1. Applicable Law:
1.1 All auctions conducted by SA Gun Auctions are governed by the laws of the Republic of South Africa. 1.2 The Firearms Control Act 60 of 2000 applies.
1.3 These auction rules comply with Section 45 of the Consumer Protection Act 68 of 2008 (CPA) and Section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 (ECTA).
1.4 Section 44(1) of the ECTA, which provides for a cooling-off period, does not apply to online auctions. 1.5 The Auctioneer acts as agent for both the Purchaser and Seller in terms of Section 54 of the Value-Added Tax Act 1991 for invoicing and applicable transport/insurance arrangements.
1.6 All users must comply with all applicable local, provincial, and national laws and regulations governing firearms.
2. Registration:
2.1 Any individual or entity wishing to participate in the auction must first register online as a bidder and upload the required FICA documentation during the registration process. This includes a clear copy of a South African ID book or ID card, as well as proof of address (a utility bill reflecting the current residential address, not older than three months). If your address changes, it is your responsibility to notify us.
2.2 The online auction service is available only to legal and natural persons who are able to enter into a legally binding contract under the laws of South Africa. Without limiting the generality of the foregoing, the auction services are not available to minors. All Buyers and Sellers must be at least 18 years of age.
2.3 Any person registering as a bidder online is deemed to be the principle contracting party and no person will be allowed to register as an agent of a third party unless with the consent of the Auctioneer.
2.4 By registering online as a bidder, the bidder consents to the collection and use of personal information by the Auctioneer for the purposes of creating the registration, and participation in the online auction. 2.5 Where the bidder is a company, the person completing the online registration must be duly authorised by resolution of the company to register as a purchaser and shall send us a certified copy of the resolution, if requested. (For purposes of this rule any reference to a company will include any reference to juristic person including partnerships, trusts or incorporated entities).
2.6 Once registered, bidders must keep their account details confidential and must not permit third parties to use or access their account, as purchasers will remain liable for all bids entered via their account online. 2.7 You must provide accurate, complete, and up-to-date personal information during registration. All information supplied by Buyers and Sellers to SA Gun Auctions must remain current, complete, and truthful at all times.
2.8 You may not use fake or fraudulent details to create an account to gain access to any function that SA Gun Auctions offers on this site.
2.9 Users agree not to use any device, software, or routine to interfere with, or attempt to interfere with, the proper functioning of any transaction conducted on or during any sale.
2.10 During registration, you may be required to provide proof of your legal eligibility to own firearms. 2.11 The Auctioneer reserves the right to reject a registration online or may withdraw permission for the use of the online auction service for whatever reason before or during the sale.
2.12 SA Gun Auctions may, at its sole discretion, require Buyers to pay a deposit before being permitted to place a bid or make a purchase.
3. Pre-inspection of goods:
3.1 Once a firearm / item has been entered into the auction, it may not be withdrawn nor be advertised anywhere else. The product is not allowed to get sold before the auction. Should the seller not adhere to the above, a fine of 15% (fifteen percent) of the purchase or reserve price will be payable to the Auctioneer.
3.2 Bidders wishing to inspect the lots to be presented at the auction may do so either online or in person at the seller’s premises, at a time and date arranged prior to or during the auction. Such requests should be made well in advance. Do not place a bid and then, after the auction, inspect the items and claim dissatisfaction with their condition. If you place a bid, you will remain liable for payment regardless.
3.3 All lots are sold “voetstoots” and the purchasers do not enjoy the protection of Section 55 and 56 of the Consumer Protection Act.
3.4 Any information provided regarding the authenticity, validity, authorship, period culture, source, provenance, rarity, condition, importance or historical value, is provided by the seller and any
misrepresentation by the seller is without the cooperation or knowledge of the Auctioneer. No warranty is given as to the accuracy of firearms or clarity of optics. Any right of recourse because of such misrepresentation shall be against the seller. It is the responsibility of the seller to ensure that SA Gun Auctions receives the correct information. SA Gun Auctions accepts no responsibility for incorrect information or incorrect photos provided by sellers.
3.5 The condition of the items and the information provided by sellers cannot be guaranteed. SA Gun Auctions accepts no liability for any lots purchased that are reproductions rather than originals.
3.6 The descriptions of items or lots displayed on the platform or in advertising prior to the auction are believed to be accurate. However, neither these descriptions nor any oral statements made by the Owner/Seller, SA Gun Auctions, or their employees regarding any item or lot shall be construed as a warranty, whether express or implied.
4. Bidding:
4.1 The auction shall take place at the date and time as advertised or published and will not be postponed or delayed enabling any member or group of the public to partake in the auction.
4.2 The auction could be subject to reserved prices settled by the sellers. The Auctioneer does not have to point this out prior to the sale of the said asset or lot. The Auctioneer reserves the right to open the bidding or to bid on the seller’s behalf in order to protect such reserve. If the reserve price is not met, the seller may, at their discretion, approve the sale to the highest bidder.
4.3 Should the Auctioneer become aware of any errors in advertising materials, auctions, or other publications— including these Rules of Auction—the Auctioneer will correct and, if necessary, amend such errors prior to or during the auction.
4.4 During a sale for which the bidder has registered, the bidder can bid for a lot by clicking on the bid button. 4.5 The online platform will automatically count down the time. If any bid is received within two minutes of a lot’s closing time, the lot will automatically stay open for bidding for a further two minutes and the
automated bid increments will be adjusted. This can continue until no bids are received within two minutes of closing for each lot.
4.6 The current bid will be displayed on the bidder’s screen during the sale.
4.7 Until the fall of the hammer as contemplated in section 45(3) of CPA, any bid may be retracted or declined by the Auctioneer if not compliant with the CPA or the regulations issued in terms thereof.
4.8 The bidder acknowledges that he/she is bidding at a live auction and agrees that each bid entered is binding even if submitted in error. The bidder accepts full responsibility for every bid submitted through his/her online bidding account. Bids cannot be retracted or cancelled once submitted. We have added an extra confirmation step before a bid is accepted by the system to prevent any accidental bids.
4.9 Each lot is regarded as a separate sale transaction.
4.10 The sale by auction is complete at the fall of the hammer or any other practice through which the Auctioneer recognises the highest bidder as the purchaser.
4.11 In the event of the highest bid being tied, the earliest bid received or recognised wins. Any further disputes between bidders will result in the lot being re-auctioned.
4.12 Bidding starting prices and increments goes on our own discursion.
4.13 If you place multiple bids on a lot where you are already the highest bidder, you cannot retract or cancel any of those bids, and the highest bid will remain valid.
4.14 When an auction closing time is specified, it means the auction will close starting from lot 1, with a two minute interval between the closing of each lot. All lots do not close simultaneously.
4.15 Failure to pay for items or lots purchased in this online sale will result in legal action against the buyer by the seller and/or SA Gun Auctions. Additionally, the Buyer will be prohibited from participating in future sales at the sole discretion of SA Gun Auctions. We reserves the right to hold and resell any asset or lot not paid for in full by the Buyer within the stipulated paying period. If it happens that the buyer does not pay and whether the transaction is cancelled for any reason, SA Gun Auctions cannot pay a seller and will attempt to resell item.
4.16 SA Gun Auctions may place bids on behalf of buyers upon receiving their instruction. The maximum bid amount must be clearly specified.
4.17 Bidders lacking the required competency or documentation will nevertheless remain liable for payment. 4.18 The transaction remains solely between the buyer and seller, and SA Gun Auctions cannot be held liable for the actions of either party.
4.19 You will receive a confirmation email if you are the winning bidder in an auction.
4.20 Lots that was not sold on auction can be negotiated after the auction.
5. Auction entries:
5.1 If your firearm licence has expired, we cannot auction your firearm unless it is held as dealer stock by a registered firearm dealer who is prepared to supply the necessary application documents for the firearm. 5.2 No ammunition or gunpowder may be sold separately on the platform. However, they may be included if sold together with a firearm as part of a complete package purchased by the buyer.
5.3 If there is any undisclosed defect or issue with the firearm or item you have entered for auction, and it was not mentioned in your description, the transaction may be cancelled, and the seller will be blocked from the platform. The seller will also be held liable for 15% of the selling or reserve price.
5.4 Please include clear, high-quality pictures showing all sides and any extras of your firearm or item. Buyers rely on these images when making their decisions, so provide as many photos as possible along with detailed descriptions of the telescope and accessories.
5.5 Estate weapons are welcome, provided the executor of the estate signs all required documents. 5.6 You may not enter any firearm or other item for auction on behalf of another person.
6. Firearm storage and Courier:
6.1 Firearms sold at auction may be stored as follows:
5.1.1The seller may store the firearm until the buyer receives their licence, at the buyer’s own risk. 5.1.2The firearm may be handed in to a registered firearm dealer for safekeeping until the licence is approved.
5.1.3The buyer may apply for a firearm storage permit, which must be approved by their Designated Firearms Officer (DFO). The buyer can then collect the firearm from the seller. The buyer must apply for the licence before collecting the firearm and provide the seller with proof of application. It is the buyer’s responsibility to apply for a transport permit if required. SA Gun Auctions cannot be held liable if the paperwork is not in order.
6.2 Seller self-storage is at the buyer’s own risk. We advise the buyer to draft a basic agreement for the seller to sign, ensuring all storage arrangements are properly documented. The buyer and seller should discuss and agree on the preferred storage option between themselves.
6.3 Firearm transfers must comply fully with all applicable South African laws and regulations. Buyers are responsible for fulfilling all legal requirements related to firearm ownership and transfer, including arrangements for courier services.
7. Payment:
7.1 As used herein, the term “bid price” shall mean the price at which a lot is knocked down by the auctioneer to a purchaser, and the term “purchase price” shall mean the bid price plus the buyer’s commission of 5% (five percent). We operate on a commission basis for both buyers and sellers. Buyers are liable for a 5% buyer’s commission, and sellers are liable for a 10% seller’s commission. Commission is only payable if the reserve price is met or if the seller accepts a lower offer than the reserve price meaning if the transaction goes through SA Gun Auctions commission will be payable.
7.2 All auction sales are payable by electronic funds transfer (EFT) within 48 hours of invoice receipt, unless otherwise specified. Payment for listings or direct sales is due within 12 hours of invoice receipt. 7.3 No cash deposits will be accepted by the auctioneer. All payments are to be made by means of an EFT. 7.4 Should the purchaser not pay the purchase price within the stipulated timeframe and has failed to make arrangements for payment with the Auctioneer, then the Auctioneer is entitled to, after having notified the PURCHASER in writing, per email or overnight courier, to remedy the breach of contract within 7 (seven) days from the date of such request and may without prejudice to the Auctioneer’s other rights: 7.4.1 cancel the sale and treat the assets or lots as unsold lots which may again be presented on an auction for sale or be sold out of hand by means of liaison services, depending on the seller’s mandate to the auctioneer; or cancel the agreement and to receive and or to retain as roukoop, or as a genuine estimate of damage or because of any pending ruling to be made by a court of the real damage that has been suffered, any money already paid by the PURCHASER; or alternatively. 7.4.2 cancel the agreement and claim a fine in the amount of 15% (fifteen percent) of the bid price and all legal fees on a scale as between Attorney-and-own client scale from the PURCHASER
7.4.3 to insist on specific performance by the PURCHASER of their obligations in terms of this agreement and to claim compensation and all legal fees on a scale as between Attorney-and-own client scale from them.
7.5 Both the Seller and the Purchaser consent to the jurisdiction of the Magistrate’s Court as contemplated in Section 45 of Act 32 of 1944 having regard to any action which the Auctioneer may institute against the
purchaser or seller irrespective of the cause of action. Notwithstanding the aforesaid the Auctioneer will have the sole and absolute discretion to institute action in any High Court with appropriate jurisdiction. 7.6 No payment plans are available; full payment is required within the specified timeframe. 7.7 Payment will be made upon confirmation from the buyer that all paperwork and arrangements for the purchased lot are in place. If the buyer instructs us that everything has been received and we proceed to pay the seller, SA Gun Auctions cannot be held liable for any outstanding issues on the part of the seller. 7.8 Firearms that are handed in will be paid for as soon as the firearm is received, all paperwork is provided, and the buyer has confirmed with the dealer. If additional items need to be couriered along with the firearm, payment will only be made once the buyer has received these items.
7.9 The seller is responsible for providing accurate banking details. SA Gun Auctions will not be liable for any losses resulting from payments made to incorrect accounts due to incorrect information supplied by the seller.
7.10 Payments to sellers will be made daily between 20:00 and 23:00, provided the buyer has made the necessary arrangements. Please refrain from requesting alternative payment times.
7.11 Firearm paperwork will be provided to the buyer only once the funds have been received in our bank account, not upon receipt of proof of payment. Items requiring courier delivery will be dispatched only after payment has been confirmed in our account.
8. Ownership and licencing and delivery/collection:
8.1 Ownership in the lot or assets will remain that of the seller until the purchase price has been paid in full to the seller and the licence has been approved for the specific item / firearm.
8.2 The sale of all lots and assets is subject to confirmation, meaning the owner or auctioneer must accept or reject the bid after the auction concludes. Once you receive an email stating that you have won the lot, this will serve as confirmation that your bid has been accepted.
8.3 Collection of any assets or lots will not be allowed until payment of the purchase price by the purchaser or acceptable arrangements for payment thereof have been made by the purchaser with the seller. 8.4 Under no circumstances shall any lot requiring SAPS licensing be released to any person or body not duly authorised to be in legal possession of said lot, and unless all monies due have been settled in full and in accordance with the terms and conditions contained herein.
8.5 It is recorded that that the purchaser is deemed to have assumed full liability for ownership and payment in accordance with the terms and conditions contained herein irrespective of the granting or not of a South African Police Service licence or permit for possession of the said lot.
8.6 All lots requiring licences shall be retained by the Seller pending proof of issuance of said licences. Should a licence for any lot, for any reason whatsoever, be declined, the purchaser may require the Auctioneer or a registered arms and ammunition dealer of the purchaser’s choice to resell such lot on the purchaser’s behalf. Such sale shall be concluded against the prevailing terms and conditions of the chosen dealer at time of resale and, irrespective of the Auction purchase price, at the price determined in agreement with the auction purchaser and the dealer.
8.7 It is specifically noted that the Auctioneer may in no way be liable for a shortfall if any, between the auctions purchase price and the resale price.
8.8 After the auction, the buyer will receive the seller’s contact details. No direct contact details of sellers will be provided to buyers before payment; all negotiations must be conducted exclusively through SA Gun Auctions.
8.9 The Auctioneer is not responsible for failed deliveries or for transport or costs of transport of any items sold on auction. It is the buyer’s responsibility to get in touch with the seller and to arrange transportation, the cost of which is for the buyer unless otherwise specified.
8.10 Buyers is liable for storage fees and courier cost, if the firearm is stored at a dealer.
8.11 All paperwork and sold items must be sent or couriered to the buyer within 5 days, unless alternative arrangements are agreed upon between the buyer and seller.
8.12 All firearm buyers must apply for their licence within a reasonable time, preferably within two weeks of purchasing the firearm.
8.13 The Buyer shall not be entitled to cancel the sale as a result of there not being timeous delivery or signature of the required documents. The Buyer irrevocably waives his rights in this regard.
8.14 We cannot be held responsible for dealers who may request storage fees in advance or wish to place the firearm on dealer stock, nor can we make changes on their behalf.
8.15 It is the BUYER’S responsibility to contact the dealer where the firearm was handed in, confirm that it is the correct rifle with all advertised extras, provide your details, and inform us accordingly.
8.16 We cannot be held liable if a firearm is placed in dealer stock and sold by the dealer. Please ensure you obtain the necessary documentation proving that you are the owner of the firearm stored with the dealer.
9. Limitation of Liability:
9.1 Notwithstanding section 43 of ECTA, under no circumstances will SA Gun Auctions, its officers, directors, employees, or agents be liable for any loss or damage caused by:
9.1.1 By being exposed to information contained on the site, or
9.1.2 The defamatory, offensive, or illegal conduct of other users or third parties, or
9.1.3 The use or inability to use the website or the services or content provided from or through the website, or
9.1.4 Any disruption in the internet connection resulting in the bidder being disconnected from the online auction for whatsoever reason, or
9.1.5 The failure to record a bid because of being disconnected or the online platform going offline during the auction process.
10. Risk:
10.1 Risk in respect of firearms transfers to the buyer only once the buyer’s licence has been approved in the case of a private sale. When the firearm is held as dealer stock, the risk does not lie with the seller. Please familiarise yourself with the risks and storage options related to your firearm when it is sold.
10.2 Risk for items other than firearms passes to the buyer as soon as the items are received and the seller has been paid. We strongly encourage sellers to take clear pictures and videos showing the date and time, as well as the condition of the items when sent, to prevent disputes if the items are received in a different condition than sold. It is also the seller’s responsibility to arrange courier insurance if they wish. Any items damaged during courier delivery will be returned to the seller at the purchaser’s cost, and the buyer’s payment will be refunded minus a 10% commission.
10.3 PLEASE NOTE: If a buyer’s firearm licence application is declined, the buyer will remain the legal owner of the firearm. The buyer may choose to place the firearm on dealer stock or sell it elsewhere, as it remains their property and they have the right to decide where to sell it.