Legal
Terms of Service
Last updated: January 1, 2025 • Effective: January 1, 2025
These Terms of Service (“Terms”) govern your access to and use of the GunMister platform, website, and services (“Services”) operated by Luxus, Inc. (“GunMister,” “we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.
1. Acceptance of Terms
By creating an account, listing a firearm, placing a bid, or otherwise accessing our Services, you confirm that you have read, understood, and agree to these Terms, as well as our Privacy Policy and any additional guidelines or rules we may publish. These Terms constitute a legally binding agreement between you and Luxus, Inc.
We reserve the right to modify these Terms at any time. Continued use of the Services following notice of changes constitutes acceptance of the revised Terms. We will notify registered users of material changes via email or platform notification.
2. Eligibility
You must meet all of the following requirements to use GunMister:
- You must be at least 18 years of age. GunMister does not knowingly permit access by anyone under 18.
- You must be a legal resident of the United States with a valid U.S. address.
- You must not be prohibited from purchasing, possessing, or transferring firearms under federal, state, or local law.
- You must not be under any court order, conviction, or indictment that prohibits firearm ownership.
- If acting as a seller, you must have the legal right to transfer the specific firearm(s) you list.
By using our Services, you represent and warrant that you meet all eligibility requirements. GunMister reserves the right to terminate accounts and reverse transactions where eligibility cannot be verified or has been misrepresented.
3. Account Registration
You must register for an account to list items, place bids, or access certain features. When registering, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You may not create accounts for others, share accounts, or use automated means to create accounts. GunMister reserves the right to suspend or terminate any account at its sole discretion, including for violations of these Terms or applicable law.
Identity verification may be required before you can list firearms or receive payouts. GunMister uses third-party identity verification services, and your information is handled in accordance with our Privacy Policy.
4. Listings & Sales
Sellers are solely responsible for the accuracy, legality, and completeness of all listing information. All listings must comply with applicable federal, state, and local laws. By creating a listing, you represent that:
- You are the lawful owner of the item or are legally authorized to sell it.
- All information provided in the listing is accurate and not misleading.
- The item is legal to sell, transfer, and ship under applicable law.
- You will complete the sale through a properly licensed FFL dealer where required.
- You have disclosed all known defects, modifications, and relevant history of the item.
GunMister acts solely as a marketplace platform connecting buyers and sellers. We are not a party to any transaction and do not take title to any firearm. The contract of sale is between buyer and seller.
5. FFL Requirements
Federal law requires that transfers of firearms between non-licensed individuals across state lines, and many in-state transfers, be conducted through a Federal Firearms Licensee (FFL). It is the sole responsibility of the buyer and seller to ensure compliance with all applicable transfer laws.
- Buyers must arrange for receipt of any shipped firearm through a licensed FFL dealer in their state.
- Sellers must ship firearms only to a verified FFL dealer, never directly to a buyer.
- Both parties must complete all required ATF paperwork, including Form 4473 where applicable.
- Use of our FFL Finder tool is provided as a convenience only; GunMister makes no guarantee as to the accuracy or status of any listed FFL dealer.
- Any transaction conducted in violation of federal firearms transfer requirements is the sole legal responsibility of the parties involved.
GunMister reserves the right to require proof of FFL compliance before releasing any payment to a seller.
6. Prohibited Items
The following items may not be listed or sold on GunMister under any circumstances:
- Any firearm that is stolen, illegally manufactured, or has an obliterated serial number.
- Unregistered NFA items (machine guns manufactured after May 19, 1986, short-barreled rifles, suppressors, destructive devices, or any other weapon) without proper licensing.
- Firearms with illegal modifications, including converted semi-automatic weapons.
- Any item prohibited by applicable federal, state, or local law in the jurisdiction of the buyer or seller.
- Counterfeit or fraudulently represented firearms or accessories.
- Items subject to export controls without appropriate licensing.
- Any item the seller does not have the legal right to transfer.
Violations of prohibited item rules will result in immediate listing removal, account suspension, and may be reported to law enforcement. GunMister cooperates fully with federal, state, and local law enforcement agencies.
7. Bidding Rules
All bids placed on GunMister are binding commitments to purchase at the bid price. By placing a bid, you agree that:
- You have the legal right and financial means to complete the purchase.
- You will pay the winning bid amount plus any applicable fees within 48 hours of auction close.
- Bid retraction is not permitted except in extraordinary circumstances at GunMister's sole discretion.
- Shill bidding, bid manipulation, or coordinated bidding is strictly prohibited.
- The highest bidder at auction close, subject to reserve price if applicable, wins the auction.
- GunMister may cancel bids placed by ineligible users or in connection with fraudulent activity.
Failure to complete a winning purchase may result in account suspension, negative feedback, and pursuit of any outstanding balance through collection means.
8. Fees & Payments
GunMister charges fees for the use of its marketplace Services. Current fee schedules are published on our website and may be updated from time to time with notice. Fees may include:
- Seller listing fees (flat rate or percentage of final sale price).
- Buyer's premium on auction transactions.
- Payment processing fees charged by our third-party payment processor.
- Optional promotional listing fees for featured or highlighted listings.
All payments are processed through GunMister's designated payment processor. Sellers will receive payment after the buyer confirms receipt and any applicable hold period has elapsed. GunMister reserves the right to withhold payment pending resolution of any disputes or compliance concerns.
9. Dispute Resolution
In the event of a dispute between a buyer and seller, GunMister provides a voluntary mediation process. However, GunMister is not obligated to resolve disputes and is not a party to transactions.
Binding Arbitration: Any dispute between you and GunMister arising out of or relating to these Terms or our Services that cannot be resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. You waive any right to participate in a class action lawsuit or class-wide arbitration against GunMister.
You may opt out of the arbitration agreement within 30 days of first accepting these Terms by sending written notice to legal@luxus.com. Opting out does not affect any other provision of these Terms.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GUNMISTER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL GUNMISTER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO GUNMISTER IN THE TWELVE MONTHS PRECEDING THE CLAIM.
GUNMISTER PROVIDES THE SERVICES “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11. Indemnification
You agree to indemnify, defend, and hold harmless Luxus, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your access to or use of the Services, your listings or transactions, your violation of these Terms, or your violation of any applicable law or the rights of any third party.
12. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware for resolution of such dispute.
13. Changes to Terms
GunMister reserves the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes by posting the revised Terms on our website and, for registered users, by email notification. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance.
14. Contact
If you have questions about these Terms, please contact us: