Terms and Conditions - BERSERKER TACTICAL

he Terms and Conditions were last updated on May 11, 2024

1. INTRODUCTION

These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

2. BINDING

By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

3. ELECTRONIC COMMUNICATION

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

4. INTELLECTUAL PROPERTY

We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.

4.1 All the rights are reserved

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

5. NEWSLETTER

Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.

6. THIRD-PARTY PROPERTY

Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

7. RESPONSIBLE USE

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

8. REGISTRATION

You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

After account termination, you will not attempt to register a new account without our permission.

9. SALES, RETURN, and REFUND POLICIES

9.1 General firearm sales policy:

All firearms, magazines, receivers and restricted law enforcement items are sold and shipped in accordance with all existing federal, state and local laws and regulations. Many of the firearms, magazines and parts for sale on this website may be restricted or prohibited in your area. Please check your local and state regulations before ordering.

All new firearms are shipped in the original manufacturer’s box, with magazine(s), accessories and applicable warranty. Firearms requiring warranty work must be returned to the factory within 1 year of purchase for repair. Accessories and special order items not normally sold by our store will not be covered under warranty even if these products are part of an integrated firearms package, unless we have guaranteed the entire package in writing. Please contact the original manufacturer for warranty information on all accessories and special order items.

It is illegal to ship firearms to anyone not holding an active Federal Firearms License (FFL). For that reason, firearms purchased online must be shipped to an FFL (gun store) near you. The buyer is encouraged to contact the receiving FFL licensee before purchase. We must receive a copy of the FFL’s signed and dated license via email or other electronic means prior to shipping. In the event that you’ve selected an FFL through a provided selector, this may happen automatically, but it is ultimately the buyer’s responsibility to arrange the transfer.

9.2 Legality of your purchase:

Many States have very restrictive gun laws. The buyer’s responsible for ensuring all items and orders can be legally obtained and owned in your area before placing your order. If a mistake happens, notify us immediately and we will make every effort to stop any shipment once notified of a legal issue, but buyers will be charged a 25% restocking fee for any orders that are illegal for you to own. At our discretion we may reduce the restocking fee to %15 if we can stop the shipment of the item prior to transfer to a state where it cannot be released to the buyer by law, thus requiring a return/refund. Shipping fees will also be the responsibility of the buyer. Concerning magazine size-limited states, we will ship your item without the magazine at your request, or ask your FFL to drop us a not stating they will accept the magazine and bring it into compliance with local laws.

All items requiring an FFL by law will only be shipped to an appropriate FFL. We cannot ship to type 3 FFL holders (C&R or Collector FFLs) unless the item is an actual Curio and Relic as defined by the ATF.

We ship to the lower United States only. We do not ship to US Territories, or internationally. Sorry, no exceptions. We do not routinely ship to: Alaska and Hawaii due to prohibitive shipping costs, but please contact us if you’re willing to cover the increased costs, and we’ll see what we can do for you.

9.3 Sales in other venues:

We do sell in other online venues and may need to cancel/refund this order if we have sold this last exact item elsewhere. It is a rare occurrence, but the possibility exists and we want you to know that ahead of time. To confirm availability, please message us.

9.4 Return policy:

ALL SALES ARE FINAL UNLESS THE ITEM IS ILLEGAL TO POSSESS IN YOUR STATE.

Description and photos are provided by the seller. Please double-check the listing and ask any questions you have before completing your purchase.

All unauthorized returns will be refused.

NFA-regulated merchandise canceled before shipment is subject to a 10% restocking fee to cover the cost of completing the transfer. NFA-regulated merchandise that has been shipped and is being returned due to illegality is subject to a 35% restocking fee.

9.5 Refused or undeliverable shipments:

First refused shipment = 25% Restocking Fee and no further purchases will be accepted.

As the buyer, you are responsible for all shipping costs in addition to a 15% restocking fee in the case that your order can’t be delivered and is returned to us by the carrier.

9.6 Secure transmission:

All information collected during the checkout process is transmitted via industry standard Transport Layer Security (TLS). A Transport Layer Security (TLS) Certificate (or SSL Certificate) creates an encrypted connection between a Web site and a visitor’s Web browser. This link ensures that all data passed between the Web site and the browser remains private and secure.

9.7 Order fulfillment:

All orders are shipped promptly from a distributor warehouse or in-store inventory within 3 – 10 business days using UPS, FedEx, or USPS. Tracking numbers are available for items shipped via UPS and FedEx.

9.8 Online price and description errors:

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, pictures or prices 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 that we cancel an order we will not charge the customer’s credit card or we will refund the money.

9.9 Ammunition purchases:

You must be 18 or older to purchase rifle or shotgun ammunition and 21 or older to purchase handgun ammunition. All ammunition will be shipped ground with adult signature required. Always make sure to use the correct ammunition for your specific firearms. Check your local laws for any other regulations.

10. IDEA SUBMISSION

Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

11. TERMINATION OF USE

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

12. WARRANTIES AND LIABILITY

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

this website or our products or services will meet your requirements;
this website will be available on an uninterrupted, timely, secure, or error-free basis;
the quality of any product or service purchased or obtained by you through this website will meet your expectations.

Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

13. PRIVACY

To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.

We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

14. EXPORT RESTRICTIONS / LEGAL COMPLIANCE

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of United States.

15. ASSIGNMENT

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

16. BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

17. FORCE MAJEURE

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

18. INDEMNIFICATION

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

19. WAIVER

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

20. LANGUAGE

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

21. ENTIRE AGREEMENT

These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Berserker Tactical in relation to your use of this website.

22. UPDATING OF THESE TERMS AND CONDITIONS

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

23. CHOICE OF LAW AND JURISDICTION

These Terms and Conditions shall be governed by the laws of United States. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of United States. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

24. CONTACT INFORMATION

This website is owned and operated by Berserker Tactical.

You may contact us regarding these Terms and Conditions through our contact page.