Terms of service

TERMS OF SERVICE

  1. ACCEPTANCE
    The terms and conditions set forth herein constitute the sole, entire, and exclusive agreement between Ballistic Concepts, LLC (“Seller”) and the purchaser (“Buyer”) with respect to any transaction, superseding all prior or contemporaneous discussions, proposals, negotiations, representations, or agreements, whether oral or written. Any additional or conflicting terms proposed by Buyer are expressly rejected and shall not govern the relationship between Seller and Buyer unless expressly agreed to in writing and executed by Seller. Seller’s acceptance of any order is expressly conditioned upon Buyer’s acceptance of these Terms of Service.

  2. RETURNS, REFUNDS, AND EXCHANGES
    All returns, refunds, exchanges, and cancellations are governed exclusively by the Seller’s Return & Refund Policy, which is incorporated herein by reference. In the event of any conflict between these Terms of Service and the Return & Refund Policy, the Return & Refund Policy shall control with respect to such matters.

  3. SHIPMENTS
    a. Shipment dates and processing times are estimates only, based on Seller’s best judgment, and are subject to production limitations, schedules, and material availability. Shipment and delivery dates are not guaranteed.
    b. Unless otherwise expressly agreed in writing, all sales are FOB Seller’s place of business. Title and risk of loss pass to Buyer upon Seller’s tender of the shipment to the carrier. Buyer is solely responsible for notifying the carrier of any damage, loss, or delay occurring in transit.

  4. PRICE AND TAXES
    a. All orders shall be priced in accordance with Seller’s prices in effect at the time of purchase. Seller reserves the right to correct pricing errors at any time prior to shipment.
    b. Prices do not include sales tax, use tax, duties, customs fees, or other governmental charges now or hereafter imposed by any domestic or foreign authority. Buyer is responsible for payment of all such charges, which may be collected by Seller where required by law.

  5. PAYMENT
    Payment in full must be received and fully processed prior to the commencement of production and prior to shipment. Seller reserves the right to suspend or cancel any order for which payment is not received or is reversed.

  6. PRODUCT NATURE AND USE
    Seller’s products are decorative, educational, and display items only. All products are inert, non-functional, and permanently modified. Buyer acknowledges that Seller’s products are not designed, intended, or represented for functional, operational, or live-use purposes of any kind.

  7. FORCE MAJEURE
    Seller shall not be liable for any delay or failure in performance or delivery arising directly or indirectly from events beyond Seller’s reasonable control, including but not limited to acts of God; acts or omissions of Buyer; governmental actions or regulations; labor disputes; fires; floods; accidents; supply chain interruptions; carrier delays; or other natural or man-made events.

  8. DISCLAIMER OF WARRANTIES
    SELLER’S PRODUCTS ARE SOLD “AS IS” AND “AS AVAILABLE.” SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SUITABILITY FOR ANY PARTICULAR USE OR RESULT.

  9. LIMITATION OF LIABILITY
    a. In no event shall Seller be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, whether arising in contract, tort, strict liability, warranty, or otherwise.
    b. Seller’s total aggregate liability arising out of or relating to any transaction shall not exceed the purchase price actually paid by Buyer for the specific product giving rise to the claim.
    c. Any claim relating to alleged defects must be submitted to Seller in writing within 24 hours of delivery. Failure to provide timely notice constitutes a waiver of such claims.

  10. INDEMNIFICATION
    Buyer assumes all risk associated with the possession, display, handling, and use of Seller’s products and agrees to indemnify, defend, and hold harmless Seller from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to Buyer’s use, misuse, resale, display, or transfer of the products.

  11. INTELLECTUAL PROPERTY
    All designs, images, product configurations, branding, and content are the property of Seller and are protected by applicable intellectual property laws. No license or right is granted to Buyer except for personal ownership of the purchased physical item.

  12. GOVERNING LAW AND VENUE
    This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. Any legal action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located within the State of New York.

  13. SEVERABILITY
    If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

  14. WAIVER AND AMENDMENT
    Seller’s failure to enforce any provision of this Agreement shall not constitute a waiver of future enforcement. Seller reserves the right to amend these Terms of Service at any time by posting updated terms on its website. Updated terms shall apply only to future transactions.

  15. USE OF PRODUCT IMAGES AND ENGRAVINGS
    Buyer acknowledges and agrees that Seller retains the perpetual, irrevocable right to photograph, reproduce, display, distribute, and otherwise use images and representations of any products manufactured by Seller for any lawful purpose, including but not limited to marketing, advertising, portfolio display, website content, and promotional materials. This right includes the use of images depicting the product in whole or in part, including any engravings, markings, text, logos, designs, or customizations applied at the Buyer’s request, regardless of whether such engravings or markings are claimed by Buyer or a third party to be proprietary, confidential, copyrighted, trademarked, or otherwise protected. Buyer represents and warrants that it has the authority to request such engravings and to permit their depiction, and agrees to indemnify and hold harmless Seller from any claims arising from Seller’s use of such images.

  16. HEADINGS
    Headings are provided for convenience only and shall not affect the interpretation of this Agreement.