Purchaser: Please read the following General Terms & Conditions carefully. Your click or similar agreement binds you to the following terms and conditions for the sale. THIS IS A CONTRACT AND YOUR PURCHASE OR PAYMENT OR ORDER PLACEMENT IS AN ACCEPTANCE OF THESE TERMS AND CONDITIONS.
“KGI” is a shortened reference for Knesek Guns, Inc. an Arkansas corporation which is the Seller herein.
“GT&C” refers to this document, the general terms and conditions.
“RAN” refers to a return authorization number.
An “FFL” is a federally licensed firearms dealer.
GENERAL TERMS & CONDITIONS
The following General Terms & Conditions (GT&Cs) Apply to Purchases and Sales of Firearms by Knesek Guns, Inc. (“KGI”) in Transactions into the terms of which these GT&Cs are incorporated by reference. These terms and conditions are binding as if set out word for word in a contract for sale. If you disagree with or cannot meet any of the following terms and conditions then the contract cannot be fulfilled. These general terms and conditions constitute a contract between KGI, the Seller, and the customer, or Buyer. The Buyer accepts the sales agreement by making the purchase, placing the order, or otherwise shopping on our website or in our store. The terms and conditions of this sales agreement are subject to change without prior notice except those terms and conditions agreed upon at the time of purchase.
AGE AND IDENTIFICATION
You must be at least 18 years of age to purchase ANY item from KGI. KGI reserves the right to request a copy of your state identification before shipping any item. Seller reserves the right to request further forms of proof as to Buyer’s identification and age.
All orders are shipped as quickly as possible We regularly ship firearms and equipment via FedEx or USPS unless otherwise specified. Purchases will be placed in suitable packaging for shipping, the cost of which may be passed on to Buyer. Rush orders will be placed on top priority. You may request that your package be insured for more than the standard carrier amount. This may delay your product’s arrival and will lead to additional charges.
EXCHANGE, REFUND AND RETURN POLICY
A NONREFUNDABLE 30% deposit is required on all special orders. Deposits may be transferred to another item if the manufacturer is unable to deliver the product to KGI in a timely manner, but Buyer must inform KGI within 1 year. Purchases should be inspected within three days of receipt. Failure to make the inspection within three days of receipt may lead to ineligibility for returns, exchanges, etc. If you are not satisfied, the unfired gun may be returned to KGI for exchange only. To return an item for exchange, customers must contact KGI to receive a RAN, or return authorization number, to place on the outside of the box the item was shipped in. All items without a RAN will be refused. KGI is not responsible for shipping and insurance on exchanges. The liability is on Buyer for the loss or damage of any package on a return. If you have not made contact with KGI within Two (2) years from the date you place your order with KGI, all orders will and shall be considered cancelled and all business completed unless specifically outlined in a separate agreement. Should you elect to cancel your order with KGI and should you elect not to make an exchange as set forth hereinabove, you hereby agree and acknowledge your deposit will be considered forfeited and such will be retained by KGI and treated as liquidated damages for your cancellation of such order. No Credit Cards can be used for backordered items or special orders. Only check or money order can be used. We allow a three-day Inspection period on items. The three-day inspection period counts only business days as applied to Seller. There are absolutely no returns on loaded ammunition, powder or primers due to liability and insurance issues beyond our control. Please make sure you are buying exactly what you need.
If you have any questions please call Seller at 479-474-1680.
If KGI is delayed in or prevented from performing, in whole or in part, any of its obligations under a transaction due to causes that are beyond KGI’s reasonable control and without the fault or negligence of the party affected thereby (“Force Majeure”), and KGI gives oral notice and full details of the Force Majeure to the other party as soon as reasonably practicable after the occurrence of the Force Majeure, then during the period for which KGI’s performance is prevented by such Force Majeure but for no longer period, the obligations of such affected party under such affect transaction shall be excused to the extent performance is so prevented.
It is further understood and agreed that the current political climate has greatly delayed shipments from manufacturers. Thus, the time that will elapse between your order and KGI’s shipment of such to you may be delayed significantly. Such delay shall not affect your agreement to pay for the firearms ordered and to be bound by these GT&Cs.
KGI is not liable or responsible for any uncertainty created by the political climate.
KGI is not liable or responsible for delays created or experienced by carriers such as the United States Postal System, United Postal Service, Federal Express, or other like carriers.
By purchasing from KGI you agree to follow all manufacturer safety instructions and to use the firearm(s) in a safe manner and for legal purposes.
By accepting these terms and conditions, you are hereby acknowledging:
1. You are responsible for checking all local laws before ordering an item from KGI, or any manufacturer whose product is sold here;
2. You are responsible for complying with all firearm laws in your area and you are at least 18 years of age.
3. You are assuming all responsibility for the legality of a specific item(s) when you purchase it.
4. You are responsible for payment for all orders placed through this online system. If you do not want it, please do not order it.
YOU MAY CANCEL YOUR ORDER AT ANY TIME BUT PLEASE BE AWARE THAT A 30% CANCELLATION FEE IS DUE ON ANY ORDER AT THE TIME OF CANCELLATION IF YOU HAVE PLACED A DEPOSIT. Per State law, we are only able to discuss orders with the individual customer. If you feel you have a special
situation, please feel free to contact our staff to discuss your needs.
PRICE & DESCRIPTION ERRORS
All pricing is subject to change without notice. Seller reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements, and any other extenuating circumstances. Online inventory changes daily. We try very hard to make sure there are no errors. KGI will not guarantee that titles, pictures, or descriptions on our site are error free. KGI reserves the right to refuse any order including but not limited to orders for items with errors in the price or description. In the event that an order is canceled due to an error in the price or description, KGI will not charge the customer and we will return funds in full if payment has been sent. This will be done in a reasonable time. KGI reserves the right to delay refunds pending the validity of a transaction if made by wire or check. If a customer places an order that contains an error, KGI will not process the order without first contacting the customer. If an order is mistakenly shipped, we may advise the customer to return the item in an unopened condition and we will not bill the customer. By placing an order with KGI, the customer agrees that Knesek Guns, Inc. will be the final arbiter of any discrepancies.
If any changes must be made with paperwork (DSP-83, END USER CERTIFICATE, etc.) customer may be responsible for a service charge of $250 per instance. Deposits and payments are NON-REFUNDABLE for international/export orders. Customer’s balance may be transferred to other items if approval is severely delayed or halted. Service charge may apply. KGI is not liable or responsible for knowing or complying with the law in the Buyer’s country unless otherwise stated.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
This site is provided by Knesek Guns, Inc. on an AS IS basis. Knesek Guns, Inc. makes no warranties of any kind, express or implied regarding the operation of this site or the information, content or products appearing on this site. To the fullest extent permissible by law Knesek Guns, Inc. disclaims all warranties express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose and also such warranties for any merchandise offered on this site. This disclaimer does not apply to any product warranty offered by the manufacturer of any product sold on this site. In some jurisdictions limitation of liability are not permitted. In such jurisdictions some of the foregoing limitations may not apply to you. Knesek Guns, Inc. its employees, officers, agents, and suppliers shall not be liable for any damages of any kind arising from the use of this site including direct, indirect, incidental, punitive, or consequential damages whether in contract, negligence or tort even if Knesek Guns, Inc. knew or should of known of the possibility of such damages. Your use of this website is at your sole risk. If you are dissatisfied with the website or content of the site you are sold, the exclusive remedy is to discontinue using the site.
All products sold on this site are for adult use only and by ordering on this site you certify that you are of legal age and not prohibited from purchasing the products. Merchandise listed herein is not for sale in any state district of territory where the receipt, possession sale of use of any such merchandise is prohibited.
GOVERNING LAW AND CHOICE OF FORUM
EACH TRANSACTION AND THE RIGHTS AND DUTIES OF THE PARTIES ARISING THEREFROM SHALL BE GOVERNED BY AND CONSTRUED, ENFORCED AND PERFORMED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARKANSAS WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAWS. EACH PARTY AGREES THAT IT WILL BRING ANY ACTION OR PROCEEDING IN RESPECT OF ANY CLAIM ARISING OUT OF OR RELATING TO ANY TRANSACTION, WHETHER IN TORT OR CONTRACT OR AT LAW OR IN EQUITY, OR BASED ON ANY STATUTE, REGULATION OR OTHER GROUND FOR RELIEF, EXCLUSIVELY IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS OR THE STATE CIRCUIT COURT LOCATED IN SEBASTIAN COUNTY, ARKANSAS, FORT SMITH DIVISION (THE “CHOSEN COURTS”) AND (I) IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE CHOSEN COURTS, (II) WAIVES ANY OBJECTION TO LAYING VENUE IN ANY SUCH ACTION OR PROCEEDING IN THE CHOSEN COURTS, (III) WAIVES ANY OBJECTION THAT THE CHOSEN COURTS ARE AN INCONVENIENT FORUM OR DO NOT HAVE JURISDICTION OVER ANY PARTY HERETO AND (IV) AGREES THAT SERVICE OF PROCESS UPON SUCH PARTY IN ANY SUCH ACTION OR PROCEEDING WILL BE EFFECTIVE IF SERVICE IS PERFECTED, AS PROVIDED BY THE LAWS OF THE STATE IN WHICH SERVICE IS HAD.
IT IS THE INTENTION OF THE PARTIES TO THIS CONTRACT AND ALL SUITS AND SPECIAL PROCEEDINGS UNDER THIS CONTRACT, BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED, TO THE EXCLUSION OF THE LAW OF ANY OTHER FORUM, BY THE LAWS OF THE STATE OF ARKANSAS, WITHOUT REGARD TO THE JURISDICTION IN WHICH ANY ACTION OR SPECIAL PROCEEDING MAY BE INSTITUTED.
IF ANY TERMS OR PROVISION OF THIS AGREEMENT ARE DETERMINED TO BE INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THE REMAINDER OF THIS AGREEMENT WILL NOT BE AFFECTED AND EACH UNAFFECTED TERM AND PROVISION OF THIS AGREEMENT WILL BE VALID AND BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.
HEADINGS ARE INSERTED FOR THE CONVENIENCE OF THE PARTIES ONLY AND ARE NOT TO BE CONSIDERED WHEN INTERPRETING THIS AGREEMENT. WORDS IN THE SINGULAR MEAN AND INCLUDE THE PLURAL AND VICE VERSA. WORDS IN THE MASCULINE GENDER MEAN AND INCLUDE THE FEMININE GENDER AND VICE VERSA. WORDS IMPORTING PERSONS INCLUDE FIRMS AND CORPORATIONS AND VICE VERSA.