terms and conditions
Like many other items we use, when used improperly FIREARMS CAN BE DANGEROUS. By purchasing through this system, you agree to follow all manufacturer safety instructions and to only use the firearms in a safe manner in an approved area for a legal purpose.
- YOUare assuming all responsibility for the legality of a specific item when you purchase it.
- YOUare responsible for checking all local laws before ordering or using an item from com or any manufacturer whose product is sold here.
- YOUare responsible for complying with all firearms laws in your area.
- YOUmust notify us immediately should you have any concerns about the legality of any product you have ordered.
- YOUare responsible for payment for all orders placed through this online system. If you are not sure if you want something – do not order it.
- YOUmust be of legal age to own any items you order.
- YOUmust be at least 18 years of age to purchase ANY item from com. We, at blackspadearmoryky.com, may request a copy of your state identification before shipping your order.
- YOUmust provide a valid contact phone number with any order placed. We, at com, may contact you at the provided phone number before processing any order.
If you have questions or concerns, it is your responsibility to contact us prior to placing an order.
In making a purchase from blackspadearmoryky.com, YOU declare and warrant that:
- YOUare not prohibited by Federal or State law, or local ordinance, from receiving firearms or ammunition, or ammunition components, of any kind.
- YOUare at least eighteen (18) years of age if purchasing long guns or long gun ammunition or ammunition components.
- YOUare at least twenty-one (21) years of age if purchasing a hand gun or ATF-defined “OTHER” firearm (including, but not limited to, stripped receivers, frames, and pistol-grip shotguns) OR ammunition or ammunition components for use in handguns.
- YOUare the actual transferee/buyer of the firearm(s) you are purchasing from com. (WARNING: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person).
- YOUare not under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year.
- YOUhave not been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation.
- YOUare not a fugitive from justice.
- YOUare not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.
- YOUhave not been adjudicated mentally defective (which includes a determination by a court, board, commission, or other lawful authority that you are a danger to yourself or to others or are incompetent to manage your own affairs) OR have not been committed to a mental institution?
- YOUhave not been discharged from the Armed Forces under dishonorable conditions.
- YOUare not subject to a court order restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner.
- YOUhave not been convicted in any court of a misdemeanor crime of domestic violence.
- YOUhave never renounced your United States citizenship.
- YOUare not an alien illegally in the United States.
- YOUare not currently on Federal NICS or State agency “DELAY” OR “DENIED” status regarding your most recent attempt to purchase a firearm. Firearm AND/OR ammunition or ammunition component sales or transfers are prohibited during these conditions.
- YOUunderstand that handling, cleaning, or discharging firearms, ammunition or ammunition components may cause exposure to lead, and YOU hold com harmless and YOU assume ALL RESPONSIBILITY for any lead exposure.
ITAR (International Traffic in Arms Regulations) and EAR (Export Administration Regulations) Compliance Statement
By ordering any product(s) from blackspadearmoryky.com, you certify that you, or third-party entities at your direction, will not sell, transport, ship or transfer outside the borders of the United States, nor to any foreign person1, any product(s) which are export-restricted by U.S. export-control law and regulation, without proper U.S. Government export authorization, licensing, and documentation.
Export-restricted items include, but are not limited to, firearms, ammunition, electronic equipment, certain gear and firearm accessories, weapon-mounted or handheld optical equipment including rifle or handgun scopes, night vision and night vision accessories, holographic sight systems, “red-dot” optics, thermal vision, and tactical lights and lasers, knives, and body armor including vests, helmets and shields.
You must indicate on your order if you intend for an item(s) to be exported. An indication of desire of exportation in no way compels blackspadearmoryky.com to assist with export in any way, before or after purchase of an item(s). Export, or attempt to export, any controlled or prohibited items outside of the U.S. without complying with U.S. export control regulations can result in severe civil and criminal penalties and/or constitute a federal crime. We, at blackspadearmoryky.com, will not participate in any transaction, directly or indirectly, involving the illegal export or re-export of any prohibited items.
Conditions of Use
Welcome to blackspadearmoryky.com. Black Spade Armory, and its affiliates, provide their services to you subject to the following conditions. If you visit or shop at blackspadearmoryky.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future, service, visit or purchase from any business affiliated with blackspadearmoryky.com, whether included in the blackspadearmoryky.com website or not, you also will be subject to the guidelines and conditions applicable to such service or business.
CANCELLATION AND ORDER CHANGE FEES
We invest time and money to prepare every order that is placed on our site, even before the order ships. After you have placed your order online, or over the phone with a sales associate you will be charged a 10% Cancellation/Change fee if you decide to cancel the order or substitute products. You will not be charged any additional fee for adding items to an existing order. By placing an order online or making a phone order with a sales associate you agree to pay this 10% Cancellation/Change fee should you cancel or change your order. Our business is not set up to change orders easily. We apologize for having to implement these charges, but it is necessary to keep our prices low for our customers.
ITEM AVAILABILITY (Guaranteeing you will get the item)
Occasionally we have only one item in stock and more than one person orders it. We will honor the first funded order. If we run out of stock we will cancel your order and refund your money.
If you do not pay with credit card or ACH we do not hold items from your order. Consequently, if someone else with guaranteed funds buys the same item it may become unavailable and we cannot ship one to you. Once you place an order with us we will set your items aside with your name on them ONLY after your order is funded. This is our only way to know you are serious about the order. If you do send us a check or money order and we sell the item to someone else, we will return and void your personal check or mail you a refund check.
ONLINE PRICE & DESCRIPTION ERRORS
Our online inventory changes every day. Occasionally an item may appear on the site by mistake or the item’s description may contain a typographical error. We do not guarantee that titles, descriptions or pictures on our site are error-free. We reserve the right to refuse any order including but not limited to orders for items with errors in the description or price. In the event we cancel an order, we will not charge the customer’s credit card or we will return the money.
If an item’s description contains an error such as incorrect price and a customer orders one, we will not process the order without first contacting the customer. If the order is mistakenly shipped, we may advise the customer to return the item in an unopened condition and we will not bill the customer. By placing an order, the customer agrees that blackspadearmoryky.com will be the final arbiter of discrepancies in the online catalog.
Please review our Privacy Notice, which also governs your visit to blackspadearmoryky.com, to understand our practices.
When you visit blackspadearmoryky.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of blackspadearmoryky.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of blackspadearmoryky.com and protected by U.S. and international copyright laws. All software used on this site is the property of blackspadearmoryky.com or its software suppliers and protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
We, at blackspadearmoryky.com, grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of blackspadearmoryky.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of blackspadearmoryky.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of blackspadearmoryky.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the blackspadearmoryky.com name or trademarks without the express written consent of blackspadearmoryky.com. Any unauthorized use terminates the permission or license granted by blackspadearmoryky.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of blackspadearmoryky.com so long as the link does not portray blackspadearmoryky.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any blackspadearmoryky.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use blackspadearmoryky.com only with involvement of a parent or guardian. We, at blackspadearmoryky.com and our affiliates, reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders with sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We, at blackspadearmoryky.com, reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant blackspadearmoryky.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant blackspadearmoryky.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify blackspadearmoryky.com or its affiliates for all claims resulting from content you supply. We, at blackspadearmoryky.com, have the right but not the obligation to monitor and edit or remove any activity or content. We, at blackspadearmoryky.com, take no responsibility and assume no liability for any content posted by you or any third party.
We, at blackspadearmoryky.com and our affiliates, respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact a member of our management team.
RISK OF LOSS
All items purchased from blackspadearmoryky.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We, at blackspadearmoryky.com and our affiliates, attempt to be as accurate as possible. However, blackspadearmoryky.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by blackspadearmoryky.com itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY blackspadearmoryky.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. We, at blackspadearmoryky.com, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, blackspadearmoryky.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE. We, at blackspadearmoryky.com, DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM blackspadearmoryky.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. We, at blackspadearmoryky.com, ARE NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting blackspadearmoryky.com, you agree that the laws of the state of Kentucky, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and blackspadearmoryky.com or its affiliates. All disputes arising in any way out of use of this website shall be heard exclusively in, and the parties irrevocably consent to jurisdiction and venue in, the federal District Court for the Eastern District of Kentucky, located in Lexington, Fayette County, Kentucky, or the state courts located in Georgetown, Scott County, Kentucky.
SITE POLICIES, MODIFICATION, AND SERVICEABILITY
Please review our other policies posted on this site. These policies also govern your visit to blackspadearmoryky.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
1 “Foreign Person” under ITAR § 120.16 means “any natural person who is not a lawful permanent resident as defined by 8 U.S.C. § 1101 (a)(20) or who is not a protected individual as defined by 8 U.S.C. § 1324b(a)(3)”, and can mean “any foreign corporation, business association, trust, society, or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments, and any agency or subdivisions of government (e.g. diplomatic missions).”