Terms and Conditions
Terms of Sale Last Updated: 8/20/2021 PLEASE READ THESE TERMS OF SALE CAREFULLY. BY PURCHASING ANY PRODUCTS PROVIDED BY RKS USA LLC, OR OUR SUBSIDIARIES OR AFFILIATED COMPANIES, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SALE, DO NOT MAKE ANY PURCHASES THROUGH OUR WEB SITE.
RKS USA LLC and our subsidiaries and affiliated companies (collectively, "RKS USA LLC" or "we"), may make products available to you for purchase through our website (the "Site"). Your purchase of any products through the Site is governed by these Terms of Sale ("Terms of Sale") and our Site Terms which can be found by following the links under “Select a Topic” a (“Site Terms”), and are incorporated herein by reference. Terms with their initial letters capitalized and not otherwise defined in these Terms of Sale will have the meaning given to them in our Site Terms.
We reserve the right to change these Terms of Sale at any time and in our sole discretion. If we make any changes, we will provide you with notice, such as by sending an email, providing notice through the Site or updating the date at the top of these Terms of Sale. These changes will not apply to products you have already purchased, but your continued purchase of products through the Site will confirm your acceptance of such changes. We encourage you to frequently review these Terms of Sale prior to making any purchase through the Site to ensure you understand the terms and conditions that apply to your purchase of products through the Site. If you do not agree to the amended Terms of Sale, you must stop purchasing products through the Site.
RKS USA LLC is an internet retailer engaged in selling products to our end Customers. We are not a distributor and have agreements in place with several of our suppliers which prohibit the sale of their products for the purpose of resale, therefore orders we deem to be intended for resale may be rejected. Accounts believed to be operating as resellers may also be restricted. If you have any questions regarding these Terms of Sale or purchases made through our Site, you can contact us by visiting https://www.rksusa.net/terms.asp
1 Pricing; Availability; Taxes
All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. A product appearing on the Site does not guarantee that product’s stock or availability. In some cases, we may have to cancel a placed order when we determine a product is no longer available. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates. You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. RKS USA LLC reserves the right to collect such taxes or other fees from you at any time.
We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, when delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
We may offer you the ability to pre-order a product before it becomes available. If you choose to pre-order a product, we will charge you until the product becomes available and we can ship your order.
4 Out-of-Stock Items
If the color, size or other features of a product you would like to purchase is not shown, or is not selectable, in the relevant drop-down box or list of options on the product's information page, then the color, size or other features is not available for purchase. In the event that the specific product that you would like to purchase is unavailable, please check our Site at a later time as our inventory of products is subject to change.
5 Shipping & Handling; Export
You agree to pay all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges prior to placing an order. In general, we ship all products by economy ground delivery, which may be provided by any number of shipping service providers, unless otherwise indicated on the applicable product page or otherwise directed by you. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. All orders placed through the Site are shipment contracts, not destination contracts. Any shipping or delivery dates or times shown on the Site are estimates only and actual delivery dates and times may vary. We are not liable for any claims or damages resulting from any delays to your receipt of goods. You will not obtain or direct shipment of any product purchased through the Site for export.
6 Payment; Credit for Refunds
Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site). When you provide your payment information, you authorize us (or a third party service provider working on our behalf) to process and store your payment and other related information. If the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically at any time. You are responsible for resolving any problem we encounter in order to proceed with your order.
7 Returns and Exchangess
Please refer to our Refund and Return Policy at https://www.rksusa.net/returns.asp for general refund and return information and instructions. Notwithstanding anything to the contrary in this Agreement or with respect to any RKS USA LLC warranty policy, you may not return purchased Firearms.
8 Complains and Legal Notices
All complaints and legal notices should be mailed to RKS USA LLC, Inc., Attn: Customer Service, 104 Crandon Blvd. Ste 421C Key Biscayne, FL 33149. Email notices may be sent to info@RKS USA LLC.net.
9 Limited Warranty
RKS USA LLC products may be returned or service fees refunded in accordance with our Return Policy https://www.rksusa.net/returns.asp Certain manufacturers may offer a limited warranty on their products, and any such warranty is offered solely through the applicable manufacturer and not by RKS USA LLC. Any claim made for a breach of that warranty must be made through the manufacturer. RKS USA LLC'S SOLE EXPRESS WARRANTY CAN BE FOUND AT WWW.RKS USA LLC.COM/RETURNS-POLICY, WHICH SUPERSEDES ANY REPRESENTATIONS AND UNDERSTANDINGS CONCERNING THE PRODUCTS THAT YOU RECEIVE FROM RKS USA LLC. OTHER THAN PROVIDED IN THIS SECTION 10 AND ANY MANUFACTURER'S STANDARD WARRANTY APPLICABLE TO ANY PRODUCT, ALL PRODUCTS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND RKS USA LLC, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF PRODUCTS. This warranty gives you specific legal rights, and you may have other rights, which vary from state to state. Some states do not allow us to disclaim certain warranties or to place limitations on how long an implied warranty lasts, so some or all of the limitations and disclaimers set forth in this section may not apply to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by RKS USA LLC.
10 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RKS USA LLC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF RKS USA LLC, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. 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.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH RKS USA LLC AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and RKS USA LLC agree to arbitrate any dispute arising from these Terms of Sale or the sale and purchase of products from RKS USA LLC in accordance with the Terms of Service located at https://www.RKS USA LLC.com/terms-of-service pertaining to “Dispute Resolution and Binding Arbitration”, except that you and RKS USA LLC are NOT required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. PLEASE READ THE TERMS OF SERVICE CAREFULLY, AS ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of RKS USA LLC. The collective work includes works that are licensed to RKS USA LLC. Copyright 2003, RKS USA LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with RKS USA LLC or purchasing RKS USA LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with RKS USA LLC or to purchase RKS USA LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by RKS USA LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of RKS USA LLC used in the site are trademarks or registered trademarks of RKS USA LLC
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, RKS USA LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. RKS USA LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. RKS USA LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
RKS USA LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if RKS USA LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a RKS USA LLC product is mistakenly listed at an incorrect price, RKS USA LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. RKS USA LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, RKS USA LLC shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by RKS USA LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
RKS USA LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to RKS USA LLC.
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of RKS USA LLC products) shall be in the state or federal courts located in Miami-Dade County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of RKS USA LLC products) must be commenced within one (1) year after the claim or cause of action arises. RKS USA LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. RKS USA LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a RKS USA LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
RKS USA LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, RKS USA LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, RKS USA LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to RKS USA LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless RKS USA LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, RKS USA LLC may link to sites operated by third parties. However, even if the third party is affiliated with RKS USA LLC, RKS USA LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of RKS USA LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, RKS USA LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).