PLEASE READ THESE TERMS AND CONDITIONS OF SALE (“SALE AGREEMENT”) VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ALL TERMS AND CONDITIONS STATED BELOW.
This Sale Agreement is a legal contract between the Customer and Continental Arms. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on all websites owned or operated by Continental Arms (References to “you” or “your” shall relate to the Customer; references to Continental Arms shall relate to Continental Arms, its employees, owners, and affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places an order will govern that specific order.
This Sale Agreement constitutes the entire agreement between the Customer and Continental Arms 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 Continental Arms. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Continental Arms and receiving written acknowledgment of receipt by Continental Arms.
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 our invoice shall control.
THIS AGREEMENT AND ANY SALES HERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN BALTIMORE COUNTY, MARYLAND FOR PURPOSES OF ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
RISK OF LOSS:
Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the postal or contract carrier designated for shipment of the order, unless otherwise specified.
CONTINENTAL ARMS 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 CONTINENTAL ARMS IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.
PRICING AND INFORMATION DISCLAIMER:
All pricing is subject to change without notice. For all prices, products, and offers, Continental Arms reserves the right to make adjustments for reasons including, but not limited to, changing market conditions, product discontinuation, manufacturer price changes, errors in advertised prices, and other extenuating circumstances. While Continental Arms uses reasonable efforts to include accurate and up-to-date information on the Site, Continental Arms makes no warranties or representations as to the Site’s accuracy. Continental Arms assumes no liability or responsibility for any errors or omissions in the content on the Site. Continental Arms reserves the right to cancel any order prior to shipment of said order.
Please be aware that items that are incorrectly listed on the site and subsequently ordered may be cancelled at our discretion. In the event of a conflict in the description of an item we reserve the right to remove the conflicting information once notified. We make no warranty on the accuracy of a product listing when a conflict in the product information is present. Photos shown are not of the actual item being shipped, and may show options not included in the item being sold. Photos are provided for general identification purposes only and may show optional or additional pieces for illustration purposes that are not included, please refer to the product description for details.
LIMITATION OF LIABILITY:
Continental Arms, its employees, ensigns, agents, and owners, 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. Continental Arms 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, Continental Arms is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) made pursuant to this agreement.
It is the responsibility of the buyer, not Continental Arms, to ascertain and obey all applicable local, state and federal laws in regard to the possession and use of any item purchased from Continental Arms. 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. By placing an order, the buyer represents that the products ordered are legal to possess or transfer within their state of residence, the products will be used in a lawful manner, and that Customer is of legal age to purchase all products ordered. Continental Arms or any of its employees will not be held liable for the misuse of any product purchased from us. When you purchase an item from Continental Arms, you release Continental Arms and any or all of their employees of any liability regarding your actions concerning the sale, use, ownership, and shipping of any products ordered.
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), Continental Arms’ 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 Timonium, Maryland. 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.
ORDERS, PAYMENT TERMS, INTEREST, AND TAXES:
Orders are not binding upon Continental Arms until accepted by Continental Arms. Terms of payment are within Continental Arm’s sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Continental Arms may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by Maryland law. The Customer is responsible for sales and all other taxes associated with the order. Continental Arms collects Maryland sales tax on all orders picked up or shipped within Maryland/.
SHIPPING A FIREARM, FFLs, AND TRANSFER OF OWNERSHIP:
Continental Arms will transfer ownership of any firearm ONLY to individuals or agencies in possession of a valid Federal Firearms License (FFL). This means we cannot ship directly to you (unless you have a valid FFL necessary for the proposed transfer).
At your request, Continental Arms will transfer your purchased firearm to a licensed gun dealer in your state.
PAYMENT, ORDER CANCELLATION, AND RESTOCKING FEE
All payments are processed immediately upon placement of the order. It is the responsibility of the customer to know and be in compliance with all applicable federal, state, and local laws related to selling, transferring, possessing, transporting or using a firearm in the locality in which the customer resides.
Orders placed with Continental Arms may be cancelled by the customer prior to the order’s shipment, but such cancellations shall incur a 15% restocking fee. If the order, or any part of the order, has shipped, the order may not be cancelled and the customer must follow all rules applicable to returns. Please note that the return of the item/package will be made at the customer's expense. Any order that was previously cancelled by the customer may not be reversed. All cancellations are final.
RETURNS; RESTOCKING FEE
Firearms, Ammunition, and Clothing: All sales of firearms, loaded ammunition and clothing are FINAL, and returns are NOT ACCEPTED. Once a firearm is transferred to a customer's name, Continental Arms will not accept a return or exchange under any circumstance. If a defect is discovered by the customer after shipment and transfer of ownership, the customer must contact the firearm manufacturer directly for replacement or repair.
All Other Purchases: Return shipping is solely the responsibility of the customer. If the purchased item(s) is defective or damaged upon receipt, or if the customer is not satisfied with a purchased item(s) and wishes to return it for a refund or replacement, the customer may return the item(s) to Continental Arms WITHIN 30 DAYS of the date of receipt of delivery of the purchased item. All returned items must be in the same condition as when they were shipped by Continental Arms and must be returned in original packaging. The customer will be assessed a re-stocking fee of 15% of the product sales price.
No amendments to orders can take place once an order is placed. The only way to amend an order is to cancel the order and a new order can be placed.
Order pickup is available in-store for most orders. Orders may be picked up between 10am-5pm Monday-Friday excluding holidays. Any customer who wishes to pick up regulated firearms (ie. Handguns) must be a current resident of Maryland with a valid MD driver’s license or state approved ID and possess a valid Handgun Qualification License, or be exempt from the Handgun Qualification License and provide proof of such exemption. Additionally, must meet all requirements (including any required paperwork and verification) of federal, state, and local law. Most long guns may be picked up by out of state non-licensees provided they do so in person and the transaction is legal in both the transferee and transferor’s state.