VANGUARD RAZOR COMPANY, INC.

TERMS OF SERVICE

Last updated on January 1, 2018.

THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND VANGUARD RAZORS. (“WE” OR “VANGUARD RAZOR COMPANY”), THE OWNER AND OPERATOR OF THE WWW.VANGUARDRAZORS.COM WEBSITE (THE “SITE”) A DIVISION OF THE TOPSHELF RAZOR COMPANY INC. THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND THE PRODUCTS SOLD ON IT AND MEMBERSHIPS SOLD TO IT. BY ACCESSING AND USING THE SITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SITE OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, THE SITE.

By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least the age of majority in your jurisdiction of residence, or if you are under the age of majority in your jurisdiction of residence, that you are at least 13 years old, and that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering on behalf of a minor, you hereby agree to bind said minor to this Agreement and to fully indemnify and hold harmless VANGUARD Razor Company if said minor breaches or disaffirms any term or condition of this Agreement.

1 – CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY

 

1.1 – CHANGES TO THE SITE

VANGUARD RAZOR Company may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.

 

1.2 – PERSONAL INFORMATION/PRIVACY

Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Memberships (both as defined below in Section 2.1) and to update that information as soon as possible after any information provided changes. VANGUARD  Razor Company reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that VANGUARD  Razor Company Inc. uses a third party payment processor service for processing orders and bill fees to your credit card

2 – TERMS OF SALE

 

2.1 – SALES OF PRODUCTS AND MEMBERSHIPS TO END USERS ONLY

VANGUARD RAZOR Company sells shaving razors and other grooming supplies (the “Product(s)”) from the Site to end-user customers who purchase only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. We reserve the right to limit the quantity of memberships purchased per person, per household or per order. The Membership and all rights and privileges conferred are personal and non-transferable.

 

2.2 – PRICING

Memberships and purchases are offered by VANGUARD RAZOR company through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation of the order by e-mail by VANGUARD RAZOR COMPANY to You. The  Membership price for product(s) as shown on the Website is the NET PRICE of the product including shipping, but not including any applicable taxes. The Convenience (one time order) price for product(s) as shown on the Website is the NET PRICE of the product not including shipping or any applicable taxes. The total price of your order will be reflected on our final checkout page. An order receipt shall be sent to the email address you provided during sign up showing the final total price as well. The net price for Products and Memberships can be found on the VANGUARD  Razor Company  website’s then-current pricing page(s) located on the Site at: http://www.vanguardrazors.com.  VANGUARD RAZOR Company Inc.  reserves the right to change the prices and fees for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases. The foregoing is inapplicable in Quebec.

 

2.3 – REFUND POLICY

If you are dissatisfied with the Product for any reason, VANGUARD RAZOR COMPANY will refund the amount paid for any unused product(s) returned to the VANGUARD RAZOR COMPANY all shipping and handling is the responsibility of the customer. Refund requests must be made directly to VANGUARD Razor Company at customerservice”at”vanguardrazors.com. All refund requests must be made within thirty (30) days of the date of delivery by VANGUARD Razor Company.  In response to your refund request, VANGUARD Razor Company will credit the amount paid for the returned Product(s) (less any shipping and handling costs and fees related to the original purchase, which are non-refundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, VANGUARD Razor Company does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.

VANGUARD Razor Company shall in its sole discretion provide a refund for a request that is received by VANGUARD Razor Company more than thirty (30) days after the date of original delivery. VANGUARD Razor Company also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

 

2.4 – PAYMENT METHODS; MEMBERSHIP TERMS AND MEMBERSHIP CANCELLATION POLICY

VANGUARD Razor Company accepts the following forms of payment: (i) Credit Card (Visa, MasterCard. You agree to pay all fees charged to your account based on VANGUARD Razor Company’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership or purchase a Convenience package. As stated previously and for purposes of clarification, the price of a product as shown on the Website is the NET PRICE of the product including shipping for membership and excluding shipping on Convenience package , but not including any applicable taxes. The total price of your order will be reflected on Our final checkout page. An order receipt shall be sent to the email address you provided during sign-up showing the final total price of the Membership or Convenience package as well. You are responsible for paying the amount reflected on our final checkout page. If you do not wish to pay the final amount reflected on our final checkout page you are welcome to not sign up for Membership(s) or purchase the Convenience package(s). Any applicable taxes shall be based on the address that you provide as the shipping address when you register. You authorize VANGUARD Razor Company or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping the Products. You represent and warrant that you are the cardholder of the credit card used. If your credit card is rejected by the card issuer, if you do not pay on time or if your credit card cannot be charged for any reason, VANGUARD Razor Company reserves the right to either suspend or terminate your account and Membership. All sales and payments will be in Canadian Dollars.

IMPORTANT NOTICE TO CONSUMER: VANGUARD Razor Company Membership is a month-to-month, cancel-at-any-time service. Your Membership is billed month-to-month or bi monthly and may be cancelled at any time by emailing VANGUARD Razor Company at customerservice”at”vanguardrazors.com and requesting the cancellation of your membership.  All cancellation requests must be received by the first day of the month. Cancellation requests received after the first of the month may take effect the following month due to our system policies.   VANGUARD Razor Company requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term. There are absolutely no early termination fees or any other fees of any kind associated with cancelling a Membership during the membership term.

 

2.5 – SHIPPING AND PRODUCT ACCEPTANCE

The shipment date will be determined according to the date of the Customer’s first purchase date and VANGUARD  Razor Companies standard shipping schedule.  VANGUARD Razor Company does not guarantee delivery times based on order date and all customers are subject to VANGUARD Razor Companies then current shipping schedule.

 

2.6 – CORRESPONDENCES WITH MEMBERS

Any and all correspondences sent, issued, expressed, or transmitted by VANGUARD Razor Company or any of its affiliates to You shall strictly be in the English language. Correspondences shall include but not be limited to VANGUARD Razor Company’s mailing envelopes and/or boxes, postcards, business cards, and any and all other mailings including but not limited to electronic mail.

3 – PROPRIETARY RIGHTS

 

You hereby acknowledge and agree that VANGUARD Razor Company or its licensors own all legal right, title and interest in and to the Site and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.

Trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on this Site, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of VANGUARD Razor Company. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

4 – THIRD PARTY SITES; INDEMNIFICATION

 

4.1 – THIRD PARTY WEB SITES

The Site may provide links to third party Sites that are not owned or controlled by VANGUARD Razor Company, including, without limitation, Facebook, Twitter and LinkedIn (“Third Party Sites”). We provide such links solely as a convenience to you. VANGUARD Razor Company does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.

 

4.2 – INDEMNIFICATION

You hereby agree to defend, indemnify and hold each of the VANGUARD Razor Company Parties (as defined in Section 5 below) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your misuse of the Site, Content or Products.

5 – DISCLAIMER OF WARRANTIES

 

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS ARE FURNISHED TO YOU WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. VANGUARD RAZOR COMPANY, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “VANGUARD RAZOR COMPANY PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; (D) DOES NOT REPRESENT AND WARRANT THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (E) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE USE OF THE SITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, PRODUCTS AND MEMBERSHIPS.

THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND VANGUARD RAZOR COMPANY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VANGUARD RAZOR COMPANY OR ANY PERSON ON BEHALF VANGUARD RAZOR COMPANY SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.

6 – LIMITATION OF LIABILITY

 

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

6.1 – IN NO EVENT SHALL ANY VANGUARD RAZOR COMPANY PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF USE OF THE PRODUCTS, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A VANGUARD RAZOR COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

6.2 – IF, NOTWITHSTANDING THE FOREGOING, A VANGUARD RAZOR COMPANY PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT, PRODUCTS OR MEMBERSHIPS, THE RELEVANT VANGUARD RAZOR COMPANY PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TOPRSHELF RAZOR COMPANY FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE; AND (B) THE SUM OF ONE HUNDRED CANADIAN DOLLARS (CDN$100).

7 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW

 

7.1 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER 

CANADA

After any dispute regarding the Program arises, the parties involved in the dispute may agree to resolve the dispute using arbitration. If the parties elect to use arbitration, claims shall be referred to the ADR Institute of Canada. For a copy of the procedure to file a claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.

 

7.2 – CHOICE OF LAW

Unless the applicable laws of your, such as Quebec, require that the laws of that jurisdiction govern, in which case, the laws of such jurisdiction are to govern, this Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the Province of Ontario, without regard to its conflicts of laws rules. Arbitration or court proceedings must be in Toronto Ontario Canada. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.

8 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS

 

8.1 – ELECTRONIC COMMUNICATIONS

Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically regarding administrative or account information. Since these administrative or account electronic communications are essential to the successful and effective functioning of your Membership the sole remedy to opt-out is to cancel your account. You may cancel your account contacting customerservice”at”vanguardrazors.com.  We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. 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, to the extent permitted by applicable law.

 

8.2– GENERAL TERMS

VANGUARD Razor Company may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site including any account thereon or Membership thereto, without notice, for any reason in VANGUARD Razor Company’s sole discretion, including without limitation breach of this agreement and/or violation of the Terms of Service, VANGUARD Razor Company’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to VANGUARD Razor Company or another user of the Site. This Agreement and the Privacy Policy constitute the entire agreement between you and VANGUARD Razor Company regarding its subject matter. VANGUARD Razor Company will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of VANGUARD Razor Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. The parties acknowledge and agree that this Agreement and all related documents shall be drawn up in the English language. If you require this Agreement and all related documents to be translated to French please email customerservice”at”vanguardrazors.com. Any translation of this Agreement and all related documents shall be for reference only and the English version of this Agreement controls. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified VANGUARD Razor Company Party shall be a third party beneficiary hereunder. VANGUARD Razor Company may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, VANGUARD Razor Company’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Memberships shall survive such termination.