Terms and Conditions
1. Basic Information
A. All amounts are paid by company check by D4 Media Corp and mailed to the address you provide to us during the quote process. This usually takes one business day from the date on which your firearms arrive and are inspected at our facility unless we need to speak to you directly about your offer. No offer we make is binding until we receive your firearms and examine them.
B. You agree to ship your firearms within 7 days of receiving your prepaid shipping label and/or shipping kit. If shipping is delayed past 7 days, your offer may be subject to adjustment/change.
C. By agreeing to these terms and conditions and by shipping your firearm(s) to us, you certify that you are at least 18 years of age and the legal owner of the firearm(s) that you send.
D. We strive to make every transaction fast and easy! Should you have any questions regarding these terms and conditions, please do not hesitate to call or email us at email@example.com or use our Contact Us page.
E. Updating your information and email communication preferences: We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us, please let us know by sending us an email to firstname.lastname@example.org. Please be sure to include your email address, full name, and specifically what information you do not want to receive. Please note that sometimes these requests may take up to 1-2 weeks to be effective. In addition, when you sell your firearms to us online, we may need to contact you via phone, email, or mail to address your questions or issues specific to your order, or with a promotional offer. If you would like to opt out of any further communication followed by completion of the principal transaction(s), please opt out by contacting us via email including your email address, full name, and specifically what information you do not want to be receiving from us in the future. If you would like to update or correct your email address, street address, or other personal information with us please contact us either by phone or email.
F. Use of CashmyGuns.com is intended only for individuals who are at least 18 years old. Individuals under the age of 18 are not eligible to register as members or use our services.
2. Further Transfer of Ownership and Offer to Purchase
A. Prices presented on the website. All such initial prices are pending our evaluation of your fiirearm(s) and no binding price offer is made until we have had a chance to inspect the firearms(s) that you send to us. We reserve the right to refuse to offer to purchase any item that you send us for any reason we deem, in our sole discretion, to be sensible. You must send us your firearm(s), within the time period stated herein.
B. We determine the value of your firearm (means any firearm) based on our systematic analysis of the firearm and current marketplace values. Many factors are taken into consideration, such as the age of the firearm, the manufacturer and model of the firearm, the wear and tear apparent on the firearm, whether the firearm is usable and or intact in nature and other elements that would affect its resale value or costs of repair to the firearm. If we decide not to purchase the firearm, you will be given the option of allowing us to recycle the firearm or ship it back to you, but you will not receive any payment for the firearm.
C. Sending your item to us. You are solely responsible for the risk of loss or damage of/to your property while it is being shipped to us and while it is shipped from us to you, should we return the item to you. You must appropriately package the firearm you send us in order to protect it from harm during the shipping process. You are solely responsible for any harm that comes to the firearm you send us if you fail to appropriately package the firearm prior to sending it.
D. Should you be given a price via our website and we, upon inspection of your firearm, agree to pay you that quoted amount, you are contractually bound to sell us the firearm for the price quoted once you have shipped the firearm to us.
F. Should we, upon inspection of your firearm, decide to offer you a different price than originally quoted, you will have 7 days to either accept or reject that new price quote. During the 7 days we will attempt to contact you via phone and/or email. If no contact is made after 7 days we will issue payment for amount indicated in the email and will mail it to your indicated address. Once payment has been issued no revisions or exceptions will be made.
G. Lawful Sales Only. You must own the right, title and all legal interest in the firearm(s) you send us. Your sale and or shipment of any such item must not violate any law, regulation or statute of any jurisdiction. You may not unlawfully transfer or encumber any intellectual property, trademark, copyright, patent, software, license or other legal right or restriction via your shipping or selling of the shipped item. The item you ship must be free of all legal restrictions that would affect the value of the item, restrict your legal right to transfer ownership of the item (including the item itself and/or any accessory or hardware on or inside the item). You must refrain from violating any export laws or restrictions. The item you send (including all related materials) may not be counterfeited, stolen, or contain harmful or offensive content of any nature. You agree to hold us harmless and indemnify us from any and all loss of any nature, including fees, costs, judgments, liens and reasonable attorney’s fees, arising from any threatened or actual legal action should you violate this term and condition of this Agreement.
H. Failure to Return Product or Contents Thereto. Under certain limited circumstances, at no fault of ours, we may not be able to return your item and you agree to hold us harmless from any loss regarding our failure, when outside of our control, to return your firearm or other item to you.
I. Legal title and transfer of your firearm passes to us when we agree to pay you the quoted amount or you agree to accept a different offer that we make to you. All payments are sent as established by our normal course of business. If we do not agree to accept your product by way of purchase or as a firearm to be recycled, then title does not pass to us. Title for all firearms accepted for recycling passes to us when you agree to allow the firearm to be recycled. All decisions about whether or not we purchase your firearm and for what dollar amount are final. Any offer to purchase your firearm that we make is a non-transferable offer and also expires if not accepted by you in a timely manner, as described herein. At any time we may decide, without prior notice, to discontinue purchasing any particular or all items.
J. Errors. Should we make a material error in any representation of facts, information or offers to you, your sole recourse is to request the return of the item that you have sent to us. Your ability to request the return of the item lapses upon your receipt of the payment we issue for your item. In the event that you elect to cancel the transaction prior to us sending your payment, we will return the item to you upon your request. Federal Law prohibits the mailing of firearms to non-licensees; any returned firearms must be sent to an FFL dealer in the sender’s State of residence. Any costs associated with the FFL dealer’s transfer of the firearm will be at the customer’s expense.
3. General Terms and Conditions
A. Entire Agreement. No Waiver. This Agreement constitutes the entire agreement between the parties. Captions are used only as a matter of convenience and have no legal import. No waiver by us regarding any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default. Our website or other publications and communications may contain errors. We reserve the right to correct any errors in writing or orally with you.
B. Modification. We reserve the right to modify this Agreement at any time without giving you prior notice. Your use of our website, any of our tools and services, following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Service were revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon publication.
THESE TERMS AND CONDITIONS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH NEVADA LAW, AND NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING AGREEING TO USE OUR SERVICES AND SELL YOUR FIREARM(S), YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN RENO, NEVADA AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
We strive to make every transaction fast and easy! Should you have any questions regarding these terms and conditions, please do not hesitate to email us at email@example.com or use our Contact Us page.
Last Updated: 5/8/2019