STANDARD TERMS AND CONDITIONS OF SALE
TERMS OF USE AGREEMENT BETWEEN USER AND J&J SPORTS LLC
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The JJGunSupply.com Web Site (“Web Site”) is comprised of various Web pages operated on behalf of J&J SPORTS LLC (“J&J”). The Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
J&J reserves the right to change the terms, conditions, and notices under which the Web Site is offered.
LINKS TO THIRD PARTY SITES
The Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of J&J and J&J is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. However, even if the third party is affiliated with J&J, J&J has no control over these linked sites, all of which have separate privacy and data collection practices, independent of J&J. J&J is not responsible for webcasting or any other form of transmission received from any Linked Site. J&J is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by J&J of the site or any association is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by J&J of the site or any association with its operators. Nonetheless, J&J seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Site, you warrant to J&J that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Sites.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a J&J or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
OUR PRIVACY POLICY
J&J protects all customer information (including, but not limited to: credit card details, billing and shipping information, dealer information, order history, phone numbers, and email addresses) to the extent required by law and will not make this information available or provide it to outside parties except when required by law. This ensures that when you give your e-mail address to us for ordering or account purposes, you will not receive any other e-mail resulting from that action.
How does J&J use cookies?
A "cookie" is a small file that we save on your computer's hard drive that contains non-personal information. Our cookies help to give you faster access to pages you have already visited; they allow you to personalize your pages; and they help you to participate in some activities or events on the site. If you leave the site and then return, cookies will tell us what things you have already collected so that you do not have to start all over again. We also use cookies to help us figure out how many people visit our sites, which of our Web pages they stop at and how long they stay there. This information helps us figure out which of our Web features are successful and what sites might need improvement. For administrative purposes, we collect IP addresses, which is the automatic number assigned to your computer when you surf the Web. The IP address allows us to count total number of "hits" on our sites. However, your IP address and cookie is not connected to any personally identifiable or online contact information like a name and address, so you and your family remain anonymous.
Does J&J ever collect personal information without consent?
J&J does not collect information passively through cookies or other tracking mechanisms except in the circumstances described above. Cookies DO NOT contain any personal information about a specific user. We do not use cookies or other non-consensual methods to take personally identifiable or online contact information about you or your family off of your computer. Except for certain activities, J&J does not use cookies for direct marketing or promotional purposes. Cookies are also not used to collect information specifically about you or your family for sharing with third parties.
ONLINE SHOPPING
This Web Site offers online capabilities to purchase products. You must 18 years of age or older to make any purchases. Check our policies below for more information on delivery, returns, and other sales policies. As to products and services featured on this Website, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. As to services featured on this Website, the terms of those service offerings may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement.
No Purchases by Minors
By ordering a product or service online from J&J, you represent that you are 18 years of age or older.
Taxes
You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from J&J.
Shipping and Processing; Insurance
You are also responsible for paying all shipping and processing charges relating to your online purchases (including any product offered with a service), and for insuring your purchases.
Technical Difficulties
J&J is not responsible for payments not accepted due to technical difficulties.
Cancellations
An order placed online may be cancelled at no charge anytime before it is fulfilled by J&J. If the order is cancelled after the order has been processed but before it has shipped, the customer can opt to be refunded the cost of the items and shipping costs. However, if payment was made with a credit card, the 5% administration fee cannot be refunded. The customer may also opt to receive store credit in place of a refund, with no loss of the administration fee.
RETURNS
Customers will have a seven (7) day inspection period starting from the time the items arrive at the shipping destination specified by the customer. If dissatisfied with the product, the customer may ship the items back to J&J and be refunded the cost of the items purchased. Shipping and 5% administration costs shall not be refunded. If there was no shipping charge at time of purchase, a $10 fee will be deducted from the return amount to offset the sellers original shipping expense. Items must be returned brand new, and unused/uninstalled within seven (7) business days. There will be a 20% restocking fee applied if the item is returned after fifteen (15) days of acquisition. Items will not be accepted for return after thirty (30) days.
Damaged product
J&J requests the customer contact us as soon as possible if the product is damaged upon arrival so we may assess and resolve the situation. If the item is a firearm, J&J must be notified before the weapon leaves the customer’s selected dealer. J&J will not be liable to cover damages if notified after the seven (7) day inspection period.
Unless otherwise noted, all items purchased from J&J are new from the manufacturers’ facilities. If an item is defective, it is a manufacturing error and must be resolved with the manufacturer since all items are deemed “new-in-box” by the manufacturer. J&J will therefore not be held responsible for defective items. J&J will also not be held responsible for damages that occur after items leave our facilities.
Rejected/denied firearms transfers
Any customer who purchases a firearm that is rejected by his selected FFL holder due to company policies instilled outside the ATF’s written law will be responsible for any additional shipping charges or transfer fees. The customer may request a refund of the original purchase, less any shipping or administration costs.
Ordering Information
All orders placed online will be completed by J&J as quickly as possible. Orders submitted are fulfilled in the sequence of which they are chronologically placed. Any order that is placed and cannot be fulfilled due to reasons such as regulations, insufficient stock, etc., may be partially filled with the balance back ordered or rejected. Orders may be cancelled for legal cause. Product quantities, descriptions, and images should be accurate. Updating of these attributes will be conducted as often as need be. Some product information may not be present if it is not supplied by the manufacturer. If there is any question about a specific product or step in the ordering process, please contact us at sales@jjgunsupply.com or (937) 410-0017.
Firearms Sales
When purchasing a firearm, we will require a copy of the receiving dealer’s FFL to be emailed to ffl@jjgunsupply.com, to comply with federal law for shipment. Firearms Orders will not be shipped until this document is obtained.
Payment Options
J&J accepts payment by Visa, MasterCard, Discover, Personal Check, Cashier’s Check, Money Order, or Cash. Checks and money orders must be mailed to the store with the invoice number on the memo line or enclosed in the envelope. Items paid for with personal or company checks must be held until we are notified by our bank that the checks have cleared. This process typically takes two weeks. If the customer has paid with a personal check and has evidence through online banking that the check has cleared, he may fax or email us a copy of the cleared check. We will then ship the items early. Cashier’s checks and money orders have no wait period. Checks must be received no later than ten business days from the original order date or J&J reserves the right to cancel the order without warning.
Shipping Rates
Shipping is conducted in conjunction with carriers of our choice. After processing, items can be expected to arrive anywhere between 1-7 business days depending on the customer’s location, though outside influences may affect delivery time. Expedited shipping options are available at an additional charge that will be determined at the time of purchase. If an email address is provided, the customer will be emailed a tracking number. J&J is unable to ship outside the borders of the United States and will not conduct a sale with the knowledge that the items sold are destined for another country (outside approved use by and with the US Military). J&J will not be held responsible for any damages that may happen to items or their packaging once they leave our store. J&J will also not be held responsible for any delays in shipping once items have left our store.
PLEASE ALLOW 2-4 BUSINESS DAYS FOR ORDERS TO BE PROCESSED.
LEGAL INFORMATION
J&J will continue to strictly adhere to all Federal Rules and Regulations without exception. J&J will only conduct sales of weapons in accordance with Federal/BATFE guidelines. Prohibited sales include, but are not limited to: convicted felons, persons convicted of domestic abuse or violence, non-US citizens, illegal aliens, persons unlawfully using any controlled substance, persons dishonorably discharged from the Armed Forces, persons adjudicated mentally defective, and/or persons committed to a mental institution.
Under no circumstances will J&J sell items to customers that are deemed illegal under State and Federal guidelines. These items include, but are not limited to: firearms, ammunition, parts, and accessories. It is the responsibility of the customer to know his or her State’s laws before an order is placed with J&J. J&J will not conduct a sale with knowledge that an item is being shipped to a location where that item is deemed illegal. Under ITAR, J&J reserves the right to terminate, without warning, any orders placed which are in violation of the customer’s State rules and regulations.
Rifles must be purchased by individuals over the age of 18, and handguns, handgun ammunition, and firearm receivers or frames must be purchased by individuals over the age of 21. All firearms must be shipped to a Federal Firearms License holder without exception. NFA-regulated items must be shipped to a Class 3 FFL/SOT holder without exception. All required documentation must be acquired by J&J before any sale of these items is conducted. It is the responsibility of the recipient to ensure his documents are correct, current, and in accordance with Federal/BATFE guidelines.
J&J will only provide a copy of its Federal Firearms License when it is the party receiving a firearm, as this is the only time it is required by the ATF in the written law.
All information regarding requirements for dealer-to-dealer firearm acquisition are clearly outlined in Section 478.94 (page 52 in PDF, page 53 in bound copies):
J&J’s FFL number will be printed on all invoices, but no physical copy will ever be presented to the receiving dealer. J&J’s policy is to not act outside the written law. If the receiving dealer refuses to accept the firearm due to policies instilled outside the ATF’s written law, J&J will not be responsible for return-shipping costs or finding an alternate dealer. It is solely the responsibility of the customer to find a reputable dealer who will accept a firearm transfer under these terms. This policy will not be changed for any customer.
J&J reserves the right to terminate, without warning, any potential transaction at company discretion.
J&J will not be held responsible for any action committed by the customer after he or she has legally obtained a firearm or any other weapon from J&J. This includes, but is not limited to: physical harm to self or others; physical, mental, or emotional intimidation; brandishing of weapon; murder or attempted murder; assault; battery; robbery or attempted robbery; destruction of private or Government property; terrorism; treason; and/or any other activity that would aim to disrupt the wellbeing of the United States, its Citizens, its Allies, or its Endeavors.
WARRANTY DISCLAIMER
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, J&J Sports disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. J&J does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. J&J does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
J&J shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if J&J has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
TYPOGRAPHICAL ERRORS
In the event that a product is mistakenly listed at an incorrect price on the Web Site, J&J reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. J&J reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, J&J will issue a credit to your credit card account in the amount of the incorrect price.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE JJGunSupply.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. J&J SPORTS LLC AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE JJGunSupply.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE JJGunSupply.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION, J&J SPORTS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE JJGunSupply.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. J&J SPORTS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL J&J SPORTS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE JJGunSupply.com WEB SITE, WITH THE DELAY OR INABILITY TO USE JJGunSupply.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE JJGunSupply.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE JJGunSupply.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF J&J SPORTS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE JJGunSupply.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE JJGunSupply.com WEB SITE.
NOTICE
J&J may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to J&J.
TERMS/ACCESS TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by J & J Sports, LLC. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
GENERAL
Your use of this site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. To the maximum extent permitted by law, this agreement is governed by the laws of the United States and/or the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of state or federal courts located in Ohio in all disputes arising out of or relating to the use of the Web Site. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of J&J products) must be commenced within one (1) year after the claim or cause of action arises. J&J's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and J&J as a result of this agreement or use of the Web Site. J&J's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of J&J's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by J&J with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and J&J respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and J&J with respect to the Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
PARTICIPATION DISCLAIMER
J&J does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, J&J is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, J&J reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to J&J in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless J&J, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of J&J. The collective work includes works that are licensed to J&J. Copyright © 2014 - J & J Sports, LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with J & J Sports, LLC. or purchasing J&J products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with J&J or to purchase J&J products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by J&J. You further agree not to change or delete any proprietary notices from materials downloaded from the site. All contents of the Web Site are the property of J&J and/or its suppliers. All rights reserved. Any unauthorized use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by J&J. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. No association with any company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved. All trademarks, service marks and trade names of J & J Sports, LLC. used in the site are trademarks or registered trademarks of J & J Sports, LLC.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to J&J's Designated Agent at legal@jjgunsupply.com.