General Conditions of Sale

Art. 1 - Recitals

1.These contract’s general conditions regulate the business relationship between Defcon 5 S.r.l. with headquarters in Via Cristans, 24 - 33085 Maniago (PN) – VAT n°: IT01568980930, Telephone: +39 0427 739132, Email: info@defcon5italy.com (hereinafter "Seller") and the Customer, which take place by means of the telematic sales system (e-commerce) present on the website https://www.defcon5italy.com .

2.Some of the contractual clauses below, specifically indicated, apply only to the Customer acting in the capacity of Consumer, i.e. the natural person acting for purposes unrelated to the entrepreneurial, commercial, handicraft, or professional activity possibly carried out.

3.These general conditions may be subject to change, even without notice, which will take effect from the date of publication on the aforementioned website. When concluding purchases, the document containing the updated General Conditions of Sale will always be available.

Art. 2 – Subject matter of the contract

1. With the payment, the Customer makes a binding purchase proposal having as its object the Products contained in the shopping cart of the Seller's website. The Seller reserves the right not to accept the proposal by notifying the Customer within 30 days, or if this period elapses without any response.

2. The Order proposal sent by the Customer shall be deemed accepted by the Seller when the Seller ships the products to the Customer. The confirmation of shipment of the Order sent to the Customer, summarizing the latter's order data and delivery schedule, constituting acceptance of the proposal, will perfect the conclusion of the Contract.

3. In any event, Orders shall be deemed accepted subject to reservation as to both quantity and delivery terms. No liability shall accrue to Seller in cases of delay, postponement, or reduction of quantities in the fulfilment of Orders. Each Order or delivery shall be deemed autonomous and independent of others.

4. To place an Order, the Customer must necessarily register on the website by creating an account. The Customer will be asked for certain data and information, including personal information, necessary to create the account and process Orders. The Customer is obliged to identify himself/herself with truthful data.

5. The Seller will use only the Customer's data, indicated when creating the account, for the processing and shipping of the Orders placed. The Seller shall not be liable for failed shipments caused by the Customer's erroneous indication of the data necessary for the successful processing of the orders placed.

6.The sale of products reserved for certain categories of qualified people or subject to the possession of authorization measures or licenses, is governed by Article 4 of this contract.

Art. 3 – Prices and availability of products

1. The prices and commercial offers of the Seller are those published in the cart summary page, before the confirmation of the sending of the purchase proposal by the Customer. These amounts do not include any duties or taxes applicable in the country of destination, where this is different from Italy, which will be borne by the Customer.

2. As part of the process of placing the Order, Seller proposes different payment methods, such as payment by credit card, the protected system "Paypal", Bank Transfer, Gift card, or cash on delivery. The Customer selects at the time of purchase the mode of payment from those proposed by Seller. If the chosen payment channel is not even momentarily available, the Seller will promptly communicate alternative channels.

3. The Customer shall pay the price of the goods subject to Order in full at the same time as placing the Order, except in cases where the Customer chooses Bank Transfer or Cash on Delivery as the method of payment. In case of payment by bank transfer, the Seller shall inform the Customer that the payment must be received no later than 7 (seven) calendar days. After this period without regular crediting in favour of the Seller, the Order placed will not be processed and will be cancelled without sending any communication to the Customer. In case of payment by credit card, the Seller informs that the transaction will be handled on the secure servers of the banks providing the remote electronic payment service on behalf of the Customer without any third party nor the Seller itself being able to access it in any way. The Seller does not process and does not retain the data of the electronic payment instruments used by the Customer, which are processed and/or stored only by the payment service providers who, only after the transaction has taken place and been completed, notify the Seller of the outcome of the payment without providing any confidential information. For this reason, the Seller shall in no way be held liable for fraudulent or improper use of the Customer's electronic payment instruments.

4. In case of non-acceptance of the Order, the Seller will promptly refund the amount already paid by the Customer, if any.

5. The availability of products is generally indicated on the site and constantly updated; this frequency is considered sufficient to ensure reliable information but cannot exclude that a product indicated as available, at the time of submission of the purchase proposal by the Customer may not be in stock.

6. In any case, the prices displayed or communicated may be subject to change without notice due to sudden changes in the cost of raw materials, production costs or labor costs for products manufactured by us, for sudden changes in the source of costs or sudden changes in the exchange rate of our currency with regard to products marketed and/or imported by us.

Art. 4 – Products subject to authorization or licensing measures

1 The Customer must ascertain whether the sale of products is subject to specific restrictions, authorizations or licenses according to the regulations of its state, and to promptly notify the Seller thereof.

2. Customers established in Italy who purchase products subject to authorization or licensing measures under Art. 28 TULPS ("weapons of war and weapons similar to them, national or foreign, or parts thereof, ammunition, military uniforms or other items intended for the armament and equipment of national or foreign armed forces") or other forms of public authorization and concession, depending on their status as a private Customer or legal entity, must first forward to the Seller the identity document, the police or military identification card, authorization measure or license, using the procedure indicated on the website. The Seller will proceed to verify the validity of the documentation received, if necessary, by requesting further additions from the Customer or by making forms of access to the records and requests to the competent Authorities. The actual sending of the above-mentioned documentation and its validity is an essential condition for the completion of the contract and the sending of the purchased products. After 7 days from the placing of the Order without the regular sending of the above-mentioned documentation, the Order placed will not be processed and will be cancelled without sending any communication to the Customer. Information on how to send the documentation required to complete the Order is available on the Seller's website.

3. For Customers not established in Italy, it is mandatory to verify that the purchase, sale or marketing of the products purchased through the Seller's website are not subject to authorizations and/or limitations provided by the State where the Customer is established or by the State where it markets the purchased products. In any case, the Seller reserves the right to verify the regulations in force in the individual states where the products are marketed and, in the event of prohibitions or limitations on the sale, cancel the Order by refunding the full amount paid by the Customer.

4. The provisions of paragraph 2 above, in the compatible parts, shall also apply to Customers not established in Italy. The documentation to be transmitted to the Seller to finalize Orders is kept up-to-date on the appropriate web page of the Seller; in any case, it is the Customer's obligation to consult and verify possession of the necessary documentation before placing the Order.

5. The Customer undertakes to provide the Seller with truthful information on conditions, documents, licenses and authorizations that are necessary for the purchase of the restricted products. The Customer also declares that he/she is aware that the purchase of certain products may give rise, on his/her part, to specific obligations to report to the competent Authorities regarding the purchased products. The Seller reserves the right to request a copy of the fulfilment of these obligations and, in case of failure to respond, to prevent the Customer from further purchases.

6. The Seller shall not be liable for any damages, penalties or other detriment suffered by the Customer as a result of the purchase of goods in the absence of the prescribed administrative and legal requirements. In any case, the Customer agrees to indemnify the Seller for any damage and harm caused by the sale of goods in the absence of the prescribed administrative or legal requirements, reimbursing the Seller for any economic loss directly or indirectly related to the said sale, including the repayment of amounts equal to fines or other administrative sanctions ordered by the Authorities.

Art. 5 – Shipping and transportation. Risks.

1. Delivery times indicated when placing the Order or notifying the shipment of the goods are to be considered purely indicative and in any case valid only if there are no impediments such as fires, earthquakes, floods, and damage to warehouses or strikes, judicial or administrative measures, road and highway interruptions, blockades imposed by the Authorities, etc. The Seller cannot be responsible for non-delivery or delayed delivery of goods due to such causes.

2. If upon delivery of the goods, the packaging is dented, broken, crushed, torn, missing, opened or damaged packages, etc., the Customer is obliged to report acceptance with reservation, specifying this in writing in the acceptance form provided by the carrier (such as bill, etc.). The incident must be reported promptly by the Customer to the Seller, by email to info@defcon5italy.com , within 24 hours of receipt of the damaged goods.

3. The Customer declares to be aware that the delivery of the products may be split, without any liability on the part of the Seller. In case of splitting, the Seller shall bear the necessary transportation costs.

4. If the impossibility of delivery due to force majeure persists for a period of more than 30 (thirty) days, either party shall be entitled to withdraw from the contract. In all other cases, the risk of accidental loss of the goods shall pass to the Customer with the delivery of the same to the first carrier only in the case of a purchase made by a non-Consumer Customer. The seller will therefore not be liable to the Customer in case of damage, delay, loss, etc. of the purchased products.

Art. 6 – Right of withdrawal

1. The Customer acting in the capacity of Consumer has the right to withdraw without having to provide any reasons from the purchase contract within fourteen days (14) from the day on which he, or a third party other than the carrier, receives the goods acquiring possession thereof. In such cases, the Customer shall inform Seller of the decision to exercise the right to withdraw from the contract, using instructions available on the website, on the page "Right of withdrawal." Alternatively, the Customer may submit any other explicit statement of its decision to withdraw from the contract.

2. Before the expiration of the withdrawal period indicated above, the notice of withdrawal must be sent by e-mail to: info@defcon5italy.com or by registered mail with a return receipt to the address Via Cristans, 24 - 33085 Maniago - Italy. The Customer can also use the appropriate form on the Seller's website or download and fill in the paper return form* below (ref. art. 49, comma 1, lett. h) D.Lgs 206/05) Download * Standard withdrawal form according to art. 49, comma 1, lett. h) D.lgs 206/05.

3. The Seller will refund all payments received from the Customer for the contract subject to withdrawal from the moment the goods returned by the Customer have been delivered at the Seller's warehouses and have been verified to have deteriorated. Reimbursement will be made using the same means of payment used by the Customer for the initial transaction unless the Customer has made payment by cash on delivery, in which case it will be the Customer's responsibility to contact the Seller and provide details about an alternative method for reimbursement.

4. The Customer has the right to request that the refund be made by means other than those used for the initial payment, in which case it will be the Customer's responsibility to contact the Seller and provide details about an alternative method for the refund.

5. Following Article 56 paragraph 1 of Legislative Decree 206/05, the Seller will make the refund on payment methods other than those used by the Customer to make the purchase provided that this does not entail any additional expense as a consequence of the chosen method of refund.

6. The Customer, in exercising the withdrawal, shall return the goods without undue delay and in any case within 14 (fourteen) days from the date on which he communicated the withdrawal. The deadline is met if the Customer returns the goods before the expiration of the specified period. The cost and risks of the return shall be borne by the Seller only if the Customer adheres to the return procedure organized by the Seller. If the Customer decides to return the products independently, the cost of return will be borne by the Customer and will not be refunded.

7. Reimbursement of expenses incurred by the Customer will take place only if the above deadline for exercising withdrawal is met. It is also necessary that the product subject to withdrawal is intact and equipped with any additional components and accessories (e.g. original packaging, cases, supports, additional components, instruction manuals, etc.). If the returned product does not comply with these conditions or shows signs of wear and tear that suggest the use of the good outside the domestic context or normal testing of the product, the refund will be partial. The amount of the amount retained by the Seller will be determined upon viewing the product. In any case, the Seller will not make a refund until it has received the goods from the Customer.

Art. 7 – Exclusion from the right of withdrawal

1.As required by current legislation, Legislative Decree 206/2005 as amended, the right of withdrawal is reserved exclusively for Consumer Customers (individuals who purchase goods not for purposes related to their professional, commercial or entrepreneurial activity), so it cannot be exercised by legal persons (eg stores) and natural persons acting for purposes related to their professional activity, if any. The right of withdrawal can therefore not be exercised by non-consumer Customers and remains in any case without any effect.

2.The Customer declares to be aware that, pursuant to art. 59 of Legislative Decree 206/2005 (Consumer Code), the right of withdrawal cannot be exercised for customized products.

Art. 8 – Information on the sale

1. The Customer declares, by accepting these general conditions of contract, that he/she has read the following information regarding the purchase and present on the website: a) the main characteristics of the goods in the cart; b) that the sale is made by Defcon 5 S.r.l. with headquarters in Via Cristans, 24 - 33085 Maniago (PN) - VAT N°. IT01568980930; c) the total price of the goods including taxes, all additional shipping costs, the method of payment chosen and the conditions of delivery and execution of the Order; d) the conditions, terms and procedures for exercising the right of withdrawal following Article 54, paragraph 1, of Legislative Decree 206/05, as also described on the page "Right of withdrawal"; e) that on the products purchased there is the legal guarantee of conformity.

Art. 9 – Limitations of Liability

1. The Seller shall not be liable, except in the case of willful misconduct or gross negligence, for any delays in delivery and inefficiency attributable to force majeure and in any event not attributable to the conduct of its employees.

2. After delivery of the products, the Seller shall not be held responsible for their manner of use, or storage nor for any damage resulting from failure to comply with the instructions and cautions contained in the labels and manuals of the products purchased.

3. Apart from willful misconduct or gross negligence, no liability, contractual or extra-contractual, may be attributed to the Seller - and therefore any right to compensation for damages in favour of the Customer shall be excluded - for direct and/or indirect damages to persons and/or property dependent on the non-acceptance or fulfilment, even partial, of an Order.

4. In no event shall Seller be liable for any inconvenience or damage relating to the use of the Internet network and, in particular, for service failures, external intrusions, or the presence of computer viruses.

5. In no event shall Seller's liability be invoked for insubstantial differences between the images of the Products posted on its website and the Products delivered. The images displayed on the website and the packaging of the Products are intended to be purely indicative; the Products received may present variations from an aesthetic point of view. In the event of any difference between images displayed on the website and the sheet of each Product, the description contained in the product sheet shall prevail and be deemed authentic.

6. Pursuant to Copyright Law (L. 633/1941 as amended), no part of this website, including text, images and any other multimedia content, may be reproduced or retransmitted without the express written permission of the Seller, unless otherwise authorized by law. Unauthorized use constitutes copyright infringement and is subject to penalties under applicable law.

7. The Seller shall not be liable for damages, of any nature whatsoever, dependent on and/or consequent to the communication by the Customer of information and data that are incorrect, false or relating to third parties who have not given the necessary authorizations. The Customer is and remains solely responsible for any communication, information, or order that he/she sends to the Seller.

8.The Seller shall not be liable for any typing errors made by the Customer when registering his/her personal data.

Art. 10 – Product warranty

1. All products marketed through the website are covered by the legal warranty of conformity, provided for in Articles 128 - 135 of Legislative Decree 206/2005 (''Legal Warranty''), according to the provisions set out below.

2. The Seller markets high-quality products for which a warranty of 24 months from the date of purchase is offered. The service is provided by the Seller and is limited to the item sold excluding any other performance as well as any indemnity or compensation.

3. This warranty shall apply to the product that has conformity defects that could not be detected at the time of purchase, provided that the product itself is used correctly and with due diligence, that is, in accordance with its intended purpose and with the provisions of the technical documentation, with observance of the operating rules specified therein.

4. A lack of conformity occurs when the purchased good:

1. is not fit for the use for which goods of the same type are usually used;

2. does not conform to the description made by the Seller in the product sheet and does not possess the qualities of the good that the Seller has presented to the Customer;

3. does not possess the usual qualities and performance of goods of the same type, which the Customer can reasonably expect, taking into account also the statements made in advertising or labelling;

4. is not suitable for the particular use intended by the Customer and which has been brought to the knowledge of the Seller by the Customer at the time of the conclusion of the contract and which the Seller has accepted.

5. In any case, the warranty does not cover damage resulting from wear and tear or oxidation, negligence, carelessness in the use and maintenance of the product, or failure to comply with the directions for use described in the product manuals.

6. f the Customer finds defects and non-conformities in the purchased goods, he shall have the right to request from the Seller, also depending on the nature of the defective goods, one of the following remedies only:

• restoration of conformity;

• proportional reduction of the price;

• termination of the contract.

7.For the purpose of restoring the conformity of the goods, the Customer may choose between repair and replacement, provided that the remedy chosen is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the Seller, taking into account (i) the value that the goods would have if there were no conformity defect; (ii) the extent of the conformity defect; and (iii) whether the alternative remedy can be performed without significant inconvenience to the Customer.

Art. 11 – Applicable law and jurisdiction

1. The Parties, aware of the need to clearly define the mutual relationships and obligations, agree that this contract and the execution phase thereof shall be governed by and construed under the laws in force in the Republic of Italy.

2. Except as provided in paragraph 4, any dispute, disagreement or matter arising out of or in connection with this contract, including its validity, interpretation, performance or termination, shall be subject to the exclusive and binding jurisdiction of the Court of Pordenone.

3. The provisions on applicable law and exclusive jurisdiction shall be binding on the Parties and their successors and assigns.

4. If the Customer acts in the capacity of a consumer (a natural person who purchases the goods not for purposes related to his professional, commercial or entrepreneurial activity) the competent Court shall be that of his domicile of residence.

Art. 12 – Personal data processing

1. The processing of the Customer's personal data is governed by the Information Notice issued, pursuant to Art. 13 of EU Reg. 679/16 "General Data Protection Regulation", at the time of the Customer's registration.

2. The Seller informs the professional Customer that for the issuance of the tax document (electronic invoice), in accordance with the provisions of Decree-Law No. 119 of October 23, 2018, as amended and supplemented, additional data will be required for the successful process of issuing the document.

Art. 13 – Final clauses

1. Having performed the authentication with a username and password, every activity carried out within the Seller's e-commerce site is recorded with appropriate logs and is referable to the account created according to the identification data provided by the Customer. This information, uniquely associated with the chosen password, constitutes a covenant method of computer identification under Legislative Decree 82/05 that is considered by the parties "secure" for objective characteristics of quality, security, integrity and immutability.

2. This Agreement is made available to the Customer at the time of the Order’s placement; it is also available on the website. Any special agreements are of no value unless specifically contracted by both parties, either by email or in writing, in which case they will constitute an addendum to this text.