Terms and Conditions

WELCOME TO THE /SHÄP/

Welcome to the Terms and Conditions (“Terms”) for The /Shäp/ (“we,” “us” or “our”). The /Shäp/ provides the content and services available on the Site to you subject to the following Terms.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE ANY PART OF THE SITE.

The /Shäp/ reserves the right to change or modify these Terms at any time and in our sole discretion. We will provide notice of such changes, such as by posting a notice on the Site or updating the “Last Updated” date at the beginning of these Terms. If at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Site. By continuing to access or use the Site or order, receive or use our products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.

All orders have a 2-3 business day processing period any orders placed on Friday, Saturday or Sunday will be processed the following business day.

FINAL SALE

All items are FINAL SALE. No refunds or exchanges. 

CUSTOM ORDERS

All denim orders are CUSTOM and MADE TO ORDER. Color and brand will vary. THESE ARE FINAL SALE.

COLORS

Every effort to display the colors of our products have been made to appear as accurately as possible. However, we cannot guarantee that your monitor's display of a color will be completely accurate as computer monitors, tablets, and mobile devices vary. Please make sure to read full description for details. Should you have any questions please email hello@shoptheshap.com

 

  1. Privacy Policy

Your use of the Site is subject to our Privacy Policy, which is incorporated herein by reference and applies to our collection, use, disclosure and other processing of your personal information.

  1. Terms of Sale
  • Payment and Billing Information

By submitting your payment information to us, you authorize us (or our third party payment processor) to charge your credit card or other available payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”) in accordance with this policy. You acknowledge that the amount billed may vary due to promotional offers, changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event others acting with or without your permission use your credit card or other payment method to make Orders on the Site; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.

If your payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.

  • Pricing

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional.

  • Taxes

We will collect applicable sales tax on products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted to comply with applicable tax laws.

We ship all orders via the United States Postal Service first class shipping and priority shipping at an extra cost. All orders are subject to a 13 business day processing period.

  • No Resale

You are not permitted to resell, export or otherwise use our products for commercial purposes without our prior written consent.

  1. License to Access and Use Our Sites and Content

Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 8), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of The /Shäp/ and are protected by U.S. and international copyright laws.

You are not granted permission or any right to (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Site or Content, except as expressly permitted by us, or (f) use the Site or Content other than for their intended purposes. Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of The /Shäp/ .

  1. Repeat Infringer Policy; Copyright Complaints

We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) by submitting written notification to our designated agent at hello@shoptheshap.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Please note that if you knowingly materially misrepresent that material or activity within the Site is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the Digital Millennium Copyright Act.

  1. Trademarks

“The /Shäp/”  logo and any other  The/Shäp/  product or service names, logos or slogans that may appear on the Site or on The/Shäp/  products are trademarks of The/Shäp/  and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “The/Shäp/  ” or any other name, trademark or service name of The/Shäp/ without our prior written permission.

  1. Third Party Content

We may display content, advertisements and promotions from third parties through the Site or in shipments with products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that The/Shäp/  is not responsible or liable in any manner for such interactions or Third Party Content.

  1. User Conduct

You are prohibited from doing any act that has the effect of undermining the integrity of our reputation or our users’ reputations, our computer systems and network infrastructure, the Site or the method by which we provide our services to our users, including:

  • Posting or transmitting through the Site any material which: (i) violates or infringes upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability;
  • Using the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
  • Reverse engineering any aspect of the Site or doing anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Site;
  • Attempting to circumvent any content-filtering techniques we employ or attempting to access any feature or area of the Site that you are not authorized to access;
  • Developing any third party applications that interact with user content or the Site without our prior written consent;
  • Using any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extracting data or otherwise interfering with or modifying the rendering of Site pages or functionality; or
  • Using the Site for any illegal or unauthorized purpose, or engaging in, encouraging or promoting any activity that violates these Terms.
  1. User Content

We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to us textual, audio and/or visual content and information, including reviews and feedback related to the Site (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of your User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.

  1. Indemnification

By using the Site, you agree to defend, indemnify and hold harmless The/Shäp/ , its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (The/Shäp/ ) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of our Content, information, services and products, other than as expressly authorized in these Terms.

  1. Disclaimers

ALL PRODUCTS AND THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE /SHÄP/ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITE OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.

  1. Limitation of Liability; Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE/SHÄP/ BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITE OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE/SHÄP/, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE/SHÄP/’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE/SHÄP/ ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE/SHÄP/ EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS. THE FOREGOING LIMITATION SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE/SHÄP/’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.

  1. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order, receive and use our products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.