Terms and Conditions
The following General Terms of Service ("Terms") shall apply exclusively to the business relationship between GunBiddler ("GunBiddler"), its internet platform www.gunbiddler.com ("the Website") and our users. By using the Website, the user accepts the following General Terms and Conditions, as well as the manner in which the Website operate as described on the Website.
GunBiddler does not use any Shill or AutoBidders to alter the outcome of any auction.
Eligibility / Registration / Disqualification
Eligiblity. By placing a bid on the Website, the user declares that they are legally capable of entering into binding contract. It is GunBiddler policy to conduct the auctions in a fair and impartial manner. Therefore, GunBiddler undertakes not to bias or otherwise interfere with the auction protocol and process in any way. To that end, employees and relatives of employees of GunBiddler, or any of its affiliates are not eligible to participate in the Website auctions under any circumstances.
FFL. For all FFL items (Handguns, Shotguns, Rifles etc.) users are responsible to know if they are eligible to be allowed to bid on these items. It is the users/auction winners responsibility to check on their eligibility status. To find out if you are eligible to purchase firearms we recommend that you visit the BATFE website at www.atf.gov. Also please check with your local state laws with your FFL dealer or your local NRA lawyer. If you do not pass a NICS background check then you don’t qualify to bid here. To find out more again please check the BATFE site www.atf.gov. DOMESTIC ONLY!!! NO EXPORT OR INTERNATIONAL !!!
GunsBiddler’s services are offered exclusively to private users and not to commercial or partly-commercial resellers. GunBiddler reserves the right to exclude anyone it has reason to believe is such a commercial reseller from participation in auctions and to close their user accounts at any time.
Each user may register only once using their postal address. Registration using Post Office Boxes or equivalents is not permitted. Additionally, only one user registration per household is permitted.
It is the users responsibility to check state and local laws to be sure that the items that they bid on are allowed in their state and isn’t banned in the city or state that they live in. All users that bid on items must follow state laws on age restrictions for the items they wish to bid on. And all bidders must use real names and information to not be banned from the site.
During the registration process, the user must choose a username. The username should be appropriate. It must not be offensive, be deceptive or misleading, be obscene or offend common decency, or infringe the intellectual property rights of third parties. If GunBiddler receives credible information that a username is illegal or in breach of any of these Terms, GunBiddler can replace this username without prior notice.
During the registration process, the user must also choose a corresponding user password which is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else. Unless the user can demonstratively prove the absence of any fault on their part, the user shall be liable for all activities that are undertaken using the user account together with the associated password.
If the user wins an item and uses someone else's information the account will be suspended and all activity immediately reported to the authorities. If a user tries to ask us to do anything immoral or illegal, they will be reported to the BATFE and their local state law enforcement. All FFL items are transferred from the selling FFL dealer to an FFL dealer of the winner’s choice. The transfer will come in the winner’s name, not anyone else’s and the FFL holder will be of the winner's name and address so there are not any straw purchases.
We want to provide a fair and unbiased penny auction experience. GunBiddler reserves the right to limit the number of won auctions per user account. GunBiddler.com limits the number of auctions that a single user account can win to a maximum of four(4) per five(5) day period. Also, GunBiddler.com limits the number of Firearm auctions (including all rifles, shotguns, and handguns) that a single user account can win to a maximum of one(1) per five(5) days.
In the event of any abuse or unauthorized use of the user account, due to actions or omissions of the user, which is in breach of these Terms or to the detriment of GunBiddler or third parties, GunBiddler shall have the right at its sole discretion to temporarily or permanently disqualify the user, disable its account and, if appropriate, report the commission of a crime. Examples of such unauthorized usage include (but are not limited to) non-payment of bids, use of unauthorized third-party bidding software or the creation of multiple user accounts by the same individual or household.
In the event of a breach of these Terms, GunBiddler reserves the right, amongst other remedies, to withhold bids or refunds for bids. Furthermore, GunBiddler reserves the right, at its sole discretion, to limit the number of auctions a user may participate in or the number of their successfully finished auctions. Without limitation, it shall be a breach of these Terms if a user provides any information that is false, inaccurate or misleading or if the user engages in any unlawful activity in connection with the Website, or if the user creates or attempts to create interference with the proper working of the Website.
Purchasing Bids / Bonus Bids
Rights to bid in an auction ("bids") must be paid for by users prior to online bidding. Bids can be purchased in packages ("Bid Packs") at the prices in force at the time of purchase. Unexpired bids, from a Bid Pack or otherwise are not refundable. No partial refund of gift certificates or Bid Packs. Bonus Bids are free bids given to users for various reasons. Coupons, referrals, registraion bids are all possible examples of bonus bids. Bonus bids can be used towards most items excluding firearms and any other items specified by Gunbiddler.com. Once a Bid has been used on an auction it is NOT refundable.
Payment can be made by credit / debit card. Certain bids (e.g. some "Bonus Bids") are valid only for a limited time. Upon expiration of the time stated, the bids expire and no refund is available.
Coupons and Referrals. Coupons can only be used once per user. A referral bonus of 10 bids will be applied to a users account once a referraled user purchases bids for the first time.
How to Place a Bid
Users can bid in two ways online. Bids can be placed by physically clicking on the bid buttons, or can be placed automatically using the Bid Butlers application. Once a bid is placed, it is deducted from the user's bid account.
The Bid Butlers allows bidding on an auction even if they are not online at that time. The Bid Butlers automatically submits bids according to the specifications set in advance by the user. The user is prohibited from using bidding software not authorized by GunBiddler. Doing so will constitute a Breach subjecting the user to immediate disqualification. Once a user has placed a bid, their account cannot be deleted but may be deactivated. Once a bid is placed the users account must stay in the system for proof of whom has placed a bid on an auction.
How An Auction Works
With each bid placed the price of the item on which the user is bidding increases by the amount designated on the Website by GunBiddler. A bid submitted by the user conveys the willingness of the user to enter into a binding contract with GunBiddler for the item offered at the price of that bid. In the event that bid is the last bid made at the end of an auction, the bid constitutes a binding contract with GunBiddler to purchase the item from the seller / FFL dealer of the auction at the bid price and under the conditions set out in the pages which provide the details for each specific auction.
Each new bid placed resets the "countdown timer" which displays the time remaining in the auction. The auction ends when the remaining time reaches zero. The user who was the last to bid then wins the auction. All other bids on the item expire and, as indicated, are non-refundable. The last bidder is determined according to the records in GunBiddler database. GunBiddler determination of the last bidder shall be final (save in the case of manifest error).
Buy It Now
If you did not win, you may still purchase the item at retail price using the Buy It Now feature. You have six hours after an auction ends to utilize this feature. Once you click the Buy It Now button, you will receive a credit of $0.60 per bid for the bids you placed in that auction toward the Retail Price of the item you are purchasing. You may not purchase an item through the Buy It Now feature until you have placed at least one paid bid on the auction for the item you want to purchase. Bonus Bids are not usable towards the Buy It Now feature. Buy It Now is not available on Bid Pack Auctions. Starting October 8, 2012, Buy It Now will not be available on $25 and $50 valued Gift Cards.
Some items are only available in extremely limited quantities, in which case Buy It Now may not be available. All auctions, in which Buy It Now is not available, will state that such is the condition on the individual auction page. Any auction in which a user chooses to Buy It Now and the item is not available or out of stock, GunBiddler will offer another item of equal value in place of the original auctioned item. The user can either accept to purchase the new item or wait until the original auctioned item becomes available again.
Acceptance of the Win and Payment
After an auction has ended, the last bidder (the "winner") must go to "Won Auctions", located in "Users" or another webpage if so indicated. Here, information on total price (including shipping costs, taxes, etc.) and payment options will be displayed. The user must actively confirm and pay the total price for the win to the seller / FFL dealer by following the steps indicated on that page or elsewhere if indicated. Once the winner has confirmed, the win is accepted. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail from GunBiddler. Subsequently the item will be delivered to the winner (subject to the remedies for breach of a Term set out in this Agreement) or transferred to the FFL dealer of their choice. If an auction win has not been confirmed by the winner and paid within 15 Days of the auction end time, GunBiddler reserves the right to withdraw the offer to conclude a contract. If an auctions FFL documentation has not been received within 30 days of the auction end time, GunBiddler reserves the right to withdraw the offer to conclude a contract. If GunBiddler withdraws the offer, the winner's right to pay for and receive delivery of an item will be permanently revoked. In this instance, the bids placed in that auction are non-refundable.
Should bids that have already been purchased and used by a user not have been fully paid for, payments subsequently received from this user shall be treated as payment toward the bids not yet fully paid for.
GunBiddler reserves the right to publish the name, region address and photograph of any winners. This rule is one of the conditions of participating on the Website, which allows GunBiddler to provide the public with proof of the auctions won by users. This constitutes a fundamental transparency issue.
As a winner of a major auction, you may be asked, depending on advertising needs, to take part in a photo session and a brief interview about the circumstances surrounding your win. The following rules apply to the photo session:
* The face must be uncovered
* GunBiddler might require photo ID to confirm the winner's usual appearance. If a winner refuses to comply with these rules, GunBiddler reserves the right to suspend payment of the prize.
The information gathered may be used to write a press release sent to the media. Your win will also likely appear in one of GunBiddler commercials, including but not limited to, television and radio, as well as on the Website.
Once the winners account is verified to be fully funded, verification of all payments and FFL documents received if applicable the seller will be notified by e-mail regarding instructions for delivery. Unless otherwise stated, delivery will be made directly from our supplier or from our warehouse to the address provided by You. Delivery times vary; therefore, any time provided is only a guide. All items are typically sent out within 30 days of receiving payment and FFL documentation if applicable.
Should the item become unavailable GunBiddler reserves the right to notify the winner and arrange a comparable substitute product of equal or greater value. The winner is responsible to promptly notify GunBiddler if the replacement item is acceptable or if they would rather receive a refund of the final auction end price.
Disclaimer of Warranty and Limitation of Liability regarding the Use of the Website.
User expressly agrees that use of the Website is at user's sole risk. Neither GunBiddler, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website.
The Website is provided on an "as is" basis. To the maximum extent permitted by law, GunBiddler disclaims all representations and warranties, express or implied, with respect to any information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. In addition, GunBiddler does not represent or warrant that the information accessible via the site is accurate, complete or current. We are not responsible for typographical errors.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, server failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that GunBiddler is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
In no event will GunBiddler, or any person or entity involved in use of a GunBiddler auction, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website. User hereby acknowledges that the provisions of this section shall apply to all content on the Website.
In addition to the terms set forth above, neither GunBiddler, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained in the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither GunBiddler, its affiliates, information providers nor content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
System Outage / Temporarily Halted Auctions
A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and three (3) minutes will be added to the auction timer; GunBiddler reserves the right, at its sole discretion, to add more than three (3) minutes to the countdown timer. The Website shall indicate when an auction has been temporarily halted. It is the user's responsibility to verify the time remaining on the countdown timer after an outage. Bidders who were bidding in auctions which were temporarily halted shall not have a right to a refund for bids used or other costs incurred. If GunBiddler is unable to pause an auction and the an auction ends during a system outage, Gunbiddler will completely refund the auction. This means all bids placed on the auction will be refunded to all players and the item will be auctioned again at a later date starting from $0.00. In this instance, no winner will be validated since the auction was closed in an unfair manner.
With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as "technical faults"). GunBiddler, therefore, provides no guarantee of the uninterrupted availability of its website and technical systems.
Claims by Users
GunBiddler, in good faith, shall make every effort to bring disputes that may arise to a fair and reasonable conclusion. GunBiddler expects the same from its users. If a user does not make an attempt to resolve a dispute before initiating a claim procedure, their account will be deactivated immediately. If you have any questions regarding an invoice, receipt or a payment made, please contact the Website Customer Service.
Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to the GunBiddler website. We cannot take any responsibility for the content of or the data protection and privacy practices of third-party websites.
The contract between GunBiddler and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms or any of their rights or obligations without GunBiddler’s prior written consent.
GunBiddler has the right to revise and amend these General Terms from time to time in its absolute discretion, including but not limited in response to changes in market conditions affecting GunBiddler’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in GunBiddler’s system capabilities.
All users will be subject to the policies and terms and conditions in force at the time that they have successfully bid for items listed on the Website, unless any change to such policies or terms and conditions is required to be made by law or governmental authority or GunBiddler notifies its users of the changes to such policies or General Terms before GunBiddler sends information relating to delivery (in which case GunBiddler has the right to assume that all successful winners have accepted the changes to the terms and conditions unless notified to the contrary within 7 working days by the user of the items).
This Agreement and any operating rules for the Website established by GunBiddler constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
We would like to advise all users to monitor their bidding practices. Placing bids online at www.GunBiddler.com frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and check their charges regularly.
Recommended System Requirements
The software that GunBiddler.com uses is very advanced and needs up to date technology to run smoothly. This includes sufficient internet speeds, updated internet browsers and computers running newer operating systems. Listed below are the recommended requirements to operate the site without issues. By not following these guidlines players may experience clock and bid lag which can result in losing auctions.
Google Chrome, Mozilla Firefox, and Safari are cabable of running GunBiddler.com smoothly.
Internet Explorer will not run the site smoothly and GunBiddler.com is not responsible for any auction errors that occur when I.E. is being used.
Without sufficient internet speeds players may experience clock and bid lag. This lag will not happen every time, but there is a high risk. Players who choose to play at speeds lower than the listed speeds do so at their own risk. GunBiddler.com is not responsible for any lost auctions that result from playing with lower internet speeds. The download speed affects the amount of time it takes for updates to be recieved by a players computer. Players who recieve updates late, run the risk of their clocks showing a time that is behind the actual clock. Upload speeds affect the amount of time it takes for a players bid to reach GunBiddler.com's server. Players with slower up load speeds will see a slight delay (1-3 seconds) in there bid placement. If a player with slow upload speeds places a bid in the final seconds of an auction there is a chance the bid will not reach the server before the auction closes. Your Internet speeds can be checked at websites such as Speakeasy.net and Megapath.com/speedtestplus/ .
Download Speed - 2 Mbps
Upload Speed - 1 Mpbs (Many players using DSL internet service providers only reach speeds between .5 and 1 Mpbs. It is still possible to play with these speeds however it is dangerous to bid in the final seconds of the auction.)
Recommended Device System Requirements
Gunbiddler.com is designed to run on all types of devices including tablets, PCs and Laptops. GunBiddler.com will run on smartphones but it is not recommended. Smartphone browsers will operate GunBiddler.com, but it is possible to experience issues due to smart phone browsers not being able to process code at the same speed as other devices. The requirements listed below are for desktops and laptops. We do not have a recommended minimum for tablets.
|Mac OSX 10.5 or later|
|Processor||Intel Pentium 4 or later||Intel x86 or later|