Terms & Conditions
TERMS & CONDITIONS
BY USING THIS WEBSITE AND/OR SUBMITTING AN ORDER ONLINE OR BY TELEPHONE, THE CUSTOMER ACKNOWLEDGES ALL OF THE TERMS AND CONDITIONS BELOW:
- YOUR ACCEPTANCE OF THIS AGREEMENT
- OWNERSHIP AND PERMITTED USE OF THE WEBSITE
- MISPRINTS AND ERRORS, PRICES AND PRODUCT AVAILABILITY
- YOUR PERSONAL INFORMATION
- SHIPPING CHARGES & TIME FRAMES
- CARRIER RESTRICTIONS
- RETURNS AND DEFECTIVE PRODUCTS
- PAYMENT
- CONTESTS OR SPECIAL OFFERS
- DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
- PERSONAL INFORMATION PRIVACY
- OTHER SITES/RESOURCES
- TERMINATION
- GOVERNING LAW AND DISPUTE RESOLUTION
- COMPLIANCE WITH LAW INCLUDING EXPORT CONTROL
- OTHER MATTERS
- YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity). (“Top Gun Tactical Sales Inc.”) herein known as “Top Gun Tactical” regarding your access to and use of the topguntacticalsales.com website and all content, information, products and services available on or through the website (collectively, the “Website”). This Agreement also provides benefits to Top Gun Tactical Sales Inc.’s affiliates, employee’s, management, service providers, suppliers and other persons. Top Gun Tactical may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner without the prior written consent of Top Gun Tactical.
Every time you use our Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations.
- OWNERSHIP AND PERMITTED USE OF THE WEBSITE
This Website (including all content, custom graphics, page headers, button icons, and scripts and the presentation, coordination, arrangement, enhancement and selection of such and other information in graphical, text, video and audio forms, images, icons, software, designs, data, applications, and other elements available on or through the Website) are the property of Top Gun Tactical and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Top Gun Tactical. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
Top Gun Tactical is not under any obligation to verify the actual identity or authority of any person using the Website. Top Gun Tactical may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Top Gun Tactical is not satisfied with such information provided by the customer.
Links to the Website without the express written permission of Top Gun Tactical are strictly prohibited. To request permission to link to the Website, please send an email to webmaster@topguntacticalsales.com TopGun Tactical may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
- MISPRINTS AND ERRORS, PRICES AND PRODUCT AVAILABILITY
Top Gun Tactical makes all reasonable efforts to provide current and accurate information on the Website. However, misprints, errors, omissions (including incorrect specifications for products) inaccuracies, or other errors may sometimes occur. Top Gun Tactical cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Top Gun Tactical does not warrant that the content of the Website including, without limitation, product descriptions or photographs, are accurate or complete.
Top Gun Tactical reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars
- YOUR PERSONAL INFORMATION
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Top Gun Tactical will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Top Gun Tactical or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
- SHIPPING CHARGES & TIME FRAMES
Shipping is calculated by the size and weight of the items you are purchasing. We have a minimum flat rate shipping cost of $15.00 for all orders under $500.00. Flat rate shipping charges ($15.00 per order) are not valid to extended areas or remote locations as determined by Canada Post, UPS or Canpar. In the event that the shipping address is deemed a extended area / remote location the customer will be contact with an adjusted total for the order to reflect the new shipping price.
All orders typically ship within 1- 4 business days. Non-restricted firearm or ammunition purchasers please allow an additional one business day for license verification. If you have purchased a restricted or prohibited firearm please allow additional time for the transfer to be approved by the Canadian Firearms Centre (CFC). All processed orders have tracking information. When your order ships, you will receive a shipping confirmation email with a link to track your package. It is the responsibility of the buyer to determine what additional requirements are needed to purchase a restricted firearm in their province.
- CARRIER RESTRICTIONS
Due to specific shipping restrictions, Top Gun Tactical products are shipped taking into account the carrier’s shipping rules and regulations. All firearm, optic and accessory purchases will be shipped via Canada Post. All ammunition, reloading powder, primers, solvents, dangerous goods and aerosol purchases must be shipped by courier and by ground transportation service only rather than air. (Post Office box numbers are not accepted). It is our policy to only ship restricted firearms to the physical address that the purchaser has on file with the CFC and unfortunately we cannot ship firearms together with ammunition. All parcels are shipped with adult signature required. Top Gun Tactical Sales Inc. cannot be held responsible for delays in shipping once an order is in transit. In the unlikely event that a order is lost or damaged, we will process a claim with the shipping carrier and a refund or replacement item will be sent only after the claim is completed with the carrier which can take up to three weeks. All claims of shortages or damage goods must be made within 48 hours of delivery. Couriers will make at least one attempt to deliver a parcel. If the delivery driver is unable to deliver and obtain a signature at the shipping address, the package may be held at their local depot for pick up and a notice will be left at the customer’s shipping address. All customers will be sent a tracking number and courier information by email within 4 days of placing your order. It is the responsibility of the purchaser to ensure that they will be available to take delivery of their order. Packages that are not able to be signed for are held at the shipper’s location generally for up to 5 days before been returned to sender. If a package is not accepted and returned to tour store, additional fees will apply to re-ship or refund the cost of the merchandise.
- RETURNS AND DEFECTIVE PRODUCTS
We want customers who are 100% satisfied with their purchases, however, due to safety concerns all sales on firearms and ammunition are final. In the event that a item is found to be defective, either through a factory defect, damaged in transit or defective in function, the customer will need to contact our customer service within 7 days of delivery to arrange replacement or repair (at the discretion of management). Defective products must be returned to the store or the manufacturer’s warranty repair depot as determined by our customer service department at the customer’s expense. The customer must arrange and provide all the proper permits to the courier company to transport restricted firearms in the event they must be repaired or replaced. Customers can only make returns or exchanges for merchandise once they have obtained a Return Merchandise Authorization (RMA) number provided by our customer service department and provided the product/s are returned in unused condition with original undamaged packaging and include all original contents. All returns and/or exchanges are at the discretion of management at Top Gun Tactical Sales Inc. and are subject to a 25% restocking fee which covers order processing, credit card or bank fees and other incurred sales expenses. Scopes and Optics (Laser sights, Spotting scopes binoculars, rifle scopes, rangefinders, etc.) can only be exchanged, repaired or replaced by the manufacturer or an approved warranty depot. If an order has already been charged to a credit card and then cancelled prior to it being shipped, additional credit card cancellation fees will apply. Special Order Items are non-refundable and non-returnable.
- PAYMENT
We accept debit, Visa, MasterCard payments through our PayPal check out portal at the time of checkout. The tax that is applied to your order varies upon which province you are from.
The tax rates are as follows: Saskatchewan – 11%, Alberta – 5%, British Columbia – 5%, Manitoba – 5%, Ontario – 13%, Quebec – 5%, New Brunswick – 13%, Newfoundland – 13%, Nova Scotia – 15%, Prince Edward Island – 14%, NWT/Yukon/NU – 5%
Please note while we make every effort to ensure product descriptions and/or the product pictures are accurate on our website, be advised that they may vary slightly from the actual product. Please call to confirm if you have concerns.
While we appreciate your order, Top Gun Tactical Sales Inc. incurs various fees from MasterCard and Visa for processing credit card orders and for various customer loyalty plans. These on average amount to 3% of the total sale. Top Gun Tactical Sales Inc. is no longer in a position to offer full refunds in the case where a customer failed to notice the warning that shows a product is “Available On Backorder Only,” before they have placed their order and they subsequently cannot wait for the delivery of those products because of reasons totally out of our control. These delays which could include, but are not limited to, manufacturing delays due to material shortages, labour shortages or shipping restrictions imposed by various governments for example related to the global Covid-19 pandemic, many of which have banned flights for non essential goods. Another example, which is totally out of control, is the ever growing list of banned firearms which the government has decided for whatever reason to ban. Hence, all firearm orders where the customer has requested a refund meeting the above listed criteria and at Top Gun Tactical’s sole discretion, will be subject to a refund less the 3% credit card company processing fee, which unfortunately the Credit Card companies will not refund to us as the result of a refund being processed by the customer and for whatever reason. Of course if a firearm is discontinued or our wholesalers cannot supply the firearms or products within a 180 day period from the time of order, we will issue a full refund without deducting the 3% fee.
- CONTESTS OR SPECIAL OFFERS
From time to time Top Gun Tactical may make contests or special offers available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest or Special Offer Rules.
- DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
- DISCLAIMERS
Your access to and use of the website is at your own risk. The website is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by shooter’s choice to the fullest extent permitted by law.
- LIABILITY EXCLUSIONS
Top Gun Tactical Sales Inc. and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the website or the unlawful or careless use of it’s merchandise featured in this agreement including but not limited to personal injury or death, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Top Gun Tactical Sales Inc. or any person for whom Top Gun Tactical Sales Inc. is responsible, and including if Top Gun Tactical Sales Inc. has ever been advised of the possibility of such loss or damage being incurred.
- ACKNOWLEDGMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you.
- PERSONAL INFORMATION PRIVACY
Top Gun Tactical collects, uses and discloses personal information in accordance with its Privacy Policy, which is available on our website and which may be changed from time to time by Top Gun Tactical in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting this Agreement, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by Top Gun Tactical in accordance with the Privacy Policy as it then reads.
- OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from Top Gun Tactical, and Top Gun Tactical has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Top Gun Tactical does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Top Gun Tactical arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Top Gun Tactical , this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
- TERMINATION
Notwithstanding any other provision of this Agreement, Top Gun Tactical may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Top Gun Tactical may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other than existing agreements between you and Top Gun Tactical will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom. We reserve the right to refuse service to anyone, at any time, for any reason.
- GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada (and in the case of use of the Website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and Top Gun Tactical or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively “Disputes”) will be resolved before the Courts of Ontario, sitting in the City of Barrie, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- COMPLIANCE WITH LAW INCLUDING EXPORT CONTROL
You hereby agree when utilizing the topguntacticalsales.com web site, it’s merchandise, information and/or content from Top Gun Tactical Sales Inc. that you will do so exclusively for authorized and legal purposes consistent with these Terms and Conditions, all applicable laws and regulations, and the rights of others.
Canada, the United States, and certain other jurisdictions control the export of certain products and information. You agree to comply with such all applicable restrictions and not to export or re-export the Content (including Software) to countries or persons prohibited under Canadian, the United States, or other applicable export control laws or regulations. By downloading the Content (including Software), You are representing that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including Software).
- OTHER MATTERS
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect. This Agreement ensures to the benefit of and is binding upon each of Top Gun Tactical and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Top Gun Tactical may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Any rights not expressly granted by this Agreement are reserved to Top Gun Tactical.
You may contact Top Gun Tactical Sales Inc. by telephone, email, or postal mail:
Top Gun Tactical Sales Inc.
Suite 420,
13-4 Alliance Blvd.,
Barrie, Ontario
L4M 7G3
705-717-2667
