Terms & Conditions
Bear Creek Arsenal Terms of Purchase
The following Terms of Purchase (“Terms”) apply to all sales transactions between you, a customer, and Bear Creek Arsenal, LLC (“Bear Creek,” “we,” or “us”), initiated on the Bear Creek Arsenal website, www.bearcreekarsenal.com (“Site”). We reserve the right to revise these Terms at any time. All sales transactions are subject to the then-current Terms presented to you at checkout. Accordingly, you should review these Terms each time you purchase products through the Site. If you do not agree with these Terms, please do not purchase any products through the Site.
I understand it is my full responsibility to make sure the firearm or accessories I am purchasing are legal for me to own under all laws that are applicable to me. By accepting the Terms, I agree that I am legally allowed to own the items I am purchasing, and I represent to Bear Creek that the sale and delivery to me of a firearm will not violate any State law or published ordinance. I also thereby certify that I am 18 or older if I am purchasing a rifle and 21 or older if I am purchasing a handgun.
1. LIMITED LIFETIME WARRANTY
BEAR CREEK MAKES NO WARRANTY, EXPRESS OR IMPLIED WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR OTHERWISE, EXCEPT AS FOLLOWS. All products purchased through the Site are warranted from the date of purchase (herein defined as the date a product is ordered and payment is submitted through the Site), as follows:
(a) Products are warranted to be free from defects in materials and workmanship. No other warranty is made or provided herein.
(b) The limited warranty described herein is provided solely to, and shall only be honored with respect to, the original purchaser of the warranted product. The resale or conveyance of a product otherwise warranted herein shall immediately and irrevocably void the warranty.
(d) Completed warranty/return forms must be submitted, along with proof of purchase and the warranted product, to us via UPS at: Bear Creek Arsenal, Warranty Claims Dept., 310 McNeill Rd., Sanford, NC 27330. Unless prior written authorization is obtained from Bear Creek, no warranty claim or request for warranty service will be processed or honored without your submission and our receipt of a completed warranty/return form and proof of purchase.
(e) It is your responsibility to submit covered warranty claims within the applicable warranty period. Received warranty claims that are postmarked outside of the applicable warranty period will not be processed or honored. Bear Creek is not responsible for any late, lost, or stolen warranty claims.
(f) If you are unsure whether you have a potential covered warranty claim, please contact us, prior to shipping any products to us, at email@example.com. We may respond and request additional information regarding your claim in order to assess the claim and respond to you.
(g) Bear Creek will service all timely submitted and covered warranty claims by, at its sole option, repairing or replacing the defective product.
(h) It is your responsibility to arrange and pay for all shipping and insurance costs associated with the shipment of any products and claims documentation to us, and to package all products in order to ensure safe transit. Bear Creek shall bear no responsibility for any loss or damage to products incurred during transit. If your warranty claim is rejected for any reason, the product may be returned to you at your expense.
(i) Bear Creek will reimburse FFL transfer fees associated with any submitted, covered, and accepted warranty claims on firearms. If your warranty claim is rejected for any reason, no reimbursement shall be provided.
(j) No reimbursements will issue to you until we have received, processed, and accepted your warranty/return form and proof of purchase, and completed any repair or replacement of the warranted product.
(k) If you contact us with questions or to inquire about the status of your warranty claim, we may request that you provide the Order Number indicated on your warranty/return form.
(l) WHERE NOT LIMITED OR PROHIBITED BY LAW, BEAR CREEK IS NOT RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER THIS LIMITED WARRANTY, WHETHER ARISING BY WAY OF EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE, OR OTHERWISE. BEAR CREEK’S LIABILITY UNDER THIS LIMITED WARRANTY IS STRICTLY LIMITED TO ITS OBLIGATION TO REPAIR OR REPLACE A WARRANTED PRODUCT, AND TO REIMBURSE FFL TRANSFER FEES ASSOCIATED WITH ANY SUBMITTED, COVERED, AND ACCEPTED WARRANTY CLAIMS ON FIREARMS.
The foregoing limited warranty does not apply to or cover any of the following:
- Normal wear and tear
- Damage caused in whole or part by failure to perform proper care and maintenance
- Damage caused in whole or part by the use of nonstandard ammunition, including without limitation high velocity or high pressure ammunition, tracer ammunition, or hand-loaded ammunition
- Damage caused in whole or part by unauthorized modification or alteration, unauthorized repair, misuse, or abuse
2. FIREARM SALES
All sales of firearms, as defined in the Gun Control Act of 1968, 18 U.S.C. § 921(a)(3), through the Site are conditional, as follows:
(a) When you “order” a firearm through the Site, you must select one of our authorized FFL dealers from a list of dealers.
(b) Upon completing your order and submitting valid payment, we will ship your order to the selected dealer. The selected dealer will then contact you to notify you when it has received your order.
(c) You must retrieve your order at the physical location of the selected authorized FFL dealer. Title to all firearms and other products contained in your order shall remain with Bear Creek, and shall not legally pass to you, until you have completed a successful background check, any necessary paperwork, and other requirements as prescribed by the FFL dealer and/or relevant law, and the FFL dealer has, in its sole discretion and authority, released the order to you.
(d) In the event that a successful background check is not completed, you fail to complete any paperwork or other steps necessary for the release of your order to you, or you are unable to take delivery of the firearm from the FFL for any other reason, your order will be voided, and you will be reimbursed any amounts paid, in the form in which we received them, less any shipping and insurance expenses incurred by Bear Creek in connection with the shipment of your order to the selected authorized FFL dealer.
The following terms and limitations apply to all firearm sales:
- No FFL dealer on our list of dealers is an agent or representative of Bear Creek, or has any power or authorization to bind Bear Creek or make a representation, promise, or agreement on behalf of Bear Creek.
- You bear all risk of loss with respect to your order, including loss due to theft, from the time of purchase to the time of the authorized FFL dealer’s release of, or refusal to release, such order to you.
- Bear Creek is not responsible for the policies or procedures, or the actions, of its authorized FFL dealers, and shall have no liability to you or anyone else arising out of any such policies, procedures, or actions, including without limitation a dealer’s refusal to release an order to you. Questions regarding any such policies or procedures should be directed to the authorized FFL dealer, and not to us.
- Bear Creek is not responsible for, and shall have no liability based on, any unauthorized alterations or modifications of Bear Creek firearms by you or by third parties, including without limitation by any authorized FFL dealers.
- You are responsible for paying all shipping and insurance costs, as well as any federal, state, or local fees or taxes, in connection with your order. You are further responsible for any costs incurred by you in connection with your travel to a selected authorized FFL dealer.
3. 30-DAY RETURN POLICY
All of our products are guaranteed for thirty (30) days from date of purchase (herein defined as the date a product is ordered and payment is submitted through the Site).
To return a product:
(b) Return the product, along with all original packaging, proof of purchase, and completed warranty/return form to us via UPS at: Bear Creek Arsenal, Returns Dept., 310 McNeill Rd., Sanford, NC 27330.
(c) If you contact us with questions or to inquire about the status of your return, we may request that you provide the Order Number indicated on your warranty/return form.
All product returns are subject to the following terms and limitations:
- We reserve the right to reject any returned product, and to decline to issue any reimbursement, if in our sole judgment the returned product has been damaged by you or otherwise while in your custody or care.
- Returns must be postmarked or otherwise received by us within thirty (30) days from date of purchase. Returns not postmarked or received by us within the applicable period will not be processed or honored, and will be refused and/or returned to you at your expense. Bear Creek is not responsible for any late, lost, or stolen returned products.
- It is your responsibility to obtain insurance for any returns, and to pay any necessary shipping and insurance costs. Bear Creek shall bear no responsibility for any loss or damage to returned products incurred during transit. No reimbursement shall be provided for any shipping or insurance costs.
- We will make payment on any accepted returns in the same manner as payment was received. By way of example, if you purchased a product via credit card, we will attempt to credit the return to the same card.
- No return payment will issue to you until we have received, processed, and accepted your returned product, packaging, proof of purchase, and return tag.
- Typical processing time is 3-4 business days from the date we receive your return.
The following additional terms apply to all sales:
- All prices, product specifications, and product configurations are subject to change without notice, and at the sole discretion of Bear Creek. All orders must be paid in United States dollars, by accepted credit card, money order, or certified check.
- Bear Creek does not sell or ship firearms or firearms components to individuals or entities residing in the following states: CA, CT, HI, MA, MD, NJ, and NY.
- From time to time, Bear Creek may conduct contests, giveaways, sweepstakes, and/or promotions through the Site (“Promotions”). Additional terms and conditions may apply to each Promotion, which terms and conditions will be posted and available on the Site. It is your responsibility to review any additional terms and conditions applicable to a Promotion in order to determine eligibility and requirements for participation. In the event of a conflict between these Terms and the additional terms and conditions applicable to a Promotion, the additional terms and conditions applicable to a Promotion shall apply.
- You are responsible at all times for complying with relevant federal, state, and local law, including without limitation with respect to your purchase and use of firearms.
- The export of certain products from the United States is strictly prohibited without a valid export license issued by the U.S. Department of State, in accordance with the International Traffic in Arms Regulations (“ITAR”) (22 C.F.R. 120-130), or a valid export license issued by the U.S. Department of Commerce, in accordance with the Export Administration Regulations (“EAR”) (15 C.F.R. 730-774). In addition, United States law prohibits the sale, transfer, or export of items to certain restricted parties, destinations, and embargoed countries, as identified on lists maintained by the U.S. Department of State, the U.S. Department of Commerce, and the U.S. Department of Treasury. It is your responsibility to review these lists and the items identified thereon. By purchasing products from us, you hereby represent that you will not engage in any unauthorized transaction involving the export of Bear Creek products to any restricted parties or destinations, and further represent that you will comply with all requirements imposed by all applicable laws, regulations and administrative policies.
- You and Bear Creek both agree that Bear Creek’s maximum liability under these Terms, and based on your purchase of products through the Site, shall be equal to the aggregate market value of such products. IN NO EVENT SHALL BEAR CREEK BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, ARISING OUT OF RELATING TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE AND/OR ANY USE OF OR DEFECTS IN SUCH PRODUCT(S).
- These Terms may not be changed, modified or amended, except as expressly provided herein or otherwise in writing signed by an authorized representative of Bear Creek. You may not assign any rights or interests under these Terms without the prior written consent of Bear Creek. The rights and obligations of the parties under these Terms shall be governed by the law of the State of North Carolina, including the Uniform Commercial Code as adopted by the State of North Carolina, excepting North Carolina and the Uniform Commercial Code conflicts of law rules.
- If any provision of these Terms shall be held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.
5. FIREARMS SAFETY
I certify that I have read and agree to the following safety rules when handling a firearm, ammunition or firearm:
(a) Always keep the firearm pointed in a safe direction. This means that the firearm’s muzzle is pointed in a direction so that even if it were to discharge it would not cause injury or damage. You are responsible for every round fired from a gun you are holding.
(b) Keep your finger off the trigger until ready you are to shoot.
(c) Keep the firearm unloaded until ready to use.
(d) When you pick up a firearm, check that the mechanical safety is engaged, and if not, engage it. Extract the magazine if a magazine is in the firearm. Then check to see if the firearm is loaded by observing the chamber, the bolt, and the magazine well to ensure that no ammunition is in the firearm. If you do not know how to operate the firearm to perform these checks, get help from someone who does and do not handle the firearm until you know how to safely operate it.
(e) Know your target and what is beyond. Be absolutely sure you have identified your target beyond any doubt, and be aware of the area beyond your target. To do so, observe your prospective area of fire before you shoot.
(f) Before handling a firearm, learn how it operates. Know its basic parts, how to safely open and close the action and remove any ammunition from the firearm or magazine. A firearm’s mechanical safety is never foolproof.
(g) Be sure the firearm is safe to operate. If there is any question concerning a firearm’s ability to function, take the firearms to a knowledgeable gunsmith.
(h) Use only the correct ammunition for the firearm. Only cartridges designed for a particular firearm can be fired safely in that firearm.
(i) Wear eye and ear protection when shooting.
(j) Never use alcohol or any drugs before or while shooting.
(k) Store firearms so they are not accessible to unauthorized persons and obey all laws that govern access to firearms by minors.
(l) Clean and maintain your firearm regularly. Taking proper care of a firearm promotes safe usage of the firearm, maintains its value, and extends its life. Clean your firearm after each use. Any firearm that has been in storage should be cleaned before shooting. Before cleaning your firearm, ensure that it is unloaded and that no ammunition is present in the cleaning area.
For more information, visit the NRA’s website regarding gun safety: http://training.nra.org/nra-gun-safety-rules.aspx