The following describes the terms on which this Web site provides you access to our services. We reserve the right to supplement, revise, or update these terms at any time without notice to you other than by posting to this Web site. Continued use of this site following such notice (other than to discontinue your membership) shall be deemed to indicate your acceptance of said updates, revisions and additional terms and conditions.
Eligibility for Membership: Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.
- Pooshka.com is an online marketplace where firearms buyers, sellers, merchants and aficionados meet to conduct transactions. We are not involved in the actual transactions between Buyers and Sellers.
- Pooshka.com takes no responsibility for the truth or accuracy of auction listings, or the quality, safety, or legality of any items offered at auction.
- Pooshka.com reserves the right to modify this agreement at any time, without prior notification.
- When you register as an Pooshka.com User ("User"), you are registering as a Bidder with the option of becoming an Pooshka.com Seller and/or Storefront Merchant later.
- Pooshka.com does not participate in the monetary transactions between Buyers and Sellers. Any changes to payments and terms not mentioned in the Auction or in a Storefront Ad must be agreed upon between Buyer and Seller, memorialized in writing or email, and be available to Pooshka.com for review. Unless otherwise stated, all fees and bid prices are quoted in U.S. Dollars. Plese see our Fee Schedule and Refund Policy.
1. Bidding. Placing a bid on an item is an irrevocable offer to buy the item(s) at the price in 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, or in the event of a tie, the bid placed chronologically earliest. In the case of a reserve price auction a bid is only a winning bid if it meets or exceeds the reserve price on the item. In the case of a Dutch auction there may be more than one winning bid depending on the quantity of items available and the number of bids placed.
Placing a bid constitutes entering into a binding legal agreement with the seller to purchase the item(s) 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 of the item 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 of the item regarding any questions you may have.
Once a bid is placed it may not be cancelled or retracted without the permission of the seller. The seller is not obligated to grant permission to retract or cancel a bid, and it is not the duty of this auction site to request permission from the seller for a bid retraction or cancellation. Any bid cancellation must be worked out between buyer and seller without assistance from the auction site.
Bidding is subject to bid increments and items may be subject to a minimum bid.
By bidding on an item, you authorize us to release your contact information, including name, address, email, and telephone number, to the seller who listed the item.
Auctions will not be extended due to technical difficulties. Do not wait until the last minute to bid!
2. Listing. Placing an item for auction is an irrevocable offer to sell an item to the winning bidder. The winning bidder is the highest bidder on the item, or in the event of a tie, the bidder who placed the highest bid chronologically earliest. In the case of a reserve price auction a bid is only a winning bid if it meets or exceeds the reserve price on the item. In the case of a Dutch auction there may be more than one winning bid depending on the quantity of items available and the number of bids placed.
Listing an item constitutes entering a binding legal agreement to sell the item to the highest bidder as determined by the rules of the auction. Items listed on this auction site may not be concurrently offered for sale on any other online auction site. Once an item is listed and has received a winning bid, the item may not be withdrawn from sale. Please consider carefully whether you want to place an item for auction.
When listing items, ensure that the items listed for auction do not infringe upon the copyright, trademark or other rights of those third parties. By listing items for sale on this site you represent to us that your items do not infringe on the intellectual property of any third party and that you have a legal right to sell the items you list.
Your description of the item must be truthful and accurate. Adding additional unrelated keywords to your listing to make it show up through our Search facilities is prohibited. Item Titles may not be in ALL CAPS.
The sale of your item(s) on this auction site: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) 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); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography; and (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.
You may not post on our site or sell through our site any: (a) item that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or (b) live animals, human beings or body parts (relics, skulls, human remains or other parts), bulk email lists, illegal weapons, instructions/kits/plans/parts designed to illegally convert firearms to full-auto fire, instructions/kits/plans/parts designed to illegally build silencers, or instructions on how to build bombs or explosives.
In the event of a conflict, the rules of the auction as specified by this document supercede the terms stated in the seller's auction listing. A seller may not alter the rules of the auction by the language of his listing.
By listing an item, you authorize us to release your contact information, including name, address, email, and telephone number, to the bidders who place bids on this item.
3. Listing Content / Multiple Listings. Auction listings must offer a specific product or service at a specific price. Any listing deemed to be general advertising instead of an offering of something specific for sale will be removed. We reserve the right to edit or remove auction listings as deemed necessary by the auction site. Listings may be moved to a different category if deemed inappropriate for the listed category, so put your listing in the most appropriate category. We reserve the right to remove any listing deemed inappropriate or in violation of the letter or spirit of our rules.
We do not allow the posting of excessive numbers of listings for the same item. Excessive duplicate listings will be removed without notice.
4. Terms of Sale. Unless otherwise stated in the seller's Auction Description, the terms of sale of an auction item are as follows:
- Buyer pre-pays in US funds by personal or business check, bank check, money order, or Escrow.
- Personal or business checks will be held until they clear (7 business days).
- Buyer pays estimated/actual cost of shipping and insurance.
- Payment must be received within 10 days of initial contact by seller
- Item is guaranteed to be working and as described when delivered; no other warranty (express or implied) is offered by seller.
- Firearms must be shipped only to an FFL Holder. Buyer must mail a copy of his (or his transfer dealer's) license, signed in blue or red ink, to the seller before the item can be shipped. Buyer must make arrangements with a Transfer Dealer before placing a bid.
- Other items such as ammunition or knives may require proof of age before they can be shipped.
The seller can hold personal checks or money orders until payment clears for a maximum of seven (7) business days. Items must be shipped promptly upon clearance of funds. In general, no transaction should take over 30 days from the close of auction until the buyer receives the item. Seller (or seller's common carrier) is responsible for the item until the item is received by the buyer or the buyer's transfer dealer. We strongly recommend insuring all shipments and using delivery confirmation wherever possible.
If a bid does not meet or exceed the reserve price (if any) on the item, then the bid is not a winning bid and the non-winning bidder is not obligated to buy the item. Sellers are prohibited from soliciting side deals with non-winning bidders during or after the auction. Non-winning bidders are prohibited from contacting sellers and requesting a side deal during or after the auction. Soliciting side deals may result in suspension or or termination of your account.
6. Non-US Sellers. As long as all applicable laws of the countries of residence of both buyer and seller are followed, non-US sellers are welcome to list items for sale here. Please keep in mind that the vast majority of buyers and sellers here are located in the United States, so buyers tend to assume that the items are located in the US. If the item is not located in the US, you must clearly identify the country in which the item is located in your item listing. This is necessary because the cost of importing an item may be higher than the cost of transferring an item inside the US due to import fees and tariffs. We reserve the right to void any sale in which the item is located outside the US and the country of original is not clearly listed.
If an item is sold to a US buyer by a non-US seller, the item must be legally imported into the US by an FFL Holder who must file a form with US Customs. Failure to file the proper paperwork before shipping the item will result in the firearm being confiscated by Customs.
7. Fraud Prevention / Dispute Resolution. We provide Buyer's Protection that insures buyers against fraud. Buyer's Protection is not a substitute for common sense and due diligence and the bidder must take steps to prevent problems. We provide a feedback system where buyers and sellers can publicly post their experiences with each other. Before placing a bid, the buyer should check the seller's feedback to see how the seller has handled himself in past transactions. We strongly recommend that the buyer use either a credit card or an online escrow service because of the extra protection these offer. Never send cash or use any payment method that provides no proof of payment!
If you were the winning bidder in an auction transaction, sent payment, and either did not receive your item or received an item substantially different than what was advertised, we provide Buyer's Protection that may cover your your transaction. Our Fraud Claim Process Overview page explains the fraud claim process and helps you understand if your purchase qualifies.
For disputes between a buyer and seller other than fraud claims as described above, we provide a feedback system where buyers and sellers can post their experiences with the other party for all to see. Although buyer/seller disputes are rare, Pooshka.com is not a court and cannot arbitrate disputes or arguments between users. As per the Feedback section of this document we will not arbitrate disputes over feedback.
8. Auction Closing. The auction listings display the scheduled closing time for the auction. If there is bidding activity on the auction within fifteen (15) minutes of when the auction is scheduled to close, the auction automatically switches into a special mode analogous to the 'going, going, gone' period of a live auction. In this mode, the auction is automatically extended until there have been no bids placed within fifteen (15) minutes. When fifteen (15) minutes have passed with no bidding activity, the auction closes.
9. System Abuse. This auction site reserves the right to refuse service to anyone. We will exercise this right with "problem" buyers who win an auction and fail to complete the transaction, and with "problem" sellers who list an item and fail to sell it to the high bidder(s).
Without limiting any other remedies, this auction site may terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
You agree to be liable for and to pay for any costs incurred by this site for your misuse of the site or for your violation of any of the site's rules, including but not limited to Final Value Fees incurred for any items you win but fail to pay for, Final Value Fees for any items on which you place bogus bids, and the cost of our time spent in resolving deliberate rules violations.
10. Bid Manipulation. Bid manipulation of any kind is expressly forbidden. A seller is prohibited from placing bids or arranging to have bids placed on behalf of seller, seller's agent or assigns. No shill bidding is allowed. Buyers are prohibited from communicating with each other with the purpose of manipulating the final purchase price of an item.
12. User-Generated Content. This auction site is not responsible for the content of user-generated content including auction listings, messages on our message forums, feedback, pictures, etc. For legal reasons we do not screen user-generated content.
You are solely responsible for any information you post our use on this site, and we act as a passive conduit for your online distribution and publication of this information. If you post information that is slanderous, violates any international, federal, state, or local law, or violates the intellectual property of another party you will be solely liable for the consequences. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Complaints of copyright violations or infringement of any other type of intellectual property are covered in this document under the section labeled Intellectual Property.
14. Feedback. Feedback may only be posted between the winning bidder and the seller in a transaction. Feedback is associated with a specific item listing and must pertain specifically to that item listing. By submitting feedback you agree that your rating and comments are truthful to the best of your knowledge and accurately reflect what happened in the transaction. You may not take any actions which could undermine the integrity of the feedback system, including posting bogus good feedback to artificially improve another user's rating or posting bogus bad feedback to falsely damage another user's rating. If you accumulate excessive negative feedback or display a pattern of unacceptable behavior your account may be suspended or permanently terminated.
Pooshka.com is not responsible for the information posted by a user in the feedback system. It is not our responsibility to determine the 'truthfulness' of posted feedback, and we do not arbitrate disputes over feedback. We reserve the right to remove any piece of user-posted feedback at any time for any reason.
All complaints about a buyer or seller in an auction must be posted through the feedback. We do not accept these complaints via email, fax, or telephone.
15. Registration. Members agree to provide true and accurate information about him/herself in the registration form.
It is a violation of Federal law to make bids in a false name or with an invalid credit card, even if our software initially accepts such a bid. Please be aware that even if you do not give us your real name your web browser transmits a unique Internet address to us which can be used by law enforcement officials to identify you. Do not test our auctions with false bids. This puts you at substantial personal legal risk. Fraudulent bidders will be prosecuted to the fullest extent of the law. Currently, both the FBI and the US Secret Service are responsible for investigating Internet fraud cases.
16. Payments And Fees. Any and all payments made to this auction site are non-refundable. This holds true whether or not the item sells. If you use a credit card, our billings may appear under the name Pooshka.com, LLC, or Pooshka.com.
Returned checks are subject to a $25.00 returned check fee.
Past due accounts will be terminated and the seller's auctions may be voided at our discretion. Promotional offers, including free or discounted listings, will be void if your account is more than 30 days past due. Accounts that are or have been past due will have their credit limit reduced to zero. Past due balances will be subject to a finance charge of 1.5% per month or the highest amount permitted by applicable law; whichever is lower. If your account is past due you agree to pay any and all collection costs including but not limited to court costs, attorney's fees, collection agency fees, and administrative costs.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time.
Bidders: We do not accept payment in any form for any item(s) that you bid on. You must remit payment directly to the seller for any item you bid on or win. If you pay us for an item you won we reserve the right to deduct any fees or costs we incur as a result of receiving your payment or refunding your money, including check fees and/or credit card transaction fees.
17. Credits for Non-paying Buyers. If a bidder wins an item and does not complete the transaction in accordance with the auction rules we will issue a credit for the relist of the item. To get a credit for the item relist you must follow the instructions posted on our Fees page. The Fees page is incorporated into this document by reference.
Sellers: as per Section 2 above you are obligated to complete the transaction with the winning bidder if the auction closes with a winning bidder. If the item has a winning bidder and you refuse to sell the item or the item has been sold elsewhere you will not get a credit for any fees you incurred. We do not issue credits for sales in which you (the seller) fail to complete the transaction. We do not issue credits for listings/sales which violate our posted rules and policies, including illegal/improper/invalid listings and listings that incur fees due to 'shill' bidding.
18. Fee Avoidance. Attempting to circumvent or avoid paying our fees is prohibited. Fee avoidance will result in a warning being issued and, if repeated violations occur, termination of the seller's account. Examples of Fee Avoidance include:
- Using contact information obtained from Pooshka.com or using any Pooshka.com feature to offer to sell merchandise outside of Pooshka.com.
- Canceling a listing to sell the item to anyone who contacted the seller through Pooshka.com or became aware of the item through Pooshka.com.
- Ending an auction listing early to sell the item at a higher price to the winning bidder. It is permissible to end the auction to sell the item at the winning bid price.
- Using contact information obtained from Pooshka.com or using any Pooshka.com feature to offer to sell an item outside of Pooshka.com to a bidder who placed a bid but did not meet the Reserve Price.
- Using contact information obtained from Pooshka.com or using any Pooshka.com feature to sell duplicate or additional merchandise outside of Pooshka.com to non-winning bidders.
- Offering in a listing the opportunity to purchase the item or other merchandise outside of Pooshka.com.
- Linking to an item on another web site that is identical to the item offered at auction but is priced lower than the auction item's Reserve Price or Starting Bid.
- Listing an item with a low price but charging unreasonably high shipping or handling costs
- Listing a single item and offering additional identical items for sale in the item description. In this type of listing the seller instructs buyers to indicate the number of items they want and states that they can get the same price as the item in the listing.
19. Mail System / Spam. Our user-to-user messaging system ("Ask Seller a Question", "Mail this Listing to a Friend", etc.) exists solely to allow contact between bidder (or potential bidder) and seller for the purpose of engaging in or completing an auction transaction. Use of the messaging system for any other purpose is prohibited.
Users agree to refrain from "spamming" (sending unsolicited commercial email to other users). A seller may not contact the bidder(s) on similar listed items and promote his own item or offer another item for sale. Users may not send spam through this auction site or through other mail servers for any purpose, including promoting this site to earn affiliate program rewards. Spamming will be reported to the applicable ISP(s) for further punitive action and may result in criminal or civil penalties under various laws.
Abuse of our mail system and/or sending spam is a serious offense and will result in closure of your account here.
20. Scheduled Maintenance / System Downtime. We reserve the hours between 1:00am and 2:00am Pacific Time for system maintenance. This may or may not cause system downtime. Auction ending times may be extended without notice as a result of scheduled or unscheduled downtime.
21. Termination. This auction site may, at its sole discretion, terminate Service should Member's conduct fail to conform to this User Agreement or other rules of this site. Abusiveness or use of profanity directed toward this auction site or its personnel will result in immediate termination of the Member's account here and will result in a notation appearing on the Member's feedback.
22. Advertising Services. If you elect to participate in our advertising services (including Top of Page Banner Ads, Category Sponsorships, Newsletter or Opt-In Mail Advertising, etc) you understand and agree that all advertising services are non-refundable.
23. Intellectual Property. You agree to refrain from posting or transmitting any materials that infringe any third party's intellectual property, including copyright, patent, trademark, trade secret or other proprietary rights or interests. If you believe that materials posted on this site violate your copyright you can contact the site's designated agent as per the Digital Millennium Copyright Act and file a claim of infringement. Click here to learn more about reporting copyright infringement claims.
The United States Federal Trade Commission provides some free information for auction users. Please see their publications entitled Internet Auctions A Guide for Buyers and Sellers.
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