TERMS OF SERVICE


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OVERVIEW

This website is operated by The Victor Academy Inc. (Victor Academy). Throughout the site, the terms “we”, “us” and “our” refer to Victor Academy. Victor Academy offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


Our store is hosted on Cargo. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or state of residence, or that you are the age of majority in your province or state of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue any products or the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.

We believe our gloves will exceed your expectations, however, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services, products and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via Victor Academy may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.


SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Victor Academy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Victor Academy Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).


SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 177 Craigleith Rd. , Blue Mountains, ON, L9Y 0S4, Canada.


SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

If you have any questions, concerns or comments about the Terms of Service, please send them to us at info@thevictoracademy.com.



PRIVACY STATEMENT


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SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

With your permission, we may send you emails about our store, new products and other updates.


SECTION 2 - CONSENT

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting the necessary information and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at: info@thevictoracademy.com

or mailing us at:

The Victor Academy Inc.
220 Hurontario St. Unit A
Collingwood, Ontario
L9Y 2M2
Canada



SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.


SECTION 4 - STRIPE

Our store is hosted on Cargo. They provide us with the online e-commerce platform that allows us to sell our products to you.

Your data is stored through Stripe’s data storage, databases and the general Stripe application. They store your data on a secure server behind a firewall.


Payment via Stripe:
If you choose a direct payment gateway to complete your purchase, then Stripe stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Stripe’s Terms of Service here or Privacy Statement here.


SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.


Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.


SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.


SECTION 7 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your province or state of residence, or that you are the age of majority in your province or state of residence and you have given us your consent to allow any of your minor dependents to use this site.


SECTION 8 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.


QUESTIONS AND CONTACT INFORMATION

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please contact our Privacy Compliance Officer at drew@thevictoracademy.com or by mail at:

The Victor Academy Inc.
PO Box #405 33 Hurontario Street
Collingwood, ON, Canada
L9Y 3Z7


RETURNS


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FULL-PRICED ITEMS RETURN POLICY

Full-priced items are eligible for a return within fifteen business days. Items must be unworn and unwashed with the original packaging fully intact and unmarked. A legible copy of your receipt or proof of purchase needs to be included with the return in order to be completed. Victor Academy products will only be accepted if returned with their original, undamaged packaging. Products and packaging must be clean and unmarked.

Please note Victor Academy only accepts returns. If you wish to exchange a product, please return the product to us and proceed to purchase the new size or style that you are looking for. *please read our Return Process below.

Unfortunately, Victor Academy does not accept returns from outside Canada or the USA. All international orders are final sale.

SALE ITEMS POLICY

All sale and discounted items are final sale and not eligible for a return. All items purchased with a promotional code are also final sale and are not eligible for a return. Victor Academy does not honour price adjustments.

COLLABORATIVE PROJECT POLICY

All collaborative project or pro-model products are final sale and not eligible for a return.

HOLIDAY RETURN POLICY

All full-priced gloves purchased on or after December 1st can be returned for online credit only until January 5th.

PROCESS FOR RETURNS

If you wish to return your purchase, please email info@thevictoracademy.com. Return requests must be emailed within fifteen days upon receipt of your purchase. In your email please specify the reason behind your return, as well as the merchandise style number and description of the item(s) you wish to return. All gloves/mittens must be shipped back inside another box to prevent damage to the original packaging. Once your request has been emailed and the return is approved, Victor Academy will provide you with additional instructions to complete the return.

The return process will be completed if the merchandise is returned to Victor Academy within fifteen days from the date your return request was approved by Victor Academy.
If a return request or returned merchandise falls outside of the fifteen day time frame, we unfortunately will not be able to accept the return.

Please send your returned item(s) in one shipment to:

The Victor Academy Inc.
220 Hurontario St. Unit A
Collingwood, Ontario
L9Y 2M2
Canada

Once your return has been received, you will be refunded the amount paid on your credit card, less original shipping costs.

Please note, you are responsible for all shipping and customs charges associated with returning an order.

GUIDELINES

Victor Academy reserves the right to reject any returns that do not comply with our policies outlined above. Any returns that are not authorized will be sent back to you at your expense and a refund will not be granted.

Victor Academy is not responsible for packages lost or damaged in transit.

For any questions, concerns or comments regarding our return process, please email info@thevictoracademy.com. We’re here to help.

INQUIRIES

For any questions, concerns or comments please email info@thevictoracademy.com. Our customer service team is available Monday-Friday (excluding weekends and holidays). We’re a small team and try to respond to all inquiries within 48 hours. We appreciate your support and patience.


PAYMENT TERMS


ITEM AVAILABILITY

Victor Academy ensures inventory posted on www.thevictoracademy.com aligns with actual stock on hand. If for some reason the item(s) purchased is not in stock, notification will be sent immediately, and your order will be refunded for the missing item.

PAYMENT METHODS

Victor Academy accepts the following payment methods:

Paypal
Visa
Mastercard

ORDER CANCELLATION

Victor Academy reserves the right to cancel any orders relating to fraudulent activity. Any orders cancelled as a result of this will be notified by email, and will be refunded in full.

SALES TAX AND DUTY

Victor Academy

Canada

Purchases made in British Columbia are subject to a 5% GST and 7% PST tax rate.
Purchases made in Ontario are subject to a 13% HST tax rate.
Purchases made in Newfoundland are subject to a 13% HST tax rate.
Purchases made in Nova Scotia are subject to a 15% HST tax rate.
Purchases made in New Brunswick are subject to a 13% HST tax rate.
All remaining Canadian provinces are subject to a 5% GST tax rate on all purchases.

International

International orders are subject to duty and/or taxes levied by the importing country. By purchasing on www.thevictoracademy.com you understand that you are responsible for all such charges. Should you refuse to pay duty/tax, your order will be returned to us and you will be credited the amount you paid, less full shipping costs.

TRACKING YOUR ORDER

After completing your purchase on www.thevictoracademy.com, you will receive an order confirmation email containing your complete order details. Once the order has been processed and shipped, a shipping confirmation email will be sent out containing your tracking details.


ORDERING TERMS



SHIPPING & HANDLING

Victor Academy ships all orders destined for a Canadian address via FedEx, and by DHL for orders placed from the US or internationally. Once an order has been shipped, you will receive an email outlining your order and tracking information.

If there is an apartment number or unit number associated with your address, please make sure to include it. Victor Academy does not ship to P.O. Boxes or Freight Forwarders.

SHIPPING RATES

All orders within Canada – $10 CAD
All orders to the United States – $20 CAD
All International orders – $40 CAD

ORDER PROCESSING

All orders placed on thevictoracademy.com Monday-Friday, will begin processing the following business day. Please note, orders placed on Friday will begin processing on the following Monday as our shipping department closes over the weekend. Victor Academy will ship within 48 hours after processing has begun and pending credit verification.

All purchases placed on December 24th after 2pm PST through to December 26th, will be shipped out on the 30th due to the holiday closures. Any order placed on December 26th will follow our regular shipping policy and will be shipped out after 48 hours for order processing, not including weekends or holidays.

Please expect 2-3 business days for shipping within Canada and the USA, and 7-9 business days for international shipping. Delivery times do not include Saturday, Sunday, or Holidays.

Please note, when international orders reach their destination country, they may be subject to customs clearance procedures which may cause delays beyond original delivery estimates. Additional fees may also be incurred dependent upon the destination country’s import laws.

LOST AND DAMAGED ITEMS

Victor Academy is not liable for any damages incurred during transit, and lies within the responsibility of the shipment Provider. All purchases are made at the buyers’ own risk. Victor Academy does not assume any responsibility for lost or damaged packages.







TERMS/POLICIES
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