TERMS OF SALE

 

These Terms of Sale (the “Terms”), together with our Terms of Use, Privacy Policy, and Arbitration Agreement govern all merchandise (“Merchandise”) made available on or ordered from Marksman Furnishings, LLC (“Marksman Furnishings”) (“we,” “us,” or “our”) via the www.marksmanfurnishings.com website (the “Site”).

BY CLICKING “PLACE ORDER”, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, WHICH INCORPORATE OUR TERMS OF USE, OUR PRIVACY POLICY, AND OUR ARBITRATION AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, OUR TERMS OF USE, OUR PRIVACY POLICY, AND OUR ARBITRATION AGREEMENT, DO NOT ORDER MERCHANDISE USING THE SITE.

PLEASE READ THESE TERMS, OUR TERMS OF USE, OUR PRIVACY POLICY, AND OUR ARBITRATION AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

These Terms were last revised on March 1, 2017.

Order Acceptance. By clicking Place Order in the shopping cart, you are making an irrevocable offer to purchase the Merchandise in the shopping cart (an “Order”).  All Orders are subject to acceptance by us. We reserve the right, in our sole discretion, to refuse or cancel any Order for any reason, including without limitation the following: (a) limitations on our ability to accept Orders for shipment to addresses outside the United States; (b) limitations on quantities available for purchase; (c) inaccuracies or errors in Merchandise descriptions, images, or pricing information; and (d) problems identified by credit and fraud avoidance services.  We may also require additional verifications, approvals, or other information before accepting any Order. After we receive your offer to purchase Merchandise, we will send an acknowledgement to the email address you provide listing the contents of your requested Order. That email serves as our acknowledgement that the Order has been received.  We will contact you if all or any portion of your Order is canceled or if additional information is required to accept your Order. Your Order is accepted when we send you a separate email acceptance of the Order or when we ship the Merchandise identified in the Order. If we are unable to accept your Order for any reason, we will attempt to contact you using the information contained when you set up your account on the Site. If we are unable to contact you we will cancel your Order entirely.

Payment.  Payment must be made by credit card or debit card at the time the Order is placed. The amount of your Order will be charged on your card at the time the Order is placed.  Payment by credit or debit card is subject to the approval of the card issuer, and Marksman Furnishings will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason. If your credit or debit card is declined, your Order will be canceled. If we have to pay any monies or hire an attorney to collect payment from you we can recover from you all of our collection costs including the fees of our attorney.

Taxes. Merchandise prices do not include sales taxes, other taxes, or shipping and handling fees, all of which will be charged separately and are your responsibility. You will be charged all sales and other taxes to the extent required by law. If Marksman Furnishings is required to pay any such taxes, you must reimburse Marksman Furnishings. You must provide us with a valid certificate of resale or exemption to support any applicable exemption from taxation. We reserve the right to make deliveries in installments.

Shipping.  Merchandise prices do not include shipping, insurance, or handling fees, all of which will be charged separately and are your responsibility.  Marksman Furnishings will arrange shipping and white glove delivery of the Merchandise to your address using a carrier of Marksman Furnishings’ choice.  White glove delivery will be performed by a two man team equipped with a lift gate, if needed.  The delivery team will deliver to a room of choice, unpack the merchandise, perform light assembly, and remove all trash and debris.  White glove delivery is limited to two (2) flights of stairs and thirty (30) minutes of time on site. More than two (2) flights of stairs, other difficulties in delivery, and time in excess of thirty (30) minutes is chargeable.  Title to the Merchandise risk of loss passes to you when the Merchandise is delivered to the carrier.  The costs of shipping, insurance, and handling will be shown on your purchase receipt.  Marksman Furnishings will inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failure, or acts of God.

No Refund Policy.  You must carefully inspect the packaging upon receipt.  If the packaging is damaged, do not accept delivery. You must also examine the Merchandise when received.  If the Merchandise is damaged or any parts missing, you must notify Marksman Furnishings at once.  You have two (2) business days commencing on the delivery day to report any damage to us.  You may report damage by calling us between the hours of 9 a.m. and 6 p.m. Eastern Time, Monday through Friday. We will send a representative to inspect the damage and determine whether Marksman Furnishings will provide a replacement or a repair.  No refunds will be issued.

Changes to Orders. You must make any change of the delivery address or change in the Order by telephone to our customer support team at (800) 895-1943.  Changes may delay the delivery date and we can’t accept any changes unless we are contacted at least 7 business days prior to date delivery is scheduled.

Catalog Errors.  Pricing errors and other errors will be corrected when discovered, and Marksman Furnishings reserves the right to revoke any Order and to correct any errors, inaccuracies, or omissions even after an Order has been submitted, confirmed, and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your Order is canceled, Marksman Furnishings will issue a credit to your payment card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your payment card account.

Security Interest. You hereby grant to Marksman Furnishings a security interest in the Merchandise to secure payment of the purchase price of the Merchandise and agree, and appoint Marksman Furnishings as your agent, to take all such action and to execute all such documents and instruments as may be necessary or reasonably requested by Marksman Furnishings to perfect and continue Marksman Furnishings’ security interest thereunder.

Local Law.  Your local law may regulate gun storage.  You and not Marksman Furnishings are responsible to educate yourself on any local law that regulates the storage of fire arms and to comply with such laws.  Marksman Furnishings Merchandise are not gun safes, but are furniture for the storage and display of firearms.  You are responsible for firearm safety and security.  Never store firearms with ammunition loaded.  Store firearms and ammunition separately.  Consider the use of trigger locks or cartridge locks.  Keep firearms out of the reach of children and impaired persons.  You and not Marksman Furnishings are responsible for the safe and secure storage of firearms, and for any loss, damage, or liability arising from theft or improper use of firearms.

Limited Merchandise Warranty (“Limited Warranty”). Marksman Furnishings warrants to the original purchaser of the Product that the Product will be free from defects in materials and/or workmanship for one (1) year from the date of delivery. This Limited Warranty applies to you as the original purchaser only, and only for merchandise which has remained at the original non-commercial delivery site. In order to obtain service under this warranty, you must give us written notice of the defect within the one year warranty period.  For service under this Limited Warranty, you may contact us at customerservice@marksmanfurnishings.com or call us at (800) 895-1943.

Warranty Exclusions.  Damage due to shipping the Merchandise to you is not covered under this Limited Warranty.  Wood, leather, and stone are products of nature, and characteristics such as knots, grain variation, color variation, and mineral streaking occur naturally.  These are not defects and are not warranted. This warranty does not cover: (1) wear, fading, or staining of leather or fabric; (2) damage due to alterations, misuse, abuse, or accidents; (3) damage or discoloration caused by sunlight, artificial lighting sources, normal wear, solvents, oils, or gun powder residue; (4) natural variations in the color or graining of leather and/or wood or wood; and (5) ridges or rough areas in marble, granite, or other stone, or variations in its color or graining.

Computer Monitor Settings.  We use every reasonable effort to have the graphic images of our merchandise reproduced accurately on computer monitors.  However, accurate reproduction of colors is dependent on your computer monitor.  We are not responsible for the reproduction of colors on your computer monitor.  We recommend you look at our merchandise on multiple devices to satisfy yourself about the color of our merchandise.

Remedy.  If the Merchandise we sell you is not free from defects in material and workmanship for the duration of this Limited Warranty, we will at our option, repair or replace the defective material or workmanship. We are not liable to you for any consequential or incidental damage for breach of this or any other warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. All disputes arising under this Limited Warranty are subject to the Dispute Resolution/Arbitration Agreement set forth below.

DISCLAIMER OF WARRANTIES. THE ABOVE LIMITED WARRANTY IS THE ENTIRE AND EXCLUSIVE WARRANTY REGARDING THE MERCHANDISE AND IS IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, EXPRESS AND IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKSMAN FURNISHINGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE MERCHANDISE, INCLUDING WITHOUT LIMITATION THOSE REGARDING MERCHANTABILITY, AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, INCLUDING MERCHANDISE DRAWINGS AND SPECIFICATIONS, OBTAINED BY YOU FROM MARKSMAN FURNISHINGS OR IN ANY MANNER FROM THE STORE CREATES ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

NO LIABILITY. IN NO EVENT WILL MARKSMAN FURNISHINGS OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, MEMBERS, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE STORE OR YOUR ORDER OF MERCHANDISE, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF MARKSMAN FURNISHINGS HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE MERCHANDISE BY MARKSMAN FURNISHINGS OR, AT MARKSMAN FURNISHINGS’ OPTION, REFUND OF THE PRICE PAID FOR THE MERCHANDISE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, IF MARKSMAN FURNISHINGS OR ANY OF ITS AFFILIATES IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE STORE, OR THE MERCHANDISE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT EXCEED THE LESSER OF $100 OR THE PRICE OF THE MERCHANDISE ORDERED, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.

Force Majeure Marksman Furnishings will not have any liability for failure or delay in performing any obligation to deliver Merchandise due to circumstances beyond its reasonable control, including without limitation acts of God or nature, actions of the government, fires, floods, strikes, civil disturbances or terrorism, or power, communications, satellite or network failures.

Governing Law.  These Terms, the rights of the parties hereunder, and any disputes between the parties, shall be governed by, construed, and enforced in accordance with the laws of the State of Georgia, without regard to its conflicts of laws rules.  The parties expressly exclude all application of the United Nations Convention on the International Sale of Goods to these terms.

Disputes.  Any claim or controversy between under any legal theory including without limitation breach of contract, warranty, products liability, tort, negligence, statute, or regulation, except disputes relating to the enforcement or validity of your or our intellectual property rights shall be settled in the manner provided in our Arbitration Agreement available here.

Amendments.  Marksman Furnishings may amend this Agreement at any time or from time to time.  Any amendment to this Agreement shall be effective thirty (30) days after notice of the amendment is posted on Marksman Furnishings’ website www.marksmanfurnishings.com or ten (10) days after Licensee is notified of such amendment, which ever occurs first.

No Waiver.  Any failure by either party to detect, protest, or remedy any breach of this Agreement shall not constitute a waiver or impairment of any such term or condition, or the right of such party at any time to avail itself of such remedies as it may have for any breach or breaches of such term or condition.  A waiver may only occur pursuant to the prior written express permission of an authorized officer of the other party.

Severability.  If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.

Headings.  Headings used in this Agreement are for convenience only and shall not be considered in construing or interpreting this Agreement.

Entire Agreement.  These Terms, the Terms of Sale, and the Arbitration Agreement, constitute the final, complete, and exclusive statement of the agreement between the parties in respect of the subject matter hereof.  The terms and conditions of this Agreement will control over any terms and conditions in any solicitation, request for proposal, proposal, purchase order, acknowledgment, or other written form.  You acknowledge that we object to change in the terms of our Terms of Sale in any communication with us and any such changes shall be of no force or effect.

Notices.  Unless otherwise provided herein, notices given by Marksman Furnishings will be sent to the e-mail address or mailing address on the registration page.  Notices given by Licensee to Marksman Furnishings must be given by e-mail to legal@marksmanfurnishings.com or such updated address as Marksman Furnishings may provide.  Notice sent to the e-mail or conventional mailing address last provided by Licensee to Marksman Furnishings shall be effective, valid, and binding regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.

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