WORLDWIDE SHIPPING

Terms of Use

Welcome to VirginBlak.com. These Terms of Use govern your use of the VirginBlak.com website. By visiting or shopping at the VirginBlak.com website, you agree to be bound by these Terms of Use, as well as the other policies posted on the VirginBlak.com website.

By showing the products on the VirginBlak.com website, VirginBlak.com Ltd. is making an offer only to those who are legally capable of accepting, and do accept, such offer in Canada ("the Offer ") to sell those product(s) on the terms and conditions set out below. If you place an order for products shown on the VirginBlak.com website, your order will be deemed an acceptance in Canada of the Offer pursuant to these Terms of Use.

In these Terms of Use, we refer to VirginBlak.com Ltd. as "VirginBlak.com" and the VirginBlak.com website as the "Site"."

Use of the Site

License and Site Access

VirginBlak.com grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site, or any portion of the Site, except with express written consent of VirginBlak.com.  VirginBlak.com also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of VirginBlak.com so long as the link does not portray VirginBlak.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

Prohibited Uses of the Site

The licenses set forth in these Terms of Use do not include any rights to:

 interfere or attempt to interfere with the proper operation of the Site;

    * bypass any measures used to prevent or restrict access to any portion of the Site;
    * use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
    * take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
    * compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;
    * reproduce, record, retransmit, sell, rent, distribute, publish, post, or perform any of the content of the Site;
    * modify, download (other than page caching), reproduce, copy, or resell the Site, the content or any portion or derivative thereof;
    * copy or download any the account information of any user of the Site for the benefit of any other person or entity;
    * frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of VirginBlak.com;
    * use VirginBlak.com’s name, trademarks, service marks or logos in any meta tags or any other “hidden text”; or
    * use VirginBlak.com’s logo or other proprietary graphic or trademark as part of a link without express written permission.

Each of the foregoing is expressly prohibited unless VirginBlak.com’s prior express written consent has been given.  Any unauthorized use of the Site or any portion or derivative thereof shall terminate any license or permission granted by VirginBlak.com.

Termination of Access

You agree that VirginBlak.com may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site and your “My Account” without notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies.  YOU AGREE THAT VIRGINBLAK.COM WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.

Copyright

All content included on the Site, including text, graphics, logos, user interfaces, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of VirginBlak.com or its suppliers, licensors or content suppliers and is protected by applicable copyright laws.  The design, selection, arrangement, coordination and compilation of all content on the Site are the exclusive property of VirginBlak.com and protected by applicable copyright laws.  All software used on the Site is the property of VirginBlak.com or its software suppliers and protected by applicable copyright laws.

Product Descriptions

Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products.  VirginBlak.com does not represent or warrant that the descriptions of any products shown on the Site are accurate or complete.  IF A USER PURCHASES A PRODUCT FROM VIRGINBLAK.COM THAT IS NOT AS DESCRIBED ON THE SITE, THE USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR VIRGINBLAK.COM CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.

We have made every effort to display the colors of products on the Site as accurately as possible.  However, as the actual colors you see will depend on your monitor we cannot guarantee that your monitor’s display of any color will be accurate.

Returns

VirginBlak.com accepts returns of most defective products and (in the case of clothing) products of incorrect sizes.

Replacement or repair of returned products will be made in accordance with the Return and Refund Policy. 

Your Account

You are responsible for maintaining the confidentiality of your account and password for the Site, and agree to accept responsibility for all activities that occur under your account or password.  You agree to notify VirginBlak.com immediately of any unauthorized use of your account or password, or any other breach of security.  You may not use anyone else’s account or password at any time.  You may not attempt to gain unauthorized access to the Site.  You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted in the registration process.  You may update your “My Account” information by clicking on the “My Account” link on the Site.

Third-Party Links

The Site may contain links to other websites.  We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of the businesses or individuals operating these websites or the content of these websites.  VirginBlak.com does not assume any responsibility or liability for the actions, products, or content of any of these websites.  You should carefully review the privacy statements and other conditions of use set forth in such websites.

Age of Users

VirginBlak.com does not intend the Site to be viewed or used by individuals under the age of 18 (“minors”) without the supervision of a parent or guardian 18 years of age or older.  VirginBlak.com relies upon parents or guardians to determine if any content or items available on the Site are appropriate for the viewing, access or purchase by minors.  If a user is a minor, such minor may use the Site only under the supervision of parent or guardian.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY VIRGINBLAK.COM ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.  VIRGINBLAK.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE.  VIRGINBLAK.COM DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM VIRGINBLAK.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  VIRGINBLAK.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, VIRGINBLAK.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS SOLD BY IT OR AVAILABLE ON THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Applicable Law

By visiting the Site, you agree that the laws of the Canada Special Administrative Region, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and VirginBlak.com or its affiliates.

ALL TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE CANADA SPECIAL ADMINISTRATIVE REGION.

Modification to Terms of Use

VirginBlak.com reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time.  It is your responsibility to check these Terms of Use each time before using the Site.  Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.  You agree that all subsequent purchases by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use.