This website (“Site”) is owned and operated by BluCore Shooting Center-Denver, LLC (“BluCore”). This Purchase Agreement (“Agreement”) contains the terms, covenants, conditions, and provisions upon which you (also referred to herein as “User”) may purchase any Goods (defined below) on the Site.
This Agreement is made between User, as defined by User’s user registration identity and information, and BluCore, a Delaware limited liability company located at 7860 West Jewell Ave, Lakewood, CO 80232, each a “Party” and collectively the “Parties”.
BluCore sells via the Site certain goods, including, but not limited to, firearms, firearm accessories, equipment, and ammunition (“Goods”). User desires to purchase the Goods described in User’s purchase order appearing on the Site and Seller desires to sell such Goods on the conditions and terms described below.
The Parties agree as follows:
Website User Warranties. User agrees that all representations User has made to BluCore are true and correct.
Goods Identified in the Contract. User agrees to buy from BluCore the Goods listed in User’s shopping cart attached to User’s account, upon User clicking “Place Order”at the bottom of our one page checkout. Once User has clicked the “Place Order” button, the sale shall be final, subject to the terms and conditions of this Agreement. The time and date of such click will be the “Purchase Date”.
Payment. User must pay for the Goods the total due as described in User’s shopping cart, including any and all applicable taxes, shipping, and handling, whether or not such taxes, shipping, or handling are described in User’s shopping cart (the “Payment Amount”). User will pay by Credit Card. BluCore accepts Visa, MasterCard, and Discover. All transactions are authorized for the full amount at the time the order is placed. Failure by User to pay for the Goods entitles BluCore to void User’s purchase of Goods.
Payment Default. In addition to BluCore’s other rights and remedies at law or equity, or described in the General Default Section and elsewhere in this Agreement, failure of the Payment Amount, for any reason, will entitle BluCore, at BluCore’s option and without any notice to User, to void User’s transaction, cancel shipment of User’s Goods, and hold the remainder of this Agreement in force as if BluCore had shipped User the Goods to User’s total satisfaction without User’s right of return, claim or refund, and User shall have no further rights under this Agreement. BluCore may freely thereafter sell the Goods to any third party without notice or obligation to User, and BluCore may keep any and all partial payments or consideration paid by User for the Goods. User will not be entitled to any credit towards any future purchases relating to any amounts forfeited. BluCore shall also have the right to receive, and User have the obligation to pay, any costs, fees, charges, or expenses of BluCore relating to User’s failure of payment, including without limit the restocking fee below.
15% Restocking Fee. In the event User is in default under this Agreement, BluCore may void any attempted purchase of Goods, and User agrees to pay a “Restocking Fee” equal to 15% of the Payment Amount, separate and above any Payment Amount User has already paid to BluCore. (1) Ammunition and (2) the following firearm accessories: (i) air guns, (ii) primer, and (iii) powder, will not be accepted for returns.
Shipping Procedure. All firearms will be shipped to the Federal Firearms Licensed dealer (“FFL Dealer”) User has selected. The FFL Dealer will, pursuant to its policies and procedures, register and transfer the Goods to User. FFL Dealers typically charge a transfer fee, and User agrees to pay such fee in full whether or not User passes a background check. In the event such FFL Dealer is no longer in business or unable or unwilling to accept such shipment, BluCore will select an alternate FFL Dealer and notify User of the change of FFL Dealer. If User chooses to not accept the new FFL Dealer for the Goods transfer, it is User’s responsibility to find a FFL Dealer of User’s choice and notify BluCore of the change before BluCore ships User’s order. Once an order is shipped to an FFL Dealer, the FFL Dealer cannot be changed by User. Outside of shipping of Goods, BluCore has no affiliation and makes no representations and disclaims all warranties with respect to any FFL Dealer.
Pickup of Goods at FFL DEALER. User is responsible for picking up any Goods shipped to a FFL Dealer. User will be required to meet all rules, regulations, restrictions and ordinances in effect in User’s and the FFL Dealer’s jurisdiction. User must discuss any laws or regulations with User’s FFL Dealer, or with User’s attorney.
FAILURE OF BACKGROUND CHECK. If User fails the background check, BluCore will void User’s order for Goods and charge User a Restocking Fee pursuant to Section 5.
BACKGROUND CHECK RISK. USER UNDERSTANDS AND AGREES THAT USER BEARS AND ASSUMES ALL RISKS RELATING TO PASSING OR FAILING ALL FEDERAL, STATE, AND MUNICIPAL BACKGROUND CHECKS, AND OTHERWISE COMPLYING WITH ANY AND ALL LAWS, STATUTES, ORDINANCES, RULES AND REGULATIONS PERTAINING DIRECTLY OR INDIRECTLY TO THE RIGHTS TO BEAR ARMS AND TAKING POSSESSION OF THE GOODS SUBJECT TO THIS AGREEMENT.
Shipping. No Goods will be shipped outside of the United States. No Goods will be shipped to areas restricted by law.
Legal Prohibitions and Compliance. Many states prohibit or heavily regulate the purchase and shipment of firearms, ammunition and ordinance by the general public. User is responsible for determining the legality of User’s use of BluCore’s site and purchase of BluCore’s Goods prior to undertaking any purchase or entering into this Agreement.
General Default by User. In the event User is in default under any term or condition of this Agreement, in addition to remedies at law, equity or elsewhere described in this Agreement, BluCore may block User from the Site. BluCore also report such default to any third party with legitimate reason to know of such default. BluCore reserves the right, in its sole discretion, to cancel any order for any reason, whether or not User is or is not in Default, subject to refund to User of any amounts User has paid to BluCore relating to such cancelled order.
BLUCORE’S DISCLAIMERS OF WARRANTY. THE REPORTS ARE PROVIDED “AS IS,” AND TO THE FULLEST EXTENT PERMITTED BY LAW, BLUCORE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE, OR OTHERWISE), IN RELATION TO THE GOODS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF SUCH PURPOSE IS KNOWN.
EXCULPATORY CLAUSE / ASSUMPTION OF RISK / RELEASE OF LIABILITY. AS PART OF THE LAWFUL CONSIDERATION FOR THIS AGREEMENT AND PURCHASING THE GOODS IDENTIFIED IN USER’S SHOPPING CART, USER DOES HEREBY RELEASE BLUCORE FROM ANY LEGAL LIABILITY, AGREES NOT TO SUE, CLAIM AGAINST, AND FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS BLUCORE, AND ALL OF ITS OWNERS, OFFICERS, MEMBERS, ORGANIZATIONS, AFFILIATES, AGENTS, ASSIGNS AND EMPLOYEES FOR CLAIMS RELATING TO, ANY ACCIDENTAL, UNINTENTIONAL, EMOTIONAL OR NEGLIGENT INJURY TO USER, USER’S FAMILY, ASSOCIATES, GUESTS, INVITEES AND COHABITANTS, INCLUDING WITHOUT LIMIT INJURY OR DEATH TO USER OR SUCH THIRD PARTIES. THIS RELEASE SHALL INCLUDE WITHOUT LIMITATION CLAIMS FOR NEGLIGENCE, INCLUDING NEGLIGENCE PER SE. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS RELEASE OF LIABILITY FOR BLUCORE’S WILLFUL AND WANTON RECKLESSNESS OR INTENTIONAL HARM. THE NATURE OF THE GOODS AND ALL OTHER HAZARDS AND EXPOSURES CONNECTED WITH BEING AN OWNER AND USER OF FIREARMS AND AMMUNITION INVOLVES RISK AND USER IS COGNIZANT OF THE RISKS AND DANGERS, INCLUDING WITHOUT LIMIT PERSONAL INJURY AND EVEN DEATH, TO USER, USER’S FAMILY, ASSOCIATES, GUESTS, INVITEES, COHABITANTS AND THIRD PARTIES, AND THAT USER IS FULLY CAPABLE OF SAFELY OWNING AND USING FIREARMS AND AMMUNITION, AND WILLINGLY ASSUMES ANY RISK OF SUCH INJURY OR DEATH AS USER’S RESPONSIBILITY. USER AGREES THAT THIS EXCULPATORY CLAUSE IS VALID, THAT IT DOES NOT VIOLATE ANY DUTY TO THE PUBLIC; THAT THE NATURE OF THE GOODS TO BE RECEIVED HAS BEEN CLEARLY EXPRESSED; THAT THIS AGREEMENT WAS FAIRLY ENTERED INTO; AND THAT THE EXCULPATORY INTENTIONS OF THE PARTIES ARE EXPRESSED CLEARLY AND UNAMBIGUOUSLY.
INDEMNIFICATION AGAINST THIRD PARTY CLAIMS. USER AGREES TO INDEMNIFY, DEFEND, AND HOLD BLUCORE AND ITS OWNERS, AGENTS, ATTORNEYS, SUCCESSORS, AND ASSIGNS, HARMLESS FOR AND AGAINST, ANY THIRD PARTY CLAIMS RELATING DIRECTLY OR INDIRECTLY TO THE GOODS, PICKUP, OR THIS AGREEMENT, INCLUDING WITHOUT LIMIT CLAIMS OF PRODUCTS LIABILITY, QUALITY, NEGLIGENCE, OR FAILURE BY USER TO BE LEGALLY ENTITLED TO TAKE POSSESSION OF THE GOODS, AND INCLUDING WITHOUT LIMIT ANY CLAIMS AGAINST BLUCORE BY ANY CONSTITUTED GOVERNMENT AUTHORITY OR NON-GOVERNMENTAL-ORGANIZATION, SO LONG AS SUCH ARE NOT THE PREPONDERANT FAULT OF BLUCORE. USER SHALL ALSO WAIVE ANY CLAIM AGAINST BLUCORE RELATING TO ACTIONS OR INACTIONS OF ANY AGENT OR FFL DEALER PURSUANT TO WORK DONE BY SUCH PARTY WITH RESPECT TO CONDUCT OF BACKGROUND CHECKS AND PICKUP AND DELIVERY OF GOODS. USER’S SOLE REMEDY AGAINST SUCH AGENTS AND FFL DEALERS SHALL BE AGAINST THEM DIRECTLY, LIMITED TO AN AMOUNT NOT TO EXCEED $200, AND USER AGREES TO WAIVE ANY AND ALL CLAIMS UNDER RESPONDEAT SUPERIOR OR ANY OTHER THEORY OF LAW OR EQUITY AGAINST BLUCORE FOR THE ACTS AND/OR OMISSIONS OF SUCH THIRD PARTIES, AGENTS, OR INDEPENDENT CONTRACTORS.
LIMITATION OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IF USER BRINGS ANY ACTION CONCERNING THIS AGREEMENT AT LAW OR EQUITY AGAINST BLUCORE, OR ANY OF ITS OWNERS, OFFICERS, MEMBERS, ORGANIZATIONS, AFFILIATES, AGENTS, ASSIGNS OR EMPLOYEES, NO SUCH CAUSE OF ACTION SHALL INCLUDE A CLAIM, NOR MAY RECOVERY BE HAD, FOR ANY NEGLIGENCE, OR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF LIFE, HEALTH, USE, LOSS OF TIME, LOSS OF PROFITS OR INCOME, BY USER, OR ANY THIRD PARTY, EVEN IF BLUCORE, ITS OWNERS, OFFICERS, MEMBERS, ORGANIZATIONS, AFFILIATES, AGENTS, ASSIGNS OR EMPLOYEES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BLUCORE’S TOTAL LIABILITY FOR DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE TOTAL AMOUNTS PAID BY USER UNDER THIS AGREEMENT. NOTHING IN THIS SECTION SHALL OPERATE TO LIMIT THE AMOUNT OR THEORY OF DAMAGES WHICH ARE AVAILABLE TO BLUCORE IN CONNECTION WITH THIS AGREEMENT OR ANY CLAIM ARISING THEREFROM, INCLUDING BLUCORE’S POSSIBLE COUNTERCLAIMS IN SUITS CONCERNING THIS AGREEMENT.
Personal Guaranty. The natural person executing or entering this Agreement on behalf of User, in the event User is a company, LLC or corporation, or other non-natural person, agrees to be personally liable for any and all obligations and sums due to BluCore under this Agreement, as if he or she were User, and that all warranties and representations attributable to the User in this Agreement are satisfied in every way by you the natural person and by all natural persons involved with the User entity.
User Warranties. User promises, warrants and swears as follows, knowing that BluCore and others will rely upon such promises:
License. User promises that it has any and all licenses, certifications, registrations, qualifications, tests, visas, status documents, approvals, bonds, or other legal or regulatory requirements (“Licenses and Certifications”) necessary or required for entering into this Agreement, purchasing, and taking possession of the Goods.
California Resident Users. In order to properly process User transactions BluCore will need a valid FFL Dealer number as well as a 5-digit CFLC (California Firearms Licensee Check) number. User can call one of User’s local FFL Dealers if User has any questions about FFL Dealer or CFLC numbers. Please have this information available at the time of purchase in order to expedite the process. User warrants hereby that User has such FFL Dealer and CFLC numbers. Other states may have other requirements and restrictions. Consult User’s attorney and FFL Dealer.
Other California Information. Note – User is aware that most AR15 rifles and other “assault” type rifles are NOT legal for civilians in California. Firearms that are legal for sale in California are indicated as such on the Site. In case of error, User’s payment will be refunded and User’s transaction will be cancelled.
Age. User affirms that User is 18 years of age or older. BluCore does not sell firearms to persons under the age of 21. BluCore does not sell ammunition to persons under the age of 18. If User is under the age of 18, User may not use the Site or order any Goods through BluCore; rather User must have User’s parent or legal guardian do so for User.
Assignment. User may not assign its rights or obligations under this Agreement. BluCore may assign its rights and obligations hereunder at any time and in its sole discretion.
Validity. If any term, covenant, or condition of this Agreement or the application thereof to any person, entity, or circumstance is held invalid or unenforceable to any extent by a final decision of a court of competent jurisdiction, after all appeal rights have expired or have been exhausted or waived, that term, covenant, or condition will be deemed amended to the extent required by such decision. The remainder of this Agreement and the application of the challenged term, covenant, or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable will not be affected and will be valid and enforceable to the fullest extent permitted by law.
Disclaimer of Agency, Affirmation of Independence. The Parties agree and acknowledge that the relationship of the Parties is independent. This Agreement will not be deemed to create a partnership or joint venture and neither Party is the other’s agent, partner, employee, or representative. Neither Party hereto has the right to obligate or bind the other Party in any manner whatsoever, and nothing herein contained gives, or is intended to give, any rights of any kind to any third persons.
Attorney’s Fees. In the event that a dispute arises either directly or indirectly out of this Agreement, then and in the event that arbitration, suit or action is instituted to enforce or interpret the terms of this Agreement, the prevailing party in such arbitration, suit, or action, or on the appeal of such arbitration, suit, or action, will be entitled to an award of its reasonable attorneys’ fees as set by the arbitrator or court before which the matter is heard or appealed, and their costs, including reasonable attorneys’ fees and costs in collection of any judgment.
Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the Parties hereto and their respective successors, permitted assigns, executors, administrators, and nominees.
Force Majeure. Except for the obligation to pay money, neither party will be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted, or prevented by reason of any act of nature, fire, natural disaster, war, terrorism, act of government, labor action or strike, unavailability of materials, labor, utilities (including Internet) or supplies or any other thing beyond the control of such party, provided, that, the party so affected has promptly notified the other party thereof and uses its commercially reasonable efforts to avoid or remove the causes of nonperformance and continues performance hereunder reasonably promptly after those causes are removed.
Survival. Paragraphs 1, 3, 4, 5, 9, and 11 through 28 inclusive, shall survive the termination or completion of this Agreement and remain in full force, as shall all terms of this Agreement which expressly or impliedly so survive.
Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original (including facsimile copies) but all of which together will constitute one and the same Agreement. This Agreement will be enforceable only when User has executed it or a counterpart of it. Delivery of an executed counterpart hereof by facsimile will be as effective as delivery of a manually executed counterpart. The Parties agree that, notwithstanding the use herein of the word “writing,” “execution,” signed,” “signature,” or other words of similar import, the Parties intend that the use of electronic signatures, such as the clicking or marking of a box, and the keeping of records in electronic form be granted the same legal effect, validity or enforceability as a signature affixed by hand or the use of a paper-based record keeping system (as the case might be) to the extent and as provided for in any applicable law including the Federal Electronic Signatures in Global and National Commerce Act, or any other similar state laws based thereupon.