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When placing an order, all customers will be required to check a box agreeing to the below statements and terms of sale.
Agreement to Indemnify and Defend for Misrepresentation
In the event that any of the above statements under the “Customer Affidavit” section of these Terms and Conditions are determined to be untrue, I will release, hold harmless, indemnify, and pay to defend Ace Firearms, Inc. and/or Kraken Customs(DBA AceFirearms.com) and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.
Assumption of Shipping Liability
While we do our best to ensure that your product reaches your door as quickly and as trouble-free as possible, we simply cannot guarantee that the shipping carrier (for example, UPS or FedEx) you select will not damage or lose your product, or that once delivered, your product will not be stolen or damaged. Once your product is delivered to the address you have provided, you assume all responsibility for its safety and hereby explicitly release Ace Firearms, Inc. and/or Kraken Customs (DBA AceFirearms.com and Krak3n.com) from all liability and responsibility thereafter.
Release of Liability and Agreement to Indemnify and Defend
While Ace Firearms, Inc. and/or Kraken Customs (DBA AceFirearms.com) strives to offer high quality products and excellent customer service, it is merely a retailer of products that are designed, manufactured, and tested by other companies. Therefore, I understand and acknowledge that Ace Firearms, Inc. and/or Kraken Customs shall not be liable for any claims and/or damages, or for the breach of any warranty, express or implied, whether of merchantability or fitness for any purpose or otherwise, whatsoever.
Furthermore, I understand and acknowledge that Ace Firearms, Inc. and/or Kraken Customs expressly disclaims any and all liability for the accuracy of information provided to me, and for how I use information provided to me, by Ace Firearms, Inc., and I understand and acknowledge that Ace Firearms, Inc. and/or Kraken Customs cannot be held liable for how I or anyone else uses any information I receive from Ace Firearms, Inc. and/or Kraken Customs. Therefore, I explicitly agree to release, hold harmless, indemnify, and pay to defend Ace Firearms, Inc. and/or Kraken Customs and its owners, agents, officers, and employees against any resulting damages and/or civil liability or criminal prosecution arising from or related to my use of information provided by Ace Firearms, Inc. and/or Kraken Customs. I further understand that manufacturers are the best resources for information about their products, including critical safety information. I will review all information and safety warnings from product manufacturers prior to purchasing and using products from AceFirearms.com.
By placing an order with Ace Firearms, Inc., I understand and acknowledge that I alone am responsible for how the product I purchased from Ace Firearms, Inc.is used by me and by any other party. I explicitly agree to release, hold harmless, indemnify, and pay to defend Ace Firearms, Inc. and/or Kraken Customs and its owners, agents, officers, and employees against any resulting damages and/or civil liability or criminal prosecution arising from or related to the products I have purchased, to include but not limited to the use of the product, the storage of the product, and the transportation of the product. In the event that any other party files a claim of any kind against Ace Firearms, Inc., I will indemnify and pay to defend Ace Firearms, Inc. and/or Kraken Customs and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.
In the event that I choose to file a complaint against Ace Firearms, Inc. and/or Kraken Customs or any of its owners, agents, officers, or employees, I agree that such a complaint must be filed in a court located in Greenville County, South Carolina. I agree that any complaints filed within any other jurisdiction shall be immediately removed to a court within Greenville County, South Carolina and I agree to reimburse Ace Firearms, Inc. and/or Kraken Customs And its owners, agents, officers, and employees for any costs they may each incur in defending against the complaint or effecting its removal until such time that the complaint is properly filed within a court located in Greenville County, South Carolina.
I understand and acknowledge that South Carolina law will govern exclusively: my purchase and use of any products from AceFirearms.com; any information I receive from AceFirearms.com; any legal action instituted against me by Ace Firearms, Inc. and/or Kraken Customs; and any legal action that I institute, or that someone else institutes as a result of my actions, against Ace Firearms, Inc.
Class Action Waiver
I expressly agree that any dispute resolution proceedings, including but not limited to, litigation, arbitration, and mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this express agreement, I acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of any right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals, before a court or other tribunal.
Shipping Destination Restrictions
I understand that AceFirearms.com does not ship outside the United States or to Alaska, Hawaii, Massachusetts, Chicago, or any other area within the United States where AceFirearms.com is prohibited by federal, state, or local law to ship product. I also understand that if I attempt to have product shipped to these restricted areas, my order will be cancelled and I will be subject to paying a cancellation fee as described below.
If you live in the great state of South Dakota, your Department of Revenue requires us to give you the following message: Ace Firearms, Inc. and/or Kraken Customs isn’t required to and doesn’t collect sales or use tax in your state, nor will Ace Firearms, Inc. and/or Kraken Customs report your purchases to your state’s Department of Revenue. Unfortunately, just because you purchased ammo online and we do not collect the tax doesn’t mean your purchase is exempt from use tax. In fact, your purchase could be subject to use tax. Your state requires you to report online purchases that were not taxed and to pay use tax on those purchases. The tax may be reported on your individual income tax return or on a consumer use tax return. You can find the relevant forms at your Department of Revenue’s website. For our California customers, the licensed ammunition vendor who processes your order may charge sales tax at the time of pick-up.
Order Cancellation by Customers
Our desire is to provide you with excellent customer service to include very promptly shipping your order. Our system is 100% automated such that the moment you place your order, our system begins preparing your product to ship. Because our system is 100% automated and because your order will ship so quickly, orders may not be cancelled or changed by our customers once submitted. Additionally, for your security our customer service team is unable to alter any product information or credit card charges once you place your order.
If you refuse to accept delivery of an order that you placed, then we will issue you a refund if the product returns to us in sellable condition; however, any such refund will be MINUS the cost of shipping both ways AND a restocking fee equal to $35 or 5% of the value of your order, whichever is greater.
Order Cancellation by AceFirearms.com
Ace Firearms, Inc. and/or Kraken Customs (DBA AceFirearms.com) reserves the option to cancel any orders where the purchaser has not abided by these Terms and Conditions. In the event that AceFirearms.com chooses to cancel your order, you will receive a refund of the full amount of the purchase less a $30.00 cancellation fee or 5% of the total purchase amount, whichever is greater. We do not like canceling orders, but sometimes we must where a customer has not adhered to these Terms and Conditions. When this happens, our office incurs various costs ranging from credit card processing fees to chargeback fees. It is your responsibility to make sure that you fully understand and comply with these Terms and Conditions.
Due to the unique nature of the product we sell we only accept returns for damaged or defective product. Product must be returned within 30 days of your order date. There will be no refund issued for any returns that are received at our warehouse without a prior Approved Return Request on file or for any returns that are received at our warehouse with a prior Declined Return Request on file. In this scenario, if you would like to keep the unauthorized return received at our warehouse, we are happy to collect additional payment from you to cover the costs to ship the product back to you.
If you feel like you should be able to return your product for a reason other than it being damaged or defective product, you are welcome to fill out a Return Request Form and your Return Request will be considered. Please email us at info@AceFirearms.com to make a return request; someone on our staff will respond promptly. If your return is approved, we will reply back to your email with the options available for processing your return. Returns will receive store credit or refund, at our sole option.
NOTE: If product in your possession was received damaged, damage must be noted in your Return Request Form and pictures must be supplied documenting the damage. If your Return Request is approved, you are responsible for properly packing and securing your return order to protect it from damage incurred in transit back to our warehouse. All returned product is examined upon arrival and check-in at our warehouse and only product in New/Sellable condition will receive a full credit (unless the damage occurred in transit to your location and you properly notified and documented the damage in your initial Return Request Form). If for any reason you decide you want the product back after it has been received at our warehouse, we are happy to collect additional payment from you to cover the costs to ship the product back to you.
Recording Customer Phone Calls
Our goal is to provide you with excellent customer service every chance we get. To help us do that, we need to be able to record and monitor your phone calls with our customer service team, so we can make sure we’re always giving you the service you deserve. Therefore, you explicitly authorize Ace Firearms, Inc.to record and monitor your phone calls with any of its agents or representatives.
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