CUSTOMER PURCHASE AGREEMENT
THIS CUSTOMER PURCHASE AGREEMENT ("Agreement") is an agreement between you and JC Paintball, LLC that states the terms and conditions under which you may use the Site and receive JC Paintball orders, which includes processing and delivery of product orders.
As used hereunder, “JC Paintball” refers jointly and severally to JC Paintball,LLC, a US corporation.
“You”, “your” and “Customer” refers to the user of the Site and purchaser of JC Paintball products. “B2B Customer” refers to a Customer that operates a business and/or purchases JC Paintball products for resale to end user purchasers. “B2C Customer” refers to a Customer that does not operate a business and/or purchases JC Paintball products for personal use.
Your use of JC Paintball ordering service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, please do not use the Site or order product from JC Paintball.
Placing Orders. Orders for JC Paintball products may be placed via phone, text, email, skype or the Site.
Order and Fulfilment Confirmation. Upon placing an order for JC Paintball products, JC Paintball will email an order confirmation that identifies the product you wish to purchase from JC Paintball. Upon fulfilment, JC Paintball will forward you an fulfilment confirmation that identifies the available product to ship along with the corresponding invoice(s)/cash sale form(s) and shipping and related tracking details for each order.
Purchase Order and Other Terms and Conditions. The invoice/cash sale form delivered with the fulfilment confirmation and the terms and conditions under this Agreement are the full and complete statement of agreement for your use of the Site, JC Paintball ordering services and purchase of JC Paintball products and supersedes any previous or contemporaneous agreements, understandings or communications, whether written or oral, relating to the subject matter. No purchase order or other document or communications issued by a Customer, including B2B Customers, even if the purchase order or other document provides that it takes precedence or requires express acknowledgment, will be effective to contradict, modify, delete from or add to the terms and conditions contained herein and the invoice/cash sale form related to an order. Any express written acknowledgment of a purchase order or other order document required by a Customer will be solely for the purpose of acknowledging its receipt for processing the order.
Minimum Order Quantities. Please contact JC Paintball for minimum order quantities which vary by geographical region.
Process Time. Orders are filled in the order they are received and orders requiring pre-payment will not ship until payment has been received by JC Paintball. We strive to process all orders within three business day from receipt (Monday through Friday, excluding holidays).
Cancellation and Order Change Policy. All sales are final. Once an order has been shipped, no cancellations are possible. Similarly, if you wish to add to your order after it has shipped, such additions shall be treated as a second order incurring additional shipping charges.
Returns for product purchased directly from JC Paintball. Unless you are a B2C Customer and the governing law provides you with the right to return product and receive a refund, please note, JC Paintball does not offer returns or exchanges. Any product subject to return must be in re-saleable condition, in its original carton, including all packaging materials and accessories.
Returns and exchanges for product purchased directly from a B2B Customer. If you purchased JC Paintball product from a B2B Customer, please contact the B2B Customer directly for their return and exchange policy.
Product Availability. Customer orders or that portion of an order as may be available will be shipped from a single facility. If JC Paintball is unable to ship all of an order from a single facility, JC Paintball will either ship that portion of an order available from the single JC Paintball distribution facility or ship as much of the order as is available from multiple JC Paintball distribution facilities as may be approved in connection with each order or upon establishing your account with JC Paintball. Invoices/cash sale forms will correspond to each shipment, and multiple invoices/cash sale forms will be issued if an order is to be filled by more than one shipment. JC Paintball has no liability for any product that is discontinued, unavailable or out of stock.
Product Warranty. All defective product is subject to the Return, Repair and Replacement Policy and Procedures at . Third-party product sold by JC Paintball shall be subject to the third-party manufacturer’s warranty terms and conditions made available with the product or otherwise published by the manufacturer. With respect to JC Paintball branded products, JC Paintball provides various warranty periods depending upon the product type, and unless a different warranty period is provided in connection with a specific product set forth at: , JC Paintball warrants JC Paintball branded products shall be free from defects in materials or workmanship as follows:
JC Paintball Branded Product Warranty Period from Ship Date
Soft Goods and Clothing 30 days
Markers 90 days
Airsoft guns 90 days
Airguns 90 days
Marker Parts and Accessories 30 days
Airsoft Parts and Accessories 30 days
Air Systems 60 days
Optics 60 days
Paintballs, Airsoft and Airgun Ammo 7 days
Consumable items (Green Gas, Disposable CO2, etc) 7 days
Batteries 30 days
Electronic Items 30 days
Airsoft Eye Protection 60 days
Paintball Goggles & Lenses 60 days
During the warranty periods set forth above, JC Paintball will repair or replace applicable defective products, at JC Paintball’s option, without charge to you, subject to the Return, Repair and Replacement Policy and Procedures .
Warranty-related Shipping. (i) Shipping fees incurred by B2B Customers in connection with returns or repairs for under-warranty service will be paid by you. (ii) Shipping fees incurred by B2C Customers in connection with returns or repairs for under-warranty service will be paid by JC Paintball.
Warranty Conditions. The above Product Warranty extends only to the original end user purchaser, and is subject to the warranty disclaimers and the limitation of liability provisions set forth under the WARRANTY DISCLAIMER and LIMITATION OF LIABILITY sections below and the Product Warranty covers only normal use of the products. JC Paintball shall not be liable under the foregoing Product Warranty if any damage or defect results from: (a) misuse, abuse, neglect or improper shipping; (b) disasters, such as fire or flood; (c) service or alteration by anyone other than an authorized JC Paintball repair agent; or (d) damages incurred through irresponsible use or other non-recommended practices.
Repackaging and Rebranding. “Repackaging” or “rebranding” of JC Paintball products is not allowed. All products must be sold in the original packaging. Alteration or removal of exterior packaging, interior packaging, or documentation is also not allowed.
Shipping. Unless otherwise requested, all orders will be shipped using freight carriers selected by JC Paintball. Requests for air, or special truck handling may be arranged in advance. Requests for RUSH or overnight orders will be honored whenever possible. Additional costs, resulting from requested special handling or order processing are the responsibility of the Customer. JC Paintball does not guarantee same day shipping, or the performance of any contracted freight carrier.
Freight Terms. All shipping charges are the responsibility of the Customer and all prices for products are exclusive of shipping charges. All products are sold F.O.B. JC Paintball.
Risk of Loss. All orders are made pursuant to a shipment contract meaning that the risk of loss and title for such orders pass to you upon JC Paintball’s delivery of the order to a shipment carrier. We encourage you to use the tracking information supplied in connection with the fulfilment confirmation and the JC Paintball Site to track and retrieve shipments promptly.
Payment Terms. B2C Customer orders require pre-payment. B2B Customer orders either require pre-payment. ANY OTHER PAYMENT TERMS FOR A B2B CUSTOMER SHALL BE SUBJECT TO THE INVOICE/CASH SALE FORM AND THE UNCONDITIONAL PERSONAL GUARANTEE OF THE PARTY ACCESSING THE SITE AND/OR PLACING THE ORDER FOR PRODUCT ON BEHALF OF THE B2B CUSTOMER.
Taxes. Any taxes applicable to the products furnished hereunder are not included in the price specified and shall be paid by Customer when due.
Payment Means. The preferred means of payment is via ACH (automated clearing house), BACS (bankers’ automated clearing services), Faster Payments and International Payments Service, although JC Paintball will also accept payment via credit card, paypal, check and wire transfer. Subject to applicable law, JC Paintball reserves the right to charge you all fees and costs realized by JC Paintball to process paypal, credit card, or wire transfer transactions.
Unpaid Balance. Any unpaid balance shall be subject to a service charge of 1.25% per month, or the maximum permitted by applicable law, whichever is less.
NSF/Returned Checks. A Service charge of $40.00 USD (or foreign currency equivalent) will be charged on any returned checks. If two checks are returned for any reason, the account will be placed on prepay or cash only basis.
Costs of Collection. If a B2B Customer fails to pay any amount when due, the B2B Customer will reimburse JC Paintball on demand for the full amount of any costs or expenses including, without limitation, solicitor’s or attorney’s fees and disbursements, incurred by JC Paintball in the collection of such overdue amounts whether resulting from litigation or otherwise.
OTHER TERMS& CONDITIONS
Electronic Communications. By providing your email to JC Paintball you consent to receive communications from us electronically. JC Paintball may send occasional emails about changes to its Site, ordering service or special product offers. If you would like to opt-out of receiving such emails, please send us an email stating that you do not wish to receive promotional communications. If you do opt-out, you will continue to receive non-promotional communications regarding the status of your orders or your account.
License and Proprietary Rights, Copyright and Ownership. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, JC Paintball. JC Paintball consents that you may view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with JC Paintball. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of JC Paintball, is strictly prohibited. You acknowledge that JC Paintball and/or third-party providers remain the owners of such material and that you do not acquire any ownership or other rights by downloading copyrighted material. JC Paintball reserves the right to revoke the foregoing consent at any time, and your use shall be discontinued immediately upon written notice from JC Paintball.
Site Access. You will provide all hardware, equipment and services and be responsible for all telephone, internet and other charges necessary to access JC Paintball and the Site. You agree to comply with all laws applicable to your activities on the JC Paintball Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and/or have the power and authority to enter into this Agreement and perform your obligations hereunder. You also acknowledge that from time to time JC Paintball or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which JC Paintball may undertake from time to time; or (iii) causes beyond the control of JC Paintball or which are not reasonably foreseeable by JC Paintball.
User Name and Password. Access to your account through the Site is accomplished through the use of a user name and a password that will be issued to you upon registration. You may not provide your password to any other individual (if you are a B2C Customer) or to any other individual party outside of your organization (if you are a B2B Customer). You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred in connection with the use of your password. You agree to notify JC Paintball promptly of any unauthorized use of your password and you will remain liable to the greatest extent permitted by law for any use of the Site or JC Paintball ordering services until you notify JC Paintball of the unauthorized use of your password.
Your Account. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access JC Paintball. You agree and accept responsibility for keeping all your account information current, including billing and shipping address(es), payment information, telephone number, and email address(es). You can update your account information by contacting us. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to JC Paintball, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement.
Acceptable Use Policy. To the greatest extent permitted by law, you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of JC Paintball ordering services and the JC Paintball Site to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any third-party; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other JC Paintball accounts or any other JC Paintball computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by JC Paintball to be in conflict with the spirit or intent of this Agreement.
WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE, EXCEPT AS OTHERWISE PROVIDED HEREUNDER, THAT YOUR USE OF JC PAINTBALL ORDERING SERVICES, THE SITE AND ANY PRODUCTS ORDERED HEREUNDER IS ENTIRELY AT YOUR OWN RISK, AND THE JC PAINTBALL ORDERING SERVICES, THE SITE, AND ANY PRODUCTS ORDERED HEREUNDER ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, JC PAINTBALL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO JC PAINTBALL ORDERING SERVICES, THE SITE AND ANY PRODUCTS ORDERED HEREUNDER. JC PAINTBALL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR JC PAINTBALL ORDERING SERVICES. JC PAINTBALL DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. NEITHER JC PAINTBALL NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, SUPPLIERS OR LICENSORS (COLLECTIVELY, " JC PAINTBALL PARTIES") SHALL BE LIABLE FOR COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, JC PAINTBALL ORDERING SERVICE, OR ANY PRODUCTS ORDERED HEREUNDER. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO PROVIDING YOU WITH A REPAIR OR REPLACEMENT, AT JC PAINTBALL‘S OPTION, FOR ANY PRODUCT THAT IS RETURNED AND YOUR RIGHT TO DISCONTINUE YOUR USE OF JC PAINTBALL ORDERING SERVICE AND TERMINATE THIS AGREEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Lawful Purposes. The material in the Site is provided for lawful purposes only. JC Paintball controls and operates this Site and uses it for its operations in the state of Florida, USA. JC Paintball makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.
Indemnification. You agree to defend, indemnify, and hold JC Paintball harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's costs and costs, arising in connection with a violation of this Agreement by you or through use of your account.
Termination. This Agreement is effective upon your acceptance of this Agreement in connection with registering or updating your account and/or upon your acceptance of any order under invoice/cash sale form from JC Paintball and this Agreement shall continue in full force and effect until terminated. JC Paintball may suspend or terminate this Agreement or disable access to any portion of the Site at any time for any reason with or without notice to you. You may terminate this Agreement and your account at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Any order placed by you hereunder prior to such termination will remain subject to the terms and conditions of this Agreement.
Notices. JC Paintball may give notice to you of a change in this Agreement, a change in product availability, product prices, and any other matter through a general posting on the Site, by electronic mail, or by conventional mail to your address. You may give notice to JC Paintball by electronic e-mail: .
Entire Agreement. This Agreement and every invoice/cash sale form delivered in connection with a fulfilment confirmation represents your entire agreement with JC Paintball regarding the use of JC Paintball ordering services, use of the Site and any products ordered hereunder. You agree that this Agreement is not intended to confer and does not confer any rights, remedies, liabilities and/or obligations upon any person other than you or any related entity under common control of Customer accessing the Site and/or placing the order. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Governing Law and Dispute Resolution. For B2C Customers, this Agreement will be governed by the laws of the jurisdiction in which the B2C Customer purchased the product for use from JC Paintball. For B2B Customers, this Agreement will be governed by and construed in accordance with the substantive laws in force in: (i) the State of Florida, if an order is to be delivered in the United States, or Canada; (ii) Colombia, if an order it to be delivered in Colombia; Any controversy or claim arising out of or relating to this Agreement or the alleged breach thereof or products ordered hereunder shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The arbitration will be heard by three (3) arbitrators if the amount in controversy exceeds $100,000 USD or by one (1) arbitrator if the amount in controversy is less than $100,000 USD (or the foreign currency equivalent). The place of arbitration shall be: (a) Boca Raton, Florida, USA, if the laws of the State of Florida are applicable; (b) Bogota, Colombia, if the laws of Colombia are applicable; The language of the arbitration shall be English and the party losing the arbitration shall be responsible to pay the other party for all reasonable arbitration costs and expenses realized by the prevailing party in bringing or defending the arbitration. The arbitrators shall render a decision within forty-five (45) days of the first meeting with the parties. Insofar as the parties legally may do so, they agree to be bound by the decision of the arbitrator. Notwithstanding any dispute under this Agreement, whether before or during arbitration, you agree to make all payments as required by this Agreement for any and all undisputed monies as may be due. This Agreement will not be governed by the following, the application of which is hereby expressly excluded: (y) the conflict of law rules of any jurisdiction, and (z) the United Nations Convention on Contracts for the International Sale of Goods.
Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of JC Paintball Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your account with JC Paintball.
Amendment. JC Paintball may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective seven (7) days after they are initially posted on the Site. By using this Site and the JC Paintball ordering services after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Agreement to which you are bound. This Agreement was last revised on June 22, 2017.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.