INTRO

Welcome to Belugashave.com (“Site”), a property of Beluga Shave Co. LLC (“we”, “our”, “us”, and “Beluga”), a limited liability company incorporated in the State of Ohio. These Terms of Services (“Agreement”) are a legally binding contract between you and Beluga Shave Co. LLC required of all users as a condition of using our website. These terms and conditions are subject to change without prior written notice at any time, so please check back frequently to observe any changes made in Beluga’s sole discretion.

Description of Service

We at Beluga, manufacturer and sell high quality shaving tools, that provide a professional quality shave that saves you money in the long-term.  Shaving made easy.

Basic Conditions of Use

The following conditions must be met to access and use our Site:

1. Must be 18 years of age or older, or meet the minimum age of contractual capacity in your jurisdiction
2. Agreement to these terms

Privacy Policy

Beluga has established a privacy policy explaining how user-generated information is collected and used. Users are responsible for reading the Privacy Policy in its entirety. Use of this website constitutes acceptance of the Privacy Policy as well.

These Pre-Order Terms and Conditions (these “Terms”) govern the placing of pre-orders (“Pre-Order”) with Beluga Shave Co. LLC, an Ohio corporation (the “Company”) for the Products (as defined below). Please read these Terms carefully before submitting your Pre-Order of any Beluga Shave Co. Products. By submitting your Pre-Order, you agree to be legally bound by these terms.

Pre-Order Terms & Conditions

Pre-Order Registration

When placing a Pre-Order for the Beluga Razor, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Beluga Shave Co. LLC shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to info@belugashave.com

Payment

You will be charged at the time of placing the order. If Beluga Shave Co. LLC is unable to commence shipping the Product then Beluga Shave Co. LLC shall process a full refund to you.  This refers only to orders place via www.belugashave.com and not Kickstarter. Methods of payment accepted are Visa, Master Card, American Express, and others as made available from time to time by the payment gateway provider. Your placing of a pre­order constitutes your express agreement to the company charging of your provided payment method at such time. The purchase price does not include import duties, taxes and other government charges, which are your responsibility.

Refunds

Once you place your order on www.belugashave.com, you are entitled to a full refund at any time up and until we ship.  This is not for Kickstarter orders, only orders on www.belugashave.com.   All you have to do is simply email us at refunds@belugashave.com.

We have a 60-day return policy. However, your razor must be returned in like-new condition, and any dents, excessive wear, or other damage will cause your product not to be allowed to be returned. In addition, you will pay for return shipping back to us (see below how to do this), and if it is noticeably USED you will also be deducted a 25% restocking fee off the total price you paid for the razor itself in order to pay for sanitizing and restocking.  However, if the razor is determined to be UNUSED then we will eliminate the restocking fee and fully refund the total price you paid for the razor itself.

The 60 day return period begins the day your razor is shipped to you, and if returning, you simply need to contact us requesting an RMA number within the first 60 days from when it was shipped to you.

How do I set up a return?

Email us at returns@belugashave.com so we can get started on the return process. You will be required to obtain a Return Merchandise Authorization (RMA) number that will be placed on the outside of the shipping package before you can return the product for a refund. We request you choose a trackable shipping option and insure your package. Please include your name, address, phone number, and if you feel like it, any reason you are requesting a refund.

Your Intellectual Property

We love to hear from customers about their use of Beluga products. We love this so much that we may want to share such information with the world through our website or various marketing materials that we may produce to promote Beluga Shave Co. LLC. Accordingly, by submitting anything to our site through email, you agree and warrant that you have the right to grant and do grant us a license in perpetuity to the use and broadcast of the information without compensation. However, we do respect and care about our customer’s privacy so please contact us as info@belugashave.com if you have any questions or concerns.

Our Intellectual Property

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that users see or read on the Site are owned by Beluga Shave Co. LLC. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Proprietary Material is protected by the laws of copyright, patents, and other proprietary rights and laws. You agree not to use our Proprietary Material of Beluga Shave Co. LLC without the express written permission of Beluga Shave Co. LLC. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the user to civil and/or criminal penalties.

Account Security

Upon registration, Beluga Shave Co. LLC will have each user create a unique Identification and password. Only the individual to whom the identification and password are assigned to will have access to that account. Users are solely responsible for maintaining and protecting the confidentiality of their identification and password, and members are fully responsible for all activities that occur under their identification and password. If users suspect that any unauthorized party may be using their password or account, or if users suspect any other breach of security, users agree to contact Beluga Shave Co. LLC immediately.

Taxes

Depending on your location, there may be separate sales tax attributable to your product purchase as mandated by state law.

Shipping Charges

Beluga Shave Co. LLC provides free ground shipping within the continental United States (Lower 48 states) only. Hawaii, Alaska, Puerto Rico and all International shipments require an extra shipping charge that is assessed at checkout. If you would like to make any changes to your order before shipping please email us at info@belguashave.com immediately, but we cannot guarantee anything.

International Credit Card Purchase

Beluga Shave Co. LLC is a United States of America company that mainly deals with United Stated Dollars (USD). Accordingly, when using an international credit card, you may be charged in USD and your bank may charge up to two types of additional charges: (1) a conversion fee to exchange payment from your currency to USD; and (2) a “foreign transaction” since Beluga Shave Co. LLC is located in another country other than yours. However, if your credit card is set up to deal with USD, then you will avoid the first fee altogether. This is unfortunately up to your bank, so the exact behavior.

International Shipping

Beluga Shave Co. LLC is a United States of America company and we ship our product from the USA. Accordingly, it will be important for you to be aware of your countries Custom Duties, VAT, Tariffs, and other fees that may apply to this order that may be above and beyond what you expect. Such charges vary based on your country that you are shipping to.

 

How do I set up a return of the Razor?

Email us at returns@belugashave.com so we can get started on the return process. You will be required to obtain a Return Merchandise Authorization (RMA) number that will be placed on the outside of the shipping package before you can return the product for a refund. We request you choose a trackable shipping option and insure your package. Please include your name, address, phone number, and if you feel like it, any reason you are requesting a refund.

25 Year Limited Warranty

We at Beluga stand by our razor. We warrant each and every Beluga Razor to be free from defects in material and workmanship for 25 years beginning on January 1st of the date printed on the razor that represents the year it was manufactured. If this product is found to have defects in material or workmanship, Beluga Shave Co. LLC will repair such razor. In the event repair is not possible, Beluga Shave Co. LLC will replace your razor with a new razor of similar composition and price. Such a decision will be up to Beluga to decide.

THIS WARRANTY SHALL NOT APPLY TO THE FOLLOWING:

1. Any product that has been subject to abuse, misuse, neglect, alteration, abnormal use or accident. Yes, this means if you accidentally dropped the razor on the ground or bang it against the counter then you are not covered under this warranty.
2. Any defects or damage directly or indirectly caused by the use of unauthorized replacement parts and/or service performed by unauthorized personnel.

However, if your razor was damaged due to misuse, our repair department can analyze the damage and repair it for a reasonable fee if possible.

WARRANTY/REPAIR INSTRUCTIONS:

When submitting a razor because you believe there was a manufacturing defect, follow these 3 steps:

1. Email warranty@belugashave.com and request a Return Merchandise Authorization (RMA) number along with a written explanation of the problem describing the damage to your product and how it happened.

2. If approved and receive the RMA number. Prepare razor for shipment. Please include your name, address, phone number, any specific repair instructions and whether your razor holds sentimental or collectable value. Finally, for the safety of our technicians, we ask that you please clean away any direct or debris from your razor and please remove the blade.

3. Package your razor securely in a box or padded envelope, have insurance & tracking applied, and ship it to the address provided when you receive the RMA number. Be sure the razor cannot move or shift while inside the package. Shipping your razor in a regular paper envelope is NOT recommended.

PLEASE NOTE: If your razor meets our warranty guidelines and cannot be repaired, we may, at our discretion, offer to replace it with a currently manufactured razor that most closely matches the one you sent. If you decide to accept the replacement razor option, your old razor cannot be returned. A razor with sentimental or collectible value will be returned and not replaced if requested. If your razor cannot be repaired and does not meet our warranty guidelines, it will be returned “as is”. Some razors cannot be repaired depending on the limited availability of parts. Please note all repairs are made with currently manufactured parts. If your razor can be repaired and is not covered by our warranty, you will be contacted by mail with the non-warranty charges. Please allow 6-8 weeks for service.

This warranty provides you with specific legal rights. You may have additional rights which may vary from state to state.

Delays

The Site may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Beluga Shave Co. LLC is not responsible for any delays, failures or other damage resulting from such problems.

Typographical Errors

We understand that errors occur from time to time and we hope you understand as well. Accordingly, in the event a Beluga Shave Co. LLC product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Beluga Shave Co. LLC shall have the right to refuse or cancel any and all orders placed for the product listed at the incorrect price irrespective of whether or not the order has been confirmed and your credit card charged. If your credit card is charged, Beluga Shave Co. LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. BELUGA SHAVE CO. LLC EXPRESSLY MAKES NO WARRANTIES WHATSOEVER CONCERNING RESALE PRODUCTS SINCE ALL PRODUCTS ARE SOLD DIRECT TO CONSUMER. USERS OF THE SERVICE AGREE THAT THEIR USE IS ENTIRELY AT THEIR OWN RISK. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. BELUGA SHAVE CO. LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND ITS SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, BELUGA SHAVE CO. LLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR ACCESSED THROUGH ANY HYPERLINKS ON THE WEBSITE. BELUGA SHAVE CO. LLC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER MALWARE IN CONNECTION WITH THE USE OF OUR WEBSITE. Limitation of Liability IN NO EVENT SHALL BELUGA SHAVE CO. LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF BELUGA SHAVE CO. LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AND IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Beluga Shave Co. LLC, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Crew”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

DMCA Notices

To those who believe your copyright has been infringed by Beluga Shave Co. LLC we are deeply sorry you feel that way and please contact us to resolve the issue immediately by contacting us at info@belugashave.com with:

-Your name.
-The name of the party whose copyright has been infringed, if different from your name.
-The name and description of the work that is being infringed.
-The location on our website of the infringing copy.
-A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
-A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

Third Party Links

Occasionally Belugashave.com may link to third party websites that offer products or services other than that offered on belugashave.com. Please use common sense when navigating the internet and always observe whether you are on our website or another’s since Beluga Shave Co. LLC has nothing to do with any contracts formed between you and a third party.

Force Majeure

If by acts of God, winds, fires, epidemics, natural disasters, acts or orders of any kind of any governmental authority, or any other circumstance that is beyond the control of either parties to this Agreement, Beluga Shave Co. LLC is unable to perform its obligations under this Agreement, such party will not be deemed to be in default.

Assignment

We may assign any of our rights or obligations under this Agreement to a third party such as with the sale of our brands or business, however you may not assign any rights or obligations without prior written consent in order to avoid confusion and potential liability because the paperwork says one thing and you said another.

Governing Law and Forum of Dispute

You agree that this Agreement and any sales shall be governed solely by the law of the State of Ohio in the country of the United States of America, and that the offer and acceptance of this Agreement are deemed to have occurred in the State of Ohio of the United States of America. Therefore, the parties agree to the non-exclusive jurisdiction of the courts of the State of Ohio.

Mediation, Dispute Resolution, and Court of Law

Any dispute arising from this Agreement, which cannot be resolved by the parties to this Agreement, in good faith and after making their best effort, shall first be submitted to mediation with a neutral mediator agreed upon by the parties, with the cost of the mediator to be borne equally by the parties to this Agreement. If a dispute cannot be resolved through mediation, Beluga Shave Co. LLC, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules.

Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. If mediation does not resolve the dispute and arbitration is not elected by Beluga Shave Co. LLC, the parties may seek resolution in the state or federal courts located in Hamilton County, Ohio. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Beluga Shave Co. LLC products) must be commenced within one year after the claim or cause of action arises. Beluga Shave Co. LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practices shall act to modify any of these terms and conditions. Beluga Shave Co. LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Entire Agreement

This Agreement constitutes the entire Agreement between the parties in respect to its subject matter and supersedes all prior, or contemporaneous Agreements between the parties in connection with the same subject matter.

Severability

If any clause, provision or section of this Agreement is for any reason held to be illegal, invalid, or inoperable, such illegality, invalidity or inoperability shall not affect the remainder thereof entered into or taken by the parties under this Agreement.

*This document was last updated on November 7th, 2014