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- AGREEMENT TO TERMS & CONDITIONS, ACCEPTANCE OF TERMS & CONDITIONS
1.1.1 The website www.poundshaveclub.com is owned and operated by BenjaminDaniels Ltd, trading as “PoundShaveClub.” References to “we”, “us”, “our” or “the website” are references to BenjaminDaniels Ltd. We are a company registered in England (company number 9222734), our registered address is:-
BenjaminDaniels Ltd, 464 Shadwell Lane, leeds, LS17 8BA. Email for PoundShaveClub website is: email@example.com
1.1.2 By accessing our website you agree to our Terms & Conditions set out below. If you do not agree to these Terms & Conditions, you must exit our website immediately.
1.1.3 Your usage of this website and any membership and subscription of PoundShaveClub is at all times subject to these Terms & Conditions as applicable to your use of the website and all applicable laws.
1.1.4 PoundShaveClub has ‘Members’, and ‘Subscribers’. These Terms & Conditions apply fully to ‘Members’, and ‘Subscribers’.
1.1.5 PoundShaveClub has ‘one month Subscriptions’ and ‘two month subscriptions.’ These Terms & Conditions apply fully to all the subscription plans mentioned in 1.1.5. (See 8. Payments)
1.2 VARYING TERMS & CONDITIONS
1.2.1 You agree that PoundShaveClub has the right, from time to time, with or without notice to you, to change these Terms & Conditions at PoundShaveClubs’s sole discretion. The Terms & Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of PoundShaveClub website after changes are made means that you agree to be bound by such changes.
- YOUR MEMBERSHIP AND MEMBERSHIP PLANS
2.1 TERMS OF MEMBERSHIP
2.1.1 You can find the specific details regarding your membership with PoundShaveClub by logging into ‘My Account’ on www.poundshaveclub.com
2.1.2 New Memberships are currently set to run indefinitely, you are free to cancel any subscription associated with your membership at any time from directly within your account by clicking ‘Cancel.’
2.1.3 We may refuse any application to join PoundShaveClub or receive our services for any reason whatsoever. Please note that by supplying your email address on signing up you grant us permission to contact you via email regarding your account and changes to your subscription or the services this website offers.
2.1.4 We reserve the right with Thirty (30) days notice to you to change any of the terms of Your Membership or Your Subscription. Notice will be sent by email to the email address indicated in your Account.
2.1.5 Your privacy is of utmost importance to us. Any of your personal details will only be used by BenjaminDaniels Ltd and our carefully selected third party partners to ensure that we deliver an excellent service to you, and to process and deliver your order and maintain your account with us.
2.1.6 Your data may be transferred outside the EEA (European Economic Area).
2.2 MEMBERSHIP CANCELLATION AND MEMBERSHIP CHANGES
2.2.1 Membership to PoundShaveClub is free.
2.2.2 If you wish to cancel a membership you can do so by logging into ‘My Account’ on www.poundshaveclub.com and follow the instructions. To confirm cancellation please e-mail firstname.lastname@example.org
- YOUR SUBSCRIPTIONS
3.1 You can find the specific details regarding your subscription(s) with PoundShaveClub by logging into your My Account www.poundshaveclub.com and clicking on the Account Details.
3.2 PURCHASE OF SUBSCRIPTIONS
3.2.1 You may submit subscription orders online at any time. The facility and our communications to you in relation to any order will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
3.2.2 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms & Conditions.
3.2.3 Subscription payments are currently processed through our third party payment process service and are subject to their Terms & Conditions (See 8. Payment).
3.2.4 PoundShaveClub will automatically renew your Subscription on each monthly/bi-monthly anniversary date of the Subscription and, as authorised by you during the Subscription sign up process.
3.2.5 You can only purchase subscriptions to be delivered to addresses in the United Kingdom, including the Highlands and Islands, Scilly Isles, and the England but not the channel islands.
3.3 SUBSCRIPTION CANCELLATION AND SUBSCRIPTION CHANGES
3.3.1 If you wish to cancel a subscription you can do so by logging into ‘My Account’ on www.poundshaveclub.com and following the instructions. To confirm cancelation please e-mail email@example.com
3.3.2 Subscriptions must be cancelled or changed at least fourteen (14) days before the next bill date to prevent being charged for another month. Any subscriptions due in that time will be charged and processed as normal and no refunds will be given (See 12. Cancellation)
3.3.3 If you change your shipping or billing address, you must update your address details by logging into the “My Account” area on the website and updating “Shipping Details”. Please ensure this is done seven (7) days before a subscription is due to be dispatched as you will be liable for any subscriptions posted to the wrong location.
4.1 All content and programming of PoundShaveClub website is the property of BenjaminDaniels Ltd. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on PoundShaveClub website without prior written permission from BenjaminDaniels Ltd.
4.2 You agree that you will not infringe any rights including intellectual property rights of any person including, without limitation, copying, reproducing or otherwise modifying any material provided as part of your subscription.
- AVAILABILITY OF WEBSITE
5.1. Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us by e-mail to firstname.lastname@example.org and we will correct the fault as soon as we reasonably can.
5.2. Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email to email@example.com
6.1 WEBSITE USE TERMS & CONDITIONS
6.1.1 Your use of this website and any dispute arising out of such use of the website is subject to the laws of the England.
6.1.2 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
6.1.3 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
6.1.4 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. If your password becomes compromised you can change it in the “My Account” area on www.poundshaveclub.com or you must contact us immediately at firstname.lastname@example.org.
- COPYRIGHT AND TRADEMARKS
7.1 USER GENERATED DATA
7.1.1 In these Terms & Conditions, we use the term ‘User Generated Data’ to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a member or when you subsequently change that information.
7.1.2 This section of our Terms & Conditions sets out the rights and obligations that you and we have in connection with User Generated Data. If you review or submit User Generated Data you are agreeing to do so on these Terms & Conditions. If you do not want to review or submit User Generated Data on these terms, then you should not do so.
7.1.3 We do not systematically review User Generated Data submitted by users of this website. We do not necessarily endorse any opinion contained in such material.
7.1.4 We are not responsible for the content of User Generated Data. We make no warranties or representations, express or implied, about User Generated Data, including as to its accuracy or legality. We disclaim all liability in connection with User Generated Data to the full extent permitted by law.
7.1.5 Each time you submit User Generated Data to us, you represent and warrant to us as follows: (a) you own your User Generated Data or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (including copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Generated Data is not illegal, defamatory, obscene, pornographic, harassing, threatening, hateful, racially or ethnically offensive; does not encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law; and is not otherwise inappropriate; (c) your User Generated Data does not advertise any product or service or solicit any business; (d) your User Generated Data does not identify any individual (including by way or name, address or a still picture or video) under the age of eighteen (18) and if User Generated Data identifies any individual over the age of eighteen (18), you have that person’s consent to being identified in exactly that way in your User Generated Data; and (e) in submitting your User Generated Data you are not impersonating any other person.
7.1.5 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Generated Data, or to restrict, suspend, or terminate your access to all or any part of this website, particularly where User Generated Data breaches any of the Terms & Conditions and we may do this without giving you any prior notice.
7.1.6 We do not claim any ownership rights in User Generated Data. However, by submitting User Generated Data you hereby grant to BenjaminDaniels Ltd. a non-exclusive, royalty-free, sub licensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Generated Data in any media (including, but not limited to, our website and those websites which we operate by way of a ‘white label’ or ‘co-branded’ service for third parties).
7.1.7 We may link User Generated Data or parts of User Generated Data to other material, including data submitted by other users of the website or created by BenjaminDaniels Ltd and/or other third parties. We may use User Generated for our internal business purposes, for example, to examine trends or categories and to use those in the website or to promote, market or advertise BenjaminDaniels Ltd and www.poundshaveclub.com. We will not sell your User Generated Data to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Generated Data.
7.3.1 This website and its content is copyright of BenjaminDaniels Ltd. All rights reserved.
7.4.1 All trademarks, logos, images, products and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any licence or right to use, alter or remove such material.
8.1 The ‘Initial Subscription Date’ is the date of the first payment for a subscription.
8.2 Monthly subscription requires a payment to BenjaminDaniels Ltd every 30 days after the ‘Initial Subscription Date’.
8.3 Bi-monthly subscription requires a payment to BenjaminDaniels Ltd every 60 days after the ‘Initial Subscription Date’.
8.5 Details of your next payment date can be found on the main page of ‘My Account’.
8.6 All Payments shall be made either by Credit or Debit Card. All sales and payments will be in Pounds Sterling. Payments are processed by a ‘third party processing agent’ which in these Terms & Conditions refers to Braintree.
8.7 All payments must be processed before your products are shipped. You acknowledge that until we receive confirmation from our third party processing agent, payment has not been validly made and the order will not be shipped.
8.8 It is your responsibility to ensure that the ‘third party processing agent’ has correct and valid payment details throughout your entire subscription period.
8.9 If you do not pay on time or if your credit card cannot be charged for any reason, BenjaminDaniels Ltd. reserves the right to either suspend or terminate your subscription. Should your account fall into arrears, BenjaminDaniels Ltd. reserves the right to pass on your details to a third party collection agency for retrieval of the outstanding debt. There will be a GBP 30.00 handling charge for all such cases.
8.10 You agree not to hold BenjaminDaniels Ltd responsible for banking charges incurred due to payments on your account.
8.11 BenjaminDaniels Ltd reserves the right to change the fees for any services at any time. We agree to notify you at least thirty (30) days in advance of any change in fees.
- DELIVERY AND RETURNS
9.1 We ship our orders every day. The shipment usually takes between 2 to 3 days and will be sent by post. If you have not received your blades within 7 days of shipping please email email@example.com.
9.2 If you receive a defective product, or you are not satisfied with your purchase then please email firstname.lastname@example.org as your satisfaction is our priority. We cannot issue refunds on orders that have been paid for. If you are not satisfied with your subscription you can cancel this by going to “my account” and cancelling the subscription, please confirm cancellation by e-mailing email@example.com.
- PRIVACY & COOKIES
12.1 If you wish to cancel your Membership you can cancel this by going to “my account” and cancelling the subscription, please confirm cancellation by e-mailing firstname.lastname@example.org.
12.2 If you have made cleared payment for a delivery you can no longer cancel that delivery.
12.5 We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation. Any payments you have made for orders which have been properly cancelled will be re-credited to you.
12.6 Clause 12.4 above not withstanding, you are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should contact your card issuer for re-credit to your card.
12.6 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. In particular, we may do so is if we believe that you are in breach of any obligation under these Terms & Conditions, including, but not limited to, section 4.1. If we terminate your use of our service as a result of a breach of any obligation under these Terms & Conditions, such termination would be immediate and without notice.
- DAMAGED OR DEFECTIVE ITEMS
13.1 You must inspect the products delivered to you on day of receipt.
13.2 We will not replace or refund a defective item unless notified within two (2) days of any defects by sending an email to email@example.com with a brief explanation of the nature of the defect or damage and/or a photo of the item.
13.3 If we agree to refund you for a defective or damaged product you will be required to return that item.
- NO WAIVER
14.1 If we delay exercising or fail to exercise or enforce any rights available to us under these Terms & Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms & Conditions.
- THIRD PARTY RIGHTS
15.1 Subject to clauses 20.1, 20.2, 20.3 you hereby acknowledge and agree that nothing in these Terms & Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
15.2 In accordance with clause 1.2.1, we may rescind, waive, assign, release or vary any or all of the provisions in the Terms & Conditions in any way without the consent of any third party.
- ASSIGNMENT BY US
16.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms & Conditions. These Terms & Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.
- FORCE MAJEURE
17.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms & Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
- INDEMNITY BY YOU
18.1 You agree to indemnify and hold BenjaminDaniels Ltd, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms & Conditions or any violation by you of any applicable laws or the rights of any third party.
- WEBSITE DISCLAIMER
19.1 The information contained in this website is for general information purposes only. The information is provided by BenjaminDaniels Ltd and whilst we try to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
19.2 This website and its content is copyright of BenjaminDaniels Ltd. All rights reserved.
- DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
20.1 Nothing in this clause (20) or otherwise in these Terms & Conditions shall exclude or in any way limit BenjaminDaniels Ltd’s liability for:
- Death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977.
- Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website.
- Liability to the extent the same may not be excluded or limited as a matter of law.
- Nor will any of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
20.2 This website and its contents are provided “as is” and on an “as available” basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of products, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of or reliance on the content provided on the website or any conduct by users of the website. We reserve the right to deliver products or subscriptions at our sole discretion. Subject to clause 20.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
20.3 Subject to clause 20.1, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
20.4 Subject to clause 20.1 our maximum liability to you (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of GBP £1 and/or the total amount paid by you to us in respect of the services provided by BenjaminDaniels Ltd. in the month preceding any such claim. If you are a consumer, please note that this does not affect your statutory rights.
- APPLICABLE LAW
21.1 This website is controlled by BenjaminDaniels Ltd. Your use of this website is governed by these Terms & Conditions and construed and enforced in accordance with the laws of the English courts. Disputes arising from your use of this website and the services we provide are subject to the exclusive jurisdiction of England.