General Terms and Conditions

This Web site, (which hereinafter includes GunAuction Canada, its’ parents, subsidiaries, affiliates, officers and employees, also referred to as "We"), intends this site to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this Web site as stated below please let us know by contacting us.

Changes or Additions…
We reserve the right to change, revise, update or supplement these terms and conditions at any time, without notice to you other than by posting to this Web site. Your continued use of this site following such posted changes, revisions, updates or supplementary additions shall be deemed to indicate your acceptance of said changes, revision, updates or supplementary additions. The only exception being where your continued use is to discontinue your membership.

Membership…
Membership to and use of this Web site is only available to those you can form a legally binding contract under applicable law. This Web site does not permit minors (under 18) to register. If any member fails to signup with their correct age the account will be terminated immediately. Should you at any time object to any of these Terms and Conditions or become dissatisfied with this Web site in any way, then your only recourse is to immediately terminate use of this Web site, notify us of your termination, and discontinue use of this Web site.

General Terms…
You acknowledge and agree that:

• This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions.
• We are not involved in the actual transaction between buyers and sellers.
• We have no control over the quality, safety or legality of the items listed; the truth or accuracy of the listings; the ability of sellers to sell items or the ability of buyers to buy items.
• We cannot and we do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on.
• There are added risks of dealing with non-residents (buyers or sellers not resident in Canada), underage persons or people acting under false pretence.
• This Web site shall not be responsible for any items sold by Auction, for any damage to items during transit or during any inspection period (if any), nor for misrepresentations and/or breaches of contract by either buyer and/or seller.
• This Web site shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained.
• This Web site assumes no liability for the content of the listings or use of this Web site, however if you fall victim of a fraudulent transaction we will attempt to assist you.

There is no substitute for common sense and due diligence. We provide a feedback system for buyers and sellers to publicly post their experiences with each other. Before placing a bid buyers should check the seller's feedback to see how the seller has handled himself in past transactions.

Never send cash or use any payment method that provides no proof of payment.

Rights To Suspend or Terminate…
You agree that this Web site, in its own discretion, may terminate any auction or use of the service immediately and without notice if:

• We believe that you are not abiding by the general rules of this Web site;
• You have repeatedly broken a certain term;
• You have listed a suspicious item;
• We believe you to be a non paying bidder;
• You have forfeited on payment of any outstanding account balance.
• We suspect to be a duplicate account belonging to non-paying sellers or otherwise;

In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.

We reserve the right to edit or remove auction listings (or accounts, both personal and store accounts) as we deem necessary. Listings may be moved to a different category if deemed inappropriate for the listed category. We reserve the right to remove any listing deemed inappropriate or in violation of the letter or spirit of our rules.

We reserve the right, at our sole discretion, to limit or deny access to anyone.

Your Conduct…
You are solely responsible for the contents of your auctions through this Web site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You must not transmit through the service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.

You agree to be liable for and to pay for any costs incurred by this Web site for your misuse of the site or for your violation of any of the site's rules, including but not limited to fees incurred for any items you win but fail to pay for, fees for any items on which you place bogus bids, and any and all costs incurred resolving deliberate rules violations. Further, you agree to indemnify and hold this Web site, GunAuction Canada, its’ parents, subsidiaries, affiliates, officers and employees harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of this Web site and/or your violation of any of the Terms and Conditions contained herein.

Buyers/Bidders…
When you place a bid you are making an irrevocable offer to buy the item(s) at the price in the bid, provided the bid is a winning bid at the time of the close of the auction. Placing a bid constitutes entering into a binding legal agreement with the seller to purchase the item(s) at the winning bid price and in accordance with the terms stated in the item listing and the rules of this site.

A winning bid is a bid that is the highest bid on an item, or in the event of a tie, the bid placed chronologically earliest. 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. In the case of a Dutch auction there may be more than one winning bid depending on the quantity of items available and the number of bids placed.

You must resolve any questions about the item by contacting the seller of the item BEFORE placing your bid. Do not place a bid until you are sure that you understand what you are bidding on and, if necessary, have received a response from the seller of the item regarding any questions you may have. Once a bid is placed it may not be cancelled or retracted without the permission of the seller. The seller is not obligated to grant permission to retract or cancel a bid, and it is not the duty of this auction site to request permission from the seller for a bid retraction or cancellation. Any bid cancellation must be worked out between buyer and seller without assistance from the auction site. Bidding is subject to bid increments and items may be subject to a minimum bid. By bidding on an item, you authorize us to release your contact information, including name, address, email, and telephone number, to the seller who listed the item. Auctions will not be extended due to technical difficulties. Do not wait until the last minute to bid!

Sellers/Listings…
When you list your item for auction you are making an irrevocable offer to sell that item to the winning bidder. The winning bidder is the highest bidder on the item, or in the event of a tie, the bidder who placed the highest bid chronologically earliest. 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. In the case of a Dutch auction there may be more than one winning bid depending on the quantity of items available and the number of bids placed.

By listing the item you enter into a binding legal agreement to sell the item to the highest bidder as determined by the rules of the auction. Items listed on this auction site may not be concurrently offered for sale on any other Web site or by other means. Once an item is listed and has received a winning bid, the item may not be withdrawn from sale. Please consider carefully whether you want to place an item for auction. When listing items, ensure that the items listed for auction do not infringe upon the copyright, trademark or other rights of those third parties. By listing items for sale on this site you represent to us that your items do not infringe on the intellectual property of any third party and that you have a legal right to sell the items you list. Your description of the item must be truthful and accurate. Adding additional unrelated keywords to your listing to make it show up through our Search facilities is not allowed. Item Titles may not be in ALL CAPS.

The sale of your item(s) on this auction site shall not:

• violate any law, statute, ordinance or regulation (including but not limited to those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• be fraudulent or involve the sale of counterfeit or stolen items;
• infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
• be obscene or contain pornography or child pornography (which will be reported immediately to authorities, along with all account details, IP addresses, datestamps and timestamps as required).
• include links to other websites regardless of website content without the approval of GunAuction Canada; and
• not contain any viruses, Trojan horses, worms, bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

You may not post on our site or sell through our site:

• any item that could cause us to violate any law, statute, ordinance or regulation;
• any Prohibited Weapon, Prohibited Device, illegal items, instructions/kits/plans/parts designed to illegally convert firearms to full-auto fire, instructions/kits/plans/parts designed to illegally build prohibited devices (including silencers), or instructions on how to build destructive devices, bombs or explosives;

In the event of a conflict the rules of the auction as specified by this document supersede the terms stated in the seller's auction listing. A seller may not alter the rules of the auction by the language of his listing.

Auction Ends…
Auction listings display their scheduled end time. This Web site is not responsible for bids not being processed or not being accepted due to technical difficulties. Auctions will not be extended due to technical problems. Do not wait until the last minute to bid.

Maintenance…
We normally attempt to perform system maintenance during lowest traffic periods, currently early morning hours (between 3:00am and 6:00am EST). System maintenance times may vary based on current site traffic peak times and GunAuction Canada is not obligated to post advanced notice to this Web site or otherwise. This may or may not always be possible and may at times result in interruptions or even system shutdown. Auction ending times may be extended without notice as a result of scheduled or unscheduled downtime.

Terms of Sale…
Unless otherwise stated in the seller's auction description, the terms of sale of an auction item are as follows:

• Buyer pre-pays in Canadian dollars using Bank Draft or Money Order (or as otherwise noted in the auction description).
• Personal or business cheques (if allowed) may be held for ‘clearance’ (usually not more than 10 business days).
• Buyer pays shipping and insurance as noted in the auction description.
• Payment must be received within 10 days of initial contact by seller.
• Item is guaranteed to be working and as described when delivered.
• No other warranty (express or implied) is offered by seller.
• Seller will initiate transfer request after receipt of payment from buyer.
• For firearm auctions: successful buyer must supply seller with his/her PAL and such other information, sufficient to initiate a Request to Transfer with CFC (Canadian Firearms Centre).
• For firearm auctions: the seller will supply the successful buyer with the Transfer Reference Number as supplied by CFC;
• For firearm auctions: shipment will only take place after the CFC (Canadian Firearms Centre) has confirmed that the transfer is completed and approved.
• Items should be shipped promptly upon receipt of cleared funds.
• In the case of firearms, transfer should be initiated promptly.
• There is no “inspection period” unless specifically stated in the auction description.
• All sales are considered FINAL. There is no “Refund” or “Return” policy unless specified in the auction description.

In general, transactions should be completed / delivered within 30 days from the close of the auction. The only exception being for firearms which experience a delay in transfer approval, and only where such delay is beyond the control of the buyer and seller. Seller (or seller's common carrier) is responsible for the item until the item is received by the buyer. It is strongly recommended that you fully insure all shipments and that you use delivery tracking and signature/receipt confirmation whenever possible.

International Buyers/Sellers…
We welcome non-Canadian buyers and sellers, however, please beware that many of the items listed on this website are controlled goods and require import and/or export permits from both the Canadian government and the foreign government of the non-Canadian buyer/seller. In the case of firearms and ammunition there may also be severe transport restrictions on the shipment of these items across the Canadian border (Canada Post and most commercial carriers will not permit International shipment of firearms).

The vast majority of buyers and sellers on this site are Canadian and the expectation is that the items listed here are located within Canada. If you are listing an item for auction which is not currently located in Canada then you need to insure that this is clearly indicated in your auction description. As long as all applicable laws of the countries of residence of both buyer and seller are followed, non-Canadian buyers and sellers are welcome here, however, we caution all parties to aware of the added risks when dealing with buyers/sellers located outside of Canada.

The cost of importing an item may be higher than the value of the goods themselves and in some cases the item may not be legally exportable from the country where it is located or legally importable to Canada. Permit costs, transportation costs, brokerage costs, tariffs and other fees can make cross border sales impractical and economically unfeasible. Failure to obtain the required permits or file the proper paperwork before shipping the item can result in seizure, confiscation by Customs and criminal charges.

Laws…
These Terms of Service shall be governed by and constructed in accordance with the laws of Canada and the Province of Ontario. Any disputes will be decided only by the Courts in the Province of Ontario.