GULFCOASTGUN.COM TERMS OF SALE
- 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.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER, YOU RESIDE IN THE UNITED STATES, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT 18 YEARS OF AGE OR OLDER, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
DUE TO VARYING FEDERAL, STATE, AND/OR LOCAL LAWS, SOME ITEMS AVAILABLE FOR PURCHASE MAY REQUIRE YOU TO BE 21 YEARS OF AGE OR OLDER IN ORDER TO PURCHASE THEM.
IT IS YOUR RESPONSIBILITY TO REVIEW APPLICABLE FEDERAL, STATE, AND/OR LOCAL LAW TO CONFIRM THAT THE ITEMS YOU INTEND TO PURCHASE ARE NOT SUBJECT TO ANY LEGAL RESTRICTIONS, INCLUDING BUT NOT LIMITED TO, AGE RESTRICTIONS, IN YOUR STATE OR LOCAL AREA.
These terms and conditions (these “Terms“) apply to the purchase and sale of products and services through GULFCOASTGUN.COM (the “Site“). These Terms are subject to change by GULFCOASTGUN.COM (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 prior to purchasing any product or services that are 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.
- Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services 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.
- Prices and Payment Terms.
- Prices posted on this Site may be different than prices offered by us at Gulf Coast Gun & Outdoors. All prices, 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 in 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.
- 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.
- Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit cards, checks, money orders and in person cash payments for all purchases. Returned checks will be subject to a $35.00 fee. If paying by credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, 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.
- Shipments; Delivery; Title and Risk of Loss.
- We will arrange for shipment of the products to you or to a Federal Firearms License Dealer (“FFL Dealer”). 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.
- We cannot ship firearms directly to you. Firearms must be shipped to an FFL Dealer. IT IS YOUR RESPONSIBILITY TO LOCATE AN AUTHORIZED FFL DEALER AND PROVIDE US WITH THEIR NAME AND SHIPPING ADDRESS. The FFL Dealer will notify you once they have received your firearm. You must pick up the firearm in person from the FFL Dealer. When you arrive at the FFL Dealer to pick up your firearm, they will also conduct a background check and have you fill out the required federal, state, and local paperwork. The FFL Dealer will charge you a nominal fee for the transfer, background check, and paperwork. The exact amount of the fee is determined by each individual FFL Dealer. To find an FFL Dealer near you, visit https://www.atf.gov/firearms/updated-atf-federal-firearms-licensee-ffl-listings-page.
- Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Returns and Refunds. If you are not satisfied with your purchase, please contact us for a Return Merchandise Authorization (RMA) request within 10 business days of the receipt of the product. The product must be returned within 10 business days of the issuance of the RMA. All products must be packed in the original packaging, including any accessories, manuals, documentation and registration that shipped with the product.
- If the item is returned unopened in the original box, we will exchange it, offer you store credit, or offer you a refund, less 25% restocking fee, based on your original method of payment.
- If the item is opened or removed from its original packaging, an additional 15% open box fee will be assessed in addition to the 25% restocking fee (totaling 40%).
- If an item is returned because transfer to you would violate Federal, State, or Local Law, a 25% restocking fee will be applied regardless of whether it is unopened.
- WE DO NOT PERMIT THE RETURN OF THE FOLLOWING PRODUCTS:
- Special orders and products that are custom configured to your specifications;
- Products sold “as is” or “used” or that have been installed or used after receipt;
- Firearms, once transferred to buyer;
- Illumination devices, electronic sights, optics and night vision equipment.
- You are responsible for shipping and handling charges for returns and exchanges, as well as for shipping charges on shipments that are refused. You bear the risk of loss during shipment. Therefore, we strongly recommend that you use a carrier that offers shipment tracking for all returns, and either insure your package for safe return or declare the full value of the shipment so that you are protected if the shipment is lost or damaged in transit. If you chose not to use a carrier that offers tracking and insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping. The United States Postal Service (USPS) offers limited tracking capabilities and that there is a 30-calendar-day waiting period before USPS will initiate a trace.
- For defective returns, please refer to the manufacturer’s warranty (see Section 14) included with the product or as detailed in the product’s description on our Site.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
- No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of GULFCOASTGUN.COM.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- To You. 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.
- To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to [email protected] or (ii) by personal delivery, overnight courier, or registered or certified mail to GULFCOASTGUN.COM, LLC, 5851 Highway 90, Milton, Florida 32583. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or 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.
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services 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 or services offered on our Site. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
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.
- Warning and Limitation of Liability.
- FIREARM TRANSFER AND USE IS SUBJECT TO GOVERNMENT REGULATION. IT IS YOUR ULTIMATE RESPONSIBILITY TO ENSURE YOU ARE IN COMPLIANCE WITH ALL REGULATIONS THAT APPLY TO THE PURCHASE OF FIREARMS AND AMMUNITION.
- SOME OF THE GOODS GULFCOASTGUN.COM OFFERS FOR PURCHASE MAY BE RESTRICTED BY FEDERAL, STATE, AND/OR LOCAL LAW.
- ALL FEDERAL AND STATE FIREARMS REGULATIONS ARE AVAILABLE ON THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF) WEBSITE WWW.ATF.GOV.
- PRIOR TO PURCHASE, IT IS YOUR RESPONSIBILITY TO REVIEW APPLICABLE FEDERAL, STATE, AND/OR LOCAL LAW TO CONFIRM THAT THE ITEMS YOU INTEND TO PURCHASE ARE NOT SUBJECT TO ANY LEGAL RESTRICTIONS, INCLUDING BUT NOT LIMITED TO AGE RESTRICTIONS, IN YOUR STATE OR LOCAL AREA.
- IN NO EVENT SHALL GULFCOASTGUN.COM BE LIABLE TO BUYER FOR PURCHASES MADE IN VIOLATION OF FEDERAL, STATE AND/OR LOCAL LAW.
- IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.