Terms and Conditions

June 28, 2023

Early & Modern Firearms Co., Inc.
Terms of Use

Early & Modern Firearms Co., Inc. provides its online services to visitors of its website located at https://www.emf-company.com (“Website”) subject to the following terms and conditions of use.  By visiting this Website, and accessing the materials and services made available to you, you are agreeing to be bound by the provisions of these Terms of Use in their entirety.

 
This Website is owned and operated by Early & Modern Firearms Co., Inc., a California corporation (hereinafter, “E.M.F.”) with its executive office located at 1900 East Warner Avenue, Suite 1D Santa Ana, CA 92705.

We suggest that you become familiar with the terms, conditions and restrictions of these Terms of Use and our Privacy Policy [https://www.emf-company.com/store/pc/-Website-Privacy-Policy-d38.htm]. We also suggest that you periodically review these Terms of Use, as they are subject to revision from time to time, at E.M.F.’s discretion. The date in the upper right hand corner of this page identifies the last date that these Terms of Use were updated.

Copyright.
All content on this Website, including text, graphics, logos, service names, page headers, button icons, images, audio clips, digital downloads, data compilations, scripts, and software, is the property of E.M.F. or its content suppliers, and is protected by United States and international copyright laws.
These elements are our trademarks and trade dress, and they may not be used in connection with any product or service that is not licensed or approved by us.
E.M.F. and its content providers and third-party licensors retain all proprietary rights to the materials made available through this Website, including the copyrights and all other intellectual property rights associated therewith. In addition, the entire content of this Website is copyrighted as a collective work by E.M.F. Except for downloading, storing, viewing and printing limited portions of the materials displayed on, or obtained through this Website for your own personal, noncommercial use, you may not download, store, print, modify, copy, reproduce, translate, perform, display, prepare derivative works based upon, distribute, or otherwise use the materials in any way, without the prior written permission of E.M.F. You must retain all copyright, trademark, and other proprietary notices contained in the original materials on any copy you make of the materials.
This Website, or any portion of it, may not be reproduced, copied, sold, framed, enclosed, used in metatags or hidden text, or otherwise exploited for any commercial purpose without express written consent of E.M.F.  Further, the Website, or any portion of it, may not be used in any way that disparages or discredits E.M.F. or is likely to cause confusion among our customers.

Other Trademarks.
Trademarks appearing on this Website that are not owned by E.M.F. are the property of their respective owners.

Links to Other Websites.
This Website may contain links to third-party websites. These links are provided solely as a convenience to you and do not indicate an endorsement by us of such third-party website or any association with such websites. We are not responsible for the materials on, or practices of any such third-party websites and do not make any representation or warranty regarding the materials on such websites, or the practices of such websites.

Personal Account.
In consideration of your use of this Website, if you will create an account, you will: (i) provide true, accurate, current, and complete information about yourself and your business as prompted by the Website's registration form (such information being the "Registration Data") and (ii) maintain and promptly update such Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or E.M.F. has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, E.M.F. has the right to suspend or terminate your account and refuse your access and any and all current or future use of the Website, or any portion thereof. Registered users will be issued a password to use when accessing their account, making a purchase, posting a comment, or interacting with us through our Website. Each registered user is strictly responsible for any use of their password, and any access or use of the Website through a password will be deemed to be the access or use of the user to which the password was issued. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of this Website.

Registered users may, now or in the future, have the ability to post and/or publish product reviews, comments, discussions, articles, notes or other materials (collectively, "User Comments") on this Website. If you post any such User Comments on this Website, you give E.M.F. a non-revocable, royalty-free permission to copy, display, and otherwise use your User Comments in any way E.M.F. sees fit. You agree not to post any User Comments that are not your original work, and that your User Comments will not infringe any other person's or entity's rights (including rights of intellectual property, publicity and privacy rights, or contractual obligations), nor will any User Comments be libelous or otherwise defamatory. You will hold harmless and defend E.M.F. and its directors, officers, employees, and agents (the "Indemnified Parties") against any claims against the Indemnified Parties that arise out of an actual or alleged breach of your promises and agreements you have made in this paragraph, and you will reimburse the Indemnified Parties for any damages or costs (including reasonable attorneys' fees) that the Indemnified Parties might incur due to an actual or alleged breach of those promises and agreements.
E.M.F. reserves the right to remove, edit and/or refuse to publish any such User Comments, in its sole discretion.
Termination of Your Account or Your Access.

We may suspend or terminate your account and your use of this Website at any time, in our sole discretion. You are personally liable for any acts undertaken or charges incurred through your account prior to termination. We may also block your access to this Website in the event that (i) you breach these Terms of Use; (ii) we are unable to verify or authenticate any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability for you, our users, or E.M.F.

Prohibited Use of this Website.
You are prohibited from doing any act that has the effect of undermining the integrity of our reputation, our computer systems and network infrastructure, this Website, materials displayed on, or obtained through this Website, our services and the method by which we provide our products and services to our users. As a material term of these Terms of Use, You expressly agree that you shall NOT do any of the following:
•    Deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to access, view, select, or copy in whole or in part, any content, program, functionality of this Website, or any other proprietary information or trade secret of E.M.F.’s that is made available through this Website.
•    Deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to your access and use of this Website for any purpose;
•    Deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on this Website, it’s hardware and connections, or prohibits, denies or delays access to this Website by other users or otherwise threatens the continuous services of our ISP’s, suppliers and vendors;
•    Introduce any program, executable file or routine (such as a worm, Trojan horse, cancel-bot, time bomb or virus) irrespective of whether any such program or routine results in detrimental harm to our system or our data;
•    Establish any direct or deep link or other connection to any specific page or location of the Website other than the log-in page for registered users of this Website;
•    Use or attempt to use another user’s account without authorization;
•    Attempt to circumvent any content or functionality filtering methods we employ, or otherwise attempt to access certain aspects of this Website that you are not authorized to access;
•    Any other conduct by you that in our sole discretion restricts, inhibits, or interferes with any other user from accessing and using this Website is expressly prohibited.
Limitations.

This Website is not designed for, and should not be used by, persons under the age of 13. For more information, refer to the Children's Online Privacy Protection Act, enacted April 21, 2000.

E.M.F reserves the right to refuse registration, or refuse or limit access to this Website to any person or entity, in our sole discretion. We may, without notice and in our sole discretion, terminate your right to use this Website, or any portion of thereof, and block or prevent your future access to and use of this Website, or any portion thereof.
Products, Content and Specifications.

•    All features, content, specifications, products, and prices of products and services described or depicted on this Website are subject to change at any time in the sole discretion of E.M.F., without notice. Certain dimensions, weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Photos are provided for general identification purposes only and may show optional or additional pieces for illustration purposes.  Please refer to the product description for details. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time.

•    Early & Modern Firearms Co., Inc. reserves the right to edit, change, or clarify descriptions at any time to correct errors in product listings. In the event of inaccuracies in the description of an item, we reserve the right to remove the conflicting information once notified.

Purchasing/Cancellations/Returns.
By placing an order, you represent and warrant that the products ordered will be used only in a lawful manner.
NOTICE: It is the responsibility of the customer to comply with all applicable federal, state and local laws and limitations related to the purchase, transfer, possession, transportation and installation of any firearms, magazines, ammunition, parts or accessories in the locality in which the customer resides.
Federal law mandates that guns must be shipped to a Federal Firearms Licensed dealer (“FFL”) and that the FFL will ensure that the purchaser can legally purchase and possess a firearm, and will facilitate the transaction.

E.M.F. verifies addresses, Law Enforcement Officer/military/dealer credentials, or for identification checks. High value items and/or orders are automatically placed on hold and an ID will be required prior to shipping. This is to protect customers from fraudulent use of their information/credit cards.  Please keep this in mind when selecting a shipping method.
Note: Any order with a different billing address and shipping address will be held for verification before being shipped.
California Residents Purchasing Ammunition.
Effective July 1, 2019, we can no longer ship ammunition direct to a purchaser located within California.
Effective July 1, 2019, the following new requirements apply to purchasers of ammunition located within California:

1.    All ammunition purchased through our Website must be shipped to a FFL Dealer or a California Ammo Vendor possessing a valid Certificate of Eligibility (“COE”).
2.    Before possession of the ammunition is transferred to you, the FFL Dealer or COE Vendor must conduct a “Standard Eligibility Check” to determine if you are eligible to purchase ammunition. There is a one dollar ($1.00) fee for the Eligibility Check that is assessed by the California Department of Justice each time you purchase ammunition. The Eligibility Check fee is collected by the FFL Dealer or the COE Vendor at the time of transfer. FFL Dealers and COE Vendors also typically assess a transfer fee for conducting the transaction.
3.    You must be twenty-one (21) years of age and a legal resident of California to purchase ammunition within the State of California.
Pricing And Availability.
It is our policy to maintain stable prices at the lowest possible level to our customers. Prices are, however, subject to change without notice. All items on this price list are stocked items; however, at times some items may be unavailable. Orders for "out of stock" items will be placed on back order. Back orders will be shipped upon phone verification.

Payment Methods.
E.M.F. accepts Visa, MasterCard, American Express, and Discover.  

Purchase Information.
Certain information is gathered by the payment method provider you use to purchase any goods or services through this Website, including, but not limited to, your credit card or account number and your name, address and email address. Such information is not captured directly by E.M.F. and is not available to E.M.F. for any purpose. All such information is encrypted before transmission and is not stored on this Website. The capture, storing and use of such information is subject to the terms of the privacy policy of the payment method provider you use for your purchase and we suggest that you familiarize yourself with the terms of their privacy policy.  You agree that E.M.F. will not be liable for any loss or misuse of any information gathered by the payment method provider you select to make your purchase of any such goods or services.

Credit Card Fraud.
For the protection of our customers and E.M.F., orders that appear fraudulent, in E.M.F.’s reasonable determination, may be held for manual review. If necessary, an E.M.F. representative will call you to verify the order. If we are unable to contact you within a reasonable period of time, the order may be canceled.  Manual review may delay the shipment and delivery of your order. E.M.F. reserves the right to cancel any order before it is shipped.

International Orders are NOT Accepted.
E.M.F. does not accept orders or ship any products outside of the United States of America.
Amending Orders.
•    Once you have placed your order, you cannot change or amend it.
•    If your order has not shipped, you may contact our Customer Service Department at 800-430-1310 or Via Link at: (https://www.emf-company.com/store/pc/contact.asp) to cancel the order. You will then need to complete a new order.
Order Cancellation Policy.
Orders placed with E.M.F. may be canceled prior to the item having shipped.
•    All cancellation requests must be made by contacting customer service at 800-439-1310 or  Via Link at: (https://www.emf-company.com/store/pc/contact.asp).
•    You MUST provide the order number when contacting Customer Service via phone or email.
•    If the item/package has shipped, the order may not be canceled and you must follow E.M.F.’s policies and requirements applicable for returning an item(s).
Canceled orders may not be reversed. All cancellations are final.
Refund & Return Policy.
If you have any questions or concerns before placing an order, please contact us: Via Telephone at: 800-430-1310; Via Email at: info@emf-company.com; or Via Link at: (https://www.emf-company.com/store/pc/contact.asp)
•    All sales of headwear and closeout/clearance items are FINAL, and returns are NOT ACCEPTED.
•    E.M.F. cannot verify nor guarantee fitting of any firearm part or accessory. Please check with the manufacturer prior to ordering for proper fitting. E.M.F. will not provide return shipment for firearms parts or accessories that do not fit.
•    Return shipping is solely the responsibility of the customer.
•    If the purchased item(s) is defective or damaged upon receipt, or if the customer is not satisfied with a purchased item(s) and wishes to return it for a refund, the customer may return the item(s) to E.M.F. WITHIN 30 DAYS of the date of receipt of delivery of the purchased item.
E.M.F. will only accept products in an unaltered condition within thirty (30) days of the delivery date for a refund (less shipping).
All returned items must be in the same condition as when they were shipped by E.M.F. and must be returned in original packaging.
The customer will be charged a re-stocking fee of ten percent (10%).  A twenty-five percent (25%) re­ stocking fee will be charged if the items are not returned in resalable condition, as determined at the sole discretion of E.M.F.
Any wooden item (stocks, forends, grips etc.) will be charged a twenty-five percent (25%) re-stocking fee.
Before returning any item, you MUST contact customer service Via Telephone at: 800-430-1310 or Via Link at:  https://www.emf-company.com/store/pc/contact.asp) to obtain a Return Merchandise Authorization (“RMA”) number.

Repairs
•    Please allow up to 30 days after receipt by E.M.F. for a repair to be completed.
•    The owner’s name, address and phone number or email address must be received with the firearm before any repairs are undertaken.
•    E.M.F. will not reimburse repair expenses paid to gunsmiths not authorized by E.M.F.
•    The use of any ammunition other than factory ammunition will void the manufacturer’s warranty.
Your assistance following these procedures will help to expedite the return/repair of your returned item.
Order Tracking.
The tracking number will be emailed to you once the carrier has picked up and scanned the package.  Once you receive the tracking number, E.M.F. cannot re-route or change the shipping address.
Shipping Times.
Depending on high seasonal/holiday order volume, shipping times will vary. In most cases, items are shipped within 24 hours.
•    E.M.F. only ships Monday-Friday.
•    E.M.F. does not offer Saturday Delivery on UPS packages.
•    All firearm orders must be sent “Adult Signature Required”, and will require someone aged 21 years or over to be present to sign for the package.
•    No orders will be shipped on nationally recognized holidays or on any day recognized by the U.S. Postal Service and/or United Parcel Service as a holiday.
•    PLEASE NOTE: Priority Mail shipments usually are delivered within two to three (2-3) business days depending upon your location.
•    However, this time-frame is NOT guaranteed and transit times may exceed two to three (2-3) business days.
•    Note: Once an order’s tracking information shows the order has been delivered, E.M.F. is no longer responsible for the package.
P.O. Box Shipments/Restrictions.

E.M.F complies with all Federal Regulations regarding hazardous material shipped via the United States Postal Service.  A "hazardous material" is any article or substance designated by the U.S. Department of Transportation as posing an unreasonable risk to health, safety, or property during transportation.  This includes, but is not limited to:
•    Minor Blast/Minor Projection Hazard- Ammunition
•    Oxidizing Substances- Batteries
•    Flammable Solids-Black Powder
•    Flammable and combustible liquid- Cleaners, oil, and aerosol cans
If you wish to order any hazardous material, you must provide a physical address for shipment through UPS.

User Communications.
Users of this Website may send emails and other communications to E.M.F. as long as the content of any such communications, in whole or in part, are not illegal, obscene, threatening, defamatory, objectionable, invasive of privacy, infringing of intellectual property rights, or injurious to third parties.
Any online communications to E.M.F. are not permitted to contain or consist of software viruses, commercial solicitation, chain letters, mass mailings, political campaigning, or any type of spam. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of an email or other content. We reserve the right (but do not have the obligation) to remove or edit such submitted content.

Reliability of Content.
We intend that the content on this Website is as accurate as possible. However, we do not warrant that content of this Website is accurate, complete, reliable, current, or error-free.

Affiliates.
E.M.F. does not assume any responsibility or liability for the actions, products or services, or websites of any third parties associated with this Website. You should carefully review their privacy statements and terms of use.

Disclaimer of Warranties & Limitation of Liability.
This Website is provided by E.M.F. on an as-is and as-available basis.
We make no representations or warranties of any kind, express or implied, as to the operation or content of this Website. We expressly disclaim all warranties of merchantability, accuracy of the information contained on the Website, non-infringement, or fitness for a particular purpose.
E.M.F. does not warrant that this Website, its servers, or email sent from this URL are free of viruses or harmful components.  E.M.F. will not be liable for any loss or resulting damages of any type in connection with your use of this Website. You expressly agree that your use of this Website is entirely at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that may result from the download of any materials from this Website.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If those laws apply to you, you may have additional rights.

Copyright Compliance.
To ensure compliance with the Digital Millennium Copyright Act (“DMCA”) (17 USC §§ 512 et. seq.), E.M.F. will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your United States copyrights, you may submit notification in accordance with the DMCA (17 USC 512(c)(3)) by providing E.M.F. with the following information in writing:
•    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
•    Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Website (such as the URL(s) of the claimed infringing material);
•    Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
•    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•    A statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and
•    Your physical or electronic signature.

Please send all written correspondence of alleged infringements to:
Early & Modern Firearms Co., Inc.
1900 East Warner Avenue, Suite 1D
Santa Ana, CA 92705.
Attention: Legal/Copyright Agent

Applicable Law.
By visiting this Website, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that might arise between you and E.M.F.

Disputes.
If you violate or threaten the intellectual property rights of E.M.F., E.M.F. may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you waive any requirement of E.M.F. to post a bond or other security in connection with any such injunctive or other equitable relief. You consent to exclusive jurisdiction and venue in such courts.

Severability.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be severable and will not affect the validity and enforceability of any remaining terms/conditions.

Notices.
All notices regarding any matter pertaining to these Terms of Use, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by email, with a physical copy of such notice sent via United States Registered Mail (return receipt requested), or by a nationally recognized express courier, postage or air bill prepaid.  Notices sent to E.M.F. shall be sent to: Early & Modern Firearms Co., Inc., 1900 East Warner Avenue, Suite 1D Santa Ana, CA 92705. Attention: Legal Affairs. Notices sent by E.M.F. shall be sent via email, with a physical copy sent (by United States Registered Mail or a nationally recognized courier) to the  physical address(es) you provided as part of your registration information. Notice will be deemed effective twenty-four (24) hours after sending of an email, unless returned due to an invalid email address, in which case, notice shall be deemed effective upon receipt of physical copies, as confirmed by United States Postal Service, or courier, as applicable.
California Notice to Consumers.

Pursuant to Section 1789.3 of the California Civil Code (the “Electronic Commerce Act of 1984”), Early & Modern Firearms Co., Inc. provides contact information for the California Department of Consumer Affairs in the event that a purchaser has a complaint with a purchase transaction, or with the website operator: www.dca.ca.gov or call 800-952-5210.
Modification of Website, Privacy Policy, or Terms of Use.
E.M.F. reserves the right to make changes to its Website, its Privacy Policy, and to these Terms of Use at any time without notice.

© 2023 Early & Modern Firearms Co., Inc. All Rights Reserved.