(For
the use of Arms Auction facility)
These are the terms and conditions
governing your use of the website www.gunaccessory.com (hereinafter referred
to as "the Site") and constitutes your binding obligations towards Gunaccessory.com,
the owner of the Site ("Terms and Conditions"). Gunaccessory.com may amend
the Terms and Conditions at any time by posting the amended terms on the
Site. All amended terms shall automatically become effective immediately
after they are posted on the Site and any subsequent use of the Site shall
be governed by such amended terms. You are advised to regularly check
the Terms and Conditions for any amendments or updates. If any of the
Terms and Conditions shall be deemed invalid, void or for any reason unenforceable,
such Term/Condition shall be deemed severable and shall not affect the
validity and enforceability of any remaining Terms and Conditions.
This site is being used under the
active participation of the parent firm M/S S. Jaswant Singh & Co.,
Arms and Ammunition Dealers, Cooper Road, Amritsar having a very large
quantity sale Licence in Form XII and No-Limit Repair Licence in Form
XI.
Use of the Site is available only to persons who are holders of valid
Arms License issued by competent authorities and bound by the Indian Arms
Act 1959 along with Arms Rules 1962. The person/s can also form legally
binding contracts under Indian Contract Act, 1872. Persons who are "incompetent
to contract" within the meaning of un-discharged insolvents etc. are not
eligible to use the Site.
If you use the Site, you are responsible
for maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password. You agree
to:
(a) provide true, accurate, current and complete information about
yourself as prompted by Gunaccessory.com registration form (such information
being the "Registration Data") and send a valid Arms License copy as e-mail
attachment, by fax or by mail to the address provided elsewhere.
(b) You must not include any of your contact details such as email
addresses/ mobile number etc in your username; and
(c) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete or Gunaccessory.com
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, or not in accordance with the Terms and Conditions,
Gunaccessory.com has the right to indefinitely suspend or terminate your
membership and refuse to provide you with access to the Site
When you visit the Site or send
e-mails to us, you are communicating with us electronically. You consent
to receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on the Site. You agree that all
agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications
be in writing.
Gunaccessory.com does not charge
any fee for browsing, bidding, buying and selling on the Site. Special
Listing Fees are charged to Sellers who use the Special Listing Feature
for listing their items. The Special Listings Feature is currently available
only to Arms Dealers. Before you list an item for sale on the Site, we
request you to review our Fee Charging and Credit policies. Details relating
to these policies are available at FeeHelp.
The Fee Charging and Credit policies
on Gunaccessory.com are effective from 1 July 2004. However, Gunaccessory.com
reserves the right to change its Fee Charging and Credit policies from
time to time. In particular, Gunaccessory.com may at its sole discretion
introduce new services and modify some or all of the existing services
offered on the Site. In such an event Gunaccessory.com reserves the right
to introduce fees for the new services offered or amend/introduce fees
for existing services, as the case may be. Changes to the Fee Charging
and Credit policies shall be posted on the Site and such changes shall
automatically become effective immediately after they are posted on the
Site.
Unless otherwise stated, all fees
shall be quoted in Indian Rupees. You are responsible for paying all fees
associated with the use of the Site and you agree to bear any and all
applicable taxes, charges, cesses etc. levied thereon. Gunaccessory.com
reserves the right to issue a warning, temporarily /indefinitely suspend
or terminate your membership and refuse to provide you with access to
the Site in case of non-payment of fees by you to Gunaccessory.com. Gunaccessory.com
also reserves the right to take legal action in case of non-payment of
fees by you to Gunaccessory.com.
You agree, undertake and confirm
that your use of the Site shall be strictly governed by the following
binding principles:
(a) "Your Information" is defined as any information you provide
to us or other users of the Site ("Users") in the registration, bidding,
buying or listing process, in the feedback area or through any e-mail
feature. You are solely responsible for Your Information, and we act as
a passive conduit for your online distribution and publication of Your
Information.
(b) Your Information (or any items listed):
- shall not be false, inaccurate or misleading;
- shall not be fraudulent or involve the sale
of counterfeit or stolen items;
- shall not infringe any third party's intellectual
property, trade secret or other proprietary rights or rights of publicity
or privacy;
- shall not, directly or indirectly, offer,
attempt to offer, trade or attempt to trade in any item, the dealing
of which is prohibited or restricted in any manner under the provisions
of any applicable law, rule, regulation or guideline for the time
being in force. Gunaccessory.com permit transactions in the following
items only:
- Arms and Ammunition.
- Arms Spares.
- Arms Accessories
- Arms Repair Equipment
- Arms related Books
Without prejudice, the following items are
not allowed on the Site:
- Unlicensed Arms and Ammunition
- Re-numbered, remarked, country made weapons and 7.62 Chinese Pistols
except those, which are issued by Central Ordnance Depot, Jabalpur.
-
Semi-Auto, P.B. weapons entered on N.P.B License
-
Shotguns of barrel 20”or less
-
Firearms that are re-chambered, re-barreled or
any major component like body, bolt, and slide etc. altered/ remade.
-
Non- authorized converted weapons
-
"Antiquities" and "Art Treasures"
in violation of the provisions of the Antiquities and Art Treasures
Act, 1972 ("the Act");
-
Posting shall not be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing;
-
shall not be obscene or contain pornography;
-
shall not contain any viruses, Trojan horses,
worms, time bombs, cancelbots, easter eggs or other computer programming
routines that may damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
-
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
-
shall not link directly or indirectly to or include
descriptions of items, goods or services that:
-
are prohibited under the Terms and
Conditions;
-
are identical to other items you have
up for auction but are priced lower than your item's price, the reserve
price of the item or minimum bid amount;
-
are concurrently listed for sale on
a web site other than the Site; or
-
you do not have a right to link to
or include.
(c) Solely to enable
Gunaccessory.com to use the information you supply us with, so that we
are not violating any rights you might have in Your Information, you agree
to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, and database rights (but no other rights) you have in Your
Information, in any media now known or not currently known, with respect
to Your Information. Gunaccessory.com will only use Your Information in
accordance with the Terms and Conditions and Gunaccessory.com's Privacy
Policy.
(d) You represent and confirm that you shall be the sole and exclusive
legal owner of all items, goods or products of any description that you
wish to offer for sale on the Site or are acting under written Authority
letter of the owner of the product. You shall have complete right title
and authority to deal in and offer for sale such items, goods or products.
(e) In the event that any transaction or attempted transaction
relating to any item, good or service which is violative of these terms
and conditions comes to your knowledge, you shall take all steps to inform
Gunaccessory.com of the same. You may contact Gunaccessory.com at auction@gunaccessory.com
(f) You shall not, either alone or in conjunction with other Users,
manipulate or attempt to manipulate the prices of any item being sold
or purchased on the Site.
(g) You shall comply with all applicable domestic (including the
provisions of any applicable exchange control laws or regulations in force)
and international 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. You shall not engage in any
transaction in an item which is prohibited by the provisions of any applicable
exchange control laws or regulations for the time being in force. In particular
you shall ensure that if any of your items listed on the Site qualifies
as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"),
you shall indicate that such Artwork is "non-exportable" and shall ensure
that it is not delivered to any Winning bidder/buyer (as defined under
the Bidding and Buying section) at any place outside India.
(h) From time to time, you shall be responsible for providing information
relating to the items proposed to be sold by you. In this connection,
you undertake that all such information shall be accurate in all respects.
You shall not exaggerate or over emphasise the attributes of such items
so as to mislead other Users in any manner.
(i) You will not disclose your contact details like Phone number,
address, emailing address in bidding, buying or listing process, or anywhere
on the Site including the feedback area, discussion forum or through any
e-mail feature to bypass Gunaccessory.com.
The Site is only a venue where Users may meet and interact with one another
for their transactions. Gunaccessory.com is not and cannot be a party
to or control in any manner any transaction between two Users of the Site.
Consequently:
(a) Gunaccessory.com is not responsible for any non-performance
or breach of any contract entered into between Users. Gunaccessory.com
cannot and does not guarantee that the concerned Users will perform any
transaction concluded on the Site. Gunaccessory.com shall not and is not
required to mediate or resolve any dispute or disagreement between Users.
(b) Gunaccessory.com does not make any representation or warranty
as to the attributes (such as quality, worth, marketability, etc.) of
the items or services proposed to be sold or purchased on the Site. In
particular, Gunaccessory.com does not implicitly or explicitly support
or endorse the sale or purchase of any items on the Site. Gunaccessory.com
accepts no liability for any errors or omissions, whether on behalf of
itself or third parties.
(c) Gunaccessory.com does not make any representation or warranty
as to the attributes (such as legal title, creditworthiness, identity,
etc.) of any of its Users. You are advised to independently verify the
bona fides of any particular User that you choose to deal with on the
Site and use your best judgment in that behalf.
(d) The Site is a channel of communication whereby the Users can
reach a larger base to buy and sell items. Gunaccessory.com is only providing
a platform for communication and it is agreed that the contract for sale
of any of the Products shall be a strictly bipartite contract between
the Seller and the Winning bidder/buyer. At no time shall any right, title
or interest over the items vest with Gunaccessory.com nor shall Gunaccessory.com
have any obligations or liabilities in respect of such contract. Gunaccessory.com
is not responsible for damages or delays as a result of items which are
out of stock, back ordered or otherwise unavailable. All items are offered
only for a restricted time and only for the available supply.
(e) You shall independently agree upon the manner and terms and
conditions of delivery, insurance etc. with the other registered Users
that you transact with.
(f) It is the duty of the buyer and the seller to complete all
the formalities regarding the sale and purchase of Arms and Ammunition.
You can ask for any clarification but in no way Gunaccessory.com will
be responsible for any lapse in Arms Act 1959 and Arms Rules 1962 on your
part.
(g)
You release and indemnify Gunaccessory.com and/or any of its officers
and representatives from any cost, damage, liability or other consequence
of any of the actions of the Users of the Site and specifically waive
any claims that you may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, Gunaccessory.com
cannot control the information provided by other Users which is made available
on the Site. You may find other User's information to be offensive, harmful,
inaccurate, or deceptive. Please use caution, common sense, and practice
safe trading when using the Site. Please note that there are also risks
of dealing with foreign nationals, underage persons or people acting under
false pretense.
Without limiting other remedies,
Gunaccessory.com may immediately issue a warning, temporarily/indefinitely
suspend or terminate your membership and refuse to provide you with access
to the Site:
(a) if you breach the Terms and Conditions or the documents it
incorporates by reference;
(b) if Gunaccessory.com is unable to verify or authenticate any
information you provide; or
(c) if it is believed that your actions may cause legal liability
for you, other Users or Gunaccessory.com.
Gunaccessory.com may at any time at its sole discretion reinstate suspended
Users. A User that has been indefinitely suspended may not register or
attempt to register with Gunaccessory.com or use the Site in any manner
whatsoever until such time that such User is reinstated by Gunaccessory.com.
Notwithstanding the foregoing, if you breach the Terms and Conditions
or the documents it incorporates by reference, Gunaccessory.com reserves
the right to recover any dues owed by you to Gunaccessory.com and to take
strict legal action including but not limited to a referral to the Cyber
Crime Division / initiating criminal proceedings against you.
All bids (under the auction
format) and all purchases (under the fixed price format) on the Site are
a firm commitment to purchase. If you are the purchaser/highest bidder
for any item and your purchase/ bid is accepted by the seller ("Winning
buyer"), you are obligated to complete the transaction with the seller.
An action to purchase or bids may be increased in price or volume later
but may not be withdrawn. Purchases/Bids cannot be canceled. By purchaseing/bidding
on an item you agree to be bound by the conditions of sale included in
the item's description (or linked to from the description) so long as
those conditions of sale are not in violation of the Terms and Conditions
or unlawful. In case of consumer goods, sellers on the Site may or may
not specify the retail prices of the items being sold. You are advised
to independently verify the retail prices of such items if you so desire.
Gunaccessory.com strongly advises you not to test the site with false
bids/purchases, as it will put you at substantial personal legal risk.
It is a crime to use a false name, other false personal information or
a known invalid credit card to bid. Willfully entering erroneous or fictitious
bids may result in prosecution by Gunaccessory.com.
As a Winning buyer you must contact the seller within 72 hours of auction
closing successfully. In the event of Dual Winning Buyers displayed online
for a Single Auction, the User who has received the Winning Email will
be the rightful Winning buyer and beyond that there is no liability. Please
be aware that even if you do not give Gunaccessory.com your real name,
your Web browser transmits a unique address to us, which can be used by
law enforcement officials to identify you. As buyers on the Site we encourage
you to post feedback on the seller after the auction is closed. In case
of purchase of/placing a successful bid for an Artwork which is marked
as "non-exportable" on the Site you agree that the Artwork shall not be
exported out of India or otherwise dealt in any such manner which shall
be in contravention of any law for the time being in force or any rules,
regulations, notifications and orders passed there under.
In order to qualify and be identified
as a successful bid, the following priority parameters will be followed:
(a) Price: The higher price bids always supercedes the lower price
bids;
(b) Quantity: Between bids of the same price, the bid for the higher
quantity shall supercede;
(c) Time: Between bids of the same price and for the same quantity,
the bid which was placed prior in point of time shall supercede. Gunaccessory.com's
decision on the success or otherwise of a bid shall be final and binding.
It reserves the right to reject or void bids, whether winning or not,
that it deems not to have been made in good faith, or that are restricted
or prohibited.
As a registered member, you may
list item/s for sale on the Site. You must be legally able to sell the
item(s) you list for sale on our Site. You must ensure that the listed
items do not infringe upon the intellectual property, trade secret or
other proprietary rights or rights of publicity or privacy rights of third
parties. Listings may only include text descriptions, graphics and pictures
that describe your item for sale. All listed items must be listed in an
appropriate category on the Site. Soliciting business offline or outside
of the Site, by indicating your contact details (e.g. contact phone number,
address or e-mail ID) in the item listing or elsewhere on the Site other
than in the Registration data is expressly prohibited and would be considered
as a breach of the Terms and Conditions. All listed items must be kept
in stock for successful fulfillment of auctions.
The listing description of the item must not be misleading and must describe
actual condition of the product. If the item description does not match
the actual condition of the item, you agree to refund any amounts that
you may have received from the Winning buyer. You agree not to list a
single product in multiple quantities across various categories on the
site. Gunaccessory.com reserves the right to delete such multiple listings
of the same product listed by you in various categories. If you receive
at least one bid at or above your stated minimum price (or in the case
of reserve auctions, at or above the Reserve Price i.e. the reserve price
as defined by the seller in a reserve auction), you are legally obligated
to complete the transaction sale contract with the Winning buyer upon
the item's sale online. You must contact the Winning buyer within 72 hours
of item selling successfully and supply the item to the Winning buyer
in a merchantable condition within 48 hours of receiving the payment from
the Winning buyer, unless there is an exceptional circumstance, such as:
(a) the Winning buyer fails to meet the terms of your listing (such
as payment method), or
(b) you cannot authenticate the Winning Buyer's identity. Without
limiting any other remedies, Gunaccessory.com may suspend or terminate
your account if you are found to have engaged in fraudulent activity in
connection with the use of the Site..
As sellers on the Site we encourage you to post feedback on the buyer
after the auction is closed.
An item will be considered as successfully
closed if it receives at least one bid prior to the Auction End Date i.e.
the date and time (as specified in that particular auction) beyond which
bids shall not be accepted. Notwithstanding the foregoing, a reserve auction
will be considered as successfully closed if at least one bid above the
Reserve Price is received prior to the Auction End Date.
Immediately after any auction is successfully closed an e-mail is sent
to both the Winning bidder and the seller providing each of them the contact
information of the other party (or if the information is incomplete then
please check the directory for complete details) to enable them to get
in touch with each other to fulfill the transaction. Please note that
the contact information that will be sent out will be the information
that is provided by the Users in their Registration Data on Gunaccessory.com.
If pursuant to the successful sale
of an item on the Site, you can send the Payment Reminder between 0 to
10 days of the close of the item. In case the sale is not completed within
the stipulated time frame, the seller may issue a Warning to the buyer.
If a Buyer receives 3 Warnings, it results in the suspension of the user’s
account on Gunaccessory.com. Incorrect filing of Alerts and Warnings or
any other misuse of the process by a seller will result in the suspension
of the seller’s account on the Site and Gunaccessory.com may take appropriate
legal action against the seller in this regard.
Gunaccessory.com will attempt to address disputes arising from the process.
You agree to co-operate and provide all information that may be requested
by Gunaccessory.com and agree that the decision made by Gunaccessory.com’s
Dispute Resolution Cell at its sole discretion shall be final and binding
on you.
We encourage buyers and sellers
on the Site to provide feedback to each other after the auction has closed,
this helps all Users to know what it is like to deal with the said buyer/seller.
After you conduct a transaction, we encourage you to leave feedback for
the buyer or seller that you dealt with. Please remember that you cannot
retract the feedback once you have left it. Your feedback will be displayed
along with your user ID. Gunaccessory.com will not be responsible for
the feedback that you post on the Site and you should be careful about
making comments that are not factual in nature.
You may not take any actions that may undermine the integrity of the feedback
system. If you continue to receive negative feedback ratings, Gunaccessory.com
reserves the right to suspend your membership, and you will be unable
to list, buy or bid on the Site.
Export - You acknowledge that your feedback consists of comments
left by other Users and a composite feedback number compiled by Gunaccessory.com,
and that the composite number without the comments does not convey your
full user profile. As feedback ratings are not designed for any purpose
other than for facilitating trading between the Users, you agree that
you shall not market or export your Gunaccessory.com feedback rating in
any venue other than on the Site.
Import - We do not provide the technical ability to allow you to
import feedback from other websites to Gunaccessory.com because a composite
number, without the corresponding feedback does not reflect your true
online reputation within our community.
Gunaccessory.com and its suppliers
provide the Site and services "as is" and without any warranty or condition,
express, implied or statutory and specifically disclaim any implied warranties
of title, merchantability, fitness for a particular purpose and non-infringement.
You expressly agree that your use of the Site is at your sole risk.
In no event shall Gunaccessory.com
or its suppliers be liable for any direct, indirect, incidental, special,
incidental, consequential or exemplary damages, including but not limited
to, damages for loss of profits, goodwill, use, data or other intangible
losses arising out of or in connection with the Site, its services or
this agreement (however arising, including negligence).
Gunaccessory.com's liability in any circumstance is limited to the amount
of fees, if any, paid by you to Gunaccessory.com. Gunaccessory.com, its
associates and technology partners make no representations or warranties
about the accuracy, reliability, completeness, currentness and/or timeliness
of any content, information, software, text, graphics, links or communications
provided on or through the use of the Site or that the operation of the
Site will be error free and/or uninterrupted. Consequently, Gunaccessory.com
assumes no liability whatsoever for any monetary or other damage suffered
by you on account of
(i) the delay, failure, interruption, or corruption of any data
or other information transmitted in connection with use of the Site; and/or
(ii) any interruption or errors in the operation of the Site. You
expressly understand and agree that Gunaccessory.com shall not be liable
for any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if Gunaccessory.com has been
advised of the possibility of such damages).
You agree to indemnify and hold
us and (as applicable) our parent, subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of your breach of the Terms and Conditions or the documents it incorporates
by reference, or your violation of any law or the rights of a third party.
None of the provisions of the Terms
and Conditions shall be deemed to constitute a partnership or agency between
you and Gunaccessory.com and you shall have no authority to bind Gunaccessory.com
in any manner whatsoever.
If any dispute arises between you
and Gunaccessory.com during your use of the Site or thereafter, in connection
with the validity, interpretation, implementation or alleged breach of
any provision of the Terms and Conditions, the dispute shall be referred
to a sole Arbitrator who shall be an independent and neutral third party
identified by Gunaccessory.com. The place of arbitration shall be Amritsar.
The Indian Arbitration & Conciliation Act, 1996, shall govern the arbitration
proceedings. The arbitration proceedings shall be in the English language.
The Terms and Conditions shall be
governed and construed in accordance with the laws of India.
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