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Terms and Conditions

Last Updated: October 10, 2025

These Terms & Conditions (“Terms”) govern your access to and use of the Burn Proof Gear website(s), mobile apps, and services (collectively, the “Site”) and any purchase of products from Burn Proof Gear, LLC / BPG Miami, LLC (“BPG,” “we,” “us,” or “our”). By using the Site or placing an order, you agree to these Terms and to our Privacy Policy (incorporated by reference). If you do not agree, do not use the Site.

1) Eligibility & Legal Compliance

You are responsible for knowing, understanding, and complying with all federal, state, and local laws applicable to your purchase, possession, and use of any product. By purchasing any regulated item (e.g., firearms, frames/receivers, ammunition, magazines, night vision/IR lasers, body armor), you represent and warrant that:

  • You are not prohibited from possessing firearms/ammunition;

  • You are a U.S. person and not subject to OFAC sanctions;

  • You will not export or re-export any product in violation of ITAR/EAR or other export laws.

Florida-specific (informational only):

  • Florida generally requires buyers to be 21 to purchase firearms (limited exceptions may apply).

  • A waiting period may apply (e.g., three days or until background check completion, whichever is later), subject to local rules/exceptions.

  • Magazine capacity restrictions may apply outside Florida; you are responsible for your jurisdiction’s rules.

2) Age-Restricted & Regulated Items

  • Firearms & Frames/Receivers: Must ship to a valid FFL. Federal/Florida law and local ordinances govern eligibility.

  • Ammunition: Ship only where lawful; age limits apply.

  • Magazines/Accessories: Ship only where lawful; capacity limits vary by jurisdiction.

    We reserve the right to cancel any order we believe is or may be unlawful or used unlawfully.

3) Firearm Orders & FFL Transfers

Firearms and serialized receivers must be shipped to a Federal Firearms Licensee (FFL) you designate at checkout.

Process

  1. Provide FFL information at checkout (or within 3 business days after purchase).

  2. We ship to the FFL after verifying license & compliance.

  3. You complete ATF Form 4473 and the background check at the FFL.

  4. If you fail the background check, refuse transfer, or are otherwise ineligible, the firearm is returned to BPG.

Denied/Refused Transfers

  • Original shipping, return shipping, and a restocking fee up to 30% may apply.

  • Firearms cannot be re-routed to a different FFL without our prior approval and any applicable fees.

4) Order Acceptance, Pricing & Availability

All orders are offers to purchase. We may accept, decline, or cancel any order at any time (e.g., suspected fraud, legal restrictions, stock/pricing errors). We strive for accuracy, but errors can occur. If a price or availability error is discovered, we will either:

  • Contact you to confirm at the corrected price; or

  • Cancel and refund your order.

    We may limit quantities/purchases per customer/household.

5) Payment, Taxes & Title/Risk of Loss

  • Applicable sales tax and fees are charged based on shipping address and item type.

  • Title to firearms passes upon lawful transfer at the receiving FFL. Title/risk for non-serialized goods typically passes upon carrier delivery.

  • For international shipments (if offered for non-regulated goods), you are the importer of record and responsible for duties/taxes. We do not export firearms, ammunition, or defense articles.

6) Shipping, Delivery & Signatures

  • We ship via common carriers; estimated delivery dates are not guarantees.

  • Signature may be required for high-value shipments.

  • Inspect packages at delivery and report visible damage to the carrier and to BPG within 48 hours.

7) Returns, Cancellations & Exchanges

We want you satisfied, but regulated items have strict rules.

Firearms / Serialized Receivers

  • All sales are final once shipped to an FFL, except for manufacturer defects or our shipping error.

  • Denied/refused transfers: see Section 3.

Ammunition

  • No returns due to safety/chain-of-custody concerns.

Accessories / Soft Goods / Non-Serialized Items

  • Returnable within 30 days of delivery if new, unused, and in original packaging with an RMA.

  • Exclusions: custom items, clearance/final sale, medical equipment, food, used/soiled gear.

  • Customer pays return shipping unless BPG error. A restocking fee (15%–30%) may apply.

  • Approved refunds are issued to the original payment method.

Cancellations

  • Request promptly; if an order has shipped, standard return rules apply.

8) Product Descriptions, Fit & Modifications

We strive for accuracy but do not warrant that descriptions/specs are error-free. Verify fit and compatibility for your platform/FFL/local laws. Improper installation or modification can cause damage or injury. Follow manufacturer instructions and consider a qualified gunsmith for critical parts.

9) Safety & Training

Firearms are inherently dangerous if misused. You agree to:

  • Follow all manufacturer instructions and safe-handling practices;

  • Secure firearms from unauthorized persons and minors;

  • Seek competent training before use.

10) Export Controls & Sanctions

Many products are controlled under ITAR (22 CFR) or EAR (15 CFR). No export or re-export without authorization. We do not transact with persons/jurisdictions subject to OFAC sanctions or embargoes.

11) Intellectual Property & Site Use

All content on the Site (text, images, logos) is owned by BPG or its licensors and protected by IP laws. You may not copy, modify, or redistribute Site content without written permission. Any user-generated content you share (e.g., reviews/photos) is licensed to BPG on a non-exclusive, worldwide basis to operate and promote the Site and products.

Prohibited Uses include: unlawful activity; scraping; reverse engineering; interfering with Site security; posting infringing/defamatory/obscene content.

12) Optional Tools & Third-Party Links

We may provide access to third-party tools or link to third-party sites we do not control. Access is provided “as is” and “as available,” without warranties. We are not responsible for third-party materials, policies, or practices. Review third-party terms carefully before use or purchase.

13) User Comments, Feedback & Submissions

If you submit ideas, suggestions, proposals, plans, or other materials (“comments”), you agree we may edit, copy, publish, distribute, translate, and otherwise use them without restriction and without compensation, unless otherwise agreed in writing. You are responsible for your comments and agree they will not violate any rights or laws or contain malware/viruses.

14) Site Accuracy; Errors & Omissions

At times, information on the Site may contain typographical errors, inaccuracies, or omissions (e.g., product descriptions, pricing, shipping charges, transit times, availability). We may correct any such errors and update information or cancel orders if any information is inaccurate, at any time without notice.

15) Disclaimers; Limited Warranties

Except as expressly stated by BPG or a product manufacturer, the Site and products are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, BPG disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Some items include manufacturer warranties; those govern remedy and service.

16) Limitation of Liability

To the fullest extent permitted by law, BPG and its officers, employees, and agents will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of the Site or products. BPG’s total liability for any claim will not exceed the amount you paid for the product giving rise to the claim.

17) Indemnification

You agree to defend, indemnify, and hold harmless BPG (and our officers, directors, employees, agents, affiliates, contractors, licensors, and suppliers) from any claims, losses, liabilities, and expenses (including attorneys’ fees) arising from: (a) your breach of these Terms; (b) your violation of law; or (c) your misuse or unsafe handling of products.

18) Termination

We may suspend or terminate your access to the Site at any time for violation of these Terms or for unlawful activity. Obligations accrued before termination (including payment obligations and indemnities) survive termination.

19) Dispute Resolution; Binding Arbitration; Class Waiver

PLEASE READ CAREFULLY. Any dispute or claim arising out of or relating to these Terms, the Site, or any product will be resolved by binding arbitration on an individual basis under the rules of the AAA (or JAMS if AAA is unavailable).

  • Venue & Law: Arbitration will take place in Miami-Dade County, Florida, under Florida law (without regard to conflict-of-laws rules) and applicable federal law.

  • Class/Representative Actions: You and BPG agree to waive class actions and proceed only individually.

  • Small Claims: Either party may bring an individual action in small-claims court in Miami-Dade if within jurisdictional limits.

  • Injunctive Relief: Either party may seek temporary injunctive relief in court to preserve the status quo pending arbitration.

20) Electronic Communications & Signatures

By using the Site, you consent to receive communications electronically, and you agree that electronic signatures and records satisfy any legal requirements for signatures or writings under E-SIGN and UETA.

21) Governing Law; Entire Agreement

These Terms (together with any policies or rules posted on the Site, including the Privacy Policy and Shipping & Returns), constitute the entire agreement between you and BPG regarding the Site and products, superseding prior agreements. These Terms are governed by and construed in accordance with the laws of the State of Florida and applicable federal law.

22) Severability; No Waiver

If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted and the remainder will remain in effect. Our failure to enforce any right or provision is not a waiver of that right or provision.

23) Changes to the Terms

We may update these Terms at any time. Changes are effective upon posting with the “Last Updated” date above. Your continued use of the Site constitutes acceptance of the changes.

24) Contact Us

BPG Miami, LLC

7137 N Miami Ave | Miami, Florida 33150

Email: support@bpgmiami.com

Phone: (305) 204-7038

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