United Gun Group Marketplace Terms of Service, hereafter referred to as the, Marketplace Rules
Last updated: September 27, 2016
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 United Gun Group Marketplace Rules at any time as stated in the UnitedGunGroup.com Participation Agreement (the “Participation Agreement”). Your continued use of the Site following such amendment means you accept and agree to any such updates, revisions and additional rules.
All capitalized terms have the meanings given in the Participation Agreement.
Use of Our Services. Our Services are only available to individuals who can form legally binding contracts under applicable law. Our services are not available to minors. If you do not qualify for an account for this reason, please do not use our services. This Site provides a forum for buyers and sellers to engage in transactions for products related to firearms, knives, swords, hunting equipment, and accessories (“Items”). We are not involved in the transactions between buyers and sellers ourselves and we are not responsible for the outcome of a transaction except to the extent described in these rules and in the Participation Agreement.
Auctions. 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. 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/she 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.
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.
1. Registration Accuracy. In order to use our Site you must first register and provide true and accurate User Information about yourself in the registration form, updating as necessary in the future. It is a violation of U.S. federal law to make bids in a false name or with an invalid credit card. Please be aware that even if you do not provide your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent bidders will be prosecuted to the fullest extent of the law.
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 Participation Agreement, these United Gun Group Marketplace 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 (unless it is part of an auction). 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 these United Gun Group Marketplace Rules or the Participation Agreement, or in our sole discretion. You hereby grant to us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to exercise the copyright, publicity, and database rights you have in any Listing, Posting or content you post to the Site, in order to allow us to (i) list the content on the Site, (ii) update or improve the Site and any relevant Services, and/or (ii) make use of such Listings, Postings or content for uses related to the Site including electronic or print publications, reference materials or reports to third parties regarding sales and listings on the Site. (Any such publications or reports made available to third parties, other than in the context of law enforcement, will not include any user’s personal information.)
Your description of the Item must be accurate and truthful. Adding additional unrelated keywords to your Listing to make it appear through our search facilities is prohibited. 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. Listing Conditions. When listing an item, you agree that:
You are responsible for the accuracy and content of the listing and item offered;
Content that violates any of UGG's policies may be deleted at UGG's discretion;
You are responsible for shipping the goods you sell to a purchaser or winning bidder.
You are responsible for working out all payment arrangements with a purchaser or winning bidder.
4. Prohibited Listings. You must have the legal right to sell any Items you list on our Site. You may not list the following on our Site: (a) live animals; (b) human body parts (e.g., relics, skulls, human remains or other parts); (c) bulk email lists; (d) illegal weapons, instructions, kits, plans, or parts designed to illegally convert firearms to full-auto fire; (e) instructions, kits, plans, or parts designed to illegally build silencers; (f) instructions on how to build bombs or explosives; (g) unauthorized replicas, (h) items containing faces, names or signatures of any person unless authorized by that person; (i) hazardous, restricted or toxic materials or substances; or (j) multi-level marketing or similar programs. You may not list any Item that would cause us or you to violate any applicable law, statute, ordinance or regulation. You may not list any Item that is stolen or counterfeit. Your Listing may not be defamatory, libelous, threatening or harassing; and it may not contain obscenity or child pornography.
5. Viruses, Etc. You may not use the Site to distribute viruses or other technologies that may harm the Site or the interests or property of us or of any other User.
6. Non-U.S. Sellers. As long as all applicable laws of the countries of residence of both buyer and seller are followed, non-U.S. sellers are not permitted 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. and other jurisdictions in these cases. You agree that any guidance provided on the Site (whether as part of these United Gun Group Marketplace Rules, the Participation Agreementor 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. Please keep in mind that the vast majority of buyers and sellers using this Site are located in the U.S., so buyers tend to assume that the Items are located in the U.S. If the Item is not located in the U.S., you must clearly identify the country in which the Item is located in your listing. This is necessary because the cost of importing an Item into the U.S. may be higher than the cost of shipping an Item within the U.S., due to import fees and tariffs. We reserve the right to void and/or remove a Listing where the Item is located outside of the U.S. and the country of origin is not clearly identified in the Listing.
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. When purchasing or bidding on an item through the Site:
You are responsible for reading the full item listing before making a bid or commitment to buy.
When 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 United Gun Group Marketplace 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.
You enter into a legally binding contract to purchase an item when you commit to buy an item through the Classifieds.
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.
We do not transfer legal ownership of items from the seller to the buyer.
You are responsible for directly paying the seller for goods purchased.
Bidding is subject to bid increments and Items may be subject to a minimum bid.
2. Payment. This Site does not accept payment in any form for any Items. Bidders must remit payment directly to the seller for any Item won. If you pay us for an Item you won, we may deduct from that payment any fees or costs (such as check fees and/or credit card transaction fees) we incur as a result of receiving your payment and having to refund your payment.
Terms of Sale
1. Basic Terms of Sale. Unless the listing terms for a particular 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.
or their respective employees, agents, contractors or representatives.
In general, no transaction should take over 30 days from the close of an auction until the buyer receives the Item. We strongly 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 a particular Item; any attempt to do so will be invalid and these terms will control.
Firearms must be shipped only to an FFL holder. Buyer must 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 make arrangements 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.
3. Seller Taxes. You agree that it is the seller's responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that UGG is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction, except to the extent UGG expressly agrees to receive taxes or other transaction-based charges in connection with tax calculation services made available by UGG and used by Seller. "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
Auction listings display the scheduled closing time for the auction. No extensions are given to the closing of the auction.
Returns and Refunds.Seller is solely responsible for refunds and exchanges.
1. Fees. If you are seeking to sell products through our Site, please review the Fee Schedule and Payment Terms contained in the marketplace creation page for the Services which can be found here, marketplace fees. All listing fees are in U.S. dollars unless stated otherwise and are incorporated herein by reference. The Fee Schedule and Payment Terms may vary in the future. The Fee Schedule and Payment Terms in effect on the date of sale of the item shall govern the transaction. You should check the fees and terms each time you participate. All fees, including but not limited to subscription plan fees, are payable upon demand on a Visa, MasterCard, American Express and Discover. UGG, at its discretion and without notice, refuse to accept any individual payment methods, for any reason whatsoever.
ANY AND ALL PAYMENTS MADE TO US ARE NON-REFUNDABLE. This rule applies whether or not the Item sells.
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. Follow the instructions on our Fees page 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 United Gun Group Marketplace Rules or the Participation Agreement, including illegal, improper or invalid Listings, or Listings that incur fees due to “shill” bidding.
3. Fee Avoidance. You are not permitted to avoid or circumvent paying our fees. By this we mean that activities such as the following are prohibited:
Using contact information obtained from our Site or using a website feature to:
-offer to sell merchandise outside of our Site;
-offer to sell an Item outside of the Site to a bidder who placed a bid but did not meet the reserve price; or
-sell duplicate or additional merchandise outside of the Site to non-winning bidders.
Canceling a Listing so that you may sell the Item to anyone who contacted you through our Site or who became aware of the Item through our Site.
Ending an auction early to sell the Item at a higher price to a winning bidder.
Offering in a Listing the opportunity to purchase the Item or other merchandise outside of our Site.
Linking to an Item on another website that is identical to the Item offered at auction but is priced lower than the auction item’s reserve price or starting bid.
Listing an Item with a low price but charging unreasonably high shipping or handling costs.
Listing a single Item and offering additional identical Items for sale in the item Listing. In this type of Listing, the seller instructs buyers to indicate the number of items they want and states that they can get the same price as the Item in the Listing.
If you engage in one of these practices, 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.
General Policies and Guidelines
You agree to abide by the procedures and guidelines for purchase and sale as well as auction activity. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. You should refer regularly to these United Gun Group Marketplace Rules to understand the current procedures and guidelines for participating and to be sure that the items you offer for sale can be sold on the Site.
For each item you list on the Site, you will provide to us the state or country from which the item ships. You will provide to us (using the processes and timing that we designate) any requested information regarding shipment, tracking (to the extent available) and order status, and we may make any of this information to a purchaser or seller with whom you are transacting business. Promptly after shipment of a customer's order (or any portion of the customer's order), you will accurately inform the buyer, in writing, that the order has been shipped (and, in the case of a customer order that is shipped in more than one shipment, accurately inform us which portion of the order has been shipped), using our standard functionality for communicating such information when we make that functionality available to you ("Confirmation of Shipment"). If you fail to provide Confirmation of Shipment within the time frame specified by us (e.g., 30 days after the date an order was placed or a winning bid accepted), we may in our sole discretion cancel (and/or direct you to stop and/or cancel) any such transaction, and you will stop and/or cancel any such transaction upon such request by us.
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, or agree to make a purchase, and fail to complete the transaction, and with sellers who list an Item and fail to sell it to the winning bidder(s) or a purchaser. 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 United Gun Group Marketplace Rules and the Participation 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 United Gun Group Marketplace Rules. We provide absolutely no assistance of any kind for buyers and sellers involved in a side deal in the event of problems.
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. 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, please let us know and also fill out our feedback system.
All other complaints about a buyer or a seller in an auction or Classifieds must be addressed through firstname.lastname@example.org. We will not accept complaints via fax or telephone. Our Site is only a transaction venue and we will not arbitrate disputes or arguments between Users. However, we do try to eliminate accounts of individuals who have a series of complaints against them.
Feedback may only be posted between the winning bidder (or purchaser) 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.
We may periodically have scheduled or unscheduled downtime of our Site. As such, auction ending times may be extended without notice, 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.
We may, at our sole discretion, terminate your account at any time if your conduct fails to conform to the Participation Agreementor these United Gun Group Marketplace 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.