No, if the seller refuses to deal on those terms they must refuse the tendered consideration, which in this case was the purchase price. The seller cannot legally keep the consideration and refuse to perform. But think whatever you like.
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Stay away from Davidson Defense
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Read this!
It is directly from their website AND is still there. This was all the info they had on their website as far as shipping serialized parts at the time of my order. Yes the next day they added a bulletin that they weren't shipping to California. But this is still listed on their terms and conditions.
SERIALIZED PRODUCTS
DAVIDSON DEFENSE IS A DAVIDSON DEFENSE INC. OWNED COMPANY. ALL FIREARMS WILL BE SHIPPED FROM THE DAVIDSON DEFENSE FACILITY.*
There are certain persons who cannot legally receive or possess firearm*
Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;*
Is a fugitive from justice;*
Is an unlawful user of or addicted to any controlled substance;*
Has been adjudicated as a mental defective or has been committed to a mental institution;*
Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;*
Has been discharged from the Armed Forces under dishonorable conditions;
Having been a citizen of the United States, has renounced his or her citizenship;
Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or*
Has been convicted of a misdemeanor crime of domestic violence
Cannot lawfully receive, possess, ship, or transport a firearm. [18 U.S.C. 922(g) and (n), 27 CFR 478.32]
Any nonlicensee (FFL) will have to have any and all firearms (rifles, pistols, receivers, and other serialized parts ) shipped to a FFL NOTE: IT IS A FEDERAL CRIME TO SHIP ANY FIREARM TO A NONLICENSEE (FFL)*
ALL FIREARMS BOUGHT FROM DAVIDSON DEFENSE WILL BE SHIPPED FROM DAVIDSON DEFENSE
All licensed firearm dealers will receive a copy of Davidson Defenses FFL with all orders. All licensed dealers purchasing from Davidson Defense will need to supply a copy of their current FFL.*
Note: NO FIREARMS WILL BE SHIPPED UNTIL WE RECEIVE A COPY OF THE FFL TRANSFER DEALER (FOR NON LICENSED DEALERS)*
Please contact FFL customer service at ffl@davidsondefense.com with any questions.
*
Send all FFL info to ffl@davidsondefense.comComment
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The dealer set the terms. The buyer assumed the risk of those terms and proceeded with the purchase. A deal was struck and the terms of that deal came into effect. Take a contract law class.
Like telling you I wont ship mags to CA and if you do Im going to cancel your order and keep 10% and even though you live in CA you buy them anyway and get mad that I canceled the order and kept 10% cause you didnt listen.
All that is necessary for the triumph of evil is that good men do nothing
"We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm." ---George Orwell on a BBC broadcast, April 4, 1942
"Fast is fine. Accuracy is final. You need to learn to shoot slow, real fast." ---Wyatt EarpComment
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