Acceptance of our Terms and Conditions
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms and conditions and all other operating rules, Supply Terms, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
These terms and conditions ("Supply Terms") apply to products purchased via https://www.shapetheory.com (“online shop” or “Website”) which is a website managed by The Shape Theory and any of its retail outlets /partners / distributors /affiliate website.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
Arbitration notice and class action waiver: you agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Please read the terms of sale carefully before purchasing any products on the Website. Any purchase made by you through the website shall signify your acceptance of the supply terms and conditions and your agreement to be legally bound by the same. In addition to the above, you shall also be bound by usage instructions, care instructions, safety instructions, warranty, disclaimers and returns information specified on and for each product.
These Terms of Service apply to all users of the Services, including, without limitation, registered and unregistered users.
Persons who cannot enter into legally binding contracts in accordance with the provisions of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not entitled to use theshapetheory.com. Persons under the age of 18 years but above 13 years of age (“Minors”) may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If the Minor’s age is below that of 18 years, only the Minor’s parents or legal guardians can transact on behalf of such Minors, provided that their parents/ guardians are registered users. Minors are prohibited from purchasing any material. The Site is freely accessible to the End User, however; the End User will have to register with theshapetheory.com and create their individual registration account prior to any purchase of products. All registration information must be correct, complete and promptly updated by the End User. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms and conditions or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Intellectual property, Trademark, Software and Content
The shape theory and/or its licensors own all the trade marks, logos, names of its brand “the shape theory” and all the different products and materials contained in this Website or sold by the shape theory and the intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of the shape theory or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the shape theory and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
The Website is a platform that facilitates the online sale of products (“Product” or “Products”) manufactured/ traded/ imported by the shape theory, to end customers/users, via its regional distributors (“Distributor” or “Distributors”). The shape theory may add /modify the procedures, modes, processes or conditions of purchase at any time without any prior notice. The shape theory has the right to change or discontinue any Product at any time, without prior notice. The shape theory shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Product or any aspect/feature/finish of the Products.
The shape theory manufacture’s/ imports/sources/sells/resells and/or markets a variety of home décor and personal use product’s like candles, soaps, luxury home fragrances, beauty product’s, cosmetics, gifts, accessories under its brand name “The Shape Theory”
Pricing and Availability
The pricing information related to the Product shall be as disclosed to you at the time of your purchase. Prices and availability are subject to change without notice or any consequential liability to you. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the total cost at time of checkout.
Credit cards and Debit Cards
In case you choose to pay by Credit Card or Debit Card, you will be required to credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit / debit card details to the approved payment gateways to complete the purchase of Products on the Website. You shall not use any credit / debit card that is not lawfully owned by you. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, government regulations or court orders. You will be solely responsible for the security and confidentiality of your credit / debit card information. The shape theory expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit / debit card.
Before completing the payment process for your purchase we will verify your pin code with the database of the shape theory. In case your location is not serviceable or if your order cannot be processed, we will notify you and a refund will be issued. Upon successfully ordering your product, you will receive a confirmation email from us. You can expect your order to be delivered within 7 to 10 business days from the date of your order confirmation. However, in some cases, due to unforeseen reasons, it may take longer than that, we will get in touch with you via any of contact information that you have provided.
In the case that you are not available to take delivery of the order, the courier company may make a maximum of two (2) attempts to deliver the order. In case that you are not reachable/contactable or do not accept delivery of products in these attempts the shape theory has the right to cancel the order at its discretion, and you charge you cancellation fees and or delivery charges for the same. If your location is not serviceable, we request you to provide us with an alternate shipping address which is serviceable. If there is any dispute regarding the shipment of the Product for the area not covered by the shape theory, we will not be responsible for the non-delivery of the product. The shape theory does not deliver items internationally i.e. any territory outside the internationally marked borders of India. You can only make purchases on the website using an Indian credit/debit card for deliveries within India only. In case you order multiple orders for Products in one transaction, we will try to ship all Products together. However, this may not always be possible.
Warranty and Damages
While we take full care and safely pack all the products before shipping them, in some cases the products can get damaged in transit. Damages that occur to any of our products due to shipping or faulty packaging will be replaced by us, in case the product is no longer available, a refund for only the damaged product will be issued. We require you to immediately get in touch with us and take photographs of the packaging and the content and emailing us the same along with your contact details. However, we do not cover damages due to incorrect and inaccurate use of the product. Note, that only the damaged product will be replaced or refunded in a multiple products order and not the entire order. For any guidance or help required with usage of the products, please read our faqs or the product details, you may also contact us so we can assist you with your purchase. The warranty does not cover any usage of the product beyond its intended use and wear and tear in the natural course of product usage. The Warranty is only valid against an original invoice received at the time of purchase.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Offerings (your “Billing Account”) for use of the Paid Offerings. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Offerings, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Offerings in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
All Products once purchased, cannot be cancelled, returned or exchanged, except products which get damaged in transit.
If you notice that the packaging is tampered with or damaged before delivery, please refuse to accept the package and return the package to the delivery person. Also, please call our customer care at -------------(between 11 am and 7 pm) or email us at firstname.lastname@example.org mentioning your Order ID.
In case, you receive a damaged product, please contact us within 3 working days of receipt of such product.
The shape theory shall verify the authenticity of all complaints. The shape theory reserves the right to reject your claim and/or take legal actions against you and you will be solely liable for all costs incurred by us in this regard you’re your complaint/claim is frivolous or baseless. However, in the case of transit damage, it rests solely at the discretion of the shape theory to process any replacements on a case-by-case basis. If you have received a Product that has been damaged in transit, please get in touch with us within 3 working days and email us photographs along with the order number and a copy of your invoice.
For acceptance of return of any Products due to damages in transit, you are required to comply with the following
Please notify the shape theory of receipt of a damaged/defective Product within 3 working days of delivery to you. If you are unable to do so, the shape theory shall not be held liable to replace/refund on the order
Products should be returned in its original packaging along with all the original labels, instructions and invoices etc.
Products must not be used
You will be required to dispatch the product using a reputed courier in your area within seven (7) days from receipt of such notice. Courier freight charges will be reimbursed to you in form of a credit note in such form as is determined by the logistics team upon prior consultation with the shape theory
The return package should be adequately packaged so that there is no further damage of products during transit
The returned products are subject to verification and checks by the shape theory in order to determine the legitimacy of the complaint/return. If the claim is not legitimate, no replacement or refund request will be entertained and you will be required to bear the shipping costs for the product.
These conditions will not apply to products where the defects could not, using reasonable diligence, have been discovered, at the time of delivery
If a product returned is duly accepted by the shape theory, the value of such product, as originally paid by you will be refunded to you. Refund will be processed based on the mode of payment decided by the shape theory or the approved payment gateway will credit your refunds directly into your debit/credit card or online account, provide you with a cheque or issue you a credit note in this regard.
Orders paid online will be refunded within 21 working days through the online account or via cheque, or credit note (if requested by you) depending on the then current circumstances as determined by the shape theory. For Cash on Delivery payments, you will be provided with a refund cheque or cash or net banking. Delivery time of the cheque is subjected to courier partner and we will not be responsible for any delays from their end.
Kindly note that if any product can be repaired, the shape theory will get the same repaired and send it back to you.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and the shape theory will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
We operate a complaints handling procedure which we will use to try to resolve any disputes when they first arise, please let us know if you have any complaints or comments.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service
Our products are only meant for the purpose stated. Please ensure that you use caution with handling them. None of our products should be used/handles by or near children or pets. The shape theory takes no responsibility what so ever of how the customer will use the product and it is up to the customer to ensure theirs and their surrounding safety. Customer must use caution and their own sensibility while using all products at any given time and may refer to the guideline provided for the same.
Indemnification of Limitation of Liability
You agree to indemnify, defend and hold harmless “the shape theory” from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including but not limited to legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the shape theory that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Supply Terms applicable to the purchase of Products.
In no event shall the shape theory, its officers, directors, employees, partners or vendors be liable to You, the Distributor or any third party for any special, incidental, accidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the shape theory has been advised of the possibility of such damages, or based on any other theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your purchase of the products and services herein. Notwithstanding anything to contrary, the shape theory entire liability to you under the Supply Terms or otherwise shall be not more than the value of the Product that you ordered.
Third party services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
These Supply Terms and the relationship between you and the shape theory shall be governed in accordance with the laws of India without reference to conflict of laws principles.
All claims, differences and disputes arising under or in connection with or in relation to the Supply Terms or any transactions entered into on or through the Website or the relationship between you and the shape theory shall be subject to the exclusive jurisdiction of the courts at Mumbai and you hereby accede to and accept the jurisdiction of such courts.
We reserve the right, in our sole discretion, to modify or replace any of these Terms and conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms and conditions periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation or natural calamities.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
This site is provided by the shape theory on an “as is” and “as available” basis. The shape theory makes no representations or warranties of any kind express or implied, as to the operations of this site or the information, content, materials, or product’s included on this site. You expressly agree that your use of this site is at your sole risk. The shape Theory makes no guarantees, or warranties as to the accuracy, completeness, currency, or suitability of the information provided via this Web site. The shape Theory makes no effort to independently verify, and does not exert editorial control over, information on pages outside of the www.theshapetheory.com domain and its sub-domains.
The shape Theory specifically disclaims any and all liability for any claims or damages that may result from providing the Web site or the information it contains, or any of its products including any Web sites maintained by third parties and linked to the shape theory Web site.
To the full extent permissible by applicable law, the shape theory disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The shape theory does not warranty that this site, its servers or e-mail sent from the shape theory are free of viruses or other harmful components. The shape theory will not be liable for any damages of any kind arising for the use of this website or any products, including, but not limited to direct, indirect, incidental, punitive or consequential damages. It is the user's responsibility to take precautions to ensure that whatever is selected is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and the shape theory. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by all partners/ director of the shape theory.
If there are any questions regarding this terms and conditions, you may contact us using the information below.
By using this website or ordering products from this website you agree to be bound by all of the terms and conditions of this agreement.
If you do not agree with the terms and conditions, please do not access the website for any purchase.