Terms of Sale: Militaria
Thank you for your order! Rare Collectibles TV and Rick’s US Coin show appreciates the opportunity to serve your antique firearm needs. Our goal is for you to be 100% satisfied with your order. Please contact customer service at 800-581-7273 for any assistance with your purchase today.
THESE TERMS OF SALE REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, WHEN YOU OPT TO USE ARBITRATION TO RESOLVE DISPUTES AS SET FORTH BELOW
These Terms of Sale apply to the purchase and sale of products and services through Rare Collectibles TV, LLC, and its affiliates (“RCTV,” “we,” “our,” or “us”).
Order Acceptance and Cancellation You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion at any time.
Purpose of Purchase; No Fiduciary Relationship. You agree that your purchases from us are collectible items and are neither investments nor consumer goods purchased for personal, family or household purposes, and that the decision to buy collectible items is entirely your own, and not based on advice or recommendations from RCTV or any of its representatives. You acknowledge and agree that your relationship with RCTV is that of retailer-customer at arm’s length, and is not a fiduciary relationship.
Prices and Payment Terms Prices posted on our Website may be different than prices offered by us through other sales venues. All prices, discounts, and promotions we offer are subject to change at any time without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Posted prices do not include taxes or charges for shipping and processing. We strive to provide accurate price information. On occasion, we may make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. From time to time, we may offer promotions that affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.
Terms of payment are within our sole discretion. When you make a payment to us using a credit card, you represent and warrant that: (i) the credit card information you supply to us is true, valid, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and processing charges and all applicable taxes, if any, regardless of the amount quoted at the time of your order.
Shipments and Deliveries We will arrange for shipment of the products to you. You will pay all shipping and processing charges specified during the ordering process. Shipping and processing charges cover reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
Title and risk of loss pass to you upon delivery of the products to your designated address. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds RCTV provides a limited right of return and refund of your purchase price less the original shipping and processing costs, as follows:
- For sales under $50,000 RCTV will accept a return of the product(s) made within thirty (30) days of delivery;
- For sales between $50,001 and $100,000, RCTV will accept a return of the product(s) made within fourteen (14) days of delivery;
- For sales of $100,0001 or more, there is no right of return and all such sales are final.;
- For any special orders or products designated by RCTV as final sale or non-returnable, there is no right of return and all such sales are final.
IN ALL CASES, RETURNED ITEMS MUST BE IN THEIR ORIGINAL CONDITION AND PROTECTIVE CASING AND ACCOMPANIED BY VALID PROOF OF PURCHASE FROM RC TV. BEFORE RETURNING A PRODUCT, YOU MUST FIRST CALL THE RCTV CUSTOMER SERVICE LINE AT 1-800-581-7273 BETWEEN THE HOURS OF 8AM-5PM PACIFIC TIME TO OBTAIN A RETURN MERCHANDISE AUTHORIZATION (“RMA”) NUMBER. Include the RMA number with the merchandise you are sending back. This number ensures a rapid and secure refund or exchange of your merchandise. No returns of any type will be accepted without an RMA number. You are responsible for all shipping and processing charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. ALL PERMITTED RETURNS MAY BE SUBJECT TO A RESTOCKING FEE OF UP TO 15% OF THE SALE PRICE FOR EACH ITEM.
Information for Online Shoppers The following information relates to purchases made through a Web site owned by RCTV (collectively, our “Website”). All online sales are subject to our Terms of Use and Privacy Policy, in addition to these Terms of Sale. These Terms of Sale are subject to change by RCTV without prior written notice at any time, in our sole discretion. Any changes to the Terms of Sale will be in effect as of the Effective Date listed at the top of the Terms of Sale. You should review these Terms of Sale prior to purchasing any product or services that are available through the Website. Your continued use of the Website after the Effective Date will constitute your acceptance of and agreement to such changes. We attempt to make our product descriptions as accurate as possible. We do not warrant, however, that the product descriptions or any other content on the Website is accurate, complete, reliable, current or error free. Please note that while we have tried to accurately display the colors of products, the actual colors you see on your device will depend on your monitor and may not be accurate. If a product offered by us is not as described, your sole remedy is to return it (if eligible) in unused condition in accordance with these Terms of Sale. The prices displayed on the Website are quoted in U.S. dollars, unless otherwise indicated.
Merchandise availability on our Website 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 calling Customer Service at (800) 581-7273. You will receive a shipping confirmation e-mail once your items have shipped.
Warranty and Disclaimers Grading is an art, not a science. Any condition, grade or description of any antique firearm sold is the opinion of the seller and is not a warranty of any kind. Whether numerical or adjectival grading is utilized, it represents the seller’s opinion as to the particular state of preservation that the antique firearm is in and may not necessarily correspond to the opinion of others. The price for which each item is sold represents the price that the sellers has offered, and the buyer paid, independent of any description by seller.
Compliance with Local Laws as to the Purchase of Antique Firearms In the following states and territories, your purchase of an antique firearm requires a background check, cannot be made to a person prohibited under state or federal law from possessing a firearm, or otherwise must be transferred by a licensed firearms dealer (FFL): New York, Connecticut, New Jersey, Maryland, California, and Hawaii. Such requirements may obligate you to travel to the business location of the licensed dealer in order to conduct the background check and take delivery of the firearm. All costs of such background check or handling of the transaction and delivery by a licensed dealer, including all fees, storage, additional shipping, or other costs, are in addition to the sale price and any ordinary shipping and delivery costs otherwise charged (see Shipments and Deliveries above), and are payable solely by You. Unless the parties agree in writing prior to sale for alternative arrangements for handling by a specified licensed dealer, we will arrange for the background and delivery to occur through a licensed dealer of our choosing in your geographical area, but to one located no more than 50 miles from your identified shipping address. In the event the sale cannot be completed due to the results of a background check or as a result of a requirement of state or local law regarding the transfer of such a firearm that cannot with reasonable acts be met, you will bear all costs of the transaction, including a 15% restocking fee calculated from the sale price of the firearm.
ALL PRODUCTS WE SELL ARE OFFERED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
ANTIQUE FIREARMS ARE NOT CONSIDERED SAFE OR MERCHANTABLE FOR FIRING AMMUNITION OR OTHER PROJECTILES FROM THE BARREL. WE DO NOT TEST OR INSPECT ANTIQUE FIREARMS FOR MERCHANITABILITY OR USE AS A FUNCTIONING FIREARM FROM WHICH A PROJECTILE MAY BE SHOT. WE DO NOT ALTER ANTIQUE FIREARMS TO RENDER THEM OPERABLE OR INOPERABLE. DO NOT LOAD AN ANTIQUE FIREARM WITH ANY AMMUNITION, CARTRIDGE, BULLET, SHOT, WAD, CAP, POWDER, PRIMER, OR OTHER PROJECTILE OR EXPLOSIVE. ANTIQUE FIREARMS SOLD BY RARE COLLECTIBLES TV, LLC ARE ONLY FOR DISPLAY AND COLLECTION PURPOSES, AND SHOULD NOT BE CONSIDERED OR TREATED AS FUNCTIONING FIREARMS.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
Assumption of the Risk of Use of Antique Firearms Purchased From Us
THE FIRING OF PROJECTILES FROM OR DETONATION OF POWDER WITHIN ANTIQUE FIREARMS IS AN INHERENTLY DANGEROUS ACTIVITY. DUE TO AGE OR USE, ANTIQUE FIREARMS MAY NO LONGER HAVE THE CHARACTERISTICS, INCLDUING STRUCTURAL INTEGRITY, TO FUNCTION PROPERLY WHEN FIRED, AND THERE IS A SIGNIFICANT LIKELIHOOD THAT FIRING AN ANTIQUE FIREARM MAY RESULT IN INJURY OR DEATH TO THE USER OR BYSTANDERS, INCLUDING INJURY TO THE FACE, EYES, HANDS, ARMS, OR OTHER PARTS OF THE BODY FROM EXPLOSION OR RICOCHET OCCASIONED BY THE DISCHARGE OR MALFUNCTION OF THE FIREARM. YOU ASSUME ALL RISK OF INJURY FROM EXPLODING POWDER WITHIN, FIRING A PROJECTILE FROM, OR LOADING ANY AMMUNITION, CARTRIDGE, BULLET, SHOT, WAD, CAP, POWDER, PRIMER, OR OTHER PROJECTILE OR EXPLOSIVE INTO AN ANTIQUE FIREARM.
California Proposition 65 Warning WARNING: Antique firearms can expose you to chemicals including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED FROM US.
The limitation of liability set forth above shall (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
Resolution of Claims or Disputes RCTV hopes to make you a happy customer and most customer concerns can be resolved quickly by calling customer service at 1-(800)-581-7273. If there is an issue that still needs to be resolved, these Terms of Sale govern that process unless you agree to the Resolution of Claims or Disputes by Arbitration terms below. For all disputes not resolved by arbitration, you agree that any claim or dispute between you and RCTV arising out of or relating in any way to the product or these Terms of Sale shall be resolved through an action in the Superior Court of California for the County of Los Angeles. Further, you agree that this transaction is entered into in Torrance, California, that any claim arising out of the sale, alleging a breach of these Terms of Sale, or alleging claims related to direct marketing efforts, including complaints concerning unsolicited text messages, emails and telemarketing calls, is subject to a determination of jurisdiction and venued based upon the injury arising therefrom having occurred in Torrance, California.
Resolution of Claims or Disputes RCTV hopes to make you a happy customer and most customer concerns can be resolved quickly by calling customer service at 1-(800)-581-7273. You and RCTV agree that in the event of a dispute, the complaining party will send the other party a written Notice of Dispute, and the other party will be given 30 days to cure any problem before the complaining party commences arbitration as provided below. Any unresolved claim or dispute between you and RCTV arising out of or relating in any way to your overall relationship with us or transactions between you and us shall be submitted to final, binding arbitration by a single arbitrator pursuant to the American Arbitration Association’s (AAA) United States Commercial Dispute Resolution Procedures. These rules and procedures are available by calling the AAA or visiting its Web site at www.adr.org. The exclusive venue of any arbitration under these Terms of Sale shall be Los Angeles County, California, and the governing law shall be that of California, without reference to choice of law rules. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses.. You agree that you may bring claims against us only in an individual capacity and not in a class action or representative proceeding, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms of Sale specifically prohibit you from commencing any court or arbitration proceeding as a representative of others or joining in any court or arbitration proceeding brought by any other person.
No Waivers The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of RCTV.
No Third-Party Beneficiaries These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
Severability If any provision of these Terms of Sale is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void and the remainder of the provision and all other provisions shall remain fully enforceable.
Effective Date: December 7, 2021