Terms and Conditions

Please carefully review these terms and conditions ("Terms") before using our website. These Terms have an impact on your rights and responsibilities under the law. It is important to pay attention to clauses 9, 18, and 19 through to 23.

By utilising our services or placing an order, you confirm that you have read and understood these Terms, including our Privacy Policy. If you are uncertain or unwilling to agree to any of the Terms, please contact us at info@defensible.co.uk ahead of placing an order or using our services. Please note that if you decline, you will not be able to order goods from us, and you must leave the website immediately.

1. DEFINITIONS AND INTERPRETATIONS

1.1 In these Terms, the following words shall have the following meanings:

- Contract: These Terms and the Order.

- Goods: The items advertised on our Website that you purchase from us.

- Intellectual Property Rights: All patents, database rights, copyright, design rights, trademarks, and other similar rights, whether registered or unregistered, along with the right to seek protection for them.

- Liability: Any nature of damages, claims, proceedings, actions, awards, expenses, costs, losses, and/or liabilities.

- Order: The order for Goods placed by you and accepted by us, subject to these Terms.

- Us/Our/We: Refers to Defensible Ballistics Ltd (Defensible Ballistics) of Little Cauldham Farmhouse, Cauldham Lane, Capel-le-Ferne, Folkestone, Kent, CT18 7HQ.

- User: Any person who browses the Website.

- Warranty Period: A period of 12 months from the date you place your Order.

- Website: Our website at URL [www.defensible.co.uk] or any other URL that we may use in connection with the Goods from time to time.

- Working Day: Refers to Monday to Friday between the hours of 9.30am and 5pm, excluding public holidays in the UK.

1.2 The headings in these Terms are for convenience purposes only and shall not affect the interpretation of the Terms.

2. APPLICATION OF THESE TERMS

2.1 By submitting an Order, you agree to be bound by these Terms. If you are a User, your use of the Website constitutes your agreement to be bound by these Terms in relation to the use of the Website only.

2.2 These Terms, as amended by us from time to time in accordance with clause 2.3, shall apply exclusively, and you agree to comply with them, to the exclusion of any other terms or conditions.

2.3 We reserve the right to modify these Terms at any time. If any changes are made, the updated version will be posted on the Website, and you will be bound by the updated version if you continue to use the Website thereafter.

3. WEBSITE CONTENT

The content of this website is the intellectual property of Defensible Ballistics Ltd and is protected by copyright laws. All rights are reserved. You are allowed to download a single hard copy of the website content and print extracts from the website for your personal, non-commercial use. Unless otherwise stated, all intellectual property rights in the material on this website, including photographs and graphical images, are owned by us. Nothing in these terms shall be construed as granting any license or right under intellectual property rights.

4. LINKS

This website may contain links to other websites. Please note that these websites and the content, products, and services available through them are not under our control and should not be considered as endorsed or approved by us. We do not accept any liability in connection with any third-party websites that may be accessed through this website.

If you would like to link to our website, you may do so on the condition that you link to the home page of the website and abide by the following conditions:

a. You must not remove, distort, or alter the size or appearance of the Defensible Ballistics Ltd logo(s).

b. You must not create a frame or any other browser or border environment around the website.

c. You must not imply that we endorse any products or services other than our own.

d. You must not misrepresent your relationship with us or provide false information about us.

e. You must not use any trademarks of Defensible Ballistics Ltd displayed on the website without our express written permission.

f. You must not link from a website that you do not own.

g. Your website must not contain content that is distasteful, offensive, or controversial, infringe upon intellectual property rights or other rights of any person, or violate any applicable laws and regulations.

We reserve the right to revoke the right to link to our website in case of a breach of the above terms, and we may take any appropriate action. You are responsible for any loss or damage suffered by us as a result of your breach of these terms.

5. PRIVACY POLICY

You have read and agree to the terms of our Privacy Policy.

6. SERVICE ACCESS

While we make every effort to ensure that this website is available 24 hours a day, we cannot guarantee its uninterrupted availability. We will not be held liable if, for any reason, the website is unavailable at any time or for any period.

We do not provide any warranties regarding the availability, performance, or accessibility of the website. Temporary suspension of access to the website may occur without notice at our discretion. This may be due to system failures, maintenance or repair activities, or circumstances beyond our control.

7. REGISTRATION

Each registration on our website is intended for a single user only. We strictly prohibit the sharing of your username and password with any other individuals or multiple users on a network. It is your responsibility to ensure the security of your passwords and login information.

8. DISCLAIMER

8.1 While we strive to ensure the accuracy of the information on this website, we do not guarantee the completeness or accuracy of the material. We reserve the right to make changes to the material on this website at any time without notice. The material on this website may become outdated, and we do not commit to updating it.

8.2 The material on this website is provided "as is" without any conditions, warranties, or other terms of any kind. We exclude all representations, warranties, conditions, and other terms that may be implied by law, including those of satisfactory quality, fitness for a particular purpose, and the use of reasonable care and skill.

8.3 We exclude all liability and responsibility for any loss or damage, whether direct or indirect, that may result from your use of this website. This includes but is not limited to loss of income, profits, goodwill, data, contracts, use of money, or any damages arising from or connected to business interruption. This applies whether the loss or damage is in tort (including negligence), contract, or otherwise. We also exclude liability for any viruses that may infect your computer equipment, software, data, or other property as a result of accessing, using, or browsing this website or any linked websites.

9. ELIGIBILITY FOR GOODS AND SERVICES

9.1 By submitting an Order to us, you confirm and represent that you are over 18 years old.

9.2 If you are unable or unwilling to provide the warranties and representations stated in clause 9.1, you must refrain from submitting an Order to us.

10. PRODUCT INFORMATION

10.1 We have made reasonable efforts to accurately display the colors, designs, and sizes of the Goods available for purchase on our website. However, please acknowledge that the designs, colors, shapes, and patterns shown on the website are approximate. The actual colors may vary due to individual computer settings and hardware.

10.2 If the Goods you have ordered are not available in the specific color, design, or size you requested, we will inform you of the currently available options. Your Order will not be accepted, and you may choose to resubmit your Order for the Goods in an available color.

10.3 Please note that you should not rely on any representation or warranty that has not been made in accordance with these Terms.

11. FORMATION OF THE CONTRACT

Please follow directions given on the Website to place an Order. Once you have placed an Order and we have received payment in accordance with clause 12 we will confirm receipt of your Order.

12. PRICE AND PAYMENT

12.1 The price for the Goods listed on the website is as displayed. The prices shown on the website include VAT (Value Added Tax) but exclude postage, packing, insurance, and any applicable export duties. Delivery charges will be shown separately during the ordering process and must be paid in advance.

12.1a VAT is charged on goods sold by Defensible Ballistics Ltd within the European Union in accordance with EU laws. If you are a business within the EU with a valid VAT registration, you may be eligible for a VAT refund if you provide your VAT number when placing your order. Proof of delivery address may be required for confirmation.

It is the responsibility of the purchaser to provide evidence of their location outside the EU in order to receive a VAT refund. VAT will be charged initially and then refunded upon proof of delivery outside the EU.

12.2.1b Import duties may be levied by individual countries. It is the responsibility of the purchaser to ensure that the purchased product from Defensible Ballistics Ltd is not subject to any additional duties or taxes. The payment of any import duty or tax is the responsibility of the purchaser.

12.2 Payment must be made by the means specified on the website, and it will not be considered as received until we have received cleared funds for the full amount stated in the Order.

12.3 Prices are subject to change without notice. For special order items, the cost price may change between the time of ordering and delivery. Defensible Ballistics Ltd reserves the right to request the difference in cost price before releasing the order to the customer.

13. RIGHT FOR YOU TO CANCEL

13.1 If you wish to cancel an order, please contact us before the item has been shipped. If the item has already been shipped, we can accept a return as long as the order is unopened and undamaged. The customer will be responsible for the return shipping costs, and no refund for the original shipping will be provided. Defensible Ballistics Ltd will not be responsible for import or export taxes and these will be deducted from the final refund. Any additional cost on the return receipt will be requested by Defensible Ballistics Ltd from the customer. Once we receive the returned item, we will process a refund within 14 days, although it is often much quicker.

13.2 Please note that blocks, Ballistic Sim products, or custom orders must be cancelled within 24 hours of placing the order to ensure they are not cast. Once these products have been cast, they cannot be refunded.

More information on returns can be found in section 16 (Customer Returns) of these terms and conditions.

14. CANCELLATION BY US

14.1 We retain the right to cancel the Contract under the following circumstances:

14.1.1 We do not have enough stock available to fulfill the order for the Goods you have placed;

14.1.2 We do not offer delivery services to your specific area or country;

14.1.3 One or more of the Goods you ordered was listed with incorrect product information, price, and/or description due to any reason;

14.1.4 We have reasonable grounds to believe that you will not make the payment for the Goods or that you will not comply with these Terms and Conditions (or any of them).

15. DELIVERY OF GOODS TO YOU

The delivery times for our products vary depending on the specific item being ordered. Powder or kits are typically shipped within a few days of placing the order, unless the order is being fulfilled by a third-party seller such as Amazon. In the case of orders shipped by an Amazon partner, or for European orders due to Brexit requirements, delivery can take up to 6 weeks due to customs processes.

For ready-made blocks, ballistic sims, or custom orders, the delivery time is generally longer. These products are made to order, and therefore delivery can be expected within 3 weeks for UK orders and up to 6 weeks for non-UK orders. If you have a specific delivery date or lead time requirement, we recommend contacting our team prior to placing the order to confirm current timings.

16. CUSTOMER RETURNS

If your item has already been shipped, we can accept a return as long as the order is unopened and undamaged.

However, please note that for blocks, ballistic sims, and custom orders, these products cannot be refunded once they have been cast.

When returning goods, please ensure that all unnecessary attachments have been removed. It is your responsibility to ensure that the item(s) being returned are in a good, re-saleable, and safe condition. Please be aware that you are responsible for adequately packaging the goods to withstand normal carrier handling. Defensible Ballistics Ltd will not accept liability for any loss or damage to goods that result from the following: goods returned without a return reference number, goods returned with unnecessary attachments, inadequate packaging, or unsuitability for safe transportation.

Returns should be sent to:

Defensible Ballistics Ltd, Little Cauldham Farmhouse, Cauldham Lane, Capel-le-Ferne, Folkestone, Kent, CT18 7HQ, England

17. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights related to the Goods shall be solely owned by us.

18. DISCLOSURE OF INFORMATION TO GOVERNMENT BODIES

We may occasionally be required to share information about the Goods you purchase from us with government bodies, including but not limited to the Police. By purchasing Goods from us, you give your consent for us to provide such information when necessary.

19. LIABILITY AND LIMITATION

19.1 If we fail to deliver the Goods you ordered, deliver the incorrect quantity, or deliver damaged or defective Goods during the Warranty Period, our obligation will be to either:

19.1.1 Rectify any shortage, non-delivery, or incorrect delivery;

19.1.2 Replace or repair any damaged or defective Goods; or

19.1.3 Provide a refund for the amount paid by you for the affected Goods.

Please note that the above obligations will not apply if the damage or defect arises as a result of your negligence or failure to follow our reasonable instructions for maintenance and safe handling.

19.2 We will not be liable to you for any consequential, special, or indirect losses, including but not limited to loss of revenues, profits, contracts, business, anticipated savings, or damage to goodwill, reputation, or data.

19.3 Our total liability to you under or in relation to this Contract will not exceed the amount paid by you for the Goods.

19.4 Nothing in this Contract will exclude or limit our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited by law.

19.5 Your statutory rights are not affected by anything in this Contract and are still applicable.

20. OUR RIGHT TO CONTACT YOU

We may use the personal information you provide to contact you regarding your order, delivery, or for marketing purposes, as necessary.

20.1 We will only contact you for marketing purposes if you have explicitly opted in to receive such communications.

20.2 You have the right to remove your data, update your marketing preferences, view or change your contact details at any time.

21. THIRD PARTIES

At times, it may be necessary for us to share your contact information with selected third parties to facilitate the processing of your order, payment, or delivery. These third parties may contact you on our behalf.

22. OUR RIGHT TO COLLECT AND STORE YOUR DATA

We retain the right to collect your personal data for the purposes of order processing, delivery, payment processing, marketing, statistics, and to enhance our services.

23. YOUR RIGHTS TO ACCESS, DELETE AND CHANGE YOUR DATA

You have the right to access, modify, and request the deletion of your personal data in accordance with the GDPR regulations that came into effect on May 25th, 2018.

24. THIRD PARTIES

As mentioned in clause 20 of this document, we may share your data with third parties. However, your rights outlined in clause 22 of this document will not be affected. You still maintain the right to access, delete, and modify your data at any time.

25. NOTICES

Unless stated otherwise in these terms and conditions, any notices you need to send to us must be in writing and can be sent to Defensible Ballistics Ltd at the following address: Little Cauldham Farmhouse, Cauldham Lane, Capel-le-Ferne, Folkestone, Kent, CT18 7HQ, or via email to info@defensible.co.uk

26. EVENTS BEYOND OUR CONTROL

We will not be held liable for any failure to deliver the Goods you have ordered, any delays in delivery, or any damage or defects to the delivered Goods that are caused by circumstances or events beyond our reasonable control. Such circumstances or events may include, but are not limited to, strikes, lock-outs, industrial disputes, system breakdowns, network access issues, floods, fires, explosions, or accidents.

27. MISCELLANEOUS

27.1 If any provision of these Terms is deemed unenforceable (including any provision where we exclude our liability to you), it will not affect the enforceability of any other provision within these Terms.

27.2 This Contract will be governed by and interpreted in accordance with the laws of England. Both parties agree to submit to the exclusive jurisdiction of the English courts.

27.3 These Terms, along with the Order, constitute the entire agreement between us regarding the supply of Goods by us to you.

28. TRADE PURCHASES

28.1 Additional terms and conditions are set out for “Trade” account holders. These terms and conditions are defined here: www.defensible.co.uk/trade