General Terms and Conditions of Sale
- Prices: All prices are quoted in U.S. currency and are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price changes 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 total and will be itemized in the shopping cart and in the order confirmation email. While we strive to display accurate price information, 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.
- Terms of Payment. The terms of payment are within our sole discretion and payment must be received by us before our acceptance of your order.
- Methods of Payment. We accept the methods of payment identified during the checkout process on our website, including all major credit cards. You represent and warrant that (i) the credit card or other payment information you provide us is true, correct and complete; (ii) you are duly authorized to use that credit card or payment method for the purchase; (iii) charges incurred by you will be honored by your credit card company or payment method processor; 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 our website at the time of the order.
- Except for firearms that must be shipped to a person holding a federal firearms license (FFL), products will only be shipped to the owner of the credit card or the account holder of the payment method used to make the purchase.
- Purchasing Firearms Online. It is illegal to ship firearms to anyone not holding an active Federal Firearms License (FFL). For that reason, firearms purchased online may be picked up at our store or shipped to an FFL (gun store) near you. We may contact and verify the FFL you select during checkout before we ship your firearm(s). The buyer is encouraged to contact the receiving FFL licensee before purchase.
- We Do Not ship firearms to the state of California, Hawaii or to Washington D.C.
- We do not ship firearms with magazines greater than a 10 round (or greater) capacity to the states of Rhode Island, New Jersey, Washington, California, & Oregon.
- Ammunition Purchases. You must be 18 or older to purchase rifle or shotgun ammunition and 21 or older to purchase handgun ammunition. All ammunition will be shipped ground with adult signature required. Always make sure to use the correct ammunition for your specific firearms. Check your local laws for any other regulations.
- We DO NOT ship ammunition to the state of California or New York.
- Online Price and Description Errors. Online inventory changes every day. Occasionally an item may appear on the site by mistake or the item's description may contain a typographical error. We do not guarantee that titles, descriptions, pictures or prices on our site are error-free. We reserve the right to refuse any order including but not limited to orders for items with errors in the description or price. In the event that we cancel an order we will not charge the customer's credit card or we will refund the money.
- Cancellations: You may cancel your order until your order is in process to be packaged and shipped. After that time, we are unable to cancel your order. If your order has shipped and you refuse delivery, a 20% restocking fee and return shipping costs will be charged. (Additional limitations exist for the purchase of firearms, as provided under separate sections below.)
- Returns: We do not accept returns or exchanges on firearms or NFA items unless the item you purchased is damaged during shipping. For any defective products covered under the manufacturer’s warranty policy, you must work directly with the manufacturer. To return a product to us, you must contact us to obtain a Return Merchandise Authorization (“RMA”) number. No returns of any type will be accepted by us without an RMA number. Shipping charges for all returns must be prepaid and insured by you. You are responsible for any loss or damage to the product during shipment. Shipping and handling charges are not refundable, and any amounts refunded will not include the cost of shipping or any applicable restocking fees. The sale of firearms and related firearms accessories are final (as discussed under the firearms sections below).
- NFA or Class III Non-Approval. We will do everything in our power to avoid a Non-Approval. A 50% restocking fee of NFA item will be imposed. You will need to contact the ATF where the $200 tax stamp is due for reimbursement.
- General Representations and Warranties. You represent and warrant that: (i) you have the legal power and capacity to enter into these Terms and Conditions of Sale (“Agreement”) and perform all of your obligations and responsibilities hereunder, including being of the requisite age required by law to complete any purchase of a product hereunder, (ii) this Agreement constitutes a valid and binding agreement, enforceable against you in accordance with their terms; and you accept this Agreement (whether by clicking “I Accept,” when placing or order or otherwise indicating your assent to this Agreement), you are subject to and will be bound by this Agreement.
- Agreement for Firearms Purchases. By placing an order for a firearm with us, you agree and accept each of the following provision:
- You agree to and accept the responsibilities as outlined below under “Your Responsibilities.”
- You are at least of 21 years of age.
- You are the actual transferee/purchaser of the firearm or other restricted product you order, and you are not ordering or acquiring such item on behalf of any other person in violation of federal, state, or local law.
- By purchasing or receiving products from us, you are not violating any local, state, or federal law, which are constantly changing by legislatures and courts, and you have made an independent determination of those laws rather than relying on the summaries provided by us. (You are responsible for understanding and complying with all applicable laws.)
- You are not a “prohibited person” restricted from transporting, receiving, or possessing firearms or ammunition (see list below for “Who Are ‘Prohibited Persons’”).
- You agree that if any of your representations when making purchases of firearms from us are incorrect or if you fail to comply with the terms and agreements provided under our Terms and Conditions of Sale, you knowingly, voluntarily and expressly waive any and all claims and will indemnify, defend, hold harmless, and release us, our owners, agents, officers, and employees against any civil liability or criminal prosecution arising from any claim, cause of action, or legal dispute of any kind arising from or relating to the transaction or our enforcement of these terms and conditions.
- Your Responsibilities. It is your responsibility to:
- Understand local, state, and federal firearm laws and ensure that your firearms and related purchases of regulated products comply with those laws;
- Understand and follow your local, state, and federal laws regarding the storage and use of your firearms;
- Follow all manufacturer safety instructions and to use any such firearm in a safe manner, in an approved area, and solely for legal purposes;
- Follow the Rules for Gun Safety;
- Understandings and Acknowledgments.
- Limited Liability Company. You acknowledge that Untouched Duck Armory, LLC is a limited liability company and, as such, its owners/members are acting on behalf of that company and not personally liable for its debts and liabilities.
- 2. Manufacturer’s Warranties. You acknowledge that for products not manufactured by us, 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.
- Export Limitations. You agree not to export firearms purchased from us in violation of local, state, or federal law.
- 15. Provisions Independently Enforceable. You agree that the provisions of the terms and conditions of this Agreement are intended to be as broad and inclusive as permitted by law. If any provision of this Agreement is held illegal, invalid, or unenforceable, the remaining provisions shall not be impaired.
- Release of Liability. You agree that by placing your order, you knowingly, voluntarily and expressly release us from any and all liability arising from or related to the products you purchased from us, including (but not limited to) your or anyone else’s use of the firearm, your or anyone else’s storage of the firearm, and your or anyone else’s handling or transportation of the firearm, and you agree to indemnify, defend, hold harmless, and release us and our owners, agents, officers, and employees against any civil liability or criminal prosecution resulting from the products you purchased from us.
- You understand that we assume no, and you agree to hereby release us from any, responsibility for product defects or malfunctions or for physical injury or property damage, whether resulting in whole or in part from criminal or negligent use of a product, improper or careless handling, unauthorized modifications; use of defective, improper hand-loaded, reloaded or remanufactured ammunition; your abuse or neglect of the product or other influences beyond our direct and immediate control; or otherwise.
- You understand that handling, cleaning or discharging a firearm, ammunition, or ammunition components may cause exposure to lead, and you hereby hold us harmless from and assume all responsibility and liability for any lead exposure.
- Limitations in Liability.
- Exclusion of Damages. To the maximum extent permitted by applicable law, under no circumstances will we be liable for consequential, incidental, special, indirect, or punitive damages, howsoever arising in connection with this Agreement, the products, or the use, or inability to use, our website, even if we have been advised of the possibility of such damage.
- Limits on Amount of Liability. To the maximum extent permitted by applicable law, our aggregate cumulative liability for damages arising in connection with the products, this Agreement, or our website (regardless of the form of action, whether in contract, tort or otherwise) will be limited to, and will in no event exceed, the amount paid by you to us in respect of the particular product in connection with which the claim arises.
- The foregoing exclusions and limitations shall apply regardless of whether any remedy fails of its essential purpose.
- Indemnification. You agree to indemnify, defend, and hold us and each of our respective owners, managers, directors, officers, employees and agents (collectively, the “Indemnified Parties”) harmless against any and all damages, liabilities, losses, fines, penalties, assessments, judgments awards, costs and expenses (including, without limitation, reasonable attorneys’ fees) suffered or incurred by the Indemnified Parties in connection with any suit, action, claim, investigation or proceeding brought by a third party (including, without limitation, any governmental authority) arising out of or in connection with: (i) your failure to comply with applicable laws, (ii) your breach of this Agreement, or (iii) your negligent or intentional misconduct.
- Dispute Resolution and Binding Arbitration.
- You agree to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
- Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to this Agreement or your use of our website, will be resolved exclusively and finally by binding arbitration.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the applicable AAA rules then in effect (the “AAA Rules”), except as modified by this Section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
- The place of arbitration will be *** city, county, Texas. The arbitration will be conducted by a single arbitrator chosen by you and us or, if the parties do not agree on the arbitrator, an arbitrator selected in accordance with the AAA Rules. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. Subject to the terms and conditions of these Terms and Conditions of Sale (including the exclusions, limitations and disclaimers set forth herein), the arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The parties shall bear equally all fees and costs of arbitration, including, without limitation, AAA fees and arbitrator fees. Each party shall be responsible for its own attorneys’ fees and expenses.
- Secure Transmission. All information collected during the checkout process is transmitted via industry standard Transport Layer Security (TLS). A Transport Layer Security (TLS) Certificate (or SSL Certificate) creates an encrypted connection between a Web site and a visitor's Web browser. This link ensures that all data passed between the Web site and the browser remains private and secure.
- Venue. You agree that any legal disputes you may have with us are governed by the laws of the State of Indiana and the venue for any legal action or litigation shall exclusively be the County of *** County, Texas. You further agree that any litigation, suit, action, or proceeding not filed within *** County, Indiana, shall be immediately removed to a court within that county, and you agree to reimburse us and any other defendants for the costs of defending against the wrongly filed complaint or effecting its removal. You further knowingly, voluntarily, and irrevocably consent to the personal jurisdiction and venue of the courts of *** County, Texas, and waive any right to dismiss or transfer such litigation, suit, action, or proceeding in such court based on improper venue or forum nonconveniens.
- Miscelaneous.
a) Entire Agreement. This Agreement constitutes the entire arrangement and understanding between the parties and supersede all prior agreements, negotiations and discussions relating to the subject matter hereof, whether written or verbal. Each party acknowledges that in entering into and performing the terms and conditions under this Agreement it does not do so on the basis of, and does not rely on any statement or representation or warranty or understanding other than as expressly contained in this Agreement at the date hereof or subsequently included within this Agreement.
b) Ammendments. We may amend this Agreement at any time and for any reason (including, without limitation, to comply with applicable law) by posting the amended terms to our website. Except as required by applicable law, this Agreement may not otherwise be amended except through a written mutual agreement by you and us.
c) Waivers. In no event will any delay, failure or omission of a party in enforcing, exercising or pursuing any right, claim or remedy under this Agreement be deemed as a waiver thereof, unless such right, claim or remedy has been expressly waived in writing.
d)Force Majeure. We will have no liability to you under this Agreement to the extent that we are delayed, prevented or hindered in performing any of our obligations under this Agreement as a result of any circumstance or occurrence beyond its reasonable control, including, without limitation, acts of God, strikes, blockades, acts of terrorism, riots, storms, earthquakes, explosions, fires, floods, Internet or telecommunications failures/outages/delays, third-party hosting facility failures, denial of service attacks, or other similar occurrences.
Sales of Firearms
- Shipping. We do not ship firearms to P.O. Boxes or to APO/FPO. Unless you hold an Federal Firearms License (FFL), any firearm purchased from us will need to be shipped to an FFL dealer. It is your responsibility to arrange your transfer with your preferred FFL dealer, who will be required to provide us with a copy of their FFL and your name and order number before we can ship a firearm to them. Once the firearm is received by your local FFL dealer, they will be required to prepare the necessary paperwork to perform a background check and transfer the firearm to you. Before ordering, we suggest that you check with your local FFL to ensure that any firearm you purchase from us is legal in you state and locality. We do not ship internationally.
- Accessories/Firearms/Ammunition. We do not ship to the District of Columbia or Hawaii.
- Firearms.
- We do not ship firearms to California.
- We do not ship firearms with magazines that hold 10 or more rounds to RI,NJ,WA,CA & OR.
- We do not shipammunition to California or New York.
- Purchase and Shipment of NFA Items. The National Firearms Act regulates the sale and purchase of certain items such as silencers, machine guns, and the like. Purchasing an NFA item requires time for approvals. Once approved, if item is intended to be shipped to another FFL, it is your (the purchasers) responsibility to locate a receiving FFL capable of handling NFA items. In the event the chosen FFL is incapable of legally receiving NFA items, the sale will be terminated.
- Sales Are Final: You must inspect your firearm thoroughly before completing the transfer papers. If there are any issues, please call us immediately before completing the paperwork to transfer the firearm to you. Once the firearm is transferred to you, the sale is final, the firearm is considered “used,” and we will not accept any returns or exchanges under any circumstances.
- Manufacturer’s Warranty. If you subsequently discover that firearm and has mechanical defects or otherwise does not function properly, the manufacturer’s warranty policy will apply, and you must work directly with the manufacturer for any repair or replacement.
- Manufacturing Defects. We take pride in the firearms we manufacture and want to ensure your satisfaction. If a new firearm manufactured by us has mechanical defects or does not function properly, you must contact us within 30 days and we can arrange to have it returned to us. Upon delivery and careful inspection of the firearm, we will discuss with you whether you wish to have it repaired or replaced (if available), or a refund of the purchase price.
- Cosmetic Deficiencies. Cosmetic deficiencies that are subject to normal wear throughout the lifespan of the firearm are not considered defects and, therefore, such firearms will not be repaired, replaced, or refunded.
- Firearm Accessories. Optics, lasers, flashlights, or other accessories for the firearm are not included under these repair, replace, or refund policies. Instead, you will be required to work with the manufacturer of those items under their warranty provisions.
- Refund Limitation. We will not accept returns for: (i) defects or malfunctions resulting from careless handling, unauthorized adjustments, or modifications made or attempted by anyone, or failure to follow the correct assembly and disassembly instructions; or (ii) use of defective or improper ammunition, corrosion, neglect, abuse, ordinary wear and tear, or unreasonable use.
- Legal Prohibitions. It is your responsibility to know the federal, state, and local laws affecting your ability to purchase and possess firearms, including any limitations on the particular firearms you may possess. If the FFL Dealer is unable to transfer the firearm to you because you do not pass a background check, the firearm is not legal in your location, or the transfer is not otherwise able to be completed, the transaction will be cancelled. Upon such cancellation, the purchase price will be refunded to you after the following reductions: a 10% restocking fee, the cost of return shipping, and any FFL fees or charges.
- Failure to Pickup Firearm from FFL Dealer. Firearms shipped to the designated FFL delaer which are not picked up within 14 days of arrival are will also be cancelled. Upon such cancellation, the purchase price will be refunded to you after the following reductions: a 10% restocking fee, the cost of return shipping, and any FFL fees or charges.
- Promotions/Coupons/Discounts
- Please note that our discounts apply exclusively to the cost of our products or services and do not include taxes or shipping fees. Taxes will be calculated based on your location and added to your total at checkout, while shipping costs are determined separately based on the method and destination. We appreciate your understanding that these charges remain outside the scope of any promotional pricing or discounts we may offer.
- Promotions do not stack.
- Returns
- To return a firearm, you must contact us to obtain a Return Merchandise Authorization (“RMA”) number. No returns of any type will be accepted by us without an RMA number. Also, we will not take title to, or accept risk of loss for, returned firearms until they arrive at our facility.
- Handguns and other firearms capable of being concealed on the person (including short- barred rifles and short-barreled shotguns) may not be mailed by those without an FFL through the United States Postal Service. Instead, these firearms must be returned by either by the FFL using USPS or by you through a “common carrier” (UPS or FedEx).
- Individual State Restrictions. We are a Texas company and it is simply impossible for us to track the ever-restrictive laws of each state and local government. Many of the state restrictions are unconstitutional and are being challenged in various federal courts. However, it is your responsibility to know whether you may legally purchase a firearm, what permits or licenses you may require to purchase a firearm, and the types of firearms you may legally purchase. (In some states, city and county laws are more restrictive than those provided under state law.) Otherwise, you may be subject to the fees and costs detailed above under Legal Prohibitions. In addition, in any state with restrictions on modern firearms (“assault weapons”), requiring that handguns be included on an approved roster, or other firearm restrictions, we will require that you provide confirmation from your local FFL that they have reviewed the information about the firearm you wish to purchase and it can be legally purchased in your state and locality. Also, in an effort to comply with this myriad of state laws, we will not ship any or certain firearms to some states or magazines that are capable of holding more than a certain number of rounds or cartridges. If our information has changed, please provide us with a copy of the current law and we will re- evaluate our policy.
States and local governments may have additional provisions that could cause you to be legally-prohibited from purchasing a firearm. It is your responsibility to know your own states laws prior to purchasing.
Who Are “Prohibited Persons”?
While these restrictions may be added to or changed by legislatures and courts and may have conditions and exemptions, you are generally a “prohibited person” under federal law if:
- You are under indictment for, or have been convicted of, a crime punishable by imprisonment for a term exceeding one year (or a state misdemeanor punishable by a term of imprisonment of more than two years) unless that conviction has been expunged or set aside, you have been pardoned or had all of your civil rights restored;
- You are a fugitive from justice;
- You are an unlawful user of or addicted to any controlled substance (including marijuana, even if allowed in your state);
- You have been adjudicated as a mental defective or have been committed to any mental institution (unless relief from the disability has been formally granted);
- You are an illegal alien;
- You have been discharged from the Armed Forces under dishonorable conditions;
- You have renounced your United States Citizenship;
- You are subject to a court order that restrains you from harassing, stalking, or threatening an intimate partner or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child;
- You have been convicted of a misdemeanor crime of domestic violence.