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LuckyGunner.com has a live inventory system that removes any out-of-stock items from our website the moment the last unit is ordered.
If you see it, we have it in stock and ready to ship.
By using this website or placing an order with LuckyGunner.com, you are agreeing to the below statements and terms of sale.
Agreement to Indemnify and Defend for Misrepresentation
If any of the above statements under the “Customer Affidavit” section of these Terms and Conditions are untrue, you agree to release, hold harmless, indemnify, and pay to defend LuckyGunner, LLC (DBA LuckyGunner.com) and its owners, agents, officers, and employees against any resulting damages, including reasonable attorneys' fees, civil liability, or criminal prosecution.
We do our best to ensure that your product reaches your door as quickly and as trouble-free as possible. At checkout, you will have the opportunity to select a shipping carrier (UPS or FedEx) and to designate the address to which you would like your products shipped. You cannot change this information after checkout. Title to your products will transfer to you once they are delivered to the address you provided at checkout, based on the delivery date and time reflected in the shipping carrier’s records. Once your products are delivered, you assume all responsibility for them, including the risk that they may be stolen or damaged. You release LuckyGunner, LLC (DBA LuckyGunner.com) from all liability and responsibility for your products after they are delivered.
Shipping Destination Restrictions
LuckyGunner.com does not ship outside the United States or to Alaska, Hawaii, California, Massachusetts, Chicago, New York City, or any other area within the United States where we are prohibited by law from shipping product. If you attempt to have product shipped to these restricted areas, your order will be cancelled and you will be subject to the cancellation fee described below.
Order Cancellation by Customers
We want to provide you with excellent customer service. This includes shipping your order as quickly as possible. Our system is 100% automated, so the moment you place your order our system starts preparing your products to ship. This means that you may not cancel or change your order once it has been submitted. Additionally, for your security, we cannot alter any product information or credit card charges after your order has been submitted.
Order Cancellation by LuckyGunner.com
We do not like canceling orders, but we reserve the right to cancel your order if you do not abide by these Terms and Conditions. If we choose to cancel your order, you will receive a refund of the full purchase amount less a cancellation fee of $30.00 or 5% of the total purchase amount, whichever is greater.
Refusal to Accept Delivery
By placing an order with LuckyGunner.com, you agree to accept delivery of your order at the shipping address designated at checkout. If you fail or refuse to accept delivery of your order, then you will forfeit the full purchase amount, including all taxes and shipping fees, and be charged for the cost of shipping the order back to our warehouse. To be clear, you will not receive a refund if you fail or refuse to accept delivery of your order.
Due to the unique nature of the products we sell, we only accept returns for damaged or defective products. This does not include damage to boxes or packaging, only to the products themselves. Products must be returned within 30 days of your order date.
To initiate a return, please e-mail us at firstname.lastname@example.org so one of our friendly customer experience team members can send you a Return Request form to complete. We will not issue a refund for any products returned to our warehouse that do not have an approved Return Request form on file.
You must complete the Return Request form in full. Any damage must be noted in your form and you must supply pictures documenting the damage. Once you complete and return the form, we will review it to determine whether, in our discretion, your products are eligible to be returned. If your return is approved, we will send you a pre-paid shipping label so that you can send the damaged products back to our warehouse. You are responsible for properly packing and securing your products to protect them from damage during transit back to us. All returned products are examined upon arrival at our warehouse. Once we receive and examine your return we will either send you a replacement or issue you appropriate store credit. Only products in new/sellable condition will receive a full credit, unless the damage occurred in transit to you and you properly notified and documented the damage in your Return Request form.
If you decide you want the product back after it has been received at our warehouse, we are happy to collect additional payment from you to cover the costs to ship the product back to you.
Release of Liability and Agreement to Indemnify and Defend
While LuckyGunner, LLC (DBA LuckyGunner.com) strives to offer high quality products and excellent customer service, it is merely a retailer of products that are designed, manufactured, and tested by other companies. Therefore, you agree that LuckyGunner, LLC shall not be liable for any claims or damages, or for the breach of any warranty, express or implied, whether of merchantability or fitness for any purpose or otherwise, in any way related to any of the products listed on LuckyGunner.com.
Furthermore, you understand and acknowledge that LuckyGunner, LLC disclaims all liability for the accuracy of information provided to you, and for how you use information provided to you, by LuckyGunner, LLC. You understand and acknowledge that LuckyGunner, LLC cannot be held liable for how you or anyone else uses any information received from LuckyGunner, LLC. Therefore, you agree to release, hold harmless, indemnify, and pay to defend LuckyGunner, LLC and its owners, agents, officers, and employees against any damages, including reasonable attorneys' fees, civil liability, or criminal prosecution arising from or related to your use of information provided by LuckyGunner, LLC. You further understand that manufacturers are the best resources for information about their products, including critical safety information. You must review all information and safety warnings from product manufacturers before purchasing and using products from LuckyGunner.com.
By placing an order with LuckyGunner, LLC, you agree that you alone are responsible for how the product is used by you or by any other party. You agree to release, hold harmless, indemnify, and pay to defend LuckyGunner, LLC and its owners, agents, officers, and employees against any resulting damages, including reasonable attorneys' fees, civil liability, or criminal prosecution arising from or related to the products you purchase, including, but not limited to, the use, storage, or transportation of the product. If any other party files a claim of any kind against LuckyGunner, LLC arising out of or relating to your purchase, use, storage, or transportation of products from LuckyGunner.com, you will indemnify and pay to defend LuckyGunner, LLC and its owners, agents, officers, and employees against any resulting damages, including reasonable attorneys' fees, civil liability, or criminal prosecution.
You agree that if you choose to file a lawsuit against LuckyGunner, LLC or any of its owners, agents, officers, or employees, that lawsuit must be filed in a court located in Knox County, Tennessee. You agree that any lawsuit filed in any other jurisdiction shall be immediately removed to Knox County, Tennessee and that you will reimburse LuckyGunner, LLC and its owners, agents, officers, and employees for any costs, including reasonable attorneys' fees, they incur in defending a lawsuit or effecting its removal until the lawsuit is properly before a court in Knox County, Tennessee.
You agree that Tennessee law will govern (i) your purchase and use of any products from LuckyGunner.com; (ii) any information you receive from LuckyGunner.com; (iii) any legal action instituted against you by LuckyGunner, LLC; and (iv) any legal action you institute, or that someone else institutes as a result of your actions, against LuckyGunner, LLC.
Class Action Waiver
You agree that any dispute resolution proceedings, including litigation, arbitration, or mediation, between you and LuckyGunner, LLC will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this agreement, you acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of your right to bring any claims against LuckyGunner, LLC as part of, or on behalf of, any class or any other individuals.
Recording Customer Phone Calls
Our goal is to provide you with excellent customer service every chance we get. To help us do that, we need to be able to record and monitor your phone calls with our customer service team. If you communicate with any of our agents or representatives by telephone, you are authorizing LuckyGunner, LLC to record and monitor your phone calls with those agents or representatives.
Trademarks and Copyright
All content on the LuckyGunner.com website is copyrighted by LuckyGunner, LLC. Furthermore, the trademark "Lucky Gunner" has been Registered in the U.S. Patent and Trademark Office by LuckyGunner, LLC.
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