THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR REPAIR OR MODIFICATION SERVICES THROUGH THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
- Website User Agreement. These terms and conditions (these “Terms”) apply to the purchase and sale of shotgun repair and modification services through www.ColeGun.com (the “Site”). These Terms are subject to change by Cole Gunsmithing, Inc. (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you must review these Terms before purchasing any shotgun repair services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
- Order Acceptance and Cancellation. You agree that your order is an offer to purchase, under these Terms, the shotgun repair or modification services described in your order form. All orders must be accepted by us or we will not be obligated to provide to you the requested shotgun repair services. We may choose not to accept any orders in our sole and absolute discretion. After having received your order, you will receive a shotgun repair services confirmation email. You have the option to cancel your order at any time prior to shipping by calling our Customer Service Department at 239-352-0345 (Florida) or 207-833-5027 (Maine).
- The work order emailed to you must be printed and included with your shotgun within the package you send to Cole Gunsmithing, Inc. ANY SHOTGUN SENT TO COLE GUNSMITHING, INC. WITHOUT A WORK ORDER WILL BE DELAYED IN PROCESSING AND WORK COMPLETION.
- Gunsmithing Fee. You understand and agree that upon Our Sending of the shotgun repair services order confirmation e-mail to you your Credit card will immediately be charged a non-refundable fee (handling, evaluation and inspection fee) in the amount of $25.00.
- Payment Terms. You shall pay all invoiced amounts due to Cole Gunsmithing, Inc. on receipt of Cole Gunsmithing, Inc.’s final invoice. The return shipment of your shotgun shall not be initiated by Cole Gunsmithing, Inc. until all amounts invoiced for the repair of your shotgun have been paid in full. All amounts not timely paid within thirty (30) days of the invoice date shall bear interest at the rate of one and one-half percent (1.5%) per month until proper payment is made to Seller. Additionally, you agree to pay Cole Gunsmithing, Inc. for any and all attorney’s fees and other associated costs reasonably incurred collecting the delinquent payments owed under this Contract.
- Shipment, Title and Risk of Loss. You remain responsible for the risk-of-loss for the products until delivery of the same to Cole Gunsmithing, Inc. For return shipment, title and risk of loss pass to you upon our transfer of your shotgun to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Customer Representations. You represent and Warrant that (i) the Credit card information you supply to us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase of shotgun repair services; (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the invoiced prices, including all applicable taxes, if any.
- No Guarantee of Repair. Cole Gunsmithing, Inc. does not guarantee that we can repair your shotgun. We must first inspect your shotgun to determine: (i) if the shotgun can be repaired successfully, and (ii) an estimated cost for such repair.
- Forum Selection. Any legal suit, action or proceeding arising out of or based upon these Terms or the transactions contemplated hereby may be instituted only in the state courts of the State of Florida in each case located in County of Collier, and in no other court, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
- Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God.
- Attorney Fees. In the event any suit or action is brought by any party under this Agreement to enforce any of its terms, or in any appeal therefrom, it is agreed that the prevailing party shall be entitled to recovery of its reasonable attorney’s fees and costs from the non-prevailing party.