(Updated: 2/25/18) EKNIVES Terms & Conditions
(a) Please read this Agreement carefully. This Agreement is a legally binding agreement between you (“you” or “your”) and Claymerica, LLC (DBA EKNIVES), a Tennessee limited liability company (“EKNIVES” or “we” or “our” or “us””).
You must be of legal age (18 & up) to order from EKNIVES and 21 to purchase certain restricted items! It is each customers responsibility to know and comply with all local, state, and federal laws based on the area you live in. Before you purchase anything from EKNIVES be sure and check your local laws!
You agree to the following Terms & Conditions and you accept that you meet the following criteria in full. Consult your local laws if you are in doubt before ordering.
You fully understand by placing an order with EKNIVES and by using this site which starts the first day you enter EKNIVES.com you are entering into a legally binding contract with EKNIVES.
Automatic Knives Order Agreement (You Agree You Meet One of the Following Conditions)
Federal law prohibits shipment of automatic knives across state lines, with the following exceptions:
(1) to civilian or Armed Forces supply or procurement officers and employees of the Federal Government ordering, procuring, or purchasing such knives in connection with the activities of the Federal Government;
(2) to supply or procurement officers of the National Guard, the Air National guard, or militia of a state, territory or the District of Columbia ordering, procuring, or purchasing such knives in the connection with the activities of such organization;
(3) to supply or procurement officers or employees of the municipal government of the District of Columbia or the government of any State or Territory, or any county, city or other political subdivision of a State or Territory;
(3a) to manufacturers of such knives or bona fide dealers therein in connection with any shipment made pursuant of an order from any person designated in paragraphs (a), (b), and (c).
Sections 1242 and 1243 of the Act shall not apply to:
(4) any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business;
(5) the manufacture, sale, transportation, distribution, possession, or introduction into interstate commerce, of switchblade knives pursuant to contract with the Armed Forces.
(6) the Armed Forces or any member or employee thereof acting in the performance of his duty;
(7) the possession, and transportation upon his person, of any switchblade knife with a blade three inches or less in length by any individual who has only one arm; or
(8) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand wrist, or arm to overcome the bias toward closure to assist in opening the knife.
Eknives will not sell to any individual or group outside the State of Tennessee without the above conditions being met. This does not apply to automatic knives manufactured, distributed, purchased or sold within the State of Tennessee. Proper identification may be required before the order is shipped in cases where restricted items are purchased.
You agree that by purchasing from this site EKNIVES you are in compliance with all regulatory local, state and federal laws when ordering from our company and that EKNIVES will not be held responsible for any negligence on the customers part for not knowing the laws that govern the purchase of any products from this site.
EKNIVES is not responsible for typographical errors or changes in specifications by the manufacturers. We do our best to keep the information as current as possible but are not always able to. All images and text are the property of EKNIVES, and may not be copied or used without the written permission of EKNIVES. All prices and descriptions are subject the change without notice. Customers are responsible for compliance with their governmental regulations.
EKNIVES RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION ON OCCASION. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. EKNIVES may, but is not obligated to, offer upgrades, updates, and improvements to the Website, and to add or discontinue any products at any time.
We reserve the right to refuse service at our own discretion.
ALL PRICES AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE
All equipment is sold subject to public law 90-351, title III, U.S.D., Section 2511, and any local, state or federal ordinances. Consult your local and state laws before ordering if you are in doubt. Absolutely no sales to minors. By placing an order, the buyer represents that the products ordered will be used in a lawful manner and that the he/she is of legal age.
Also as no product is 100% effective against attack, EKNIVES.com (Claymerica, LLC) assumes no responsibility if a product purchased from us is not effective in preventing bodily injury, dismemberment or death. Anyone attempting to falsify information or defraud our company in any way, will be turned over to the proper authorities. Any attempts at extortion or entrapment will also be met with swift legal action!
Limitation of Liability
Knives and other products sold by EKNIVES.com may be dangerous or even deadly if used haphazardly, illegally or carelessly in any way. When you purchase from EKNIVES you are agreeing to use products intelligently and safely in the manner in which they are intended. You also accept responsibility in making sure these products stay out of the hands of minors at all times. Bottom line, EKNIVES will not be held responsible for negligent careless behavior from the purchaser, assignees, transferees, relatives or personal representatives.
Maintain the integrity of your knife and keep it in top working oder. This means tightening all screws on your knife regularly as they will loosen with continued use causing potential for harm. Butterfly balisong knives have a tendency to loosen with use because of the rotation involved so be sure to tighten screws on your butterfly knives frequently as well as oiling blades and working parts. Take care of you knife and it will take care of you!
*****Knives are dangerous and should only be handled by adults 18 years of age and older. Please keep all of your knives and cutlery out of the reach of children. It is your duty to train those who are not skilled or have no knowledge of cutlery and how to handle it. Please do your part in educating those who are close to you who have no training in handling knives******
EKNIVES offers zero legal advice with regard to the laws that apply to your product purchase from our store. We provide general information herein to you of federal laws that may affect your purchase. It is you, the customers responsibility, as the buyer, and not EKNIVES, the seller, to ascertain and obey all applicable international, federal, state, and local laws regarding your purchase and use of Products.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, eKNIVES disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
EKNIVES does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. EKNIVES does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
In the event that a EKNIVES product is mistakenly listed at an incorrect price, EKNIVES reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. EKNIVES reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, EKNIVES shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by EKNIVES without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
EKNIVES may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to EKNIVES.
Your use of this site shall be governed in all respects by the laws of the state of Tennessee, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of EKNIVES products) shall be in the state or federal courts located in Hamilton County, Tennessee.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of EKNIVES products) must be commenced within one (1) year after the claim or cause of action arises. EKNIVES’ failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. EKNIVES (Claymerica, LLC) may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree to indemnify, defend, and hold harmless EKNIVES its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) you or any other person accessing the site using your Internet account.