TERMS AND CONDITIONS OF USE

1. Acceptance of Terms

Each time you use or access this website, you agree to be bound by these terms of use, which we may amend from time to time with or without notice to you. In addition, if you are using a particular service hosted on or accessed via this website, you will be subject to any rules or guidelines applicable to the said services, and they will be incorporated by reference within these terms of use. Please refer to our Privacy Policy which is incorporated within these terms of use by reference.

2. Right to Edit Site

This website and the services provided to you on and through this website are provided on an "AS IS" basis. You agree that the site editor exclusively reserves the right to modify or discontinue provision of this website and its services, and to delete the data you provide, either temporarily or permanently. The site editor shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities

To use this website or parts of it, you may be required to sign up and log onto this website; in this case, you agree to provide truthful information when requested. You must be at least the thirteen (13) years of age. By registering, you explicitly agree to this site's terms of use, including any amendments made by the site editor from time to time and available here.

4. Minors

Persons under the age of thirteen (13) may not register to use this site.

5. Privacy policy

Registration data and other personally-identifiable information that may be collected on this site is subject to the terms of the site's privacy policy.

6. Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, shall be under the sole responsibility of the person providing the content or the person whose user account is used. You agree that this website may expose you to content that may be objectionable or offensive. The site editor shall not be responsible to you in any way for the content that appears on this website, nor for any error or omission. By using this website or any service provided, you explicitly agree that you shall not:

(a) provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libellous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) impersonate or misrepresent your association with any person or entity; forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; 

(c) collect or harvest any data about other users;

(d) provide or use this website for the provision of any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising, without the site editor's prior written consent;

(e) provide any content that may give rise to civil or criminal liability of the site editor, or that may constitute or be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyright, trademark, patent, or trade secrets.

(f) Post, transmit, link to or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability or otherwise use vitalfacecare.ca in a manner which is contrary to law or would serve to restrict or inhibit any other person from using or enjoying our site.

(g) Defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity.

(h) Post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component.

7. Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

8. Credit Cards

We accept the following credit cards: Visa, MasterCard and American Express. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number that your financial institution has on file for you. Incorrect information will result in a delay in the processing of your order.

9. Multiple Product Orders

For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products actually in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

10. Order Acceptance Policy

Your receipt of an electronic order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order, for any reason or to supply less than the quantity you ordered of any item.

11. Other Terms and Conditions

These Terms Conditions supersede any terms and/or conditions you include with any purchase order, regardless of whether we sign them or not. We reserve the right to make changes to this site and these Terms and Conditions at any time.

12. Returns

Our return policy is 30 days from original date of purchase. If 30 days has elapsed since the time of purchase, then unfortunately we can’t offer a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it, with all original packaging. 

We can only replace items if they are defective or damaged and while supplies last. If the item you have purchased is part of a limited run or special edition, we cannot guarantee an exchange for your item if the replacement item is out of stock. We will, however, honour your exchange as a refund/return and will contact you prior to determine how you would like to proceed.

Complete the Return/Exchange Form on our store website and submit. Once we receive your request we will review and if eligible, you will be provided with a Return Merchandise Authorization (RMA) Number. Print the RMA and include a copy with your return.

Once received, your return will be inspected, and an email will be sent to you advising if a re fund/exchange has been approved or denied. If approved, your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 14 days. Exchanges will be shipped once the item is inspected and approved.

You will be responsible for paying for your own shipping costs for returning your item. You are also responsible for any shipping costs for exchanged items unless damaged. Should we be responsible, then you will be provided with a shipping label to facilitate the return. Depending on where you live, the time it may take for your exchanged product to reach you may vary.

If you are shipping a return over $100, you should consider using a trackable shipping service, or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

E-Commerce purchases made through the website and cannot be returned to a retail location. Returns will only be refunded to the same method of payment.

For all eligible e-commerce returns for which you have been provided an RMA number, you need to mail the product to our fulfillment company complete the return process:

Vital Face Care Inc. - Returns
80 William Smith Drive
Whitby, ON, Canada
L1N 9W1

13. Shipping Policy

In stock products will be shipped within four (4) to six (6) business days. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability. You will be responsible for any costs associated with shipping a returned item unless damaged/defective.

Depending on your shipping address, the time it may take for your exchanged product to reach you may vary.

14. Taxes

Our Store will automatically charge and withhold all applicable Provincial and Federal taxes as are required by Law.

15. Intellectual Property Rights

The Site and its contents are protected by intellectual property rights, including copyright and trademarks. Except as expressly authorized by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.

16. English Language

The parties hereto confirm that it is their wish that this Agreement, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only.

Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s’y rattachent, soient rédigés en langue anglaise.

17. Submission Of Content To This Website

You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose.

By submitting any material to us you acknowledge that we may copy, modify, distribute or create a derivative work from the Material in any manner that we shall determine. You will indemnify us if any third party takes action against us in relation to the Material.

You must not cause any nuisance, annoyance or inconvenience to us, our customers or our users of the Site.

You must not submit any Material which is defamatory, offensive, menacing or obscene to the Site or which in our Judgment may cause nuisance, annoyance, damage or offence, inconvenience to us or any other person or which is illegal. We may remove such material from the site at any time without notice to, or consent by, you.

We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of these Terms.

18. Indemnification

You agree to indemnify and hold harmless the site editor and the site editor's subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable attorney's fees, that may be made by any third party, due to or arising out of your conduct or connection with this website or service, your provision of content, your violation of these terms of use, or any other violation of the rights of another person or party.

19. Disclaimers

Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes or requirements. If your PC does not support relevant technology including encryption, you may not be able to use certain services or access certain information on the Site. The Site is accessed via the World Wide Web, which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for all information or service obtained by you on the World Wide Web. The content of the Site has been compiled from a variety of sources and is subject to change without notice. We use reasonable care in compiling and presenting the content of the Site, but we give no guarantee that the content is complete, accurate, error or virus free or up to date. So far as permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including, but not limited to any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill.

21. Notification of Copyright Infringement

If you believe that your property has been used in any way that would be considered a copyright infringement or a violation of your intellectual property rights, please contact Vital Face Care Inc. at the following address:

Vital Face Care Inc. (Attn: Terms of Use)
1 First St #220
Collingwood, ON
L9Y 1A1
CANADA