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SHAPERMINT TERMS & CONDITIONS

SHAPERMINT TERMS & CONDITIONS

Effective as of January 2024

1. GENERAL

The following terms and conditions (the “Terms”) apply to all orders and any other services (collectively the “Services”) requested or placed by the client (hereinafter referred to as “you” or “users”) with Shapermint (hereinafter referred to as “Shapermint”, "us" or “we”), at the Shapermint website (https://shapermint.com), the Shapermint mobile applications, via telephone and/or any other websites or applications that direct the user to these Terms (jointly, the “Site”). The terms “Shapermint” “we” and “us” refers to Overnel S.A. and its subsidiaries and affiliated companies, including but not limited to, Favorite World, LLC.

Please note that by using the Site you agree to be bound by these Terms. Therefore, if you disagree with any part of the Terms then you should stop using the Site immediately. Please make sure you have read and understood the Terms before placing your order. These Terms apply to all visitors, users and others who access or use the Site.

In order to be able to use the Site, you must be at least 18 years old or have the consent of your parents or guardians to use the Site. The Site is not intended for users who do not meet these requirements. Therefore, you hereby state that you are at least the minimum age required or that you have such parental or guardian consent and that you have read, understood, and agreed to comply with these Terms. If this is not the case, you may not use the Site.

We reserve the right to amend or update these Terms at any time without prior notice, by uploading a new version on the Site. The version of the Terms that will apply to your order will be the one displayed on the Site at the time you complete your order. Therefore, your continued use of the Site, constitutes your agreement with and consent to abide by any posted amendments to the Terms.  If you do not agree to, or cannot comply with the Terms as modified, you must stop using the Site immediately.

You agree that Shapermint may send (although not obliged to), electronic communications to you in order to advise you of any change to the Site, about any of Shapermint's products or services, or for any other purpose that Shapermint considers appropriate (please read the opt-out section in the Privacy Policy below).

You agree not to act in a manner or employ any device that may restrict other users from using the Site, or which may negatively affect the security of the Site. You should not use any device to copy content from the Site. Shapermint reserves the right to deny access to the Site to any user who breaches these provisions or any other provision in these Terms.

2. COMPLETING ORDERS AND EXECUTION OF A CONTRACT

By placing and completing an order, you are offering to purchase a product subject to these Terms. Please be aware that all orders are subject to availability and confirmation of payment. Shapermint reserves the right to refuse any order made by you.

When completing an order, you are stating the following: (i) that all the information you provide to us is true and accurate; (ii) that you are at least the minimum age required by these Terms or that you have the parental consent required; (iii) that you are an authorized user of the credit card or of the PayPal account used to place your order; and (iv) that there are sufficient funds to cover the cost of the products ordered.

When you complete an order, you will receive an e-mail confirming receipt of your order. This email will only be an acknowledgement and will not mean that we accepted your order. A contract between you and us for the purchase of the products ordered will not be created until your payment has been approved by us and we have debited the corresponding amount from your credit card or your PayPal account. You will be able to review or amend your order at any time before clicking on the "Complete Order" button.

Once Shapermint receives your order, we will check there are sufficient funds to complete the transaction. Your card or PayPal account will be charged once the order has been accepted. Once this check is completed, we will send you an email of acceptance of the order to confirm you that we have accepted your order and that therefore your products will be shipped. If for any reason we do not or cannot accept an order completed by you, we will notify you by email and there will be no liability on the side of Shapermint. Once you receive the email of acceptance of the order, a contract between you and us will be executed regarding the product or products detailed in the email. Please note that no product will be shipped until payment has been made in full.

Please check the details of both emails received very carefully. In case you detect any errors or inconsistencies you must contact Shapermint’s Customer Services by email at [email protected]

3. DELIVERY AND SHIPPING INFORMATION

Shapermint will make its corresponding efforts to deliver your order to the shipping address within the period indicated below (only if such address is within the limits of delivery of Shapermint).

Please be aware that we are unable to change the delivery address once the order has been placed. Please note that any changes you make after placing an order will not take effect immediately and will not apply to orders already completed.

Shapermint endeavours to ship orders within the time period indicated in the following link depending on the shipping method and address: https://help.shapermint.com/hc/en-us/articles/360033692934-How-long-will-my-order-take-to-be-delivered-and-how-much-. However, delivery may take longer due to unexpected events or delays resulting from postal issues or force majeure events, or due to any other reasonable situations, foreseeable or not. Shapermint will not be liable in these cases. In the event that your delivery date is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date, in such cases Shapermint shall not be liable for late delivery.

If your order does not arrive by the delivery date, please contact Shapermint Customer Service by email at [email protected]

Please refer to https://help.shapermint.com/hc/en-us/articles/360033692934-How-long-will-my-order-take-to-be-delivered-and-how-much- for shipping fees depending on the destination and shipping method. 

4. PRODUCT DESCRIPTION, POTENTIAL ERRORS AND INACCURACIES

There may be information on the Site that contains errors, inaccuracies, or omissions that may relate to product descriptions or availability. In all cases, errors are absolutely unintentional and Shapermint will not be liable for them.

Please note that regarding the colors of our products, Shapermint has made reasonable efforts to show the colors of our products at the Site, as they are in reality. However, as the colors you see will depend on the monitor of your computer and settings, we are not able to ensure that your monitor's display of any color will be accurate and some colors may differ. Regarding sizes, item’s measurements given on the Site are only approximate values to give you a better understanding of the model or fit of that specific product but they are not a guarantee of the actual measurements of the products ordered and received by you. 

We make no representation regarding the completeness or accuracy of any information we post on the Site. In this regard, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you.

We reserve the right to refuse to fill any orders that you may place based on information on the Site that may contain errors or omissions, including, without limitation, errors or outdated information regarding prices, shipping and payment conditions, or return and exchange policies. In case we refuse to fill an order placed by you, if your card or your PayPal account has already been charged for the purchase and your order is cancelled, we will refund the applicable amount using the same method you used to make the payment.

The risk of loss and title for all products purchased by you and shipped by us will be transferred to you once we deliver the products ordered to the shipping address.

5. RETURNS AND EXCHANGES

If you are not satisfied with your Shapermint purchase, you may return it or exchange it within a 60-day period as from the day of order. Once the 60 days’ period is over, we assume that you are satisfied with your products.

Please visit https://shapermint.com/a/returns-exchanges and https://help.shapermint.com/hc/en-us/categories/360000369573-Returns-Exchanges for details about how to return unwanted or unsuitable items for a refund or exchange.

If you decide to return the products to us for a refund or exchange in accordance with our returns & exchanges procedure, risk will remain with you until you have delivered the returned products to us, following the corresponding procedure for these purposes.

All products must be returned in the same condition they were when they were received by you. This means the products cannot be damaged nor stained, washed, worn (other than to carefully try them on) or altered in any way and that any labels or tags must not have been removed.

You will find more details regarding our return process in https://help.shapermint.com/hc/en-us/articles/360003796194-What-is-your-returns-and exchanges-policy-.

6. PRODUCT AVAILABILITY

Shapermint products displayed at the Site may be offered in limited quantities, this means that once an item is sold out, it is possible for it not being offered again by Shapermint and therefore it may not appear on the Site again. Shapermint undertakes no obligation to restock such sold-out items. When a product that appears on our Site is no longer in stock, we will make every attempt to remove that product from the Site in a timely manner. However, there may be some days of delay in the removal of a product that is not anymore available. Shapermint will not be liable in any way for such delays.

If you have ordered a product that is unavailable, we will inform you as soon as possible by email and, if applicable, we will give you an estimated date of when the product is expected to be back in stock. Alternatively, you will have the right to cancel your order and receive a refund from us in case your credit card or your PayPal account has already been charged.

7. PRICING AND PAYMENT INFORMATION

7.1.- Currency.

The Site has a display feature which allows you to see the prices displayed in your preferred currency. You can update the currency by changing it from the local currency to your preferred currency.

Please take into consideration that the currency you select is for reference use only. 

Prices may be displayed in your selected currency for your convenience, but in all cases your card will be charged in US Dollars which is the default currency. Prices will be converted to US dollars at an exchange rate of the moment of the transaction. As reference, the source for determining the Exchange rate shall be taken from a serious and trustworthy reference source chosen by the hired payment service provider which may slightly differ from the official exchange rate valid in your country. 

Note that depending on your card´s local currency, your bank or credit card company may assess additional fees, which may increase the overall cost of your purchase. Please contact your bank regarding these fees. Shapermint is not responsible for any such fees and disclaims all liability in this regard.

7.2. Cross-border fees

Extra fees may appear on your bank statement, or the amount charged may differ from what appeared on the Shapermint checkout page. Please contact your credit or bank card issuer regarding this situation. If your bank considers a Shapermint processing entity as international, you may be charged cross-border fees by your bank even if the charge was processed in the original currency of your payment method. If the fees were added by your card-issuing bank, Shapermint will not refund them.

7.3.- Shipping Fees

All prices listed on the Site exclude shipping fees which are added to the total cost of the order during the order process, but before you click on the “Complete order” button. Please see https://help.shapermint.com/hc/en-us/articles/360033692934-How-long-will-my-order-take-to-be-delivered-and-how-much-for aplicable shipping fees and shipped method.

7.4. Payment Methods

You can pay for your products in accepted credit cards or through Paypal. However, Shapermint reserves the right to amend or stop offering any of the payments methods currently used.

7.5. Import duties and taxes.

Please note that orders being shipped may be subject to import duties and taxes. You will be liable for all import duties and taxes due at the point of or after delivery. Shapermint does not have any control over these fees. Please contact your local customs office for further information.

7.6.- Billing information.

Regarding the billing information, you provide Shapermint and its third party payment processors express authorization to charge the amounts indicated in your order. Failure to provide accurate billing information or falsifying the billing information may result in termination of your order and termination of your right to use the Site. Shapermint reserves the right to update your information from available third party sources. The terms of your payment method may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If Shapermint does not receive payment form your payment provider, you agree to pay all amounts due on your account upon demand. Otherwise, we reserve the right to delay delivery of the items selected until payment or to cancel your order.

You are responsible and liable for any costs, expenses and fees that Shapermint may incur in order to collect balances due. This provision does not limit any other remedies available to Shapermint. In case you need help regarding billing issues, please email us at [email protected].

8. PRIVACY POLICY

Our Privacy Policy, which you can read here, describes how we may collect, use and disclose your personal information.  It also describes related rights and choices you may have.  By using the Site, you acknowledge that you have read and understand our Privacy Policy.

9. INTELLECTUAL PROPERTY

All intellectual property rights (including descriptions, pictures, photographs, designs, patterns, special settings, etc.), trademarks and copyrights at the Site are the exclusive property of Shapermint and its subsidiaries or licensors, or of the third party which has granted a license to Shapermint for its use in the website. Any use of the Site or its contents (other than for your own personal use) is strictly prohibited without the prior written authorization of Shapermint.

Consequently, none of the content of the Site may be copied, reproduced or shared in any form or used by any means, without the prior written authorization of Shapermint or the corresponding licensor.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Disclaimer of Warranties

This Site and all Shapermint content, information, products and third party content made available to you through the Site, including the products sold at the website, are provided on an “as is” and on an “as available” basis. Therefore, to the extent permitted by law, Shapermint disclaims any and all warranties of any kind, whether express or implied, as to quality, accuracy, completeness or validity of the products or its descriptions, nor of the content of the Site, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Shapermint does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and company does not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from Shapermint or any materials or content available through the Site will create any warranty regarding Shapermint, products, or the Site that is not expressly stated in these Terms. We are not responsible for any damage that may result from the Site, the products, or their packaging. You understand and agree that you use any portion of the services and products at your own discretion and risk, and that we are not responsible for any damage to you or your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content. The limitations, exclusions and disclaimers in these Terms apply to the fullest extent permitted by law. company does not disclaim any warranty or other right that Shapermint is prohibited from disclaiming under applicable law.

By using the Site, you are acknowledging that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any device you use in connection with your use of our Site, and that Shapermint will not be liable for any damages of any kind related to your use of this Site.

You agree that, at any time, we may remove products or access to the Site for unlimited periods of time or cancel the Site at any time, without prior notice.

To the extent that this Site contains links to outside services and resources, Shapermint hereby states that it has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.

Limitation of Liabilities

To the full extent permissible by law, in no event Shapermint, or its officers, directors, employees, shareholders or agents, will be liable for damages of any kind arising from the use of the Site, or from any information, content, materials, products or other services included on, or made available to you, through the Site (including the purchasing of products), including, but not limited to direct, indirect, incidental, punitive, and consequential damages, or any damages that result from errors, omissions, disruptions, deletion of files or emails, imperfections, viruses, delays of any time or any failure of performance, whether or not resulting from acts of god, communications failures, theft, destruction, or unauthorized access to Shapermint’s records, programs or services; and be liable to the users for any indirect, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of users’ personal information, or the inability to use the Site.

In case Shapermint breaches these Terms, we shall only be liable for losses or damages which are a reasonably foreseeable consequence of such breach, or of our failing to use reasonable care and skill; but we will not be responsible for any loss or damage that is not foreseeable. In no event, whether as a result of breach of contract, warranty, condition, tort, strict liability, statute or otherwise shall either party be liable to the other for any special, consequential, incidental, or indirect damages. In all cases Shapermint’s liability would be limited to the total price of your order as it is stated below.

You understand that you are personally responsible for your behavior while using the Site and agree to indemnify and hold harmless Shapermint, including its officers, directors, employees, agents and licensors from and against claims of any kind that these may incur in connection with a third party claim or otherwise, arising out of or related to your unauthorized use of the Site or its content, your violation of these Terms, applicable law or the rights of any third party. To the extent permitted under applicable laws, you hereby release Shapermint, including its officers, directors, employees, agents and licensors from any and all claims or liability related to your unauthorized use of the Site or its Content, or non-compliance of these Terms. 

Shapermint will not be responsible for any material or manufacturing faults in products that we have supplied, or in the packaging of such products, including damage incurred in transit, but only for breaches in its capacity as seller of the products. Please note that Shapermint is not the manufacturer of the products, and any liability related to manufacturing, including damages that may be caused by the products, shall be the exclusive responsibility of the manufacturer. Shapermint shall also not be liable for any damages caused by the packaging of the products.

In all cases, without prejudice of the limitations included above, Shapermint’s responsibility for any loss or damage will be limited to the total price of your order. Additionally, you agree that any claim you may have arising out of or related to your relationship with Shapermint must be filed within one year as from the date such claim arose. Otherwise, your claim shall be permanently barred.

11. Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed and interpreted by and under the laws of the state of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements.

Survival

Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Notice: Violations

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to [email protected] with the subject line “Legal Notice.”

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury

Please read the following Section carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Application of Dispute Resolution Process 

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: 10785 W. Twain Ave. Ste 229, Las Vegas, NV, 89135. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules

Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration

If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits

 If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of Jury Trial

The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions

All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality 

All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability

If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Dispute Resolution section will continue in full force and effect.

Right to Waive

Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.

Survival 

This Dispute Resolution section will survive the termination of your relationship with us.

Emergency Equitable Relief

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

Claims Not Subject to Arbitration

For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in Orange County, California.

12. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITION

Shapermint (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “SMS/MMS Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”).  By opting in to or participating in any of our SMS/MMS Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the SMS/MMS Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

We respect your privacy. We will only use information you provide through the SMS/MMS Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE SMS/MMS PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the SMS/MMS Program for an ulterior purpose, We may refuse you access to the SMS/MMS Program and pursue any appropriate legal remedies. 

California Civil Code Section 1798.83 permits Users of the SMS/MMS Program that are California residents to request certain information regarding our disclosure of the information you provide through the SMS/MMS Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address: 

Shapermint

[email protected]

This Privacy Policy is strictly limited to the SMS/MMS Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

User Opt In: The SMS/MMS Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).  Message and data rates may apply.

User Opt Out:  If you do not wish to continue participating in the SMS/MMS Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify:  If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND COUNTRY LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

SMS/MMS Program Description: Without limiting the scope of the Program, users that opt into the SMS/MMS Program can expect to receive messages concerning the marketing and sale of ATHLETIC CLOTHING, SHAPEWEAR, LOUNGEWEAR, INTIMATE APPAREL, NUTRITIONAL, HEALTH ORIENTED OR GENERALLY INFORMATIVE CONTENT, COSMETICS AND/OR DIETARY SUPPLEMENTS.

Cost and Frequency: Message and data rates may apply. The SMS/MMS Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected].  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The SMS/MMS Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The SMS/MMS Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements:  You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction:  You may not use of engage with the Platform if you are under thirteen (13) years of age.  If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:  You acknowledge and agree to not send any prohibited content over the Platform.  Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
  • Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Voxie Ventures LLC (dba Voxie),  Attentive Mobile, Inc., or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the SMS/MMS Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be resolved by binding arbitration. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. 

All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the SMS/MMS Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the SMS/MMS Program after any such changes, you accept this Agreement, as modified.

Shapermint Club Terms & Conditions.

These Terms and conditions (“Terms”) apply between the client (hereinafter referred to as “you” or “users”) and us and govern our respective rights and obligations in relation with the Shapermint Club membership. Us refers to Shapermint (“Shapermint.com”, “Shapermint”, “us,” or “our”), Overnel S.A. and its subsidiaries and affiliated companies, including but not limited to, Favorite World, LLC.

Please note that your use of the Shapermint.com website and Shapermint Club membership are also governed by all other applicable terms, conditions, limitations, and requirements on the Shapermint.com website, including Shapermint’s Privacy Policy.

If you sign up for a Shapermint Club membership, you accept these terms, conditions, limitations and requirements.

By opting in to or participating in any Shapermint Club, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Shapermint Club and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

If you have any questions about these Terms, please contact us by email at ([email protected]) or call us at ((831) 888-0074).

MEMBERSHIP ("Membership"):  The Shapermint Club program ("Program") is a U.S. based loyalty program and is available only in the U.S. and its territories.  Participation in the Program and the benefits of the Program are offered at the sole discretion of Shapermint. Eligible customers may enroll for Membership in the Program online at www.shapermint.com. Eligible customers who enroll for Membership in the Program are referred to collectively in these Terms and Conditions as "Members," and individually as a "Member”.

ELIGIBILITY:   The Membership is limited to individuals that are acting in a personal capacity and not in the capacity of a company, who have a current and valid email account and are at least 18 years of age, or from 16 years of age who has the consent of the parent(s), guardian or legal representative as applicable. Shapermint reserves the right to request written confirmation of such consent. Any fraudulent activity or attempt to manipulate or abuse the Program will result in the Membership being terminated without notice.  Shapermint’s right to terminate a Membership from the Program is in addition to any other legal or equitable remedies that may be available to Shapermint’s under applicable law.  

ACCOUNT REGISTRATION; ACCOUNT USE:

1) Account Registration. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time.

2) Security of Your Account. You agree to notify Shapermint immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by Shapermint or a third party due to someone else using your account, unless such use is due to Shapermint’s willful misconduct.

3) No Obligation to Retain a Record of Your Account. Shapermint has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.

FEES: The fee for this Membership is four US dollars and ninety-nine cents (USD $4.99) per month for U.S. residents and six Canadian dollars and ninety-nine cents (CAD 6.99, including taxes). Shapermint may, in its sole and absolute discretion, change the membership fee from month to month. The Membership fee is non-refundable except as expressly set forth in these Terms. If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.

MEMBERSHIPS AUTOMATICALLY RENEW. UNLESS YOU NOTIFY US BEFORE A MEMBERSHIP FEE CHARGE THAT YOU WISH TO CANCEL YOUR MEMBERSHIP ACCOUNT OR THAT YOU DO NOT WISH TO AUTO RENEW YOUR MEMBERSHIP, YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW FOR ANOTHER MONTH AND YOU AUTHORIZE SHAPERMINT (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT AND CHARGE THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY APPLICABLE TAXES, EACH MONTH USING ANY CREDIT CARD THAT SHAPERMINT HAS ON FILE FOR YOU.

MEMBERS PROGRAM BENEFITS.

The Membership provide members of the Shapermint Club Program with the following benefits:

1) Shipping: Free priority shipping (2-4 business days) on all items in the United States. Free shipping (3-5 business days) on all items in Canada.

2) Community: Being part of the #1 exclusive community around body positivity and women empowerment. 

2.1) Connect with members that love SHM as much as you do.

2.2) Share tips, advice, recipes and more.

2.3) Live events with celebrities and influencers

3) Exclusive Content: access to a platform with unlimited streaming of exclusive educational and inspirational high-quality video content, which will include:

3.1) Shapewear (tricks and advice, new launches, lives, seasonable events)

3.2) Fitness (mom fitness, yoga, pilates, meditation, stretch and recovery)

3.3) Lifestyle (mom life, DIY, dating, self-love guides)

3.4) Cooking (seasonable recipes, drinks, healthy habits, cooking with guests)

4) Exclusive Deals: exclusive discounts just for members.

4.1) Shapermint Club Members will save %

4.2) Early access to special dates and new launches.

4.3) Giveaways & free products.

CANCELLATION POLICY. Memberships may be cancelled any time, subject to these Terms. In order to cancel your Membership, you must Log into your Member Account, navigate to Club Benefits landing page, choose Manage Subscription and follow the instructions. You may also cancel by reaching out to us through our Customer Care channels for prompt assistance: Live Chat, email: [email protected], and phone / SMS: +1 (831) 888-0074.

You must contact us and complete cancellation within the timeframes stated in this Terms for your cancellation to be effective. There are no cancellation fees. Canceling your account does not result in a refund of amounts already paid or stop a pending charge, but will go into effect for the next billing cycle.

MARKETING AND E-MAIL COMMUNICATION. Unless you expressly opt-out, by joining this Members Program, you, to the extent permitted by applicable law, automatically subscribe to Shapermint’s marketing and e-mail exclusives and will receive, and agree to receive, promotional mail and emails from Shapermint. Unsubscribing from Shapermint’s marketing and/or email exclusives will not discontinue your Membership. If you do not wish to receive future marketing and/or email exclusives, you can request that they be discontinued by calling the Shapermint Club Program Concierge at ((831) 888-0074).

AGREEMENT CHANGES. We may, in our discretion, change these Terms, Shapermint.com’s Conditions of Use and Privacy Notice, or any aspect of the Shapermint Club Membership, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

TERMINATION BY US. We may terminate your Shapermint Club Membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full days remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Shapermint Club membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

DISCLAIMERS; LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) USE OF THE MEMBERS PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK; (B) THE MEMBERS PROGRAM AND ITS BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (C) SHAPERMINT AND ALL OF ITS AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY, "MEMBERS PROGRAM PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND (D) MEMBERS PROGRAM PROVIDERS MAKE NO WARRANTY THAT: (I) THE MEMBERS PROGRAM WILL MEET YOUR REQUIREMENTS; (II) THE MEMBERS PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH YOUR USE OF THE MEMBERS

PROGRAM WILL MEET YOUR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW; (Y) MEMBERS PROGRAM PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR MEMBERSHIP IN, YOUR PARTICIPATION IN, YOUR MEMBERSHIP IN AND/OR THE TERMINATION OF YOUR MEMBERSHIP IN, THE MEMBERS PROGRAM; AND (Z) THE FOREGOING IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOSS, MISAPPROPRIATION AND/OR THEFT OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND, ANY OTHER INTANGIBLE LOSSES AND CLAIMS OF THIRD PARTIES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE MEMBERS PROGRAM OR ANY BENEFITS THEREOF; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO IN CONNECTION WITH THE MEMBERS PROGRAM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MEMBERS PROGRAM DATA; OR (IV) ANY OTHER MATTER RELATING TO THE MEMBERS PROGRAM OR YOUR MEMBERSHIP.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABE LAW: THE MAXIMUM COLLECTIVE LIABILITY OF THE MEMBERS PROGRAM PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, HOWEVER ARISING, SHALL BE EQUAL TO THE MEMBERSHIP FEES ACTUALLY PAID BY YOU TO THE MEMBERS PROGRAM PROVIDERS IN EXCHANGE SOLELY FOR THE RIGHT TO USE THE MEMBERS PROGRAM IN THE PREVIOUS (1) MONTH. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY, INCLUDING BREACH OR REPUDIATION OF CONTRACT, TORT, CIVIL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABE LAW, BY AGREEING TO THESE TERMS AND CONDITIONS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK DAMAGES FROM THE MEMBERS PROGRAM PROVIDERS AS SET FORTH HEREIN, AND THAT SUCH LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed and interpreted by and under the laws of the state of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements.

Survival

Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Notice: Violations

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to [email protected] with the subject line “Legal Notice.”

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury

Please read the following Section carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Application of Dispute Resolution Process 

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Shapermint Club that cannot be resolved informally will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: 10785 W. Twain Ave. Ste 229, Las Vegas, NV, 89135. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules

Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration

If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits

If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of Jury Trial

The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions

Any and all claims and disputes within the scope of this Dispute Resolution section and/or resulting from and/or relating to the Shapermint Club must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality 

All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability

If any part or parts of these Terms are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of these Terms will continue in full force and effect.

Right to Waive

Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.

Survival 

This Dispute Resolution section will survive the termination of your relationship with us.

Emergency Equitable Relief

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

Claims Not Subject to Arbitration

For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in Orange County, California. 

INTELLECTUAL PROPERTY

All intellectual property rights (including descriptions, pictures, photographs, designs, patterns, special settings, etc.), trademarks and copyrights at the Site are the exclusive property of Shapermint and its subsidiaries or licensors, or of the third party which has granted a license to Shapermint for its use in the website. Any use of the Site or its contents (other than for your own personal use) is strictly prohibited without the prior written authorization of Shapermint.

Consequently, none of the content of the Site may be copied, reproduced or shared in any form or used by any means, without the prior written authorization of Shapermint or the corresponding licensor.

Shapermint Club+ Terms and Conditions

The following Shapermint Club+ Terms and Conditions (the “Terms”) apply to your Shapermint Club+ membership and all orders placed by and/or processed pursuant to the Shapermint Club+ program. The terms “Shapermint” “we” and “us” refers to Overnel S.A. and its subsidiaries and affiliated companies including but not limited to, Favorite World, LLC.

Please note that by signing up for your Shapermint Club+ membership, you agree to be bound by these Terms. Therefore, if you disagree with any part of the Terms then you should cancel your membership immediately. Please make sure you have read and understood the Terms before signing up.   

In order to become a Shapermint Club+ member, you must be at least 18 years old. Currently, Shapermint Club+ membership is only available to customers in the United States who have a valid and up-to-date Shapermint Club membership. Participation in the Shapermint Club+ program and the benefits of said program are offered at the sole discretion of Shapermint.

We reserve the right to amend or update these Terms at any time without prior notice, by uploading a new version on our website. The version of the Terms that will apply to your order will be the one displayed on the Site at the time you complete your order. Therefore, if you continue to use the website after we post amendments to the Terms, your use constitutes agreement with the amended terms. If you do not agree to, or cannot comply with the Terms as modified, you must cancel your membership immediately. 

Please note that your use of the Shapermint.com website and Shapermint Club+ membership are also governed by all other applicable terms, conditions, limitations, and requirements on the Shapermint.com website including Shapermint’s Privacy Policy and the Shapermint Club membership terms

If you sign up for a Shapermint Club+ membership, you accept such terms, conditions, limitations and requirements. These Terms are limited to the Shapermint Club+ program and are not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

General Terms

These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. These Terms are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms, are included only to help make these Terms easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect. We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations. We are located at the address set forth below. 

Survival

Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Notice: Violations

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to [email protected] with the subject line “Legal Notice.”

Contact Information

Attn: “Shapermint”

10785 W. Twain Ave. Ste 229, Las Vegas, NV, 89135 

[email protected] 

(831) 888-0074

January 2024

Subscription Overview:

Our Shapermint Club+ subscription offers its members the opportunity to receive a curated selection of four (4) Shapermint items (the “Box”) with discounts of up to 60% off the regular listed price. The first Box will be sent to you between 15 and 90 days after you signed up for Shapermint Club+, and on or around every 90 days thereafter. 

You get to try on the items for up to seven (7) days (the “Try-On Period”) following receipt. Keep the items you want to buy, and send back what you don’t want to buy within that seven (7) day Try-On Period. Items must be shipped/postmarked. We will charge your credit card the price of the items you did not return to us in time, between 24 and 30 days after your 7-day Try-On Period is over.

The total aggregate price of the items in your Box shall not exceed $70 (plus taxes or fees where applicable).  There are no order minimums. Shapermint may change the price of the items included in the Box at any time, without need to provide prior notice. 

We will continue to send a new Box on or around 90 days after your first Box is sent to you, unless you cancel or contact our agents through the dedicated chat option to skip a box. Memberships may be canceled any time, subject to these Terms. To cancel your subscription, kindly contact us through our dedicated support channels or through the “Cancel Subscription” option in your “My Account” page (login required). You may also cancel by reaching out to us through our Customer Care channels for prompt assistance: Live Chat, email: [email protected], and phone / SMS: +1 (831) 888-0074. There are no cancellation fees. Canceling your account does not result in a refund of amounts already paid or stop a pending charge, but will go into effect for the next billing cycle.

Return Window:

Flexible Return Period:

We understand individual preferences vary, and your satisfaction is our top priority. You have a generous 7-day window from the delivery date to review your items and decide whether you'd like to keep or return any of them.

If you would like to buy one or more items, just keep them and simply send back the ones you don’t want to buy as indicated in the Return Process below. Items that you want to return must be shipped/postmarked by the 7th day after you received them to receive a full refund for the price of the items. Between 24 and 30 days after the Try-On Period is over, we will charge you the price of the items from your Box we did not receive back from you in time to the credit card you provided when accepting to become a Shapermint Club+ member.

Pre-paid credit or debit cards may not be used in connection with the Shapermint Club+ program. Use of such cards may result in immediate suspension of your account and cancellation of all future orders. Please also note that for security reasons, a one cent fee may be applied to your credit card when your Box is shipped to you.

Return Process:

Effortless Return Process:

  1. If you wish to return items from your Box, simply start the return process within the 7-day Try-On Period. 
  2. Select the specific items you'd like to return.
  3. A return label is thoughtfully included in the package.
  4. Drop off the items with the return label attached at USPS for a hassle-free return. You may return the item/s with the same box or any other clean packaging you prefer.
  5. Returned items need to be in their original condition, with intact hygiene seals and all tags attached. 

Important! Please ensure items show no signs of wear or damage, otherwise we reserve the right not to accept your return and charge your credit card a charge of up to 50% of the retail price of the item/s to cover restoration or depreciation of the item/s.

Payment Process:

We reserve a term between 24 and 30 days following the finalization of the Try-On Period to process your return, and perform an inspection and verification on the items. Following this inspection, we will charge your credit card for the non-returned items from your Box (i.e. between 24 and 30 days after the 7-day Try On Period is over).  

If all items are returned on-time, in their original, unworn condition with intact hygiene seals and all tags attached, no charges for those items will be charged to your credit card. 

Incomplete or Damaged Returns:

Should returned items not meet the original condition criteria—showing signs of wear, damage, or broken hygiene seals—we may apply a charge of up to 50% of the retail pice of the item/s to cover restoration or depreciation. 

Returns after the 7-day Try-On Period is over:

If you forgot to return one or more items from your Box within the 7-day Try-On Period, and wish to perform a return, please contact Shapermint’s Customer Care team, via email at [email protected] or our phone number (831) 888-0074. While we reserve the right to charge your credit card for the price of the items not returned in time and to charge you full expenses for the return, we may provide you a credit for future purchases. 

How to Cancel Your Subscription:

To cancel your subscription, kindly contact us through our dedicated support channels or through the “Cancel Subscription” option in your “My Account” page. You may also cancel by reaching out to us through our Customer Care channels for prompt assistance: Live Chat, email: [email protected], and phone / SMS: +1 (831) 888-0074. Please note that returning items does not automatically cancel your subscription.

Account Registration and Use

Account Registration. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time.

Security of Your Account. You agree to notify Shapermint immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by Shapermint or a third party due to someone else using your account, unless such use is due to Shapermint’s willful misconduct. 

No Obligation to Retain a Record of Your Account. Shapermint has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.

Verification of your account: To protect you and Shapermint from fraud, we may contact you from time to time to verify your identity prior to sending you a Box. You may be asked to provide basic information about yourself to verify your member account. Upon confirmation of your identity, Shapermint will send your monthly Box. 

Disclaimers; Limitation of Liability

Limited Warranties. No other warranties are granted by Shapermint in connection with the services provided in connection with Shapermint Club+ program (“Services”) and/or the products sold to you via said program (“Products”). Your sole and exclusive remedy and Shapermint’s sole and exclusive liability for a breach by Shapermint of its obligations with regard to the Services or Products shall be, at Shapermint’s sole option, Shapermint’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of the non-conforming Product’s price, as applicable (excluding delivery charges if applicable). 

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN THIS AGREEMENT, THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, SHAPERMINT DOES NOT WARRANT THAT: (I) THE SHAPERMINT CLUB+ PROGRAM AND/OR ANY OF THE SERVICES, INCLUDING ANY SHAPERMINT CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

Limitation of Liability -- UNDER NO CIRCUMSTANCES SHALL SHAPERMINT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SHAPERMINT CLUB+ PROGRAM, THE SERVICES AND/OR THE PRODUCTS, EVEN IF SHAPERMINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH HEREIN OR TO DISCONTINUE YOUR USE OF THE SHAPERMINT CLUB+ PROGRAM AND TERMINATE THESE TERMS. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTE RESOLUTION: ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.

Please read this Section carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Application of Dispute Resolution Process. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: 10785 W. Twain Ave. Ste 229, Las Vegas, NV, 89135. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Dispute Resolution section will continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.

Survival. This Dispute Resolution section will survive the termination of your relationship with us.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

Claims Not Subject to Arbitration. For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in Orange County, California. 

Miscellaneous 

Suspension and termination of membership: Shapermint reserves the right to terminate or suspend your Shapermint Club+ membership, without notice to you, at its sole discretion for any conduct we believe violates our policies, is harmful to others, or is harmful to our interests. Any fraudulent activity or attempt to manipulate or abuse the Program will result in the Membership being terminated without notice.  Shapermint’s right to terminate a membership from the Shapermint Club+ program is in addition to any other legal or equitable remedies that may be available to Shapermint’s under applicable law. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. Shapermint also reserves the right to terminate the Shapermint Club+ membership program at any time. 

Membership to the Shapermint Club+ is dependent on you maintaining your Shapermint Club membership up to date and current with its membership fees payments. Please refer to the Shapermint Club Terms and Conditions

for further detail on such membership. 

Notices and notifications: By signing up to Shapermint Club+, you affirmatively consent to receive any notice, notifications and other relevant information regarding your membership to the email address provided when you signed up. 

Special Offers for Free item in Box

From time to time, Shapermint may inform you of special offers by which you may keep a designated accessory included in the Box, for free, with the purchase of at least one other item from your Box. If you only keep this special offer accessory, without purchasing any other item from your Box, we will charge you the accessory’s retail price of (plus tax) between 24 and 30 days after the 7-day Try-On period is over.

Customer Support:

Our dedicated customer support team is available for any inquiries or sizing assistance you might need. Reach out through our channels for prompt assistance:

Live Chat  [https://shapermint.ada.support/chat/?greeting=651c0775a6f4be288a350ea3]Email: [email protected]

Phone / SMS: +1 (831) 888-0074

SHAPERMINT “AUTOSHIP” TERMS AND CONDITIONS

By signing up for our Shapermint Autoship program, you agree to be bound by these following terms and conditions (“Terms”), which govern all orders placed by and/or processed pursuant to the Autoship program. The terms “Shapermint” “we” and “us” refers to Overnel S.A. and its subsidiaries and affiliated companies including but not limited to, Favorite World, LLC. If you disagree with any part of the Terms then you should cancel your Autoship program subscription immediately. Please make sure you have read and understood the Terms before signing up.

In order to subscribe to our Autoship program, you must be at least 18 years old. Currently, Shapermint’s Autoship program is only available to customers in the United States. Participation in the Autoship program and the benefits of said program are offered at the sole discretion of Shapermint.

We reserve the right to amend or update these Terms at any time without prior notice, by uploading a new version on our website. The version of the Terms that will apply to your order will be the one displayed on the Site at the time you complete your order. Therefore, if you continue to use the website after we post amendments to the Terms, your use constitutes agreement with the amended terms. If you do not agree to, or cannot comply with the Terms as modified, you must cancel your membership immediately. 

Please note that your use of the Shapermint.com website and your subscription to the Autoship program are also governed by all other applicable terms, conditions, limitations, and requirements on the Shapermint.com website including Shapermint’s Privacy Policy.

If you sign up for the Autoship program, you accept such terms, conditions, limitations and requirements. These Terms are limited to the Shapermint Autoship program and are not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

General Terms

These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. These Terms are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms are included only to help make these Terms easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect. We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. The services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations. We are located at the address set forth below. 

Survival

Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Notice: Violations

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to [email protected] with the subject line “Legal Notice.”

Contact Information

Attn: “Shapermint”

10785 W. Twain Ave. Ste 229, Las Vegas, NV, 89135 

[email protected] 

(831) 888-0074

April 2024

Subscription Overview

Our Autoship program allows you to sign up for continuous shipments of your selected product(s), choosing how often you would like your product(s) delivered to you. By subscribing to the Autoship program, you may also access discounts over selected products. Customers can enroll in the Autoship program by selecting the autoship option when it is displayed on our website (for example, immediately following the checkout process or on the Product Detail Page) and choosing a desired interval for recurring shipments.

You may change your periodic delivery schedule at any time (including on a one-time basis), as well as your shipping address, and products included in the program by reaching out to us via our dedicated support channels: Live Chat, email: [email protected]; and phone / SMS: +1 (831) 888-0074.

The Autoship program is available to US customers who purchase qualifying products from Shapermint’s website. Not all products offered by Shapermint may be part of the Autoship Program.

We reserve the right to change Autoship program benefits at any time at our sole discretion, including discount amounts and eligibility used to determine discount amounts; provided, however, we will not change the price of your next shipment once you have authorized an order as set forth in these Terms. Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges). Subscriptions are good while supplies last.

Notifications; Automatic Order Creation; Order Changes or Cancellation

When you place your initial order for a product and enroll in our Autoship program, you will receive a notice that your Autoship subscription has been created and your first order will be processed.

Your first order will be processed immediately, and your selected payment method will be charged at the time the order is placed. Your Autoship subscription will thereafter automatically create a new order according to your chosen delivery schedule, until you cancel. You can cancel at any time via our dedicated support channels: Live Chat, email: [email protected]; and phone / SMS: +1 (831) 888-0074. Our Customer Care team is available to provide assistance with your cancellation process.

For subsequent orders of products included in Autoship, up to 72 hours prior to the order creation date, you will receive an email notification reminding you of your upcoming shipment , the Autoship item(s) and price(s), the period available to make changes to your order and the estimated ship date. You can request to edit or cancel your order during the period beginning upon receipt of such email notification and ending 12:00 AM of the day preceding the creation of your new order. If you do not cancel the order within this time frame, we will charge your credit card the amount corresponding to your order.

Credit Card Authorizations and Charges

When you sign up for continuous shipments under our Autoship program, you will be required to expressly agree to permit us to charge your chosen payment method on a recurring basis, as well as the amount of the charge, which amount shall be set as described below. We will submit periodic charges to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to cancel or to change your payment method.

Approximately within the 24 hours prior to your designated ship date, your order will be authorized and created, and we will charge the amount corresponding to your order to the credit card you chose as payment method.

Pricing; Payment; Renewal; Cancellation

The amount you are ultimately charged for a product delivered pursuant to our Autoship program will be the price of that item as stated in the pre-shipment email notification you receive. Once your order has shipped, your chosen credit card or other payment method will be billed this amount. You will not be charged until your order is created, approximately within the 24 hours prior to shipping.  The total cost charged to your payment method for each Autoship order will be the price of the item, less the Autoship discount or any other discount, if applicable, plus any applicable shipping charges and sales tax. Any credit balances on your customer account(s) may be applied toward the balance of your order before charging any remaining balance to your payment method.

The charge for each Autoship item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your Autoship order with the payment method you used to create your subscription, we may charge any other valid payment method associated with your customer account(s) or we may notify you and give you the opportunity to add another payment method in your account for your Autoship order.

Your subscription will remain in effect until it is cancelled. You can cancel at any time by reaching out to us via: Live Chat, email: [email protected]; and phone / SMS: +1 (831) 888-0074.

Returns and Refunds

Shapermint’s standard return policy applies to all Autoship orders.

Account Registration and Use

Account Registration. By purchasing on our Site, you will be able to create a Shapermint user account. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time.

Security of Your Account. You agree to notify Shapermint immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by Shapermint or a third party due to someone else using your account, unless such use is due to Shapermint’s willful misconduct. 

No Obligation to Retain a Record of Your Account. Shapermint has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.

Verification of your account: To protect you and Shapermint from fraud, we may contact you from time to time to verify your identity. You may be asked to provide basic information about yourself to verify your member account. We reserve the right to cancel any shipment in the event of incomplete or inconsistent information.

Disclaimers; Limitation of Liability

Limited Warranties. No other warranties are granted by Shapermint in connection with the services provided in connection with the Shapermint Autoship program (“Services”) and/or the products sold to you via said Autoship program (“Products”). Your sole and exclusive remedy and Shapermint’s sole and exclusive liability for a breach by Shapermint of its obligations with regard to the Services or Products shall be, at Shapermint’s sole option, Shapermint’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of the non-conforming Product’s price, as applicable (excluding delivery charges if applicable). 

Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN THIS AGREEMENT, THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, SHAPERMINT DOES NOT WARRANT THAT: (I) THE SHAPERMINT AUTOSHIP PROGRAM AND/OR ANY OF THE SERVICES, INCLUDING ANY SHAPERMINT CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

Limitation of Liability -- UNDER NO CIRCUMSTANCES SHALL SHAPERMINT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SHAPERMINT AUTOSHIP PROGRAM, THE SERVICES AND/OR THE PRODUCTS, EVEN IF SHAPERMINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH HEREIN OR TO DISCONTINUE YOUR USE OF THE SHAPERMINT AUTOSHIP PROGRAM AND TERMINATE THESE TERMS. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTE RESOLUTION: ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.

Please read this Section carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Application of Dispute Resolution Process. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: 10785 W. Twain Ave. Ste 229, Las Vegas, NV, 89135. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Dispute Resolution section will continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.

Survival. This Dispute Resolution section will survive the termination of your relationship with us.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

Claims Not Subject to Arbitration. For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in Orange County, California. 

Miscellaneous 

Suspension and termination of membership: Shapermint reserves the right to terminate or suspend your Autoship subscription at Shapermint’s sole discretion, without notice to you, including for any conduct we believe violates our policies, is harmful to others, or is harmful to our interests. Any fraudulent activity or attempt to manipulate or abuse the Autoship program will result in the subscription being terminated without notice.  Shapermint’s right to terminate a membership from the Autoship program is in addition to any other legal or equitable remedies that may be available to Shapermint’s under applicable law. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. Shapermint also reserves the right to terminate the Autoship program at any time. 

Notices and notifications: By signing up to Shapermint’s Autoship program you affirmatively consent to receive any notice, notifications and other relevant information regarding your membership to the email address provided when you signed up. 

Customer Support:

Our dedicated customer support team is available for any inquiries or sizing assistance you might need. Reach out through our channels for prompt assistance:

Live Chat  [https://shapermint.ada.support/chat/?greeting=651c0775a6f4be288a350ea3] Email: [email protected]

Phone / SMS: +1 (831) 888-0074

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