TERMS & CONDITIONS
Welcome to Hollimans Gun Shop website. The website hollimansgunshop.com.au is owned by Hollimans Group Pty Ltd, trading as Hollimans Gun Shop. This website is operated by Hollimans Gun Shop. Throughout the site, the terms “we”, “us” and “our” refer to Hollimans Gun Shop. Hollimans Gun Shop offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You must be at least 18 years old to order any restricted items from our website. Some locations may have more restrictive laws and you are responsible for knowing and following those laws.
By placing an order with us you are agreeing that you have read our terms and that you accept legal responsibility for owning the item you have ordered in the jurisdiction to which we deliver it.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Restricted goods advertised on the Hollimans Gun Shop website may include firearms, firearms components, ammunition, and knives. You must be eighteen years of age or older to purchase restricted goods advertised on the Hollimans Gun Shop website. Identification checks are conducted as part of the online purchase process, either during the order processing, delivery, or collection of all restricted goods. This applies to the online purchase of any and all restricted goods advertised on our website.
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
Please note that some items are available for purchase both online and in our physical store simultaneously. Therefore, we cannot guarantee a product will be available at the time an online order is placed. In the event that a purchased item is no longer available, we will contact you to arrange a refund, credit or exchange.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Hollimans Gun Shop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Whilst every possible care is taken to ensure that the goods are suitable for the purpose intended, Hollimans Gun Shop accepts no responsibility for damage or injury to property or persons resulting from sales or use of such goods.
It is your responsibility to research the state laws where you live to ensure that any restricted item you think you may wish to purchase from us is lawful under your issued firearms licence, and that the item is legal to be owned in your state. Any firearms sales whether generated through the website or in store require additional security measures. The user will be asked for firearms licence details and an appropriate Permit To Acquire (PTA) as well as a nominated licenced firearms dealer of your choice, to effect the transfer if interstate. The firearm is then transferred between Hollimans Gun Shop and the nominated licenced firearms dealer, and you are required to collect the firearm from your nominated dealer. Your nominated firearms dealer will conduct additional checks, which may include your firearms licence, a permit to acquire, or any other relevant documentation. Prior to any purchase, it is important to speak to your Dealer to confirm his, or her requirements of you.
WARRANTY ON NEW PRODUCTS
All new goods sold shall be warranted by the manufacturer’s/importer’s warranty where so specified, provided the manufacturer's instructions are complied with in all aspects.
Any freight costs will be at the expense of the purchaser unless otherwise agreed upon.
All warranties are considered void if the goods are not used in a proper manner or used for a purpose for which they were not designed or if repairs have been attempted by persons not authorised by Hollimans Gun Shop to carry out such repairs.
All Online Sales must be paid in full, there are NO Laybys for Online Sales.
Any items invoiced at discounted prices will revert to our standard list pricing if not paid for on or before the due date shown on the invoice.
LAYBY (IN STORE / PHONE PURCHASES ONLY)
ALL GOODS SOLD ON "LAY-BY" BASIS SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS
Lay-By is available for transactions of a minimum of $100.00.
All transactions under $300.00 require a 20% deposit and will be held for 6 weeks from the commencement date.
All transactions over $300.00 require a 10% deposit and will be held for 8 weeks from the commencement date.
Lay-by payment instalments are due on a fortnightly basis.
If a lay-by account is cancelled / not paid fortnightly / not paid within the timeframe allocated, Hollimans Gun Shop has the right to return the stock to the shelves.
If the terms and conditions of the lay-by agreement are not met, or a lay-by agreement is cancelled, a cancellation fee of 25% will be applied to the balance paid. The cancellation fee will be deducted from any refund payable on cancellation or breach of the lay-by agreement. Any refund due will only be valid for cancellations made within the specified lay-by period.
If a cancellation is made outside of the 8 week lay buy period because of non-finalisation, either by management or by the purchaser, no refund will be paid. All funds paid to Hollimans Gun Shop for the relative lay-by will be retained by Hollimans Gun Shop for administration, maintenance of the product, warehousing of the product, re-stocking of the product and re advertising of the product for re-sale.
Cancellations due to legal preclusion shall, on presentation of official written documentation thereof, be refunded in full.
Property in any goods supplied by Hollimans Gun Shop will not pass to the purchaser until such time as the goods have been paid for in full and all monies owed to Hollimans Gun Shop are paid in full.
Any items invoiced at discounted prices will revert to our standard list pricing if not paid for on or before the due date shown on the invoice.
FIREARMS SAFE-KEEPING AGREEMENT - TERMS AND CONDITIONS
Hollimans Gun Shop offers a Firearms Safe-Keeping Agreement, should you require Hollimans Gun Shop to hold certain firearm(s) on your behalf in our firearm safe-keeping facility.
Upon signing the Safe-Keeping agreement, you agree to pay a $30.00 transfer fee for a single firearm and $10 for each additional firearm for the initial transfer.
Each additional day after the initial transfer you agree to pay us a $1 holding fee per firearm per day. (I.e. $1 + $1 = $2 for two firearms per day for each day after the initial transfer.)
You will receive a monthly invoice.
You agree to make the required payments on a monthly basis, or in advance.
If you exceed a 90-day period without making the required payments, you agree that the firearm/s automatically become the property of Hollimans Pty Ltd.
For completeness, you will not receive a courtesy call or any other contact reminding you or advising you of this.
If you are making the required payments, your firearms are 100% safe in our possession.
To arrange a Firearms Safe-Keeping Agreement, please click here.
TRANSFER OF PROPERTY RIGHTS
Property in any Firearm sold does not pass to the purchaser until the following conditions have been met by the customer:
• presentation and finalisation of a Valid Permit to Acquire
• all requirements of the Weapons Act 1990 have been satisfied
• the goods have been paid for in full and all monies owed to
Hollimans Gun Shop paid in full.
• An Online Firearm Purchase Form is to be signed and abided by.
RETURNS AND REFUNDS
NO CREDITS, REFUNDS OR EXCHANGES OF PRODUCTS WILL BE ISSUED WITH OUT PRODUCTION OF ORIGINAL SALES VOUCHER OR TAX INVOICE.
Returned Goods must be in ORIGINAL, UNDAMAGED PACKAGING.
Please Note: We are happy to process refunds, where applicable, if ALL of the above conditions are complied with.
We reserve the right to deny a refund or return on a transaction whereby the customer has made an error in their purchase choice and such instances will be assessed on a case by cases basis.
You agree to indemnify, defend and hold harmless Hollimans Gun Shop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of QUEENSLAND AUSTRALIA.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time within these terms and conditions.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service can be sent to us at