1. General Provisions
1.1. These general terms and conditions of sale (“General Terms”) describe the terms on which ar15.site (“we”, “us”, “our”), sells, and a consumer (“you”) purchases, our products (“Products”) through the website https://www.ar15.site (“Website”).
1.2. These General Terms will apply to any contract for the sale of Products by ar15.site to you through the Website (“Contract”).
1.3. The sale of Products under these General Terms is only available to consumers, meaning natural persons who act for purposes of personal consumption (i.e. for purposes extraneous to their trade, business, craft and profession and not for profit), who have reached the age of majority and have full legal capacity to enter into a Contract, in their country.
1.4. You will be asked to agree to these General Terms and to the Terms of Use of the Website (“ToU”) before placing an order. We therefore advise you to read these documents carefully, and in particular these General Terms, before proceeding with any purchase, and save or print a copy for future reference. If you do not agree to these General Terms, the ToU, and our Privacy Policy, you will not be able to order any Products from the Website.
1.5. We reserve the right to amend or update all or part of these General Terms from time to time, without notice. We will always post the most current version of these General Terms on the Website and display the “Last Updated” date to reflect the date of the changes.
1.6. These General Terms should be read alongside, and are in addition to, our Privacy Policy which tells you how we use your personal data. For any other legal information, go to the sections: General Terms and ToU, and Return Policy.
2. Products Information and Availability
2.1. Information on our Products (along with the corresponding Product codes) and relevant prices are available on the Website.
2.2. The Products available on the Website are usually a selection of items normally available in stores. However certain Products may be available exclusively online through the Website, and others may not be available, or legally sold, online. Also, some Products may not be shipped to your country.
2.3. Pictures of the Products displayed on the Website may not correspond to their actual appearance. Therefore, you shall rely exclusively on the description of the Products and their characteristics as mentioned on the Website.
2.4. We reserve the right, in our sole discretion, to limit the quantities and/or types of any Products available on the Website per person, household or per order. These restrictions may include orders placed by or under the same account, the same payment method and/or orders that use the same billing and/or shipping address.
2.5. We may change or discontinue a Product or any of its features, as described on the Website, at any time and without notice (this does not affect orders already placed at the time of the change). During the purchasing process, we will inform you if your order cannot be processed due to the unavailability of the ordered Products.
2.6. We may not process purchases when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by email that the contract has not been executed and that we have not carried out your purchase order specifying the reasons thereof. If the products displayed on the Website are no longer available at the time of your last access and once we have received your order, we shall inform you of the unavailability of the ordered products within fifteen (15) days from the day after we have received your order. If the order form has been sent and the price has been paid for items that are no longer available, we will refund the amount paid for those items.
2.7. In the event your connection to the Website fails, your selection of Products may be lost. In such case you will be required to re-enter your selection. Please note that Products in your shopping cart are not reserved and may be purchased by other customers. In no event we shall be liable to you for the unavailability of a Product following a failure or loss of your connection to the Website.
3. Prices
3.1. Prices of Products are indicated on the Website in USD. Prices do not include delivery charges, which, if any, shall be added to the price of the Products and will be communicated to you during the checkout process before you confirm your order. VAT will be charged as per applicable law at the time of the sale.
3.2. We make all reasonable efforts to ensure that all prices for the Products displayed on the Website are correct. Occasionally, however, an error may occur, and Products may be mispriced (incorrect price or typographical error in the price shown). In this case we will, at our discretion, (i) cancel the order or terminate the Contract (depending on when the error is detected) and notify you of such cancellation or termination, or (ii) contact you and ask you whether you wish to purchase the Product at the correct price.
3.3. We reserve the right to change the Products prices at any time and without notice, but such changes will not apply to Products for which you have received an Order Acceptance.
4. Formation of the Contract – Placing an order
4.1. The information about the Products and their prices that is displayed on the Website is an invitation to treat and does not represent an offer by us or a unilateral contract.
4.2. To purchase Products on the Website, you must follow the instructions provided by the online purchase process: (i) include the selected Products (subject to the restrictions set forth in Section 2.4) in the shopping cart, (ii) fill in the order form with your personal information (name, address, email, telephone, shipping/billing address), (iii) select your payment method, (iv) accept these General Terms, (v) accept the ToU and (vi) place your order through the Website.
4.3. Orders made from a Country site different from the one you are shipping to, or to addresses to which we cannot ship, will be automatically cancelled.
4.4. Before submitting your order, you will be given the opportunity to review your selection, check the total price and correct any errors.
4.5. Your order constitutes a binding offer to purchase from us the selected Products, under these General Terms, without prejudice to your right of withdrawal under Article 8 hereto. By placing an order, you agree to pay the price of the ordered Products.
4.6. All orders submitted by you are subject to our acceptance. Once you place your order, we will acknowledge it by email (“Order Confirmation”). This Order Confirmation does not, however, mean that your order has been accepted. We may choose not to accept your order, in whole or in part, without liability to you.
4.7. The Contract between us and you will only be formed when you receive from us an email notification confirming shipment of your order (“Order Acceptance”). The Order Acceptance (or rejection) shall be sent to the email address provided by you in the order.
4.8. In case of unavailability of one or more ordered Products, we will contact you and inform you of such unavailability. The order will be partially cancelled, and you shall pay only the price of the available Product(s).
4.9. The Order Confirmation/Acceptance will include notably the order number, basic information on the purchased Products, an indication of the price and the shipping address.
4.10. Once you receive the Order Acceptance you can no longer cancel or modify your order unless otherwise provided in these General Terms. Dispatched Products can however be returned as set out in Article 8 below.
5. Payment
5.1. You must pay the price of the Products (including applicable VAT, sales taxes or other taxes), the cost of any additional services you order (e.g. additional costs for personalized Products), if applicable, and the associated delivery charges, if any.
5.2. We will not debit the amount of your order until:
(i) we have received authorization to debit your card from the card issuer or your Paypal account, if applicable;
(ii) your debit/credit card data or your Paypal account, if applicable, has been verified.
5.3. If your payment cannot be processed for any reason, we will cancel your order and our Contract with you will end immediately, without liability to you. We will inform you of this in writing.
5.4. You are responsible for the relevant charges or fees, if any, applied by your card issuer, bank or other payment institution as a result of our processing of your payment.
5.6. In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to the payment provider or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by us except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of suspected fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.
5.7. For each order, we will issue an electronic invoice for the purchased Products, and you agree to such form of invoicing. The e-invoice will be established based upon the information provided by you at the time of submitting the order. No alterations to the e-invoice are possible once the e-invoice has been issued.
5.8. Please note that for Pre-Order Products, payment is not processed at the time of the reservation of the Pre-Order Product but when the Pre-Order Product is available.
6. Shipping, Delivery and Collection
6.1. The purchased Products shall be delivered by a courier service selected by us (“Courier”). Products shall be delivered to the address indicated by you in the order form. We are not responsible for any delivery problems arising from incomplete or incorrect address details supplied by you. Please note that we will not deliver to PO Boxes, address of freight forwarders, or hotels.
6.3. The purchased Products will be shipped out only after we receive your payment in full. If we do not receive your payment in full, whatever the reason, we can delay or refuse dispatching the Products without liability to you.
6.4. We will take all reasonable steps to deliver the purchased Products within the estimated periods communicated to you during the checkout process before you confirm your order, except if a force majeure event, an event beyond our reasonable control or any unforeseeable circumstance occurs. If the delivery has not occurred within thirty (30) days of the Order Acceptance, you will be entitled to cancel the Contract and we shall, without undue delay, refund you all sums paid under the Contract.
6.5. Upon delivery of the Products by the Courier, you (or the person designated by you) are required to:
(i) verify that the number of packages delivered corresponds to that indicated on the delivery note;
(ii) verify that the packages and their seals are intact, undamaged, not wet or altered in any manner;
(iii) verify that the delivered Products conform to the characteristics of the Products, as described in the Order Confirmation/Acceptance are free from any patent defects (including but not limited to cracks, scratches, color variations or other color defects, etc.);
(iv) sign the delivery note; and
(v) if requested by the Courier, show your ID.
Any damages to the packages and/or the Products, or discrepancies in the number of packages or documentation, or any lack of conformity or patent defects of the Products must be immediately mentioned in writing on the Courier’s delivery note. To the extent permitted under applicable laws, once you’ve signed the Courier’s delivery note, you may no longer make a claim with respect to the delivered packages, provided that you are entitled to subsequently make a claim in relation to the manufacturing defects of the Products as set forth in Article 9 below.
7. Risk and Title
7.1. The risk of loss of, damage to, and destruction of, the Products shall pass to you when you (or a person designated by you and other than the carrier) take physical possession of the Products at the delivery address given by you or upon the collection of such Products by you or such person designated by you from your Selected Store.
7.2. Title in the Products shall pass to you on the date on which the Products are delivered to your delivery address or collected at your Selected Store, as applicable.
8. Right of withdrawal/cancellation and Returns
8.1. You have the right to withdraw from/cancel the Contract if you change your mind or for any other reason within thirty (30) days from the date on which you (or the person designated by you) take physical possession of the Products or, in case of multiple packages delivered for the same order, the last package delivered.
8.2. To exercise your right of withdrawal, you must inform us of your decision to exercise your right of withdrawal /to cancel the Contract within the period of time mentioned in Section 8.1 above:
by sending us by email: the Model Withdrawal/Cancellation Form set out at the end of these General Terms, duly filled in and signed by you,
to the following email: Sales@ar15.site
8.3. You must return the purchased Products within fourteen (14) days from the date you notified us of your decision to exercise your right of withdrawal/right to cancel.
8.4. The Products shall be returned in their original condition, unaltered, unused, undamaged, in their original packaging and with original tags and labels attached along with all accessories and related documents if any, and undamaged box, if applicable.
8.5. If a returned Product does not meet the conditions for its return, we will send back such Product to you to the address you indicated in the return form, or if such address is not valid, to the address communicated by you when you placed the order. This return will occur within thirty (30) days from the date we informed you of the rejection of the returned Products, unless a force majeure event, an event beyond our reasonable control or any unforeseeable circumstance occurs.
8.6. We will refund you all amounts paid by you, including the delivery charges, if any, within fourteen (14) days from the date we received back from you the Products, or you have provided evidence that you have returned them, whichever is the earliest. We will refund you using the same payment method that you used when you placed your initial order. If you paid cash on delivery of the Products ordered, if available, cash refunds are not available, and your refund will only be released by wire transfer. Please note that we may reduce your refund to reflect any diminished value of the Products resulting from your handling of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products.
To the extent permitted by applicable law, we shall not be responsible for any delay that is beyond our control including for delays caused by the method of purchase or refund, including delays caused by credit card/debit card companies refund policies.
9. Lack of Conformity – Manufacturing Defects
9.1. If you find that a Product sold by us on the Website has manufacturing defects or is not as described, please contact immediately us at Sales@ar15.site.
9.2. Damage, alteration or modification to the Products caused by you is not a manufacturing defect or a lack of conformity.
9.3. In the event you request the repair, replacement or return of a Product due to manufacturing defect pursuant to this Article 9, we will bear the delivery costs for returning the Products to be repaired, replaced or returned, as well as any costs to deliver back to you the repaired or replaced Products.
10. Liability
10.1. Nothing in these General Terms seeks to exclude or limit our liability for:
• personal injury or death resulting from our negligence;
• fraud or fraudulent misrepresentation;
• breach of any obligations implied by applicable consumer protection laws; or
• any other cause of action which cannot be limited or excluded under applicable law.
10.2. Subject to the above, our aggregate liability which shall be limited solely to direct damages, caused by our breach, that you suffer in respect of all claims and causes of action, arising under or in connection with these General Terms and each Contract, shall in no event exceed the price of the Product(s) purchased by you on the Website under that Contract. We are not liable for damage or loss that either you or we could not reasonably have foreseen at the time you accepted these General Terms. We shall not be liable to you for any indirect damages.
10.3. We are not responsible for any delay or failure to perform any of our obligations under these General Terms if the delay or failure is caused by a force majeure event or arises from any cause which is beyond our reasonable control, including without limitation any of the following: act of God, governmental act, war, civil war, fire, flood, earthquake, hurricane and other natural disasters, epidemic, revolution, insurrection, invasion, military or usurped power, confiscations, terrorist activities, national strikes, lockouts, embargo, interruption or failure in information, technology, electricity or telecommunications services, failure of third parties (such as our suppliers and subcontractors) to perform their obligations to us.
11. Guarantee of Authenticity and Intellectual Property Rights
11.1. We guarantee the authenticity of all Products purchased on our Website.
12. Entire Agreement
13.1. These General Terms and any document expressly referred to in them represent the entire agreement and understanding between us in relation to the sale of Products from us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
14. Applicable Law and Jurisdiction
14.1. These General Terms and, therefore, the Contracts entered into with you, shall be governed by and will be interpreted in accordance with the laws of the United States of America.
14.2. Any disputes arising out of, or relating to, these General Terms and the Contracts shall be submitted to the jurisdiction of the competent courts of your place of residence.
15. Notices
Any notice to be given under these General Terms or the Contracts will be in writing. We will contact you by email, telephone, SMS or provide you with information by posting notices on our Website.
Model Withdrawal/Cancellation Form
(complete and return this form only if You wish to withdraw from the Contract)
To Ar15site at Sales@ar15.site,
I/We(1) hereby give notice that I/We(1) withdraw from my/our(1) contract of sale of the following goods(1)/for the provision of the following service(1),
Ordered on(1)/received on(1),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(1) Delete as appropriate