Defense Mechanisms: Policies and Terms of Service
Updated 10/2024
LEAD TIMES
Many Defense Mechanisms products are made to order and will have a lead time. Lead times are posted on each product page for items that are not in stock, with the Buy button labeled as “Make to Order.” Items in stock will have the Buy button labeled as “Add to Cart.” Lead times for in-stock items or orders with all in-stock items are 2-3 business days.
While we strive to meet these lead times, unforeseen delays due to supply chain issues or production capacity may occasionally occur. In the event of a delay, customers will be notified promptly, and we will work to expedite your order as quickly as possible.
SHIPPING INFORMATION
For domestic orders in the USA, we ship with USPS Priority 2-3 day delivery. For international shipping, we use FedEx International (unless otherwise noted by the buyer). Customers are responsible for any import duties, taxes, or fees associated with international shipment. If international orders are returned for any reason, the customer will be responsible for all additional shipping fees.
SUSTAINABILITY AND ENVIRONMENTAL RESPONSIBILITY
At Defense Mechanisms, we are committed to sustainability and minimizing our environmental impact. We use minimal packaging to reduce waste and follow sustainable manufacturing processes in the production of our gear. Our dedication to eco-friendly practices ensures we deliver high-quality products while being mindful of our environmental footprint.
ORDER CHANGE AND CANCELLATION POLICY
Items can be canceled or changed with a full refund issued, as long as the item has not been shipped. Armor orders can be canceled within 48 hours. Changing items already in progress may increase lead times. Once an item has shipped, the Return Policy applies. Please contact customer service to change or cancel an order.
CUSTOMIZATION POLICY
Due to the nature of our products, we cannot allow customizations beyond the options provided on the product page.
CUSTOMER SUPPORT RESPONSE TIME
We value your questions and concerns. Our customer support team is committed to responding to all inquiries within 24 hours, excluding holidays and weekends. For urgent matters, please reach out to us via the Contact Us page.
RETURN & EXCHANGE POLICY
The following policies apply to new and unused items only. We do not accept returns or exchanges of used items. For warranty issues, see our Limited Lifetime Warranty.
RETURNS: Items can be returned for a full refund within 30 days of shipping, provided they are new, unused, and have attached tags. Used items or items with noticeable odors will not be accepted. A return form must be submitted via the Contact Us page, and approved items must be shipped within 7 business days of return approval. The customer is responsible for return shipping. Refunds will be made in the original method of payment or store credit.
EXCHANGES: Items can be exchanged for a different item within 30 days of shipping under the same conditions as returns. Approved exchange items must be shipped within 7 business days of approval, and customers are responsible for shipping. Exchanges will only be processed after the returned item has been inspected. Price differences will either be refunded or invoiced, depending on the item exchanged.
EXCLUSIONS:
Items not eligible for return or exchange: Closeout Products, T-shirts, Medical Supplies, and Ballistic armor.
Closeout products are still eligible for the Limited Lifetime Warranty.
There are no returns or exchanges for Hesco products. Due to the nature of ballistic materials, we cannot restock/resell shipped products. Please double-check the dimensions of your carrier pocket to ensure the plate you order will fit.
PAYMENT METHODS & FINANCING
At Defense Mechanisms, we offer a variety of payment options to ensure flexibility and convenience for our customers. We accept the following payment methods:
•All major credit cards (Visa, MasterCard, American Express, Discover)
•PayPal
•Apple Pay
•Google Pay
•PayPal Credit (Buy Now, Pay Later option)
For agencies, we accept standard credit card and PayPal payments. Additionally, we offer Net 30 terms and accept payments via check or wire transfer. To set up Net 30 terms or arrange a wire transfer, please contact our customer service team for assistance.
DISCOUNTS FOR MILITARY AND FIRST RESPONDERS
We proudly offer discounts for active-duty military personnel, veterans, law enforcement officers, and first responders. To access this discount, simply visit our Contact Us page, fill out the form, and attach proof of service. Once verified, we will add you to our discounted customer group, and the discount will automatically apply to your future purchases.
LIMITED LIFETIME WARRANTY
Defense Mechanisms warrants its products to be free from defects in materials and workmanship for the product’s lifetime. If a warranty claim is validated, we will repair, replace, or refund the product at our discretion.
The Limited Lifetime Warranty does not cover damage from normal wear and tear, accidents, lost or stolen items, improper care, non-standard usage, negligence, or aftermarket modifications. “Lifetime of the product” refers to the natural life of the materials used, which can deteriorate over time.
WARRANTY POLICY
We will repair or replace, at our option, any damaged product covered by our Limited Lifetime Warranty, free of charge. If we determine the warrantied item is irreparable, we will replace it with the same, or similar, item at our discretion. If we cannot repair or replace the warrantied item, we will issue you a refund for the original purchase price or the last known price if the purchase price cannot be determined. If a refund is issued more than 60 days from the original order date, you may be required to set up a PayPal account to receive the funds.
If you have an item that needs repair and believe it falls under the Limited Lifetime Warranty, contact Customer Service and send pictures of the issue. We’ll assess whether it’s something you can repair yourself or if it needs to be done in our shop. Rarely, some items cannot be repaired due to extreme damage.
Repairs for damage outside of the Limited Lifetime Warranty are assessed on a case-by-case basis and may be declined.
PRIVACY POLICY
Your personal information is held in strict confidence. We will not sell or rent your information. We will only contact you regarding your order if necessary and will not disclose details of your purchase externally.
As of May 9th, 2022, all customers must create an account at checkout for quicker returns and exchanges. Your information will not be sold to third parties, and you will only receive marketing emails if you opt-in at checkout.
DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time. Changes and clarifications will take effect immediately upon posting on the website.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
ARMOR PURCHASES
By purchasing any body armor from Defense Mechanisms, the customer agrees to all company policies.
The purchaser certifies that they are legally allowed to purchase and own body armor in compliance with Federal, State, and Local laws. Defense Mechanisms LLC assumes no responsibility for the legality of any purchase.
CERTIFICATION
The purchaser certifies compliance with all applicable laws and restrictions, including ensuring that body armor will not be exported outside the United States without first complying with US Export Control Laws (ITAR and EAR).
Ballistic body armor sold by Defense Mechanisms is manufactured in the United States by Hesco. Plates are NIJ certified, meeting or exceeding standards under NIJ Standard 0101.06 unless otherwise specified.
BODY ARMOR RESTRICTIONS AND LEGAL COMPLIANCE
NIJ Level IIIA, III, and IV ballistic plates are regulated under 18 U.S.C.A. Section 931. Body armor may not be purchased, owned, or possessed by anyone convicted of a violent felony, and local laws may impose additional restrictions.
The purchaser certifies that they have no violent felony convictions and agree to all terms and conditions.
ADDITIONAL RESTRICTIONS
The laws of the state of Connecticut prohibit the purchase of body armor from this site. Law enforcement and military personnel from Connecticut should contact Defense Mechanisms directly to discuss and arrange purchases.
USAGE
Purchaser agrees that all body armor purchases are for personal use only. Purchases are not, under any circumstances, to be made by those who are NOT legally allowed to own or possess body armor. The purchaser also agrees that the intent for purchase is lawful to local, state, and federal laws.
You understand that body armor is not bulletproof — IT IS ONLY BULLET RESISTANT, and if a bullet strikes you, there is always a risk you will be injured or killed.
You agree, for yourself and your heirs, assigns, and agents, to fully and completely release, never bring any action in any court of law against, and to indemnify, defend, and hold harmless Defense Mechanisms & Hesco for any and all liability stemming from your purchase, possession, or use of the item(s).
Terms of Service
ACCEPTABLE USE POLICY
A. Introduction
1.This document outlines the Acceptable Use Policy (Use Policy) under which you, the user (You), may access the content and functionality of the website accessible at www.DefenseMechanisms.com (the “Website”).
2.The Website provides information concerning Defense Mechanisms Public Benefit Corporation’s (“Defense Mechanisms”) products and mission. The Website allows its users to provide personal data, including but not limited to personal information such as name, physical address, email address, and telephone number. The Use Policy includes a Privacy Policy (“Privacy Policy”), which can be accessed at the Website and is incorporated herein by reference. Please read the Use Policy and Privacy Policy carefully. If You do not meet the Eligibility requirements stated below, or You do not agree to the terms of the Use Policy and Privacy Policy, You are not permitted to use the Website.
3.The Use Policy and Privacy Policy may be revised from time to time by Defense Mechanisms. The revised Use Policy and Privacy Policy will be posted by Defense Mechanisms on the Website as they become available. Please review the Use Policy and Privacy Policy periodically, as they are applicable to all users of the Website. You hereby agree to review at first opportunity any modification or revision to the Use Policy and Privacy Policy, and You further agree to be bound by any modification or revision of the Use Policy and Privacy Policy made by Defense Mechanisms.
B. Eligibility
You must be at least 18 years old or older to visit and use the Website. If You are not at least 18 years old, You must be at least 13 years old and have a parent’s or legal guardian’s permission to visit and use the Website.
By accessing and using the Website, You represent and warrant to Defense Mechanisms that You are either at least 18 years of age or if not, that You are at least 13 years of age and have your parent’s or legal guardian’s permission to visit and use the Websites, and that You have the capacity and authority to abide by the Use Policy and Privacy Policy.
You also represent to Defense Mechanisms that You will not use the Website in a manner inconsistent with applicable laws and regulations in your jurisdiction.
C. Registration and User’s Account
In order to access some portions of the Website, you must first create an account. You may never use the account of another user without the express written permission of that account holder and Defense Mechanisms. When creating your account, You must provide accurate and complete information. The information You submit will be used in accordance with the Privacy Policy. You are solely responsible for the activity that occurs on your account, and You must keep your account username and password secure. You must notify Defense Mechanisms immediately of any breach of security or unauthorized use of your account. You may not share your username, password, or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your Website registration, username, and password, whether or not authorized by You. You agree to immediately notify Defense Mechanisms of any unauthorized use of your account, profile, username, or password, as the case may be. You understand and acknowledge that You have no ownership rights in your Website accounts, and, if You cancel your account, all of your account information may be deleted from the Website databases at the discretion of Defense Mechanisms.
D. User’s Restrictions
You may not use the Website in order to transmit, post, distribute, store, or destroy material, including without limitation, any type of material that:
•Violates any applicable law or regulation;
•Infringes in any manner the copyright, trademark, trade secret, or other intellectual property rights of others or violates the privacy, publicity, or other personal rights of others;
•Is defamatory, obscene, threatening, abusive, or hateful.
You are also prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following activities:
•Accessing data not intended for such user or logging into a server or account that the user is not authorized to access;
•Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
•Attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
•Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Defense Mechanisms may investigate occurrences that may involve such violations and may obtain the support of, and cooperate with, law enforcement authorities in prosecuting users who are associated with such violations.
E. Specific Authorized and Prohibited Uses
You are solely responsible for your account information, profile, content, and other information that You submit, post, upload, share, or store on the Website (“Content”). You agree that in submitting Content or otherwise using the Website, You will not impersonate any person or submit any materials or Content to the Website that are false, inaccurate, misleading, unlawful, or otherwise in violation of your obligations under this Use Policy. You also hereby represent that the information and Content You submit, post, upload, share, or store is true and correct, and that any representations made by You are true and correct. Defense Mechanisms reserves the right to expel users and prevent their further access to the Website for violating the Use Policy or applicable laws, rules, or regulations.
Defense Mechanisms specifically prohibits any other use of the Website, and all users agree not to do any of the following:
•Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website;
•Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
•Copy or duplicate in any manner any of the Website material without the express prior written consent from Defense Mechanisms (except for your own personal non-commercial use to assist You in using the Website in accordance with this Use Policy, in which case Defense Mechanisms grants You a limited, non-exclusive, revocable, royalty-free license to aggregate, copy, or duplicate the Website material for such limited stated purpose);
•Frame or link to any information available from the Website;
•Circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict the use or copying of any Website material or enforce limitations on the use of the Website or the material therein.
If You believe that any material and Content posted on the Website or accessible through the Website violates this Use Policy, please contact our designated agent set forth in Section R below.
If notified by a user of any materials and Content that allegedly do not conform to this Use Policy, Defense Mechanisms may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the material. Defense Mechanisms has no liability or responsibility to the users for performance or nonperformance of such activities.
Defense Mechanisms reserves the right to discontinue any part of the Website at any time.
F. Account Termination Policy
Defense Mechanisms may terminate the account of any Website user who violates the terms of this Use Policy, including but not limited to, the provisions of Section E above. Defense Mechanisms reserves the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the user who is terminated or to the user whose access is blocked.
G. Ownership
The trademarks, service marks, logos, content, and material provided by Defense Mechanisms (“Defense Mechanisms Property”) on the Website, are owned by or licensed to Defense Mechanisms, subject to copyright and other intellectual property rights under the law. By using or accessing the Website, you acknowledge Defense Mechanisms’ rights in and to the Defense Mechanisms Property, and You agree not to challenge or contest such rights and not to remove, deface, copy, or modify the Defense Mechanisms Property. Your use of Defense Mechanisms Property is subject to the terms of this Use Policy.
You retain all ownership rights in your Content. You provide and Defense Mechanisms accepts a limited, non-exclusive, worldwide, royalty-free license to use the Content to provide You access to and use of the Website and to purchase products available on the Website.
H. Agent to Receive Intellectual Property Infringement Claims
If You believe that your copyrighted work or trademark has been uploaded, posted, stored, or copied to the Website and is accessible in a way that constitutes an act of copyright or trademark infringement, please contact our agent set forth in Section R below.
I. Risk of Loss
All items purchased from Defense Mechanisms are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to You upon our delivery to the carrier.
J. Returns, Exchanges, Refunds, and Title
Defense Mechanisms does not take title to returned items until the item arrives at our fulfillment center. A refund or exchange may be issued without requiring a return, solely at our discretion. In this event, Defense Mechanisms does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy and Exchange Policy.
K. Product Descriptions
Defense Mechanisms attempt to be as accurate as possible. However, Defense Mechanisms does not warrant that product descriptions or other content or Website material are accurate, complete, reliable, current, or error-free. If a product offered by Defense Mechanisms is not as described, your sole remedy is to return it in unused condition, and our entire liability is to refund the price you paid for the returned item.
L. Pricing
Defense Mechanisms cannot confirm the price of an item until You order. Despite our efforts, a few items in our catalog may be mispriced. If the correct price of an item sold by Defense Mechanisms is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify You of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to You.
M. Limitation of Liability and Damages
Defense Mechanisms cannot guarantee and do not promise any specific results from the use of the Website. No advice or information, whether oral or written, obtained by a user from the Website shall create any warranty not expressly stated herein. EXCEPT WITH RESPECT TO A CLAIM FOR PERSONAL INJURY ARISING FROM THE USE OF A PRODUCT PURCHASED FROM DEFENSE MECHANISMS AND FOR ANY CLAIMS BY EITHER PARTY FOR INFRINGEMENT OF THE PARTY’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE OR PROFITS (EXCLUDING FEES UNDER THE AGREEMENT).
DEFENSE MECHANISMS’ MAXIMUM LIABILITY FOR ANY DAMAGES (OTHER THAN PERSONAL INJURY CLAIMS AS SPECIFIED ABOVE) ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE OR ANY PRODUCT PURCHASED FROM DEFENSE MECHANISMS, OR CUSTOMER’S ORDER, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS ACTUALLY PAID TO DEFENSE MECHANISMS FOR THE PRODUCTS UNDER THE ORDER THAT IS THE SUBJECT OF THE CLAIM. ANY DAMAGE IN YOUR FAVOR AGAINST DEFENSE MECHANISMS SHALL BE REDUCED BY ANY REFUND OR CREDIT RECEIVED BY YOU (OR THE THIRD PARTY WHO MADE SUCH PAYMENTS ON YOUR BEHALF) UNDER THE ORDER, AND ANY SUCH REFUND AND CREDIT SHALL APPLY TOWARD THE LIMITATION OF LIABILITY.
N. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DEFENSE MECHANISMS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE WEBSITE AND THE WEBSITE MATERIAL ARE PROVIDED BY DEFENSE MECHANISMS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DEFENSE MECHANISMS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE MATERIAL OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF MATERIAL ON THE WEBSITE, (II) PERSONAL INJURY (EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN SECTION M ABOVE) OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY WEBSITE MATERIAL. DEFENSE MECHANISMS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DEFENSE MECHANISMS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
O. Indemnity
You agree to defend, indemnify, and hold harmless Defense Mechanisms, its affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Website; (ii) your violation of any term of the Use Policy; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy license or right. This defense and indemnification obligation will survive the Use Policy and your use of the Website.
P. Assignment
The terms of this Use Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Defense Mechanisms without restriction.
Q. Jurisdiction and Disputes
Any dispute or claim arising from or relating in any way to your use of the Website, or to any products or services sold or distributed by Defense Mechanisms or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Use Policy. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must interpret and apply the terms of this Use Policy just as a court would. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
We also both agree that You or we may bring suit in court to seek injunctive relief for infringement or other threatened or actual violation of intellectual property rights. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Defense Mechanisms Public Benefit Corporation, Attention: Alex J. Schulze, Registered Agent, 3600 FAU Boulevard, Boca Raton, FL 33431. The arbitration will be conducted by and under the rules of the American Arbitration Association (AAA), including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Boca Raton, Florida, or at another mutually agreed location.
R. Designated Agent
All notices and communications with respect to the Use Policy are to be directed in writing by e-mail to contact@defensemechanisms.com
S. Contact Information
If you need to contact us for any reason not otherwise provided above, our address is Defense Mechanisms, 1124 W. 5th St. Winona, MN 55987; e-mail: contact@defensemechanisms.com