TRIGGER TERMS AND CONDITIONS OF ONLINE SALES
1. YOUR RIGHTS AND OBLIGATIONS.
a. 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.
b. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. SOME OF THE PRODUCTS LISTED ON THIS WEBSITE, INCLUDING FIREARMS AND OTHER REGULATED PRODUCTS, MAY BE SUBJECT TO ADDITIONAL TERMS AND OBLIGATIONS, WHICH WE MAY NOTIFY YOU OF THROUGH THESE TERMS OR AT ANY TIME BEFORE OR AFTER YOUR PURCHASE OF SUCH “FIREARMS.” TO THE EXTENT YOU PURCHASE A FIREARM, YOU CONSENT TO ALL SUCH ADDITIONAL TERMS AND OBLIGATIONS AND YOU REPRESENT AND WARRANT THAT YOU HAVE ALL LEGALLY-REQUIRED LICENSES.
c. YOU MAY NOT ORDER OR OBTAIN PRODUCTS 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 TRIGGER LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS OR GOODS BY APPLICABLE LAW.
d. TO THE EXTENT YOU ARE PURCHASING A FIREARM FROM US, YOU REPRESENT AND WARRANT THAT: YOU ARE NOT UNDER THE LEGAL AGE TO OWN A FIREARM; YOU ARE NOT BEING CONVICTED OF AND HAVE NEVER BEEN CONVICTED IN ANY COURT OF A CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM EXCEEDING ONE (1) YEAR; YOU ARE NOT A FUGITIVE AND HAVE NO OUTSTANDING WARRANTS; YOU ARE NOT AN UNLAWFUL USER OF OR ADDICTED TO ANY CONTROLLED SUBSTANCE; YOU HAVE NEVER BEEN ADJUDICATED AS A MENTAL DEFECTIVE OR HAS BEEN COMMITTED TO A MENTAL INSTITUTION; YOU ARE NOT AN ALIEN ILLEGALLY OR UNLAWFULLY IN THE UNITED STATES OR AN ALIEN ADMITTED TO THE UNITED STATES UNDER A NONIMMIGRANT VISA; YOU HAVE NOT BEEN DISCHARGED FROM THE ARMED FORCES UNDER DISHONORABLE CONDITIONS; YOU ARE A CITIZEN OF THE UNITED STATES; YOU ARE NOT SUBJECT TO A COURT ORDER THAT RESTRAINS YOU FROM OWNING A FIREARM; YOU HAVE NOT BEEN CONVICTED OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE; YOU CAN LAWFULLY RECEIVE, POSSESS, AND TRANSPORT A FIREARM; AND YOU ARE NOT A PERSON PROHIBITED UNDER STATE OR FEDERAL LAW FROM PURCHASING A FIREARM.
e. These Terms and Conditions of Online Sales (these “Terms”) apply to the purchase and sale of products through shoptrigger.com (the “Site”). These Terms are subject to change by Trigger LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any product that is available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
f. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products through this Site (see Section 9).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices; Payment; Fees.
a. All prices, rates, discounts, and promotions 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 your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
b. We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
c. We cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Site or through our vendors. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. We reserve the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after you receive an order confirmation or shipping notice from us.
d. Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept payment through the payments options available to you at checkout for all purchases. You represent and warrant that (i) any payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by you, your bank, your credit card company, or other payment processor, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
e. To the extent we use a third party to process your payment, you agree to all applicable terms and consent to such third party’s processing of your payment information.
4. Delivery; Title and Risk of Loss.
a. For all Firearms you must appear in-person at the designated Federal Firearms License (“FFL”) location to obtain the purchased Firearm. By purchasing a firearm, you consent to and will cooperate with the FFL location in conducting any and all background checks, identity verification processes, and execution of applicable Bill(s) of Sale. For all Firearms, title and risk of loss pass to you upon your possession of the Firearm. We are not liable for any delays in your possession of the Firearm.
b. For all products which are not Firearms, we will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. For all products which are not Firearms, title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds.
a. WE ONLY OFFER RETURNS IN THE EVENT OF A MANUFACTURER DEFECT.
b. Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided such return is made within 30 days of delivery with valid proof of purchase and provided such products are returned in their original condition. To return products, you must email our Returns Department at sales@shoptrigger.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.
c. You are responsible for all shipping and handling charges on returned items unless otherwise specified. 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.
d. Refunds are processed following our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
e. For defective returns, please refer to the manufacturer’s warranty (see Section 6) included with the product or as detailed in the product’s description on our Site, if applicable.
6. Manufacturer’s Warranty and Disclaimers.
a. We do not manufacture or control any of the products offered on our Site. The availability of products through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on our Site. However, the products offered on our Site may be covered by a manufacturer’s warranty as detailed in the product’s description on our Site or included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
b. TRIGGER MAKES NO WARRANTY OF ANY KIND REGARDING THE FIREARM. YOU ACCEPT RECEIPT OF THIS AGREEMENT AND UNDERSTANDS THAT THE ABOVE FIREARM IS SOLD ON AN “AS IS, WHERE IS” CONDITION WITH NO GUARANTEES OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, AND TRIGGER MAKES NO WARRANTIES, EXPRESS, IMPLIED OR APPARENT REGARDING THE FIREARM, NO WARRANTY OF MERCHANTABILITY, AND NO WARRANTY THAT THE FIREARM IS FIT FOR A PARTICULAR PURPOSE.
c. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
d. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
7. Indemnification. You agree to indemnify Trigger, defend Trigger and hold Trigger (including its affiliates and their directors, officers, employees and agents) harmless from all claims, suits, causes of action, liability, cost and attorney fees incurred by Trigger resulting from, or arising out of, (1) this Agreement; (2) Your use or misuse of the Firearm; (3) bodily injury, property damage, or other damages which may arise out of, result from, occur during, or are in any way connected with Your acts, omissions, use, or misuse of the Firearm, including claims arising from Your or any other party’s negligence or intentional misconduct.
8. Liability.
a. YOU RELEASE US FROM ALL CLAIMS FOR LOSS OF, OR DAMAGES TO YOUR PERSONAL PROPERTY OR THAT OF ANY OTHER PERSON.
b. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH YOUR PURCHASE OF PRODUCTS FROM US UNDER THESE TERMS OR ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
c. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.
d. The limitation of liability set forth in Section 8(c) shall only apply to the extent permitted by law.
9. Privacy. Our Privacy Policy, [WEBSITE ADDRESS], governs the processing of all personal data collected from you in connection with your purchase of products through the Site.
10. Goods Not for Resale or Export. You represent and warrant that you are buying products from the Site for your own personal use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
11. Notices.
a. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
b. To give us notice under these Terms, you must contact us as follows by personal delivery, overnight courier, or registered or certified mail to Trigger LLC, at 411 1/2 D Street, Suite 7, South Charleston, WV 25303. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
12. General Terms. This Agreement constitutes the entire agreement between the Parties concerning its subject matter and supersedes all prior agreements and understandings, both written and oral, with respect to the subject matter of this Agreement. This Agreement may be amended or waived only in writing executed by both Parties. This Agreement is binding on and inures to the benefit of the Parties and their respective successors and assigns. You may not assign any of its rights or obligations under this Agreement without the prior written consent of Trigger. If any provision of this Agreement is declared void or unenforceable, then the provision is automatically amended to the minimum extent required to make it valid, legal, enforceable and nearest to the original intent, and the other provisions remain in full force and effect. The waiver of a breach does not operate as a waiver of any subsequent breach. This Agreement is governed in all respects by the laws of West Virginia without giving effect to any conflicts of laws principles that require the application of the law of a different state and without regard to any presumption or rule of law requiring its construction against the Party drafting any part of this Agreement. The Parties consent to the venue and personal jurisdiction of the federal or state courts in Kanawha County, West Virginia as the exclusive forums for resolution of any dispute under this Agreement, and will not raise, and each waives, any defenses based on venue, inconvenience of forum, or lack of personal jurisdiction in these counties. This Agreement is for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns. No provision of this Agreement, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit, or remedy of any nature whatsoever. You are responsible for all acts and omissions of itself or other user of Firearm as if it were Your own acts and omissions under this Agreement. Trigger shall not be liable for any delay in or other default in performance that is due to unforeseen circumstances, or to causes beyond its reasonable control and without the fault or negligence of Trigger. Provided any such delay or default is neither material nor indefinite, the time for performance shall be extended for a commercially reasonable period of time and thereafter You shall accept performance hereunder. Your exclusive remedy for other delays and for Trigger’s inability to deliver for any reason shall be termination of the Agreement.