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SUBSCRIPTION PROGRAM TERMS AND CONDITIONS
PLEASE READ THESE SUBSCRIPTION PROGRAM TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER FOR A SUBSCRIPTION ON THE WEBSITE. These Subscription Program Terms and Conditions (“Terms”) apply to your purchase of a subscription and any products in connection therewith, as set out in the order made on https://hensonshaving.com (the “Website”) to which these Terms are linked (the “Order”):
In addition to the terms defined elsewhere in these Terms, the following terms have the following meanings: (a) “Agreement” means, collectively, these Terms, the Order, the Policies, and any schedules attached to any of the foregoing; (b) “Henson” means Henson Shaving Inc.; (c) “Lifetime Supply” means one hundred (100) Razor Blades every two (2) years during the Subscription Term; (d) “Policies” means the Website terms of service (available at: https://hensonshaving.com/policies/terms-of-service), the Privacy Policy, and, unless otherwise set out herein, such other policies as are posted on the Website from time to time; (e) “Privacy Policy” means the Henson privacy policy (available at: https://privacy.hensonshaving.com/); (f) “Razor Blades” means the Henson razor blades, as made available by Henson on the Website; (g) “Subscription” means a subscription to the Program (as defined in Section 3), as set out in the Order; and (h) “Subscription Term” means the term of the Subscription, starting on the Order date and continuing for a period of fifty (50) years, unless terminated earlier in accordance with the terms of the Agreement. For clarity, the Subscription Term is non-renewable and will automatically expire at the end of fifty (50) years, unless explicitly extended by Henson in writing.
By placing an Order, you acknowledge and agree that you have read these Terms and understand and agree to be legally bound by them. You further acknowledge that the Agreement constitutes the full and complete agreement between you and Henson in relation to the purchase of the Subscription and all products ordered pursuant to the Order (collectively, “Products”).
The membership program is a subscription service provided by Henson that provides a Lifetime Supply of Razor Blades to eligible customers for their personal and non-commercial use (the “Program”).
To be eligible to participate in the Program, you must: (a) be a resident of Canada or the United States; (b) purchase one (1) or more Henson razors and a Subscription together in the Order; (c) not have previously purchased a Subscription; and (d) comply, and continue to comply, with the terms of the Agreement.
In connection with the Subscription, you acknowledge and agree that: (a) the initial purchase of a Subscription shall include the first shipment of one hundred (100) Razor Blades (“2 Year Supply”); (b) the Subscription is not transferable; (c) these Terms shall continue to apply throughout the Subscription Term; and (d) you consent to the receipt of communications from Henson in connection with the Subscription and the Order.
- Requests for 2 Year Supplies
Every two (2) years during the Subscription Term, Henson shall email you, at the email address provided in connection with the Order, and provide a unique, one-time use coupon code, which you can used for the purchase of the next available 2 Year Supply (each, a “Coupon Code”). Each Coupon Code shall be equivalent to the value of the then-current cost of a 2 Year Supply, including any shipping and handling fees. The Coupon Code shall not expire and may be used by you at any time during the Subscription Term. You are solely responsible for any use and/or misuse of a Coupon Code. You agree that each Coupon Code: (a) must be used for the intended purpose and in a lawful manner; (b) may only be used pursuant to the terms of the Agreement; and (c) is not valid for cash.
If your email address changes throughout the Subscription Term, you must notify Henson as soon as possible. Henson shall not be responsible for any failure to provide a Coupon Code to you, if your email address has changed and you have failed to notify Henson of such change.
- Gift Subscriptions
You may purchase a Subscription as a gift for another individual (“Gift Recipient”) by selecting the “gift” option at checkout or contacting support@hensonshaving.com, and providing the Gift Recipient’s details. Upon activation by the Gift Recipient, the Gift Recipient will become the Subscription holder and will be bound by these Terms. The Gift Recipient’s use of the Subscription constitutes acceptance of all obligations and restrictions in the Agreement, as if they had made the original purchase. Once activated by the Gift Recipient, the Subscription is non-transferable and may not be assigned, sold or otherwise transferred to any other person or entity. Any unauthorized transfer attempt will result in termination of the Subscription without refund. By purchasing a Subscription as a gift, the purchaser acknowledges and agrees that it is their responsibility to ensure the Gift Recipient is aware of these Terms, and that activation by the Gift Recipient constitutes acceptance of and compliance with the terms of the Agreement.
Subject to Section 5, subsequent distribution or resale of the Subscription, a Henson razor, the Razor Blades, or a Coupon Code, or the use of any of the foregoing for any commercial purpose, is strictly prohibited without Henson’s prior written approval. You may not sell or otherwise transfer the Subscription or any of your rights and privileges related thereto, without Henson’s prior written approval.
The Order is subject to acceptance by Henson, and Henson may choose not to accept the Order for any reason without liability to you. Henson reserves the right to cancel or refuse the Order at any time, in its sole discretion.
- Delivery Terms
The delivery dates for the Products will be established by Henson upon receipt and acceptance of the Order. Unless otherwise stated, any times or dates for delivery are estimates only and the actual delivery dates may vary. Shipping is handled by a third-party carrier. Title to and the risk of loss of all Products shall pass to you upon delivery of the Products by Henson to the third-party carrier.
Henson shall use reasonable efforts to fulfill the Order, in accordance with the quantities set out therein. Depending on the size of the Order or the availability of the Products, you may receive several shipments to complete the Order. You acknowledge that Henson’s ability to fulfill each Order is subject to any allocations deemed necessary by Henson in the event of any Product shortages, production or delivery delays, events of force majeure or other reasons beyond Henson’s control. In such circumstances, Henson shall not be liable to you or any third party, as a result of its failure to deliver or make available the Products.
- Pricing
Pricing for Products and the Subscription are found on the applicable Product and Subscription pages of the Website. The price charged for the purchased Products and Subscription (including any shipping and handling fees) will be the prices specified on the check-out page of the Website on the Order date (collectively, the “Prices”). Henson may, in its sole discretion, change the Prices at any time in its sole discretion. Price protection and refunds are not available in the event of promotions, temporary offers or price reductions.
Henson may, in its sole discretion, create promotional codes (other than the Coupon Codes) that may be redeemed on the Website for discounts on certain Products (“Promo Codes”). Promo Codes are subject to any additional terms specified by Henson and the following conditions:
- Promo Codes must be used solely by the intended recipient, for the intended audience and purpose, and in a lawful manner. Promo Codes are for personal, non-commercial use only and may not be duplicated, transferred, sold, or made available to the general public (such as through public forums or websites) unless expressly permitted by Henson.
- Henson reserves the right to disable any Promo Code at any time for any reason, including, but not limited to, suspected fraud, misuse, or violation of the applicable Promo Code terms. Promo Codes are not redeemable for cash and may expire prior to your use.
- Any use of a Promo Code that Henson determines, in its sole discretion, to be in error, fraudulent, illegal, or in violation of the applicable terms may result in the revocation of any benefits obtained and, where applicable, additional action, such as termination of the Subscription without refund.
- Valid Promo Codes applied by you will be deducted from the fees due to Henson for the applicable Products. Promo Codes do not apply retroactively, and any refunds for items purchased using Promo Codes will be limited to the amount paid after applying the Promo Code discount, excluding the value of the Promo Code itself.
- Return and Refund Policy
If a Product exhibits a manufacturing defect, as determined by Henson in its sole discretion, Henson will replace the defective Product free of charge. This policy does not cover damage caused by user mishandling, wear and tear, or exposure to harsh cleaning chemicals. You are responsible for shipping costs related to returning defective Products to Henson for inspection.
If you are not completely satisfied with the Subscription or any Product, please contact Henson at support@hensonshaving.com within one hundred (100) days of the Order delivery date to begin the return process. Returns must include both the purchased razor and the 2-Year Supply. You are responsible for all return shipping costs. Upon receipt and inspection of returned items, Henson will approve or reject the refund based on condition. Refunds, if approved, will exclude non-refundable shipping and handling fees. If your refund is approved, your Subscription will automatically be terminated.
No refunds will be issued for: (a) razors, if, in accordance with Henson’s records, you have previously returned a razor; (b) the Henson Ti22 razor; (c) any requests received after one hundred (100) days from the Order delivery date; (d) Products showing signs of misuse, mishandling, or abnormal use, including dishwasher damage; (e) lost or stolen Products; and (f) returns provided without prior approval from Henson.
To the fullest extent permitted by applicable law, you shall indemnify and hold harmless Henson and its affiliates, directors, officers, employees, agents and other representatives (collectively, “Representatives”) from and against all losses, claims, liabilities, damages, suits, actions, penalties, demands, levies, costs and expenses (including reasonable legal and advisory fees) (collectively, “Claims”) of whatever kind or nature, arising out of or relating to: (a) your use or misuse of the Products or the Subscription; (b) your breach of any term of the Agreement or any representation, warranty or covenant provided thereunder; (c) your negligence or willful misconduct; (d) your violation of any applicable laws; (e) unauthorized access, use or misuse by a third-party to whom you provide Promo Codes, Coupon Codes or Subscription details; and (f) your cause of, or contribution to, the injury, illness, disability (including permanent disability), or death of a third party.
In no event will Henson be liable for any special, incidental, indirect, consequential, exemplary or punitive damages or any damages for loss of profits, loss of data, business interruption or loss of business information, arising from or relating to the Agreement. These limitations will apply regardless of the Claim, and regardless of whether Henson had been advised of the possibility of such damages.
If circumstances arise where you are entitled to recover damages relating to the Agreement, the aggregate liability of Henson, if any, will in no event exceed the value of the Prices actually paid by you to Henson pursuant to the Order.
Except as expressly set out in the Agreement, and to the maximum extent permitted by applicable law, Henson makes no representations or warranties of any kind, whether express, implied, statutory or otherwise, regarding the Subscription or the Products, which are provided on an “as is” and “as available” basis. Henson expressly disclaims all representations, warranties, guarantees, covenants and conditions of any kind relating to the Subscription and the Products, whether express, implied, statutory or otherwise, including, without limitation, any warranty or condition of merchantability, merchantable quality, durability, title, non-infringement or fitness for a particular purpose. Without limiting the generality of the foregoing, Henson expressly disclaims all liability for Claims that are due to normal wear, Product misuse, abuse, and/or Product modification. Except as otherwise expressly set out herein, any information, Subscription, Products, or other items obtained or purchased via the Website are provided to you solely at your own risk and you will be solely responsible for any harm that results from anything obtained via the Website and/or an Order.
Notwithstanding any other provision in the Agreement, no right, title, or interest, including any intellectual property rights, in the Products or the Subscription is transferred to you by virtue of the Agreement. Henson and its licensors retain all rights, title, and interest in and to the Products, the Subscription, and any associated intellectual property, including all modifications, enhancements, and derivative works thereof.
Upon purchase, and subject to Section 5, Henson grants you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive licence to use the Subscription and any Products solely for your personal, non-commercial use. You agree not to modify, reproduce, distribute or create derivative works of any Henson intellectual property, nor use the Subscription, Products, or any associated intellectual property for any commercial purpose.
Any unauthorized use, including commercial resale or distribution, sublicensing, or exploitation, of the Subscription or the Products will result in immediate termination of the Agreement and may subject you to additional legal action. Henson reserves all rights to protect its intellectual property and enforce the terms of the Agreement, including, but not limited to, seeking injunctive relief and damages.
No rights or licences, express or implied, are granted to you under the Agreement except as expressly set out therein. Any rights not expressly granted are reserved by Henson and its licensors.
- Termination of Subscription by You
You may cancel your Subscription at any time by providing written notice to Henson’s support team at support@hensonshaving.com. Given the nature of the one-time Subscription fee, if you cancel the Subscription, other than pursuant to a warranty claim in accordance with Section 11, such cancellation shall be without refund of any fees paid by you to Henson, and Henson reserves the right to disable or revoke any Coupon Codes not yet redeemed.
If you unsubscribe to any communications from Henson at any time during the Subscription Term, your Subscription shall automatically terminate, without refund of any fees paid by you to Henson, and Henson reserves the right to disable or revoke any Coupon Codes not yet redeemed.
- Termination of Subscription by Henson
Henson may, in its sole discretion, terminate the Subscription at any time upon written notice to you, if: (a) you breach any material term of the Agreement; (b) misuse or unauthorized resale or transfer of the Subscription, the Razor Blades, or any Coupon Code is suspected; or (c) there is evidence of fraudulent activity or abuse of the Program. In the event of termination by Henson for any of the above reasons, you shall not be entitled to any refund of fees paid, and Henson reserves the right to disable or revoke any Coupon Codes not yet redeemed.
- Automatic Termination
The Subscription shall terminate automatically upon your death or, where applicable, upon the dissolution or bankruptcy of an account holder that is an entity. Upon automatic termination, Henson will cease all services associated with the Subscription. No refund of fees paid shall be due in connection with automatic termination.
- Effect of Termination
Upon termination or cancellation of the Subscription for any reason, you shall immediately cease all use of the Subscription benefits, including, but not limited to, any outstanding Coupon Codes. Any attempt to access or redeem Subscription benefits post-termination may result in additional charges or penalties. Henson reserves the right to pursue any additional legal remedies available in the event of unauthorized use.
Except as otherwise expressly stated in the Agreement, the Subscription fee paid is non-refundable. Henson shall not be liable to provide any pro-rata refund, credit, or other compensation upon cancellation, regardless of the reason, including, without limitation, voluntary cancellation, automatic termination, or Henson-initiated termination.
In limited cases, and at Henson’s sole discretion, Henson may permit the reinstatement of a canceled Subscription. Reinstatement requests will be reviewed on a case-by-case basis and, if approved, may be subject to an administrative fee, which shall be communicated to you at the time of reinstatement.
- Cessation of the Program
Henson reserves the right to stop offering the Program at any time. If your Subscription was activated prior to the effective end date of the Program, Henson shall, in its sole discretion, either: (a) continue to honour the Subscription until the end of the Subscription Term; or (b) refund you the price paid by you to Henson for the Subscription, on a pro-rated basis, up to a maximum of fifty (50%) percent of such price.
- Data Protection and Privacy
Henson collects and processes certain personal information related to your Subscription, such as contact information and Order details (“Personal Data”), solely for account management, Order fulfillment, and customer support purposes, as outlined in the Privacy Policy. Henson complies with applicable data protection laws, including the Personal Information Protection and Electronic Documents Act, and takes appropriate security measures to protect Personal Data against unauthorized access, disclosure or misuse.
Subject to applicable law, you may request access, correction, or deletion of your Personal Data, or withdraw consent where processing is based on consent. Please direct such requests to Henson at support@hensonshaving.com.
Henson may use third-party service providers for services such as payment processing and shipping under confidentiality obligations. Personal Data will be retained only as necessary to fulfill these Terms and comply with legal requirements.
- Applicable Laws
The Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to any conflict of laws provisions. The Parties expressly attorn to the exclusive jurisdiction of the courts located in the Province of Ontario. The Parties specifically exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the application of any domestic statute that has adopted it into law.
- Force Majeure
Henson will not be liable for any delay or delay in fulfilling an Order, Subscription, or any obligations under the Agreement due to any causes beyond its reasonable control, including, but not limited to, acts of God, epidemics, pandemics, government restrictions, earthquakes, floods, fires, explosions, delays in transportation, unavailability of equipment or materials, breakdown, lock-outs, strikes or labor disputes, embargoes, riots, sabotage, terrorism, cybersecurity incidents (such as data breaches or system outages affecting service delivery), or any other events that could not have been reasonably foreseen or mitigated. Henson will make reasonable efforts to resume performance as soon as practicable but reserves the right to cancel the affected Orders or delay Subscription services without liability.
- Language of Agreement
Vous avez eu accès à une version française de ces Conditions. Si, néanmoins, vous choisissez d’accepter uniquement la version anglaise de ces Conditions, vous serez réputé avoir exigé que ces Conditions et tous les documents associés soient rédigés uniquement en anglais. En cas de conflit ou d'incohérence entre les versions française et anglaise du Contrat, la version anglaise prévaudra.
You have been provided access to a French version of these Terms. If, notwithstanding, you choose to accept only the English version of these Terms, you will be deemed to have required that these Terms and all related documents be drafted in English only. In the event of any conflict or inconsistency between the French and English versions of the Agreement, the English version shall prevail.
- Miscellaneous
Henson may, in its sole discretion at any time, amend these Terms upon written notice to you. Your continued use of the Subscription after any such amendments shall signify your acceptance of the revised Terms. If you do not agree to such amendments, you should cancel your Subscription.
Any waiver of any provision of the Agreement will only be effective if in writing and signed by Henson. The failure of Henson to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
If any provision of the Agreement is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
Upon expiration or termination of the Agreement, all provisions of the Agreement which, by their nature and surrounding circumstances, reasonably should survive expiration or termination, will survive expiration or termination of the Agreement.
You and Henson are independent contractors. The Agreement does not constitute either party as an agent, legal representative, sales representative, franchisee, partner, employee, servant or joint venturer for any purpose of the other party. Neither party will have any authority to make any statements, representations, or commitments of any kind, or to take any action or incur any liability, which will be binding on the other party.
In the event of any conflict or inconsistency concerning these Terms and any other terms of the Agreement, these Terms shall control and supersede any such conflict or inconsistency.