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Terms & Conditions

Terms of Use

Welcome to Elk River Guns (elkriverguns.com, shop.elkriverguns.com) (Site). The Site is provided as a service to our customers. Your use of the Site is governed by these Terms.  By using the Site, you agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review the Terms whenever you use or access the Site.  If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms. 

By accepting these terms and conditions through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.

Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.  

Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title or interest in or to the Content.  

Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site.  Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws. 

We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors and detail. However, the actual color and/or detail you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors or details. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site. 

The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

Other items available for sale not listed on this website include discontinued parts or parts for firearms no longer produced. Please contact us if you have any questions regarding parts for firearms no longer produced (such as Vietnam era upper receiver units, obsolete fire control parts, etc.).

All items on this website are subject to change without notice. This includes item availability, one-of-a-kind items, and pricing.

Our online inventory changes every day. Occasionally an item may appear on the site by mistake or the item’s description may contain a typographical error. We do not guarantee that titles, descriptions, pictures or prices on our site are error-free. We reserve the right to refuse any order including but not limited to orders for items with errors in the description or price. In the event that we cancel an order we will not charge the customer’s credit card or we will refund the money.

If an item’s description contains an error such as incorrect photo, price, accessory or description and a customer makes the order, we will not process the order without first contacting the customer. If the order is mistakenly shipped, we may advise the customer to return the item in an unopened condition and we will refund the customer. By placing an order, the customer agrees that Elk River Guns will be the final arbiter of discrepancies in the online catalog.

The seller provides all descriptions for used items. All descriptions for used items are honest and based on actual items being offered for sale. Items being sold in this manner will be marked as such. All sales on used items are final. Photos will be provided when available. All machine guns are considered used unless otherwise noted.

All firearms, magazines, receivers and restricted law enforcement items are sold and shipped in accordance with all existing federal, state and local laws and regulations. Many of the firearms, magazines and parts for sale on this website may be restricted or prohibited in your area. Please check your local and state regulations before ordering. You must be 18 or older to purchase a long gun and 21 or older to purchase a handgun per ATF rules, but state and local laws may differ and you will need to check your local laws before purchasing a firearm.

All new firearms are shipped in the original manufacturer’s box, with magazine(s), accessories and applicable warranty. Firearms requiring warranty work must be returned to the factory within 1 year of purchase for repair. Accessories and special order items not normally sold by our store will not be covered under warranty even if these products are part of an integrated firearms package, unless we have guaranteed the entire package in writing. Please contact the original manufacturer for warranty information on all accessories and special order items.

New firearms sold via the website are shipped to our physical store first for a quality inspection by our trained staff. If desired, we can further ship the firearm to an Federal Firearms Licensed Dealer near you, or you can pick up your firearm in our store. Once the firearm has been transferred to you the firearm is subject to our In Store Firearm Return Policy and, if fired or in a used condition or without all original packaging, our Used Firearm Purchase Policy.

All orders except for firearms, ammunition or NFA items are either shipped promptly from our warehouse or in-store inventory within 3 – 10 business days using UPS, FedEx, or USPS. Tracking numbers are available for items shipped via UPS and FedEx

You must be 18 or older to purchase rifle or shotgun ammunition and 21 or older to purchase handgun ammunition. All ammunition will be shipped ground with adult signature required. Always make sure to use the correct ammunition for your specific firearms. Check your local laws for any other regulations. *All ammunition sales will comply with local and state laws and will not be shipped to any restricted areas.*

When an order is placed for physical merchandise, it will be shipped to an address designated by you as long as that shipping address is compliant with State and Federal regulations and the shipping restrictions imposed by our chosen shipping carrier. All purchases from the Site are made pursuant to shipment conditions, by accepting these terms and conditions through your use of the Site. You are responsible for contacting Customer Service  here regarding any claims for damaged and/or lost shipments.

All gun and lower receiver sales are final, in accordance with industry standards. 

Once your purchase is transferred to you and leaves the store or the location of the transfer FFL if you asked us to ship to, the sale is final and the item cannot be returned.

Please make sure you thoroughly inspect any gun you purchase and if you are concerned that a gun may have a defect, do not accept delivery at the store, or the transfer FFL.

If, after purchasing your gun or lower receiver, you determine that the item may be defective you will need to work with the manufacturer of the item to have it repaired or exchanged.

Because of the nature of these items, unless they arrive damaged or defective, we can’t accept returns for:
Custom or personalized orders
Ammunition
NFA items
Special orders
Clearance items
Digital downloads
Products sold “as is” or used, or that have been installed and/or used after receipt.

Elk River Guns reserves the right to limit or decline any return or exchange.  Please see our complete Return and Refund Policy here

By making a purchase on the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services.  You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit any order.

Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by contacting us prior to making an order. You may receive a shipping confirmation e-mail once your items have shipped.

From time to time, we may allow users to post comments, suggestions, ideas, materials and other submissions (“User Comments”) on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.

Although User Comments may be posted on the Site, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to be in violation of the above.

The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites.  Your access to these third party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.

You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.

Registration, Accounts and Passwords You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.

If you believe someone has used your password or account without your authorization, you must notify us immediately. We reserve the right to access and disclose any information including, without limitation, user names of accounts and other information to comply with applicable laws and lawful government requests.

YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  WITH RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION.  THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this Site or breach of these Terms.

These Terms shall be construed in accordance with the laws of the State of Colorado, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Mindful of the high cost of legal dispute, not only in dollars but also in time and energy, both you and Elk River Guns agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“dispute”), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute. 

Unless you indicate otherwise in your notice, we shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.

In the event that we are unable to resolve the dispute with you, both agree the parties shall resolve their dispute utilizing binding arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.

We are committed to protecting the privacy of the visitors to the Site.  For information on how information is collected, used, or disclosed by us in connection with your use of the Site, please consult our Privacy Policy.