Terms and Conditions
When confirming an order with us you must agree to the following terms and conditions.
This website is operated by White Birch Ammo, LLC. Throughout the site, the terms “we”, “us” and “our” refer to White Birch Ammo, LLC, White Birch Armory, www.WBArmory.com. White Birch Ammo, LLC offers this website, including all information, tools and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or facility and purchasing any of our products, you engage in our “Service” and agree to be bound by the terms and conditions of White Birch Armory. Please read the terms of service carefully before accessing or using our website. If you do not agree to all terms and conditions of this agreement, you may not access the website or utilize services provided. The terms of service apply to all users of the site, including users who are browsers, vendors, customers, merchants, and/or contributors of content.
SECTION 1 – ONLINE STORE TERMS
By placing an order with White Birch Armory you assert that you meet the following requirements:
- Are at least 18 years of age for long gun or long gun ammunition purchases and 21 years of age for handguns and handgun ammunition purchases.
- Are not an unlawful user or addicted to any controlled substance.
- Have never been adjudicated as mental defective or ever been committed to a mental institution.
- Are not currently under indictment or ever been convicted of any felony.
- Are not a fugitive from justice or subject to a restraining order for domestic violence, harassing, stalking, or threatening.
- Have never been or expected to be discharged from the Armed Forces under dishonorable conditions.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We will only transfer firearm orders placed using the website to the actual purchaser of the firearm. You agree to use the shipping address of the actual purchaser when placing an order. You also agree that any firearm order to be picked up in-store will be picked up by the actual purchaser with valid U.S. identification in accordance with our policies and all federal, state, and local laws and regulations.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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, 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. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
If an item’s description contains an error such as incorrect photo, price, accessory or description and a customer makes the order, 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 refund the customer. By placing an order, the customer agrees that White Birch Armory will be the final arbiter of discrepancies in the online catalog.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue our service at any time without notice. We will not be liable for any modification, price change, suspension or discontinuance of our service.
SECTION 5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We may make available products and services for purchase through the website, and we may use third–party suppliers and service providers to enable e–commerce functionality on the website. If you wish to purchase any product or service made available through the website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION AND THAT THE INFORMATION YOU SUPPLY TO US IS TRUE, CORRECT, AND COMPLETE. By submitting such information, you grant to the site the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
SECTION 6 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 7 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 8 – PERSONAL INFORMATION
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 10 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall White Birch Ammo, LLC our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
11.1 WARRANTIES. You hereby agree to waive any and all claims you may have against White Birch Ammo, LLC, White Birch Armory, or www.wbarmory.com, arising out of the performance or nonperformance of the services and/or products. WHITE BIRCH AMMO, LLC IS PROVIDING, AND YOU ACCEPT, THE SERVICES AND/OR PRODUCTS “AS-IS” WITHOUT WARRANTY OF ANY KIND. WHITE BIRCH AMMO, LLC DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHITE BIRCH AMMO, LLC DOES NOT WARRANT THAT USE, DISPLAY OR REPRODUCTION OF THE SERVICES, PRODUCTS, AND/OR OTHER MATERIALS PROVIDED HEREUNDER WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY THIRD PARTY.
11.2 Limitation of Liability. White Birch Ammo, LLC shall not be responsible for and/or liable to you and/or any third party for any loss or damage caused by the services and/or products or by White Birch Ammo, LLC’s performance under this Agreement. WHITE BIRCH AMMO, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO ANY USE OF OR ANY PERFORMANCE OF THIS AGREEMENT. YOU AGREE THAT THESE LIMITATIONS ON WARRANTY AND LIABILITY ARE REASONABLE AND THAT WHITE BIRCH AMMO, LLC WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT YOUR EXPRESS AGREEMENT AS TO THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF WHITE BIRCH AMMO, LLC LIABILITY.
11.3 Shipping Liability
If you have supplied an incorrect shipping address, if you call us and we are able to correct it prior to shipment, such address correction shall be at no additional charge to you. If your order has already shipped, an address change fee of $20 per package will be applied. If delivery is refused, a 15% restocking fee will be applied. White Birch Ammo, LLC makes available to its customers, through a third party vendor, optional insurance for all shipments, and we strongly recommend that this coverage be purchased for all orders. If the optional shipping insurance is not purchased at the time the order is placed, the maximum possible refund from shipping claims would be the carrier’s built-in declared value coverage, if applicable. By way of example only, UPS and FedEx generally cover up to $100 declared value per package, although such coverage and maximum amounts are subject to change at any time. Shipping claim refunds are paid to you only once they have been approved and paid to us by the carrier. This process can take weeks or longer in some circumstances, and whether the carrier chooses to pay or refuse to pay the claim is out of our control. You acknowledge and agree that White Birch Ammo, LLC and its’ affiliates shall not be liable for any damages, claims or losses related to a third-party shipping service, and you shall hold White Birch Ammo, LLC and its’ affiliates harmless from and against all such damages, claims or losses. If a package is damaged or lost in transit, in order to assist you with a shipping claim, White Birch Ammo, LLC will request pictures of the original packaging that can be used to submit a shipping claim with the carrier. If pictures are not received after three days of making such request, a shipping claim will not be submitted by White Birch Ammo, LLC to the applicable carrier.
SECTION 12 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless White Birch Ammo, LLC and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 13 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 15 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New Hampshire. The User waives any right to trial by jury.
SECTION 17 – ARBITRATION
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to these Terms and Conditions, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms and Conditions), White Birch Ammo, LLC’s advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Strafford County, New Hampshire before a single arbitrator, unless the parties mutually agree to have the arbitration held elsewhere, and judgment upon the award made therein may be entered by any court having jurisdiction thereof. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
SECTION 18. ATTORNEY’S FEES
Should White Birch Ammo, LLC employ counsel or incur any costs in enforce any rights arising out of or relating to this Agreement, it shall be entitled to recover such reasonable costs and legal fees related to such enforcement.
SECTION 19 – CREDIT CARD AUTHORIZATIONS & CHARGEBACKS
White Birch Ammo, LLC reserves the right to dispute any bank or credit card chargebacks. We reserve the right to refuse all future orders placed by any customer that cancels an order via debit or credit card chargeback. By placing an order with White Birch Ammo, LLC you agree to pay all fees associated with a credit card chargeback to include, but not limited to; a 15% restocking fee, return shipping, any bank or credit card chargeback fees, or any litigation expenses should legal action be required to reclaim funds due to a chargeback dispute.
SECTION 20 – GIFT CARD AGREEMENT
White Birch Armory Gift Cards will be honored for merchandise purchased at our retail store or through www.wbarmory.com. The value of this card has no expiration date or fees. After the valid thru date, contact White Birch Armory for a free replacement. This card is non-refundable and cannot be redeemed for cash (except where required by law). Please treat this card like cash, as it cannot be replaced if lost, damaged or stolen. Not for resale. Use of this card indicates acceptance of the above terms and conditions.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website, our products, services, or facilities following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.