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Secure Payment Handling (SPH). SPH is an optional service (for firearms only) where buyers may select to have Guntopia handle the exchange of funds in a transaction. SPH offers a level of preventative measure to reduce the likelihood of where a seller collects funds from the buyer and never ships. SPH is not an escrow service because Guntopia does not take possession of the firearm. SPH does not prevent fraud or guarantee safe trading. SPH does not guarantee the quality, the condition, or the veracity of the products as advertised. Guntopia assumes no risk or liability for the sale and/or safe delivery of the firearm(s) while they are in transit, or at the FFLdealerNet™ Dealer and/or FFL Transfer Dealer awaiting delivery and pick-up. To see the fee structure, click here. To learn more about how SPH works, click here. Please insure your firearms.
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Circumstances for Retractable Bids or Sale.
Accepted bids/counter-bids are not retractable, except under the following
circumstance: when the Seller commits a "Listing Discrepancy"
(as defined below) of the
firearm(s) offered for sale in the Haggle Classifieds™. For the purposes of
this Agreement, "Listing Discrepancy" shall be defined as, where
a Seller is not accurate in supplying the correct: (a) Manufacturer, or (b)
Model, or (c) Gauge or Caliber, information of the firearm as listed in the
Haggle Classifieds™ when compared to the actual firearm as shipped. An
example of a
"Listing Discrepancy" would be where the Seller lists a firearm as
Ruger, and it actually is a Winchester, or list one model in the ad, but the
firearm is of a materially (as determined by Guntopia) different model.
Information contained in the description and Ad Details page shall not be
considered in the determination of a Listing Discrepancy.
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Inspection Period. The Buyer has the opportunity to
inspect the firearm(s) at the FFLdealerNet™ Dealer during the delivery process.
"Inspection" shall be defined as, for the purposes of this Agreement as, verifying
only the manufacturer, and model, and gauge/caliber of the firearms as compared to
what was listed by the Seller in the ad listing. All other information contained in the Ad Details of the Ad shall not be considered in the determination of a Listing Discrepancy, such as the condition/NRA grade or what was represented in the description of the ad listing.
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Inspection Period - Direct Delivery to the Buyer (FFL Licensees).
Individuals possessing a valid FFL (03) license that authorizes the holder to ship and receive firearms directly and who have registered on Guntopia as an FFL Holder will be allowed to receive purchased firearms directly without using the FFLdealerNet™ Network or FFL transfer dealer. Buyer has up to three days from date of delivery to inspect (as described in paragraph 8.1 above) the firearm. If there is a listing discrepancy (as described in 8.1 above), the Buyer shall notify Guntopia immediately using the Contact Us form found on the Guntopia web site. Failure of the Buyer to notify Guntopia within the 3 day period will void the Buyer's ability to have Guntopia withhold payment to the Seller because of a "Listing Discrepancy" (as defined in paragraph 8.1).
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Filing a Claim with the FFLdealerNet™ Dealer (FFL Transfer Dealer).
If the Buyer believes that the Seller has committed a "Listing Discrepancy" of the firearm(s), as defined in paragraph 8.1 above, the Buyer MUST do the following: (a) refuse delivery (b) inform the FFLdealerNet™ Dealer of the rejection, and (c) inform Guntopia of the claim as soon as possible using the Contact Us form. The buyer does not complete delivery and leaves the firearm at the FFLdealerNet Dealer or FFL transfer dealer for safe keeping. Failure by the Buyer to raise a discrepancy claim of the purchased firearm(s) during the inspection period shall cause the Buyer to waive their rights to dispute the transaction for a "listing discrepancy". If a claim is made, Guntopia shall make an investigation and, at its sole discretion, determine any remedies if warranted and/or permissible under this Agreement. NOTE: Claims, complaints, or disputes regarding the condition, safety, its’ fitness, history, or any dissatisfaction of the purchased firearm(s) other than those outlined in 8.1 above ARE NOT causes for the Buyer to cancel the transaction, or request a refund.
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Listing Discrepancy Determination.
The parties agree to waive their rights to Guntopia only for the determination as to if a listing discrepancy (as defined in 8.1 above) has occurred. Shipping cost where a Listing Discrepancy has occurred is charged against the seller. The parties do not waive any rights, actions, or remedies available to them to resolve their dispute in the courts. In the event a dispute is not resolved within 14 days, Guntopia shall have the option to deposit said funds in an escrow account and await direction from the members or a court order as to how the release the funds. Guntopia assumes no responsibility and shall not become involved to adjudicate the transaction other than to determine if a Listing Discrepancy has occurred. It is the responsibility of the members to resolve any and all issues among themselves.
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Forfeiture of Firearm(s).
In the event the Buyer fails to pass the FBI background check, the firearm(s) will be considered forfeited by the Buyer. The Buyer shall NOT be entitled to a refund. The firearm becomes the property of Guntopia. This means the buyer loses the guns they have paid for. Guntopia will make no exceptions to this policy whatsoever. Beware Buyers and Sellers! In the event the firearm(s) has to be returned to the Seller for any reason whatsoever; the Seller, if and where required, must also pass a NICS check to take delivery. Failure for the Seller to pass the NICS will result in their forfeiture of the firearm(s). Guntopia assumes no risk, and or, financial responsibility in the event of a forfeiture of firearms by either the Seller or Buyer.
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Taking Delivery by the Buyer.
The Buyer shall have up to 15 days from date of notification by the FFLdealerNet™ Dealer to take delivery. Failure to pick-up the firearm(s) during this period of time may result in storage charges, and/or cause the forfeiture of the firearm(s). Buyers may request using Guntopia's Contact Us form for an extension of up to 5 business days under extenuating circumstances. Approval of this request is at the sole discretion of Guntopia and will be issued via official Guntopia email.
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The Disposition of Forfeited Firearm(s).
The forfeited firearm becomes the property of Guntopia and shall be disposed accordingly.
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Buyer’s Remedies for Seller’s “Listing Discrepancy”.
If Guntopia at its sole discretion determines that the Seller has committed a “Listing Discrepancy” as defined in paragraph 8.1 above, the Buyer shall be entitled to request a refund. The Seller will be responsible to Guntopia for a handling fee of fifteen (15) percent of the successful bid amount, but no greater than $200. The Seller hereby agrees and authorizes Guntopia to make such charges against their credit card or other payment method on file. Upon the full satisfaction of charges by the Seller, the firearm(s) will be returned to an FFL dealer (as directed by the Seller) to be transferred back to the Seller. Failure of the Seller to pass the NICS, if and where required, will result in their forfeiture of the firearm(s). Guntopia assume no risk, and or, financial responsibility in the event of a forfeiture of firearms by the Seller.
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Shipping the Firearm.
The Seller shall have up to THREE days (72 hours) to ship the firearm(s) from date of email notice or receipt of FFL license of the buyer's FFL transfer dealer. Failure for the Seller to ship within 5 business days may result in a cancellation fee being assessed to the Seller in the amount of fifteen (15) percent of the successful bid amount, but not greater than $200 as a cancellation fee with the sale becoming void. The Seller agrees to accept and pay this penalty by check or charges against the Seller's credit card (on file). The Seller shall be held responsible for payment of this cancellation fee, plus any additional cost incurred.
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Guntopia's Responsibility for the Firearm.
Guntopia and the FFLdealerNet Dealers do NOT inspect the firearm for its safety or quality, as such, make no representations as to the firearms' quality, safety or condition. Guntopia is NOT an escrow agent for the buyer or seller, since it does not physically possess the firearm, nor control it at any time during the Secure Payment Handling transaction. The FFLdealerNet is handling the firearm as a consignee for the seller, ONLY for the purposes of completing a proper transfer. The FFLdealerNet Dealer is not under the control of Guntopia. If a dispute occurs in a transaction, where the seller has NOT committed a listing discrepancy, Guntopia has no legal authority to withhold funds from the seller, unless Guntopia is presented with orders from a court to do so. The purpose of Secured Payment Handling is NOT to stop fraud, or guaranty the quality, safety, or verify the condition of the item being purchased by the buyer. The purpose of Secured Payment Handling is to provide a higher level of security in an attempt to against online fraud, but NOT to prevent or eliminate the occurrence of fraud. In the event of a dispute among members in a Secure Payment Handling transaction, the buyer may seek legal remedies against the seller. The buyer and seller release Guntopia from any and all liability in a Secured Payment Handling transaction.
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Credit Card Surcharges.
Buyer has the option to pay the full amount of the purchase using their credit card for purchases between $250 and $1,200. Buyer agrees to pay a surcharge of 3.5% on the difference between the bid total and $250 when using this option. To avoid this surcharge, the buyer may instead elect to pay a deposit of $100 with their credit card and pay the balance of the purchase with a certified check to be remitted to Guntopia within 3 days after the date of the purchase.
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Fees and charges for SPH.
To view the fee schedule, click here. SPH is selected from the bidding page by the buyer. SPH fees are due and payable immediately upon the successful close of a sale and is collected at the time the buyer's credit card is charged. Members authorize Guntopia to charge their credit card for SPH fees. SPH are non refundable in any event. For guns with a price over $250 a payment arrangement where Guntopia charges a non-refundable down payment in the amount of $100 on the bidder's credit card to secure the purchase. This non-refundable down payment is applied towards the purchase price paid to the Seller. In the event the sale is not completed for reasons other that those stated in paragraph 8.1 above, said funds shall be forfeited by the Buyer to Guntopia. The Buyer shall have up to three (3) business days, but no more than 5 business days to remit the balance to Guntopia in certified funds (bank cashiers check or money order) made payable to Guntopia with the bid ID and member ID noted in the memo section of the check.
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