ARK ARMY SURPLUS

Take shelter from the flood of high prices

Terms & Conditions

PURCHASE AGREEMENT

In consideration of your use of the items/service(s) offered by A.R.K. Sales / Army Surplus , you represent that you are of legal age to form a binding contract and are not a person barred from receiving services or products under the laws of Canada or other applicable jurisdiction. You certify that you are an individual, that you are 18 years of age or older, and that you are a legal resident of Canada.
You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form and maintain and promptly update the registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or that A.R.K. Sales / Army Surplus has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, A.R.K. Sales / Army Surplus has the right to suspend or terminate your account and refuse any and all current or future use of the service(s) (or any portion thereof) offered by A.R.K. Sales / Army Surplus .
It is A.R.K. Sales / Army Surplus’s policy to protect consumers and itself from possible fraudulent activity resulting in financial loss for either party and therefore A.R.K. Sales / Army Surplus may elect to suspend or cancel orders at its discretion without warning or notification.
ARK Sales / Army Surplus will provide a exchange or issue a refund on clothing items only and NOT for any type of guns purchased online. Clothing returns are for all non-clearance items received within 30 days of when the items were shipped and a 20% restocking fee will apply. Provided the items are unworn, unwashed, with all original tags attached, and free of defects.Shipping charges are non-refundable. If you receive a defective clothing product, you must notify us within two days of receiving the product to be eligible for a return.

NO returns or exchanges or refunds on any type of guns, ALL GUN SALES ARE FINAL. Any manufacturer defect(s) on any guns must be dealt with the manufacturer and not A.R.K. Sales / Army Surplus’s .

DO NOT purchase unless you agree to ALL terms.

DELIVERY STANDARDS All items shipped via Canada Post Ground Expedited. Delivery times for Canadian destinations are 2-3 business days. North American destinations are 7-10 business days. International destinations are 2-3 weeks.

UPGRADING AND MODIFICATIONS Please note that  certain airsoft models have been modified to shoot 366-450 fps with a .20gr 6mm BB for the Canada market. No warranty's of any kind on any units that have been modified. All sales are final. All units have been tested and verified.

TRADEMARK NOTICE
A.R.K. Sales / Army Surplus™ is a trademark of A.R.K. Sales / Army Surplus. No license to use or reproduce this trademark or other trademarks contained on this web site is given or implied. All other brands and product names are the trademarks of their respective owners.
Trademark notice - All product names, trademarks, service marks, or other images in this web site are either the property of, or used with permission by, A.R.K. Sales / Army Surplus , and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names contained on this web site may be trademarks or service marks of other persons.
Copyright notice - Copyright notice for all pages on A.R.K. Sales / Army Surplus web sites: © 2011 A.R.K. Sales / Army Surplus. All Rights Reserved. Any reproduction of these pages for commercial purposes or for distribution to other persons is a violation of Canadian Copyright law and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works, or in any other way exploit any of A.R.K. Sales / Army Surplus copyrighted works without first obtaining A.R.K. Sales / Army Surplus written consent. Please contact us for such consent. You may not view, reproduce, print, or otherwise use any of the content of this web site for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above.

PRICING OR TYPOGRAPHICAL ERRORS
While A.R.K. Sales / Army Surplus strives to provide accurate product and pricing information, pricing or typographical errors may occur. A.R.K. Sales / Army Surplus cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, A.R.K. Sales / Army Surplus shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, A.R.K. Sales / Army Surplus may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

ORDER ACCEPTANCE
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verification's or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

SITE ACCESS

By accessing this web site, you agree to be bound by the terms and conditions of use appearing below, such use being non-commercial in nature and conditioned on your acceptance. The materials on this web site are Copyright © 2011 A.R.K. Sales / Army Surplus. All rights reserved. You are hereby authorized to view, copy, print, and distribute these materials subject to the following conditions: 
1.    the materials may be used for internal informational purposes only; 
2.    any copy of these materials or any portion thereof must include the above copyright notice; and 
3.    A.R.K. Sales / Army Surplus may revoke or modify any of the foregoing rights at any time.

You also expressly agree that you will not use any robot, spider, or other automatic or manual device or process to interfere or attempt to interfere with the proper working of our web site, nor act as a conduit for others to effect the same result.

SITE SECURITY
Users are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding," "spamming," "mailbombing" or "crashing" as those terms are understood in the industry; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from A.R.K. Sales / Army Surplus on this website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Mozilla Firefox, Apple Safar).

Intellectual Property
Nothing on this web site will be construed as conferring any license of A.R.K. Sales / Army Surplus's rights or any third party rights. Although the information is provided on this server to anyone, we retain the copyright on all text and graphic images. This means you may not distribute the text or graphics to others without the express written permission of A.R.K. Sales / Army Surplus, or modify or re-use the text or graphics without the express written permission of A.R.K. Sales / Army Surplus. It is expressly forbidden to use either A.R.K. Sales / Army Surplus's URL, meta-tags, or other embedded web site information to effect any "matchmaker" advertising by third parties, or to act as a conduit for others to effect the same result. You may print copies of the information for your own personal use.

A.R.K. Sales / Army Surplus also reserves all other rights, including the right to make changes or corrections at any time without notice. You are prohibited from posting on this web site or transmitting to this web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, objectionable or profane material or any materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. A.R.K. Sales / Army Surplus will fully cooperate with law enforcement authorities or court orders requesting or directing A.R.K. Sales / Army Surplus to disclose the identity of or help identify anyone posting any such information or materials on this web site. A.R.K. Sales / Army Surplus makes no commitment to update the information provided herein. The information, text, graphics, and links on this web site are provided by A.R.K. Sales / Army Surplus as a convenience to its customers.

This web site may contain content not generated by A.R.K. Sales / Army Surplus and A.R.K. Sales / Army Surplus is not responsible for any third-party content. The name of A.R.K. Sales / Army Surplus or the A.R.K. Sales / Army Surplus logos and trademarks may not be used in advertising or publicity pertaining to distribution of the information on or linked to this web site or any other server or "hot-linked" sites without specific, written prior permission. A.R.K. Sales / Army Surplus makes no representation or warranties about the accuracy, currency, completeness, or suitability of the information provided on this web site and will not be liable for any use of this information for any purpose. The information on this web site could contain technical inaccuracies or typographical errors, and information may be changed, updated, and deleted without notice. A.R.K. Sales / Army Surplus may make improvements and/or changes in the products and/or the programs described on this web site at any time. Errors in the description, photography, or typographical errors are subject to correction at the sole discretion of A.R.K. Sales / Army Surplus.

The material provided on this web site is protected by law, including, but not limited to, Canada copyright law, trademark law, and international treaties. This web site is controlled and operated by A.R.K. Sales / Army Surplus in Toronto, Ontario Canada. A.R.K. Sales / Army Surplus makes no representation that materials on this web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

DISCLAIMER
A.R.K. SALES / ARMY SURPLUS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THIS WEB SITE OR OTHER SITES "HOT LINKED" TO THIS SITE, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL A.R.K. SALES / ARMY SURPLUS BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, BUSINESS INTERRUPTION, SALES, OR PROFITS, WHETHER IN A CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF ACCESS TO, USE OF, OR IN CONNECTION WITH THE USE, INABILITY TO USE, ACCURACY, SUITABILITY, OR PERFORMANCE OF THIS INFORMATION, EVEN IF A.R.K. SALES / ARMY SURPLUS  IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
ADDITIONAL TERMS AND CONDITIONS
ANY CLAIM RELATED TO THIS WEBSITE OR ANY PURCHASE MADE THROUGH THIS WEBSITE WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO, WITHOUT REGARD TO CONFLICTS OF LAW RULES. IN THE EVENT OF ANY DISPUTE REGARDING THIS WEBSITE OR ANY SALE OR PURCHASE MADE THROUGH THIS WEBSITE, THE PARTIES IRREVOCABLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE TORONTO MUNICIPLE COURT. IN THE EVENT OF ANY DISPUTE ARISING UNDER A FEDERAL CLAIM REGARDING THIS WEBSITE OR ANY SALE OR PURCHASE MADE THROUGH THIS WEBSITE, THE PARTIES IRREVOCABLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE PROVINCIAL DISTRICT COURT FOR ONTARIO.

Indemnification – You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend and hold harmless A.R.K. Sales / Army Surplus their parents, affiliates and subsidiary companies, officers, directors, employees, consultants, licensors, and agents from any and all third party claims, liability damages and/or costs (including, but not limited to, attorney fees) arising from your use of our services, your violation of the terms of service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify A.R.K. Sales / Army Surplus of any unauthorized use of your account or any other breach of security known to you.

Links – A.R.K. Sales / Army Surplus web sites contain links to third party web sites. A.R.K. Sales / Army Surplus does not control the content of these web sites. Unless specifically stated on A.R.K. Sales / Army Surplus web sites to the contrary, A.R.K. Sales / Army Surplus is not affiliated with these third parties and does not necessarily endorse or sponsor their web sites, products, or services.

Privacy - We know that you are concerned about your privacy; so is A.R.K. Sales / Army Surplus .Our privacy practices are designed to provide a high level of protection for your personal data. To learn more, you can read Privacy Policy Statement on A.R.K. Sales / Army Surplus Web Sites.

FLARE/BLANK GUNS - End Use Certificate & Purchase Waiver- FOR FLARE/BLANK GUN PURCHASES ONLY.

The purpose of this statement is to identify the persons(s) responsible for safe handling, deployment and storage of Flare/Blank/Wildlife Management and Control products purchased from ARK Army Surplus & Outdoor Gear Inc. and www.arkarmysurplus.com and to advise that launchers and pyrotechnics are dangerous and must be used with care and caution and in complete accordance with the provided product instructions.Furthermore, to indemnify ARK Army Surplus & Outdoor Gear Inc. and www.arkarmysurplus.com or its agents or affiliates against any legal actions that may occur for reasons stated.

In order to purchase any Flare/Blank/Wildlife Management and Control products from ARK Army Surplus & Outdoor Gear Inc. and www.arkarmysurplus.com you must be 21 years old or older. Under no circumstance can we or will we sell to anyone under 21 years old.

By agreeing to this certificate/waiver you state that you are at least 21 years old or older and that neither ARK Army Surplus & Outdoor Gear Inc. and www.arkarmysurplus.com nor our agents or affillates are responsible or liable for your actions with the Flare/Blank/Wildlife Management and Control products you purchase , own or use. You are accepting full responsibility for the safe , sane, and lawful use of any of the Flare/Blank/Wildlife Management and Control products. You further state that should you lend or in any other manner provide the Flare/Blank/Wildlife Management and Control products to another person, that you accept full responsibility for the safe , sane, and lawful use of any of the Flare/Blank/Wildlife Management and Control products.

I the purchaser of any Flare/Blank/Wildlife Management and Control products from ARK Army Surplus & Outdoor Gear Inc. and www.arkarmysurplus.com states that I have read and understand all the warranties, warning, responsibilities, and liabilities of these products offered by ARK Army Surplus & Outdoor Gear Inc. and www.arkarmysurplus.com and do not hold ARK Army Surplus & Outdoor Gear Inc. and www.arkarmysurplus.com or its agents or affiliates responsible for any and all legal actions incurred out of the purchase, ownership, or use of said products. I am 21 years old or older and aware of any local, state, and federal laws governing the purchase, ownership and use of the Flare/Blank/Wildlife Management and Control product(s) under consideration and that there are no laws prohibiting me from purchasing, owning or using these products herein. I understand that removing or altering any stampings, warning stickers, paint marking, altering the unit in any way or other identification marks made to comply with local, state or federal law is prohibited.

I understand that:

· ARK Army Surplus & Outdoor Gear Inc. and www.arkarmysurplus.com shall not be held responsible for any injury to others, personal injury, death, property damage, or any type of damage or loss resulting from the use or handling of these products, whether or not they are used in accordance with the provided instruction.

· The buyer of these products must secure local and provincial end user permits, as required.

· Flare/Blank/Wildlife Management and Control products are for legitimate wildlife management and control, hunting, hiking and boating ONLY.

· Instructions for proper use and storage of launchers and pyrotechnics are included with each item: refer to these instructions for complete details.

· Head, Ear, Eye protection must be worn when handling and deploying pyrotechnics. Personal protection available at safety supply stores.

· Launchers require regular maintenance and cleaning to function safely and properly.

· Launchers and pyrotechnic must NOT be modified from there original condition.

· The buyer hereby accepts said material subject to all the terms hereof.

· Please be advised that all ARK Army Surplus & Outdoor Gear Inc. and www.arkarmysurplus.com sales records for launchers and pyrotechnics , shipping documents and this “End Use Certificate / Purchase Waiver” are available and are subject to examination by the RCMP, all Police agencies and the Explosive Branch of the Department of Energy, Mines and Resources subject to a presentation of a legal Search Warrant.

I hereby agree and certify that:

· I have a legitimate agricultural, boating, hunting, hiking, industrial or wildlife management and control use, for these products.

· These products will be used SOLELY for bird, animal, boating, hunting, hiking or wildlife management and control purposes.

· The use of these products for amusement or display fireworks is strictly prohibited.

· I am fully responsible for the safe, proper use and storage of these products in accordance with all the terms listed in this statement.

· I further understand that any other use of these products is STRICTLY PROHIBITED BY LAW.

ALL SALES OF FLARE/BLANK GUNS ARE FINAL WITH NO RETURNS,NO EXCHANGES and NO REFUNDS.

DO NOT PURCHASE UNLESS YOU AGREE TO ALL TERMS.

NO PURCHASE OF FLARE/BLANK GUNS ORDER WILL BE CONDUCTED WITHOUT AGREEING TO THESE TERMS.

I HAVE READ, UNDERSTAND AND WILL COMPLY WITH ALL OF THE ABOVE CONDITIONS IN THIS STATEMENT.

FOR INSTORE PURCHASES, PROPER CANADIAN GOVERNMENT PHOTO ID MUST BE SHOWN.

 


 

2011 ARK Army Surplus All Rights Reserved.