Terms and Conditions
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website IdealShape.com ('the Website') and your relationship with:
(i) TheHut.com Limited (trading as IdealShape.com)whose registered office is at Meridian House, Gadbrook Park, Gadbrook Way,Rudheath, Northwich, Cheshire, UK, CW9 7RA; or
(ii) (a) if your purchase is made in United States dollars (USD) or Canadian dollars (CAD)and payment is made using a debit/credit card, with THGPP LLC (trading as IdealShape.com)whose registered office is at 1209 Orange Street, Wilmington, County of NewCastle, Delaware, 19801, USA; or (b) ifyour purchase is made in United States dollars (USD) or Canadian dollars (CAD)and payment is made using American Express, with Mama Mio US Inc. (trading as IdealShape.com) whoseregistered office is at 2711 Centerville Road, Suite 400, Wilmington, County ofNew Castle, Delaware, 19808, USA;
('we', 'our', or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
For questions about the products on this Site, please use the customer service e-mail links found on each product page or section. For questions about orders placed through the Site, please use the customer service link in the e-mail receipt you receive or by visiting the online Customer Service Center.
All products on the Site carry at least a 30-day money-back guarantee from the date of delivery in the event that you are not 100% satisfied with your purchase. Should you experience any difficulty or delay in returning a product and securing the proper refund, please visit our online Customer Service Center. All sample products are excluded from this guarantee.
Site-wide special offers do not apply to sample offers. All sample bundles are excluded from any site-wide offers and codes.
ORDER AND PAYMENT INFORMATION
All prices and shipping charges are in US dollars. Foreign currency transaction bank or credit card fees may apply. If you use the Site to purchase a product, payment must be received by IdealShape prior to IdealShape’ acceptance of an order, unless otherwise agreed by IdealShape. IdealShape may need to verify information you provide before IdealShape accepts an order, and may cancel or limit an order any time after it has been placed, including but not limited to the event that a product is listed at an incorrect price due to typographical or other error. If payment already has been made and your order is canceled or limited, IdealShape will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. IdealShape expressly conditions its acceptance of your order on your agreement to the Terms. If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
In ordering products through the Site, you agree to provide only true, accurate, current, and complete information. You hereby certify that any e-mail account you provide to IdealShape is registered to you. IdealShape shall have the right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to IdealShape. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms. You agree that your placement of an electronic order on the Site is sufficient to satisfy the Statute of Frauds, and no further writing is required.
All prices displayed on the Site are quoted in U.S. dollars. IdealShape may prohibit delivery to addresses outside the United States and Canada. IdealShape will add shipping and handling fees and applicable sales/use tax. IdealShape reserves the right without prior notice to discontinue or change specifications and prices on products offered on the Site without incurring any obligation to you. Products displayed on this Site are available while supplies last. Descriptions of, or references to, products not owned by IdealShape on the Site do not imply endorsement of that product, or constitute a warranty, by IdealShape.
If your delivery address is outside of the United States you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.
Unless otherwise noted, IdealShape will use its best efforts to ship products within 48 hours of the receipt of a properly completed order. However, any delivery or shipment date provided by IdealShape to you is IdealShape’ good-faith estimate. You understand that product availability may be limited and particular products may not be available for immediate delivery. IdealShape shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. IdealShape cannot ship to P.O. boxes. We operate a 40 day policy in which we ask you to please make contact to let us know that your order has or has not arrived. Contact us before the 40 day window with any deliverability issues otherwise we cannot trace this item and are unable to offer you a refund or replacement.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.
YOU ACKNOWLEDGE THAT IDEALSHAPE DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO IDEALSHAPE FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, IDEALSHAPE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NOR DOES IDEALSHAPE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT.
CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH IDEALSHAPE. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE. ALTHOUGH IDEALSHAPE STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, IDEALSHAPE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, IDEALSHAPE DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
IDEALSHAPE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The terms of this section survive any termination of the Terms.
LIMITATIONS ON LIABILITY
IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL IDEALSHAPE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF IDEALSHAPE OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IDEALSHAPE’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO IDEALSHAPE FOR ANY PRODUCTS SUPPLIED BY IDEALSHAPE THROUGH YOUR USE OF THE SITE.
IdealShape will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
The terms of this section survive any termination of the Terms.
COPYRIGHT AND TRADEMARKS
All Site materials, including, without limitation, the IdealShape and IdealShape.com logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2003-2011 IdealShape, LLC. ALL RIGHTS RESERVED. IDEALSHAPE is registered trademark of IdealShape, LLC. IdealShape or its suppliers or licensors own and retain other proprietary rights in all products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of IdealShape or the respective copyright owner. Permission is granted to display, copy, and download the materials on this Site for your personal, noncommercial, and informational use only; provided that you may not, without the permission of IdealShape or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media, (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (a) any sale, resale, or commercial use of the Site, its content, or services obtained through the Site; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted in this section, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of IdealShape or any third party.
Trademarks: The following are trademarks or registered trademarks of IdealShape, LLC in the United States and other countries: IdealShape, IdealShape™ IdealShape.com™, myIdealShape.com™, yourIdealshpae.com are the logos, and the products described on this Site. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of IdealShape or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of IdealShape, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of IdealShape. Other names and brands may be claimed as the property of others.
MATERIALS SUBMITTED TO IDEALSHAPE
This section governs any material, including but not limited to testimonials, comments, statements, images, videos, experiences, stories, information, etc., that you transmit to IdealShape (collectively, “Material”) through the Site, email, social media outlets, in person, over the phone, or otherwise. You are responsible for Material submitted to IdealShape. You agree, represent and warrant that any Material you transmit to IdealShape is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit the Material. You must not transmit any Material to IdealShape that you consider to be confidential or proprietary. Any Material that you transmit to IdealShape will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas.
You further agree that IdealShape has the right to use, without any payment or accounting to you or others, any Material you submit to IdealShape.
User agrees to indemnify and hold harmless IdealShape, its parents, subsidiaries, directors, officers, employees, agents, suppliers, affiliates, and contractors from and against any and all claims, actions, demands, losses, damages, disputes, and costs of any kind, including without limitation any attorneys’ fees and costs related to litigation, resulting from or in any way connected with the Material you submit to IdealShape.
IdealShape makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of IdealShape and IdealShape is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by IdealShape of the site or any information contained therein. When leaving the Site, you should be aware that IdealShape’ Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
In using this Site, you agree:
- Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
- Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
- Not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive, or destructive files;
- Not to use, frame, or utilize framing techniques to enclose any IdealShape trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without IdealShape’ express written consent;
- Not to use meta tags or any other “hidden text” utilizing a IdealShape name, trademark, or product name without IdealShape’ express written consent;
- Not to deeplink to this Site without IdealShape’ express written consent;
- Not to create or use a false identity on this Site;
- Not to collect or store personal data about others;
- Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access; and
- Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by IdealShape.In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
COPYRIGHT POLICY AND COPYRIGHT AGENT
It is IdealShape’ policy to respect the copyright and intellectual property rights of others. IdealShape may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, IdealShape may terminate access by users who appear to infringe the copyright or other intellectual property rights of others.
If you believe that IdealShape or any user of our Site has infringed your copyright in any material way, please notify IdealShape, and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- An identification of the copyrighted work claimed to have been infringed;
- An identification of the material that you claim is infringing so that we may locate it on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
Please direct inquiries regarding copyright issues by e-mail to:manager@IdealShape.com, or by mail to:
777 S Auto Mall Drive, Suite 111
American Fork, Utah 84003
You agree to indemnify and hold harmless IdealShape, its parents, subsidiaries, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.
The terms of this section survive any termination of the Terms.
The information contained within press releases issued by IdealShape should not be deemed accurate or current except as of the date the release was posted. IdealShape has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
CHANGES TO THE SITE
IdealShape may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that IdealShape shall not be liable therefor.
This Site is controlled, operated, and administered by IdealShape from its offices within the United States of America. IdealShape makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the Superior Court of Salt Lake City Utah, or the United States District Court for the Salt Lake District of Utah, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms.
The terms of this section survive any termination of the Terms.
Notwithstanding any of these Terms, IdealShape reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use the Site and to block or prevent future access to and use of the Site. You agree that IdealShape shall not be liable for any termination of your use of or access to the Site.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms.
It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
The Terms constitute the entire agreement between IdealShape and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by IdealShape to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and IdealShape, and you do not have any authority to create any obligation or make any representation on IdealShape’ behalf. You may not assign this agreement, by operation of law or otherwise, without IdealShape’ written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and IdealShape and their respective successors and assigns.
Subject to the terms set out below, you may earn ‘credit’ for use on this Website by referring a new customer(s) to us through our referral scheme by sharing the referral link and/or referral code we provide to you (the “Referral Scheme”). You are only eligible to participate as a ‘referrer’ in this Referral Scheme if you have previously placed an order on the Website.
A new customer is a natural person who has not previously placed an order with us (a "Referee"). If the Referee has an account on the Website but has not previously placed an order on the Website then they are entitled to participate in the Referral Scheme through the ‘referral link’ only. If the Referee already has an account on the Website then they will be unable to participate in the Referral Scheme using a ‘referral code’ (regardless of whether they have previously placed an order).
If the Referee has clicked through your referral link the discount code will automatically be applied at checkout. If the Referee is using a referral code, the Referee must enter this code at checkout.
For the avoidance of doubt, any credit generated from the Referral Scheme may only be spent on the Website and neither you nor the Referee is entitled to receive any payment of any kind in respect of the credit. The credit is not redeemable for cash. The credit that stands to your Referral Scheme account is not transferable in any way.
You will receive the applicable credit on your account 3 days after dispatch of the Referee's order. If the Referee cancels their order for any reason within 3 days of it being dispatched, you will not qualify for any credit. You will receive your credit in the default currency of the Website.
Any credit accrued through the Referral Scheme that has not been used within 12 months from the date of accrual will expire.
The Referee must place an order with a value of at least the minimum value as stated on the Website from time to time.
All discounted products and subscription products are excluded from the Referral Scheme. If you are participating in the Referral Scheme, you will be unable to participate in any affiliate schemes, cash-back offers and/or any other promotions of this nature.
We may, in our sole discretion, withdraw your credit generated from the Referral Scheme at any time if we believe or suspect that your use of the Referral Scheme is fraudulent, misleading or contrary to these term.
The terms of this section survive any termination of the Terms.
We reserve the right to amend these Terms without notice from time to time.
These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise.
By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into.
Any person who is an employee or an immediate family member of an employee of any The Hut Group company or any other person who is directly connected with the organisation of any particular competition is ineligible to participate.
Competitions are only open to residents of the US.
All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 18, obtain permission in advance from their parent or guardian.
All entries must be received by the closing date specified in the competition. Answers will be entered upon submission. No responsibility will be taken for any answers that are misdirected, lost for technical or other reasons or received after the closing date.
We reserve the absolute right to disqualify without notice any entries to any competition which we consider have used improper technical means to enter and/or we believe is fraudulent.
Entrants are liable for their costs to access computer networks.
We will not be liable for or accept any responsibility for: (i) any failure by the winner or any entrant to comply with these terms and conditions; (ii) any disruption, delay or misdirection of entries; or (iii) any server, system or network failures, malfunctioning or inaccessibility.
We shall be the promoter of all competitions subject to these terms and conditions unless stated otherwise.
The "Win a Year's Supply of IdealShakes"-competition starting February 9th 2018 and ending February 23rd 2018 will have one winner picked at random.
If for any reason an advertised prize is unavailable we reserve the right at our absolute discretion to substitute a similar prize of equivalent or greater value.
Only one prize will be awarded per household.
There will be no cash or other alternative to the prize offered and prizes are not transferable. Competitions with prizes valued over $500 exclude the following three states, Florida, Rhode Island and New York.
The winner's name will be selected in a random draw, after the closing date, from all correct answers received.
The winner of a prize will be notified within 28 days after the winner has been ascertained.
Please allow 28 days for delivery of all prizes.
If the winner of the a competition is unable to take up a prize for any reason or if the winner cannot be notified after reasonable efforts having been made then we may dispose of the prize as we think fit without any liability to the winner for having done so.
For each competition, only one prize will be awarded per entrant / email address. Names of winners will be available on request.
The names of the winners may be published on our Website and/or on our Facebook, Twitter or any other social media platform.
Prizes Involving Travel: (a) Travel arrangements are the responsibility of prize winners unless otherwise stated; (b) we reserve the right to require written permission from the parent or guardian of any winner who is under the age of 16 and to require such a winner to choose as a companion someone 18 or over.
Competition prizes/tickets may be restricted to certain times of the year and unless otherwise stated all prizes must be taken within six months of the date of the competition draw.
Where prizes are to be provided by a third party then the winner will be required to complete all appropriate or applicable booking or other formalities direct with such providers. We will have no responsibility for the acts/defaults of any other persons or companies.