Terms & Conditions

By using secamus.com, any of its subdomains or any other Web site on which a link to the Terms and Conditions appears (collectively, the “Site”), you agree to the following terms with Secamus.com, LLC and its affiliated companies (“Secamus.com”, “we”, “us” or “our”) regarding use of the Site and the services offered on the Site. Before being permitted to act as a registered user of the Site, you must read and accept all of the terms in, and linked to, the Terms and Conditions. By accepting Terms and Conditions, you agree that the Terms and Conditions, as well as the linked documents made a part of the Terms and Conditions such as the Privacy Policy, Terms of Use and How Secamus.com Works, will apply whenever you use the Site and its related services. Some Secamus.com websites may have additional or other terms that we provide to you when you use those sites.

As used in the Terms and Conditions, “you” or “User” means the individual now registering as a user of the Site or the existing user of the Site now agreeing to the Terms and Conditions, as the case may be. As used in the Terms and Conditions, “Seller” means the manufacturer, distributor, broker or other business selling products through the Site.

CHILDREN

Sellers do not sell products for purchase by children. If you are under 18, you may use the Site only with the involvement and consent of a parent or guardian. Anyone under 18 years of age is not allowed to purchase any items from the Site.

YOU ARE RESPONSIBLE FOR THE FOLLOWING

  • You are responsible for the legality of a specific item that you purchase.
  • You are responsible for checking all applicable laws in your area before ordering and/or using an item from a Seller.
  • You are responsible for complying with all firearms laws in your area or any area which you use the products from a Seller.
  • You must notify Secamus.com immediately should you have any concerns about the legality of any product you have ordered.
  • You are responsible for ensuring the Federal Firearms License (“FFL”) Dealer you choose will accept delivery of your items.
  • You are responsible for payment for all orders placed through this online system. If you (i) are not sure if you want an item, (ii) are not sure you can legally purchase an item, or (iii) do not have a FFL Dealer that has agreed to accept the delivery of an item, then do not place your order.
  • You must be of legal age to purchase and own any items you order.
  • You must be at least 18 years of age to purchase ANY item on the Site.
  • You must be at least 18 years of age to purchase rifle or shotgun ammunition and at least 21 years of age to purchase ammunition or firearms from a Seller. Sellers or Secamus.com may request a copy of your state identification before shipping your order.
  • You must provide a valid contact phone number with any order placed. Sellers or Secamus.com may contact you at the provided phone number before processing any order.
  • You are responsible for reading and understanding the return policies of each Seller.
  • You are responsible for reading, understanding, and complying with all terms, conditions and policies set forth in these Terms and Conditions, the Terms of Use, the Privacy Policy, How Secamus.com Works and any other policy or terms set forth on the Site.

If you have any questions, then call us and ask before ordering!
Phone: (678) 824-GUNS

SHIPPING AND ACCEPTING FIREARMS AND FIREARM PARTS

Sellers will ship all firearms and firearm parts to a valid FFL Dealer. At checkout, you will choose a FFL Dealer to accept your delivery. It is your responsibility to ensure the FFL Dealer is a valid FFL Dealer. It is your responsibility to ensure the FFL Dealer will accept delivery of your items and that the items you are ordering are legal in your area. The FFL Dealer may be required to deliver a copy of his valid and signed FFL License to Seller.

As we are not affiliated with the Seller and/or FFL Dealer, the Seller and/or FFL Dealer has the right to refuse to sell or deliver a firearm or firearm part to you for any reason. Please contact your FFL Dealer of choice BEFORE placing your order to confirm your FFL Dealer will accept delivery on your behalf.

Your FFL Dealer may charge you additional fees beyond those charged by Seller and it is your responsibility to pay such fees. Neither Secamus.com nor Seller will pay any additional fees for transfer of firearms or firearm parts to FFL Dealers. The FFL Dealer may require an NICS background check or other documentation such as a driver's license or weapons permit. You are responsible for ensuring that you qualify for the items ordered before purchasing your items on this Site.

When you sign for the firearm or firearm part at the dealer and the transfer is completed (ATF Form 4473, Form 3 and/or Form 4), the item is non-refundable. It is your responsibility to inspect firearms and firearm parts at the FFL Dealer prior to accepting the transfer. If there are any noticeable defects of any kind with the firearm, firearm part, or any associated cases and or contents, please refuse the transfer and we will arrange to have the items returned to Seller and Seller will issue you a full refund or replacement firearm or firearm part if available. If you accept the transfer from the FFL Dealer, please refer to the manufacturer's warranty for any repairs.

If the FFL Dealer you choose will not accept your delivery, then your item will be subject to the return policies of the Seller from which you purchased your item. Sellers may charge a restocking fee.

AMMUNITION

You must be at least 18 years of age to purchase rifle or shotgun ammunition and at least 21 years of age to purchase handgun ammunition. Adult signature will be required upon delivery. Due to regulations, all ammunition must be shipped by ground. When ordering ammunition, make sure you choose ground delivery. Ammunition cannot be sold to customers in Hawaii, Alaska, New York City, Cook County, Illinois, and potentially other locations. You must check your state and local laws to confirm you can receive ammunition. Residents of CA, DE, DC, IL, MA, NY, and OH please check your local laws for restrictions before ordering any ammunition products. Secamus.com or Seller may request a copy of a valid State Identification for all ammunition orders. For safety reasons, ammunition sales are final and no returns can be accepted.

NO CHANGE ORDERS

All sales are final. No Seller is required to accept a change order once you have made your purchase and Seller has shipped the item(s).

ONLY A VENUE

You agree and acknowledge that we are not a seller, broker or distributor. The Site is only an advertising venue for the sale of firearms, accessories and related items by means of an electronic sales format. We are not involved in the actual transaction between you and Sellers, and we make no representation, and give you no assurance, that:

  • The persons using the Site (a) are not misrepresenting their identity, location or authority to enter into contracts, and (b) are of legal age and capacity to enter into contracts.
  • A Seller placing an item on the Site is able to or will complete the sale of the item or deliver the item to you.
  • A Seller has truthfully and accurately described an item placed on the Site.
  • An item listed for sale on the Site exists, or is (a) safe, (b) of any particular quality, (c) non-infringing with regard to the intellectual property rights of any person or entity, or (d) free from liens, encumbrances or contractual claims attributable to seller, or that an item may be legally sold by the Seller.
  • An item listed for sale on the Site is free from defects.
  • The sale and transfer of an item complies with any or all applicable legal requirements for the sale, transfer and transport of that item, including but not limited to statutes, regulations or requirements of any country, state, locality, province, municipality or other government authority or regulatory entity regarding sales or auctions, the sale and/or transfer of any item (including firearms, ammunition, black powder or any other item), export or import control, taxation, duties or tariffs, presence or licensing of Sellers.

U.S. REQUIREMENTS

You additionally warrant that you are familiar with the U.S. statutes and regulations governing export controls, sanctions and embargoes, and you additionally agree that: (1) you are not a national of or located in any country embargoed by the United States, and (2) you are not on the Excluded Parties List System, the Specially Designated Nationals List, or the Denied Persons List, and you are not listed on any other lists maintained by the U.S. Federal government which prohibits or restricts participating in commercial or other transactions, and you are not using or accessing the Site on behalf of a party who is on any such lists.

TAXATION

You agree that Secamus.com bears no responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Site by any jurisdiction having taxing authority over the sale or transaction. You agree that you are responsible for, and will indemnify Secamus.com against, any liability for any sales/use, VAT or similar transaction tax that is or may be assessed by any jurisdiction with respect to the fees charged to Sellers by us. You agree to defend, indemnify and hold Secamus.com harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted on the Site, except taxes imposed on or measured by our income or net worth.

RELEASE

You acknowledge and agree that we do not take title to or possession of any item being sold on the Site, and we are not a principal in the transactions on the Site, nor are we your agent or an agent of any Seller or other buyer. Because we are not and cannot be involved in dealings between users of the Site, in the event that you have a dispute with a Seller, you hereby release us, our directors, officers, employees and agents from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

WE ARE NOT THE SELLER; TRANSFER OF TITLE

We do not transfer legal ownership of items from the Seller to the buyer, and nothing in the Terms and Conditions shall modify the governing provisions of Georgia Uniform Commercial Code § 11-2-401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to you by the Seller. You will become the item's lawful owner upon physical receipt of the item from the Seller, in accordance with governing law cited above.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF SECAMUS.COM, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “SECAMUS.COM PARTIES”) can be held liable or responsible for any physical injury, death or property damage resulting directly or indirectly from either the intentional or unintentional use of any products purchased or received through the Site. NO Seller, NOR any of A Seller’s affiliated entities, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, can be held liable or responsible for any physical injury, death or property damage resulting directly or indirectly from either the intentional or unintentional use of any products purchased or received through the Site.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF SECAMUS.COM PARTIES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE SITE, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE SITE (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE SECAMUS.COM PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE DATE ON WHICH YOU GAVE US PROPER WRITTEN NOTICE OF YOUR CLAIM OR (B) US$100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF OUR WILLFUL OR INTENTIONAL MISCONDUCT.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SITE AND THE SERVICES ON THE SITE ARE ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICES, INCLUDING ALL CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE SITE.

INDEMNIFICATION

You shall indemnify, defend and hold the Secamus.com Parties harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by a Secamus.com Party in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by a third party using your log-in: (a) any breach or violation of the Terms and Conditions, (b) any use of the Site, (c) a dispute with another user, (d) any violation of any applicable law or regulation governing Your (or such third party’s) activities on or off of the Site, or (e) the infringement of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

CHOICE OF LAW

The Site is controlled, operated and administered by Secamus.com, LLC, which is based within the United States. We make no representation that functions or information found at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the information found on or at this Site in violation of U.S. or other export laws and regulations. If you access this Site from a location outside of the U.S., you are responsible for compliance with all laws applicable to you. The Terms and Conditions, all matters arising from or relating to the your use of the Site, and any and all claims arising out of your relationship with the Secamus.com Parties shall be governed by and in accordance with the laws of the State of Georgia, excluding (i) its conflicts of laws provisions, (ii) the United Nations Convention on Contracts for the International Sale of Goods, and (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended.

DISPUTE RESOLUTION

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE. Notwithstanding the foregoing, Secamus.com reserves the right to institute proceedings in any jurisdiction in order to (i) obtain interim or provisional relief pending resolution of a dispute; or (ii) collect from you any monies due under the Terms and Conditions or under an award of the court described above. You may not bring any action arising out of the Terms and Conditions or your use of the Site, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). In the event that you bring an action in an improper forum or outside of the time limit in violation of this section, Secamus.com shall be entitled to recover from you its reasonable attorney’s fees in responding to such action.

NOTICES

Except as explicitly stated otherwise, any notices you send to us shall be given by means of our electronic support system located at http://www.secamus.com/help.php?section=contactus, or, in the case notices we send to you, to the email address or street address listed in your user information in your account. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing.

ELECTRONIC EXECUTION

Your electronic acceptance of the Terms and Conditions on the web site on which it is displayed shall constitute your acceptance of all terms and conditions of the Terms and Conditions and such acceptance shall have the same legal force and effect as if you had physically signed such agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under the Terms and Conditions.

GENERAL PROVISIONS

If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions, including any other applicable terms and conditions or rules that govern your use of individual services, which are either incorporated herein by specific reference or posted on the Site from time to time, comprises the entire agreement between you and Secamus.com and supersedes all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein (including any prior user agreement for the Site). All provisions in the Terms and Conditions regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms and Conditions. The titles and headings contained in the Terms and Conditions are used for convenience only and are not intended to affect the meaning or interpretation of the Terms and Conditions. The Terms and Conditions are binding upon and inure to the benefit of the respective successors and assigns of the parties, but you may not assign the Terms and Conditions to any person or entity without our prior written consent, and any such assignments made without consent shall be null and void. The Terms and Conditions are solely for the benefit of Secamus.com, its affiliates, Sellers, and you, and shall not be construed for the benefit of any third party.

Terms & Conditions: last updated August 25, 2011