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Terms & Conditions


Welcome to Tackleberrys.com and our website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.

Before you place an order, if you have any questions relating to these terms and conditions please contact us by e-mail or call us on 512-396-4860 between 9.30am-5pm Weekdays. Please note that all calls to this number will be charged at the local rate (cellphone users and other network charges may vary). Inbound and outbound calls may be recorded for quality monitoring and training purposes.

Definitions

“Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "Personal Information" means the details provided by you on registration; "We/us" means Tackleberrys; "Website" means the website located at www.Tackleberrys.com or any subsequent URL which may replace it; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "United States" of course relates to mainland continental USA, Hawaii is specifically excluded and additional charges for Alaska may apply. "You" means a user of this Website. "FFL" means Federal Firearms Licensee.

Use of the website

Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that:

The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by contacting us by e-mail, or calling us on 512-396-4860.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our rights:

We reserve the right to:

modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Recommendations

When you use our website, you may notice that we offer you recommendations, showing products we think you might like and could perhaps miss when you're browsing the site.

These are based on past purchases, top sellers, ratings and recently-viewed products. We determine your interests and suggest new products you may like; additionally we compare your interests and buying habits with the interests and habits of other customers, to show you relevant products.

Your recommendations may change when you make a purchase and move around the site. We take reasonable care to ensure our recommendations are in line with your behavior as a customer on Tackleberry.com. Details of the products we recommend, such as price, are correct at the time recommendations are originally made to you, but can be subject to change without notice.

Purchase of products:

Knives, Firearms Ammunition and Edged Tools

Tackleberrys is a responsible retailer and recognizes legislation relating to the sale / purchase / supply of Knives, Firearms, Ammunition and Edged Tools will vary from Country to Country. Since we are a Texan business, we will supply these goods strictly in accordance with sensible commercial practice and as such we reserve the right to ask for proof of age when purchasing Knives and Edged Tools online should we not be able to verify that the buyer is aged 18 or over by other means. The same of Firearms and Ammunition will only be conducted on a face-to-face basis when appropriate certification and authority to purchase and possess must be produced. Where we sell Firearms including but not limited to Pistols, Revolvers, Rifles, Shotguns and similar, these may be purchased online but we will only dispatch them to a fellow Federal Firearms Licensee (FFL). It is your responsibility to provide us with details of which FFL you want your purchase dispatched to together with their contact information. We need toverify that the recipient is indeed a current FFL before we may dispatch your purchase.

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Please also note our refund policy which is itemised in this section before placing your order, thank you.

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:

You browse the website selecting items which you wish to purchase. You place your order by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions.

We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Tackleberrys.com.

As your product is shipped from our warehouse we will send you a despatch confirmation email.

Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with our policy regarding cancelation. Any special orders canceled by a customer are subject to 25% restocking fee

Non-acceptance of an order may be a result of one of the following:

The product you ordered being unavailable from stock.
Our inability to obtain authorisation for your payment.
The identification of a pricing or product description error.
You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

The contract will be concluded in English.

Contract cancellation under the Distance Selling Regulations currently in force in the UK, EU Texas and USA.

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 7 working days after the day on which you receive the Products.

If you wish to exercise your right to cancel this contract after your order has already been dispatched, we will refund the original purchase price only, not the respective delivery charges, provided that you have notified us in writing no longer than 7 working days after the day on which you receive the Products, and that you have taken reasonable care of the Products and not used them. Please follow the procedure set out in our Returns procedure.

Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty or not as described:

Made to measure or personalised goods
Perishable goods
Unsealed CDs, DVDs, tapes or other recording media, software or videos

Description of products

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
 

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
 

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Entire agreement

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Tackleberrys and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with the laws of Texas and you irrevocably submit to the exclusive jurisdiction of the courts of this fine State.


Layaway

Tackleberrys is happy to accommodate purchases through our layaway plan for purchases
of $400 or greater when the following terms and conditions apply.
 
Customers will be presented with a copy of our terms and conditions and be asked to sign
a contract with us when we will remove the item(s) from sale until the goods are paid for in
full. At this time an initial estimate will be raised to calculate the total amount payable
inclusive of Texas Sales Tax.
 
We require a 50% non-refundable deposit and extend terms over four weeks where the
balance is payable by either 4 weekly or two fortnightly payments. Initial payments may be
by cash, check or credit card but the final payment must be cleared before the goods will
be released.
 
Layaways may be cancelled at any time and an in-store credit will be held for the monies
paid by the customer to Tackleberrys in our inactive reserve account although there will be
a charge equal to 20% of the purchase price of the goods or $100, whichever is the
greater, deducted from that sum. The goods in Layaway will be put back on the market.
You may use your net refund to purchase one of our other items equal or greater to the
amount you have paid us.
 
Any check that is returned to Tackleberrys for any reason will attract a $35.00 fee.
 
If you have problems making a payment please notify us. We try to be flexible and are
happy to work with you, but should you miss any payment, the goods will immediately be
placed up for sale again and if full payment is not received within 45 days of commencing
your contract, your account with Tackleberrys will be cancelled at which time any and all
monies paid on the Layaway contract will be forfeit.
 
In the event that this layaway agreement is for the purchase of Firearm(s) and the
purchaser in unable to receive the goods because of failure to pass the mandatory FBI
Background check, there will be a charge equal to 20% of the total amount payable or
$100, whichever is greater, deducted from any refund due. This background check will be
instigated at the time of signing the contract, so if there is any doubt in your mind as to
whether you are restricted from possession of a firearm, please do not proceed with this
contract.
 
If you have any questions regarding this contract, please ask before you proceed and
should you have concerns that you will not be able to complete the payments or terms,
please may we politely suggest that you refrain from completing this agreement since we
would rather not be put in a position where we have to penalise our clients financially for
non-compliance, Thank you.

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