Guntopia - The Best Gun Marketplace™

This User Agreement (hereinafter known as “Agreement”) describes the terms and conditions applicable to your use of our services at Guntopia.com, Inc. (hereinafter known as Guntopia). We reserve the right to amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall become effective fifteen (15) days after they are initially posted on the site and/or emailed to each member.

Membership Eligibility. Membership is available only to those individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. You must be of legal age (18 or 21) as determined in the state where you reside. We reserve the right to deny our services to anyone at our sole discretion and to any temporarily or indefinitely suspended Guntopia members. Membership is free.

Eligibility to purchase firearms. The sale and purchase of firearm(s) on Guntopia.com is limited to those individuals who qualify and comply with all Federal (including, but not limited to, the passing of the “National Instant Criminal Background Check System” called “NICS”, where required), State, and Local laws regarding such transactions. Buyers using Secured Payment Handling must pass all background checks required by state or federal regulations. The Guntopia.com service is void where prohibited.

Disallowed Firearms List. Firearms that are defined by ATF as illegal and/or of illegal configuration, including but not limited to; contraband, and disallowed assault riffles. You may not include any content or images in your classified ad that are obscene, offensive, harmful to minors, an invasion of privacy, or otherwise inappropriate.

Outage Policy. Should the web site suffer any outages, we will use our best efforts to bring the service back online as soon as possible. We do not offer any compensation should an outage occur. In no event shall Guntopia be responsible to members or non-members for lost profits or other claims of damages, and you hereby release Guntopia of any such claims or actions in accordance with the release clause in this Agreement.

Scheduled Downtime for Maintenance. Guntopia periodically will schedule downtime for system maintenance and upgrades. We will complete the maintenance work as quickly as possible. In no event shall Guntopia be responsible to members, non-members, or users for lost profits or other claims of damages, and you hereby release Guntopia of any such claims or actions.

Guntopia is a Media Venue. Guntopia facilitates the sale of goods and services for its members by offering the sale of ad listings on our online marketplace. We only provide the advertising medium for members to negotiate to arrive at a deal. We make no representations as to the credibility of the Seller or Buyer or of their ability to fulfill the transaction. Additionally, we have no control of either party, and therefore, no responsibility as to the quality, safety, or value of the goods and/or services advertised for sale. The Buyer and Seller assume all risk associated with their transaction, including but not limited to, payment fraud and back charges related to credit card fraud, forfeiture of firearms in the event of the receiving party's failure to pass required NICS and compliance regulations.

Member Feedback. Guntopia cannot and does not confirm each user's purported identity, the quality of merchandise advertised for sale, or their ability to complete a transaction. As a tool to assist members in their transactions, Guntopia uses a feedback system whereby the parties to a transaction may rate and comment on their experience. This system relies solely on the parties to honestly complete and contribute to the feedback system. It does not reduce the likelihood of fraud and is used merely as a tool to assist members.

Release. Members agree to release and hold harmless Guntopia (and our officers, directors, agents, subsidiaries, employees, FFLdealerNet™ Network dealers, and vendors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

FFLdealerNet™ Network Dealers-Independent Contractor. Guntopia has no control over the business dealings or practices of the dealers in the FFLdealerNet™ other than what is described herein. There is no employment, partnership, joint venture, or any other business association or relationship between the dealers in the FFLdealerNet™ and Guntopia other than that of an Independent Contractor.

Control of Information. Guntopia has no control of the information provided by users. As such, please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with unqualified persons, underage persons or people acting under false pretenses. Guntopia reserves the right to remove information as determined (by Guntopia) to be offensive in ad listings without prior notice.

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.

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.

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.

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).

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.

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.

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.

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.

The Disposition of Forfeited Firearm(s). The forfeited firearm becomes the property of Guntopia and shall be disposed accordingly.

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.

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.

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.

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.

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.

Listing and Selling. Ad listings may only include text descriptions and images you supply to our site that describe your item for sale. All listed items must be listed in their appropriate category. Duplicate or multiple postings of the same item will be removed without prior notice to the member. By listing your goods and services on Guntopia with your listed "Ask Price or Firm Price" you are making an offer to sell. Should someone accept your offer, you (the Seller) are contractually obligated to complete the sale. *IMPORTANT NOTE: Merchandise listed for sale on Guntopia must be available for immediate delivery in the event of a sale.

Ad Listing Fees - Firearm Ads. Firearm ad listings are FREE! There are no success fees on final sales. Optional Promotional ad services are available to bring attention and make your ad listing stand out among the rest, for pricing and more information, click here. We reserve the right to change the fee structure at any time without prior notice. Changes shall become effective five (5) days from their initial notice and posting on the Guntopia site.

Ad Listing Fees - Non Firearm Ads. Non-Firearm ad listings are FREE! There are no success fees on final sales. Optional Promotional ad services are available to bring attention and make your ad listing stand out among the rest, for pricing and more information, click here. We reserve the right to change the fee structure at any time without prior notice. Changes shall become effective five (5) days from their initial notice and posting on the Guntopia site.

Extending Ad Listings. Ad listing may be extended before their expiration. The new ad duration will be added to the remaining time of the original ad listing. Optional promotional services will be extended accordingly.

Description Accuracy. Sellers have an obligation and shall accurately and truthfully describe the item or service offered for sale. Failure of description accuracy shall be deemed a breach of this agreement, which may result in the Seller being temporarily, or permanently banned from use of the site.

Binding Bids. Members have the responsibility to complete all transactions where a binding bid has been received or accepted. A "Binding Bid" for the purposes of this Agreement is defined as a bid accepted by a member, and/or a bid submitted at the listed "ask price" or "firm price". Submitted bids are valid for 48 hours and obligate the bidder during that time.

Fraud. Without limiting any other remedies, Guntopia may suspend or terminate your account, and immediately pull all ads, if any member(s) have been found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

Linking to other sites. Members are allowed to display linking information (URL addresses) in their ad listings to their own web sites. Live links from your ad listing is not supported as a precautionary step to prevent uploading of damaging and undesirable code, bugs, and viruses.

Advertising and Credit to third parties. Guntopia does not permit Sellers to place within their listings advertisements for 3rd party companies, products or services unrelated to the item being sold.

Your Information. "Your Information" is defined as any information you provide to us in the registration process, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information: Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (h) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are concurrently listed for auction on a web site other than Guntopia; or (cc) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable federal, state, or local law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.

Grant of Rights. Solely to enable Guntopia to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free with Your Information, in any media now known or not currently known, with respect to Your Information. Guntopia will only use Your Information in accordance with our Privacy Policy.

Disclosing information in a Dispute. Guntopia will share member contact information should a dispute occur in a transaction among members.

Access and Interference. Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Guntopia site or any classified being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Guntopia by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of Guntopia or the appropriate third party.

Breach. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if Guntopia believes, based on its sole discretion, that you have breached this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.

Tracking Firearms. We require the serial number of the firearm being listed for sale to track the firearm during the delivery process, for identification purposes, and for greater security of the transaction for our members. Guntopia is a media venue, and as such we do NOT, and are NOT required to track firearms for the government.

No Warranty. OUR VENDORS AND WE PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. OUR VENDORS AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, and FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary, from state to state. Guntopia makes no guarantee that your ad will be posted, the length of time for the posting, the placement of the posting, or that it will not be removed prematurely. Incorrect entries and duplications in the same category of firearms by the Seller will be removed without notice. We retain the right to ban anyone from our site and services.

Liability Limitation. IN NO EVENT SHALL OUR SUPPLIERS, OR WE. BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS AND VENDORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE TRANSACTION WHICH THE CLAIM ARISES, OR (B) $100, WHICHEVER IS GREATER. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Indemnity. You agree to indemnify and hold Guntopia and our subsidiaries, affiliates, officers, directors, agents, and employees, FFLdealerNet™ Dealers, vendors, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any party or third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. You agree to pay reasonable attorney’s fees to Guntopia in the event that Guntopia shall engage an attorney to enforce, protect, preserve or defend any rights it may have under this agreement. You also agree to pay Guntopia interest in the amount of 18% or the highest amount permissible by law, which ever is lower, on any amounts that are not paid to Guntopia at the time(s) required by this agreement.

Legal Compliance. You understand and agree that it is your sole responsibility to comply with all local, state, and federal laws or the law(s) of any respective country or countries governing the possession, sale, transfer, or use of (whether such use is deemed legal or illegal) of any listed item and in no circumstance will Guntopia be responsible for the actions of members regarding such compliance. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. Guntopia.com, Inc. maintains a 100% compliance policy with all Federal, State, and Local laws, and expects its’ User(s) to do the same.

No Agency. NO agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices. In the event notice is required to the member, Guntopia will use the email address as provided by the member during the registration process. Members may give notice to Guntopia by using the Contact Us page.

Arbitration. Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Oakland County, Michigan, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Guntopia may seek any interim or preliminary relief from a court of competent jurisdiction in Oakland County, Michigan necessary to protect the rights or property of you or Guntopia pending the completion of arbitration.

Additional Terms.
The following documents are incorporated by reference:

Click here to view our Privacy Policy. We may change our Privacy Policy from time to time and our changes are effective after we provide you with at least thirty (30) days' notice of the changes by posting on the site, and or sending email to members.

Click here to view our Virtual Check Policy. We may change our Virtual Check Policy from time to time and our changes are effective immediately upon posting on the Guntopia Announcements.

General. This Agreement shall be governed in all respects by the laws of the State of Michigan. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.