TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
1.THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION
REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. IF YOU ARE A DEALER OR DISTRIBUTOR, AS DEFINED AND APPROVE BY GQ ARMORY, YOU UNDERSTAND THAT THE TERMS OF YOUR RESELLER AGREEMENT RATHER THAN THESE TERMS AND CONDITIONS APPLY TO ANY PURCHASE YOU MAKE FROM GQ ARMORY. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU
(A) DO NOT AGREE TO THESE TERMS,
(B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH GQ ARMORY, OR
(C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
2. Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between GQ Armory and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing our Customer Service Department at email@example.com.
3. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options and shipping fees. You agree to pay the total shipping and handling costs and fees reflected in your order at checkout.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
(c) We allocate products in our sole and absolute discretion. We make no representations regarding allocation or shipment time frame. If you have questions regarding your allocation or shipment date, please contact firstname.lastname@example.org.
5. Returns, Refunds, and Cancellations.
We do not accept returns for firearms or firearms accessories. For clothing and apparel, except for products identified as non- returnable, we will accept a return of the products for a refund to or your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery and provided such products are returned in their original condition. To return clothing and apparel, please email email@example.com or call 929-430-6787 and include your order number for further instruction. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a restocking fee.
You may cancel your order any time prior to allocation (48 hours). If you wish to cancel your order, you must email firstname.lastname@example.org. Orders that have been allocated are subject to a 5% cancellation fee. NFA Items that have already been manufactured via ATF Form 2 and/or transferred via ATF Form 3 are subject to 20% fee for the Form reversal and restocking. You will receive a confirmation that your order has been cancelled. Refunds are processed within approximately ten (10) business days of our receipt of your merchandise or cancellation of your order. Your refund will be credited back to the same payment method used to make the original purchase on the Site. We do not offer refunds on any products designated on this site or in these Terms and Conditions as non-returnable.
6. LIMITED WARRANTY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. NO IMPLIED WARRANTIES OR ANY KIND ARE MADE HEREIN. WE MAKE NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.
(b) What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
(iii) improper use;
(iv) negligent use;
(v) careless or improper handling and/or operation;
(vi) failure to follow the product instructions or to perform any
(vii) use of inappropriate or defective ammunition;
(ix) combination or use with any products, materials, processes,
systems or other matter not provided or authorized in writing by GQ Armory;
(x) accessory items attached or appurtenant to a silencer device or
(xi) unauthorized repair;
(xii) normal wear and tear; or
(xiii) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(d) What is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for life of the product, the "Warranty Period". We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(e) What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products.
(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must email our Customer Service Department at email@example.com during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.
(g) Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(h) What can you do in case of a dispute with us?
The informal dispute resolution procedure detailed in Section 12 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
6. Goods Not for Resale or Export.
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
7. Intellectual Property Use and Ownership.
You acknowledge and agree that:
(a) All uses on this Site of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license. Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.
(b) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services.
(c) You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
(d) GQ Armory is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
9. Force Majeure.
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"):
(a) acts of God;
(b) flood, fire, earthquake, pandemics, or explosion;
(c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest;
(d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement;
(f) national or regional emergency;
(g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and
(h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials;
(i) other events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 3 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 30 days following written notice given by it under this Section 10, the other party may thereafter terminate this Agreement
upon 30 days' written notice.