Terms and Conditions

1. Introduction

PLEASE READ THESE TERMS AND CONDITIONS OF SALE (“SALE AGREEMENT”) VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS HEREIN (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH PINKGUN LLC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).

2. Sales Agreeement

This Sale Agreement is a legal contract between the Customer and PINKGUN LLC. The “Customer” lawfully states they are of 21 years of age or older and if customer is purchasing a firearm, it is intended for themselves and not a straw purchase (i.e purchasing for someone other than themselves) and accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Website -pinkgun.com. (References to “you” or “your” shall relate to the Customer; references to “PINKGUN LLC” and “Pinkgun.com” shall relate to PINKGUN LLC and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, but policy updates will be delivered to customers within 30 days. Customer excepts that the terms and conditions posted on/at; pinkgun.com 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 PINKGUN LLC relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by PINKGUN LLC. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records and offers, which may be provided via web browser, e-mail, sms messaging, social media platform messaging and ads space, and other forms of electronic  contact that is connected to the Internet; consumers may withdraw / opt-out to receiving electronic records / offers by messaging STOP for SMS messaging, and clicking the “unsubscribe” button found in all consumer facing marketing materials. 

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, you agree that the provisions of this Sale Agreement and the final sale invoice shall control.

3. Governing Law

THIS AGREEMENT AND ANY SALES HERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN HAMILTON COUNTY or CLERMONT COUNTY, OHIO FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.

4. Risk of Loss

Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified. Loss or damage that occurs during shipping by a carrier is NOT PINKGUN LLC responsibility. Please rest assured that your product is properly secured in bubble wrap and extra paddings to practically guarantee a satisfactory delivery.   

 

5. GENERAL LEGAL DISCLAIMER

PINKGUN LLC 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 PINKGUN LLC IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.

6. PRICING AND INFORMATION DISCLAIMER:

All pricing subject to change without notice, but is updated during our lowest website traffic times. Updates on pricing and policy typically update between 3am and 5am eastern standard time. For all prices, products and offers, PINKGUN LLC reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While PINKGUN LLC uses reasonable efforts to include accurate and up-to-date information on the website, PINKGUN LLC makes no warranties or representations as to the Site’s accuracy. PINKGUN LLC assumes no liability or responsibility for any errors or omissions in the content on the website.

7. Made in the USA Logos

All “Made In The USA” information is taken directly from the manufacturer, their brochures or public information. PINKGUN LLC makes no warranties as to the legitimacy of the claims. The “Made In The USA” logo is used to signify that either all of the products, components and labor is done within the U.S., or the product is assembled in the U.S. of U.S. and foreign components.

8. LIMITATION OF LIABILITY

PINK GUN LLC will 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. PINK GUN LLC will 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, PINK GUN LLC is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.

It is the responsibility of the buyer to ascertain and obey all applicable local, state and federal laws in regard to the possession and use of any item purchased from PINK GUN LLC. All products are 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 of having lawfull access to own and or process a firearm. Absolutely no sales to minors. 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. PINK GUN LLC nor any of its employees shall not be held liable for the misuse of any product purchased from us. When you purchase an item from PINK GUN LLC, you release PINK GUN LLC and any or all of their employees and federal firearms licensees (firearm retail) affiliates of any liability regarding your or your associates actions concerning the sale, use, ownership and shipping of any products ordered.

9.ARBITRATION

Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), PINK GUN LLC advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the “Code”) in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in CLERMONT COUNTY, OHIO. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

10. ORDERS; PAYMENT TERMS; INTEREST; TAXES

Orders are not binding upon PINK GUN LLC until accepted by PINK GUN LLC. Terms of payment are within PINK GUN LLC’s sole discretion. Invoices are due and payable within the time period noted on the invoice if invoice is delivered or applicable in nature, measured from the date of the invoice. PINK GUN LLC may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the rate of 10%. The Customer is responsible for sales and all other taxes associated with the order. PINK GUN LLC collects OHIO sales tax on all orders.

11. Shipping Policy

See Shipping Policy page for complete details.

12. Return Policy

See Return Policy page for complete details.

13. Payment Methods

We accept all major credit cards and process all of our transactions through Revere Payments. Our eCommerce solution is PCI compliant and provides the highest level of consumer data protection and exceptional buyer and seller fraud protection and service. 

 

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