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Nov. 07, 2009
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Terms and Conditions
Reloadersauction.com Terms and Conditions SITE USAGE AGREEMENT/TERMS AND CONDITIONS GOVERNING: 1) USE OF THIS SITE BY YOU AND; 2) THE SALE OF ANY ITEMS PURCHASED BY YOU THROUGH BIDDING ON THIS SITE; 3) THE SALE OF ANY ITEMS BY YOU THROUGH SELLING ON THIS SITE Welcome to ReloadersAuction.com (the “Site”). This Site is provided for the purpose of permitting Users to bid on and acquire or Sell auction items at a price fair to them . Please review the following basic rules that govern your use of our Site (the “Agreement”). Your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. ReloadersAuction reserves the right to modify or change this Agreement at any time, without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed, so we encourage you to review these Terms and Conditions whenever you use this Web site. Use of this Site The Site and all its contents are solely for personal and authorized commercial use. If You download any applicable material displayed on the Site, No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as may be expressly authorized by Reloadersauction, and except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this site is property of Reloadersauction or its suppliers or Licensors, and protected by U.S. and international copyright laws. The content on this Site may be used only for information or to participate in Site activities (e.g., selling or bidding on an item). Any other use, including the reproduction, modification, distribution, transmission, republication or display of the content on this Site is strictly prohibited. ELIGIBILITY TO REGISTER AS A USER OF THIS SITE. THIS SITE IS AVAILABLE ONLY TO INDIVIDUALS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW, WHO ARE AT LEAST OF LEGAL AGE TO PURCHASE OR SELL AGE RESTRICTED ITEMS, WHO ARE RESIDENT IN THE UNITED STATES FOR ITEMS THAT APPLY, AND FOR FIREARM PURCHASES, WHO ARE ELIGIBLE TO PURCHASE FIREARMS UNDER ALL APPLICABLE LOCAL, STATE AND FEDERAL LAWS. IF YOU DO NOT QUALIFY, PLEASE DO NOT ATTEMPT TO REGISTER AS A USER OF THIS SITE OR TO USE THIS SITE. Registration, Username And Password. Registered users agree to provide true and accurate information about themselves in the registration form. During the registration process, you will be asked to enter a Username and Password, which you choose. Your Username must be unique to all registered users, so you may be asked to change your Username if it has been used by a prior registered user. You are entirely responsible for the confidentiality of your Username and Password. Furthermore, you are entirely responsible for any and all activities, which occur under your Username and Password. You should immediately notify Reloadersauction of any unauthorized use of your Username or any other breach of security. Selling: 1. Sellers Will not post content or items in an inappropriate category or areas on the Site. 2. Sellers or buyers may not Violate any laws, policies, or other members rights while using this site. 3. Sellers or buyers may not go outside of this site to sell or buy an item listed in an active auction, "outside deals" will result in account termination. 4. Firearms and other selected Federally controlled gun parts must be shipped to a Federal Firearms Licensee. 5. Sellers Items will be honestly described in the item description, Any item sold that was intentionally misrepresented could result in account suspension or termination. Buying: 1. Buyer is required to pre-pay in US funds by any of the payment terms accepted by seller 2. Buyer shall pay Shipping costs associated with the auction unless otherwise noted in sellers terms. 3. Payment Should be made within 7 days of auction end or to sellers terms. 4. READ THE ITEM DESCRIPTION CAREFULLY!....items are sold as LISTED. Any item sold that was intentionally misrepresented should be reported to us. 5. Firearms and other selected Federally controlled gun parts Must be shipped to a Federal Firearms Licensee. Buyer must mail a signed copy of his transfer Agent's license to the seller before the item can be shipped. Buyer should also locate a transfer Agent before bidding. 6. Laws regarding age restrictions will be followed on item they pertain to. 7. NEVER PAY CASH OR WESTERN UNION.....THERE ARE REASONS PEOPLE WANT TO USE THESE PAYMENT METHODS....IF YOU DO, YOU DO AT YOUR OWN RISK AND RELOADERSAUCTION.COM WILL NOT BE HELD RESPONSIBLE. Bidding: 1. Bidding enters you into a binding contract with the seller, if you are not willing to pay for the item....DO NOT BID. 2. Bids cannot be retracted once entered. 3. By bidding on an item, you give us authorization to release your information that is needed to complete the transaction , including your name, address, email, and telephone number. 4. Auction Closing. The auction listings display the scheduled closing time for the auction. No bids will be accepted after the scheduled closing time. Reloadersauction DOES NOT HAVE A three (3) minute rule! 5. Bid Manipulation. Bid manipulation of any kind is expressly forbidden. Sellers are forbidden to place bids or arrange to have bids placed on their behalf. Bidders are prohibited from communicating with each other with the purpose of manipulating the final purchase price of an item. Sellers or bidders found doing so will have their account terminated. Placing a bid on an item is an irrevocable offer to buy the item at the price of the bid, provided the bid is a winning bid at the time of the close of the auction. A winning bid is a bid that is the highest bid on an item at the end of an auction, or in the event of a tie, the bid placed chronologically earliest. Placing a bid constitutes entering into a binding legal agreement with your seller to purchase the item at the winning bid price and in accordance with the terms stated in the item listing and the rules of this site. You must resolve any questions about the item by contacting the seller prior to placing a 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 regarding any questions you may have. Once a bid is placed it may not be canceled or retracted. Certain firearms may not be lawfully sold or transferred into certain states, such as California, Maryland or Massachusetts. It is the responsibility of the bidder to determine whether a firearm may be lawfully sold or transferred to him or her before placing a bid. Also certain items other than firearms may not be lawfully sold or transferred into certain states, this is also the responsibility of the bidder to determine whether these items may be lawfully sold or transferred to him or her before placing a bid. All items will be subject to a starting bid, which will be set by the seller at the beginning of the auction. Bidding is subject to a minimum bid increments set by the site software or the seller . Bids less than the amount of the minimum bid or the minimum bid increment will not be accepted. Technical Difficulties. Reloadersauction 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! Terms of Sale. The terms of sale of an auction item are as follows. * Buyer agrees to pay seller by payment method listed in the auction. * Payment must be received within 7 days after the buyer has received email notification from Reloadersauction that his or her bid was the winning bid unless the seller states a payment timeline in their auction listing. * Firearms must be shipped only to a federal firearms license holder (“FFL”) who must send the seller a copy of his FFL license. It is the responsibility of buyer to make all arrangement with an FFL before placing a bid. * Any firearm purchased can only be transferred to the buyer by the FFL in a face-to-face transaction after the buyer has completed an ATF Form 4473, successfully passed a check under the National Instant Criminal Background Check System (“NICS check”), and has complied with all applicable local, state and federal laws. In the event that the buyer fails the NICS check or is otherwise ineligible to purchase the firearm, or the buyer desires to cancel the purchase and the seller consents in his or her sole discretion, the firearm is to be returned to the seller. In that event, the buyer may be charged a non-refundable restocking fee of a maximum of One Hundred Dollars ($100.00) to cover shipping and insurance. Any fees charged by the FFL will be the responsibility of the buyer. Illegal Items: By registering as a member and agreeing to these terms and conditions and using this site to sell items, you agree that all Items sold do not violate any applicable local, state, federal and/or international laws. Non-U.S.A. Buyers and Sellers: All local, State, territory, and federal laws must be followed everyone is welcome here. Non U.S.A. sellers or buyers must clearly state what area they reside, it is understood (by majority) that most buyers and sellers reside in the U.S.A. and its territories Feedback: Feedback is one of the most important tools of online auctions, it helps us all make wise transactions. please leave feedback for every transaction you make. Feedback - Account Suspension/Termination Point: Once a member's feedback has fallen to 70% his or her account will be put into a "Probation" period for 30 days. If feedback falls to a lower level inside of that "Probation" period, the members account will be Terminated immediately and the members IP address logged and or banned. Listing Fees: all fees paid are non refundable and shall paid by check, money order, Paypal or Bidpay. Returned checks will carry a $35.00 returned check fee and if not made good by member will be prosecuted by law. Indemnity: By accepting this agreement, you agree to defend, indemnify and hold Reloadersauction (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim, damages, demand, costs and expenses including attorneys' fees, made by any third party due to or arising from or related to 1) your use of this Site 2) out of your breach of this Agreement, or 3) your violation of any law or the rights of a third party. Limitation of Liability UNDER NO CIRCUMSTANCES, SHALL RELOADERSAUCTION OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE RELOADERSAUCTION.COM WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RELOADERSAUCTION HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THE USER AGREEMENT/TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RELOADERSAUCTION.COM WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE RELOADERSAUCTION.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF RELOADERSAUCTION UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIFTY US DOLLARS ($50 USD). General Website Terms and Conditions This web-site is intended 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. Scheduled Maintenance/System Downtime. We reserve the right to perform periodic system maintenance during normal business. Auction ending times will not be extended as a result of scheduled or unscheduled downtime. 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 (a) We believe that you are not abiding by the general rules of this web-site (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. 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. System Abuse. Reloadersauction reserves the right to refuse service to anyone, in its sole discretion. We will exercise this right with “problem” buyers or sellers who complete an auction and fail to complete the transaction. Your Conduct You are solely responsible for the contents of your actions 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, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation. Membership Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under16) to register. If any member fails to sign up with their correct age the account will be terminated immediately. Termination These terms are effective unless and until revised or terminated by Reloadersauction. You may terminate this Agreement at any time. Reloadersauction also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Reloadersauction’s sole discretion you fail to comply with any term or provision of this Agreement. If this agreement is terminated by either you or Reloadersauction, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. Copyrights and Trademarks Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Reloadersauction, one of its affiliates or by third parties who have licensed their materials to Reloadersauction, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Reloadersauction and is also protected by U.S. and international copyright laws. General Terms 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. As a result, 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. Disclaimer THIS SITE IS PROVIDED BY RELOADERSAUCTION ON AN “AS IS” BASIS. RELOADERSAUCTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSABLE BY APPLICABLE LAW, RELOADERSAUCTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RELOADERSAUCTION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. DISCLAIMER OF WARRANTIES: ALL ITEMS SOLD ON THIS SITE HAVE NO WARRANTIES, EXPRESS OR IMPLIED BY RELOADERSAUCTION.COM, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We cannot and 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. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. This Web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, 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 form any goods purchased or obtained. This web-site assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can. Severability The illegality or un-enforceability of any provision of this Agreement shall not affect the validity and enforceability of any legal and enforceable provisions of this Agreement. Laws These Terms of Service shall be governed by and constructed in accordance with the laws of your Home State, and the United States of America and any disputes will be decided only by the Courts of our home state, and the United States of America.
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