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TERMS AND CONDITIONS

General Terms and Conditions

The General Terms and Conditions (the “Terms and Conditions”) set forth herein apply to the sale of goods, products, or merchandise (“Goods”) by BoomTownBallistics, LLC. (“We” or “BoomTownBallistics”) to you (“You” or “Buyer”) through BoomTownBallistics webshop located at BoomTownBallistics.com, as well as to Buyer’s use of or access to the Webshop. Additionally, these Terms and Conditions are binding for all sales or transactions made using the Webshop.

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Confirmation of Order

You will receive confirmation by email of orders placed through the Webshop, which will indicate the total value of the merchandise, applicable taxes and shipping costs.

Upon receipt of the confirmation of your order, please review the email to ensure it is complete and accurate. Requested changes to the confirmation must be made prior to order shipping.

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Property, Access Rights and Risk

Property and access rights to the Goods supplied are dependent on Heckler & Koch’s receipt of complete and unrestricted payment. The transfer of material and loss risk is made with the delivery by BoomTownBallistics.

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Payment, Shipment, and Delivery

Prices, terms of payment, and specifications for Goods offered for sale or sold through the Webshop are subject to change at any time without notice, at BoomTownBallistics discretion. Typographic, photographic, and/or descriptive errors are subject to correction. BoomTownBallistics reserves the right to limit the quantities of Goods sold. Currently, payments may be made using a major credit card, i.e., credit cards authorized by VISA, Mastercard, American Express, and Discover.

Goods will not be shipped until payment has been received. We reserve the right to make partial deliveries of Goods contained in an order. In the event of partial deliveries, BoomTownBallistics shall pay the shipping costs associated with any subsequent delivery, i.e., any delivery after the initial partial delivery.

Delivery shall be made so long as the Goods remain in stock. The buyer shall be informed should some or all of the Goods not be available. If some or all of the Goods are not available, BoomTownBallisticsshall return any payments previously made and received with respect to the Goods which are not available. If the Goods are not available when the order is placed, Buyer is not entitled to have the product supplied or delivered at a later date.

Delivery charges will depend on the value of your order. The delivery times listed below are estimates and some or all of the Goods may take longer for delivery:

Delivery:

Order Value (USD$) Regular 5-10 business days

  • Up to $25.00 $5.95

  • $25.01-$60.00 $7.95

  • $60.01-$110.00 $9.95

  • $110.01-150.00 $11.95

  • $150.01-$300.00 $13.95

Regular delivery to Alaska, Hawaii, APO/FPO addresses and U.S. territorial possessions is via Priority Mail and takes approximately 5 to 12 days.

If you have general questions about the delivery of your order, please contact us at Boerschig@BoomTownBallistics.com.

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Return and Exchange Policy

You may return new, unused items sold by BoomTownBallistics within 15 days of delivery for a full refund less shipping of the purchase price of the Goods returned. To be eligible for a refund, Goods must be returned in their original packaging. Please note that BoomTownBallistics will pay for the return shipping costs only if the return is a result of our error, at BoomTownBallistics discretion.

Refunds will not be issued for Goods returned 15 days after delivery or Goods that are returned not in the condition they were received by Buyer.

If you received a defective item and wish to exchange it for the same item or a credit, you may do so within 15 days of delivery. Please contact customer service at Boerschig@BoomTownBallistics.com ..

BoomTownBallistics reserves the right to refuse any return or exchange.

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Discontinuance/Changes to the Goods

BoomTownBallistics, at its discretion, may revise, modify, change, or discontinue any of the Goods at any time without notice to Buyer. In the event that BoomTownBallistics has discontinued some of all of the Goods ordered by Buyer, BoomTownBallistics will notify Buyer and offer a reasonable comparable Product, if one is available.

BoomTownBallistics reserves the right to make changes to the design and/or technical specifications of the Goods.

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Limitation of Liability

BoomTownBallistics does not guarantee, represent, or warrant that your use of the Webshop will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Webshop for indefinite periods of time or cancel the Webshop at any time, without notice to you. We do not warrant that the results that may be obtained from the use of the Webshop will be accurate or reliable. You expressly agree that your use of, or inability to use, the Webshop is at your sole risk. The Webshop and all products and services delivered to you through the Webshop are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, BoomTownBallistics, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, and title, with respect to the Webshop. BoomTownBallistics does not represent or warrant that the functions contained in this Webshop will be uninterrupted or error-free, that the defects will be corrected, or that the Webshop or the server that makes the site available are free of viruses or other harmful components.

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Changes and Modifications to the Terms and Conditions

You can review the most current version of these Terms and Conditions at any time by accessing or visiting the Webshop.

BoomTownBallistics reserves the right, at any time and for any reason in our sole discretion, to change, modify, amend, replace, and/or update all, or a portion of, these Terms and Conditions. Whenever a change, modification, amendment, replacement, and/or update is made, the new Terms and Conditions will be posted on the Webshop. It is Buyer’s responsibility to check this page periodically. Buyer’s continued use of or access to the Webshop following the posting of any changes to the Terms and Conditions constitutes acceptance of any changes, modifications, amendments, replacements, and/or updates.

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Compliance with Laws

Buyer agrees to and shall comply with all applicable legal requirements, laws, and regulations. In the event that any of the Goods are transferred to third parties, this requirement is also to be pointed out to such third parties. Buyer represents and warrantes that they are of legal age to purchase the Goods and know of no restrictions that would prevent Buyer from purchasing the Goods.

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Severability

The provisions of the Terms and Conditions set forth herein shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and intent of the parties hereto, but if for any reason any provision hereof is determined to be unenforceable or invalid, such provision or such part hereof as may be unenforceable or invalid shall be deemed severed from the Terms and Conditions, and the remaining provisions shall be carried out with the same force and effect as if the provision or part thereof had not been a part of the Terms and Conditions.

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Governing Law and Jurisdiction

Any and all disputes related to or in connection with the use of the Webshop are subject to the laws of the state of New York, USA, with the exclusion of the UN Convention on the International Sale of Goods and applicable conflicts laws provisions. The parties agree to submit to the exclusive jurisdiction of the competent courts of the state of Georgia USA for any and all disputes arising out of or in connection with the direct or indirect use of these websites. In the event BoomTownBallistics is required to incur costs or expenses, including attorneys' fees, in connection with enforcing or defending its rights under the Terms and Conditions, you agree to reimburse BoomTownBallistics for any such costs and expenses, including attorneys' fees. You also agree to defend, indemnify and hold BoomTownBallistics harmless against any and all claims, damages, costs and expenses, including attorneys' fees, arising from, or in any way related to, your use of the Webshop or breach of the Terms and Conditions.

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Revocation of Access

BoomTownBallistics reserves the right to revoke an individual, entity, or Buyer’s access to or use of the Webshop.

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Privacy Policy

Data protection and security

We appreciate your trust, which is why we use extreme care and apply the highest standards of security to protect your personal details against unauthorized access. Your order, your personal detail and the information you provide about payment processing are protected by technical systems and additional authorization procedures. This is the case both during data transfer and storage on our servers.

Use of your data

During data processing, your concerns with regard to data protection are taken into account at all times in accordance with the legal provisions. We process your personal details for order processing and to maintain our customer relationships. Usage also entails the use of your address data for advertising purposes that are carried out solely by BoomTownBallistics.

You may oppose the use and/or processing of your data for marketing purposes at any time by writing a brief letter to:

BoomTownBallistics
1809 25th street west.
Williston, ND 58801

Our technical standards

During data transfer, we use the so-called SSL (Secure Socket Layer) security system in combination with a 128-bit encryption. This technology offers maximum security and is therefore also used, for instance, by banks as data protection during Online banking. You can see whether data are being transmitted in an encrypted manner in the locked depiction of a key and/or lock symbol in the bottom status bar of your browser.

Security During Payment Transactions

All types of payment are comprehensively protected by the above-mentioned security standards.

Your California Privacy Rights

California Civil Code Section§ 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to cs@heckler-koch-us.com or write us at the address below.

BoomTownBallistics
1809 25th street west.
Williston, ND 58801

Authorization, Modification and Deletion of Your Personal Data

You may view, edit and delete your personal details at any time in the 'My BTB' section of the Webshop, which is located under “My Account,” using your e-mail address and password. If at any time you have forgotten your password, you will find a 'Forgotten password’ link on the log-in page that leads you to a form which you need to complete and send to us, indicating the e-mail address we have for you on file. We will send you a replacement password to your e-mail address.

Please note: You should not give your password to third parties, and you should use SSL encryption during the order process whenever we offer it.

Children Under the Age of 18.

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information to the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at Boerschig@BoomTownBallistics.com .

Use of Cookies

Cookies are alphanumerical identification characters that we transfer to the hard disk of your computer using your web browser. They make it possible for our systems to recognize your browser and to display e.g. our advertising for special promotions to you at only limited intervals. In doing so, we would like to avoid showing you an unnecessary amount of advertising.

The help function in the menu bar of most web browsers explains to you how you can prevent your browser from accepting new cookies, how you can get your browser to indicate when you have received a new cookie and also how you can deactivate all the cookies you have received. However, we recommend that you leave the cookie functions activated because it is only possible to control our advertising effectively with cookies.

Information that we receive with the help of cookies serves exclusively to ideally adapt our products and services to customer requirements and to make surfing on our web site as convenient as possible for you.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site.

The information generated by the cookie about your use of the website (including your IP address truncated by the last octet prior to its storage using the “anonymizeIp()” method) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

You can opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en.

Name and address of the operator:

BoomTownBallistics and its agent:

BoomTownBalistics

1809 25th street west.
Williston, ND 58801
E-Mail: Boerschig@BoomTownBallistics.com
Website: www.BoomTownBallistics.com

Sales Tax Identification Number:


85-2314067

You can reach Customer Service by e-mail at:

Boerschig@BoomTownBallistics.com
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Links Provided on BoomTownBallistics

BoomTownBallistics Webshop may contain links to other third-party websites, Internet sites, or resources provided by or operated by third-parties. BoomTownBallistics is not responsible for, and has no control over, the content, operation, or any other aspect of any third-party websites, Internet sites, or resources, and does not, and has no obligation to, monitor or review those third-party websites, Internet sites, or resources. BoomTownBallistics does not endorse, sponsor, or maintain any affiliation with such third-party websites, Internet sites, or resources.

BoomTownBallistics is not responsible or liable for third-party websites, Internet sites, or resources or for any loss(es) or damage that may arise from or relate to your access to or use of third party websites, Internet sites, or resources, including, but not limited to, use of the content thereon. Any access to or use of third-party websites, Internet sites, or resources accessed from a link displayed on BoomTownBallistics Webshop is your choice and at your own risk (and such access and use is subject to the terms, conditions, policies, and other practices provided in connection with the third-party websites, Internet sites, or resources).

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Intellectual Property

BoomTownBallistics Webshop, including, but not limited to, its content, features, texts, graphics, photos, pictures, animated pictures, animations, sounds, depictions, illustrations, images, video, audio, and functionality, and the design, selection, and arrangement of the Webshop, are owned by BoomTownBallistics and/or their licensees and/or content providers and are protected by United States and international laws, including, but not limited to, copyright, trademark, and other intellectual property laws.

Nothing contained in the Terms and Conditions or on the Webshop may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any intellectual property, including, but not limited to, trademarks displayed on the website or web shop, without the express prior written permission of the owner of the intellectual property. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, upload, store or transmit any content, material, or intellectual property from the Webshop. However, your computer or device may automatically, but temporarily, store content from the Webshop.

Unless otherwise noted, all trademarks, service marks, trade names, trade dress, logos, and other intellectual property rights are owned by BoomTownBallistics, and may not be used without their express written permission.

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Miscellaneous

The headings used in the Terms and Conditions are included for convenience only and do not limit or otherwise affect the Terms and Conditions.

Any ambiguities in the interpretation of the Terms and Conditions shall not be construed against the drafting party.

BoomTownBallistics failure to insist upon, exercise, or enforce strict performance of any right or provision of the Terms and Conditions shall not be construed as a waiver of any provision or right.

Neither the course of conduct between the parties nor trade practice shall act to modify the terms of the Terms and Conditions.

BoomTownBallistics may assign its rights and duties under the Terms and Conditions to any party at any time without notice to You.

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General Terms and Conditions
Confirmation of Order
Property, Access Rights and Risk
Payment, Shipment and Delivery.
Return and Exchnge Policy
Discontinuance/Changes to the Goods
Limitation of Liability
Changes and Modifications to the Terms and Conditions
Compliance with Laws
Severability
Governing Law and Jurisdiction
Revocation of Access
Privacy Policy
Links Provided on BoomTownBallistics
Intellectual Property
Miscellaneous
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