Terms and Conditions

APEX Firearms and Defence [ApexFD] Terms and Conditions

Introduction

This website [Store] is operated by Military and Law Enforcement Equipment Pty Ltd, trading as Apex Firearms and Defence [ApexFD]. Throughout the site, the terms "we," "us," and "our" refer to Apex Firearms and Defence. By using this website, including all the tools, information, and services available, you, the user, agree to comply with and be bound by the terms, conditions, policies, and notices provided.

When you visit our site and/or make a purchase, you engage with our "Service" and accept the following terms and conditions ("Terms of Service" or "Terms"). These Terms govern all users of the site, including but not limited to visitors, vendors, customers, merchants, and content contributors.

Please review these Terms of Service carefully before accessing or using our site. By accessing or using any part of the site, you agree to adhere to these Terms. If you do not agree with these terms, you are prohibited from accessing the website or utilizing any services offered. If these Terms of Service are considered an offer, your acceptance is limited solely to these Terms.

Any new features, tools, or services added to the site will be governed by these Terms of Service as well. You may review the latest version of the Terms of Service at any time on this page. We reserve the right to amend, update, or replace any part of these Terms by posting modifications to our website. It is your responsibility to regularly check this page for any changes. Continuing to use or access the website after updates are posted constitutes your acceptance of those changes.

 

Online Store Terms

By accepting these Terms of Service, you confirm that you are of legal age in your state or province of residence, or that you are the legal age and have granted permission for any minor dependents under your care to use this site.

To place an order, you must be at least 18 years old. Some regions may have stricter regulations, and it is your responsibility to be aware of and comply with those laws. By placing an order, you acknowledge that you have read these terms and accept full legal responsibility for owning the item you have ordered in the location where it will be delivered.

Our products must not be used for any unlawful or unauthorized activities, and you agree not to violate any local, state, or national laws (including but not limited to copyright laws) while using our services.

You are prohibited from transmitting any harmful code, such as viruses or worms, or engaging in any activity that could damage or disrupt the website. Any violation of these Terms will result in the immediate suspension of your access to our services.

 

General Conditions

We retain the right to deny service to anyone, for any reason, at any time.

You agree not to reproduce, replicate, duplicate, sell, resell, or otherwise exploit any part of the Service, its usage, access, or any communication on the website, unless you have obtained prior written consent from us. The headings in this agreement are intended solely for convenience and shall not limit or alter the meaning or enforcement of these Terms.

 

Accuracy, Completeness and Timeliness of Information

We do not guarantee that the information provided on this website is always accurate, complete, or up-to-date. The content here is intended for general informational purposes and should not be used as the sole basis for making decisions. It is recommended that you consult primary, more reliable, and up-to-date sources before making any decisions. Any reliance on the content on this site is at your own risk.

This site may include historical data, which is not current and is only for reference purposes. While we reserve the right to update or modify the content at any time, we are under no obligation to update any information on the site. You are responsible for regularly checking for any changes to the site.

 

Modifications To the Service and Prices

Product prices are subject to change at any time without prior notice. We also reserve the right to modify or discontinue the Service, or any part of it, at our discretion and without notice. We will not be held responsible for any changes to pricing, modifications, suspensions, or discontinuations of the Service, whether to you or any third party.

 

Products or Services

Some products or services may only be available for purchase online through our website. These items may have limited stock and can only be returned or exchanged according to our Return Policy.

While we strive to present the most accurate colours and images of our products, we cannot guarantee that the display on your monitor will reflect the exact colour of the items.

We reserve the right, but are not obligated, to restrict the sale of products or services to certain individuals, locations, or jurisdictions. This decision may be made on a case-by-case basis. Additionally, we can limit the quantities of products or services available for sale at any time. Product descriptions and pricing are subject to change at our discretion without notice, and we may discontinue any product at any time. Any offer for products or services is void where prohibited.

We do not guarantee that any products, services, or information you purchase will meet your expectations, nor can we ensure that any errors in the service will be corrected.

 

Accuracy of Billing and Account Information

We have the right to refuse any order placed with us. At our discretion, we may impose limits on or cancel the quantity of items purchased per individual, household, or order. These limitations may apply to orders placed under the same customer account, credit card, or using identical billing and/or shipping addresses. If we make changes to or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided during the order process. We also reserve the right to restrict or refuse orders that we believe, at our discretion, may be made by dealers, resellers, or distributors.

You agree to provide accurate, current, and complete information for all purchases made through our store. Additionally, you agree to promptly update your account details, including your email address and credit card information, so that we can process your orders and contact you when necessary.

 

Optional Tools

We may give you access to third-party tools that we do not monitor or control in any way.

You understand and agree that we offer access to these tools "as is" and "as available," without any warranties, guarantees, or conditions, and without endorsing them in any manner. We will not be held liable for any issues that arise from your use of these optional third-party tools.

Any use of the optional tools available through our site is entirely at your own risk and discretion. You should make sure that you are familiar with and agree to the terms set by the third-party provider(s) offering these tools.

Additionally, we may introduce new services, features, or tools on the website in the future, all of which will be governed by these Terms of Service.

Third-Party Links

Some of the content, products, and services provided through our Service may include materials from third parties.

Links to third-party websites on our site may take you to external sites that are not under our control or affiliation. We do not assess or verify the content or accuracy of these sites, and we disclaim any liability or responsibility for the materials, products, or services provided by third parties.

We are not responsible for any damages or losses arising from the purchase or use of goods, services, or other transactions involving third-party websites. We recommend that you carefully review the policies and practices of these third-party sites and ensure that you understand them before proceeding with any transactions. Any issues or concerns related to third-party products should be addressed directly with the third party.

 

User Comments, feedback and Other Submissions

If you submit specific materials to us upon request (such as contest entries) or voluntarily send us creative ideas, suggestions, proposals, plans, or any other content—whether online, by email, by mail, or otherwise (collectively referred to as "submissions")—you agree that we have the right, at our discretion, to edit, copy, publish, distribute, translate, or use such submissions in any format, without limitation, at any time. You acknowledge that we are under no obligation to: (1) keep any submissions confidential; (2) offer compensation for any submissions; or (3) respond to any submissions.

While we may, at our discretion, choose to monitor, edit, or remove content that we find to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or content that violates any intellectual property rights or these Terms of Service, we are not obligated to do so.

You agree that your submissions will not infringe on the rights of any third party, including copyright, trademark, privacy, personality, or any other proprietary rights. Additionally, your submissions will not contain defamatory, illegal, offensive, abusive, obscene content, or any viruses or malware that could harm the Service or any related websites. You also agree not to use a false email address, impersonate someone else, or mislead us or any third parties regarding the origin of your submissions. You are fully responsible for the content and accuracy of your submissions, and we disclaim any responsibility or liability for any comments made by you or third parties.

 

Errors, Inaccuracies and Omissions

From time to time, the information presented on our site or through the Service may include typographical errors, inaccuracies, or omissions that could affect product descriptions, pricing, promotions, offers, shipping charges, delivery times, and availability. We reserve the right to correct these mistakes, update or change information, and cancel orders if we discover any inaccuracies, without prior notice (even after your order has been placed).

We are not obligated to update, modify, or clarify any information on the Service or related websites, including pricing details, unless required by law. The absence of an update or refresh date does not imply that all information on the Service or related websites has been reviewed or revised.

 

Prohibited Uses

In addition to other restrictions outlined in these Terms of Service, you are prohibited from using the site or its content for the following purposes: (a) engaging in illegal activities; (b) encouraging others to partake in unlawful actions; (c) violating any local, state, federal, or international laws or regulations; (d) infringing on our intellectual property rights or those of others; (e) engaging in harassment, abuse, defamation, slander, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) providing false or misleading information; (g) uploading or transmitting viruses or malicious code that could harm or interfere with the functionality of the Service, related websites, or the broader internet; (h) collecting or tracking others’ personal information; (i) engaging in spamming, phishing, or other similar activities; (j) using the site for immoral or obscene purposes; or (k) attempting to breach or circumvent security measures of the Service or related websites, other websites, or the internet. We reserve the right to suspend or terminate your access to the Service or any related website if any of these prohibited activities are detected.

 

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or promise that your use of our service will be uninterrupted, timely, secure, or free from errors.

We do not guarantee that any results obtained through the use of our service will be accurate or reliable.

You acknowledge that, at our discretion, we may remove or suspend access to the service for indefinite periods or terminate the service entirely without prior notice.

You expressly agree that your use of, or inability to use, the service is solely at your own risk. The service and all associated products and services are provided to you "as is" and "as available," with no warranties or representations, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.

Under no circumstances will Apex Firearms and Defence, its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to lost profits, revenue, data, savings, or replacement costs, regardless of the cause of action (whether contract, tort, negligence, strict liability, or otherwise), arising from your use of the service, products obtained via the service, or any related claims, including errors or omissions in content, or loss or damage related to the service or any content or products posted or transmitted through it, even if we were advised of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for incidental or consequential damages is not permitted, our liability will be limited to the maximum extent allowed by law.

While we take great care to ensure our products are suitable for their intended use, Apex Firearms and Defence will not be held responsible for any property damage or personal injury arising from the sale or use of these goods.

 

Warranty on New Products

New products sold are covered by the manufacturer's or importer's warranty, where applicable, as long as the product is used in accordance with the manufacturer's guidelines.

Shipping costs for returns will be the responsibility of the buyer, unless otherwise agreed.

Warranties will be void if the products are misused, used for purposes other than their intended function, or if repairs are attempted by unauthorized individuals.

In cases where we act as an agent facilitating the transfer of a firearm between parties, or when reselling a firearm purchased from an interstate firearm dealer by the permit holder, we assume no responsibility for the warranty, safe operation, or any other aspects related to the firearm’s performance or condition.

 

Antique, Military, Inoperable, Parts-Only Firearms Return Policy

1. No Returns:

• Antique Firearms, Military Firearms, Inoperable Firearms, and Parts-Only Firearms are sold as-is and cannot be returned under any circumstances. All sales are final.
• These items are often unique, collectible, and may be sold for parts, restoration, or historical value, and therefore are not eligible for return.

2. Condition and Descriptions:

• We make every effort to accurately describe the condition of the firearms and parts listed for sale. All descriptions, including but not limited to condition, historical details, and functionality, are based on our knowledge and expertise.
• However, due to the age and nature of antique, military, and inoperable firearms, we cannot guarantee functionality, completeness, or the ability to repair them. The items are sold with these factors in mind.

3. No Warranty:

• Antique, military, inoperable, and parts-only firearms are sold without any warranties—either express or implied. These items are not intended to be used for shooting purposes but are often considered collectible or for parts.
• As such, we cannot offer any guarantees regarding their performance or condition beyond what is described at the time of sale.

4. Responsibility of the Buyer:

• Buyers acknowledge that they have carefully reviewed the descriptions and details of the firearm or part before purchasing and agree that they are fully responsible for their decision.

5. No Refunds or Exchanges:

• If you have any doubts or questions regarding an item, we encourage you to contact us before making a purchase.

 

 

Warranty on Used Firearms

1. Return Eligibility

• Return Period: We offer a 3-month warranty on all second-hand rifles from the date of delivery. During this period, you are eligible for a return if the rifle has a manufacturing defect or if it does not function as described.
• Return Requirements: To qualify for a return, the rifle must be returned in the same condition as it was received, with all original parts, accessories, and packaging. The firearm must not show signs of misuse, damage, or modifications.

2. Condition and Descriptions:

• We make every effort to accurately describe the condition of used firearms. All descriptions, including but not limited to condition, historical details, and functionality, are based on our opinion.
• We make every effort to provide accurate and detailed descriptions of the condition, functionality, and historical information of all second-hand firearms. However, please note that all descriptions, including but not limited to the firearm’s condition, functionality, and historical details, are based on our professional opinion and assessment.
• We strongly encourage buyers to thoroughly review all provided descriptions, images, and details before making a purchase. By proceeding with your purchase, you acknowledge and agree that you are fully responsible for your decision, having reviewed and understood the condition and details of the firearm or part as described.
• We do not offer returns or exchanges based solely on subjective interpretation of condition or any variations in assessment. The buyer accepts full responsibility for their purchase decision and agrees that Apex Firearms and Defence will not be held liable for any discrepancies or disagreements related to the description of the firearm or its components.

3. Warranty Coverage

• Manufacturing Defects: The 3-month warranty covers any defects in materials or workmanship that were present at the time of purchase. This warranty will be void if the firearm is altered or damaged by the customer in any way, including but not limited to improper maintenance or modification.
• Performance Issues: If the rifle is not operating as intended, we will evaluate the issue. If it is determined to be a defect covered under the warranty, we will repair, replace, or refund the item, at our discretion.

4. Warranty Exclusions

• Misuse or Negligence: The warranty does not cover damages caused by misuse, neglect, or accidents (e.g., dropping, exposure to harsh conditions, or improper cleaning).
• Wear and Tear: Parts that naturally wear out over time, such as springs, grips, or other consumables, are not covered by the warranty.
• Unauthorized Repairs: Any repairs attempted by anyone other than Apex Firearms and Defence or an authorized repair professional will void the warranty.

5. Return Process

• Contact Us: If you believe your rifle has a defect or issue covered by the warranty, please contact us within the 3-month warranty period to initiate the return process.
• Inspection: We will assess the issue and determine whether it falls under warranty. If the return is approved, the firearm will need to be shipped back to Apex Firearms and Defence at the buyer’s expense (unless the issue is a manufacturing defect).
• Refund or Replacement: Once the firearm is received and inspected, we will either repair the rifle, replace it with a similar item, or issue a full refund, depending on the circumstances.

6. Non-Warranty Returns

• General Returns: If you change your mind about your purchase or wish to return the rifle for any other reason that is not covered under the warranty, returns will not be accepted. We do not offer refunds or exchanges for second-hand rifles unless the issue falls under the warranty terms.

7. Shipping Costs

• Return Shipping: The cost of returning the firearm to us is the responsibility of the buyer, unless the return is due to a defect or an error on our part.
• Initial Shipping: The initial shipping fee to send the rifle to the buyer is non-refundable.

 

Lay-by Purchase Terms and Conditions

The following terms apply to all goods purchased on a lay-by basis:

• Deposit and Payment Terms: A minimum deposit of 20% of the total purchase price is required at the time of purchase. Remaining balance must be paid in full over a term of eight (8) weeks.
• Cancellation and Refunds: If a lay-by is cancelled, a cancellation fee of 20% of the total purchase price will apply and be deducted from any refund issued. Refunds are only available for cancellations made within the specified 8-week lay-by period. For cancellations after the 8-week period, due to non-completion (either by management or the purchaser), all funds paid will be retained by Apex Firearms and Defence to cover administration, product maintenance, warehousing, restocking, and re-advertising. No refund will be issued in such cases.
• Administration Fee: A minimum administration fee of $30, totalling applies.
• Legal Preclusion Cancellations: If cancellation occurs due to legal reasons, a full refund will be issued, provided official written documentation is submitted to substantiate the claim.
• Storage and Fees: Goods that have been partially or fully paid for will be stored by Apex Firearms and Defence for up to 12 weeks at no additional charge. After 12 weeks, a storage fee of $30.00 per month per firearm. If goods are unclaimed or not purchased according to these terms after the 12-week period, Apex Firearms and Defence reserves the right to dispose of the goods at its discretion to recover storage and administration costs.
• Ownership: Ownership of the goods remains with Apex Firearms and Defence until the total balance has been paid in full.
• Outstanding Balances: Any invoices with an outstanding balance where a deposit has been paid will be considered a "LAY-BY."
• Discounted Items: Any items invoiced at discounted prices will revert to the standard list price if not paid by the due date specified on the invoice.

 

Cancellation and Refund Policy

• Cancellation Fee: For purchases that have been fully paid and subsequently cancelled, a cancellation fee of 20% of the total purchase price will be deducted from any refund issued. This fee covers restocking costs and does not apply to back-ordered items. Refunds will only be processed for cancellations made within 8 weeks from the original purchase date. After this period, no refund will be issued for the cancellation.

• Administration Fee: A minimum administration fee of $30.00 will be charged for cancellations.
• Legal Preclusion Cancellations: If a cancellation occurs due to legal reasons, a full refund will be provided, provided that written official documentation is submitted to verify the claim.
• Storage and Associated Fees: Goods that have been partially or fully paid for will be stored at no additional charge for up to 12 weeks. After 12 weeks, a storage fee of $30.00 per month, per firearm will apply. If goods are unclaimed or not purchased according to these terms after the 12-week period, Apex Firearms and Defence reserves the right to dispose of the goods at its discretion to recover storage and administration costs.
• Transfer of Ownership: Ownership of goods remains with Apex Firearms and Defence until the full purchase price has been paid and all outstanding amounts are settled.
• Scope of Policy: This cancellation and refund policy applies only to goods that have not been collected from the store or shipped via transport/post.

 

Transfer of Property Rights

Ownership of any firearm sold does not transfer to the purchaser until a valid Permit to Acquire is presented, all conditions under the Firearms Act 1996 have been met, and the full payment for the goods, including any outstanding balances owed to Apex Firearms and Defence, has been completed.

 

Returns and Refunds

Credits, refunds, or exchanges for products will not be processed without the original sales receipt or tax invoice. Returned items must be in their original, undamaged condition and in the factory packaging.

 

Indemnification

You agree to indemnify and hold Apex Firearms and Defence, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claims or demands, including reasonable legal fees, arising from your violation of these Terms of Service, any related documents, or any infringement of third-party rights or laws.

 

Severability

If any part of these Terms of Service is found to be unlawful, void, or unenforceable, it will still be enforceable to the maximum extent allowed by law. The invalid portion will be removed, and the rest of the Terms will remain valid and enforceable.

 

Termination

Any obligations or liabilities that either party has incurred before the termination date will continue to be valid after the agreement ends for all purposes.

These Terms of Service remain in effect unless either you or we decide to terminate them. You may end this agreement at any time by informing us that you no longer wish to use our Services, or by stopping the use of our site.

If we determine, at our sole discretion, that you have failed to comply with any term or provision of these Terms of Service, or if we suspect such failure, we may terminate this agreement without notice. In this case, you will still be responsible for any amounts owed up to the termination date and may lose access to our Services, or any part of them.

 

Entire Agreement

If we do not exercise or enforce any right or provision in these Terms of Service, it will not be considered a waiver of that right or provision.

These Terms of Service, along with any policies or operating guidelines posted on this site or related to the Service, represent the full and complete agreement between you and us. They govern your use of the Service and replace any prior or simultaneous agreements, communications, or proposals, whether written or oral, between us (including, but not limited to, any previous versions of the Terms of Service).

Any uncertainties in interpreting these Terms of Service will not be interpreted against the party who drafted them.

 

 

 

Governing Law

These Terms of Service, along with any separate agreements under which we provide you with Services, will be governed by and interpreted in line with the laws of Victoria, Australia.

 

Changes to Terms of Service

You can access the latest version of the Terms of Service at any time on this page.

We retain the right to modify, update, or replace any portion of these Terms of Service at our discretion by posting revisions on our website. It is your responsibility to regularly check for any updates. By continuing to use or access our website or services after any changes have been posted, you acknowledge and accept those modifications.

 

Contact

If you have any questions regarding the Terms of Service, please contact us at sales@apexfd.com.au