Armory Auction LLC Seller Agreement and Site Rules
(Doing Business As and with Internet domains; Gunonline.com and Armory.Auction; also known as the website.)
The following describes the rules for use of the services provided by this Web Site. We reserve the right to supplement, revise or update these Site Rules at any time. Your continued use of the Site following such amendment means you accept and agree to any such updates, revisions and additional rules.
We provide an advertising venue for sellers to list and sell Items and buyers to bid on and purchase Items. We do this through an auction-like format, although we are not auctioneers. To be perfectly clear; we are not an "Auctioneer", we are not conducting estate-type auctions, nor are we conducting consignment-type auctions, we are an advertising service.
When a seller lists an Item, the seller provides basic information about the Item, sets out the terms of the sale (which may vary from the basic terms in these rules in some instances), and the seller may, if he chooses, set a reserve price, a minimum bid or starting bid. Below you will find further information and rules on selling and bidding on the Site.
Standard auction listing with no options are free but have the “After Sale” sellers fee. The winning bidder is the highest bidder on the Item, or in the event of a tie, the bidder who placed the highest bid first. In the case of a reserve price auction, a bid is only a winning bid if it meets or exceeds the reserve price on the Item.
Sellers may use our Classified Listing process to sell, this requires an upfront payment of the listing fee which is not refundable regardless of sale or not. For an small extra fee the listing may be set to “Til’ Canceled”. Classified Listings are a communication forum to engage sellers and buyers to come to an arrangement based on “Asking Price” or “Make an Offer since a price is not required. There is no “After Sale” sellers fee. Additionally, this format does not allow the seller to offer "Instant Checkout" or any other site engagement other than communications support for the sale of the classified item. The Seller deletes the item if it is sold before the listing end date or if its set for "Til' Canceled". This means there is no Buy Button, or may to show an item was purchased by a particular user. This also means that seller feedback is not captured.
Fixed Price (Multi-Item) listings
Sellers may use our Fixed Price listing, while the format is designed for multiply items listed for the same fixed price, a listing my only be for one item. The standard listing with no options is free. The advantage over Classified listings are a “Buy” button, potential to offer “Instant Checkout” or accept “Offers”. Like Classified listings, you may pay for the option to list “Til’ Canceled”. Like auctions there is the standard “After Sale” seller fee.
1. Registration Accuracy. You must Register or use our Site. You must provide true and accurate User Information about yourself in the registration form. It is your responsibility to keep this information up-to-date.
2. Member Account, Password and Security. Once you register, you will receive a User ID and a password. You are responsible for maintaining the confidentiality of your User ID and your password. You are also entirely responsible for any and all activities that occur under your User ID and password. You must notify us immediately if you become aware of any unauthorized use of your User ID and password or any other breach of security relating to Your User ID and password and the Site.
1. Listing. Once you list an Item for auction it becomes an irrevocable offer to sell the Item to the winning bidder. Once there is a winning bid, you have a binding legal agreement to sell the listed Item to the winning bidder under the User Agreement, these Site Rules, and according to the terms of your listing for the Item. Once you list an Item and receive a winning bid, you cannot withdraw it from sale. Please carefully consider these obligations before you place an Item for auction.
2. Listing Content. A Listing must offer a specific product or service at a specific price. Any Listing we consider to be general advertising instead of an offering of a specific product or service may be removed at our sole discretion. We reserve the right to edit (but have no obligation to do so) or remove an auction Listing for violations of law, violations of Amory Auctions governing policies or in our sole discretion. We may move a Listing to another category if we consider the Listing inappropriate for the listed category, so put your Listings in the most appropriate category.
Item titles may not be in ALL CAPS. We do not allow the posting of multiple Listings for the same item; excessive duplicate Listings may be removed at our sole discretion without notice.
3. Non-U.S. Sellers. If all applicable laws of the countries of residence of both buyer and seller are followed, non-U.S. sellers are welcome to list Items for sale on the site. Laws may vary considerably, and you as buyer and seller assume complete responsibility for compliance with all Legal Requirements of the U.S.A. and other jurisdictions in these cases. You agree that any guidance provided on the Site (whether as part of these Site Rules, the User Agreement or elsewhere) does not constitute legal advice to you or any other person, and you are responsible for ensuring that you obtain any legal advice necessary to ensure your compliance with the Legal Requirements applicable to your Listing and sale/purchase.
If an Item is sold to a U.S. buyer by a non-U.S. seller, the Item must be legally imported into the U.S. in compliance with all Legal Requirements including any permits for import and/or customs declarations required by law. Certain Items may not be imported into the U.S. or other jurisdictions under various applicable federal, state and local laws. The import of any Firearm or ammunition requires a Federal Firearms License (FFL) holder to carry out certain filings with U.S. Customs and Border Protection and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). If you do not file the proper paperwork before shipping the Item, the firearm will be confiscated by the authorities.
1. Bidding. If you place a bid on an Item, it is an irrevocable offer to buy the Item at the price in the bid. If you place the winning bid, you have a binding legal agreement with the seller to buy the Item at the winning bid price on the terms in the Item listing and according to these Site Rules. You must resolve any questions you have about the Item by contacting the seller of the Item before placing a bid. Do not place a bid until you are sure that you understand what you are bidding on and, if necessary, after you have received answers to any questions you have from the seller.
Once a bid is placed, you may not cancel or retract the bid without the permission of the seller. The seller is not obligated to grant permission to retract or cancel a bid, and this Site will not request permission from the seller for a bid retraction or cancellation on your behalf. Any bid cancellation must be worked out between bidder and seller without assistance from the Site.
Bidding is subject to bid increments and Items may be subject to a minimum bid.
2. Payment. Armory Auctions does not accept payment in any form for any Items. Bidders must remit payment directly to the seller for any Item won. The site may enable a seller to provide Instant Checkout which provide the buyer access to the seller’s systems, again the buyer is paying the seller and not Armory Auctions.
Terms of Sale
1. Basic Terms of Sale. Unless the listing terms for an Item are different, the basic terms of sale of an auction Item are as follows:
• Buyer pre-pays in U.S. funds by personal or business check, bank check, money order, or Escrow services.
• Personal or business checks may be held by seller until they clear (maximum of ten business days).
• Buyer pays estimated actual cost of shipping and insurance.
• Title to the Item passes upon delivery of the Item to the buyer.
• Payment must be received within 10 days of initial contact by seller after auction closes.
• Item is guaranteed to be working and as described when delivered; no other warranty (express or implied) is offered by seller.
• Items must be shipped promptly upon clearance of funds.
• Seller (or seller’s common carrier) is responsible for the Item until the Item is received by the buyer or the buyer’s transfer dealer.
In general, no transaction should take over 30 days from the close of an auction until the buyer receives the Item. We recommend insuring all shipments and using delivery confirmation wherever possible.
2. Required Terms of Sale. The following terms of sale may not be modified by the terms of any Listing for an Item; any attempt to do so will be invalid and these terms will control.
• Firearms must be shipped only to a Federal Firearms License (FFL) holder. Buyer must e-mail, mail or fax a copy of his/her (or his/her transfer dealer’s) license to the seller before the Item can be shipped. Buyer must arrange with a transfer dealer before placing a bid.
• Items such as ammunition or knives may require you to send the seller a copy of government-issued proof of age such as a copy of your driver’s license or passport) before the item can be shipped.
Auction listings display the scheduled closing time for the auction. If there is bidding activity on the auction within 15 minutes of when the auction is scheduled to close, the auction automatically switches into a special mode analogous to the “going, going, gone” period of a live auction. In this mode, the auction is automatically extended until there have been no bids placed within 15 minutes. When 15 minutes have passed with no bidding activity, the auction closes.
1. Fees. Our fees are detailed on our Fees page. We may add, delete or change some or all of our services and fees at any time in our sole discretion, and any such change will take effect without further notice to you. It is your responsibility to check these rules and the Fees page before you engage in a transaction. Unless otherwise stated, all fees are quoted in U.S. dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur when you bid, buy, list or otherwise access our Site. ANY AND ALL PAYMENTS MADE TO US ARE NON-REFUNDABLE. This rule applies whether the Item sells or not.
2. Incomplete Transaction Credits. If a transaction is not completed by the bidder for any reason, we will credit the seller for a re-list of the Item. Contact us to receive this credit. If a seller refuses to complete any auction with a winning bidder, we will not issue a credit for any fees that seller incurs for that incomplete transaction. We will not issue credits for any sales that violate these Armory Auctions Rules or the Terms and Conditions Policy or any of our other governing policy documents, including illegal, improper or invalid Listings, or Listings that incur fees due to “shill” bidding.
If you engage in one of these practices once, we reserve the right to terminate your account immediately. In the event we issue a warning to you, repeated violations will lead to a termination of your account.
The foregoing not withstanding, under normal circumstances, all listing and Seller Final Fees are non-refundable. But if you have a reasonable reason to ask for a refund, we will reasonably attempt to determine if a refund is warranted and refund as appropriate.
A word about chargebacks, if you as a seller create a chargeback for any reason whatsoever, accidental or otherwise, your account and any listings will be deleted.
If you then desire a new account, there will be a $250.00 reinstatement fee. You are encouraged to contact us with any issues, chargebacks are not an acceptable issue resolution technique.
1. Refusal of Service and Indemnification. We reserve the right to refuse service to anyone. We will exercise this right with buyers who win an auction and fail to complete the transaction, and with sellers who list an Item and fail to sell it to the winning bidder(s). If you are found to have engaged in any abusive or fraudulent activity in connection with the Site, we may terminate your account. You are liable for and must indemnify, defend and hold us harmless from all claims, losses, damages, liabilities, judgments and fees, and pay any costs incurred by us for your misuse of the Site or for your violation of any of the Site Rules and the User Agreement, including but not limited to the amounts of third party claims against us, our actual attorneys’ fees and collection costs, and our fees incurred for any Items you win but fail to pay for or any Items on which you place false bids, as well as the cost of our time spent in resolving deliberate rules violations.
2. Side Deals. If a bid does not meet or exceed the reserve price (if any), on the Item then the bid is not a winning bid and the non-winning bidder is not obligated to buy the Item. Sellers are prohibited from soliciting or engaging in “side deals” with non-winning bidders during or after the auction. Non-winning bidders are prohibited from contacting sellers and requesting a side deal during or after the auction. Soliciting or engaging in side deals may result in suspension or termination of your account.
Any such transaction made between a non-winning bidder and a seller is a “side deal” and is outside the scope of this auction Site and the Site Rules (other than the paragraph immediately above prohibiting side deals). We will not provide contact information for users involved in a side deal. Buyers and sellers involved in a side deal cannot post feedback and cannot use the Site’s problem resolution tools.
3. Bid Manipulation. Bid manipulation of any kind is expressly forbidden. A seller may not place bids or arrange to have bids placed on his behalf. Shill bidding is not allowed and may be a violation of law. Shill bidding means placing a bid, or asking a third party to place a bid, in order to create an artificial bidding war. Buyers may not communicate with each other in order to manipulate the final purchase price of an item.
4. Buyer’s Protection/Dispute Resolution. Complaints of fraud by users of our Site are extremely rare. We provide a feedback system where buyers and sellers can publicly post their experiences with each other. Before placing a bid, a buyer should check the seller’s feedback to see how the seller has handled himself in past transactions. We strongly recommend that the buyer use either a credit card or an online escrow service because of the extra protection these payment options offer. To avoid some of the most common problems encountered by users of websites such as the Site, never send cash or use any payment method that provides no proof of payment, and never wire money outside your own country.If you are the winning bidder in an auction transaction, you send your payment and you either do not receive your item or receive an item that is substantially different from what was advertised, for problems other than fraud, you may be able to use the feedback system described below.All other complaints about a buyer or a seller in an auction must be addressed through either the feedback on the Site. We will not accept complaints via email, fax or telephone. Although disputes between buyers and sellers are rare, our Site is only a transaction venue and we will not arbitrate disputes or arguments between Users.
5. Unauthorized Use of Mail System/Spam. Our User-to-User messaging system (“Ask a Seller a Question,” “Mail this Listing to a Friend,” etc.) exists solely to allow contact between a bidder (or potential bidder) and a seller for the purpose of engaging in or completing an auction transaction. You are prohibited from using the messaging system for any other purpose. You may not contact bidders on similar listed Items and promote your own Items or offer another item for sale. You may not use this Site to engage in “spamming” (sending unsolicited commercial email to other users) for any purpose, including promoting the Site to earn affiliate program awards. Spamming will be reported to the applicable ISP(s) for further punitive action and may result in criminal or civil penalties under various Federal or state “anti-spam” laws. Abuse of our mail system and/or sending spam is a serious offense and will result in closure of your account.
6. User-Generated Content. We are not responsible for user-generated content such as Postings, Item listings, messages on our message forums, feedback, pictures, etc. You are solely responsible for any information that you post to this Site; we are only a passive conduit for your online distribution and publication of your information. If you post information that is libelous, slanderous, violates any law, or violates the intellectual property rights of anyone else, you will be solely liable for the consequences. We may take any action, including but not limited to removing the content or suspending or terminating your account, deemed necessary in our sole discretion to protect ourselves if we believe your information may create liability for us or may cause us to lose the services of our ISPs or other suppliers.
Feedback may only be posted between the winning bidder and seller in a transaction. Feedback is associated with a specific Item Listing and must pertain specifically to that Listing. If you submit feedback, make sure that your rating and comments are truthful to the best of your knowledge and accurately reflect what happened in the transactions; be careful not to submit feedback hastily and in anger. Do not take any actions that would undermine the integrity of the feedback system, including posting false good feedback to artificially improve another User’s rating or posting false bad feedback to damage another User’s rating. If you accumulate excessive negative feedback or display a pattern of unacceptable behavior your account may be suspended or permanently terminated.
This Site is not responsible for the information posted by a User in the feedback system. It is not our responsibility to determine the “truthfulness” of posted feedback, and we do not arbitrate disputes over feedback. We reserve the right to remove any User-posted feedback at any time for any reason.
Scheduled Maintenance/System Downtime
We reserve the hours between 1:00 am and 4:00 am (Eastern Time) for system maintenance. This may or may not cause system downtime. Auction ending times may be extended without notice because of scheduled or unscheduled downtime, but any such extensions are made in our discretion.
We are not responsible for bids not being processed or not being accepted due to technical difficulties. Auctions will not necessarily be extended due to technical problems. Do not wait until the last minute to bid!
We may, at our sole discretion, terminate your account at any time if your conduct fails to conform to these Site Rules. We may in our discretion terminate your account immediately if you harass, are abusive to, or use profanity directed to other Users, our Site or our personnel. Such action will also result in a notation appearing in your feedback.
See all other released Armory Auction LLC governance documents: