TERMS
OF SALE
SHIPPING,
RETURNS AND EXCHANGES
October 31, 2020
These Terms of Sale apply to all Customers of
www.ammo-sale.com
or any of the stores operated by American Outfitter, LLC
. (“Sites
”).
1.
Shipping and Delivery:
a.
Ship and/or delivery dates are not
guaranteed under any circumstances regardless of the method chosen for
shipping.
All
dates given, both verbally and written, are estimates based on average movement
of shipments. Any orders cancelled or returned due to shipping and/or
delivering delays are subject to all cancellation and return fees.
b.
Lost, Stolen or Damaged Packages,
If a package is lost, stolen or damaged in shipping a claim must be filed
with the shipping company. Damage must be reported within 2 days of receipt of
the package No replacements or refunds will be issued until the shipping
company has completed their investigation. Upon receiving the shipping
companies findings and they have decided to pay the claim we will either send a
replacement or refund the insurance proceeds at our discretion.
c.
Customers Are Responsible For All
Shipping Charges, Cost, And Fees.
The customer is
fully responsible for all charges, cost and fees related to/with returned
shipments and address changes. This includes but is not limited to
Undeliverable Addresses, Refused Packages, Address Changes, 3rd Attempt
Undeliverable Packages, Cancellation Of An Order After It Ships, and The Return
Of Packages To Our Facility With / Without Proper Notification, which includes
but is not limited to the issuing of a return merchandise authorization number
(RMA). Charges, Cost, and Fees may include but are not limited to shipping
charges, cost and fees to the customer, shipping charges, cost and fees back to
our facility, and shipping charges, cost and fees back to the customer. If a
package is returned to us and delivered to the wrong facility, the customer is
responsible for the charges, cost and fees related to shipping the package to
the proper facility. If the customer refuses to pay for any shipping charges,
cost, or fees accrued after the initial shipping of the package we reserve the
right to deduct all charges, cost and fees from the customers refund.
d.
Once a package has been delivered back to our
facility, we will attempt to contact the customer via the information they have
provided us. The customer has 2 business days from the time the package is
delivered to our facility to contact us and make arrangements for reshipping of
the package. After those 2 business days have elapsed, we reserve the right to
ship the package back to the proper facility, if it is not already been
delivered there, and issue the customer a refund minus the charges, cost and
fees mentioned in this agreement.
e.
Federal Trade Commission: FTC Rules, We ship all Orders “F.O.B Origen”. Customer assumes the liability of the goods when we hand over the goods to a common carrier for shipment to the customer.
f.
Uniform Commercial Code: Our Shipments our deemed “Shipping Contracts” under UCC rules. Which means the buyer takes title of the goods when we hand them over to a common carrier for shipment to the customer.
g.
Address Corrections/Changes After Order
Ships = Minimum of $20.00 + Shipping Fees
h.
Package Intercepts Minimum of
$20.00 + Shipping Fees
2.
Payments by Credit Card:
We will
accept credit cards payment as cash. In order to reduce credit card fraud,
we reserve the right to require identification of card holder. In some
cases, we may require a FAX copy of your credit card and Drivers license. We
will require FAX copies if your shipping address is other than your verified
billing address. We reserve the right to decline any credit card that
doesn't meet our internal policies. The buyer agrees not to process any
charge backs for any charge that the buyer had authorized. We will
credit your credit card for any items returned for refund or any items lost in
shipping that comply with the terms of this agreement. If this provision
is breached and a charge back is processed in violation of this agreement,
we may charge your card for the amount of the charge back, all bank fees,
and charge back fees.
3.
Order Cancellation fee:
When you place an
order with us it is a legal binding contract.
You may not arbitrarily cancel
your order with out approval from us and confirmation.
You may
request to cancel your order any time before it ships. However, the order is
not considered cancelled until we can verify that it has not shipped and you
receive our cancellation notification which could take up to two business days.
You understand and accept the fact that it may not be possible to cancel an
order in time before shipping regardless of how and when you send your
order. Please try and understand our shipping process. We have over 100,000
products online. Some products ship from our main location, some ship from
remote locations and some products ship directly from the factory. When we
receive your order, it is sent to the shipping location within minutes and
starts the shipping process. Some locations ship thousands of orders per day.
The orders are packed, labeled, and stacked on pallets for UPS to pick up twice
a day. We start to incur cost at that moment. It normally takes us one business
day to answer email, so by then it is usually too late to cancel. Your order
may still show in shipping department long after it ships. Most of our tracking
information is updated at night for the days orders.
Once your order is in the shipping department, it may not be possible to cancel
the order. All we can do is try.
The following cancellation fees will apply.
Orders placed directly with us will be charged 5% or $5.00, which ever is
greater. Orders placed on auction sites will be charged 10% or $10.00, which
ever is greater. If you refuse delivery of any package, you will be
charge shipping both ways, restocking fees and other administration fees we
incur. Once a package is shipped, the order can not be canceled. You must contact
us for return instruction.
4.
We Reserve The Right To Cancel Any Order
At Any Time For Any Reason.
5.
Exchange/Defective Products/Refund Policy
For
a more prompt exchange/refund, Please keep your invoice!
(a)
If it is necessary
to return merchandise for an exchange/refund, all merchandise must meet the
following conditions:
•
Returned
in original packaging.
•
Returned within (15) days. This can be
extended for special circumstances.
•
Returned
to us in re-sellable condition.
•
Copy
of invoice enclosed with merchandise.
•
You
must contact us for a RMA number and write the number on the package.
•
You
must return the goods to the warehouse(s) specified in the RMA, and it is the
customer's responsibility to verify the correct return address before sending
goods back. Any good shipped to the incorrect location will incur additional
shipping charges. We are not responsible for any goods returned to the wrong
address.
•
Enclose
a brief letter of explanation.
•
Merchandise
returned for refund is subject to a 15% restock fee.
•
Defective
items will be replaced if possible. If a defective item is returned for refund,
all restocking fees apply. If we do not have a replacement, you will get a 100%
refund of the purchase price of the item.
•
There
is a minimum restocking fee of $5.00.
•
Shipping
charges are not refundable.
•
If
you return an item for a refund that had free shipping, a normal shipping
charge will be deducted from the refund.
•
All
returns must be prepaid.
•
No COD's accepted.
(b)
Returns and Exchanges NOT Allowed On
AIR
PISTOLS, AIR RIFLES AND ANY OTHER TYPE OF AIR GUN
ALL SALES FINAL ON
AIR
PISTOLS, AIR RIFLES AND ANY OTHER TYPE OF AIR GUN
. All sales are final on
these items.
(c)
Returns and Exchanges NOT Allowed
On AMMUNITION. ALL SALES FINAL ON AMMUNITION. All sales are final on
these items.
(d)
Returns
and Exchanges NOT Allowed On
SCOPES if they have been mounted.
(e)
Returns
and Exchanges NOT Allowed On LEOPOLD
OPTICS
and other optics if the SEAL
has been BROKEN.
(f)
Returns
and Exchanges NOT Allowed On
Items manufactured by CAS
Hanwei
(g)
Returns
and Exchanges NOT Allowed On
Items manufactured by Leatherman
(h)
Returns and Exchanges NOT Allowed
On BLACK or SMOKELESS POWDERS and PRIMERS. ALL SALES FINAL ON
BLACK or SMOKELESS POWDERS and PRIMERS. All sales are final on these items.
(i)
Returns and Exchanges NOT Allowed
On Floor Safes
(j)
Returns and Exchanges NOT Allowed
On UNDERGARMENTS and / or SWIM WEAR. ALL SALES FINAL ON
UNDERGARMENTS
and / or SWIM WEAR
. All sales are final on these items.
(k)
Returns and Exchanges NOT Allowed
On
SAFETY GEAR including harnesses, helmets, and
ropes
due to safety concerns. All sales are final on these items.
(l)
Returns and Exchanges NOT Allowed
On Tree stands of any kind. All sales are final
on these items.
(m)
Returns and Exchanges NOT Allowed
On Bows and / or Crossbows of any kind. All
sales are final on these items.
(n)
Returns and Exchanges NOT Allowed
On First Aid Items of any kind. All sales are
final on these items.
(o)
If the merchandise you wish to receive is out of
stock, a refund/credit will be issued promptly. All returns for refund
paid by credit card will receive a credit to the credit card.
(p)
Any questions concerning an exchange/refund should be
directed to our customer service department at Toll Free 1-888-LG-SHOPZ ( 1-888-547-4679). If the merchandise you receive is
defective, call our customer service department for instructions.
(q)
For a prompt exchange/refund, return all merchandise
to the location specified in the RMA acknowledgement.
(r)
Item Condition and Packaging
•
Items
will only be accepted for return if the item itself and it's
packaging are in new, unopened and unused condition. This includes blister
packs and shrink wrapping that an item may come in. Certain manufactures, like Leupold, will not allow us to take items back that the
blister pack and or shrink wrapping have been opened.
•
In
cases that we are unable to take an item back you will need to contact the
manufacture for warranty work.
6. Warranty/Defective Items/Missing Parts
*All defective and/or warranty products should be handled
through the manufacturer.*
*Claims for missing items or items damaged in transit must be
received / reported to us within three business days of deliver of
merchandise.*
•
We
are not a repair facility and can not accept items for repair or warranty work. We do not have spare parts.
•
All
warranties are through the manufacturer of the product.
•
If
the product is missing parts and/or is defective, the customer should first
contact the manufacturer for parts and/or repairs. The fastest way to resolve a problem of a missing part, is to contact
the manufacturer first. Most manufacturers will send you the mmissing part at no cost very quickly. If the product appears defective,
the fastest resolution is to contact the manufacturer. Often they can walk you through a
fix or exchange the product faster that we can.
•
If you are having dificulty contacting the manufacturer or the manufacturer is unable to help you,
then contact us and we will contact the manufacturer on your behalf and assit in a resolution.
Manufacturers Warrantees Authorized Retailer
It has come to our attention that a few manufacturers, in an attempt to control the marketplace, are trying to limit retailers, like ourselves, from selling their products online and / or on third party websites such as Amazon and eBay. They are threatening not to honor their factory warranty if we sell on these sites and we simply do not find this right or ethical.
They do this by claiming retailers of their product are unauthorized sellers. Even though their product was purchased legitimately thru normal distribution channels. They often do this because they want exclusive rights to sell their products on these websites and / or they think retailers are selling their product too cheaply. This is an unfair way they manipulate the marketplace and control prices.
We at American Outfitter, LLC., DBA Ammo Sale, will therefore honor any manufacturer’s warranty with a replacement, repair or refund, at our discretion, in line with the original manufactures warranty should any manufacturer refuse to honor their original warranty by claiming we were not and authorized retailer. All manufactures warranties terms and conditions must be met under the original manufactures warranty for this offer to be valid.
7.
Charge Backs:
The customer
agrees not to proceed with any actions that would dispute and / or recover any
charges, cost or fees that we have collected and / or deducted from the
customers refund / account. This includes but is not limited to charge backs
and canceling checks. If the customer does pursue any actions that would
dispute and / or recover any charges, cost and fees that we have collected and
/ or deducted from the customers refund / account they agree to pay for any
charges, cost or fees we may accrue defending such actions.
8.
Feedbacks and Reviews:
We welcome any honest and truthful feedback and reviews but any written or spoken untruthful, unsubstantiated damaging
statements against us are a breach of contract. The buyer agrees not to commit Defamation, Libel or slander against us in any public or
private forums. Any breach of this section will constitute breach of contract nnd the stipulated Liquidated damages referenced in this
document will apply.
9.
Applicable Taxes and Fees:
Most states now require internet retailers to collect and remit sales tax based on economic nexus
(shipping into their state). On June 21, 2018, the U.S. Supreme Court overturned the 1992 Quill Corp. vs. North Dakota
ruling which had held that internet sellers must have a physical presence in a state before they are required to collect
sales tax in that state.
We charge applicable state and local sales taxes in states in which we have an obligation to collect such taxes. We also collect
applicable compliance fees in some states. We follow the rules of each state based on the shipping address where the order is to
be received.
10.
Miscellaneous:
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with,
the Sites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any
provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any
other provisions in this Agreement.
11.
Dispute Resolution
:
If a dispute arises between you and us, our goal is to
provide you with a neutral and cost effective means of resolving the dispute
quickly. We strongly encourage you to first contact us directly to seek a
resolution by sending an email to
service@ammo-sale.com
. We will consider
reasonable requests to resolve the dispute through alternative dispute
resolution procedures, such as mediation or arbitration, as alternatives to
litigation. American Outfitter, LLC.
sets the sum of $1,500.00 as liquidated damages for breach of this agreement above a reasonable attorney's fee, court cost and Service of process fees..
a.
Choice of Law
and Forum
.
This
Agreement shall be treated as though it were executed and performed in Elmore
County Alabama and shall be governed in all respects by the laws of the State
of Alabama without regard to conflict of law provisions. You agree that any claim
or dispute you may have against us must be resolved by a court located in Elmore
County Alabama, except as otherwise agreed by the parties. You agree to submit
to the personal jurisdiction of the courts located within Elmore County Alabama
for the purpose of litigating all such claims or disputes.
b.
Improperly
Filed Claims
. All claims you bring
against us must be resolved in accordance with this Dispute Resolution Section.
All claims filed or brought contrary to this Dispute Resolution Section shall
be considered improperly filed. Should you file a claim contrary to the Dispute
Resolution Section, we may recover attorneys' fees and costs, provided that we
notified you in writing of the improperly filed claim, and you have failed to
promptly withdraw the claim.
**The
customer is responsible for any and all charges, cost or fees accrued by as a
result of a chargeback being filed. These charges, cost and fees include but
are not limited to a $25.00 chargeback initiation fee, arbitration cost, and
any legal cost. **
** Any breach of these Terms of Sale is also a breach of our Terms and Conditions
. **