Terms & Conditions

OVERVIEW

This website is run by shapshe.com. Wherever the words “we”, “us” and “our” appear on the site, they refer to shapshe.com. shapshe.com makes this website available to you, the user, together with every piece of information, every tool and every service offered here, on the condition that you accept all of the terms, conditions, policies and notices set out below.

When you visit our site and/or buy something from us, you make use of our “Service” and accept that you are bound by the terms and conditions that follow (the “Terms of Service”, the “Terms”), together with any further terms, conditions and policies mentioned in this text and/or reachable through a hyperlink. These Terms of Service govern every user of the site, which includes without limitation anyone browsing, as well as vendors, customers, merchants and/or people who contribute content.

Please go through these Terms of Service attentively before you access or use our website. The moment you access or use any part of the site, you accept that you are bound by these Terms of Service. Should you not agree with every one of the terms and conditions of this agreement, you may neither access the website nor use any of the services. If these Terms of Service are treated as an offer, acceptance of it is limited expressly to these Terms of Service.

Any feature or tool added to the present store from now on will likewise fall under the Terms of Service. The version of the Terms of Service currently in force can be consulted by you at any moment on this page. We keep the right to update, alter or replace any portion of these Terms of Service by publishing updates and/or alterations on our website. Checking this page from time to time for alterations is your responsibility. Should you keep using or accessing the website after alterations have been published, that constitutes acceptance of them.

Shopify Inc. hosts our store. It supplies us with the online e-commerce platform through which we are able to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By accepting these Terms of Service, you state that you have reached at least the age of majority in the state or province where you live, or else that you have reached the age of majority in the state or province where you live and have granted us your consent for any of your minor dependents to make use of this site.

Our products may not be used by you for any purpose that is illegal or unauthorised, nor may you, while using the Service, break any law of your jurisdiction (copyright laws included, without limitation).

Worms, viruses or any code of a destructive character must not be transmitted by you.

Should any of the Terms be breached or violated, your Services will be terminated immediately.

SECTION 2 - GENERAL CONDITIONS

We keep the right to deny service to any person, for any reason, at any moment.

You acknowledge that your content (credit card information excluded) may be transferred without encryption and may involve (a) transmission across a variety of networks; and (b) alterations made so that it conforms and adapts to the technical requirements of the networks or devices it connects to. Credit card information is encrypted at all times while it travels across networks.

You accept that you will not reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of the Service, any access to the Service, or any contact on the website through which the service is delivered, unless we have given you express written permission.

The headings in this agreement have been included purely for convenience and will not limit these Terms or affect them in any other way.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We bear no responsibility if information published on this site turns out to be inaccurate, incomplete or out of date. The material on this site is supplied for general information alone and ought not to be relied upon, nor used as the only basis for taking decisions, without consulting sources of information that are primary, more accurate, more complete or more timely. Relying on the material on this site is done at your own risk.

This site may hold certain historical information. Historical information is by its nature not current and is supplied purely for your reference. We keep the right to alter the contents of this site whenever we wish, although we are under no obligation to update any information on it. You accept that monitoring changes to our site is your responsibility.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products may change without notice.

We keep the right, at any moment and without notice, to alter or discontinue the Service (or any portion or content of it).

Neither you nor any third party may hold us liable for any alteration, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products or services may be obtainable exclusively online, through the website. Such products or services may exist in limited quantities and may be returned or exchanged only in line with our Return Policy.

Every effort has been made by us to show the colours and images of our products as they appear in the store as accurately as we can. We are unable to guarantee that the display of any colour on your computer monitor will be accurate.

We keep the right, without being obliged to do so, to restrict the sale of our products or Services to any person, geographic region or jurisdiction. This right may be exercised by us case by case. We keep the right to restrict the quantities of any product or service we offer. Every description of a product and every product price may change at any moment without notice, at our sole discretion. We keep the right to discontinue any product whenever we wish. Any offer of any product or service made on this site is void wherever it is prohibited.

We give no warranty that the quality of any product, service, information or other material you purchase or obtain will live up to your expectations, nor that any error in the Service will be put right.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We keep the right to decline any order you place with us. At our sole discretion, we may restrict or cancel the quantities bought per person, per household or per order. Such restrictions may cover orders placed by or under one and the same customer account, one and the same credit card, and/or orders using one and the same billing and/or shipping address. Should we alter or cancel an order, we may try to let you know by contacting the e‑mail and/or the billing address/phone number supplied when the order was placed. We keep the right to restrict or forbid orders that, in our sole judgement, look as though they have been placed by dealers, resellers or distributors.

You accept that you will supply purchase and account information that is current, complete and accurate for every purchase made in our store. You accept that you will promptly update your account and other information, your email address and your credit card numbers and expiry dates included, so that we are able to complete your transactions and reach you whenever this is needed.

Further detail can be found in our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

Access to third-party tools that we neither monitor nor have any control or input over may be given to you by us.

You acknowledge and accept that access to such tools is provided by us ”as is” and “as available”, without warranties, representations or conditions of any kind whatsoever and without any endorsement. No liability of any sort arising out of or relating to your use of optional third-party tools rests with us.

Any use you make of the optional tools offered through the site is entirely at your own risk and discretion, and you should make sure you are familiar with, and approve of, the terms on which the relevant third-party provider(s) supply those tools.

In the future we may also offer new services and/or features through the website (the release of new tools and resources included). Any such new feature and/or service will likewise fall under these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Some of the content, products and services obtainable through our Service may contain material belonging to third parties.

Third-party links on this site may lead you to third-party websites that have no affiliation with us. Examining or evaluating their content or accuracy is not our responsibility, and we give no warranty and will bear no liability or responsibility for any third-party material or website, nor for any other material, product or service of third parties.

No harm or damage connected with the purchase or use of goods, services, resources, content, or any other transaction carried out in connection with third-party websites is our liability. Please read the policies and practices of the third party attentively and be sure you understand them before entering into any transaction. Any complaint, claim, concern or question about third-party products should be addressed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send certain specific submissions at our request (contest entries, for example), or if without any request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (together, 'comments'), you accept that we may, at any moment and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comment you forward to us. We are and will remain under no obligation (1) to hold any comment in confidence; (2) to pay compensation for any comment; or (3) to reply to any comment.

We may, without being obliged to, monitor, edit or remove content which we determine at our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or in any other way objectionable, or which violates the intellectual property of any party or these Terms of Service.

You accept that your comments will violate no right of any third party, including copyright, trademark, privacy, personality or any other personal or proprietary right. You accept as well that your comments will hold no libellous material and no material that is in any other way unlawful, abusive or obscene, and no computer virus or other malware capable of affecting in any way the operation of the Service or of any related website. Using a false e‑mail address, pretending to be someone other than yourself, or otherwise misleading us or third parties as to where any comment came from, is not permitted. You alone are responsible for any comment you make and for its accuracy. We take no responsibility and assume no liability for any comment posted by you or by any third party.

SECTION 10 - PERSONAL INFORMATION

Our Privacy Policy governs the submission of your personal information through the store. To consult our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

From time to time there may be information on our site or within the Service holding typographical errors, inaccuracies or omissions which may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We keep the right to correct any error, inaccuracy or omission, and to change or update information or cancel orders should any information within the Service or on any related website be inaccurate at any moment without prior notice (this includes after you have submitted your order).

We take on no obligation to update, amend or clarify information within the Service or on any related website, pricing information included and without limitation, except where the law requires it. No specified update or refresh date applied within the Service or on any related website should be read as an indication that every piece of information within the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

On top of the other prohibitions set out in the Terms of Service, you are forbidden from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or take part in any unlawful act; (c) to break any international, federal, provincial or state regulation, rule or law, or any local ordinance; (d) to infringe 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 on the basis of 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 kind of malicious code which will or may be used in any way that affects 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 of any related website, other websites or the Internet. We keep the right to terminate your use of the Service or of any related website should you violate any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We give no guarantee, representation or warranty that your use of our service will be uninterrupted, timely, secure or free of errors.

We give no warranty that the results obtainable from use of the service will be accurate or reliable.

You accept that from time to time we may withdraw the service for indefinite periods of time, or cancel the service at any moment, without giving you notice.

You expressly accept that your use of the service, or your inability to use it, is at your sole risk. The service and every product and service delivered to you through the service are (save where we have expressly stated otherwise) supplied 'as is' and 'as available' for your use, with no representation, warranty or condition of any kind, whether express or implied, and this includes every implied warranty or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

Under no circumstances will shapshe.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss or claim, nor for any direct, indirect, incidental, punitive, special or consequential damage of any kind, this including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damage, whether founded in contract, tort (negligence included), strict liability or otherwise, arising out of your use of any of the service or of any product procured by means of the service, nor for any other claim connected in any way with your use of the service or of any product, this including but not limited to any error or omission in any content, or any loss or damage of any kind incurred as a result of the use of the service or of any content (or product) posted, transmitted or otherwise made available through the service, even where their possibility has been advised. Because some states or jurisdictions do not permit the exclusion or the limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability will be limited to the fullest extent the law permits.

SECTION 14 - INDEMNIFICATION

You accept that you will indemnify, defend and hold harmless shapshe.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, reasonable attorneys’ fees included, made by any third party because of or arising out of your breach of these Terms of Service or of the documents they incorporate by reference, or your violation of any law or of the rights of a third party.

SECTION 15 - SEVERABILITY

Should any provision of these Terms of Service be determined to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent the applicable law permits, and the unenforceable portion will be deemed severed from these Terms of Service; such a determination will not affect the validity and enforceability of any of the remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities the parties incurred before the termination date will survive the termination of this agreement for every purpose.

These Terms of Service remain in force unless and until either you or we terminate them. You may terminate these Terms of Service at any moment by letting us know that you no longer wish to use our Services, or by ceasing to use our site.

Should you fail, in our sole judgement, or should we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may likewise terminate this agreement at any moment without notice, and you will stay liable for every amount due up to and including the termination date; and/or we may accordingly refuse you access to our Services (or to any part of them).

SECTION 17 - ENTIRE AGREEMENT

Should we not exercise or enforce any right or provision of these Terms of Service, that will not amount to a waiver of such right or provision.

These Terms of Service, together with any policy or operating rule published by us on this site or in respect of The Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreement, communication and proposal between you and us, whether oral or written (this includes, but is not limited to, any prior version of the Terms of Service).

No ambiguity in the interpretation of these Terms of Service will be construed against the drafting party. 

SECTION 18 - CHANGES TO TERMS OF SERVICE

The version of the Terms of Service currently in force can be consulted by you at any moment on this page.

We keep the right, at our sole discretion, to update, change or replace any part of these Terms of Service by publishing updates and changes on our website. Checking our website from time to time for changes is your responsibility. Should you keep using or accessing our website or the Service after changes to these Terms of Service have been published, that constitutes acceptance of those changes.

SECTION 19 - CONTACT INFORMATION

Any question about the Terms of Service should be sent to us at shapshewaisttrainer@gmail.com.