TERMS AND CONDITIONS OF SALE
I. ACCEPTANCE OF TERMS
By registering to bid or placing a bid, the Bidder (“Buyer”) expressly, unconditionally, and irrevocably accepts and agrees to be bound by all terms and conditions set forth herein. These terms constitute the complete and exclusive agreement between MilitariaBay (“Auction House”) and the Buyer, superseding all prior or contemporaneous agreements, representations, warranties, and understandings, whether oral or written. All announcements made the day of auction supersede these written terms if contradictory. The Auction House’s interpretation of these terms shall be final and binding.
II. REGISTRATION AND ELIGIBILITY
A. Registration Requirements
1. Registration must be completed no later than 24 hours before auction start
2. Valid credit card required for bidding approval, with Buyer expressly authorizing pre-auction authorization charges
3. Complete contact information required, warranted by Buyer to be accurate and current:
– Full legal name as shown on government-issued identification
– Current physical address (no P.O. boxes)
– Daytime phone number with immediate access
– Valid email address regularly monitored by Buyer
4. Buyer warrants all provided information is true, accurate, and complete
B. Firearms Eligibility
1. Buyers assume sole and complete responsibility for verifying their eligibility to purchase firearms under all applicable federal, state, and local laws
2. Ineligibility to possess purchased firearms, whether discovered before or after sale, does not void sale, enable refund, or alter Buyer’s payment obligations
3. California Residents Restrictions:
– No purchases allowed for firearms listed as “out-of-state only”
– No magazines exceeding ten cartridge capacity
– No exceptions unless relevant local laws change
4. Buyer indemnifies and holds Auction House harmless from any claims arising from firearms purchases
III. AUCTION DOCUMENTATION AND MEDIA
A. Photography and Recording
1. Auction House maintains exclusive rights to photograph, videotape, or otherwise record any aspect of the auction
2. No commercial photography or recording permitted without written consent
3. Personal photography during preview periods permitted for personal use only
4. All auction images remain property of Auction House
5. Buyer grants Auction House perpetual right to use images of sold items
B. Item Documentation
1. Extensive photographs provided for all items
2. Buyer acknowledges responsibility to:
– Review all provided photographs thoroughly
– Examine all item descriptions carefully
– Consider condition descriptions as opinion only
3. Condition assessments are provided as courtesy only
4. Buyer accepts that photographs constitute part of item description
5. No claims accepted for condition issues visible in provided photographs
C. Authentication and Accuracy
1. Auction House makes reasonable efforts to authenticate and accurately describe items
2. All descriptions and authentications are matters of opinion only
3. Auction House makes no warranties or guarantees regarding:
– Authenticity
– Origin
– Age
– Previous ownership
– Historical significance
4. Buyer acknowledges that errors in authentication or description may occur
5. Misrepresented items eligible for return per return policy
6. Authentication-related returns evaluated on case-by-case basis
IV. BIDDING PROCESS
A. Auction Format
1. Simultaneous bidding formats, with Auction House maintaining sole discretion over format priorities:
– Live, in-person
– Absentee/Phone bidding
– Online bidding
2. Buyer assumes all risks associated with bid transmission failures, delays, or errors
B. Bidder Conduct
1. Collusion between bidders strictly prohibited
2. Auction House reserves right to:
– Refuse bids from related parties
– Cancel sales involving suspected collusion
– Bar participants from future auctions
3. Artificial price manipulation strictly prohibited
4. Violation of bidding rules may result in:
– Immediate termination of bidding privileges
– Cancellation of all pending and completed bids
– Permanent ban from future auctions
C. Bid Transmission
1. Buyer assumes all risks associated with:
– Internet connectivity issues
– Platform performance
– Bid transmission delays
– System outages
2. Auction House not responsible for:
– Failed bids
– Late bids
– Platform technical issues
3. Official time determined by Auction House platform
4. Bidder responsible for:
– Testing system compatibility
– Maintaining adequate internet connection
– Understanding platform operation
V. PAYMENT TERMS
A. Settlement Requirements
1. All accounts must be settled in full within 15 days of auction conclusion
2. Accepted payment methods, all subject to Auction House approval:
– United States Dollar
– Approved checks (subject to clearance)
– Credit cards (MasterCard, Visa, Discover, American Express)
3. Buyer grants irrevocable authorization for charges
B. Charges
1. Hammer price
2. 11% Buyer’s Premium (non-negotiable)
3. Applicable sales tax (non-negotiable)
4. Shipping and handling costs (as determined by Auction House)
5. Any required state fees, registration, or transfer fees
6. Buyer acknowledges all charges are non-negotiable and due in full
VI. SHIPPING AND DELIVERY
A. General Shipping Terms
1. Estimated shipping time: 1-6 weeks from auction close, not guaranteed
2. Shipping methods: USPS and FedEx, at Auction House’s sole discretion
3. Lots combined at Auction House’s discretion
4. Buyer assumes all risks and costs associated with shipping
5. Auction House assumes no liability for shipping delays or damages
B. Firearms Shipping Requirements
1. Firearms shipped only to Federal Firearms License (FFL) holders
2. Required documentation:
– Dealer’s FFL copy must be emailed to Support@MilitariaBay.com
– Email must include Buyer’s name and bidder number
3. Buyer solely responsible for compliance with all firearms transfer laws
C. Shipping Cost Estimates
1. Long guns: $45-$125, plus $40 per additional item
2. Handguns: $35-$80, plus $10-20 per additional item
3. Actual costs may vary without notice
VII. INTERNATIONAL TRANSACTIONS
A. Payment Terms
1. United States Dollars (USD) only accepted
2. Buyer responsible for all currency conversion costs
3. Wire transfer fees borne by Buyer
B. International Shipping
1. Auction House does not arrange international shipping
2. Buyer solely responsible for:
– Arranging international transport
– Export documentation
– Import duties and taxes
– Customs clearance
– Compliance with international regulations
3. Auction House will release items to Buyer’s designated freight forwarder
4. All international shipping costs borne by Buyer
VIII. ITEM CONDITION AND RETURNS
A. Item Condition
1. All items sold “as-is, where-is” with absolutely no warranties or guarantees
2. Buyer expressly waives all claims regarding:
– Title
– Merchantability
– Fitness
– Condition
– Description accuracy
– Genuineness
– Attribution
– Provenance
– Intellectual property rights
3. Buyer acknowledges inspection opportunity before bidding
4. Auction House descriptions are opinion only and not guaranteed
B. Returns and Refunds
1. Returns considered solely at Auction House’s absolute discretion for:
– Shipping damage
– Misrepresented items
2. Return Requirements:
– Written notification within 5 days of receipt
– Comprehensive photographic documentation required
– Returns without photos subject to minimum 30% restocking fee
3. Auction House maintains absolute and sole discretion in accepting returns
4. Approved returns processed within 3-5 business days
5. Buyer waives all other return rights
IX. PAYMENT DISPUTES
A. Credit Card Chargebacks
1. Chargebacks strictly prohibited
2. Unauthorized chargebacks subject to:
– 40% of transaction amount or $500, whichever greater
– All legal fees and collection costs
– Permanent ban from future auctions
3. Buyer agrees to arbitration for payment disputes
4. Buyer waives right to credit card disputes
5. All payment disputes must be resolved directly with Auction House
X. STORAGE AND ABANDONMENT
A. Storage Terms
1. Items unpaid or without shipping information after 15 days incur non-negotiable storage fees
2. Storage fee rate: $5 per day per item, compounding daily
3. Payment application order:
– Unpaid storage fees
– Unpaid charges
– Bid amount and premiums
4. Storage fees accrue without notice or limit
B. Abandonment
1. Items considered abandoned when storage fees exceed total invoice
2. Abandoned items revert to Auction House ownership automatically and without notice
3. No refunds, credits, or claims permitted for abandoned items
4. Auction House maintains all rights to abandoned items
XI. DATA PRIVACY AND PLATFORM
A. Data Collection and Use
1. Auction House collects and processes personal data
2. Third-party platforms may collect additional data
3. BidSpirit platform maintains separate data policies
4. Buyer acknowledges:
– Data processing necessary for auction participation
– Third-party data handling beyond Auction House control
– Separate platform privacy policies may apply
B. Platform Terms
1. WordPress and associated plugins used for website
2. BidSpirit platform used for auction operations
3. Buyer accepts all platform terms of service
4. Platform selection and operation at Auction House discretion
XII. LEGAL TERMS
A. Jurisdiction and Venue
1. Terms interpreted exclusively under California State law
2. Exclusive jurisdiction and venue:
– Superior Court of California, Orange County
– U.S. District Court, Central District of California, Southern Division
3. Buyer waives all objections to jurisdiction and venue
B. Default Remedies
1. Auction House entitled to without limitation:
– All losses from resale
– Initial sale charges
– Resale expenses
– Attorney’s fees (reasonable or actual)
– All enforcement costs
– Interest at maximum legal rate
2. All remedies are cumulative and non-exclusive
C. Severability and Waiver
1. Invalid or unenforceable terms shall not affect remaining provisions
2. Waiver of any term does not constitute continuing waiver
3. All rights and remedies are cumulative
D. Indemnification
Buyer agrees to indemnify, defend, and hold harmless Auction House, its employees, agents, and representatives from any claims, damages, losses, or expenses arising from participation in auction or purchase of items.
E. Limitation of Liability
1. Auction House’s maximum liability limited to purchase price paid
2. No liability for consequential, incidental, or punitive damages
3. No liability for:
– Technical failures
– Bid transmission errors
– Data loss
– Service interruptions
– Force majeure events
XIII. Email Marketing
A. Consent to Receive Communications
By participating in our auctions, you agree to receive marketing communications from us and our affiliates.
Communications may include, but are not limited to, promotional offers, updates, and newsletters.
B. Opt-Out Provision
You have the right to opt-out of receiving marketing communications at any time.
To opt-out, you may:
Use the unsubscribe link provided in any marketing email.
Contact us directly via [contact email/phone number] to request removal from our mailing list.
Opting out will not affect your participation in the current auction or the processing of any transaction.
C. Acknowledgment
By continuing to participate in the auction, you acknowledge that you have read and understood this email marketing consent and opt-out provision.
XIV. CONTACT INFORMATION
For all inquiries:
Email: Support@MilitariaBay.com
Phone: 714-939-1172
Preview Hours:
– Tuesday-Friday: 10am-5pm
– Saturday: 10am-4pm
– Including auction day
Preview Location:
1740 W. La Veta Ave.,
Orange, CA, 92868
The terms herein may be modified only in writing by an authorized representative of the Auction House. Electronic signatures and agreements are binding.