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Conditions of Use
Use of the the blackbutterflyammunition.com and or blackbutterflyammo.com website constitutes agreement to our terms of use.
We encourage you to review the following information carefully.
Acceptance of Terms and Conditions
By using our service in any manner including a visit to our website blackbutterflyammunition.com and or blackbutterflyammo.com, you agree to comply with all terms and conditions of this user agreement.
You also consent to receive communications from the "Bang It" family of companies including Bangitammo.com, Bangitfirearms.com and Black Butterfly Ammunition and any of its subsidaries, and that those communications satisfy any and all legal requirements that such communications be in writing.
Affidavit of Customer
By purchasing from this store, I agree to the following Affidavit of Customer:
Indemnification and Agreement to Defend
I understand that I understand that blackbutterflyammunition.com and or blackbutterflyammo.com is simply a retailer selling products manufactured by another party such as Black Butterfly Ammunition, LLC and is simply a retailer selling products manufactured by another party.
However, in the event of a product issue, we will be happy to assist you with any product sold by our store.
I fully agree that if any of my representations when making purchases under the Terms of Sale are incorrect or if I fail to comply with these Terms of Sale, then I will indemnify, defend, save harmless, and release blackbutterflyammunition.com and or blackbutterflyammo.com and its owners, agents, officers, and employees against any civil liability or criminal prosecution resulting from my purchase from blackbutterflyammunition.com and or blackbutterflyammo.com.
I fully agree that by placing my order, I release blackbutterflyammunition.com and or blackbutterflyammo.com from any and all liability arising from or related to the products I purchased from blackbutterflyammunition.com and or blackbutterflyammo.com, including (but not limited to) my or anyone else use of the product, my or anyone else’s storage of the product, and my or anyone else’s handling or transportation of the product, and I agree to indemnify, defend, save harmless, and release blackbutterflyammunition.com and or blackbutterflyammo.comm and its owners, agents, officers, and employees against any civil liability or criminal prosecution resulting from the products I purchased from blackbutterflyammunition.com and or blackbutterflyammo.com.
Class Action Waiver
You expressly agree that any dispute resolution proceedings, including but not limited to, litigation, arbitration, and mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this express agreement, you acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of any right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals, before a court or other tribunal.
Trademarks
Blackbutterflyammunition.com and or blackbutterflyammo.com and other marks indicated on our site are trademarks owned exclusively by blackbutterflyammunition.com and or blackbutterflyammo.com. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not Bangitfirearms.com, in any manner that seeks to disparages or discredit blackbutterflyammunition.com and or blackbutterflyammo.com or in any manner that may cause confusion among our customers.
Copyright
All content on this website is the exclusive property of blackbutterflyammunition.com and or blackbutterflyammo.com. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.
Protecting Your Account
Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
Consent
How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting blackbutterflyammunition.com and or blackbutterflyammo.com parent company at:
info@bangitammo.com
or mailing us at:
Bangitammo.com, 3620 Pelham Road, Locked Box #83, Greenville, SC 29615
License and Site Access
blackbutterflyammunition.com and or blackbutterflyammo.com grants you (the user) a limited license to access and make personal use of this website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of blackbutterflyammunition.com and or blackbutterflyammo.com. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of blackbutterflyammunition.com and or blackbutterflyammo.com. You are prohibited from using meta tags or any other hidden text utilizing Bangitfirearms.com name or trademarks without the express written consent of blackbutterflyammunition.com and or blackbutterflyammo.com. Any unauthorized use of this websites voids the limited license granted by blackbutterflyammunition.com and or blackbutterflyammo.com.
Content Sumitted by Users
If you do post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant blackbutterflyammunition.com and or blackbutterflyammo.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bangitfirearms.com or its affiliates for all claims resulting from content you supply. Bangitfirearms.com reserves the right to remove any content at our sole discretion.
Limitation of Liability
This site is provided by blackbutterflyammunition.com and or blackbutterflyammo.com on an "as is" and "as available" basis. blackbutterflyammunition.com and or blackbutterflyammo.com makes no warranties, either expressed or implied, as to the operation of the site or the content contained therein. You expressly agree that your use of [www.domain.com] is at your own risk. Bangitfirearms.com cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. blackbutterflyammunition.com and or blackbutterflyammo.com will not be responsible for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Redemption of Free Products and or Coupons
From time to time, blackbutterflyammunition.com and or blackbutterflyammo.com offers its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our home page or announced via other means of communication in conjunction with the promotion of the blackbutterflyammunition.com and or blackbutterflyammo.com product collection, including radio and TV broadcasts, internet forums and various online websites.
We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. blackbutterflyammunition.com and or blackbutterflyammo.com, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order. Please, play fair…
Applicable Law
By visiting blackbutterflyammunition.com and or blackbutterflyammo.com, you agree that the laws of the state of South Carolina, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and blackbutterflyammunition.com and or blackbutterflyammo.com.
Changes in Policy
blackbutterflyammunition.com and or blackbutterflyammo.com reserves the right to modify, alter, delete and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.
PRIVACY STATEMENT
WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates. We will not sell or giveaway your information to a third party.
DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Additional description of the goods/ services offered/ Pricing and Products/Misc.
blackbutterflyammunition.com and or blackbutterflyammo.com is an online retail store for factory new or re-manufactured made ammunition, firearms and related products. We do not make any warranties or guarantees as to the quality or product the product itself. All product information is obtained directly from the manufacturer’s product packaging and or their corporate product websites. For more information on the ammunition we offer or for consumer questions, please contact the manufacturer directly for questions or concerns as we cannot answer these. We strive to provide accurate depictions of merchandise on our website but we have from time to time make errors. If this occurs, we are not liable for these errors in pricing, photographs or summary descriptions but we will try to resolve them when we can within reason. All of our prices are subject to market conditions and will be changed accordingly.
We do not accept returns or exchanges unless the item you purchased is defective. If you receive a defective item, please contact us via email with details of the product and the defect. Further instructions will be provided if item is to be returned and/or exchanged. This specifically excludes Ammunition and Firearms sales. See below for a complete summary of their terms.
Upon receipt of the returned product, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to a refund or a replacement as a result of the defect. If you are entitled to a replacement or refund, we will replace the product or refund the purchase price, using the original method of payment.
Refunds do not include any shipping and handling charges shown on the packaging slip or invoice. Shipping charges for all returns must be prepaid and insured by you. You are responsible for any loss or damage to hardware during shipment. We do not guarantee that we will receive your returned item. Shipping and handling charges are not refundable. Any amounts refunded will not include the cost of shipping.
If you are not satisfied with your purchase, please contact us within 7 business days of purchase. If you product is made by Black Butterfly Ammunition, LLC we will assist you in returning it to the manufacturing company.
Sales on the following items are final:
AMMUNITION AND FIREARMS SALES
Ammunition is sold as factory "new" or re-manufactured. When re-manufactured ammo is offered, it is clearly noted.
ALL AMMUNITION AND FIREARMS SALES ARE FINAL with the reason being, we cannot accept returns on safety items or get into the middle of a manufacturer defect claim. There are no expections.
In the event your product does not work as advertised, please contact us so that we can assist you with contacting the manufacturer. Do not send the product back to us as it will be destroyed and you will have no evidence to support your claim. In the event, that you decide that this policy does not apply to you and you would rather dispute the charge with your credit card company, we will send them a copy of this paragraph along with your attestation to our terms. When we win the dispute in question, by agreeing to our terms you authorize us to subtract from your charge an additional $50.00 for wasting our time. This will only apply if we formally respond to and win the dispute (which we will). This fee has been approved by our credit card processor as a valid dispute fee and can be applied as long as it appears in our terms and conditions. Honestly, I wouldn’t bother disputing your initial charge for a product issue as we always win these disputes and you’re simply wasting everyone’s time including yours because we didn’t make the product and these sales are final. The best thing to do is to simply contact us so that we can help you file a claim. No manufacturer wants a customer to be have a product that doesn’t work so allow us to assist you the correct way. We will be happy to utilize our business relationships to help you with your defect claim.
All other Chargebacks are also subject to an additional charge back fee of $50.00. By agreeing to our terms, you authorize this fee if you attempt to circumvent our customer service department. So, before you waste your time, re-read our terms or simply ask us via email if you have a question. We created our terms to protect everyone involved including the customers and the owner who holds multiple federal licenses. If you missed something, let us know and we will email it over to you. Again, we would be happy to help you and try work out your issue whatever it is provided it falls within the scope of our terms. Simply put, contact us first and save yourself a bunch of wasted time and effort. We are reasonable people and we want to keep your business if you’re going to be rational adult.
Zero Tolerance Policy blackbutterflyammunition.com and or blackbutterflyammo.com has a policy of zero tolerance for threats of any kind. First and foremost, by utilizing our service you agree to give us permission to record any communications that you have had with our company which may be used for quality control purposes and or retained for “zero tolerance violations”. These “zero tolerance violations” are not confidential and may be provided to law enforcement agencies and credit card companies in addition to being published. In the event that you are an anti-gun keyboard cowboy, motivated by some other agenda or a customer that suddenly takes offense to one of our policies and decides to start sending us threatening communication or you simply hate gun owners; we will immediately cancel your order (if one exists), apply a $50.00 zero tolerance documentation retention fee to the refund and ban you for life. This will be in addition to any fees which may apply to a standard cancellation as per our cancellation policy. This policy also applies to threats of slander and or advising us that you are going to dispute a charge because you suddenly don’t approve of our policies or because another company has their own policies. To be frank, we follow the federal and state laws, we do not make them up and do not care what companies do or how they interupt them. In addition, we also reserve the right to publish your nasty correspondence via a live searchable link as mentioned above. We take our staff’s safety and our business reputation very serious and will take whatever steps we deem necessary to protect them which may include publishing our own version of what transpired and or filing charges in your local jurisdiction. We are not selling lollipops here so consider that before you hit send or call our office and threaten our staff. Basically, be nice to our staff and we will do our best to help you.
Cancelled Orders
If you notify us within 1 hour of your purchase that you made error at check out (like purchasing the wrong ammunition), a cancellation fee of 5% will apply to your refund. This applies to all items purchased on our site. If we are able to we may even be able to void it with no charge at all. Best thing to do is immediately email us if you accidentally ordered the wrong email and of course, be nice!
Any ammunition or firearm order that is cancelled due to your failure to abide by the terms and conditions of our company’s “Terms and Conditions page”, which you agreed to at check out, will result in a 15% cancellation fee subtracted from your total initial order. Your initial purchase is evidence of this agreement. Remember, you cannot physically check out unless you manually agree to these terms, so don’t hit “I agree” and then purchase it, if you do not want the merchandise or are not going to send in your age proof or required FFL.
Once that hour passes or you fail to abide by the terms and conditions of the transaction, this fee stands and we will defend this charge as needed.
Due to the amount of time and resources wasted dealing with cancelled orders, we also reserve the right to ban folks from our site and decline any future sales them.
“So, why is this so much after that hour passes?”
Well, for starters this is an ever changing market place. Today the price could be completely different from tomorrow. Holding ammunition or firearms for you until you find a better price is not why we are in business. This affects our bottom line and also other customers who might want to purchase that ammunition we are holding for you.
Secondly, like most all merchants who accept credit cards, we are charged a percentage of every sale by the credit card processing services. So, when you hit enter, we are instantly charged for that transaction. If you cancel it, we are then charged a second time to back it out. This instantly causes us actual tangible financial damages no to mention creating additional paperwork for us.
In addition, once an order is run, we immediately start work on your order. This includes a welcome email, updating our website, contacting otherwares to reserve your order, manually pulling your order from our inventory and or shrink wrapping it, moving it along to the shipping area, boxing it, possibly creating a shipping label, following up on your age verification, packaging the order, securely tapping the package, etc.,. If an order is cancelled, we have to do this entire process in reverse at our own expense. Plus, it's basically sucks.
Finally, if we have to respond to a dispute, this is more time spent filling out documents that could be spent elsewhere.
Unfortunately, all of these things take time and money which we could be devoting to other clients or passing that along as savings to our other customers. In addition, our time, tape, boxes, and packing materials, and IT Company are not free so there has to be cost passed onto the customer who cancels for things we cannot replace like our time. Finally, our support staff also refused to work for free so this affects them as well.
Any cancellation will be subject to our cancellation fees included under terms and conditions.
Valid Notice of Cancellation
Any cancellation of an order must be submitted in writing via email.
In the event you would like to cancel your order for any reason, you must submit your cancellation request via email and include your order number. We would appreciate a reason for your cancellation so that we may use that to fine tune our business products and practices.
We will not accept phone calls as forms of cancellation and you will be directed to submit this cancellation in writing.
Cancelled orders take 3-5 days to process and return the credit to your credit card account, less the cancellation fee.
Threating us because you don't want your order will not change the cancellation process or waive the fees. See above for "cancelled orders" and "zero tolerance".
Disputed Orders or Missing Items
In the event that an order is disputed for not being delivered or missing items, prior to creating a stop payment, dispute or hold, please contact us in writing via email to address the issue.
We maintain detailed shipping weights, completed by an independent third party of all packages shipped. These records will provide an independent third party weight on all shipments and a shipping delivery receipt log to the address you inputted into our sales management system. Since each box is weighed by us prior to packaging, every shipment should weigh the amount of the items plus a small boxing and packing weight. In the event an order is disputed which results in a credit card hold or stop payment, we will provide this information and dispute the claim. In addition, if the credit processing company’s decision is to validate our claim the items were shipped and received as verified, we will automatically charge you a $50 fee for the time spent disputing this claim. Basically, shoot us an email with your issue and we will look into it ASAP.
Legal Notices and Dispute Resolution
In the event a legal dispute arises with your purchase, you as the customer agree to contact us in writing via certified USPS mail, explaining the dispute. You will then allow us an opportunity of at least thirty days to respond to the dispute prior to taking any further action. In the event we cannot come to a satisfactory resolution of the said dispute, you agree to take part in an independent non-appearance required, arbitration hearing, paid for in equal shares by our company and yourself to resolve the said dispute. In the event this dispute cannot be resolved by this arbitration you agree that any and all legal action will be taken in the physical venue and legal jurisdiction of our company headquarters in Greenville, SC.
Executive Orders, New Legislation, Bans, Legal Changes, Etc.
In the event a new law affecting our inventory is enacted, we reserve the right to cancel any orders placed immediately following such a legal change. However, we also reserve the right to contact existing customers and reinstate their orders if we legally can. We operate under these guidelines for two reasons. First, we need adequate time to have our legal team review the new law to determine the best course of action for disposing of the inventory. Secondly, following a legal change the distributor level supply typically disappears. This dramatically affects the value of the products in stock and increases their purchase cost if they are even still available. In some cases, this instantly drops our pre-ban pricing below retail, current distributor, wholesale pricing and or pending auction pricing. Since our initial pricing is partly made up of “current market prices”, we would also have to re-evaluate the pre ban prices against current market trends. This means confirming our prices are in-line with the current market prices and product availability. The remaining inventory will either be permanently delisted, offered up for private sale to our existing customer or auctioned to the highest bidder, on an online auction site. If a situation like this arises, we will contact our existing customer base to offer these items to those customers first.
Shipping / Special Shipping
If you require special delivery terms that deviate from the terms and conditions, you must contact us in writing to advise us in advance of your shipment. This includes insurance and or signature or special delivery requirements. If we do not acknowledge your request in writing, we offer no guarantee it will be completed. Due to the amount of emails and orders we receive, simply sending an email will not suffice. Please confirm this before you place your order by calling us to confirm we received your written request.
In addition, due to issues with credit card fraud and stolen credit cards, we reserve the right to verify any order where someone attempts to ship products to addresses other than the billing addresses used during the initial transaction. In the event we cannot reach the purchaser to verify the legitimacy of the order, the order will be cancelled at day 10 and the appropriate cancellation fees will apply.
In the event it is discovered that an ammunition order is being shipped to an address in Alaska or Hawaii, or other than the credit card billing address used to purchase the ammunition, without “pre-approval”, we reserve the right to ship this order to your billing address and add “adult signature required” as an additional post transaction fee of $6.00 or cancel the order. This is designed to protect you from breaking ground shipping rules or unauthorized use of your credit card as shipping to addresses other than the billing address is an indicator for credit card fraud. This additional fee does not apply to shipping ammunition to a UPS/FEDEX Store or to a FFL individual or Gun Shop.
In the event you decide to call the shipping carrier like UPS and change the address, you will be charged the actual fee they charge us. In most cases, to redirect an order it costs approximately $18.00-$20.00 and possibly more if they have direct it to another state. Your acceptance of our terms and conditions authorizes us to bill your card for this fee. Instead, we recommend you contact us in writing and request this prior to the ordering shipping. There is no fee to change the address while we still have your order.
By purchasing from us, you will not request that we ship prohibited packages outside the lower forty-eight states of the United States, Chicago or any other area that is prohibited by federal, state, or local law. We do not ship to Illinois, New York, New Jersey, and Connecticut unless proper documentation is provided.
By agreeing to the Terms and Conditions at the time of checkout you authorize us to bill you for any charges incurred due to the violation of State, Federal or ground shipping rules/laws. In the event the order is returned to shipper or it is discovered that you violated our Terms and Conditions. These charges will be billed to the card used at checkout. A summary of these charges will be emailed to the email on file when they are assesd.
Third Party Purchases “Straw Purchases” or shipping to someone else.
Federal Law and State Laws always supersede our terms and conditions in every purchase regardless of the situation. We do not allow third party purchases otherwise known as “straw purchases” due to the fact that all purchasers must agree to our terms and conditions at check out which includes an affirmation of being lawfully allowed to purchase these products. Any third party purchase for items regulated by law will be cancelled if discovered according to our terms and conditions. The only exception to this rule is if you are shipping ammunition to a federally licensed dealer or collector and you have notified us in advance. This means if you order ammunition and have it sent to someone else you are violating our terms and conditions and possibly federal law. This will result in your order being cancelled once discovered due to your failure to abide by our terms and conditions. For you folks who think we are kidding, here is the actual Federal Law showing this pertains to both Firearms and Ammunition sales:
18 USC 922 (a)It Shall be unlawful-
(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter.
The complete law can be found under:
US CODES:
Title 18, Part 1, Chapter 44, Section 922 18 U.S.C. § 922 : US Code – Section 922: Unlawful acts
Shipping Ammunition / delivery policy/ Risk of Loss:
All ammunition sold by blackbutterflyammunition.com and or blackbutterflyammo.com will be shipped via UPS ground or FedEx Ground and labeled as such according to their terms, conditions and guidelines of UPS/FedEx and their policies in regards to shipping ammunition. These shippers require a valid email address and physical address with each order. As per their terms, we cannot ship to a PO Box. Once processed, we will notify the recipient via email so that the customer can track the package throughout the delivery process.
All items purchased from blackbutterflyammunition.com and or blackbutterflyammo.com, are subject to a shipment contract. This means that risk of loss and title for such items will pass to you upon our delivery to the carrier (UPS/FedEx). In some situations, we may opt to ship your order via a different carrier than the one you selected at check out. If this is the case, blackbutterflyammunition.com and or blackbutterflyammo.com will incur any additional cost to ship this item at our own expense. This is a business decision based on the actual items being shipped or if this item being shipped directly from the manufacturer. This carrier selection has no effect on the shipment contract, once the package is dropped off at the shipper, the terms above apply.
So, in simple terms, we cannot control what a shipper does once we hand off the package to them and have zero control of their staff. Once they check in the package at the time of the transfer, it is no longer our responsibility and all liability is on them not us. We also cannot control the area that you live in or the folks who like to steal stuff off your porch. If you don’t require a signature the shipper will typically leave it on your front porch or somewhere else, so keep that in mind.
If you plan on placing a large order, or you live in an unsecure area, we strongly recommend that you add shipping insurance and or a “signature required” to your order at check out. Prior to checking out, each customer must opt out of this additional coverage if they do not want it in order to check out. Remember, most carriers only cover the first $100.00 or each order. Again, refer to the shippers we use to confirm this.
RETURNED OR REFUSED ORDERS
In the event an order is shipped to you and you as the receiver refuse to accept, refuse or return the package your order will be cancelled and the cancellation fees will apply. This does not include any additional fees placed on our shipping account for returning the items to our warehouse. If this happens, any return fees we are accessed will be immediately charged to your card. Your acceptance of the terms and conditions check out give us permission to run any additional charges.
Finally, if you require additional shipping requirements, you must notify us prior to placing your order. If we do not acknowledge your request in writing, we offer now guarantee it will be completed. Due to the amount of emails and orders we receive, simply sending an email will not suffice. Please confirm this before you order ships.
Thank you for taking the time to read through our terms and conditions!