Body Armor Policy
A. Definition of “Body Armor”
As used in these Terms and Conditions, the term “body armor” includes, without limitation, soft armor, hard armor, armor plates, helmets, and any other products that may be considered “body armor” under applicable law (“Body Armor”).
B. Compliance with Laws
SHELLBACK TACTICAL does not promote and does not condone the selling of Body Armor to minors or felons. This is illegal under federal and/or state law. You are solely responsible for determining whether you may lawfully purchase Body Armor from the Website. You are solely responsible for complying with all federal, state, and local laws, ordinances, and/or regulations regarding the sale, purchase, use, and/or possession of Body Armor. SHELLBACK TACTICAL shall not be responsible or liable for any Body Armor purchases made in violation of federal, state, or local law. SHELLBACK TACTICAL reserves the right to refuse to accept or to cancel any orders on the basis that it suspects or determines, in its absolute discretion, that your purchase may violate or threatens to violate any applicable law; except that this right shall not be construed to require SHELLBACK TACTICAL to undertake any investigation or make any determinate as to whether your order complies with applicable law. That is solely your responsibility. By purchasing any of the items that we sell on the Website, including without limitation Body Armor, you are confirming that you have no intent to use that item in a way that would violate any applicable law.
C. Your Representations and Warranties
By placing an order on the Website for Body Armor, you are expressly representing and warranting to SHELLBACK TACTICAL that:
- You are a legal adult of 18 years or older;
- You are a United States citizen, or permanent resident (i.e., greencard holder);
- You are legally allowed to purchase the specified item in your state;
- You are legally allowed to possess the specified item in your state;
- You are not a convicted felon;
- You are not purchasing the item on behalf of someone else in order to avoid complying with or to violate federal, state, or local law;
- You do not intend to and will not export the item outside of the United States; and
- You have no intent to use the item in a way that would violate federal, state, or local laws, ordinances, or regulations.
You understand, acknowledge, and agree that SHELLBACK TACTICAL may reasonably rely on these representations and warranties when accepting and fulfilling your order for Body Armor.
D. Disclosure to Law Enforcement
Consistent with our Privacy Policy, SHELLBACK TACTICAL may share information concerning Body Armor purchases in response to a law enforcement request or court order, or as otherwise required under applicable law.
E. Restrictions on Sales/Shipments to New York and Connecticut
Under New York law, we CANNOT sell or deliver Body Armor to New York unless the purchase is made by a federal, state, or local government agency for the purpose of furnishing such body armor to employees engaged in law enforcement, military, and other “eligible professions” (as defined under New York law and associated regulations). See, e.g., N.Y. Penal Law §§ 270.21–270.22; N.Y. Gen. Bus. Law § 396-eee; N.Y. Exec. Law § 144-a. See also https://dos.ny.gov/body-armor. New York law defines “body armor” as “any product that is a personal protective body covering intended to protect against gunfire, regardless of whether such product is to be worn alone or is sold as a complement to another product or garment.” See N.Y. Penal Law § 270.20.
Under Connecticut law, we CANNOT sell or deliver Body Armor to Connecticut unless the sale and delivery are made to a member of law enforcement or military, or to other eligible individuals (as specified under Connecticut law). See Conn. Gen. Stat. § 53-341b. See also https://www.cga.ct.gov/2009/rpt/2009-R-0401.htm. Connecticut law defines “body armor” as “any item designed to provide bullet penetration resistance and to be worn on or under clothing on the body, like a vest or other article of clothing.” Conn. Gen. Stat. § 53-341b.
If you are located in New York or Connecticut and wish to purchase Body Armor from our Website, you must contact our customer service at (888) 493-1855 or customers@shellbacktactical.com.
F. Body Armor Return Policy
All body armor sales are final. These items cannot be returned as SHELLBACK TACTICAL no longer has chain of custody of the item and cannot guarantee the ballistic integrity.
U.S. Export Regulations
Many items offered on the Website, whether Body Armor or otherwise, may fall under the jurisdiction of the Export Administration Regulations (“EAR”) and/or International Traffic in Arms Regulations (“ITAR”) and may be subject to the export control laws of the U.S. federal government. Export or re-transfer of such items by any means to any foreign (non-U.S.) end user or for any other end use, whether in the U.S. or abroad, without written approval of the U.S. Department of Commerce or Department of State is prohibited.
The sale, transfer, transportation, or shipment outside of the U.S. of any product prohibited or restricted for export without complying with U.S. export control laws and regulations, including proper export licensing, documentation or authorization, is strictly prohibited and may result in civil penalties and/or constitute a federal crime. SHELLBACK TACTICAL will not engage in any transaction that requires the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products. By purchasing a product from SHELLBACK TACTICAL, you agree to comply with US export control laws and regulations (and applicable import laws and regulations, including applicable duties, taxes, and fees) and to indemnify and hold harmless SHELLBACK TACTICAL from any and all liability, including penalties that result from your violations of those laws and regulations.