TERMS OF SERVICE
This website is operated by Defender d.o.o. (or “Defender”); the online e-commerce platform that allows us to offer the products and services for sale on this site. The terms “we”, “us” and “our” refer to Defender. Your use of this website and access to all information, tools and services available from this site is expressly conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. It is solely the user’s responsibility to determine and obey applicable federal, state, county and other local laws and regulations (including minimum age requirements) related to the purchase, possession and use of any Byrna or third-party product purchased from our store. Defender makes no representation or warranty that this site, any product offered for sale on this site, or any other material contained herein is legal to own or use, appropriate, or available for use in any jurisdiction outside Slovenia. Defender does not intend, by operating this site, to subject itself to the laws or jurisdiction of any state, country or territory other than that of Slovenia.
Please read these Terms of Service carefully before accessing or using our website. 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, except where prohibited by law. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER, YOU MAY NOT ACCESS OR USE OUR SITE OR 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; however, any changes to the dispute resolution provisions set forth below will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the site. It is your responsibility to visit this page when using the site to review the current Terms, as they are binding on you. Your continued use of the site after any modifications indicates your acceptance of these Terms, as modified. The “Effective as of” date sets forth the date these Terms were last updated. 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos, video and audio clips, images, digital downloads, data compilations, button icons, and software, is the property of Defender or its content suppliers and protected by EU and international copyright laws. The compilation of all content on this site is the exclusive property of Defender and protected by EU and international copyright laws. All software used on this site is the property of Defender or its software suppliers and protected by EU and international copyright laws.
TRADEMARKS
Defender logo designs and any other trademarks and/or service marks displayed on our website are either registered trademarks or common law trademarks of Defender or its subsidiaries, in the EU and other countries. The entire contents of the website, including without limitation, all information, software, code, data, text, displays, images, video and audio, logos, slogans, trade names, product/service names, domain names, and the design, selection and arrangement of the website as a collective work and/or compilation is protected by EU and international laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights, and is owned, controlled and/or licensed by Defender or its subsidiaries, in the EU and other countries. These trademarks and trade dress may not be used in connection with any product or service that is not manufactured for Defender or offered for sale by Defender in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Defender. Any trademarks not owned by Defender or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Defender or its subsidiaries.
LICENSE AND SITE ACCESS
Users of this site are granted a limited license to access and make personal use of its content. Any unauthorized use or use for any impermissible or prohibited purpose terminates the permission or license granted herein. Users are expressly prohibited from any resale or commercial use of this site and/or the information reflected herein including product listings, descriptions or prices whether for personal profit or for the benefit of any third-party seller. Except as may occur incidentally to facilitate use of the site by caching pages, no user may download or alter the site or any content, part or portion hereof without the express written consent of Defender. This limited use license does not include the right to collect and make use of any Defender or other product listings, product descriptions, prices, or other content whatsoever. It is prohibited to make any derivative use of this site or its content in whole or part. Downloading or copying of account information is strictly prohibited as is of data mining, robots, or any data gathering or content extraction whatsoever. No portion of this site, including but not limited to images, trademarks logo and other proprietary information may be copied, reproduced, sold, or used in any manner whatsoever for the commercial purpose or benefit of anyone other than Defender without the express written consent of Defender. Framing, meta tags or any other “hidden text” capturing, copying or using the Defender name or is strictly prohibited. You must obtain express written permission from Defender in order to use any Defender trademark, image or graphic contained on this site in any hyperlink or otherwise and before creating any link to any page of www.defender-byrna.eu. To the extent that Defender consents in writing to any use of information including trademarks, graphics and proprietary images herein, users must ensure such permitted use is undertaken and maintained only in ways that do not portray Defender, its affiliates, or their products or services inaccurately or misleading, derogatory, or offensive manner. Nothing herein prohibits page caching in the ordinary course to facilitate the use of the site or access to the information contained herein.
AGREEMENT TO ABIDE BY TERMS OF SERVICE
By agreeing to these Terms of Service, you represent that you are at least the age of 18 years, or of majority in your country and agree that you will only use our products safely and in accordance with manufacturer’s instructions, and that you will not use our products for any illegal or unauthorized purpose nor will 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. If we become aware of that you have breached or violated any of the Terms (including by misrepresenting your age) it will result in an immediate termination of the Services including cancellation of any pre-order or order you have placed and any account or registration in your name.
GENERAL CONDITIONS
We may provide opportunities for product review, comment, questions, videos, contest entries, or other content to be posted on this site. You agree that any content provided by you, including but not limited to the foregoing (but not including credit card information which is always encrypted during transfer over networks), may be transferred unencrypted over multiple networks, or altered to meet the technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit this website or its content in any manner whatsoever without the express written permission of Defender. The headings used in this agreement are included for convenience only and are not intended to and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
Defender reserves the right to modify the contents of this site at any time but undertakes no obligation to update any information on our site. All information including written content, renderings, graphics and videos, that is contained on this site is provided for general information only and should not be relied upon or used as the sole basis for making purchasing decisions without consulting primary, more accurate, more complete, or more timely sources of information. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. Products as shipped may have been updated and have differences from their renderings on this site. Applicable laws, regulations and practices may change over time or due to intervening events. Any reliance on the material on this site is at your own risk.
By purchasing any product from Defender you agree that it is solely your responsibility to monitor changes to our site for new or different information, updated manuals, recalls, or warnings and to monitor all applicable laws relevant to your purchase of our products and ownership and use of products purchased on our site. It is your responsibility to understand and to monitor the laws and regulations applicable in all venues where you intend to ship, store, and use our products.
PRICING AND AVAILABILITY OF PRODUCTS
Sales on www.defender-byrna.eu to customer is a domestic transaction and not for export outside the EU
All prices are shown in EUR (Euro) and applicable taxes and other charges, if any, are additional. Notwithstanding the site’s listing of products for sale Defender reserves the right to cancel orders or refuse service for any reason at any time. Our prices are subject to change without prior notice and special and introductory discounts or pricing may be discontinued at any time or refused at our sole discretion with respect to any order.
All of our products are subject to availability, and we reserve the right to impose quantity limits to reject all or part of any order, to discontinue offering certain products, and to substitute products without prior notice. Sales or shipping of our products may be refused to any person, household, geographic region or jurisdiction. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased by certain persons, households or per order or require additional information from you or verification of information provided by you before an order receipt acknowledgment or can be sent or before shipping your order. 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 unauthorized distributors.
Before purchasing, the buyer must inquire personally about the regulations in force in his country of residence, in particular with regard to air weapons, personal defenses or other items like projectiles on offer on the website. www.defender-byrna.eu shop is not liable for any breaches of the rules or laws of the country where the customer resides. The buyer assumes full responsibility for the purchase.
If applicable, a charge or credit may be posted to your account for the difference in price, or if no products can be shipped to that address the order will be cancelled. 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 or any product.
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 Warranty.
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, ORDER, AND SHIPPING INFORMATION
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, including pre-orders and as applicable, your “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your order. If you want to change or update your payment method information, you can do so at any time by logging into your account or by emailing info@defender-byrna.eu. If a payment is not successfully settled, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
You agree to provide current, complete and accurate purchase and shipping information for all purchases made at our store. You agree to promptly update your orders, 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.
ACCOUNTS
You may be required to create an account to access or use certain areas of the Site or to modify an existing order. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account, and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify us immediately of any unauthorized access or use of your account or password, or any other breach of security.
ELECTRONIC COMMUNICATIONS
When you visit www.defender-byrna.eu or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
OPTIONAL TOOLS
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.
THIRD-PARTY LINKS
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.
PERSONAL INFORMATION AND PRIVACY
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here.
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.
PROHIBITED USES
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.
MINIMUM AGE TO PURCHASE A BYRNA HD
We do not sell to persons under 18 under any circumstances. Some localities may regulate purchase, possession and use by persons under 21. It is your responsibility to check applicable local laws before purchasing a Byrna HD/SD or any other product that is on our internet website. Before purchasing, the buyer must inquire personally about the regulations in force in his country of residence, in particular with regard to air weapons, personal defenses or other items like projectiles on offer on the website. www.defender-byrna.eu shop is not liable for any breaches of the rules or laws of the country where the customer resides. The buyer assumes full responsibility for the purchase.
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NAČIN NAKUPA / SPREJEM NAROČILA / SKLENITEV POGODBE
Customer may only order products that are in the Defender electronic catalogue at the time of order and can be viewed online at www.defender-byrna.eu (URL) as described in the relevant information sheets. It is understood that the image accompanying the description of the product and the description itself may not quite represent its characteristics, but may differ in colour, size, accessories present in the image.
By order being placed, the buyer sends Defender an offer to buy the selected product or products and declares that he is of age and is 18 years old. Defender confirms the correct receipt of the order by replying by e-mail sent to the email address communicated by the customer. The answer generates the system automatically and cannot in itself be regarded as acceptance of the order, but only the confirmation of receipt of the contract. This confirmation message will contain the date and time when the order is to be carried out and the order number that will be used for further communication with Defender. The Communication reiterates any information entered by the contracting authority, which undertakes to verify its correctness and to communicate any corrections in real time; Defender reserves the right to accept the buyer’s purchase offer. In case of non-entry of the order, Defender will notify the customer immediately by e-mail.
The order is only sent when all the required products are available. Therefore, partial shipments are not carried out.
PAYMENT METHODS
We use a secure SSL payment system for credit card transactions. In fact, when confirming their order, the customer will be directed to a secure server managed by PayPal.
Your credit card information will be transferred via a secure socket layer (SSL) connection for authorization and debit. This system ensures that no one can read in any way the information sent overthe Internet.
UNDER NO CIRCUMSTANCES DOES THE SELLER KNOW THE CREDIT CARD NUMBER. We will only be notified of the outcome of the operation and the authorization by the card manager. This process is completely safe and fully guarantees both the buyer and the seller.
The SSL-Secure Socket Layer protocol is a protocol developed by Netscape for private downloading of documents over the Internet. SSL works by using a symmetric key to encrypt data that is transmitted over a connection.
On the client computer, both Netscape Navigator, Mozilla Firefox and Microsoft Internet Explorer support SSL, so most websites use SSL to obtain confidential information from users, such as credit card numbers.
The server should be secure if it can provide encryption of confidential and sensitive data using the standard method.
How to identify a secure SSL server?
A secure server is recognized when the start of a web page request starts with https:// Usually the start of the http:// (without “s”)
VERISIGN CERTIFICATES
Certification Server, also called digital certificates, creates a link between identity and a pair of electronic keys that can be used to encrypt and sign digital information. The server certificate allows you to check the statement of anyone who claims to have the right to use a specific key. Server certificates used in connection with encryption provide a comprehensive security solution that ensures the identity of one or all of the customers involved in the transaction.
The server certificate is issued by a trusted third party, a named certification authority (CA). The application of CA is similar to that of the Passport Office. CA must take measures to identify the individuals or organisations to which they issue certificates. Once CA has established the identity of the organization, it issues a certificate containing the organization’s public key and signs it with a private CA key. By using the server certificate, you will allow the Web page to perform encrypted and authenticated online transactions. Visitors to the website will be able to enter their credit card number or other personal information with the assurance that they are really dealing with you (and not the fraudster) and that only the authorised recipient can intercept or decrypt the information they send.
The VeriSign server certificate will contain the following information:
a) Name of the organization (e.g.: www……….)
b) Additional identification information (e.g. IP address or physical address)
c) Key expiration date
d) Name of CA issuing the certificate
e) Unique serial number
f) Digital signature
e) Payment by credit card In the case of purchase of goods with credit card payment methods, together with the conclusion of an online transaction, the reference bank will only authorize payment of the amount relating to the purchase made. The amount relating only to the goods sent will only be charged to the customer’s credit card only after the goods have been dispatched by the seller.
In the event of cancellation of the order and if it is not accepted by the seller, the contextual request will result in the cancellation of the transaction and the release of the amount awarded. When the transaction has been cancelled, the seller cannot in any event be liable for any damage, directly or indirectly, caused by the delay in the non-release of the amount allocated by the banking system.
If the buyer’s order is processed after the expiry date, the seller will contact the buyer before processing the order in order to request a new debit authorization or to agree to different payment methods.
For greater warranty and security of the customer, the online store cannot obtain customer credit card information during the purchase process, which is transmitted directly to the website of the bank managing the transaction via a secure link. No such data will be stored by any of our computer archives. The Seller cannot therefore be held liable for any fraudulent or illegal use of credit cards by third parties after payment of products purchased on our website.
CANCELLATION OF THE ORDER
The order can be cancelled within 24 (twenty-four) hours of delivery. To report it, you must send an e-mail to: info@defender-byrna.eu. However, the right to cancel the order is excluded for the customer if defender has explicitly ordered the goods to his supplier and the latter has not accepted the cancellation of the order or if the goods have been entrusted to the carrier for dispatch.
METHODS AND DELIVERY COSTS
For each order placed, Defender issues an invoice for the material shied away, and the bill is authentic information provided by the customer at the time of the order. Customers/Companies who did not provide their VAT number at the time of the order will no longer be able to change even the invoice issue after the order has been processed.
Defender cannot be attributed any liability in the event of a delay in the order or non-supply of the order by the carrier due to force majeure from the order and sent.
When delivery of the goods by the courier/carrier, the contracting authority shall be obliged to verify:
a) whether the number of packages delivered corresponds to that indicated in the movement document b) that the packaging is intact, intact or wet or otherwise modified; also adhesive tape, etc.
Any damage to the packaging and/or product or discrepancy << in the number of packages or indications must be notified without delay by writing and accepted with reservation on the courier/carrier delivery certificate and stating the ‘reason’ of this- »Reserve«(e.g. »I accept the damaged package with a reserve«).
Once the courier/carrier document has been signed, the customer can no longer object to the external characteristics of the delivery. The carrier shall also be liable for the delay in the delivery of the goods to the consignee.
In the cases referred to above, defender must be regarded as exempt from any liability for loss or damage (injury) of the goods from the moment it is delivered unreservedly to the transport carrier.
Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported to the courier/carrier within 7 days of delivery by registered post.
From the moment he receives damaged goods or requests their return to the carrier, he shall directly and exclusively sue the carrier himself.
The cost of sending the ordered goods is borne by the buyer.
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ČASI DOSTAVE
Delivery times of the goods depend on the availability of the products ordered. The goods will be dispatched from Defender via the International Express Courier Service and will be delivered at an average time of 3-7 business days from the order date. In specific cases, if there are problems with the availability of products, the order will be processed/shipped within 14 business days, in the above case, Defender will specifically notify you of the accident by sending an e-mail.
As a formality, the exact act of sending will be marked with »tracking number« – »shipment control« (day and time of dispatch) from the sender to the consignee of the ordered goods, which will be communicated by e-mail to the customer themselves.
Delivery times represent the time normally required for the delivery of products and are given only for indicative purposes, without the assumption of any undertaking or guarantee of compliance by Defender.
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PERMISSIBLE USES:
The Byrna HD/SD is intended for use by adults for personal self-defense or sport where and as permitted by applicable laws. It is not intended to be used as an offensive weapon. The Byrna should never be pointed at a police officer or other law enforcement personnel acting in their professional capacity. We do not recommend drawing it other than as needed for self-defense as it may be perceived to be a firearm and put you in jeopardy. You should not use the Byrna in furtherance of a crime or brandish it recklessly or intentionally to threaten or injure any person except where permitted in reasonable defense of person or property. While the Byrna HD/SD is a non-lethal device, it is still a dangerous weapon and if used improperly can result in criminal and/or civil liability.
The Byrna may not be “carried-on” on commercial airlines. Before travelling always check individual airline and airport rules as well as local laws and regulations for all points of embarkation and disembarkation.
Important Safety Notice
It is the buyer’s responsibility to accept all responsibility for the use of the Byrna devices. It is important that you carefully read and understand all instructions, safety considerations and warnings in the product manual before unwrapping or attempting to operate the device, including but not limited to those related to use of the safety mechanism, loading and identification of the rounds, the safe use and storage of the launcher, rounds, and CO2 cannisters, and recommendations concerning discharge and travel with your Byrna.
Buyer’s Acknowledgment, Certification, Waiver, and Indemnification
Defender is not responsible for any physical harm or damage from the use or misuse of any devices or rounds purchased from us.
By purchasing any product, including a self-defense device or self-defense projectiles from us, you understand that Byrna does not warrant that you may legally purchase, possess, or carry these products according to any state or local laws. By purchasing a Byrna HD/SD the buyer represents that he is at least 18 (21 if required by local law), that he is not prohibited from owning or using a Byrna under relevant state or local law or regulation or pursuant to any court order, that he intends to use his Byrna solely for self-defense or sport, that he understands and agrees to comply with all state and local laws related to its ownership, possession, and use, and that he will read all packaging, manuals and labels, comply with all safeguards and notices, and follow all instructions and warnings. The buyer, on behalf of himself and on behalf of his employers, employees, agents, executors, successors, and heirs, waives any and all claims whatsoever, whether at law or in equity (and including any claim of negligence or torts), against Defender, and all of its subsidiaries, affiliates, parents, directors, officers, shareholders, successors and assigns, arising from or related to his purchase, ownership, use, or discharge of its products. Moreover, the buyer, on behalf of himself and any of his executors, successors and heirs, expressly agrees to indemnify and hold harmless Defender, and all of its subsidiaries, affiliates, parents, directors, officers, shareholders, successors and assigns against any and all claims and expenses (including attorneys’ fees) whatsoever resulting directly or indirectly from the purchase, ownership, and use or misuse of the item in compliance or in violation of laws or regulations.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of any 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 Defender, 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.
Without limiting the foregoing, Defender expressly disclaims all liability for claims that are due to normal wear, product misuse or abuse, product modification, improper product selection, non-compliance with any law, code, or regulation, or misappropriation (including the unauthorized access or misappropriation of your personal information.
INDEMNIFICATION FOR BREACH OF TERMS OF SERVICE
You agree to indemnify, defend and hold harmless Defender, and our parents, 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.
BUYER’S ACKNOWLEDGMENT, CERTIFICATION, WAIVER, AND INDEMNIFICATION RELATED TO THE USE OR MISUSE OF PRODUCTS PURCHASED FROM Defender.
Defender is not responsible for any physical harm or damage from the use or misuse of any devices or rounds purchased from us.
By using the Services, including purchasing any product, including a self-defense device or self-defense projectiles from us, you understand that Defender does not warrant that you may legally purchase, possess, or carry these products according to any state or local laws. By purchasing a product from us the buyer represents that buyer is at least 18 (21 if required by local law), that he is not prohibited from owning or using products that are offered under relevant state or local law or regulation or pursuant to any court order, that he intends to use his Byrna solely for self-defenseor sport , that he understands and agrees to comply with all state and local laws related to its ownership, possession, and use, and that he will read all packaging, manuals and labels, comply with all safeguards and notices, and follow all instructions and warnings. The buyer, on behalf of himself and on behalf of his employers, employees, agents, executors, successors, and heirs, waives any and all claims whatsoever, whether at law or in equity (and including any claim of negligence or torts), against Defender, and all of its subsidiaries, affiliates, parents, directors, officers, shareholders, successors and assigns , arising from or related to his purchase, ownership, use, or discharge of its products. Moreover, the buyer, on behalf of himself and any of his executors, successors and heirs, expressly agrees to all waivers and indemnities provided in the Terms of Service, including without limitation to indemnify and hold harmless Defender, and all of its subsidiaries, affiliates, parents, directors, officers, shareholders, successors and assigns against any and all claims and expenses (including attorneys’ fees) whatsoever resulting directly or indirectly from the purchase, ownership, and use or misuse of the item in compliance or in violation of federal, state, or local laws or regulations.
SEVERABILITY
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.
TERMINATION
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).
ENTIRE AGREEMENT
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.
DISPUTE RESOLUTION AND BINDING ARBITRATION
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY. IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK LEGAL REMEDIES IN THE EVENT OF A DISPUTE BETWEEN YOU AND DEFENDER.
Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either you or Defender (the ”Parties”) seeks to bring an individual action in small claims court in the jurisdiction of your billing address or of Defender’s headquarters or which seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property the Parties hereby agree to waive (i) their respective rights to have any and all Disputes arising from or related to these Terms, or the Sites (including products purchased) resolved in a court, and (ii) their respective rights to a trial. The Parties further agree to arbitrate any and all Disputes other than small claims or intellectual property Disputes seeking injunctive or other equitable relief through binding arbitration.
No Class Arbitrations, Class Actions or Representative Actions
The Parties agree that any Dispute arising out of or related to these Terms or the Sites (including products purchased) is personal in nature between them, and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding or be joined with any other proceeding. The Parties further agree that there will be no class arbitration or arbitration in which any individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, the Parties agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals and that no arbitrator will have the power to vary any of these waiver provisions.
Notice; Informal Dispute Resolution
The parties each agree to notify the other in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that they can attempt in good faith to resolve the Dispute informally. Notice to Defender shall be sent by certified mail or courier to Radvanjska cesta 108, 2000 Maribor, Slovenia. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your order or Defender account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Notice to the user of Defender products or Services will be sent electronically to the email address you use or used for your order or Defender account, and will include (i) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that we are seeking. If the Parties cannot agree how to resolve a Dispute within thirty (30) days after the date notice is received by the applicable party, then either one of them may commence an arbitration proceeding as specified herein or, to the extent specifically permitted herein, file a claim in court.
Limitation Period, Venue, Governing Rules
Except for actions in small claims court or seeking injunctive or other equitable relief for the alleged unlawful use of intellectual property, the Parties agree that any Dispute must be commenced or filed within ONE YEAR of the date the Dispute arose or the claim is permanently barred. The parties further agree (a) that any arbitration will occur in Maribor in the County of Slovenia or in the county in which you reside, (b) that the state court of Maribor and Slovenia, respectively, sitting in Maribor, Slovenia, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award, and (c) that any Dispute arbitrated hereunder shall be arbitrated on a confidential basis by a single arbitrator in accordance with the rules
Exclusivity of and Limits on Arbitrator’s Scope of Authority
The arbitrator of any Dispute will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding such Dispute, including deciding its arbitrability, and (b) the authority to grant any remedy that would otherwise be available; provided, however, that no arbitrator of a Dispute shall have the authority to conduct a class arbitration or a representative action or to join the arbitration between the Parties with any other action or arbitration. Arbitrators of any and all disputes hereunder have limited authority only to conduct individual proceedings and may not consolidate more than one individual’s claims, resolve any type of class or representative proceeding, or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this Section, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.
Severability
If any part of these provisions for Dispute resolution is deemed invalid or unenforceable, such part shall be interpreted as narrowly as may be permitted by law, and all other terms, clauses and provisions of this section will remain valid and enforceable. Further, the waivers set forth in this section are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by writing to: Defender d.o.o., Radvanjska cesta 108, 2000 Maribor, Slovenia. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.
GOVERNING LAW AND VENUE
These Terms of Service and any other agreements between the Parties related to Defender’s products shall be governed by and construed in accordance with the laws of Slovenia (exclusive of its choice of law provisions). By using this Service and/or purchasing products on this site the Parties irrevocably agree that any Dispute not subject to arbitration or which cannot be heard in small claims court, shall be resolved on an individual basis exclusively in the Maribor Court, located in Maribor, Slovenia. You and Defender each irrevocably consents to the personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction by court in Maribor and to this venue. Notwithstanding the foregoing, however, you and Defender agree, that Defender may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@defender-byrna.eu
Updated November 3rd, 2022