The Mag Smith | AGD | Air Gun Designs | Automag | Minimag | Custom Mag

Terms & Conditions

1. Agreement with Our Terms and Conditions

By using this site, you agree to accept these Terms & Conditions. Make sure you read these Terms & Conditions carefully, because if you choose to use this web site, you automatically agree to these Terms & Conditions. If you do not agree with our Terms & Conditions, please do not use this web site.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms & Conditions at any time. Please check this page periodically for changes. Your continued use of our web site following the posting of changes to these Terms & Conditions will mean that you accept those changes.

2.Shipping

A. Shipping Guidelines & Timeframes: Orders are processed in the order received.Timeframes are based on daily order volume, shipping destination, and order type.

Parts Orders shipping to US destinations(non-APO/FPO) typically ship within 2-3 business days from receipt of payment. Business hours/days do not include holidays or weekends.
Marker Orders shipping to US destinations(non-APO/FPO) typically ship within 5 business days from receipt of payment. Business hours/days do not include holidays or weekends.
All orders shipping to APO/FPO destinations ship within 5 business days from receipt of payment. Business hours/days do not include holidays or weekends.
International orders ship within 5 business days from receipt of payment. Business hours/days do not include holidays or weekends.
Orders placed and payments received before 5 PM Pacific Time will have an effective order date of the day placed. Orders placed and payments received after 5 PM Pacific Time will have an effective order day of the next business day.
To check order shipping status, please click on the Order Status button located in the top menu bar and input your order information. This is the most up to date information available for your order and can be checked 24 hours a day, 7 days per week. When your order ships, you will receive an e-mail with shipment information. If your order is still within the shipping timeframes listed above, we will gladly answer any e-mail inquiries once this timeframe has passed.

Please note: Orders are processed in the order received. While your order may be a small one and seem as though it can be processed within 24 hours, please consider there are orders ahead of yours(which may include custom-build marker orders and international orders, which take longer to process). Our timeframes take this into consideration to allow for the accurate and expeditious shipping of all orders. While every order is valued equally, orders placed ahead of yours take first priority.

B. Shipping Cost: Cost is determined by destination, weight & value of the items ordered, and the method of shipping chosen. Included in this charge is delivery confirmation or tracking number, packaging & handling, and insured value. We will notify you beforehand for approval of any order that has a significant change in shipping cost.

Please note: TheMagSmith.com reserves the right to modify the shipping charges to any order that did not calculate properly.

C. International Orders: All International Orders are shipped USPS Express Mail, fully insured. All orders are FCA/FOB California. Once goods are delivered into the custody of the United States Postal Service, the risk passes from TheMagSmith.com to the buyer. All claims and required post-shipment documentation for loss or damage are the responsibility of the buyer. TheMagSmith.com will aid the buyer in the processing of USPS Insurance claim required in accordance with USPS guidelines. For whatever reason, should the claim be denied, TheMagSmith.com is not responsible for the loss or damage, or value for reimbursement thereof.
D. APO/FPO/PO Boxes: UPS does not deliver to these destinations. Choose an USPS method of shipping to ship to these locations.

E. Tracking Numbers: Tracking numbers are updated at the end of each business day. They get inputted into the online system at around 5:30 - 6:00 PM PST. The system emails the tracking number to whatever email you entered when you placed the order. If you did not get an email confirmation of your order initially, this means you most likely entered the wrong email address or your SPAM filter did not allow the acceptance of this e-mail. UPS orders can be tracked at www.UPS.com. Delivery can be confirmed for First Class & Priority Mail orders, and can be tracked for USPS Express Mail at www.USPS.com .

3. Payment Methods

A. PayPal/Credit Card: All PayPal Credit Card payments are accepted.

B. Money Order: Money Orders are currently not being accepted as a method of payment.

C. COD: COD ordering is currently not available.

D. Checks: Checks are currently not being accepted as a method of payment.

4. Product Warranty

A. All products are sent out in brand new condition from the manufacturer. If for any reason there is a problem out of the box, or over time with a product, you will have to refer to the manufacturer's warranty. You can contact us to find out how to contact the manufacturer of your product if you are unsure or having trouble doing so.

B. Guns: Any aftermarket modifications to your gun may void your manufacturer warranty. Note that wear and tear from normal use of a marker is common and might result in needing to replace common o-rings and seals. Read all instructions included with your paintball marker and especially take note of recommended maintenance from the manufacturer. This will help maintain your equipment to be as reliable and functional as possible.

C. Neither TheMagSmith.com nor the Product Manufacturer are liable for any shipping charges on a defective/broken product.
D. All warranties are provided by and serviced by the manufacturer of the corresponding product. TheMagSmith.com does not provide any warranty service.

5. Returns

A. Only unused, unopened items may be returned for credit. If you attempted to install, fire, wear or wash an item it is considered used.

B. All items returned to TheMagSmith.com will be subject to a 25% restocking fee. The customer will be responsible for all shipping costs incurred for the item(s) being returned to TheMagSmith.com. . Merchandise must be returned complete with all the original manufacturer's packaging, manual(s), blank warranty cards, miscellaneous parts and accessories. Incomplete returns will be subject to additional charges at our discretion.

C. Prior to shipping any returns to TheMagSmith.com you must e-mail to receive a Return Authorization. Any package shipped to us that we have not given a Return Authorization to will be refused and returned to sender at the senders expense.

D. Any products returned to TheMagSmith.com that do not meet our return requirements will be returned to sender at the sender’s expense.

E. Inspect your products upon receipt. No returns or exchanges accepted after 7 days of receiving shipment.

6.Website Content

TheMagSmith.com is not responsible for typographical errors. Photos are for illustrative purposes only.

7. Treatment of Sales Tax

We are required by law to charge applicable sales tax on products shipped to those jurisdictions that levy such a tax and in which we have a physical location. We currently have locations in California.

8. Local, State, Federal, and International Laws

It is the responsibility of the buyer, not the seller, to ascertain and obey all applicable local, state, federal, and international laws in regard to the possession, use, and sale of any item purchased from TheMagSmith.com. Check with your local law enforcement regarding legality of paintball products in your area.

9. Disclaimer and Limitation of Liability

None of what follows affects in any way our return policy at TheMagSmith.com. If for any reason you are not satisfied with a purchase that you make from our site and you have not used the product please return it. Instructions on how to do so will be included with your order. The following, though, is important information about your use of this site.

THE THEMAGSMITH.COM WEB SITE CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THEMAGSMITH.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

THEMAGSMITH.COM WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT ACCOMPANY OR RESULT FROM YOUR USE OF THIS WEB SITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE WEB SITE OR ANY SITE TO WHICH YOU HYPERLINK FROM THIS WEB SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.

FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

THIS WEB SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. THEMAGSMITH.COM THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY. WE APOLOGIZE FOR ANY INCONVENIENCE.

Additional Points about the Terms and Conditions of this User Agreement

These terms and conditions and the agreement they create, shall be governed by, and interpreted, according to the laws of the State of California. TheMagSmith.com reserves the right to bring any civil action in California, arising from your violation of the terms and conditions of this Agreement.

If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. TheMagSmith.com may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.

Rev. 4/18/07