GENERAL TERMS AND CONDITIONS
Please read it carefully.
These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
These Terms of Use apply to all users of the www.mtrdefense.com Site, including without limitation users who are Buyers (as defined below), Dealers (as defined below), contributors of content, information and other materials or services on the site (each a “User” and collectively “Users”). By acknowledging your assent to these Terms of Use or by placing an order for products or services from the www.mtrdefense.com Site, you affirm that you are of legal age to enter into this agreement, and you accept and are legally bound by these Terms of Use. If you are a Dealer, you are also subject to the www.mtrdefense.com Dealer Terms of Use, which are available to Dealers at the Dealer Portal.
You may not use the www.mtrdefense.com Site if you (a) do not agree to and comply with these Terms of Use, or (b) are prohibited from accessing or using the www.mtrdefense.com Site or any of the www.mtrdefense.com Site’s contents, goods or services by applicable Law (as defined below).
We reserve the right to modify or terminate these Terms of Use, or modify the services we provide, at any time.
1. www.mtrdefense.com Online Marketplace.
- www.mtrdefense.com has developed and operates an online marketplace at the www.mtrdefense.com Site for the sale of Guns (as defined below), ammunition, optics, magazines and certain other products and accessories (collectively, “Products”) to Buyers where legally permissible in the United States of America, but excluding U.S. territories, which operates in part with the use of a network of authorized FFL Dealers (as defined below) who are licensed to transfer Guns and have agreed with www.mtrdefense.com, among other things, to list and make their inventory available for sale through the www.mtrdefense.com Site. Each such FFL Dealer who participates as a member of the www.mtrdefense.com network of authorized dealers is referred to in these Terms as a “Dealer”. Each Dealers’ participation in the network of dealers authorized by www.mtrdefense.com is subject to the terms and conditions of www.mtrdefense.com’s Network Dealer Terms of Use. In order for a Gun to be transferred to a Buyer, the transfer must be completed by a firearms dealer who holds a valid Federal Firearms License (an “FFL Dealer”) (which FFL Dealer may or may not be a member of the www.mtrdefense.com authorized network of Dealers), and the transfer must be affected in accordance with all applicable Laws. The term “Buyer” as used herein means any natural person who both accesses and uses the www.mtrdefense.com Site and is a potential or actual purchaser of a Product from the www.mtrdefense.com Site. The term “Gun” means a firearm as defined in 18 United States Code Section 921(a).
2. Purchase and Sale of Products Generally.
- You agree that any order you place on the www.mtrdefense.com Site is an offer to buy all Products listed in your order, subject to these Terms of Use. All orders are subject to acceptance by www.mtrdefense.com and www.mtrdefense.com is under no obligation to accept any order or otherwise sell the Products to you. www.mtrdefense.com may choose, at its sole discretion, not to accept orders, even after we send you a confirmation email with your order number and details of the items you have ordered. NO SALE OF A GUN IS COMPLETE UNTIL THE GUN HAS BEEN TRANSFERRED BY AN FFL DEALER TO THE PURCHASER IN ACCORDANCE WITH APPLICABLE LAW AND ALL APPLICABLE REQUIREMENTS OF THESE TERMS OF USE HAVE BEEN SATISFIED. If the FFL Dealer is unable to transfer a Gun to a Buyer in accordance with applicable Law, see Section 6 below.
- www.mtrdefense.com will use commercially reasonable efforts to verify the availability of requested Products in a timely manner. www.mtrdefense.com tries to maintain an accurate listing of inventory available but is ultimately dependent upon its network of suppliers to provide accurate inventory availability information. If a Buyer places an order for a firearm(s) and other accessory items, the accessories will be put in a hold status until availability of the firearm is confirmed. If for any reason the firearm is unavailable and the purchase cannot be completed, the entire order, including accessories and non-firearm items, will be canceled and the Buyer notified. All other orders may be partially fulfilled and any applicable refunds will be given to the Buyer.
- Buyers are responsible for reading the complete Product description prior to placing an order, especially in regards to the condition of used Guns. www.mtrdefense.com attempts to ensure Product descriptions and prices are as accurate as possible. However, it is the Dealer’s responsibility to provide accurate descriptions, specifications, pricing, images, and inventory status for all Dealer’s used Products listed on the www.mtrdefense.com Site, and www.mtrdefense.com does not warrant that any Product description or other content is accurate, complete, reliable, current or error free. www.mtrdefense.com reminds the Buyer to verify all Guns before leaving the Dealer and in the case of a situation where a customer chooses not to take delivery of the Gun because of an error in the description on the www.mtrdefense.com Site, www.mtrdefense.com will use its best efforts to remedy any mistakes.
- Not all Products are available in all areas due to federal, state, or local Laws. www.mtrdefense.com reserves the right to limit Product quantities. For new Products many of our pictures are stock photos provided to us by the manufacturer and do not necessarily represent the actual item being purchased. Please verify the Product by the title and description in the listing and don’t rely on the photos alone.
- A Buyer must pick up any Gun he or she orders through the www.mtrdefense.com Site from the designated FFL Dealer facilitating the Gun transfer within 14 days of the date such order is available for pickup from such FFL Dealer. If the Buyer fails to pick up his or her order within this time frame, the order is subject to cancellation, in which case the Product at issue will be shipped back to www.mtrdefense.com and the Buyer will be charged certain restocking and shipping fees.
- Your purchase and receipt of all Products is subject to compliance with all federal, state and local laws, statutes, ordinances, rules and regulations (“Laws”). By proceeding with the purchase of any Products offered on the www.mtrdefense.com Site, the Buyer certifies: (i) the Buyer has reviewed all applicable Laws related to the use, possession, purchase and/or ownership of the Products; (ii) the Buyer is legally permitted to use, possess, purchase and/or own the Products; and (iii) the Buyer does not intend to transfer any Products in violation of any applicable Laws. BUYER IS RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO THE ORDER, SHIPMENT, DELIVERY, SALE, TRANSFER, POSSESSION AND USE OF ALL PRODUCTS ORDERED BY BUYER, INCLUDING, WITHOUT LIMITATION, GUNS, AMMUNITION AND ANY OTHER PRODUCTS RESTRICTED BY LAW.
- You are solely responsible for your any activity on your account for keeping your password secure.
3. Prices and Payment Terms
- All prices on the www.mtrdefense.com Site are quoted in US currency. All prices, discounts, and promotions posted on the www.mtrdefense.com Site are subject to change without notice. The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in the Buyer’s order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in the shopping cart and in the order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- From time to time, we may offer promotions on the www.mtrdefense.com Site that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.
- Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept the methods of payment identified during the checkout process on the www.mtrdefense.com Site. Each Buyer represents and warrants that (i) the credit card or other payment information he or she supplies to us is true, correct and complete, (ii) such Buyer is duly authorized to use such credit card or payment method for the purchase, (iii) charges incurred by such Buyer will be honored by his or her credit card company or payment method processor, and (iv) such Buyer will pay charges incurred by him or her at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the www.mtrdefense.com Site at the time of the order.
- Products will only be delivered to the owner of the credit card or the account holder of the payment method used to make the purchase without exception.
4. Shipments; Delivery.
- You represent and warrant to www.mtrdefense.com that all Products you order through the www.mtrdefense.com Site may be shipped, delivered, sold and transferred to you and possessed by you in the jurisdiction you specify for delivery in accordance with all Laws. You are responsible for complying with all applicable Laws, including all local laws, ordinances, rules and regulations.
- www.mtrdefense.com will arrange for shipment of ordered Guns to a Dealer near you, or if you prefer, another FFL Dealer in your area as you direct. A transferring FFL Dealer that is not a www.mtrdefense.com authorized Dealer must provide www.mtrdefense.com evidence reasonably satisfactory to www.mtrdefense.com that it is a validly licensed FFL Dealer. Please check the individual product page for specific delivery options. Buyer will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of the order.
- Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- www.mtrdefense.com has a compliance protocol in place to help prevent the shipment of Guns and any other restricted Products to a jurisdiction in which such Guns or restricted Products are prohibited by Law. However, should a firearm get shipped to a jurisdiction in which the forearm is prohibited by Law, the transaction will be canceled and will require the firearm to be returned to www.mtrdefense.com in accordance with Section 6 below.
- Bulk orders may be charged an added fee based on the shipping policy in place at the time of order.
- www.mtrdefense.com does not ship to PO Boxes, Alaska, Hawaii, Puerto Rico, or APO/FPO addresses.
- Free Shipping promotions do not apply to Bulk Orders or to Expedited Shipping orders. The minimum purchase amount to qualify for each free shipping offer does not include firearms processing fee or tax.
5. Package Protection.
- To provide greater safety, security and assurance for our customers www.mtrdefense.com automatically includes Package Protection at a flat rate as part of its shipping and delivery services for all Products ordered from the www.mtrdefense.com Site. Package Protection is available on orders up to $5,000.00. Package Protection is included automatically at checkout, but Customers may opt out of using www.mtrdefense.com Package Protection by un-checking the Package Protection box at checkout.
- With www.mtrdefense.com Package Protection, if the customer submits a claim for a lost, stolen or damaged package, and www.mtrdefense.com confirms that the package was lost, stolen or damaged during shipping, www.mtrdefense.com will, at their sole discretion, either provide replacement product(s) that is the same as the covered item(s), or the purchase price of the Product shall be refunded in full. The amount refunded will only include the purchase price of the item, plus applicable shipping, taxes, and fees. The amount refunded will not include the price charged for the Package Protection coverage itself. If a Product is delivered that was damaged in transit, the customer must notify www.mtrdefense.com within 24 hours of delivery, and www.mtrdefense.com, at its sole discretion, may or may not require photographic evidence of the damaged Product in order to determine refund eligibility, and may require the Product be returned to www.mtrdefense.com in accordance with Section 6 below.
6. Returns and Refunds.
- You should carefully inspect all Guns before leaving the FFL Dealer, as the www.mtrdefense.com Return and Refunds Policy only covers malfunctioning Guns as described below. All sales are final once you leave the FFL Dealer with your Gun, except as specifically provided below.
- The www.mtrdefense.com Returns and Refunds Policy is handled directly by www.mtrdefense.com, not the Dealer. If you have questions about this Policy, please contact MTR Defense via the www.mtrdefense.com Site.
7. www.mtrdefense.com New Gun Return Policy:
- All new gun sales are final. New Guns will be covered by any applicable manufacturer’s warranties. www.mtrdefense.com may assist Buyers in contacting the manufacturer but does not assume any warranty responsibility. See Section 7 below regarding certain disclaimers. If a new Gun is purchased from www.mtrdefense.com and has mechanical defects or otherwise does not function properly, the manufacturer’s warranty policy will apply, and Buyers must work directly with the manufacturer.
- To return Guns, a Buyer must contact www.mtrdefense.com to obtain a Return Merchandise Authorization ("RMA") number. No returns of any type will be accepted by www.mtrdefense.com without an RMA number.
- www.mtrdefense.com does not take title to, or accept risk of loss for, returned Guns until the Gun arrives back at the www.mtrdefense.com facility.
- If the Buyer does not pass a background check or the transfer is not otherwise able to be completed, whether the Buyer is not able to take legal possession of the Gun or for any other reason, the transaction will be canceled. Upon such cancellation, the Buyer will be charged a 15% restocking fee plus the cost of return shipping and the remainder of the transactional charges, less the original shipping costs, will be refunded to the Buyer. Guns shipped to the designated FFL Dealer which are not picked up within 14 days of arrival are subject to a 15% restocking fee plus the costs of shipping. In both instances, the www.mtrdefense.com fees and any shipping charges to the transferring FFL Dealer are not refundable.
- The terms and conditions found in this section supersede all Dealer return, refund and warranty policies.
8. No Returns of Optics, Magazines, Holsters, Knives, Hunting Gear, Range Gear, Upper Receivers and other Accessories.
- All sales of the above items listed are final.www.mtrdefense.com does not accept returns of these for any reason whatsoever. No refunds, credits, discounts or exchanges will be issued for any reason.
- All sales of optics, magazines, holsters, knives, hunting gear, range gear, upper receivers and other accessories are final.www.mtrdefense.com does not accept returns of optics, magazines and other accessories for any reason whatsoever. No refunds, credits, discounts or exchanges will be issued for any reason for any optics, magazines and other accessories. Optics, magazines and other accessories may be covered by applicable manufacturer’s warranties. www.mtrdefense.com may assist Buyers in contacting the manufacturer but does not assume any warranty responsibility.
- The terms and conditions found in this Section supersede all Dealer return, refund and warranty policies.
9. Merchandise Returns.
- www.mtrdefense.com clothing and merchandise (not including Guns, optics, magazines and certain other Products sold on the www.mtrdefense.com Site) can be returned within 30 days of receipt. www.mtrdefense.com provides free return shipping on www.mtrdefense.com branded merchandise and on all clothing eligible for return. Returned clothing may not be washed or worn or have any damage.
10. Disclaimers
- If used improperly, Guns can be dangerous. If you order a Gun through the www.mtrdefense.com Site, you agree to follow all manufacturer safety instructions and to use any such Gun in a safe manner, in an approved area, and solely for legal purposes.
- www.mtrdefense.com does not manufacture any of the Products offered on the www.mtrdefense.com Site. The availability of Products or services through the www.mtrdefense.com Site does not indicate an affiliation with or endorsement of any Product, service, manufacturer or Dealer. Accordingly, www.mtrdefense.com does not provide any warranties with respect to the Products or services offered on the www.mtrdefense.com Site. However, some Products offered on the www.mtrdefense.com Site are covered by the manufacturer's warranty as detailed in the Product's description on the www.mtrdefense.com Site and included with the Product. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer's warranty.
- www.mtrdefense.com assumes no, and Buyer hereby releases www.mtrdefense.com from any, responsibility for Product defects or malfunctions or for physical injury or property damage, whether resulting in whole or in part from criminal or negligent use of a Product, improper or careless handling, unauthorized modifications, use of defective, improper hand-loaded, reloaded or remanufactured ammunition, Buyer abuse or neglect of the Product or other influences beyond www.mtrdefense.com’s direct and immediate control, or otherwise.
- You affirm that www.mtrdefense.com shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer's failure to honor its warranty obligations to you.
- You understand that handling, cleaning or discharging a Gun, ammunition or ammunition components may cause exposure to lead, and you hereby hold www.mtrdefense.com harmless from and assume all responsibility and liability for any lead exposure.
- www.mtrdefense.com MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR THE www.mtrdefense.com SITE, WHICH ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, www.mtrdefense.com DISCLAIMS ALL WARRANTIES RELATING TO THE PRODUCTS, THE www.mtrdefense.com SITE OR THE USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SAFETY OR NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.