Terms of Use

1.1 The Site is an online classified-advertising service. Independent sellers, principally federally licensed firearms dealers (“Dealers”), post advertisements (“Listings”) for firearms and related items they own. Visitors and registered users (“Buyers”) view Listings and may contact the seller directly by the phone number, email address, street address or on-site message feature the seller chooses to display.

1.2 GunMister is a venue only. GunMister is not a party to, agent for, broker of, or guarantor of any sale, and is never involved in any transaction between a Buyer and a seller. GunMister does not own, hold, inspect, ship, deliver, transfer or take title to any item; does not take, hold, process or refund any payment; does not select, book or verify any Federal Firearms Licensee; does not perform background checks; and does not verify the identity, age, licence status, eligibility or legal capacity of any user. Any sale that results from a Listing is made solely between the seller and the Buyer, on terms they agree between themselves, outside the Site.

1.3 GunMister is not a federal firearms licensee and keeps no firearms records. Nothing on the Site is legal advice.

2.1 You must be at least 18 years old and located in the United States to use the Site. By using the Site you represent that this is true.

2.2 You may not use the Site if you are prohibited by federal or state law from possessing or receiving firearms or ammunition, or if we have previously suspended or terminated your account.

2.3 You are responsible for everything done under your account and for keeping your password confidential. One person, one account; a Dealer may hold one account per licensed location.

3.1 Federal, state and local laws govern the sale, purchase, shipment, transfer and possession of firearms, ammunition, magazines and related items, and they differ by state and city. You are solely responsible for knowing and complying with every law that applies to you, including without limitation the Gun Control Act (18 U.S.C. § 921 et seq.), the National Firearms Act, and the laws of your state and locality, and any licence, permit, waiting period, background check, age requirement, registration or transfer requirement they impose.

3.2 A firearm may not be transferred to a resident of another state except through a Federal Firearms Licensee in the recipient's state. Sellers on the Site are responsible for completing every transfer lawfully, including ATF Form 4473 and any required background check, in person or through a receiving licensee chosen by the Buyer.

3.3 You will not use the Site to buy or sell a firearm for a person who is prohibited from possessing one, or on behalf of another person (a “straw purchase”), or to evade any law. If we become aware of apparent unlawful activity we may remove content, suspend accounts and refer the matter to law enforcement without notice to you. Suspected illegal firearms activity may be reported to ATF at 1-800-ATF-GUNS.

3.4 If you are unsure whether a sale or transfer is lawful, consult an attorney or the ATF before proceeding.

3.5 If you are not a Federal Firearms Licensee, you may sell only firearms you personally and lawfully own, only as a private individual and not as a business, and only in a manner that is lawful in your state and the Buyer's state. You alone are responsible for confirming that you are legally permitted to sell the item, that the Buyer is legally permitted to receive it, that any required licensee, background check, waiting period, record or form is used, and that the transfer is completed lawfully. GunMister does not check any of this for you, does not verify the licence status of any user, and accepts no responsibility for any sale or transfer by a seller who is not a licensee.

4.1 Any registered user may post Listings. A registered user who is not a Dealer may post a Listing only for a firearm they personally and lawfully own, and must complete any sale in compliance with section 3, including through a licensee where the law requires it. A seller who is not a licensee is solely responsible for the legality of every sale and transfer they make; GunMister is not.

4.2 By posting a Listing the seller represents that: (a) the seller lawfully owns the item or is authorised to sell it; (b) the item is not stolen and its serial number is intact and unaltered; (c) the description, photographs and price are accurate and the item is as described; (d) the item is lawful to sell in the seller's state; (e) the price stated is the seller's own asking price; and (f) the seller will complete any sale in compliance with section 3.

4.3 Every Listing must be for one item, listed once, in the correct category, and must comply with the Listing Rules and Prohibited Items, which form part of these Terms.

4.4 Our software may suggest a make, model, caliber, serial-number date or description from the photographs a seller uploads. These suggestions are automated and may be wrong. The seller must review and confirm every field before publishing and is solely responsible for the accuracy of the Listing. GunMister makes no representation about the identity, condition, authenticity, value or legality of any item, whether or not a Listing carries an automated suggestion, score or badge.

4.5 A seller may add their own terms of sale to a Listing. Those are the seller's terms, not GunMister's. They cannot override these Terms or any law.

4.6 We may review, edit, decline, delay or remove any Listing or content at any time for any reason and without notice. We are not obliged to review any Listing and our review, or a badge or label on a Listing or account, is not a verification, endorsement or guarantee of anything.

5.1 A Listing is an advertisement, not an offer capable of acceptance on the Site. Contacting a seller creates no contract with GunMister. Any purchase is made directly with the seller.

5.2 Buyers deal with sellers at their own risk. Before paying anything, satisfy yourself as to the seller's identity, the item, and the lawful transfer path. GunMister recommends paying only at, or through, the licensed dealer's own place of business or ordinary business channels, and never sending money to a person you have not verified. GunMister provides no escrow, payment protection, refund, dispute resolution or guarantee of any kind.

6.1 The Site lets registered users send messages to sellers. Messages may be used only to enquire about a Listing. We may store, review and disclose messages to enforce these Terms, respond to legal process, or protect users and the public.

6.2 A seller who enters contact details on their storefront consents to those details being displayed publicly on their Listings and storefront page.

6.3 You may not use contact details obtained from the Site for any purpose other than enquiring about a Listing, and you may not collect, scrape or republish Site content or user details.

You will not: post anything unlawful, misleading, defamatory, threatening or infringing; post a Listing for a prohibited item; advertise “no paperwork”, “no FFL”, “cash and carry no questions” or any other evasion of transfer law; harass any user; pose as another person or business; post spam or advertising for other businesses; use bots, scrapers or automated tools; interfere with the Site's operation; or attempt to circumvent any control on the Site.

Use of the Site is free at present. We may introduce fees for Listings, placements or Dealer services in future on at least 30 days' notice on the Site. No fee will be charged for any transaction between a Buyer and a seller, because GunMister is not part of any transaction.

9.1 You keep ownership of the text and photographs you post. You grant GunMister a non-exclusive, worldwide, royalty-free licence to host, store, display, reproduce, adapt and distribute that content for the purpose of operating, promoting and improving the Site and its features, including the automated identification tools described in section 4.4. This licence continues after a Listing ends to the extent the content has been incorporated into the Site's records or improvement of its tools.

9.2 You represent that you have the right to post everything you post and that it does not infringe anyone's rights.

If you believe content on the Site infringes your copyright, send a notice under 17 U.S.C. § 512(c)(3) to our designated agent: GunMister LLC, 1199 N Beneva Road, Sarasota, FL 34232, copyright@gunmister.com. Include the work claimed to be infringed, the URL of the material, your contact details, a statement of good-faith belief, a statement under penalty of perjury that the notice is accurate and that you are authorised to act, and your physical or electronic signature. We will remove or disable access to material identified in a valid notice and may terminate repeat infringers. Counter-notices may be sent to the same address.

The Site, its software, design, name and logo belong to GunMister or its licensors. You may use the Site only as these Terms allow. You may not copy, modify, reverse engineer or create derivative works from any part of the Site.

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. GUNMISTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND UNINTERRUPTED OPERATION. GUNMISTER MAKES NO WARRANTY ABOUT ANY LISTING, ITEM, SELLER, BUYER OR TRANSACTION, INCLUDING THE IDENTITY, CONDITION, SAFETY, AUTHENTICITY, VALUE OR LEGALITY OF ANY ITEM, OR THE ELIGIBILITY OR CONDUCT OF ANY USER.

TO THE FULLEST EXTENT PERMITTED BY LAW, GUNMISTER AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, OR FOR ANY BODILY INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THE SITE, ANY LISTING, ANY ITEM, OR ANY DEALING BETWEEN USERS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY. GUNMISTER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID GUNMISTER IN THE TWELVE MONTHS BEFORE THE CLAIM AND ONE HUNDRED DOLLARS ($100). SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You will defend, indemnify and hold harmless GunMister and its members, managers, employees, contractors and licensors from any claim, loss, liability, damage, cost and expense (including reasonable attorneys' fees) arising out of or relating to your content, your Listings, your use of the Site, any transaction you enter into with another user, your violation of these Terms, or your violation of any law or any right of another person.

You may close your account at any time. We may suspend or terminate your account or access to the Site at any time, with or without cause or notice. Sections 3, 9, 12, 13, 14, 16, 17 and 18 survive termination.

These Terms are governed by the laws of the State of Florida without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Sarasota County, Florida, and you consent to their jurisdiction and venue. Any claim must be filed within one year after it arises or is barred.

We may change these Terms by posting a revised version on the Site with a new effective date; material changes will be notified by email or on-site notice at least 14 days before they take effect, and continued use after that date is acceptance. If any provision is unenforceable, the rest remains in effect. These Terms are the entire agreement between you and GunMister about the Site. We may assign these Terms; you may not. Notices to us: legal@gunmister.com or the postal address above. GunMister, gunmister.com and the GunMister logo are trademarks of GunMister LLC. References to “Luxus”, “LuxusBids” or “luxusbids.com” in older materials refer to the same service before its renaming.

18.1 By submitting the Dealer Early Access form at /dealers you expressly consent to receive promotional email messages from GunMister about the platform, early access and related topics. That consent is recorded in our systems with the exact text you agreed to, the date and time, your IP address and the version of the consent in effect at submission. You may withdraw this consent at any time by clicking the unsubscribe link in any promotional email from GunMister or by emailing support@gunmister.com.

18.2 If you tick the call opt-in checkbox on the Dealer Early Access form, you separately consent to receive a single introductory telephone call from GunMister at the number you provide. You may revoke this consent at any time by emailing support@gunmister.com.

18.3 If you tick the SMS opt-in checkbox on the Dealer Early Access form, you separately consent to receive recurring automated promotional text messages from GunMister at the mobile number you provide. Consent to receive text messages is not a condition of joining the early-access list or of any other service or benefit. Message and data rates may apply. Message frequency varies. Reply STOP to cancel; reply HELP for help. You may revoke SMS consent at any time by replying STOP or by emailing support@gunmister.com.

18.4 GunMister will not sell, rent or share your email address or telephone number with any third party for their independent marketing purposes.

18.5 Promotional emails sent by GunMister comply with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.) and will include a physical postal address and a working one-click unsubscribe mechanism. Promotional text messages comply with the Telephone Consumer Protection Act (47 U.S.C. § 227). California residents have additional rights under the California Privacy Rights Act; see our Privacy Policy.

18.6 To remove your email address from all promotional communications send a request to support@gunmister.com or use the unsubscribe link in any promotional email from GunMister. Removal from promotional communications does not affect transactional or account-service messages if you hold an account with us.