Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU
This Agreement contains the terms and conditions that apply to your purchase from AmmoText.com, owned and operated by N.A.S. Guns and Ammo, a Canadian company (also known as “N.A.S.”, “our” or “we”) that will be provided to you (“Customer”) on orders for ammunition sold in Canada. By accepting delivery of the products and/or services described on the invoice, Customer agrees to be bound by and accepts these terms and conditions.
THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH N.A.S., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.
These terms and conditions are subject to change without prior written notice at any time, at the sole discretion of N.A.S.
1. Other Documents:
Other than as specifically provided in any separate formal purchase agreement between Customer and N.A.S., these terms and conditions may NOT be altered or amended by the use of any other document(s). Any attempt to alter or amend this document or to enter an order for product(s) or services and support that are subject to altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and N.A.S.
2. Governing Law:
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE DEEMED TO HAVE BEEN MADE IN THE PROVINCE OF ONTARIO AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE PROVINCE OF ONTARIO AND THE APPLICABLE LAWS OF CANADA. THE PARTIES HEREBY AGREE TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF ONTARIO.
3. Payment Terms, Orders, Quotes, Interest:
Terms of payment are within N.A.S. sole discretion, and unless otherwise agreed to by N.A.S., payment must be received by N.A.S. prior to N.A.S. acceptance of an order. Payment for the products may be made by credit card, EMT or some other prearranged payment method.
4. Shipping Charges and Taxes:
Separate charges for shipping and handling will be shown on all invoice(s), unless Customer provides N.A.S. with a valid tax exemption certificate applicable to the product ship-to location prior to N.A.S. acceptance of the order. The Customer is responsible for applicable goods and services (HST) tax, including all other taxes associated with the order. If applicable, separate charges for taxes will be shown on the invoice.
5. Title, Risk of Loss:
Title to products passes from N.A.S. to the Customer on shipment from any N.A.S. location. Loss or damage that occurs during shipping is Customer’s responsibility. N.A.S. is not liable for delays in shipment or failure to ship by the estimated ship date.
UNLESS OTHERWISE STATED, THE LIMITED WARRANTIES APPLICABLE TO PRODUCTS SOLD BY N.A.S. ARE THE SOLE RESPONSIBILITY OF THE PRODUCT MANUFACTURER OFFERING SUCH WARRANTIES. N.A.S. DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. N.A.S SOLE RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO ASSISTING THE CUSTOMER TO CONTACT THE MANUFACTURER. SOME PROVINCES DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS IN CONSUMER TRANSACTIONS. THEREFORE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
7. Sales Policy, Return Policy:
If for any reason you are not satisfied with your purchase, you may return it to us WITHIN 14 DAYS of receipt. A restocking fee of 10% will apply for general returns. Items must be returned in 100% resalable condition. Some product return exceptions apply:
- We will deduct the shipping cost to you unless products are defective or we have made a shipping error;
- Return shipping is the responsibility of the customer;
- If a product is defective and or damaged upon receipt, or not as advertised, you may return it to N.A.S. for a refund or replacement within 14 days of receipt;
- Damaged or partial-loss claims must be made by phone (905-370-0200) or email (email@example.com) within 2 days of receipt;
- Products and packaging must be in the same condition as when shipped. A 20% restocking fee may apply if items are not returned in 100% resalable condition;
- Product shipping errors on our part will be replaced, credited to your credit card or refunded at our discretion;
- We require a Return Authorization number for ALL returns. To obtain this authorization number, please contact us at firstname.lastname@example.org and please ensure to note your Order ID#, product(s) to be returned and reason for the return.
N.A.S., may or may not exchange products or portions of a product. Exchanges will be at N.A.S. sole discretion.
N.A.S. regularly upgrades and revises our products/inventory to provide our customers with new choices. N.A.S. may revise and discontinue products at any time without prior notice to customers. N.A.S. will ship products that have the functionality and performance of the products ordered, however, changes between what is shipped and what is described in a specification sheet or catalogue are possible.
10. Limitation of Liability:
N.A.S. (INCLUDING N.A.S. PARENT COMPANIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE. N.A.S. WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY ACTIVITY. N.A.S. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, N.A.S. IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS AND/OR SERVICES UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM).
NEITHER N.A.S. NOR CUSTOMER MAY INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN, OR IN THE CASE OF NONPAYMENT, MORE THAN SIX (6) MONTHS FROM THE DATE OF LAST PAYMENT.
11. Dispute Resolution:
A. Acknowledgments: Customer acknowledges that N.A.S. possesses valuable confidential and proprietary information that would be damaging to N.A.S. if revealed in open court. The parties further acknowledge and agree that it is preferable to resolve all disputes between them confidentially, individually, and in an expeditious and inexpensive manner. The parties accordingly acknowledge and agree that private dispute resolution is preferable to court actions.
B. Good Faith Negotiation: Before commencing any arbitration in any manner the parties shall first attempt to resolve any dispute or differences between them by way of good faith negotiation. The good faith negotiation shall commence by each party communicating their position regarding the complaint, claim, dispute, or controversy to the other party, and how the parties should resolve the dispute. The parties shall then make good faith efforts to negotiate a resolution of the claim, dispute, or controversy. Neither party shall commence any arbitral proceedings unless until the good faith negotiation fails.
C. 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 CAPABLE IN LAW OF BEING SUBMITTED TO BINDING ARBITRATION) AGAINST N.A.S., its agents, employees, officers, directors, successors, assigns or affiliates (collectively for purposes of this paragraph, ” N.A.S.”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships between the parties, whether pre-existing, present or future, (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), N.A.S. advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY AN ARBITRATOR CHOSEN BY N.A.S. The arbitration will be limited solely to the dispute or controversy between Customer and N.A.S. Guns and Ammo Inc.. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
D. Injunctive Relief and Provisional Relief in Aid of Arbitration: Notwithstanding the provisions in this Agreement, N.A.S. shall have the right to seek and obtain any provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or property rights or to preserve the status quo pending good faith negotiation and/or arbitration.
12. Applicable Law – Not For Resale: Customer agrees to comply with all applicable laws and regulations of the various provinces and of Canada. Customer agrees and represents that it is buying for its own use only, and not for resale. N.A.S. has separate terms and conditions governing resale.
13. Exports: The Customer acknowledges that the Products sold hereunder are subject to, and Customer agrees to comply with the export control laws and regulations of Canada.
14. Headings: The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
15. Force Majeure: N.A.S. shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
16. Price Disclaimer: ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
1. Collection of Information
a. We collect personally identifiable information when you voluntarily provide it to us.
We collect personally identifiable information from you in several different ways on the Site. Personally identifiable information means information that can reasonably use to identify you personally, such as your name, username(s), birth date, phone number, and email address). We collect such information when you voluntarily provide it to us (such as when you complete an online account registration, order product, subscription form, or comment submission). You can choose not to provide the requested information, but you might not be able to take advantage of certain Site features.
b. We automatically collect information about your browser or device, your use of the Site, and your browsing or search history when you interact with us.
When you access and use the Site, our technology and tools automatically collect and record certain non-personally identifiable information about your use of the Site (including your IP address, your browser type, the make and model of device used to view the Site, location information, unique device identifiers, and other information relating to your use of the Site, browser or device).
Further, we may work with certain third-party companies, including those integrated with our Site, that use techniques other than HTTP cookies to recognize your computer or device and/or to collect and record information about your web surfing activity across multiple platforms or devices. Please keep in mind that your web browser may not permit you to block the use of these cross-platform or cross-device techniques, and those browser settings that block conventional cookies may have no effect on such techniques.
c. We may build a profile about you based on information you voluntarily provide us, information we automatically collect from you, and information obtained from third-parties.
We may combine information provided by or collected from you in connection with your use of the Site with information provided by you to us in other ways, information we obtain from third-party market researchers, information provided to us via your use of social media platforms, public information or other third-party information sources.
d. Cross Tracking. As noted above, we may use technologies or alternative techniques that obtain information about you, through your web-based activities (including you use of the Site) across multiple devices. As noted above, please keep in mind that your web browser may not permit you to block the use of these cross-platform or cross-device techniques, and those browser settings that block conventional cookies may have no effect on such techniques. As we discussed, we will use this information to provide targeting advertising services to you and, potentially, other services that are personalized and geared to you as further identified in this Policy.
2. Use of Collected Information
We collect and use the types of information described above to assist in the administration and operation of the Site and to provide you an efficient, meaningful, and customized experience. We may use the information to:
- Fulfill our obligations with respect to reason you volunteered the information (e.g., to respond to an inquiry, administer a contest or sweepstakes, deliver a newsletter, etc.);
- Allow you to participate in interactive features of the Site;
- Deliver marketing, advertising, and promotional messages to you;
- Improve the Site or our products and services;
- Optimize your experience on the Site (e.g., troubleshooting technical programs, storing your preferences, etc.);
- Show you relevant Site content and advertising on and off the Site, and analyze Site content and advertising;
- Carry out our obligations and enforce our rights arising from arrangements between you and us.
We use collected information to serve relevant, customized advertising to you. Such advertising (and analysis of advertising) may be conducted by us. Your information will not be shared with third-parties for advertising delivery, contextual advertising and reporting on such advertising.
4. How We Share Information
a. Partners and Service Providers.
We will not provide collected information to our business partners, clients, licensees, and service providers. They will not use your information to perform services for us or advertise their products and services to you.
b. Advertisers or Advertising Networks.
We will not provide collected information (either alone or combined with information provided by third-parties or public information) about users of the Site on an aggregated, anonymous basis to our advertisers to help them reach the kind of audience they want to target.
c. Law Enforcement and Safety.
d. Business Transfer.
In the event that the Site or the Company (or its affiliates, subsidiaries or parent) undergoes a merger, acquisition by another company or sale of its assets (including the Site), your information will, in most instances, be part of the assets transferred.
5. Opting-Out of Information Use
As described above, we collect personally identifiable information about you when you voluntarily provide it to us, collect other information about you and your use of the Site automatically when you interact with us, and may combine the collected information with publicly available information or information provided to us by third-parties or to build a profile about you. If you do not want us to use your collected information as described above or to provide your information to our partners, clients or service providers for marketing purposes, please email us: email@example.com with such request.
Additionally, the links below will assist you in opting-out of cookies and online behavioral or interest-based advertising:
- First-Party Opt-Out:
- Visit Google: http://www.google.com/privacy/ads
- Click “Ads Settings”
- Third-Party and Online Behavioral Advertising Opt-Out
Please note that these measures are browser-specific and device-specific and must be repeated on all browsers and devices.
6. Protection of Information
We use reasonable measures to safeguard your information in our possession. However, no data transmission over the Internet is completely secure and no security mechanism is impenetrable. Therefore, although we take steps to protect your information, we cannot guarantee the security of the information that we collect from you or the security of our servers or the Site. By accessing the Site, any transmission of information is at your own risk and you agree to assume all risk in connection with information sent to us or collected by us.
7. User Contributions
You are responsible for content that you contribute to be published or displayed on the Site or transmit to other users of the Site (“User Contributions”), if any. Your User Contributions are posted on and transmitted to other users of the Site at your own risk. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of your User Contributions may remain viewable in cached or archived pages or might have been copied or stored by others.
8. Foreign Jurisdiction
The Site is designed for and targeted to Canadian audiences and are governed by and operated in accordance with the laws of Canada. The Company is not responsible under any privacy laws or local data protection laws in any jurisdiction other than Canada.
9. Children and Parents
We respect children’s privacy. We do not target or knowingly or intentionally collect personally identifiable information from children under the age of 13. By using the Site, you have represented and warranted that you are of legal age or using the Site with the supervision of a parent or guardian. If you are under the age of 13, you may not use the Site. If you become aware that your child has provided us with personal information without your consent, please email us. firstname.lastname@example.org
12. Contact Us
NAS Guns and Ammo
8B-1874 Highway 20 Road East
Fonthill, ON L0S 1E6
or Email: email@example.com
You also may have the right (subject to certain exceptions) to be given a copy of the information that we collects about you or to correct, update, and/or erase that information. Please email us firstname.lastname@example.org with any such request.