The terms and conditions between Buyer and Seller are set for the hereafter and may only be changed with a written agreement signed by both parties.
If Buyer wishes to purchase any product or service made available through the Seller, Buyer will be asked to supply certain information relevant to the purchase including, without limitation, credit card number, expiration date of credit card, billing address, and shipping information.
Buyer represents and warrants that (i) it has the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information supplied to Seller is true, correct, and complete.
Seller reserves the right to refuse or cancel Buyer's order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in Buyer's order, or other reasons.
Seller reserves the right to refuse or cancel Buyer's order if fraud or an unauthorized or illegal transaction is suspected.
Non-Refundable Deposits (NRD)
Seller may require a non-refundable deposit (NRD) to secure Buyer's pre-order through the production process. This non-refundable deposit as well as the amount required will be clearly stated on the products web page and Buyer will be asked to confirm its understanding of this fee prior to check out. The deposit will be charged to Buyer's card within 24 hours of placing its pre-order for the item(s).
When Orders are Charged
The customer's credit card will be charged within 24 hours of placing an order.
Products are subject to U.S. export control laws. Buyer acknowledges and understands that the products sold hereunder may not be exported in any manner except as authorized by the U.S. Government. Obtaining such authorization is Buyer's responsibility and Seller makes no representation or warranty regarding the availability of export licenses for the products.
Ghost Gunner will not be liable for any delays or failures to perform any obligation attributable to strikes, material shortages of labor, materials, fuel or power, fires, floods or other acts of God, acts of terrorism or war, acts or omissions of Customer, or other unforeseen circumstances or causes beyond Ghost Gunner’s control (hereinafter, “force majeure”). Ghost Gunner may also suspend, delay, delivery of products and/or services in response to a force majeure.
Not a prohibited party
Customer represents that it is not on any U.S. Government prohibited party list, to include the Department of Commerce Denied Persons List, Department of State List of Debarred Parties and the Treasury Department Specially Designated Nationals List, or on any prohibited party list administered by the country of import.
Special terms for international shipments of products
International sales by Ghost Gunner shall be governed by the following additional Terms and Conditions:
(a) International sales by Ghost Gunner are subject to an International Shipment Processing Fee, which includes the costs of shipping to be paid by the Customer in advance.
(b) International delivery is DAT Customs Terminal at Country of Destination (Incoterms® 2010). Ghost Gunner will be responsible for carriage to the named terminal at the named port or place of destination at Customer’s cost using Ghost Gunner's standard methods for packaging andshipping such products. Customer shall take delivery of the products within 12 days of Ghost Gunner's notice that the products have been delivered to the Delivery Point.
(c) Customer is solely responsible for clearing the products for import, payment of any duties, taxes, broker fees, customs warehouse storage fees, and any other associated costs of import related to the shipment. Customer must obtain, at its own risk and expense, any import license or other official import authorization and carry out all customs formalities that may be required for importation of the products.
(d) Ghost Gunner will apply for any and all export licenses and other U.S. Government export authorizations required. Customer will provide Ghost Gunner with any information, documents, and notices necessary to and will assist in Ghost Gunner’s application. U.S. Government issuance of such required authorizations is a condition precedent to any shipment or other deliverable under this Agreement and government denial of any required authorizations shall constitute an additional force majeure, relieving the parties of their obligations under this Agreement. Ghost Gunner has no control over the decisions of the U.S. Government to grant export authorizations and undertakes no liability to Customer or any third party in any way for such decisions.
(e) Customer acknowledges and understands that the products sold hereunder may not be further exported or transferred by them in any manner to any foreign person or any foreign country except as allowed under U.S. export control laws.
(f) Customer will comply with all applicable export control laws and regulations and will indemnify Ghost Gunner for all damages, including reasonable attorneys fees, resulting from Customer’s failure to do so.
Returns and Refunds
All sales are final, but Seller reserves the right to evaluate returns or repairs on a case by case basis.
Availability, Errors and Inaccuracies
Seller may update product and service offerings on the Service. Seller may experience delays in updating information on the Service on its website. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described in accurately, or unavailable on the Service and Seller does not guarantee the accuracy or completeness of any information found on the Service.
Seller, therefore, reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The service and its original content, features, and functionality are protected by the trademark laws of both the United States and foreign countries. Seller's trademarks and dress may not be used in connection with any product or service without the prior written consent of Seller.
Links To Other Web Sites
Seller's Service may contain links to third party websites or services that are not owned or controlled by Seller.
Seller has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
Buyer acknowledges and agrees that Seller shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
Seller strongly advises Buyer to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Seller may with or without cause terminate or suspend Buyer's access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Buyer agrees to defend, indemnify and hold harmless Seller and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Seller nor its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contracts, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Buyer's use of the Service is at its sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Seller and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to Buyer.
These terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Seller's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Buyer and Seller regarding our Service, and superseded and replace any prior agreements that might have existed between the parties regarding the Service.
We reserve the right at our sole discretion to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at [email protected]