Terms of Service, Privacy Notice and Terms of Sale

These Terms of Service (“Terms”) apply to your access to and use of the websites, online store and other online products and services (collectively, our “Services”) provided by Fesales. (“Fesales” or “we,” “us” or “our”). By accessing or using any of our Services, you are entering into a binding agreement with Fesales and agree to be bound by these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section12, do not access or use our Services

Please refer our Terms of Sale for the terms, conditions and policies applicable to any purchases you make on or through our Services. By making a purchase on or through our Services, you agree to the Terms of Sale. These Terms are in addition to our Terms of Sale that govern your purchase of products from us. If you have any questions about these Terms or our Services, please contact us at [email protected].

1 Eligibility

You must be at least 18 years of age and reside in the United States to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

2 User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and may not share your password or log-in credentials with any third party. You must promptly notify us if you discover or suspect that someone has accessed your account without your permission.

3 Privacy

Please refer to our Privacy Policy below for information about how we collect, use and disclose information about you.

4 Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Make any misrepresentations or provide any false or misleading information in connection with a purchase made through the Services;
Use or attempt to use another user’s account;
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
Bypass or ignore instructions contained in our robots.txt file, which files we may modify or update at any time in our sole discretion, that controls automated access to portions of our Services; or
Use our Services for any fraudulent, illegal or unauthorized purpose, including to purchase firearms in a jurisdiction where such purchase is illegal, or engage in, encourage or promote any activity that violates these Terms.

5 Limited License; Copyright and Trademark

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “ Fesales”) are owned by or licensed to Fesales and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Fesales and our licensors reserve all rights in and to our Services and the Fesales Content. We hereby grant you a limited, nonexclusive, nontransferable, non-sub-licensable, revocable license to access and use our Services and Fesales Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or Fesales Content; (b) copy, reproduce, distribute, publicly perform or publicly display Fesales Content, except as expressly permitted by us or our licensors; (c) modify the Fesales Content, remove any proprietary rights notices or markings or otherwise make any derivative uses of our Services or Fesales Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or Fesales Content other than for their intended purposes. Any use of our Services or Fesales Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted to you.

6 Feedback

From time to time, you might voluntarily provide us with questions, comments, suggestions, ideas, original or creative materials or other information you submit about Fesales or our products or Services (collectively, “Feedback”). You agree that all Feedback is non-confidential and will become the sole property of Fesales. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback, which you hereby assign to us, and we will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

7 Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Fesales and our officers, directors, agents, suppliers and employees (individually and collectively, the “Fesales Parties ”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims ") arising out of or related to (a) your access to or use of our Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another party (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Fesales or the other Fesales Parties.

8 Disclaimers

WE DO NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY OUR SERVICES.

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, FESALES DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY FESALES CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE FESALES ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHEN YOU USE OUR SERVICES, YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE.

9 Limitation of Liability

FESALES AND THE OTHER FESALES PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, INCLUDING RELATING TO YOUR USE OF OR INABILITY TO USE ANY PRODUCTS SOLD THROUGH THE FESALES SITE, EVEN IF FESALES OR THE OTHER FESALES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF FESALES AND THE OTHER FESALES PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OUR SERVICES OR ANY PRODUCTS PURCHASED ON OUR WEBSITE REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR SERVICES.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF FESALES OR THE OTHER FESALES PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

10 Release

To the fullest extent permitted by applicable law, you release Fesales and the other Fesales Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

11 Transfer and Processing Data

By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

12 Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Fesales and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Fesales seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Fesales seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Fesales waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms, our Services or your purchase of products from us will be resolved through confidential binding arbitration held in Fort Bend County, Texas in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and Fesales agree that any dispute arising out of or related to these Terms, our Services or your purchase of products from us is personal to you and Fesales and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Fesales agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Fesales agree that the state or federal courts of the State of Texas and the United States sitting in Fort Bend County, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND FESALES WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

You have the right out opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 12 by submitting a request to opt out via Certified Mail. To be effective, your request must include your full legal name, and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 13.

13 Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Texas, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Fort Bend County, Texas.

14 Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.

15 Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

16 Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

17 Miscellaneous

These Terms, and any other terms on the site applicable to your purchase, constitute the entire agreement between you and Fesales relating to your access to and use of our Services. The failure of Fesales to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Fesales Privacy Notice

Fesales ("Fesales" or “we” or “us”) is committed to protecting and respecting your privacy. This Privacy Notice explains how Fesales collects, uses and discloses information about you when you visit or conduct transactions through our websites, and other online products and services (collectively, the "Services") or when you otherwise interact with us, such as via email or through live chat. By visiting Fesales.com or otherwise using our Services, you are accepting the practices we describe in this Privacy Notice.

We may change this Privacy Notice from time to time. If we make changes, we will notify you by revising the date at the top of the notice and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Notice whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.

WHAT INFORMATION DOES FESALES COLLECT?

Information You Give Us

We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form or survey, leave a product review, participate in a contest or promotion, make a purchase, apply for a job, communicate with us via third party social media sites, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, fax number, credit card information and any other information you choose to provide.

When we say “Personal Information” we mean any information that identifies an individual, such as (but not limited to) an individual’s name, email address, postal address, device-specific information, and log information (as described below). Any information that does not, on its own, identify an individual person is considered and treated as non-personal information. When non-personal information is combined with other information so that it does identify an individual, this information is treated as Personal Information. Fesales does not and will not sell personal information.

Information About Your Use of the Services

Usage Information

We collect information about your use of the Services, such as the search terms you enter, your purchase history and invoice data.

Automatically Collected Information

When you access or use our Services, we also automatically collect information about you, including:

Log Information: We collect log information about your use of the Services, including the type of browser you use, app version, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
Information Collected by Cookies and Other Tracking Technologies: We use different technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, serve ads and understand usage and campaign effectiveness. For more information about cookies and how to disable them, please see "Your Choices" below.

Information We Collect from Other Sources

We may obtain information from other sources and combine that with information we collect through our Services. For example, we may collect information about you from third parties, including but not limited to mailing list providers, our business partners you use to access or link to the Services, third-party websites through which you enter contests and promotions, and publicly available sources. [Additionally, if you create or log into your Fesales account through a social media site, we will have access to certain information from that site, such as your name, account information and friends lists, in accordance with your site settings and the authorization procedures determined by such social media site].

HOW DOES FESALES USE THIS INFORMATION?

We use the information we collect to provide, maintain, and improve our Services, such as manage user accounts, send marketing communications, perform analytics and deliver targeted advertising. We may also use the information we collect, including your Personal Information, to:

Send you technical notices, updates, security alerts and support and administrative messages and to respond to your comments, questions and customer service requests;
Communicate with you about products, services, offers, and events offered by Fesales and others, and provide news and information we think will be of interest to you;
Monitor and analyze trends, usage and activities in connection with our Services;
Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Fesales and others;
Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
Facilitate contests, sweepstakes and promotions, process entries and deliver awards; and
Carry out any other purpose described to you at the time the information was collected.

WITH WHOM DOES FESALES SHARE YOUR PERSONAL INFORMATION?

We only share your Personal Information as described below

We work with third-party service providers who perform certain services on our behalf, such as vendors who provide customer service, deliver your orders, handle user reviews, provide us with analytics data concerning our Service, provide marketing assistance, remove repetitive information from customer lists, provide search results and links, process credit card payments. We may provide them with your Personal Information but only so that they can provide us with their services;
We may disclose your Personal Information if requested or required by law enforcement, legal process, or government authorities, but we will do so in accordance with applicable law;
We may provide your Personal Information if we believe your actions are inconsistent with our user agreements or policies, or as we reasonably deem necessary to protect the rights, property and safety of Fesales or others, which may include sharing information with other companies for purposes of fraud protection or investigating or preventing illegal activities;
As part of our business, we may sell or buy other companies or business units, enter into financing transactions, sell company assets, consolidate or merge with other companies. We may be sharing or disclosing your Personal Information in connection with, or during negotiations of, any of these types of business activities;
We may disclose your Personal Information to our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
With your consent or at your direction.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you. For example, we may share a hashed version of your email address to facilitate customized ad campaigns on other platforms.

SOCIAL SHARING FEATURES

The Services may offer social sharing features and other integrated tools (such as the Facebook "Like" button), [which let you share actions you take on our Services with other media, and vice versa]. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

HOW DOES FESALES ADVERTISE AND PERFORM ANALYTICS?

We may allow others to provide analytics services and serve advertisements on our behalf across the Internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by Fesales and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity.

HOW LONG DO WE RETAIN YOUR DATA?

The time periods for which we retain your Personal Information will depend on the purposes for which we use it. We will retain your Personal Information for as long as is necessary to provide the Services or for other legitimate business purposes, unless applicable law requires we either dispose of it or keep it longer. We may also continue to store your Personal Information to allow us to resolve disputes, enforce our agreements, comply with legal obligations and/or for other legally permissible purposes consistent with this Privacy Notice.

WHAT ABOUT INFORMATION OF CHILDREN?

Fesales does not knowingly collect any Personal Information from children under the age of 18. If we discover we have received any Personal Information from a child under the age of 18, we will take reasonable steps to delete that information as quickly as possible. If you believe we have any information from or about anyone under the age of 18, please contact us at [email protected].

WHERE IS YOUR INFORMATION STORED AND PROCESSED?

Fesales is based in the United States and we process and store information in the U.S.

HOW DO WE SECURE YOUR PERSONAL INFORMATION?

We use commercially reasonable measures to help protect your Personal Information from loss, theft, misuse and unauthorized access, disclosure and alteration. While these measures help ensure your data is safe and secure, please be aware no service over the Internet or wireless networks is completely secure against hacks, intrusions, attacks, or other unauthorized access. We cannot guarantee none of these events will occur, so please take care in deciding what information you provide to us.

WHAT CHOICES DO YOU HAVE REGARDING YOUR INFORMATION?

Account Information

You may update, correct or delete information about you at any time [by logging into your online account or emailing us at [email protected]. If you wish to delete or deactivate your account, please email us at [email protected], but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services or to complete transactions on our website.

Promotional Communications

You may opt out of receiving promotional emails or promotional texts from Fesales by following the instructions in those or contacting Customer Service at [email protected]. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations, such as fulfilling pending orders, policy updates or responding to customer service-related requests.

Your California Privacy Rights

Requests to Access or Delete your Personal Information: Pursuant to the California Consumer Privacy Act, Customers in California may request the deletion of, or access to, their personal data. To protect your data from unauthorized access, Fesales requires third party verification of your identity before deleting or granting access to your personal data. To request access or deletion, please scan or take a photo of your state issued driver's license or identification and upload this in the Licenses and Documents section of your account homepage, then submit your request through the Contact Us page using the email function, with the "Print or Delete Privacy Act Eligible Data" reason for your request, or by phoning our Customer Support team. In accordance with the California Consumer Privacy Act, information collected solely for the purposes of legal and regulatory compliance will not be disclosed. Exercising these rights will not create discriminatory behavior by Fesales. Fesales does not sell your personal information.

CONTACT US

If you have any questions about this Privacy Notice, please contact us at: [email protected].

Terms of Sale

PLEASE READ THESE TERMS OF SALE CAREFULLY. BY PURCHASING ANY PRODUCTS PROVIDED BY FESALES, OR OUR SUBSIDIARIES OR AFFILIATED COMPANIES, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SALE, DO NOT MAKE ANY PURCHASES THROUGH OUR WEB SITE.

Fesales and our subsidiaries and affiliated companies (collectively, "Fesales" or "we"), may make products available to you for purchase through our website (the "Site"). Your purchase of any products through the Site is governed by these Terms of Sale ("Terms of Sale"), and are incorporated herein by reference. Terms with their initial letters capitalized and not otherwise defined in these Terms of Sale will have the meaning given to them in our Site Terms.

We reserve the right to change these Terms of Sale at any time and in our sole discretion. If we make any changes, we will provide you with notice, such as by sending an email, providing notice through the Site or updating the date at the top of these Terms of Sale. These changes will not apply to products you have already purchased, but your continued purchase of products through the Site will confirm your acceptance of such changes. We encourage you to frequently review these Terms of Sale prior to making any purchase through the Site to ensure you understand the terms and conditions that apply to your purchase of products through the Site. If you do not agree to the amended Terms of Sale, you must stop purchasing products through the Site.

If you have any questions regarding these Terms of Sale or purchases made through our Site, you can contact us at [email protected].

1 Pricing; Availability; Taxes

All prices are shown in U.S. dollars (except where otherwise noted) and taxes, shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. A product appearing on the Site does not guarantee that product’s stock or availability. In some cases, we may have to cancel a placed order when we determine a product is no longer available. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates.

You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Fesales reserves the right to collect such taxes or other fees from you at any time.

2 Errors

We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not represent or warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, when delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.

3 Pre-Orders

We may offer you the ability to pre-order a product before it becomes available. If you choose to pre-order a product, we will not charge you until the product becomes available and we can ship your order.

4 Out-of-Stock Items

If the color, size or other features of a product you would like to purchase is not shown, or is not selectable, in the relevant drop-down box or list of options on the product's information page, then the color, size or other features is not available for purchase. In the event that the specific product that you would like to purchase is unavailable, please check our Site at a later time as our inventory of products is subject to change.

5 Shipping & Handling; Export

You agree to pay all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges prior to placing an order. In general, we ship all products by economy ground delivery, which may be provided by any number of shipping service providers, unless otherwise indicated on the applicable product page or otherwise directed by you. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. All orders placed through the Site are shipment contracts, not destination contracts. Any shipping or delivery dates or times shown on the Site are estimates only and actual delivery dates and times may vary. We are not liable for any claims or damages resulting from any delays to your receipt of goods. You will not obtain or direct shipment of any product purchased through the Site for export. All our products are for sale in the USA only.

6 Firearm Sales

We do not sell firearms in this site.

7. Ammunition Sales and Powders Materials Sales

Fesales will comply with all the Laws of the State of Texas, the Laws with all States of the Union of the United States of America, and all Federal Laws concerning any of our products on sale in this site.

Fesales only sells ammunition and reloading powders to persons of legal age. Fesales reserves the right to require purchasers with proper identification and permits as required by their state of residency. Fesales will require signature by the shipping company to prove purchaser is of legal age.

States Laws for Firearm Ammunition

As of the date of the production of this document, six states have laws regulating ammunition sales and require background checks: New York, California, Connecticut, Illinois, Massachusetts, and New Jersey. Fesales reserves the right and will comply with any state or federal law as it becomes in effect without notice.

General Shipping Information

All orders will be shipped FedEx Domestic Ground.

All orders must be sent to a physical address. In accordance with the Federal Law, ammunition cannot be sent to a P.O. Box.

Back orders are not allowed on items that are out of stock.

Inventory is taken and is kept as up to date and true as possible. If an item that has been ordered is out of stock, a notification will be sent out immediately to remedy the problem.

Please read all restrictions. Fesales complies with all Local, State, and Federal Governments restrictions. Shipping to restricted areas is not permitted without valid credentials on file, restrictions may be enacted without notice and vary from state to state and from location to location even within some states as shown below. The purchaser's is responsible for knowing his or her own local/state laws before the purchase. It is the purchaser's responsibility to comply with all Local, State, and Federal Laws.

It is unlawful to export without an import license from the country of destination or a proper export license from the U.S. Department of State. Fesales only sells withing the USA.

Any orders placed without the providing the essential documentation will be placed on hold and will be cancelled within 30 days of the customer being contacted if no legal documentation is provided.

It is purchaser’s responsibility to know the applicable laws, all canceled orders will be subject to a 10% fee.

Age Restrictions

Federal law (18 USC 922(b)(1), 27 CFR 478. 99(b)) requires that you must be 21 years or older to purchase handgun ammunition and 18 years or older to purchase rifle ammunition. Fesales will ship via FedEx Ground signature required to assure age compliance. Fesales in person through an agent of Fesales or through FedEx will request a proper valid (not expired) state of residence ID in the form of Driver’s License or valid (not expired) US passport for proper identification and assure compliance with our age restrictions before the tendering of any smokeless powders and/or ammunition, materials will not be given and the sale will be cancelled immediately if the purchaser does not comply with age verification or does not meet the requirements as dictated by US law at the time of pickup or delivery.

United States of America Shipping Allowances and Restrictions for Shipping Smokeless Powders and/or Ammunition Per State

Fesales can ship items to the following states:

Fesales ships to Alabama, Alaska with the exceptions and restrictions as shown below, Arizona, Arkansas, California with the exceptions and restrictions as shown below, Colorado, Connecticut with the exceptions and restrictions as shown below, Delaware, Florida, Georgia, Hawaii with the exceptions and restrictions as shown below, Idaho, Illinois with the exceptions and restrictions as shown below, Indiana, with the exceptions and restrictions as shown below, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts with the exceptions and restrictions as shown below, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey with the exceptions and restrictions as shown below, New Mexico, New York with the exceptions and restrictions as shown below, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Fesales does not ship to Washington DC nor any of the US Territories of American Samoa, Guam, Northern Mariana Islands, Puerto Rico, nor the U.S. Virgin Islands.

State per State Restrictions and Requirements for the sale of Smokeless Powder and/or Ammunition.

Note Fesales will comply with any local, state and US Laws immediately as they become enacted and will reserve the right to modify these restrictions accordingly.

New York

In 2013, New York enacted a law requiring every purchaser of a “commercial transfer” of ammunition goes through a background check before completing their purchase. The background check is conducted through a statewide license and record database. Fesales requires the purchaser to provide a location to perform a proper legal background check location such as FFL licensees and the product will be shipped to the proper location in which a background check must be performed prior to purchaser receiving the products.

California

California as New York requires a point-of-sale background check. Proposition 63 was approved by California voters in November 2016. The law generally requires all ammunition sales to be processed by or conducted through a licensed vendor who will conduct the background check. This includes mail-order sales and sales between unlicensed parties. Fesales requires the purchaser to provide a location to perform a proper legal background check location such as FFL licensees and the product will be shipped to the proper location in which a background check must be performed prior to purchaser receiving the products. No sales of ammunition to the local areas of Oakland and Los Angeles. For sales to Marin County purchaser must provide a CCW Card identification via mail (See our site Contact Information) or email at [email protected] prior to shipping of any materials limited by Marin County laws.

Connecticut

In 2013, Connecticut enacted a law authorizing state agencies to issue “ammunition certificates.” Ammunitions are issued by the state and must be renewed every five years. The law also prohibited the sale or transfer of ammunition unless the purchaser or transferee presents a firearm permit or ammunition certificate. Fesales will require purchaser to send the proper ammunition certificate belonging to the purchaser via mail (See our site Contact Information) or email at [email protected].

Illinois

Illinois residents must obtain a canid Firearm Owners Identification (FOID) card to lawfully purchase or possess firearms or ammunition. FOID cards are valid for10 years. Fesales requires purchaser to send the proper Illinois FOID belonging to the purchaser via mail (See our site Contact Information) or email at [email protected] prior to shipping of any materials limited by Illinois laws.

Massachusetts

In Massachusetts, residents are required to obtain a firearm permit or license to purchase ammunition. Different types of licenses permit holders to purchase and possess different types of ammunition. The three types of licenses are Identification Card (FID), the License to Carry Firearms (LTCA), and a Class 3 or “Green Card” permit for fully automatic firearms. Fesales requires purchaser to send the proper Massachusetts license belonging to the purchaser via mail (See our site Contact Information) or email at [email protected]. prior to shipping of any materials limited by this state’s laws.

New Jersey

New Jersey residents are typically prohibited from acquiring any handgun ammunition unless a valid firearm purchaser identification card or a permit to purchase a handgun is presented. Purchaser identification cards are valid for 90 days from the date of approval and can be renewed for an additional 90 days. An individual can use only one permit to purchase a handgun within 30 days. Fesales requires purchaser to send via mail (See our site Contact Information) or email at [email protected] the proper New Jersey license belonging to the purchaser prior to shipping of any materials limited by this state’s laws.

Other states restrict ammunition access through age limits or restricting certain categories of dangerous people. The table below outlines the restrictions for each state.

Hawaii

We do not sell ammo or smokeless powders to Hawaii unless the purchaser provides a freight company that can ship such items. Hawaii freight charges will be reviewed prior to shipping. If there are any service requirements mandating additional shipping charges customers will be notified in advance of shipping. Taxes are an estimate and are subject to change based on jurisdiction. You will be contacted prior to shipping if there are any freight differences due to location, package weight, etc.

Alaska

We do not sell ammo or smokeless powders to Alaska unless the purchaser provides a freight company that can ship such items. Alaska freight charges will be reviewed prior to shipping. If there are any service requirements mandating additional shipping charges customers will be notified in advance of shipping. Taxes are an estimate and are subject to change based on jurisdiction. You will be contacted prior to shipping if there are any freight differences due to location, package weight, etc.

8 Payment; Credit for Refunds

Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Site). When you provide your payment information, you authorize us (or a third-party service provider working on our behalf) to process and store your payment and other related information. If the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically at any time. You are responsible for resolving any problem we encounter in order to proceed with your order.

9. Returns and Exchanges

Non hazmat materials have a 30-day factory defect warranty. The return shall be sent to the return address in the affixed label of the box fesales sends to the client. Notwithstanding anything to the contrary in this Agreement or with respect to any Fesales warranty policy, you may not return purchased hazmat materials. Hazmat materials, such as powders, primers and ammo cannot be returned by law due to safety reasons.

10 Complaints and Legal Notices

All complaints and legal notices should be mailed to Fesales to [email protected].

11 Limited Warranty

Certain manufacturers may offer a limited warranty on their products, and any such warranty is offered solely through the applicable manufacturer and not by Fesales. Any claim made for a breach of that warranty must be made through the manufacturer. FESALES'S SOLE EXPRESS WARRANTY CAN BE FOUND AT OUR RETURN POLICY AS SHOWN ABOVE, WHICH SUPERSEDES ANY REPRESENTATIONS AND UNDERSTANDINGS CONCERNING THE PRODUCTS THAT YOU RECEIVE FROM FESALES. OTHER THAN PROVIDED IN THIS SECTION 10 AND ANY MANUFACTURER'S STANDARD WARRANTY APPLICABLE TO ANY PRODUCT, ALL PRODUCTS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND FESALES, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF PRODUCTS.

This warranty gives you specific legal rights, and you may have other rights, which vary from state to state. Some states do not allow us to disclaim certain warranties or to place limitations on how long an implied warranty lasts, so some or all of the limitations and disclaimers set forth in this section may not apply to you.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Fesales.

12 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FESALES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF FESALES, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

13 Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FESALES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

You and Fesales agree to arbitrate any dispute arising from these Terms of Sale or the sale and purchase of products from Fesales in accordance with the Terms of Service located above to “Dispute Resolution and Binding Arbitration”, except that you and Fesales are NOT required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. PLEASE READ THE TERMS OF SERVICE CAREFULLY, AS ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

14 Severability

If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.