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Paintball Store, Inc.

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Terms and Conditions

TERMS AND CONDITIONS

Please read the following Terms and Conditions of Use Carefully Before using this Website. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law.

Copyright

The entire content included in this site, including but not limited to text, graphics, site design, logos, icons, images or code is noted as a collective work under the United States and other copyright laws, and is the property of Paintball Store, Inc. The collective work includes works that are licensed to Paintball Store, Inc. ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. Any other use, including but not limited to the reproduction, distribution, display, modification, republishing, uploading, or transmission of the content of this site is strictly prohibited, unless authorized by Paintball Store, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. If you are interested in leasing Paintball Store, Inc. content then please Paintball Store, Inc.

Trademarks

All trademarks, service marks and trade names of Paintball Store, Inc. used in the site are trademarks or registered trademarks of Paintball Store, Inc. The use of any trademark or service mark without the express written consent of Paintball Store, Inc. is strictly prohibited.

Disclaimer and Limitation of Liability as to Shipping Errors

Paintball Store, Inc. will make mistakes. Although we work very hard to prevent errors when filling orders, the fact that we employ human beings to pick, pack and ship orders makes errors unavoidable. If we do ship the wrong product to you or leave out a certain product from a package, our procedure and policy for resolving the problem is the following: Paintball Store, Inc. will verify that an item was left out of a package by repacking the original order and comparing what the weight should have been to the actual weight shipped. If we clearly see that an item has been left out of the package, we will ship the item to you at no charge using the most efficient shipping method available. We would gladly upgrade your service to ensure that you receive the item by a specific date if you are willing to pay the difference in shipping costs between the most efficient shipping method and your new requested shipping method.

Warranty Disclaimer

This site and the materials and products on this site are provided as is. Many of the products on the site come with a manufacturer warranty. Warranties are not handled through Paintball Store, Inc. unless you purchase items through Paintball Store, Inc. retail locations. If you are concerned with the warranty of a particular item, contact the manufacturer prior to purchasing the product. To the fullest extent permissible pursuant to applicable law, Paintball Store, Inc. disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Paintball Store, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Paintball Store, Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Limitation of Liability

Paintball Store, Inc. expressly disclaims all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. Paintball Store, Inc. shall not be liable for any special or consequential damages that result from the use of or the inability to use, the materials on this site or the performance of the products, even if Paintball Store, Inc. has been advised of the possibility of such damages. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event a product is listed with an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Paintball Store, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Paintball Store, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.

Shipping

Paintball Store, Inc. uses the two (2) most reliable sources for shipping, UPS and USPS and live shipping rates can be found upon checkout when products are added to the shopping cart. Most orders are shipped out within 24 - 48 hours upon placing an order. Under special circumstances, this time line may be increased due to special orders or inventory inconsistencies. Shipping insurance is offered for all UPS shipments and MUST be purchased at the time of checkout. The insurance is calculated in direct correlation of dollar amount of said order. Any damage or loss to packages that occur in route to customer destinations must be dealt with directly through the carrier. The carrier is the company which assumed responsibility upon pick up of a package from Paintball Store, Inc. facilities. Paintball Store, Inc. will help in assistance of resolution but is in no means held responsible. You must purchase shipping insurance for our customer support to file a claim with the shipping company. All transit times are based off carriers estimated delivery schedules. In cases such as extreme weather, holidays, and other unforeseen reasons, normal transit times may be affected. In the unfortunate case of these circumstances, the carrier nor Paintball Store, Inc. can be held responsible and thus cannot offer any type of compensation.

UPS Shipping Service does offer tracking information on all services. The information may be delayed up to 24 hours due to the UPS updating process. All packages shipped via USPS do not have a tracking number. They only have a delivery confirmation number which is updated upon delivery.

International Orders

Please note that certain countries require us to physically drop off packages at the postal facility. Due to this process, it can delay an order between 5-7 days. If the tracking number provided is not updated within 2-3 days after the order is placed then this may be the case and please allow us the full 5-7 days before requesting any further information.

In-Store Pickup

All orders placed with the "In-Store Pickup" shipping method can be picked up at our physical retail store. Our retail store address is:

Paintball Store, Inc.

9220 Cypress Creek Pkwy.

Houston, TX 77070

This is our one and only physical location.

All customers that select the "In-Store Pickup" shipping method, that are not located within California, will be contacted by phone or e-mail within 24-48 hours to confirm that the order will be picked up from our retail store.

Paintball Store, Inc. will wait 10 days for a response about whether or not the order is being picked up from our facility. If there is no response after 10 days, the order will be switched to the least expensive shipping method and the order will be charged accordingly. Once the shipping method has been changed and the funds have been collected, then the order will be shipped.

**If you select "In-Store Pickup" because Free Shipping was not available and you feel that the order should have the Free Shipping option then please click on this link HERE and make sure that your order meets all of the required criteria**

Pre-orders

Regarding all pre-ordered items, any order placed for such items will be processed immediately for verification of funds. Once the funds have been collected, the order will be processed and moved to a partially back ordered status. *Note* If the order contains more than just the pre-ordered item(s) then, as a courtesy, Paintball Store, Inc. will ship out all of the in stock items right away. This does not apply to international customers.

There is additional information related to pre-orders on the item description page. We update that information according to the manufacturer's latest expectancy date; in most cases they are unable to have a firm release date. Based on this information we cannot be held responsible for "misleading" time frames since those change on a weekly basis.

Any orders placed with a pre-ordered item will be held and shipped complete. If for any reason you wish to cancel a pre-ordered item or an entire order with said item included, then contact us directly either through chat, e-mail or phone. We are in constant contact with all of our vendors and do our best to supply all of our customers in a fair and timely manner.

Split Orders

As a courtesy to all of our customers, Paintball Store, Inc. offers split orders at no charge. If an order is placed that has an item(s) that is out of stock or on pre-order, then we will ship what's available and split the balance. The remaining item(s) will ship as soon as they are released and/or reach our facility. Paintball Store, Inc. will pick up the cost for shipping the split order and the shipping method will be to our discretion.

Returns

Thank you for shopping at Paintball Store, Inc. In the unfortunate event you need to return a product, please read our entire procedure so we can expedite your return. All returns must meet the following requirements.

   Any item taken in for return must be brand new, factory sealed and unused.

   There are no returns on any Paintballs or Special Order Items

   Returns must be received within 30 DAYS of placing your order.

If your item is eligible for return, please call Paintball Store, Inc. at (281) 469-9777 (M-S 10AM-7PM CST) for an RMA number. If a return is shipped back to Paintball Store, Inc. with no RMA number, THE PACKAGE IS GUARANTEED TO BE REFUSED. When calling for your RMA number you will have the option of exchanging your existing item, receiving a refund back to your credit card account with a 15% restocking fee, or a full refund issued as an online store credit. Unfortunately all shipping charges are non refundable. If an order has received free shipping, the shipping costs will be deducted before the store credit or refund is issued.

If you have received a wrong item with your order, please notify us immediately so we can get your item corrected. We will issue an RMA number and ask that you ship the wrong item back using standard ground service only. Please make sure to include the shipping receipt in your package. Once the return is received and processed, a credit will be issued to your account for the shipping reimbursement.

With the RMA number clearly written on the outside of the package, please send your return to:

Paintball Store, Inc.

9220 Cypress Creek Pkwy.

Houston, TX 77070

Note: Returns take between 3-5 business days for completion.

Paintball Store, Inc. has great working relationships and expedited procedures with all of our vendors in the rare instance that an item from your order has a problem. To resolve your problem in the timeliest fashion, we ask you contact the manufacturer direct for assistance. We have provided a list of technical support numbers for the majority of paintball gun and gear manufacturers.

Angel Sports - 1-617-830-1891

ANS Xtreme - 1-805-522-8700

Azodin Paintball - 1-626-350-7000

Bob Long Direct - 1-209-293-4440

BT Paintball - 1-800-724-6822

Custom Products - 1-480-539-4820

Dangerous Power - 1-626-369-7800

Dye Precision - 1-858-536-5183

Empire Paintball - 1-800-724-6822

Gen X Global - 1-866-359-9248

GOG Paintball - 1-724-520-8690

Guerrilla Air - 1-847-640-8857

Halo Loaders - 1-800-724-6822

Hater Paintball - 1-317-354-5201

Invert Paintball - 1-800-724-6822

JT Sports - 1-800-724-6822

Kingman/Spyder Paintball - 1-888-546-4626

Lapco Paintball - 1-800-640-7929

Luxe Paintball - 1-866-573-5893

NXE Paintball - 1-800-533-4831

Ninja Paintball - 1-877-646-5287

Planet Eclipse - 1-401-247-9061

Proto Paintball - 1-858-536-5183

Redz Paintball - 1-877-873-3432

Seventh Element - 1-716-568-7937

Sly Equipment - 1-949-200-7348

TechT Paintball - 1-901-405-1848

Tiberius Arms - 1-888-982-2842

Tippmann Paintball - 1-800-533-4831

Valken Paintball - 1-866-978-2553

V-Force Paintball - 1-877-722-5590

Virtue Paintball - 1-631-617-5346

Warrior Paintball - 1-805-522-8700

Special Order

Paintball Store, Inc. sells many custom items which we label as SPECIAL ORDER items. These items are built to order and are built specifically for that customer to accommodate their request. All sales for SPECIAL ORDER items are final. Paintball Store, Inc. does not stock these items on hand and instead orders these items to be custom built the moment that an order is placed for that item. Because of this process, orders can take anywhere from 2-4 weeks until they are shipped out. There are no returns, cancellations, or refunds on any SPECIAL ORDER item. If a domestic order has a SPECIAL ORDER item along with regular items then the order will be split. All of the standard items will ship out right away and the SPECIAL ORDER item will be shipped separately once it arrives. For international customers, the entire order will be held until the SPECIAL ORDER item has arrived. If a SPECIAL ORDER item is defective then please contact the manufacturer directly for assistance. All SPECIAL ORDER items are covered by a manufacturer warranty.

Free Products

On some products offered for sale at Paintball Store, Inc., we may choose to include free promotional items. If a promotional item runs out of stock, it may be substituted with something equivalent to the listed item. Since it is a free promotional item, we are unable to ensure the item listed is exactly what you will receive.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Paintball Store, Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason. Paintball Store, Inc. reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

Sales Tax

Paintball Store, Inc. shall automatically charge and withhold the applicable sales tax for orders to be delivered. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped.

International Orders

For international orders, each customer shall be solely responsible for all customs fees, brokerage fees, or any other applicable fees assessed on orders shipped to other countries. All customers are held responsible for knowing which products are legal in your city, state, province, or country. Paintball Store, Inc. is not liable for any product shipped out of the country that is in violation of any law, rule or regulation. Please check with your local, state or national government to get all information regarding the products you are planning to purchase.

Service and Support

All requests for technical service and support shall be made directly to the manufacturer in accordance with their terms and conditions.

Terms & Conditions

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Paintball Store, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Paintball Store, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Paintball Store, Inc.

Miscellaneous/Jurisdiction and Venue

Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Paintball Store, Inc. products) shall be in the state or federal courts located in Harris County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Paintball Store, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Paintball Store, Inc. failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Paintball Store, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.

Parental Liability

Parents may be held responsible for the online activities of your children, Texas Civil Code section 1714.1.

Parents and guardians are fully liable for their minor's purchases made online:

Any online purchase on Paintball Store, Inc. made by a minor under the age of 18 shall be imputed to the parent or guardian having custody and control of the minor and parent or guardian will be held severally liable for any said purchase up to the maximum retail value of the purchase plus any additional costs for shipping, in addition to possible criminal prosecution as deemed necessary by Paintball Store, Inc. and its affiliates.

The joint and several liability of the parent or guardian having custody and control of a minor under this subdivision shall be responsible for all expenses incurred including that of return shipment and any and all restocking fees should any be incurred at the maximum rate of 15% for any used items with regard to some items being forfeited and non-refundable/exchangeable/returnable such as markers and paintballs. Please see terms of use for list of non-refundable/exchangeable/returnable items.

The maximum liability imposed by this section is the maximum liability authorized under this section at the time that the act of willful misconduct by a minor was committed.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Paintball Store, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Paintball Store, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Paintball Store, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Paintball Store, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Paintball Store, Inc. in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Paintball Store, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Paintball Store, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Paintball Store, Inc., Paintball Store, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Paintball Store, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Paintball Store, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).



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