “Listing”). In addition, buyers, sellers or registered users may communicate with other users on the Site or post text, graphics, pictures and other content on the Site (any such material, “Postings”). We have the right, but not the obligation, to monitor, edit, refuse to post, or remove any Posting or Listing from the Site, in our discretion. Notwithstanding this right, we are not responsible for the content of Listings or Postings posted by Users. Monitoring of Postings and Listings by us is not intended to verify the accuracy of the information contained therein and should not be relied upon by you for any purpose.
6. Accuracy. You represent and warrant that all information given to us (including your name, address and other information associated with your account (“User Information”)), and all information communicated to other users of the Site, whether in a Listing or a Posting, is true, accurate, up-to-date and not misleading.
8. Third Party Websites. The Site may contain links to third party websites as well as third party advertisements. Gun Trader PLUS is not responsible for and has no liability for the privacy or other practices of any such third party. We recommend that you review the privacy policies of each website you visit.
II. 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.
Any returned ACH is subject to a returned $25.00 ACH fee.
All listings and transactions are subject to a $0.50 minimum charge.
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 Gun Trader PLUS 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 Gun Trader PLUS, LLC, 1700 N Dixie HWY #147 Boca Raton, FL 33432. 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 “Gun Trader PLUS, LLC” or “Gun Trader PLUS.”
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 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 (i) are not misrepresenting their identity, location or authority to enter into contracts, and (ii) 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 (i) safe, (ii) of any particular quality, (iii) non-infringing with regard to the intellectual property rights of any person or entity, or (iv) 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”).
5. Buyers and Sellers.
a. Buyer Undertakings. Placing a bid constitutes entering into a binding legal contract with the seller to purchase the Item on the terms stated in this Agreement, the Site Rules and in the Listing, if your bid is the winning bid. You agree that if your bid is the winning bid, you will complete the purchase of the Item on such terms. All payments for Items purchased on the Site shall be remitted to the seller (we do not accept payment in any form for the Items bid on by buyers). You agree that you will not bid on any Item unless the transfer and transport of that Item to you can be done in accordance with all Legal Requirements. You represent and warrant that you are bidding on all Items only for your own account and not for the benefit of any third party.
b. Seller Undertakings
(i) Listing an Item constitutes entering into a binding legal contract with the buyer to sell the Item on the terms stated in this Agreement, the Site Rules and in the Listing, if the buyer’s bid is the winning bid. You agree to complete the sale of all listed Items on such terms.
(ii) You represent to us that (A) you have the legal right to sell the Items you list, and (B) the sale of your Items on the Site will not (1) be fraudulent or involve the sale of counterfeit or stolen items, (2) shall not infringe any parties’ copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or (3) violate any Legal Requirement (including without limitation those Legal Requirements governing export or import control, consumer protection, unfair competition, anti-discrimination or false advertising).