Devil Dog Gun Company Terms of Sales

OVERVIEW

THIS “TERMS OF SALES” AGREEMENT GOVERNS ALL FIREARMS AND AMMUNITION SALES TRANSACTED ON THE DEVIL DOG GUN COMPANY WEBSITE. PLEASE READ THESE “TERMS OF SALES” (“SALE AGREEMENT”) VERY CAREFULLY. YOU, THE BUYER (“CUSTOMER”) AGREES TO BE BOUND BY THIS SALES AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS.

SECTION 1 – SALES AGREEMENT

This Sale Agreement is a legal contract between the Customer and Devil Dog Gun Company. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Devil Dog Gun Company website. References to “YOU” or “YOUR” shall relate to the Customer; references to “Devil Dog Gun Company” shall relate to Devil Dog Gun Company and its affiliates. The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Devil Dog Gun Company website at the time the Customer initially places or modifies an order will govern the order in question.

This Sale Agreement constitutes the entire agreement between the Customer and Devil Dog Gun Company relating to the purchase or sale of goods or services on the Devil Dog Gun Company website. This Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Devil Dog Gun Company website in a writing signed by Devil Dog Gun Company. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Devil Dog Gun Company at the address provided below.

In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement, or any terms and conditions on our invoice or website, you agree that the provisions of this Sale Agreement shall govern.

SECTION 2 – GOVERNING LAW

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAWS RULES. EACH OF THE PARTIES HERETO IRREVOCABLY SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN HARRIS COUNTY, TEXAS FOR PURPOSES OF ANY SUIT, LEGAL ACTION OR PROCEEDINGS ARISING OUT OF THIS TERMS OF SALES AGREEMENT.

SECTION 3 – RISK OF LOSS

Title to goods herein being purchased, passes to the purchaser upon acceptance of the shipment by the carrier (once said goods are no longer under Devil Dog Gun Company’ control) in the shipment of goods to the purchaser (unless otherwise specified prior to shipment). Loss or damage that occurs during shipping by a carrier is the purchaser’s responsibility. Subsequently, it is the responsibility of the purchaser to inspect the contents of the shipment immediately upon receipt of the package(s) AND REPORT ANY DAMAGE IMMEDIATELY TO THE CARRIER. If a claim is to be filed with the carrier for shipment damage, it is the purchaser’s responsibility to do so.

SECTION 4 – GENERAL LEGAL DISCLAIMER

DEVIL DOG GUN COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY DEVIL DOG GUN COMPANYIN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.

SECTION 5 – PRICING AND INFORMATION DISCLAIMER

All pricing subject to change without notice. For all prices, products and offers, Devil Dog Gun Company reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Devil Dog Gun Companyuses reasonable efforts to include accurate and up-to-date information on the Devil Dog Gun Company website, Devil Dog Gun Companymakes no warranties or representations as to the Devil Dog Gun Company website’s accuracy. Devil Dog Gun Companyassumes no liability or responsibility for any errors or omissions in the content on the Devil Dog Gun Company website.

SECTION 6 – LIMITATION OF LIABILITY

Devil Dog Gun Companywill not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Devil Dog Gun Companywill not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services, Devil Dog Gun Companyis not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this Sale Agreement.

It is the responsibility of the buyer, not Devil Dog Gun Companyto ascertain and obey all applicable local, state and federal laws in regard to the possession and use of any firearm, ammunition, firearm accessories, et al (merchandise) purchased from Devil Dog Gun Company website. All merchandise is sold upon the condition that we, the seller, shall not be liable in any action for the arrest, accident, or injury occasioned during the transportation, handling, storage, sale, or use of the merchandise. Consult your local and state laws before ordering if you are in doubt. By placing an order, the buyer represents that the products ordered will be used in a lawful manner and that he/she is of legal age (21 years old for handguns & ammunition, 18 years old for long-guns & ammunition (i.e. rifles, shotguns, etcetera)). Absolutely no sales to anyone not of legal age to purchase said firearms or ammunition. Devil Dog Gun Companyor any of its employees will not be held liable for the misuse of any merchandise purchased from us. When you purchase an item from Devil Dog Gun Company, you release Devil Dog Gun Companyand any or all of their employees of any liability regarding your actions concerning the sale, use, ownership and shipping of any merchandise ordered.

SECTION 7 – ORDERS AND TAXES

Orders are not binding upon Devil Dog Gun Companyuntil accepted by Devil Dog Gun Company. Terms of payment are within Devil Dog Gun Company’ sole discretion. Invoices are due and payable in full at time of purchase on the Devil Dog Gun Company website. The Customer is responsible for sales and all other taxes associated with the order. Devil Dog Gun Companycollects Texas sales tax on all orders delivered to Texas addresses.

SECTION 8 – SHIPMENT INSURANCE COVERAGE

For orders under $1,000, the shipment carrier insurance is included in the purchase price. For orders over $1,000, additional insurance will be needed to cover any losses above $1,000. It is highly recommended that the purchaser selects the additional coverage option during the checkout process. Any losses incurred for a shipment being “under-insured” as a result of the purchaser opting not to accept additional coverage, are not the responsibility of Devil Dog Gun Company.

SECTION 9 – SHIPPING POLICY

When you have completed a purchase on the Devil Dog Gun Company website, by law we cannot ship the firearm(s) directly to you, unless you have a Federal Firearms License (FFL). We will ship the firearm(s) ONLY to individuals or agencies (i.e. gun dealers) in possession of a valid FFL. Delivery time is generally between 5 – 7 business days.

**IMPORTANT – Federal and State firearms regulations require that the person making the purchase MUST be the same person taking delivery of the firearm (including the payment method being used, matching the same person). Additional information can be viewed at “Don’t Lie for the Other Guy“**

If you do not know of an FFL Dealer near you, use the “Find An FFL Dealer” table to find one to contact.

Contact the FFL dealer to see if they would be willing to process the transfer and legal paperwork for you, and what their fee to do so would be. (Be aware that it is customary for your local FFL dealer to charge a nominal transfer/processing fee at the time you take delivery of your purchase. This transfer fee is strictly between you and your local FFL dealer. It is your responsibility to check with your local FFL dealer concerning their policy for this service and your obligations.)

If you agree to the FFL Dealer’s processing fee and terms, forward a copy (by fax or e-mail) of their valid FFL (along with all their pertinent contact and shipping address information) to Devil Dog Gun Company(see contact info below).

At YOUR request, Devil Dog Gun Company will ship your purchased firearm(s) to the licensed FFL dealer, in your state, that you have selected. Make sure your FFL Dealer aware of the transaction and of the pending shipment.

**IMPORTANT – Devil Dog Gun Company WILL NOT ship the purchased firearm(s) until we have received a copy of the valid FFL of the dealer you have requested us to ship to.**

It is YOUR responsibility to read and be familiar with the Devil Dog Gun Company “Terms of Sales – Firearms and Ammunition” declaration.

It is YOUR responsibility to ensure that YOU are allowed to purchase a firearm in your state and local community. View your State’s regulations as to “Who May Not Own Guns.”

It is YOUR responsibility to ensure that the firearm(s) you purchase is/are legal to own in your state and local community. View your State’s regulations as to “Types of Illegal Firearms.”

It is YOUR responsibility to inspect the contents of the shipment immediately upon receipt of the package(s), PRIOR to starting the legal transfer paperwork, for any manufacturer’s defects (we inspect all firearms for manufacturer’s defects prior to shipment, so chances are low of this occurring) or damage caused by the shipment carrier. Should there be damage during shipment, REPORT DAMAGE IMMEDIATELY TO THE CARRIER. It is YOUR responsibility file any and all damage claims with the shipment carrier.

It is YOUR responsibility to make sure your local FFL dealer completes all the legally required transfer paperwork when you take delivery of the purchased firearm(s).

You the buyer are responsible for forwarding a copy of your local gun dealer’s FFL, and all pertinent contact and shipping address information, to Devil Dog Gun Company. Our contact information is as follows:

 

SECTION 10 – RETURN POLICY

Returns are ONLY accepted for merchandise found defective immediately upon receipt. Devil Dog Gun Company will provide YOUR CHOICE of a replacement item (pending availability) or full refund AND pay the return shipping cost on all firearms and accessories found defective upon receipt. For your added convenience, Devil Dog Gun Company will also arrange for the defective items to be picked up and returned to us by the original shipper.

 

**VERY IMPORTANT** – For ALL firearm purchases and/or transfers please take your time to inspect your firearm(s) thoroughly BEFORE proceeding with the transfer paperwork. Once a new firearm is transferred to you, it is considered used, even if unfired. Consequently, we cannot provide a full refund for firearms once they have been transferred into your possession, you will be charged a 25% restocking fee. Also, we DO NOT reimburse FFL transfer fees on returned items.

We do understand that some manufacturer defects may not be identifiable upon initial inspection. However, upon discovering a defect AFTER the transfer, the firearm MUST be returned directly to the manufacturer for replacement or repair (in accordance with manufacturer’s warranty policy). By sending a defective firearm directly to the manufacturer, you can avoid the unnecessary transfer fees of returning the firearm to us through your local FFL dealer. If we do receive a defective firearm that has already been transferred, we will simply forward the firearm to the manufacturer on your behalf. Manufacturer repaired firearms can be returned directly to the customer without additional FFL transfer or associated fees. However, if the manufacturer chooses to replace the firearm, the replacement firearm must transfer through your local FFL dealer to document the replacement firearm serial number.

**ALL AMMUNITION SALES ARE FINAL** – For safety and tampering reasons, we cannot and will not, accept returns of any ammunition purchases NO EXCEPTIONS! So make sure you select the correct ammunition before purchasing.

Picking up items from our location:

  • If you are NOT a legal resident of Texas you cannot pick up a handgun from our store; you must have the gun transferred to an FFL dealer in your state. You may pick up a rifle or shotgun from our store if it is legal to own in your state of residence.
  • If you intend to pick up an item from our retail store that you have ordered from the Devil Dog Gun Company website, please call in advance to see if your order is ready.

SECTION 11 – PAYMENT METHODS

We accept all major credit cards processed through our e-commerce system, which is PCI compliant and our SSL Certificate provides the highest level of consumer data protection and exceptional buyer and seller fraud protection. (We recommend this method of payment.)

SECTION 12 – CUSTOMER CERTIFICATION

The Customer certifies that Customer not restricted or forbidden by law to own a firearm and hereby unequivocally states that Customer:

  • is of LEGAL AGE to own the firearm(s), or ammunition, which Customer is purchasing;
  • has NEVER been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
  • is NOT a person who is under indictment for a crime punishable by imprisonment for a term exceeding one year;
  • is NOT a fugitive from justice;
  • is NOT an unlawful user of or addicted to any controlled substance;
  • has NEVER been adjudicated as a mental defective or has been committed to a mental institution;
  • is NOT an alien illegally or unlawfully in the United states, or an alien admitted to the United states under a non-immigrant visa;
  • has NOT been discharged from the Armed Forces under dishonorable conditions;
  • having been a citizen of the United states, has NEVER renounced Customer’s citizenship;
  • is NOT subject to a court order that restrains them from harassing, stalking, or threatening an intimate partner or child of said intimate partner;
  • has NOT been convicted in any court of a misdemeanor crime of domestic violence;
  • CAN lawfully receive, possess, ship, or transport a firearm;
  • is purchasing the firearm(s) for their personal ownership and NOT making a “straw purchase” on behalf of someone else;
  • acknowledges that NO warranty is offered by the seller for the firearm(s) or ammunition, beyond the manufacturer’s warranty; and
  • acknowledges that ALL ammunition purchases are FINAL and non-returnable.

SECTION 13 – DISCLAIMER

Devil Dog Gun Company reserves the right to cancel ANY transaction, for ANY reason, if it is deemed by Devil Dog Gun Company that ANY portion of the transaction, or person making the purchase, seems questionable!