TERMS OF USE OF THE WEBSITE AND TERMS AND CONDITIONS OF THE SALE

(the “Terms”)

Applicable for USA excluding the states of CA, NY, NJ, HI, MD and CT

1.           Introduction

1.1        This document provides for the terms of use of the web application enabling the selection and configuration of products, as well as the creation and sending of the order for configured or other products (the “Configurator”), which is located on the website https://www.czconfigurator.com/us/(the “Website”), the terms of use of the Website and terms and conditions of the sale.

1.2        Česká zbrojovka a.s. with its registered office at Svat. Čecha 1283, 6688 01Uherský Brod, Czech Republic, email address: [email protected], ID No. 463 45 965, registered in the Commercial Register of the Regional Court in Brno, Section B, Insert No. 712(“CZUB”) ensures for the territory of the USA (excluding the states mentioned in Article 2.2 of the Terms) only the technical operation of the Configurator and the Website and does not have any influence on the content displayed in the Configurator and on the Website.

1.3        CZUB is not a seller nor advertiser of the products or the content displayed on the Website.

1.4        The content displayed in the Configurator and on the Website for a civil market in the territory of the USA (excluding the states mentioned in Article 2.2 of the Terms) (the “Territory”), including individual products, indicative purchase prices of products and any other information, is the content of the CZUB’s contractual partner, which is Ghost Products, Inc., with its registered office at 110 E. Southern Ave, MESA, AZ 85210, USA, ID No.10951428, registered in Arizona (the “Seller”).

1.5        The Seller is the sole person responsible for the content displayed in the Configurator and on the Website in the Territory. The Seller is the only person entitled to conclude a purchase contract for the products displayed on the Website with the Customer (as defined below).

2.           Terms of access to the website

2.1        “Users of the Website (the “Users”) acknowledge that the Website is intended solely for individuals residing in the United States of America and who are eligible to possess firearms under all applicable Federal, state, and local laws.”

2.2        California, New York, New Jersey, Hawaii, Maryland, or Connecticut. The Users further acknowledge that the Website is intended solely for persons who have reached the age of 21 years prior to accessing the Website. The Website is not intended for any persons (incl. Users who are over 21 years of age) residing in following US states:

2.3        BY CLICKING ON THE RELEVANT BUTTON BEFORE ACCESSING THE WEBSITE, YOU CONFIRM THAT YOU HAVE REACHED THE AGE OF 21 YEARS, YOU CONFIRM THAT YOU ARE NOT RESIDING IN STATES OF CALIFORNIA, NEW YORK, NEW JERSEY, HAWAII, MARYLAND, OR CONECTICUT, AND AGREE TO THESE TERMS. IF YOU HAVE NOT REACHED THE AGE OF 21 YEARS AT THE TIME OF ACCESSING THE WEBSITE AND/OR YOU ARE RESIDING IN ONE OF THE STATES LISTED ABOVE, PLEASE DO NOT ACCESS THE WEBSITE.

2.4        By agreeing to these Terms and accessing the Website, the Users also declare that they will use the Website and any information, documentation or functionality available on the Website in accordance with the valid and effective applicable laws of the Territory.

3.           Terms of use of the website

3.1        The Configurator allows the Users, inter alia, to select and make virtual modifications to a firearm according to the User’s specific requirements within the defined options (the “Configuration”), to save the created Configuration, as well as to share a link to the created Configuration via social networks or electronic mail.

3.2        Every single action performed by the User within the Configuration shall be displayed in the visualisation of the configured products as well as in the indicative purchase price of the configured products. The User acknowledges that the prices of the products displayed in the Configurator do not include applicable state and local taxes and fees and these displayed prices are for informational purposes only. The actual purchase price of the products will be displayed before checkout. Purchase price does not include any expenses, charged to the Customer by their selected FFL, including but not limited to transfer fees.

3.3        All images of the products and their accessories within the visualisation of the products in the Configurator are illustrative. Although the Seller endeavours to make the images of the products and their accessories in the Configurator as real as possible, the images of the products and their accessories may in exceptional cases differ from the actual products and their accessories (e.g., in shade of colour, exact shape, size, etc.). The device you use to access the Configurator, e.g., the quality and resolution of the device’s screen, may also have an impact on the visualisations of the products and their accessories in the Configurator.

3.4        “Hyperlink”). This is without prejudice to the provisions of Article The User may save changes to the selected and modified products and their accessories during the Configuration by entering a valid email address in the designated place, which will be displayed to the User after clicking on the “SAVE CONFIGURATION” button located in the configuration section at the bottom of the Configurator. After entering a valid email address and clicking the “SEND” button, an email will be sent to the email address provided. The email sent will contain a hyperlink and an image of the configured product (the 3.9 of these Terms.

3.5        Clicking on the Hyperlink will redirect a person to the Configurator where a person can continue with the Configuration.

3.6        The User may repeatedly save individual versions of the configured products during the Configuration in the manner set out in Article 3.4 of these Terms. The last saved version of the configured product shall be accessible on the Hyperlink for a period of 30 days immediately following the day on which the last version of the configured product was saved.

3.7        After clicking on the Hyperlink and then continuing with the Configuration, only the last version of the configured product shall be saved after re-saving the configured product. The Hyperlink shall always redirect the person who clicked on it to the last saved version of the configured product, while previous versions shall no longer be saved and no longer be accessible. The Seller may change or cancel the retention period of the configured product at any time at its sole discretion, without being obliged to inform the User of the change or cancellation of the retention period.

3.8        The User also may, after clicking on the “SHARE WITH FRIENDS” button, share the created Configuration with third parties by copying and sending a respective hyperlink to the third party or directly by clicking on the symbols of the selected social networks. The Configurator also allows the User to download the current version of the Configuration in a .png format by clicking on the “DOWNLOAD IMAGE OF FIREARM” button.

3.9        “Users acknowledge that the content of the Website as well as the virtual configurations are intended exclusively for the individuals not residing in the US states listed in Article 2.2 of these Terms, regardless of whether or not they are over 21 years of age. Therefore users may only share links to created virtual configurations with individuals residing in US states not listed in Article 2.2 of these Terms and who are also over 21 years of age.”.

3.10     The Seller shall be responsible for the administration, including the accurate and up-to-date content, of the Website. CZUB shall not guarantee that the data provided on the Website is accurate and up to date. The Website is provided “as is” and no representations or warranties, express or implied, are made in relation to it to the extent permitted by law. Neither CZUB nor the Seller guarantees that the Website will be secure, error-free or free of malware or malicious code.

3.11     The User acknowledges that CZUB in no way guarantees the availability of the Website. The availability of the Website and its individual functionalities may be limited, suspended or cancelled at any time. The content of the Website may be changed or removed by the Seller at any time without any notice.

3.12     The User acknowledges that the use of the Website is at the User’s own risk and, to the extent permitted by law, the User accepts full liability and risk of loss arising out of the User’s use of the Website, including, but not limited to, loss of data. To the maximum extent permitted by law, CZUB shall not be liable for any direct, indirect, special, incidental, consequential or punitive damage, or any other damage related to or arising out of the use of the Website, whether arising in contract, statute, tort (including, without limitation, damage arising out of negligence) or otherwise, even if CZUB was or should have been aware of the possibility of such damage.

3.13     The User acknowledges that the content located on the Website may be subject to copyright protection or other intellectual property rights provided by applicable laws. Any use of the copyrighted works available on the Website is prohibited without the express written authorisation of the author or the executor of the economic copyright. Any use of the designations located on the Website is prohibited without the express written consent of CZUB.

3.14     These Terms do not grant the User any license or other authorization to use the designations, copyrighted works or other intellectual property rights used on the Website.

4.           Terms and conditions of the sale

4.1        The Configurator allows the User who intends to purchase a product (the “Customer”) to use an online tool through which the Customer can send a binding order for the configured product in the Configurator directly to the Seller.

4.2        If the Customer chooses to create and send the order for the products, the process of creating the order begins by clicking on the “PROCEED” button. Clicking on that button shall take the Customer to the electronic order basket section (the “Basket”), within which the Customer can further create and send the order for accessories or other additional product services, if available in the Basket. The Customer shall subsequently continue the process of creating the order directly from the Basket by clicking on the “PROCEED TO ORDER” button.

4.3        It shall not be possible to create the order for accessories or other additional product services via the Website without creating the order for the product.

4.4        marked with an asterisk (*) in the order form. The order form shall contain in particular the following information:In the next step, the Customer shall fill in all mandatory fields

(a)      the ordered products;

(b)     the Customer’s name and surname;

(c)      the Customer’s email address;

(d)     the Customer’s telephone number;

(e)      the Customer’s contact address (street, postal code, municipality, postcode and country);

(f)      the business name of a licensed dealer (Federal Firearms License (FFL)) selected by the Customer.

4.5        The Customer shall select and make appropriate arrangements with an FFL dealer located in the US state of the Customer’s residency prior sending the order for the products to the Seller. The Customer shall ensure the selected FFL dealer is willing to perform the transfer of the products ordered by the Customer from the Seller. The Customer shall be liable for paying any fees charged by the FFL dealer under the terms and conditions agreed between the Customer and selected FFL dealer.

4.6        In addition to filling in all mandatory fields marked with an asterisk (*) symbol, in order to continue with the creation of the order, the Customer must check the appropriate box to confirm that he/she has read and understood the Terms and Privacy Policy.

4.7        Clicking on the above button shall complete the process of creating and sending the order. By clicking on the “SEND ORDER”, the Customer acknowledges that the information listed in Article Before sending the order, the Website interface shall provide the Customer with the opportunity to check the binding order and to change the data entered by the Customer in the process of creating the order. The Customer shall send the order to the Seller by clicking on the “SEND ORDER” button. 4.4 of these Terms will be automatically sent to the Seller and CZUB.

4.8        The Customer further acknowledges that by clicking on the “SEND ORDER” button:

(a)      The Customer confirms that he/she is fully entitled to purchase and possess the products ordered from the Seller and the person paying for the products is the same person who will be completing the form 4473 at the selected FFL dealer.

(b)     The Customer has prearranged the transfer of the products ordered from the Seller with the FFL dealer selected by the Customer and agreed on terms and conditions (incl. transfer and/or other fees) of such transfer with such FFL dealer.

(c)      The Customer shall pay the full purchase price for the products to the Seller directly via the payment gateway embedded in the Configurator after the order to the Seller is sent. A purchase contract between the Customer and the Seller shall be concluded when the full purchase price for products is credited to the bank account of the Seller.

(d)     The title to the products does not pass from the Seller to the Customer until such time as the products ordered from the Seller are conveyed to the Customer by the selected FFL dealer in full compliance with federal, state or local applicable law (including any applicable waiting periods).

(e)      The Customer shall take possession of the products ordered from the Seller at the place specified by the FFL dealer selected by the Customer.

(f)      If for any reason, or no reason, the products ordered from the Seller are not transferred by the selected FFL dealer to the Customer within 30 days from the date that the products were received by the FFL dealer selected by the Customer, the Customer shall be deemed to have cancelled the purchase contract and relinquished any and all right to the products and/or any refund of any portion of the purchase price.

4.9        The Seller shall transfer the products ordered by the Customer to the FFL dealer selected by the Customer. The Customer acknowledges that neither the Seller nor CZUB shall be liable, to the maximum amount permitted by applicable law, for any errors concerning the transfer of the products to FFL dealer selected by the Customer.

5.           Personal data protection

5.1        The User/Customer acknowledges that the User/Customer’s personal data may be processed during the User’s visit to the Website. The personal data processing shall be governed by the Privacy Policy and the use of cookies shall be governed by the Cookies Policy.

6.           Contact details

6.1        In case of any questions or complaints regarding these Terms, the User/Customer may contact the Seller by email at: [email protected]; by telephone at: 480 969 1311; or by mail delivered to the address: 110 E. Southern Ave, MESA, AZ 85210, USA . The Seller shall send information on the handling of the User/Customer’s inquiry or complaint to the User/Customer’s email address provided by the User/Customer for this purpose.

7.           Final provisions

7.1        Any relations arising in connection with the User’s access to the Website and/or the purchase contract concluded by and between the Customer and the Seller under these Terms shall be governed by the law of the State of Kansas without regard to conflict of laws.

7.2        The Seller may amend these Terms at any time at its sole discretion. The currently valid version of the Terms is available before entering the Website as well as at the relevant place on the Website.

7.3        If any provision of these Terms is or becomes invalid or ineffective, the provisions whose meaning is as close as possible to the invalid provisions shall apply instead of the invalid provisions. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions of these Terms.

7.4        These Terms become valid and effective on November 15th 2022