TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

These Terms of Use apply to all users of the Guns.com Site, including without limitation users who are Buyers (as defined below), Dealers (as defined below), contributors of content, information and other materials or services on the site (each a “User” and collectively “Users”). By acknowledging your assent to these Terms of Use or by placing an order for products or services from the Guns.com Site, you affirm that you are of legal age to enter into this agreement, and you accept and are legally bound by these Terms of Use. If you are a Dealer, you are also subject to the Guns.com Dealer Terms of Use, which are available to Dealers at the Dealer Portal.

You may not use the Guns.com Site if you (a) do not agree to and comply with these Terms of Use, 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).

  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 Network 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.  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 as defined in 18 United States Code Section 921(a).
  2. Purchase and Sale of Products Generally.

    1. 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 Use. 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 USE HAVE BEEN SATISFIED. If the FFL Dealer is unable to transfer a Gun to a Buyer in accordance with applicable Law, see Section 5(i) below.
    1. Guns.com will use commercially reasonable efforts to verify the availability of requested Products in a timely manner. Guns.com tries to maintain an accurate listing of inventory available but is ultimately dependent upon its network of suppliers to provide accurate inventory availability information. Guns.com will not fulfill and ship an order until it has confirmed all Products included in the order are in stock and available for shipment. If a Buyer places an order for a firearm(s) and other accessory items, the accessories will be put in a hold status until availability of the firearm is confirmed. If for any reason the firearm is unavailable and the purchase cannot be completed, the entire order, including accessories and non-firearm items, will be canceled and the Buyer notified.
    1. 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 counteroffer within 24 hours.  After 24 hours, the offer will be automatically declined as an expired offer. If Guns.com or a Dealer makes a counteroffer, the Buyer has a new 24 hours to accept or decline that counteroffer.  After 24 hours, the counteroffer will be automatically declined as an expired counteroffer.  There are no further opportunities for a counteroffer by the Buyer after the initial counteroffer made by Guns.com or the Dealer.  A Buyer will be blocked for 30 days from making any further offers on a specific used Gun after being declined by the Dealer for the second time. Guns.com will inform the Buyer once an offer or counteroffer 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.
    1. Buyers are responsible for reading the complete Product description prior to placing an order, especially in regards 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 leaving the Dealer and in the case of a situation where 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 its best efforts to remedy any mistakes.
    1. Not all Products are available in all areas due to federal, state, or local Laws. Guns.com reserves the right to limit Product quantities. 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.
    1. A Buyer must pick up any Gun he or she orders through the Guns.com Site from the designated FFL Dealer facilitating the Gun transfer within 14 days of the date such order is available for pickup from such FFL Dealer.  If the Buyer fails to pick up his or her order within this timeframe, the order is subject to cancellation, in which case the Product at issue will be shipped back to Guns.com and the Buyer will be charged certain restocking and shipping fees.
    1. 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.
    2. Prices and Payment Terms

      1. 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.
      1. 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 separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.
      1. 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 he or she supplies to us is true, correct and complete, (ii) such Buyer is duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by such Buyer will be honored by his or her credit card company or payment method processor, and (iv) such Buyer will pay charges incurred by him or her 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.
      1. 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.

Privacy. Guns.com respects your privacy and is committed to protecting it. The Guns.com Privacy Policy, https://www.guns.com/privacy-policy, governs the processing of all personal data collected in connection with the use of the Guns.com Site.

  1. Your Representations and Warranties to Guns.com.

  1. You represent and warrant to Guns.com that: (i) you have the legal power and capacity to enter into these Terms of Use 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 Use constitute a valid and binding agreement, enforceable against you in accordance with their terms, (iii) you will not violate any Laws in connection with your use of the Guns.com Site or purchase of Products, and (iv) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the Guns.com Site.
  2. 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.
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