POLICIES/TERMS OF SALE

 

By placing an order, purchasers agree to the following terms of sale:

A.     ELIGIBILITY: Only adult legal residents of the USA and Canada may purchase items from this website. US purchasers of firearms should be confident of a successful Federal background check, i.e. have no criminal record or restraining order. Residents of Canada should only purchase items that they can legally import, and are responsible for arranging importation in full compliance with all relevant Canadian laws. We reserve the right to refuse an order for any reason or no reason, in which case any payment will be fully and promptly refunded.

B.     STOCKOUTS: The design of the database and supporting applications ensures that items are removed immediately upon sale; thus there is a high degree of confidence that items listed are available for sale. However, human and technical errors can occur. In the event that an item is ordered, paid for, and found to be not in stock, we can make no guarantee that the item can be back ordered since most items are unique. In the event of a stockout (defined as failure to ship an item that has been paid for within 10 days of order placement), the purchase price of the item(s) and the corresponding portion of the shipping charge will be fully and promptly refunded, or in the case of credit card transactions, will not be charged.

C.     PAYMENT: We accept US dollars only, in the form of money orders and checks payable to Whitworth Arms LLC; and in the form of online credit card payments (MasterCard, Visa, Discover, AMEX) issued by US banks to US residents. In the case of credit card purchases, the buyer’s registered address must be identical to the billing address of the credit card used. Checks must pass verification, or clear before goods are released for shipment. In the event that a credit card transaction is declined, or a mail payment is not received within seven days of order placement, the order may be cancelled and the item restored to inventory at our option.

D.     SHIPPING: Goods will normally be shipped by close of business on the third day following receipt of good funds and, in the case of Firearms, of a signed Federal Firearms Licence, by the seller’s choice of carrier, provided that delivery lead times will be comparable to or better than UPS ground service. Goods lost or damaged in transit to the buyer or his agent are the responsibility of the seller and vice versa. In the event of loss or damage en route to the buyer, the seller will at his option either replace the item or Whitworth Arms LLC will refund the full purchase price including outbound shipping to the buyer. Firearms sold to US customers must be shipped to the premises of a Federally Licenced Firearms Dealer unless the buyer is legally permitted to collect the firearm personally (resident of the same state as the seller, or in certain cases of another state).

E.      RETURNS AND REFUNDS: Whitworth Arms LLC (not the seller) will refund your purchase price excluding shipping costs, provided both the seller and Whitworth Arms LLC are notified by email within three days (72 hours) of delivery or within ten days (240 hours) of payment confirmation, whichever is sooner,  that the item will be returned, and provided further that the items are in fact returned (i.e. delivered, not shipped) to the seller or his agent at the seller’s option (not to Whitworth Arms LLC) within ten days of delivery to you or your agent, subject to the following additional conditions:

1.      USED FIREARMS: Used firearms (per ATF definition) may only be inspected at the premises of the seller or receiving dealer. Disassembly and/or test-firing by a licenced professional gunsmith only, may be permitted with prior seller authorization, either en-route to the receiving dealer or where the gunsmith is licenced to act as the receiving dealer, at the buyer's cost. In the event that a firearm is damaged or parts are lost by the gunsmith, the sale is final unless the seller agrees otherwise. Once a firearm is removed from the dealer’s premises, or in any event after three days have elapsed since delivery, the sale is final and the firearm may not be returned under any circumstances (even if the buyer is not permitted to take physical possession of the firearm by the relevant government agency, in which event your only option is to consign or sell the firearms to your dealer-agent).  Please note that firearms may only be returned by the same dealer that accepted the shipment. Furthermore, it is the buyer’s responsibility to cause his agent (the dealer) to return the firearm to the seller, to negotiate the fee payable, and to pay his agent accordingly. Therefore, it is advisable to negotiate the possible return of a firearm with the prospective dealer before choosing that dealer as the buyer’s agent.

2.      ANTIQUE FIREARMS: Firearms manufactured prior to 1898 are subject to the same terms of sale as above except the buyer may act as his own receiving agent, where permitted by State law, except for the provision regarding removal from the agent's premises. Please note, disassembly or test-firing by the buyer is not permitted unless the buyer is a licenced professional gunsmith and the seller expressly grants permission therefor.

3.      ALL USED ITEMS OTHER THAN FIREARMS: Any or all used items other than firearms may be returned for any reason or no reason to the relevant seller(s) provided that they are complete and in the same condition as shipped.

4.      NEW ITEMS: Returns are only accepted if the incorrect goods were shipped and then only if they are returned undamaged and complete in their original unopened factory packaging if any. The seller will then ship the correct goods at his cost, or Whitworth Arms LLC will refund the full purchase price.

5.      INSURANCE: Please insure any returned item for your purchase price...if lost in transit, we are unable to issue a refund and you should submit your claim directly to the carrier. (UPS provides automatic insurance up to a certain amount and will provide additional insurance on request; however, they will only deal with the shipper on insurance claims; that would be the buyer in this case.) If damaged in transit, Whitworth Arms LLC will issue a refund for your purchase price less the seller’s actual cost to repair or replace the item, whichever is lesser, and you should recover the residual from your carrier.

6.      PROOF OF DELIVERY: The onus is on the seller to prove that the item was delivered to the correct address. UPS provides tracking on all shipments. USPS provides delivery confirmation for an additional charge.

7.   ORDER CANCELLATION/NONDELIVERY. Orders may be cancelled provided the seller and Whitworth Arms LLC are notified by email before payment is made. Once payment has been received, goods may be in transit so an order may not be cancelled but the items may be returned in accordance with the above terms. If an item has not been delivered within 10 days (240 hours) from payment confirmation (defined as the date/time on the system payment confirmation email), the customer may cancel the order in which case a full refund of the purchase price and shipping will be made by Whitworth Arms LLC on behalf of the seller, provided Whitworth Arms LLC is notified within 24 hours by email of non-delivery and provided further that any goods in transit are refused or returned unopened to the seller. Goods accepted after this ten day period may only be returned with the consent of the seller and should be returned directly to the seller and a refund sought directly from the seller. Whitworth Arms LLC is not responsible for refund payments in such cases as the monies paid will have been released to the seller, i.e. the implicit escrow period will have lapsed.

F.      CREDIT CARD CHARGEBACKS. Buyers who do not meet these requirements for a refund, or who obtain a refund, and nevertheless dispute a credit card payment are liable for legal, collection and credit card processing fees incurred by Whitworth Arms LLC in the course of resolving the dispute and collecting payment for the disputed amount.

G.     BOUNCED CHECKS. Buyers whose checks are returned unpaid are liable for bank fees, collection agency fees, legal fees, and other costs incurred by Whitworth Arms LLC in the course of collecting payment.

H.     PRIVACY:  See Terms of Use

I.         LIABILITY: Whitworth Arms LLC is a provider of e-commerce infrastructure and payment clearinghouse services to a community of sellers, and is not a party to any transaction between a buyer and any seller. Whitworth Arms LLC makes no guarantees to buyers beyond those explicitly described herein.