Terms of Service
Last Updated: November 25, 2024
IMPORTANT: ALL SALES ARE FINAL - NO REFUNDS
Due to the nature of firearms and NFA items, all sales are final. Please read these Terms of Service carefully before making a purchase.
1Acceptance of Terms
Welcome to Michigan Silencer Company ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at www.michigansilencerco.com (the "Site"), and all related services, applications, products, and content provided by us (collectively, the "Services").
BY ACCESSING OR USING OUR SERVICES, CREATING AN ACCOUNT, OR MAKING A PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
These Terms constitute a legally binding agreement between you and Michigan Silencer Company Your use of the Services is also subject to our Privacy Policy, which is incorporated into these Terms by reference. Additional terms may apply to specific products, services, or promotions, and will be disclosed to you at the time of purchase or participation.
BY PLACING AN ORDER THROUGH OUR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY ELIGIBLE TO PURCHASE AND POSSESS FIREARMS AND/OR NFA ITEMS UNDER ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS. YOU FURTHER ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO THE NO REFUNDS POLICY SET FORTH IN THESE TERMS.
2Eligibility Requirements
2.1 Age Requirements
To use our Services, you must be:
- At least 18 years of age to create an account, browse our website, or purchase non-regulated items, ammunition, and long guns (rifles and shotguns)
- At least 21 years of age to purchase handguns, NFA items (including silencers, short-barreled rifles, short-barreled shotguns, and any other weapons)
2.2 Legal Eligibility to Purchase Firearms
By using our Services and placing an order for firearms or NFA items, you represent and warrant that you are NOT:
- Under indictment for, or convicted of, a crime punishable by imprisonment for more than one year (felony)
- A fugitive from justice
- An unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance
- Adjudicated as a mental defective or committed to a mental institution
- An illegal alien or an alien who has been admitted to the United States under a nonimmigrant visa
- Discharged from the Armed Forces under dishonorable conditions
- A person who has renounced United States citizenship
- Subject to a court order that restrains you from harassing, stalking, or threatening an intimate partner or child of such intimate partner
- Convicted of a misdemeanor crime of domestic violence
- Under any other state or federal disability that would prohibit you from possessing firearms
These eligibility requirements are mandated by federal law (18 U.S.C. § 922(g)) and may be supplemented by additional state requirements. It is your sole responsibility to know and comply with all applicable laws. Making a false statement regarding your eligibility is a federal crime punishable by up to 10 years in prison.
3Account Registration and Security
3.1 Account Creation
To make purchases through our Services, you must create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information as prompted by the registration form
- Maintain and promptly update your account information to keep it accurate, current, and complete
- Maintain the security of your password and accept all risks of unauthorized access to your account
- Immediately notify us if you discover or suspect any security breaches related to your account
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree not to share your password or account access with any third party. We are not liable for any loss or damage arising from your failure to protect your account credentials.
3.3 Account Suspension and Termination
We reserve the right to suspend, deactivate, or terminate your account at any time, with or without notice, for any reason, including but not limited to:
- Violation of these Terms
- Suspected fraudulent, abusive, or illegal activity
- Failure of a background check
- Providing false or misleading information
- Chargebacks or payment disputes
- Any other reason we deem appropriate in our sole discretion
4Products and Services
4.1 Product Descriptions
We make every effort to display our products as accurately as possible. However, we do not warrant that product descriptions, photographs, specifications, pricing, or other content on our Site are accurate, complete, reliable, current, or error-free. Colors may vary due to monitor settings and lighting conditions in photographs.
4.2 Product Categories
Our products include, but are not limited to:
- Firearms: Rifles, pistols, shotguns, and other firearms
- NFA Items: Silencers (suppressors), short-barreled rifles (SBR), short-barreled shotguns (SBS), and any other weapons (AOW) regulated under the National Firearms Act
- Ammunition: Various calibers of ammunition for firearms
- Accessories: Optics, mounts, cleaning supplies, cases, and other firearm accessories
- Parts: Firearm parts, components, and upgrade kits
5Pricing and Payment
5.1 Pricing
All prices are listed in U.S. dollars and are subject to change without notice. We reserve the right to modify prices for products displayed on the Site at any time. Prices do not include applicable taxes, shipping costs, or any transfer fees charged by FFL dealers.
5.2 NFA Tax Stamps
The purchase of NFA items (silencers, SBRs, SBSs, AOWs) requires a $200 federal tax stamp payment to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This tax is in addition to the purchase price of the item and is collected at the time of purchase. The tax stamp fee is non-refundable once submitted to the ATF.
5.3 Payment Methods
We accept the following payment methods:
- Major credit cards (Visa, Mastercard, American Express, Discover)
- Debit cards
- Bank transfers/ACH (for certain transactions)
- Other payment methods as may be offered from time to time
5.4 Payment Disputes and Chargebacks
You agree to resolve any payment disputes directly with us before initiating a chargeback or dispute with your payment provider. Initiating a chargeback without first attempting to resolve the issue with us may result in account suspension, collection action, and reporting to credit agencies. We reserve the right to recover all costs associated with chargebacks, including administrative fees, legal fees, and the original transaction amount.
6NO REFUNDS POLICY - ALL SALES ARE FINAL
ALL SALES OF FIREARMS, NFA ITEMS, AMMUNITION, AND ACCESSORIES ARE FINAL. NO REFUNDS, RETURNS, OR EXCHANGES WILL BE ISSUED UNDER ANY CIRCUMSTANCES EXCEPT AS REQUIRED BY LAW.
6.1 Rationale for No Refunds Policy
Due to the highly regulated nature of firearms and NFA items, and for the safety and security of our customers and the public, we maintain a strict no refunds policy. Once an order is placed, the sale is final. This policy exists because:
- Federal and state regulations govern the transfer and disposition of firearms and NFA items
- We cannot verify the condition or safety of returned firearms or ammunition
- NFA tax stamps and ATF processing cannot be reversed once initiated
- Background check and transfer processes cannot be undone
- Ammunition cannot be returned due to safety concerns
- We cannot resell items that have left our custody due to liability concerns
6.2 No Refunds for Firearms
Once a firearm order is placed and payment is processed, the sale is final. No refunds will be issued for firearms regardless of the reason, including but not limited to:
- Change of mind or buyer's remorse
- Inability to pass a background check
- Changes in personal circumstances
- Changes in state or local laws
- Relocation to a state where the firearm is prohibited
- Delay in transfer or shipping
- Dissatisfaction with the product
- Finding a lower price elsewhere
- Any other reason
6.3 No Refunds for NFA Items (Silencers)
NFA items, including silencers, require ATF approval and a $200 federal tax stamp. Once an order for an NFA item is placed:
- The sale is final and no refunds will be issued
- The $200 tax stamp fee is non-refundable once submitted to the ATF
- The ATF approval process typically takes 6-12 months or longer
- No refunds will be issued for delays in ATF processing
- If your Form 4 application is denied by the ATF, the product cost may be refunded minus a 20% restocking fee, but the $200 tax stamp fee is non-refundable
- We are not responsible for ATF denials or processing times
6.4 No Refunds for Ammunition
All sales of ammunition are final. Ammunition cannot be returned due to safety concerns. We cannot accept returns of ammunition for any reason.
6.5 Failed Background Checks
If you fail a NICS background check or state background check, no refund will be issued. It is your responsibility to ensure you are legally eligible to purchase firearms before placing an order.
6.6 Defective Products
In the rare event that you receive a product with a manufacturing defect, you must contact us within 48 hours of delivery. Defective products may be exchanged for the same item if available, or you may be issued store credit at our sole discretion. Defects must be documented with photographs. Products that have been fired, modified, or altered are not eligible for exchange.
6.7 Acknowledgment
BY PLACING AN ORDER, YOU ACKNOWLEDGE AND AGREE TO THIS NO REFUNDS POLICY. YOU UNDERSTAND THAT ALL SALES ARE FINAL AND THAT YOU WILL NOT BE ENTITLED TO A REFUND UNDER ANY CIRCUMSTANCES EXCEPT AS EXPLICITLY STATED IN THESE TERMS.
7NFA Items (Silencers and Regulated Items)
7.1 NFA Overview
Certain items we sell are regulated under the National Firearms Act (NFA), including:
- Silencers (suppressors)
- Short-barreled rifles (SBRs) with barrel length under 16 inches
- Short-barreled shotguns (SBSs) with barrel length under 18 inches
- Any other weapons (AOWs)
- Machine guns (pre-1986 transferable only)
- Destructive devices
7.2 Purchase Process
The purchase of NFA items involves the following process:
- Order Placement: You place an order and pay for the NFA item plus the $200 federal tax stamp fee
- Paperwork Submission: We assist you in completing ATF Form 4 (Application for Tax Paid Transfer and Registration of Firearm)
- Fingerprints and Photos: You provide fingerprint cards (2 copies) and passport-style photographs (2 copies)
- Responsible Person Questionnaire: If purchasing as a trust or legal entity, all responsible persons must complete ATF Form 5320.23
- ATF Submission: We submit your completed application to the ATF
- Wait Period: The ATF processes your application, which typically takes 6-12 months or longer
- Approval: Upon ATF approval, your tax stamp is returned to us
- Transfer: You complete a Form 4473 and background check, and take possession of your NFA item
7.3 ATF Processing Times
ATF processing times for NFA applications vary and are outside of our control. Current wait times typically range from 6-12 months but can be longer. We are not responsible for ATF processing delays, and no refunds will be issued due to wait times.
7.4 State Restrictions
NFA items are not legal in all states. It is your responsibility to verify that silencers and other NFA items are legal in your state before ordering. We will not ship NFA items to states where they are prohibited. Currently prohibited states include but may not be limited to: California, Delaware, Hawaii, Illinois, Massachusetts, New York, New Jersey, Rhode Island, and certain localities within other states.
8Firearms Transfers
8.1 Transfer Requirements
All firearms must be transferred through a Federal Firearms Licensee (FFL). When you purchase a firearm from us:
- You must select a licensed FFL dealer to receive the firearm
- We ship the firearm to the FFL dealer
- You must complete ATF Form 4473 and pass a background check at the FFL dealer
- The FFL dealer transfers the firearm to you upon successful background check
8.2 FFL Transfer Fees
FFL dealers typically charge a transfer fee for receiving and transferring firearms. This fee is separate from and in addition to the price you pay us. Transfer fees vary by dealer and are your responsibility.
8.3 Pickup Deadline
You must pick up your firearm from the FFL dealer within 30 days of the dealer receiving the shipment. Failure to pick up your firearm within this timeframe may result in:
- Storage fees charged by the FFL dealer
- Return of the firearm to us at your expense
- Forfeiture of the firearm and your payment
- No refund will be issued
9FFL Dealer Requirements
9.1 Selecting an FFL
You are responsible for selecting a licensed FFL dealer to receive your firearm. The FFL dealer must:
- Hold a valid Federal Firearms License
- Be willing to accept transfers from online purchases
- Be located in your state of residence (for long guns, the FFL may be in a contiguous state)
- Send us a copy of their FFL license before we ship
9.2 SOT Dealers for NFA Items
For NFA item transfers, the receiving dealer must be a Class 3 Special Occupational Taxpayer (SOT). Not all FFL dealers have SOT status. You must verify that your chosen dealer can receive NFA items before placing an order.
10Shipping and Delivery
10.1 Shipping Methods
We ship products via UPS, FedEx, or USPS depending on the item type and destination. Firearms are shipped via UPS or FedEx to FFL dealers only. We do not ship firearms to residential addresses.
10.2 Shipping Restrictions
We are subject to various shipping restrictions, including:
- Firearms can only be shipped to licensed FFL dealers
- Ammunition cannot be shipped to certain states or via air freight
- High-capacity magazines cannot be shipped to certain states
- Certain products cannot be shipped to P.O. boxes
- We do not ship outside the United States
10.3 Signature Required
All shipments containing firearms or NFA items require an adult signature upon delivery. The recipient must be at least 21 years of age. No exceptions will be made to this policy.
10.4 Risk of Loss
Risk of loss and title for products pass to you upon delivery to the carrier. We are not responsible for lost, stolen, or damaged shipments after the carrier takes possession. You are responsible for filing claims with the carrier for lost or damaged shipments.
11Background Checks
11.1 NICS Background Check
Federal law requires a background check through the National Instant Criminal Background Check System (NICS) for all firearms transfers from an FFL dealer. This background check is conducted by the FFL dealer at the time of transfer, not by us.
11.2 Denied Transfers
If you are denied during a background check, the firearm cannot be transferred to you. As stated in the No Refunds Policy, no refund will be issued for denied transfers. You may appeal the denial directly with the FBI NICS Appeals Services Team or your state agency.
11.3 False Statements
Making false statements on ATF Form 4473 or during the background check process is a federal crime punishable by up to 10 years in prison and/or a fine of up to $250,000. We will cooperate with law enforcement in the investigation and prosecution of any suspected false statements.
12State and Local Restrictions
12.1 Your Responsibility
Laws regarding firearms, NFA items, ammunition, and accessories vary by state, county, and municipality. It is YOUR SOLE RESPONSIBILITY to know and comply with all applicable laws in your jurisdiction. We are not responsible for advising you on state or local laws, and we make no representations regarding the legality of any product in your location.
12.2 Prohibited States and Localities
We do not ship certain products to states or localities where they are prohibited. This includes but is not limited to:
- Silencers to states where they are prohibited
- High-capacity magazines to states with magazine capacity restrictions
- "Assault weapons" to states with assault weapon bans
- Certain firearms features to states with feature bans
- Ammunition to certain states or via restricted shipping methods
13Prohibited Uses
You agree not to use our Services or any products purchased through our Services for any purpose that is unlawful or prohibited by these Terms. Prohibited uses include, but are not limited to:
- Purchasing firearms or NFA items if you are prohibited by law from possessing them
- Purchasing firearms or NFA items on behalf of another person (straw purchase)
- Making false statements or providing false information
- Using our Services to facilitate illegal activity
- Attempting to circumvent age verification or eligibility requirements
- Reselling products without appropriate licenses
- Using firearms or NFA items for any unlawful purpose
- Exporting firearms or NFA items without proper authorization
- Modifying firearms in violation of federal or state law
14Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Michigan Silencer Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
"Michigan Silencer Company" and our logos are trademarks of Michigan Silencer Company You may not use these marks without our prior written permission.
15User Content
Our Services may allow you to post, submit, publish, display, or transmit content, including reviews, comments, photos, and other materials ("User Content"). You retain ownership of your User Content, but by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content.
We have the right, but not the obligation, to monitor, edit, or remove any User Content at our sole discretion. We are not responsible for any User Content posted by you or any third party.
16Disclaimers
16.1 "AS IS" AND "AS AVAILABLE"
YOUR USE OF OUR SERVICES AND ANY PRODUCTS PURCHASED THROUGH OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
16.2 Firearms Safety Disclaimer
FIREARMS AND NFA ITEMS ARE INHERENTLY DANGEROUS. YOU ASSUME ALL RISKS ASSOCIATED WITH THE PURCHASE, POSSESSION, AND USE OF FIREARMS AND NFA ITEMS. WE ARE NOT RESPONSIBLE FOR ANY INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM THE USE OR MISUSE OF ANY PRODUCT PURCHASED THROUGH OUR SERVICES.
16.3 Legal Compliance Disclaimer
WE DO NOT PROVIDE LEGAL ADVICE. INFORMATION PROVIDED ON OUR SITE REGARDING LAWS AND REGULATIONS IS FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT BE ACCURATE OR CURRENT. YOU ARE SOLELY RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL APPLICABLE LAWS.
17Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICHIGAN SILENCER CO., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE OUR SERVICES OR ANY PRODUCTS PURCHASED THROUGH OUR SERVICES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
18Indemnification
You agree to indemnify, defend, and hold harmless Michigan Silencer Company, its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to:
- Your use of our Services or any products purchased through our Services
- Your violation of these Terms or any applicable law
- Your violation of any rights of any third party
- Any false statements or misrepresentations you make
- Any injury, death, or property damage caused by products you purchase
- Any illegal activity involving products you purchase
- Any failure to comply with applicable firearms laws
19Dispute Resolution and Arbitration
19.1 Informal Resolution
Before filing any claim or initiating arbitration, you agree to first contact us at legal@michigansilencerco.com to attempt to resolve the dispute informally. Most disputes can be resolved without formal proceedings.
19.2 Binding Arbitration
IF WE CANNOT RESOLVE A DISPUTE INFORMALLY, YOU AND MICHIGAN SILENCER CO. AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES (EXCLUDING DISPUTES RELATING TO INTELLECTUAL PROPERTY) SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT.
19.3 Class Action Waiver
YOU AND MICHIGAN SILENCER CO. AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
20Governing Law and Jurisdiction
These Terms and any dispute arising out of or relating to these Terms or your use of our Services shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions.
For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Michigan, and you waive any objection to venue in such courts.
21Modifications to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on our Site and updating the "Last Updated" date. Your continued use of our Services after any changes to these Terms constitutes your acceptance of the updated Terms.
22Termination
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms.
Upon termination, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
23Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect.
24Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Michigan Silencer Company regarding your use of our Services.
These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Services.
25Contact Information
If you have any questions about these Terms, please contact us:
Michigan Silencer Company
Attn: Legal Department
Email: legal@michigansilencerco.com
Phone: (555) 123-4567
Address: [Business Address]
Michigan, United States
For customer service inquiries, please contact support@michigansilencerco.com.
?Frequently Asked Questions
FINAL ACKNOWLEDGMENT
BY USING OUR SERVICES OR MAKING A PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING:
- THE NO REFUNDS POLICY - ALL SALES ARE FINAL
- THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS
- THE DISCLAIMERS AND LIMITATIONS OF LIABILITY
- YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS
- YOUR REPRESENTATION THAT YOU ARE LEGALLY ELIGIBLE TO PURCHASE FIREARMS
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES OR MAKE ANY PURCHASES.