Terms and Conditions of Online Sales
EXCLUSION OF OTHER TERMS
The terms and conditions stated herein may not be varied by Buyer, and no additional or different terms or conditions, whether stated in Buyer’s purchase order form or elsewhere, shall be applicable to the transaction unless specifically agreed to in a separately signed, written instrument by an officer of Pookie's Archery and Guns, LLC. Buyer’s acceptance of delivery of all or part of the goods covered hereby or Buyers payment therefore shall constitute such assent.
PRICES
Unless otherwise stated on PookiesArchery.com, all prices are F.O.B/Point of Departure, exclusive of freight, insurance and local delivery charges, if any. Prices advertised do not include shipping and handling or applicable taxes.
TAXES
All applicable sales, use, excise, gross receipts and other taxes (excluding only taxes on the net income of the Company) are the responsibility of the Buyer, and Buyer shall promptly pay or reimburse the Company for payment of any such taxes on demand. If Buyer claims an exemption from such taxes, an exemption certificate must be furnished to Pookie's Archery and Guns, LLC.
PAYMENT
Terms of payment are within Pookie's Archery and Guns, LLC's sole discretion, unless otherwise agreed to by Pookie's Archery and Guns, LLC. Payment must be received by Pookie's Archery and Guns, LLC prior to Pookie's Archery and Guns, LLC acceptance of an on-line order. Payment will be made by credit card, unless Pookie's Archery and Guns, LLC has provided written approval for an on-line user name and password account for specific agreed upon credit terms.
SHIPMENT
Any shipping date shown represents Pookie's Archery and Guns, LLC best estimate as of this date, but Pookie's Archery and Guns, LLC shall not incur any liability of any kind whatsoever for failure to ship on any particular date, unless firm shipping date has been expressly agreed to by an officer of Pookie's Archery and Guns, LLC in a separately signed written instrument. Risk of loss shall pass to the Buyer when the goods are placed in the possession of a common carrier. Claims against the carrier shall be the responsibility of the Buyer, and claims against Pookie's Archery and Guns, LLC for patent defects, errors, or shortages must be made in writing to Pookie's Archery and Guns, LLC within fifteen (15) days of receipt of the goods, or such claims shall be deemed to have been waived.
WARRANTY MATTERS
Products manufactured by Pookie's Archery and Guns, LLC are warranted to be free from defects in material and workmanship under normal use and service for a period of twelve (12) months from the date of shipment, unless otherwise noted in product literature. Pookie's Archery and Guns, LLC will repair or replace, at its option, Products which prove to be defective within the warranty period F.O.B. /Point of Departure. Pookie's Archery and Guns, LLC's warranty shall be voided by any repair, alteration or modification by persons other then the employees of Pookie's Archery and Guns, LLC, or those expressly authorized by Pookie's Archery and Guns, LLC to make repairs, and by any abuse, misuse, or neglect of Our Goods, or by use not in accordance with Pookie's Archery and Guns, LLC published instructions. The remedies for any failure of Pookie's Archery and Guns, LLC's Goods to meet its warranty specified herein shall be these remedies stated herein and no others, there remedies being exclusive remedies as a condition of sales.
Products sold by Pookie's Archery and Guns, LLC and manufactured by a third party vendor will be warranted in accordance with the terms of warranty specified by the vendor and only where where explicitly described on this website.
EXCEPT AS PROVIDED IN THIS PARAGRAPH, Pookie's Archery and Guns, LLC MAKES NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE
DAMAGE LIMITATION
Under no circumstances shall Pookie's Archery and Guns, LLC be liable for any lost profits or other incidental or consequential damages of any kind for any reason whatsoever with respect to its Goods, or the transaction by which it’s Goods are sold.
EXCUSE
In no event shall Pookie's Archery and Guns, LLC be liable to any loss or damages resulting from any delay or failure in shipment or other failure to perform with the respect to the Goods subject to this online sale where such delay, failure, loss or damage is the proximate result of any act of any governmental authority, revolution, riot, civil disorder or disturbance, act of enemies, delay or default in transportation, strike, dispute among materials or facilities from normal sources, fire flood, act of God, or any other cause not within the reasonable control of Pookie's Archery and Guns, LLC, whether of the class of causes enumerated or otherwise. Without limiting the generality of the foregoing, Pookie's Archery and Guns, LLC may, without causing a breach or incurring liability, allocate Goods, which are in short supply, irrespective of the reasons therefore, among customers in any manner which Pookie's Archery and Guns, LLC in its sole discretion deems advisable.
Governing LawThe transaction with respect to the Goods which are the subject of this online sale shall be governed by and interpreted and constructed in accordance with the laws of the State of Louisiana, and any action arising out of such transaction shall be brought exclusively in the State courts seated in Avoyelles Parish, Louisiana, or the Federal courts seated in Rapides Parish, Louisiana, and Buyers agreement to such exclusive jurisdiction and venue is a condition of sale.
ARBITRATION
Any controversy or claim arising out of or relating to this online sale, or the breach thereof, shall be settled by arbitration in the accordance with the rules, the obtaining of the American Arbitration Association and judgment upon the award rendered may be entered in the highest court of the Forum, Sate, or Federal, having jurisdiction.
RETURN POLICY
Merchandise purchased on-line more than 60 days from the purchase date may not be returned for credit. There will be a 25% restocking fee and the product must be in “stockable” condition. Returns require prior authorization by Pookie's Archery and Guns, LLC and will be conveyed to the customer via an RMA (Return Authorization) number. Approval for returns of units without a replacement order must have approval by the Sales Manager, who will contact the involved sales rep. Any product being returned by Pookie's Archery and Guns, LLC must be marked with the RMA number and sent freight prepaid.
Restrictions on your use of Our Goods
By using pookiesarchery.com, you acknowledge that pookiesarchery.com contains information, communications, photos, text, graphics, images and other material and services (individually and collectively, "Our Goods"), that is provided by Pookie's Archery and Guns, LLC or by Pookie's Archery and Guns, LLC's licensors. You agree and acknowledge that Our Goods is protected by copyrights, trademarks and other proprietary rights (collectively "Our Rights") even though you can access Our Goods through pookiesarchery.com. You also agree that Our Rights and the rights of Pookie's Archery and Guns, LLC's licensors are valid and protected in all media currently existing or that may be developed later. Except as specifically provided in these terms, your use of Our Goods shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. In addition to Pookie's Archery and Guns, LLC's and its licensors' rights in individual elements of Our Goods, you agree that Pookie's Archery and Guns, LLC owns a copyright in the selection, coordination, arrangement and enhancement of Our Goods. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of Our Goods.
Federal Firearms Law
Pookie's Archery and Guns, LLC will adhere to all applicable laws and policies regarding the sale and transfer of firearms as specified in the Federal Firearms Laws, Policies of the Department of Justice Bureau of Alcohol, Tobacco, and Firearms, and the State Fireams Laws of the State of Louisiana.
