Terms & Conditions

Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using https://www.damagefactory.com and all of its sub domains (“the Site”) operated by Damage Factory Inc (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.damagefactory.com.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

WHO, WHAT & WHERE IS DAMAGE FACTORY

Who is Damage Factory?

Damage Factory is a Colorado Company started by local firearm hobbyists and veterans.

What is Damage Factory?

Damage Factory Inc is a type 07 Federal Firearm Licensed business with SOT 2 tax permit. Damage Factory in fact is a class 3 manufacturer regulated by the ATF.

Where is Damage Factory?

6852 S Dallas Way, Greenwood Village, CO 80112

ITAR (International Traffic in Arms Regulations) and EAR (Export Administration Regulations) Compliance Statement

By ordering any product(s) from DamageFactory.com website, you certify that you, or third-party entities at your direction, will not sell, transport, ship or transfer outside the borders of the United States, nor to any foreign person*, any product(s) which are export-restricted by U.S. export-control law and regulation, without proper U.S. Government export authorization, licensing, and documentation.

Export-restricted items include, but are not limited to, firearms, ammunition, electronic equipment, certain gear and firearm accessories, weapon-mounted or handheld optical equipment including rifle or handgun scopes, night vision and night vision accessories, holographic sight systems, “red-dot” optics, thermal vision, and tactical lights and lasers.

You must indicate on your order if you intend for an item(s) to be exported. An indication of desire of exportation in no way compels DamageFactory.com to assist with export in any way, before or after purchase of an item(s). Export, or attempt to export, any controlled or prohibited items outside of the U.S. without complying with U.S. export control regulations can result in severe civil and criminal penalties and/or constitute a federal crime. DamageFactory.com will not participate in any transaction, directly or indirectly, involving the illegal export or re-export of any prohibited items.

“Foreign Person” under ITAR § 120.16 means “any natural person who is not a lawful permanent resident as defined by 8 U.S.C. § 1101 (a)(20) or who is not a protected individual as defined by 8 U.S.C. § 1324b(a)(3)”, and can mean “any foreign corporation, business association, trust, society, or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments, and any agency or subdivisions of government (e.g. diplomatic missions).”

INVENTORY

Unless it is noted that backordering is available, we will automatically cancel your order and refund your money on out of stock items. Consequently, if someone else with guaranteed funds buys the same item it may become unavailable and we cannot ship one to you. Once you place an order with us we will set your items aside with your name on them only after your order is funded. This is our only way to know you are serious about the order.

ONLINE INVENTORY & DESCRIPTION ERROR

Our online inventory changes every day. Occasionally an item may appear on the site by mistake or the item’s description may contain a typographical error. We do not guarantee that titles, descriptions or pictures on our site are error-free. We reserve the right to refuse any order including but not limited to orders for items with errors in the description or price. If DamageFactory.com cancels an order, we will not charge the customer’s credit card or we will return the money.

If an item’s description contains an error such as incorrect price and a customer orders one, we will not process the order without first contacting the customer. If the order is mistakenly shipped, we may advise the customer to return the item in an unopened condition and we will not bill the customer. By placing an order, the customer agrees that DamageFactory.com will be the final arbiter of discrepancies in the online catalog necessary in order to keep our prices low for our customers.

RETURN, REFUND, CANCELLATION AND ORDER CHANGES

Damage Factory Inc & DamageFactory.com offer a 30 day return and exchange policy on non firearm and ammunition components.

You must contact DamageFactory.com by phone, email or in person before returning or exchanging any product. After your in store purchase, online order, or over the phone with a sales associate you will be charged 25% Cancellation/Change fee if you decide to cancel the order or substitute products. You will not be charged any additional fee for adding items to an existing order. By placing an order online or making a phone order with a sales associate you agree to pay this 25% Cancellation/Change fee should you cancel or change your order. Items that are in the original and sealed packages can be returned and subject to a 25% restocking fee or 100% in store credit, opened or missing original packages may not be returned. We apologize for having to implement these changes, but it is necessary in order to keep our prices low for our customers.

COPYRIGHTS

The compilation of all content on this site is the exclusive property of DamageFactory.com and protected by U.S. and international copyright laws. All software used on this site is the property of DamageFactory.com or its software suppliers and protected by United States and international copyright laws. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DamageFactory.com or its content suppliers and protected by United States and international copyright laws.

If you believe your work has been copied in a way that constitutes copyright infringement, please contact us immediately at [email protected] to resolve the matter.

LICENSE & SITE ACCESS

DamageFactory.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of DamageFactory.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DamageFactory.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DamageFactory.com and our affiliates without express written consent. You may not use tags or any other “hidden text” utilizing DamageFactory.com name or trademarks without the express written consent of DamageFactory.com. Any unauthorized use terminates the permission or license granted by DamageFactory.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DamageFactory.com so long as the link does not portray DamageFactory.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DamageFactory.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

It is your responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use DamageFactory.com only with direct involvement of a parent or guardian. DamageFactory.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

E-COMMUNICATIONS

When you visit DamageFactory.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LIMITATION OF LIABILITIES

DamageFactory.com shall not be liable for any special or consequential damages that result from the use, or the inability to use, the materials on this site of the performance of the product, even if DamageFactory.com has been advised of the possible of such damages.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DAMAGEFACTORY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DAMAGEFACTORY.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DAMAGEFACTORY.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DamageFactory.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Above limitation or exclusions may not apply to you due to applicable laws that do not allow the limitation of exclusion of liability or incidental or consequential damages.

APPLICABLE LAW

By visiting DamageFactory.com you agree that the laws of The State of Colorado, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DamageFactory.com or its affiliates.

All Firearm transactions must adhere to all State and Federal laws regarding the sale of their products to people in those states if restrictions apply.

SHIPPING & DELIVERY

All online and phone orders are to be shipped USPS Priority mail unless stated otherwise. We are utilizing STAMPS.com for our labeling, tracking, and RMO returns. Firearms and rush shipment are handled by FEDEX Express and UPS. By ordering from Damage Factory, you agree to receive tracking & shipping updates by email through STAMPS.com, Fedex, UPS or their third party affiliation. If your order has multiple items, they may be shipped from different warehouses and arrive in different boxes on different dates. We do not charge you extra for split shipments.

SITE POLICIES, MODIFICATION & SERVICEABILITY

All online and phone orders are to be shipped USP or USPS Priority mail unless stated otherwise. We are utilizing STAMPS.com for our labeling, tracking, and RMO returns. Firearms and rush shipment are handled by UPS. By ordering from Damage Factory, you agree to receive tracking & shipping updates by email through STAMPS.com and UPS.com.

If your order has multiple items, they may be shipped from different warehouses and arrive in different boxes on different dates. We do not charge you extra for split shipments.

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.