Store Policy

Bay State Surplus — Combined Terms of Sale, Shipping, Returns, and Privacy Policy

 

Thank you for choosing Bay State Surplus. This combined policy governs your purchase and use of our products and services, both in-store and online. Please read it carefully. By purchasing from us, you acknowledge and agree to the terms below. For any transaction, the policy in effect at the time of your purchase will govern that transaction. This policy does not waive or limit any rights that cannot be waived under applicable law.

 

• Who We Sell To and Compliance

• - Age and eligibility: You must meet all federal, state, and local requirements for the product you purchase (including minimum age, licensing, and permits). Firearms and regulated items will only be transferred in compliance with applicable law.

• - Massachusetts compliance: We operate in Massachusetts (MA) and adhere to all federal, state, and local laws. Certain items may be restricted or require specific conditions to sell, ship, or transfer. We reserve the right to refuse or cancel any order that is illegal to sell/ship/transfer to your jurisdiction or is otherwise non-compliant.

• - Customer responsibility: Laws change frequently. We work hard to keep listings accurate and compliant, but it is ultimately the buyer’s responsibility to ensure an item is lawful for them to purchase/possess in their jurisdiction. If we discover an order is not compliant, we will cancel it. See Refunds and Fees for the financial terms that apply.

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2. Payment Methods and Fees

 

• - Accepted payments: Cash, Money Order, Certified Cashier’s Check, and major Credit/Debit Cards (Discover, AMEX, Visa, Mastercard).

• Card processing fees:

  • In-store card payments may incur a processing fee (typically 3.5% + $0.35 per transaction).

  • Online card payments may incur a processing fee (typically 2.9% + $0.35 per transaction).

  • These rates are set by processors and may change; the rate in effect at the time of your payment applies and will be disclosed at checkout/in-store prior to charge.

 

• - Non-refundable processing fees: Card/payment processing fees are generally non-refundable and may be deducted from any refund or cancellation. For administrative simplicity, refunds/cancellations may be reduced by a standard 3.5% processing fee even if the original processor fee differed, except where prohibited by law or if Bay State Surplus made an error.

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• - Pricing and errors: We may correct pricing, description, inventory, or compliance errors. If we cancel due to our error, you will receive a full refund of amounts you paid, including any processing fees charged.

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3. Firearms Sales and Transfers

 

• - Firearms sales are final: All sales of new and used firearms are final and non-returnable. This does not limit any non-waivable rights you may have under applicable law. If you believe there is a defect, we will assist you in contacting the manufacturer for warranty support.

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• - Payment before background check: Firearm orders must be paid in full before we initiate any background check or transfer process.

 

• - Background checks and eligibility: All firearm transfers require successful completion of required background checks and compliance with all federal, state, and local laws.

  • If your background check is delayed or denied, we cannot transfer the firearm. See Cancellations, Returns, and Restocking for applicable fees.

 

• Transfers to FFL only: We only ship firearms to Federal Firearms License (FFL) holders. You are responsible for providing accurate FFL information. If an FFL refuses a transfer or the item is not compliant upon inspection, we will coordinate return/cancellation as permitted by law; related fees may apply (see Unapproved/Non-Transferable Items).

 

4. Shipping

 

Methods and timing:

 

• We offer 3-Day Ground and 1-Day Overnight shipping options where available.

• Normal processing time is within 24 hours, but during peak periods processing may take up to 7 days before shipment.

• Transit times are carrier estimates and not guaranteed by Bay State Surplus. We are not responsible for carrier delays once an item has shipped.

 

Signatures and delivery:

 

• Firearms ship only to FFLs and typically require adult signature upon delivery to the FFL.

• We recommend trackable, insured shipping for returns. Risk of loss for returns remains with the customer until delivered to us (proof of delivery required).

 

• Shipping costs:

• Shipping costs are non-refundable, except when due to our error (wrong item shipped) or as required by law.

  • If we shipped the wrong item or an item arrives defective and is returned in completely original/unchanged condition with all original packaging and contents, we will pay reasonable return shipping, but must receive reasonable evidence.

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5. Cancellations, Returns, Exchanges, Restocking, and Fees General rules

 

• Restocking fee: All canceled and returned orders will be charged a 15% restocking fee, except where prohibited by law or when Bay State Surplus is at fault (e.g., our listing error, wrong item shipped).

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• Non-refundable processing fees: Payment processing fees are non-refundable and may be deducted from refunds/cancellations (see Payment Methods and Fees). This applies even when an item is later found to be non-compliant, except where prohibited by law or if the non-compliance is due to our error.

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• Initiating a return/cancellation: You must contact us for authorization within the applicable window and receive instructions before returning any item. Unauthorized returns may be refused and returned at your expense.

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Firearms (all sales final)

 

• All firearm sales (new and used) are final and non-returnable. If you believe a firearm is defective:

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Ammunition and ammunition components (all sales final)

 

• For safety reasons, all ammunition and ammunition component sales are final and non-returnable.

• If you suspect ammunition is defective, contact the manufacturer directly. Ammunition that does not function properly in your specific firearm does not necessarily indicate a defect.

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Accessories

 

• Opened/installed accessories: Merchandise that has been opened from original manufacturer packaging or installed/used will not be accepted for return. If a defect is discovered after opening or installation, contact the manufacturer directly for warranty service.

• Unopened accessories: If the accessory is unopened in the original packaging and returned within 7 days of purchase/delivery (as applicable), we will, at our discretion, exchange it or issue store credit. A 15% restocking fee applies to returns; shipping costs are non-refundable. We may waive fees if the return is solely due to our error.

• Condition: All accessories must be returned in the same exact condition sold, with all originally included contents, packaging, manuals, and parts.

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Special orders and third-party shipments

 

• Items specially ordered for you or shipped from third parties may be non-returnable. If returnable, or cancelled/refunded, the 15% restocking fee applies and shipping is non-refundable.

 

Non-compliance, denied transfers, and background check outcomes

 

• Non-compliant orders (customer responsibility): If you purchase an item and it is later determined to be non-compliant for you or your jurisdiction, we will cancel the order. Refunds will be processed less the 15% restocking fee, less shipping, and less a non-refundable processing fee (typically 3.5%), except where prohibited by law. If the non-compliance is due to our listing error, we will issue a full refund of amounts paid (no restocking or processing deductions).

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Background check denials or cancellations:

 

• If you are denied or cancel due to background check delay or other eligibility issues, your order will be canceled and a 15% restocking fee will apply, plus non-refundable processing fees and any applicable shipping already incurred. Where we have performed transfer/background services, a standard $45 transfer/processing fee may also be charged.

• If prohibited by law from charging certain fees in your circumstances, we will comply with the law.

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Unapproved/non-transferable items at FFL:

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•  If an FFL determines the item is not compliant or cannot be transferred, the agreed transfer fee still applies. If the firearm must be returned to the original source and that is possible, a $25 handling fee plus return shipping will be charged. Restocking and processing fees as above may also apply unless prohibited by law. Wrong item or defective on arrival (non-firearm)

• If we ship the wrong item, or a non-firearm item arrives defective and it is returned in completely original/unchanged condition with all packaging and contents:

• We will cover reasonable return shipping; and

• We will exchange or refund in full at your option (no restocking fee and no deduction of processing fees).

• This does not apply to ammunition (all sales final) or to items altered/used/installed by the customer. For opened accessories with defects, contact the manufacturer for warranty.

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Return windows

 

• In-store purchases: Contact us within 7 days of purchase for any eligible accessory return (unopened only). Firearms and ammunition: all sales final.

• Online purchases: Contact us within 7 days of delivery for any eligible accessory return (unopened only). Firearms and ammunition: all sales final.

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Refund timing and method

 

• Refunds are typically processed within 7–14 business days after we receive and inspect the return.

• Refunds are issued to the original form of payment where possible. Processing times depend on your bank/processor.

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6. Storage of Firearms and Retention Fees

 

• Storage fee: Firearms left at our store for over two (2) weeks after you are notified they are ready for pickup may incur a storage fee of $15 per week.

• Exceptions: No storage fee applies where a longer retention period is pre-arranged for services (e.g., gunsmithing or custom work).

• Notifications: We will notify you in writing when a firearm remains in our store past the initial two-week period. A courtesy reminder will be provided before charges are applied.

• Payment: Storage fees must be paid in full before release of the firearm.

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7. Privacy and Data Security

 

• What we collect: Depending on your interactions, we may collect identifiers (name, address, phone, email), payment information (processed by third parties; we do not store full card numbers), government-issued identification and licensing information as required for firearm and ammunition sales, order details, shipping information, and technical data (IP address, device/browser info, cookies/analytics).

• Purpose of collection: To process and fulfill orders; verify eligibility and perform legally required checks; prevent fraud; comply with legal obligations; provide customer service; improve our website and services; and maintain records as required by law.

• Legal compliance: We strictly comply with federal, state, and local laws governing firearm transactions and recordkeeping.

• Sharing: We share personal information with service providers (e.g., payment processors, shipping carriers), FFLs for transfers, and government authorities as required by law (e.g., background check agencies, law enforcement). We do not sell your personal information.

• Security: We use industry-standard administrative, technical, and physical safeguards, including encryption where appropriate. No security system is impenetrable, and we cannot guarantee absolute security. We are not liable for unauthorized access or breaches beyond our reasonable control.

• Data retention: We retain records as required by law (e.g., ATF, state recordkeeping) and otherwise only as long as necessary for the purposes described or as required by our legitimate business needs and legal obligations. Firearm-related records may be retained for the periods specified by applicable law.

• Your privacy rights: Subject to applicable law, you may request access to, correction of, or deletion of certain personal information by contacting us. We will respond as required by law and may retain information where legally required (e.g., mandatory firearm records).

• Cookies and analytics: We may use cookies and similar technologies to operate the site, remember preferences, and analyze usage. You can adjust browser settings to limit cookies, but site functionality may be affected.

• Children: Our site and services are not directed to children under 13. We do not knowingly collect personal information from children under 13.

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8. Legal Notices and Dispute Terms

 

• Governing law: These terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.

• Venue: Any dispute arising from your purchase or use of our products/services shall be brought in the state or federal courts located in Massachusetts, unless applicable law requires otherwise.

• Severability: If any provision of this policy is found invalid or unenforceable, the remainder will remain in effect.

• Changes to policy: We may update this policy from time to time. Changes do not apply retroactively to transactions completed before the change. The policy in effect at the time of your purchase governs that purchase.

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9. Important Compliance and Consumer Protection Disclosures

 

• Non-waivable rights: Nothing in this policy is intended to waive rights that cannot legally be waived (e.g., certain implied warranties or mandatory refunds under applicable law). Where this policy conflicts with applicable law, we will comply with the law.

• Fee disclosures: Restocking and processing fees, shipping charges, and other costs are disclosed before purchase at checkout or in-store at the point of sale. Some fees may not apply in cases of Bay State Surplus error or where prohibited by law.

• Manufacturer warranties: Many products are covered by manufacturer warranties. For opened/installed accessories and firearms, warranty claims generally must be made directly with the manufacturer.

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10. Contact Us

 

• Bay State Surplus

• Email: baystatesurplus@gmail.com

• Phone: (781) 361-3771

• Address: 198 S Meadow Road, Plymouth MA 02360

• For returns/cancellations: Please include your order number, contact information, and a brief description of your request. We will provide return authorization and instructions.