TOPSHELF RAZOR COMPANY, INC. TERMS OF SERVICE - Last updated on January 1, 2014.
THESE TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND TOPSHELF RAZOR INC. (“WE” OR “TOPSHELF RAZOR COMPANY”), THE OWNER AND OPERATOR OF THE WWW.TOPSHELFRAZORS.COM WEBSITE (THE “SITE”). 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 TopShelf 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
TOPSHELF 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. TopShelf Razor Company reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that TopShelf 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 TOPSHELF 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 TOPSHELF 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 TOPSHELF 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 TopShelf Razor Company website’s then-current pricing page(s) located on the Site at: http://www.topshelfrzors.com. TOPSHELF 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, TOPSHELF RAZOR COMPANY will refund the amount paid for any unused product(s) returned to the TOPSHELF RAZOR COMPANY all shipping and handling is the responsibility of the customer. Refund requests must be made directly to TopShelf Razor Company at firstname.lastname@example.org All refund requests must be made within thirty (30) days of the date of delivery by TopShelf Razor Company. In response to your refund request, TopShelf 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, TopShelf 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.
TopShelf Razor Company shall in its sole discretion provide a refund for a request that is received by TopShelf Razor Company more than thirty (30) days after the date of original delivery. TopShelf 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
TopShelf 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 TopShelf 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 TopShelf 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, TopShelf 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: TopShelf 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 TopShelf Razor Company at email@example.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. TopShelf 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. Once membership has been cancelled your status within the TopShelf Razor Company database will be deemed inactive and you will no longer be automatically eligible for any first time buyer membership special(s) i.e. additional blade cartridges, free handles, or monetary discounts of any kind. Should you choose to reactivate your membership you will be notified of your eligibility to participate in any then current and active first time buyer specials at the sole discretion of the TopShelf Razor Company.
2.5 – SHIPPING AND PRODUCT ACCEPTANCE
The shipment date will be determined according to the date of the Customer’s first purchase date and TopShelf Razor Companies standard shipping schedule. Topshelf Razor Company does not guarantee delivery times based on order date and all customers are subject to TopShelf Razor Companies then current shipping schedule.
2.6 – CORRESPONDENCES WITH MEMBERS
Any and all correspondences sent, issued, expressed, or transmitted by TopShelf Razor Company or any of its affiliates to You shall strictly be in the English language. Correspondences shall include but not be limited to TopShelf 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 TopShelf 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 TopShelf 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
4.2 – INDEMNIFICATION
You hereby agree to defend, indemnify and hold each of the TopShelf 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. TOPSHELF 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 “TOPSHELF 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 TOPSHELF RAZOR COMPANY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TOPSHELF RAZOR COMPANY OR ANY PERSON ON BEHALF TOPSHELF 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 TOPSHELF 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 TOPSHELF RAZOR COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.2 – IF, NOTWITHSTANDING THE FOREGOING, A TOPSHELF 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 TOPSHELF 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
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 firstname.lastname@example.org. 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