Online Firearms Purchase Agreement
Online Firearms Purchase Agreement
THIS AGREEMENT GOVERNS YOUR PURCHASES AND USE OF OUR WEBSITE. READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE, SOFTWARE OR SERVICES, AND BEFORE MAKING ANY PURCHASES.
WARNING: IF YOU FAIL THE FIREARMS BACKGROUND CHECK YOU WILL BE UNABLE TO PICKUP YOUR FIREARMS, YOU WILL EITHER FORFEIT YOUR ENTIRE EXPENDITURE OR BE ASSESSED A RESTOCKING FEE.
AT A MINIMUM YOU MUST SATISFY THE REQUIREMENTS OF THE BRADY HANDGUN VIOLENCE PREVENTION ACT. HOWEVER YOUR STATE MAY APPLY ADDITIONAL RESTRICTIONS THAT IT IS YOUR RESPONSIBILITY TO UNDERSTAND.
ONLINE FIREARMS PURCHASE AGREEMENT
THIS ONLINE FIREARMS PURCHASE AGREEMENT “Agreement” is made between Buyer (hereinafter “Buyer” or also “You” or “Your”) as defined by Your user registration identity and information, and Legion Firearms LLC, a Texas limited liability company located at 1901 Ramcon Drive, Temple TX, 76504 (hereinafter “Company”, “Seller”, “Us”, “We”, or “Our”) each a “Party” and collectively the “Parties”.
WHEREAS, Company sells via its websites (the “Website”) certain goods, including firearms, accessories and ammunition (“Ordinance”) to online buyers (“Users”); and
WHEREAS, Buyer desires to purchase the Ordinance described in its purchase order appearing on the Website as Buyer’s shopping cart and Seller desires to sell the same on the and conditions terms described below;
NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the sufficiency of which is affirmed by the Parties, the Parties agree as follows:
1. Website User Warranties. You agree that all the details and representations you have made to us, wherever made, including without limit during any registration as a User on our Website, are true and correct to the best of your knowledge, and that if you have registered, then you have received working User credentials, including password and User I.D. from Us, and that you are familiar with the features of our Website and have reasonable access to the Website via the Internet.
2. Goods Identified To The Contract. You the Buyer hereby agree to buy from Us, the Company, the goods listed with specificity in the Website shopping cart attached to your User account, upon your clicking the button entitled “Confirm Purchase”; Collectively such goods shall be referred to in this Agreement as the “Goods”. Once you have clicked the “Confirm Purchase” button, the sale shall be final, subject to the terms and conditions of this Agreement.. The time and date of such click shall be the “Date of Purchase” or “Purchase Date”. Each time you click the “Confirm and Ship My Order” button constitutes a separate transaction governed by a fresh instance of this Agreement, as evidenced by the different Date of Purchase relating to each. However, clicks on the Confirm Purchase button which occur within 60 seconds of one another and relate to identical Goods shall be construed as a single click and single purchase, unless context or the facts reasonably appear otherwise.
3. Payment. The amount you must pay for the Goods is the total due as described in your shopping cart, including any and all applicable taxes, shipping and handling, whether such taxes shipping or handling are described in your shopping cart or not (the “Payment Amount”). You agree to pay the Payment Amount in the currency of the United States of America. The Payment Amount is due immediately upon the Purchase Date. All payments by You shall be by Credit Card: You can order your product online using our secure server. We accept Visa, MasterCard, American Express, and Discover. All use of credit cards must include the billing address on the credit card. All transactions are authorized for the full amount at time the order is placed. Please contact your financial provider for more information regarding Authorizations.
4. 20% Restocking Fee. In the event you are in Default under this Agreement and Company is therefore entitled to void any attempted purchase You make, You agree to pay a “Restocking Fee” equal to 20% of the Payment Amount, separate and above any Payment Amount you have already paid to Company, as non-exclusive reasonably related liquidated damages for clarity and convenience, and not as a penalty, to cover Company’s cost, expense and inconvenience relating to such default.
5. Shipping Procedure. FIREARMS ARE NOT SHIPPED DIRECTLY TO YOU. Our actual receipt of the Payment Amount for the related Goods constitutes an “Order”. If an order includes a firearm, that order will be shipped to the Federal Firearms Licensed dealer (FFL Dealer) you have selected during your purchase process on our Website, and the FFL Dealer registers and transfer your firearm to You. FFL Dealers typically charge a transfer fee for receiving such Goods on your behalf and processing paperwork. In the event such FFL Dealer is no longer in business or unable or unwilling to accept such shipment, We will notify You to help find a new FFL. Once your order has been shipped, the FFL dealer can no longer be changed. In the event that any Goods are non-regulated general merchandise, we may elect to ship this directly to you, instead of to the FFL Dealer, at our sole choice. Note: This Agreement is not the complete agreement for NFA or Class III Items. ATF Form 3 and 4 Transfers will be subject to additional or different terms than appear in this Agreement, including additional taxes, processing costs, the need for photographs, fingerprints, law enforcement co-signature, and other items and procedures, which shall be communicated to you in writing at that time. In no event will such terms limit, reduce or impair any of our rights under this Agreement, but they may place additional costs and burdens upon You. Please call a representative if you need additional information on ATF Form 3 and 4 Transfers. You must read The National Firearms Act, Title 26, United States Code, INTERNAL REVENUE CODE and the ATF National Firearms Act Handbook prior to ordering any NFA or Class III Goods.
6. Pickup of Goods at FFL. You are responsible for picking up any Goods shipped to an FFL Dealer. You will be required to provide identification and pass the background checks and meet any other rules, regulations, restrictions or ordinances in effect in your and the FFL Dealer’s jurisdiction. Note that some states impose a waiting period on the pickup, as required by law. You should discuss any laws or regulations with your FFL Dealer, or with your attorney.
7. IF YOU FAIL THE BACKGROUND CHECK, YOU NOT BE ABLE TO TAKE POSESSION OF YOUR GOODS. We custom build weapons to your specs. You may lose your entire expenditure or be assessed a restocking fee.
8. ASSUMPTION OF BACKGROUND CHECK RISK. YOU UNDERSTAND AND AGREE THAT YOU BEAR AND ASSUME ALL RISKS RELATING TO PASSING OR FAILING ALL FEDERAL, STATE, MUNICIPAL BACKGROUND CHECKS, AND OTHERWISE COMPLYING WITH ANY AND ALL LAWS, STATUTES, ORDINANCES, RULES AND REGULATIONS PERTAINING DIRECTLY OR INDIRECTLY TO THE RIGHTS TO BEAR ARMS AND TAKING POSSESSION OF THE GOODS SUBJECT TO THIS AGREEMENT. YOU UNDERSTAND THAT ANY CRIMINAL HISTORY YOU HAVE, INCLUDING WITHOUT LIMIT, ANY HISTORY OF VIOLENCE, DOMESTIC ABUSE, OR OTHER NEGATIVE PERSONAL HISTORY CAN RESULT IN FAILING A BACKGROUND CHECK AND BEING DENIED THE RIGHT TO TAKE POSSESSION OF YOUR GOODS, EVEN IF SUCH HISTORY IS EXPUNGED, PERTAINS ONLY TO ARRESTS WITHOUT CONVICTION, OR RELATES TO PERIODS OF TIME DURING WHICH YOU WERE A MINOR.
9. Shipping Charges and Buyer Assumption of Shipping Risk. Shipping charges for all Orders shall be as described in the ‘total due’ description of your shopping cart, as summarized in any order confirmation generated by our Website. Company shall use any third party shipper at its sole discretion, and makes no warranty express or implied as to the quality or adequacy of any shipping company or the successful delivery of the Goods to Buyer. Note that handguns must ship by air under present regulations, while long guns may be shipped by ground. (a) No Firearms will be shipped outside of the United States;
(b) No Goods will be shipped to restricted areas.
10. Legal Prohibitions and Compliance. Many states prohibit or heavily regulate the purchase and shipment of firearms, ammunition and ordinance by the general public. You are responsible for determining the legality of your use of our site and purchase of our Goods prior to undertaking any purchase or entering into this Agreement. You understand that compliance with such laws is your obligation and we are not responsible for inquiring into your actual rights to purchase our Goods, Ordinance or products. You agree to abide by all laws, statutes, rules, regulations and ordinances (“Laws”) of any and all natures, relating directly or indirectly to this Agreement and the Goods, and you warrant that You shall not use this Agreement in part or whole in any effort to circumvent the letter or intent of any Laws.
11. General Default by Buyer. In the event Buyer is in default under any term or condition of this Agreement, in addition to remedies at law, equity or elsewhere described in this Agreement, Company may block Buyer from the Website, terminate Buyer’s Website rights, privileges, information, data, User account, credentials, access, and generally deny Buyer any rights to, or use or functionality of, the site in perpetuity thereafter. Company may also share details relating to Buyer and the default with any other third party with legitimate reason to know, including without limit law enforcement, regulators, administrative agencies, judicial personnel, courts, judges, attorneys, mediators and arbitrators. 14.
12. EXCULPATORY CLAUSE /ASSUMPTION OF RISK / RELEASE OF LIABILITY. AS PART OF THE LAWFUL CONSIDERATION FOR THIS AGREEMENT AND PURCHASING THE GOODS IDENTIFIED THERETO, I THE BUYER DO HEREBY RELEASE FROM ANY LEGAL LIABILITY, AGREE NOT TO SUE, CLAIM AGAINST, ATTACH THE PROPERTY OF OR PROSECUTE, AND FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SELLER, AND ALL OF ITS OWNERS, OFFICERS, MEMBERS, ORGANIZATIONS, AFFILIATES, AGENTS, ASSIGNS AND EMPLOYEES FOR CLAIMS RELATING TO, ANY ACCIDENTAL, UNINTENTIONAL, EMOTIONAL OR NEGLIGENT INJURY TO ME THE BUYER, MY FAMILY, ASSOCIATES, GUESTS, INVITEES AND COHABITANTS, INCLUDING WITHOUT LIMIT INJURY OR DEATH TO ME THE BUYER OR SUCH THIRD PARTIES, RESULTING FROM, OR RELATING TO, MY PURCHASE, OWNERSHIP AND OR USE OF THE FIREARMS, AMMUNITION AND OTHER GOODS IDENTIFIED TO THIS AGREEMENT. THIS RELEASE SHALL INCLUDE WITHOUT LIMITATION CLAIMS FOR NEGLIGENCE, INCLUDING NEGLIGENCE PER SE. HOWEVER, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS RELEASE OF LIABILITY FOR SELLER’S WILLFUL AND WANTON RECKLESSNESS OR INTENTIONAL HARM. THE NATURE OF THE GOODS AND ALL OTHER HAZARDS AND EXPOSURES CONNECTED WITH BEING AN OWNER AND USER OF FIREARMS AND AMMUNITION INVOLVES RISK AND I AM COGNIZANT OF THE RISKS AND DANGERS, INCLUDING WITHOUT LIMIT PERSONAL INJURY AND EVEN DEATH, TO ME THE BUYER, MY FAMILY, ASSOCIATES, GUESTS, INVITEES, COHABITANTS AND THIRD PARTIES, AND THAT I AM FULLY CAPABLE OF SAFELY OWNING AND USING FIREARMS AND AMMUNITION, AND WILLINGLY ASSUME ANY RISK OF SUCH INJURY OR DEATH AS MY RESPONSIBILITY. I AGREE THAT THIS EXCULPATORY CLAUSE IS VALID, THAT IT DOES NOT VIOLATE ANY DUTY TO THE PUBLIC; THAT THE NATURE OF THE GOODS TO BE RECEIVED HAS BEEN CLEARLY EXPRESSED; THAT THIS AGREEMENT WAS FAIRLY ENTERED INTO; AND THAT THE EXCULPATORY INTENTIONS OF THE PARTIES ARE EXPRESSED CLEARLY AND UNAMBIGUOUSLY.
13. INDEMNIFICATION AGAINST THIRD PARTY CLAIMS. BUYER AGREES TO INDEMNIFY, DEFEND, AND HOLD COMPANY AND ITS OWNERS, AGENTS, ATTORNEYS, SUCCESSORS, AND ASSIGNS, HARMLESS FOR AND AGAINST, ANY THIRD PARTY CLAIMS RELATING DIRECTLY OR INDIRECTLY TO THE GOODS, PICKUP, OR THIS AGREEMENT, INCLUDING WITHOUT LIMIT CLAIMS OF PRODUCTS LIABILITY, QUALITY, NEGLIGENCE, OR FAILURE BY BUYER TO BE LEGALLY ENTITLED TO TAKE POSSESSION OF THE GOODS, AND INCLUDING WITHOUT LIMIT ANY CLAIMS AGAINST SELLER BY ANY CONSTITUTED GOVERNMENT AUTHORITY OR NON-GOVERNMENTAL-ORGANIZATION, SO LONG AS SUCH ARE NOT THE PREPONDERANT FAULT OF SELLER. BUYER SHALL ALSO WAIVE ANY CLAIM AGAINST SELLER RELATING TO ACTIONS OR INACTIONS OF ANY AGENT OR FFL DEALER PURSUANT TO WORK DONE BY SUCH PARTY WITH RESPECT TO CONDUCT OF BACKGROUND CHECKS AND PICKUP AND DELIVERY OF GOODS. BUYER’S SOLE REMEDY AGAINST SUCH AGENTS AND FFL DEALERS SHALL BE AGAINST THEM DIRECTLY, LIMITED TO AN AMOUNT NOT TO EXCEED $200, AND BUYER AGREES TO WAIVE ANY AND ALL CLAIMS UNDER RESPONDEAT SUPERIOR OR ANY OTHER THEORY OF LAW OR EQUITY AGAINST SELLER FOR THE ACTS AND/OR OMISSIONS OF SUCH THIRD PARTIES, AGENTS, OR INDEPENDENT CONTRACTORS.
14. Buyer Warranties. Buyer promises, warrants and swears as follows, knowing that We the Seller and others will rely upon such promises:
a. Buyer Qualifications. You warrant that You are in all respects qualified to take possession of the Goods as of the time of this Agreement and have no reason to believe that you may not pass a required background check relating to purchasing, owning or taking possession of a firearm or ammunition; and
b. License. Buyer promises that it has any and all licenses, certifications, registrations, qualifications, tests, visas, status documents, approvals, bonds, or other legal, quality or regulatory requirements (“Licenses and Certifications”) necessary or required for entering into this Agreement, purchasing, and taking possession of Ordinance and the Goods;
e. Not For Unqualified Others (“Straw Purchase”). You agree that you are not purchasing any Goods on behalf of any person legally unable to either make such purchase or take delivery, or unable to execute this Agreement or truthfully make and satisfy all of the Buyer’s warranties under this Agreement, and you are not purchasing the Goods and or picking them up in order to assist a third party to obtain the Goods who cannot themselves pass a background check, execute this Agreement, or qualify legally or contractually to buy firearms and ammunition as provided for in our Website and this Agreement.
f. California Resident Buyers. In order to properly process your transactions we will need a valid FFL number as well as a 5-digit CFLC (California Firearms Licensee Check) number. You can call one of your local gun dealers if you have any questions about FFL or CFLC numbers. Please have this information available at the time of purchase in order to expedite the process. You warrant hereby that you have such FFL and CFLC numbers. Other states may have other requirements and restrictions. Consult Your attorney and FFL Dealer.
h. Domestic Orders Only. You agree that no Order is intended for international use or distribution, that you are now and will be at the time you shall attempt to take possession, a United States citizen, naturalized alien, or legal resident alien with valid green card, lawfully present in the United States. No international orders will be accepted.
i. 18 or Older. You affirm that you are at least 18 years of age. We do not sell firearms to persons under the age of 21. We do not sell ammunition to persons under the age of 18. If you are under the age of 18, you may not use our website or order any Goods through our company; rather you must have your parent or legal guardian do so for you.
j. No Lawsuits, Arrests, Incarcerations, or Investigations. You warrant that you are not presently a plaintiff, defendant, petitioner, or respondent in any legal matter, petition, lawsuit or arbitration, and are not the subject of any administrative, criminal or regulatory investigation, review or proceeding. You promise that you are not on probation, a parolee or fugitive with respect to any judgment, sentence, order or conviction in any jurisdiction, nation, court or authority. You promise that there are no outstanding warrants or pending criminal charges against you. You warrant that you are in compliance with any and all court orders and decrees, including without limit any relating to the payment of alimony, spousal maintenance, or child support.
k. No Prior Denials, No Forbidden Status. You promise that you have never been at any time or during any period denied the right to own firearms or ammunition in the past, and are presently under no such prohibition or restriction. You promise that you are not a resident in any mental health institution and have never had any mental disorder requiring medical treatment or professional therapy. You promise that you have never been dishonorably discharged by any branch of any armed force or national guard.
l. No Use of Goods By Certain Third Parties. You agree not to permit any person to use or possess the Goods for any reason in the event such person could not truthfully and completely make the warranties and promises in this Agreement.
15. Anti-Terrorism Compliance. You agree to comply with and assist Us to the fullest extent possible in Our efforts to comply with Anti-Terrorism Laws (as defined below), and agree to take any and all further steps as necessary to effectuate the intent of this Section. As a result, You certify, represent, and warrant that: (i) none of Your property or interests is subject to being “blocked” under any of the Anti-Terrorism Laws and that You are not otherwise in violation of any of the Anti-Terrorism Laws; (ii) none of them is listed in the Annex to Executive Order 13224 (which can be accessed at http://www.treasury.gov/offices/enforcementJofac/sanctions /terrorism.html); (iii) you will refrain from hiring (or, if already employed, retain the employment of) any individual who is listed in the Annex; (iv) You have no knowledge or information that, if generally known, would result in You, your partners, agents, predecessors in interest, employees, or anyone associated with You being listed in the Annex to Executive Order 13224; (v) You are solely responsible for ascertaining what actions You must take to comply with the Anti-Terrorism Laws, and You specifically acknowledge and agree that Your indemnification responsibilities set forth in this Agreement pertain to Your obligations under this Section; (vi) any misrepresentation under this Section or any violation of the Anti-Terrorism Laws by You, Your partners, agents, predecessors in interest, employees, or anyone associated with You, shall constitute grounds for immediate termination of this Agreement and any other agreement You have entered into with Us or any of Our affiliates. For purposes of this Agreement, “Anti-Terrorism Laws” means Executive Order 13224 issued by the President of the United States, the Terrorism Sanctions Regulations and other regulations found at 31 CFR 515, 595, 597 and any laws which now pertain or which may in the future pertain to the matters of this nature.
16. Theft. In the event any firearm or ammunition you obtain from us is stolen, you agree to file a timely police report relating to theft of any of the Goods.
17. Modifications/Effect of Waiver. No waiver or modification of this Agreement, in whole or in part, will be valid unless in hard copy writing and duly manually executed by each of the Parties. No verbal or email course of dealing shall reduce the effect of this requirement. Any waiver of any term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach.
18. Force Majeure. If by reason of acts of God, floods, storms, explosion, fires, labor troubles, strikes, insurrection, terrorism, revolution, political instability, kidnapping, riots, acts of the public enemy, or foreign, federal, state or local law, order, rule, or regulation, server or internet failure, Seller is practically prevented from complying with any term or condition of this Agreement, or from complying with any express or implied term in the Agreement, then while so prevented the term or condition shall be suspended and Seller shall be relieved of the obligation of complying with such covenant and shall not be liable for damages for failure to comply with it.
19. Severability/Enforceability. In the event that any paragraph or provision of this Agreement is held to be illegal, invalid or unenforceable by any court of competent jurisdiction, such holding will not affect the validity or enforceability of the remaining paragraphs or provisions. To the extent that any paragraph or provision is rendered so unenforceable, including without limit because it is overly broad or unduly narrow, that paragraph or provision shall be modified, limited or expanded to the extent required by applicable law in order to become enforceable, and shall be construed as having originally been so drafted.
20. Attorney’s Fees. If any dispute arises between the Parties under this Agreement, even if such dispute is not litigated, the prevailing Party shall be entitled to their actual costs and fees relating thereto, including without limit their actual attorney’s fees and costs, payable by the other Party.
21. Counterparts. This Agreement may be executed by electronic acceptance, and in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Facsimile and electronic signatures, such as the ticking or marking of a box or acceptance button, shall count as originals.
22. Please refer to our "Warranty" page for information on our Limited Life Time Warranty.