Terms & Conditions Of Sale

Effective Date: January 13th, 2023

These Terms and Conditions apply to and govern your use of this site, https://www.Shapeaccelerator.com/, (“Site”) the purchase of any products through this Site, the Club Shapeaccelerator Loyalty Program, and any other services, information, tools, functionality, and similar materials delivered or provided by us (collectively, together with the Site, the “Service”). Prior to submitting an order by clicking the ‘submit order’ button on the payment method page, please save or print a copy of these Terms and Conditions (“Terms”) to keep on file for future reference regarding the order you are submitting. You can also view our Privacy Policy. Our Privacy Policy, which is incorporated by reference herein, explains what information we collect, how we gather and use the information, our policies for protecting and disclosing information, and the options you have regarding your information. If you do not agree with these Terms and Conditions and our Privacy Policy, you may not use the Service, or provide us with your personal information.

Also, by using and purchasing products through this Site, or using the Service, you agree to contract electronically with the Shapeaccelerator company that operates this Site where these Terms and Privacy Policy are posted. You also agree that these Terms combined with your act of using the Services offered on our Site have the same force and effect as your written signature and satisfy any law that require a writing or written signature or contract. You agree not to challenge the validity, enforceability, or admissibility of these Terms on the basis that it was electronically transmitted or authorized. You further acknowledge that you have had the opportunity to print and review these Terms and the Privacy Policy.

These Terms are subject to change. If these Terms change, we will let you know by posting the revised Terms on the Service and/or otherwise making you aware of the changes. Your continued use of the Service following our notice of changes to these Terms (or other method of legal acceptance) means you accept such changes. Please refer to the “Effective Date” above to see when this Agreement was last updated.

 

1 - Scope

These Terms govern and apply to the relationship between (a) Shapeaccelerator and its affiliates that operate this Site. When acting as the seller or reseller of the products and services offered on this Site (the actual seller hereinafter referred to as the “Seller”, “we”, “us”) and (b) you (the “Buyer”, “you”, “your”, “Member”) for the purchase by you of products and/or services and your use of this Site.

 

You can reach us by contacting USA:

Shapeaccelerator Customer Care

161 Tradeport Road

PA18706 Hannover Townships

Pennsylvania

Email: myshape@shapeaccelerator.com

Phone: +1 (570) 871-0792

 

You can reach us by contacting EU:

Shapeaccelerator bv

Kapellerlaan 19

6041 JB Roermond

The Netherlands

Email: CustomerserviceEU@shapeaccelerator.com

Phone: +32 493 57 40 60

 

These Terms will supersede any and all other terms and conditions contained in or referred to in order(s), in correspondence, or elsewhere notwithstanding any provisions to the contrary in such other terms and conditions. The Seller reserves the right to amend these Terms at its sole discretion. Any amendments to these terms and conditions will become effective immediately upon posting and apply to any orders made via this Site or information provided or updated after such posting.

 

2 - Age Restrictions

This Site is not intended for children. We do not intend for any portion of this Site to be accessed or used by children under the age of 13, and such use is prohibited. If you use this Site to register an account; purchase a product from us; or enter into online surveys, sweepstakes, contests, or drawings, you affirm that you are at least 18 years of age, and are fully able and competent to enter into, and comply with, these Terms and agree to our Privacy Policy.

If you believe we have collected personal identifiable information from a person under the age of 13, please contact us at myshape@shapeaccelerator.com (if you are resident in the USA) or CustomerserviceEU@shapeaccelerator.com (if you are resident in the EU) with a reference in the subject line “Child Data Deletion Request”, and we will delete such personally identifiable information.

 

3 - Placement of order, Offer, and Contracting

Orders may be placed exclusively online at this Site, which is available in English. Before placing the order, you may review and change data related to the order at any time in the “shopping bag” area of this Site. You may identify and correct input errors any time before submitting the order by clicking the "submit order" button, and may do so by reviewing the order and the price, reviewing the details of each product, and selecting or deselecting a product.

You may also place an order through your account after you have successfully registered here. You must keep your user name and password and any other information needed to login to your account, if applicable, confidential and secure. We are not responsible for any unauthorized access to, or any use of, your Account by others. 

The presentation of products on this Site does not constitute a binding offer from the Seller.

We reserve the right to limit the maximum product quantity and/or the maximum amount per order.

When you click the "submit order" button, you agree to enter into a purchase agreement and to these Terms. Orders will not be placed and processed until you accept these Terms (for example, by placing a checkmark in the appropriate check box). Once you have placed an order with the Seller, we will send you an e-mail confirming receipt and listing details of the order (order confirmation) without undue delay. This order confirmation does not constitute completion of your purchase, but is only intended to inform you, the Buyer, that we received the purchase request. A contract of sale shall be created only when we ship the ordered product to the Buyer and confirm shipping with a second e-mail (shipping confirmation). No contract of sale shall be created for products not listed in the shipping confirmation. The Seller shall be the contracting party. These Terms applicable to your purchased product and other terms of sales will be stored by the Seller and is available for the Buyer to review on request. You may request a copy of these terms by sending an email to myshape@shapeaccelerator.com (if you are resident in the USA) or CustomerserviceEU@shapeaccelerator.com (if you are resident in the EU).

For the avoidance of doubt, these Terms shall apply to your use of this Site and the formation of any purchase contract as soon as you review the products and services advertised on this Site.

 

4 - Consumers’ right of withdrawal, incomplete deliveries, and damaged or faulty products

 

4.1 Return Policy

You have the right to cancel your purchase, and return a delivered Product, without penalties and without indicating any reason by notifying the Seller within thirty (30) calendar days from the day following the purchase or delivery of the product, whichever occurs last.

All purchases are final. You cannot cancel or waive a purchase of a program. The purchased goods can only be returned within 30 calendar days of receipt of the goods and with an undamaged seal of packaging. 

Product returns shall be effected by completing a return request form provided with the order and sending it to the postal address below with returned product(s) before the expiration of the above deadline (30 days):

Attention: Shapeaccelerator Customer Care USA

161 Tradeport Road

PA18706 Hannover Townships

Pennsylvania

Attention: Shapeaccelerator Customer Care EU

Kapellerlaan 19

6041 JB Roermond

The Netherlands

Subscription Orders: Subscription purchases are subject to a different return policy (see Section 4.3). Subscription orders cannot be returned or refunded until after the second consecutive order has been received.

4.2 Incomplete deliveries and damaged or faulty products

You may (a) exchange your products or (b) obtain a full refund if the products in your order are damaged or faulty upon receipt, or if the products you have received are not the products you originally ordered.

(a) Exchange:

When exchanging damaged or faulty products or incorrect deliveries, we will dispatch replacement items to you free of charge provided you first return the products in your order to us in the condition in which you received them.

(b) Refund:

With respect to damaged, faulty, or incorrect orders, or delayed deliveries, we will refund (to the original credit or debit card account used to make the online purchase):

• i) the full purchase price;

• ii) the delivery charges incurred in delivering the products to you (where only part of an order is returned to us, we may reduce the amount of the delivery charge we refund you to account for the delivery costs of those items sent to you and not returned); and

• iii) the shipping costs to return the products to us, provided you first return the products in your order to us in the condition in which you received them. If you fail to return products to us we may charge you for the products or the cost incurred in collecting them from you.

To obtain a refund or exchange products, please return products within thirty (30) calendar days as of the delivery date of the defect.

You shall also be entitled to a refund if you order was delivered after thirty (30) business days from the date of your order caused by the willful misconduct or gross negligence of the Seller or its supplier. To obtain a refund, please return products within thirty (30) calendar days as of the delivery date of the product, including the shipping label provided with the delayed product.

The above provisions do not affect your statutory rights.

4.3 Subscription Orders, Cancellation & Refund Policy

By subscribing to our Auto-Replenishment Service, you agree to recurring payments and shipments at the frequency selected during your subscription signup. Subscribers receive a 15% discount on each order, and subscription orders are processed automatically until canceled by the customer.

4.3.1 Subscription Cancellation Policy

1. First 30 Days:

• Customers may cancel their subscription within 30 days of signing up for a full refund on their initial order, provided the product is returned unopened and with an undamaged seal within this period.

2. After 30 Days:

• After the 30-day initial period, customers can only cancel future shipments, provided the next order has not yet been processed for shipping.

• If a cancellation request is made after the order has already shipped, the order will be considered final and non-refundableunless returned under the conditions listed in our Return Policy (4.1).

4.3.2 Refunds for Subscription Orders

• Subscription orders that have already been processed or shipped are non-refundable.

• If a customer forgot to cancel in time and received an unwanted subscription order, they may return the product within 30 calendar days of receipt, provided the seal is intact and the packaging is undamaged. Upon verification, the refund will be processed for the returned product.

• The 60-day money-back guarantee applies only to regular purchases and does not apply to subscription orders.

If a customer cancels after the first order, the second order must still be completed and is non-refundable.

• Returns for subscription orders are only accepted after two consecutive orders have been received and must meet the return policy conditions (unopened, seal intact, within 30 days).

60-Day Money-Back Guarantee

At Shape Accelerator, we stand behind the effectiveness of our Shape Accelerator cream and offer a 60-day money-back guarantee, subject to the following terms and conditions:

1. Eligibility Requirements:
   • The guarantee is only valid for customers who purchase Shape Accelerator directly from www.shapeaccelerator.com.
   • Customers must use the product consistently as directed: applying it twice daily, once in the morning and once in the evening.
   • Customers must follow a generally healthy lifestyle during the use period, including moderate physical activity (such as walking or exercising) and maintaining a balanced diet.
2. Proof of Usage:
   • Customers must provide proof of purchase.
   • To qualify for a refund, customers are required to submit before and after photos of the treated area. The before photo should be taken on the first day of using Shape Accelerator, and the after photo should be taken after 6-8 weeks of consistent use.
   • These photos must clearly show the treated area and be date-stamped to ensure validity.
3. Application for Refund:
   • To request a refund, customers must contact our customer service team within 60 days of purchase. The request must include the before and after photos along with a detailed explanation of why they are not satisfied with the results.
   • The product container, along with any remaining product, may need to be returned to Shape Accelerator at the customer’s expense. Shipping costs are non-refundable.
4. Limitations:
   • This guarantee does not apply to products purchased through unauthorized resellers.
   • Refunds are limited to one per customer and will only be issued to the original form of payment.
5. Additional Considerations:
   • While improvements in skin appearance and reduction in cellulite are typically enhanced by an active and healthy lifestyle, individual results may vary based on skin type, health conditions, and adherence to application guidelines.

Please note that our 60 days money-back guarantee applies exclusively to B2C (business-to-consumer) transactions. This guarantee does not extend to B2B (business-to-business) orders.

5 - Product Descriptions and Prices

We will take all reasonable care to ensure that descriptions, details, and prices of the products appearing on this Site are accurate at the time they are entered onto the system. This Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on this Site may be incorrectly priced or described. If a product’s correct price is higher than the price stated on this Site, we reserve the right to cancel your order prior to sending you shipping confirmation (as defined above) or to supply it at the previously indicated price.

Product prices are in US Dollars (USA) and Euro (EU) and are stated exclusive of delivery charges, which will be indicated separately on this Site and before order completion.

While we aim to keep this site as up to date as possible, we do not warrant that product descriptions or other content available on this site are accurate, complete, reliable, current, or error-free.

 

6 - Delivery

We will make every effort to deliver the product to you within the time indicated on this Site and in any event within thirty (30) calendar days of order confirmation. Nonetheless, the times indicated on this Site are predictive only. We shall not be liable in any way if delivery takes place at a later date.

To the fullest extent permitted by the applicable law, if the Seller is unable to deliver the ordered product through no fault of its own, we shall be entitled to withdraw from the contract with the Buyer. In this case the Buyer will be advised immediately that the product is unavailable. We will then return the sums paid by you within thirty (30) business days of the day after the end of the delivery period.

The Seller ships all orders via a parcel service. All items are insured by the Seller until they have been delivered at your address. In case of incomplete or damaged deliveries, please refer to section 4.2 of these Terms.

If the Buyer was apprised of the delivery date within a reasonable time period, but it is impossible to effect delivery through no fault of its own, for example because the delivered merchandise does not fit through the Buyer's building door, front door, or the staircase; because the Buyer cannot be found at the address he indicated, the Buyer shall bear the costs for the unsuccessful delivery.

 

7 - Due date, payment, and default

Payment can be made by credit cards (Visa, Mastercard, American Express, and Discover) or via PayPal. By using and verifying one of these payment methods, you confirm that the payment method being used is yours. The amount payable will be debited or charged to your account when your order is accepted by us. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit card refuses to authorize payment to us, we shall postpone delivery and contact you. In that case we shall not be liable for any delay or non-delivery. To protect your credit card details, we will process payment by means of an encrypted connection supported by your browser. We are not liable for any misuse of information by third parties.

Payment is complete when our bank account is irrevocably credited with the amount due.

If you are in default or if your account cannot be debited upon acceptance of your order, the Seller shall be entitled automatically and without prior notice to charge daily late payment interest at the rate of (i) 5 % p.a. above the applicable statutory interest rate for professionals, and (ii) the applicable statutory interest rate for consumers, as of those events. The Seller explicitly reserves the right to prove additional damages and collection costs and to claim compensation therefor.

 

8 - Risk and title

The products will be delivered to the place of delivery specified in the Seller’s shipping confirmation. Risk of loss, damage, and theft of the products transfers to the Buyer upon delivery.

Products shall remain the property of the Seller until complete and final payment of the purchase price, including any transportation charges, taxes, and late payment interest. The Buyer will ensure that the goods subject to retention of title remain at all times recognizable as the property of the Seller. If the Buyer resells or pledges goods that are subject to retention of title, it will notify the third party that the goods are subject to retention of title by the Seller.

 

9 - Warranty

If the product is defective, the statutory provisions shall apply.

To the extent permitted by applicable law and except for the limited warranties set forth under section 4.2 above, the seller and its suppliers make, and the buyer receives, no warranties or conditions, express, implied, statutory, or otherwise, and the seller and its suppliers specifically make no representations with respect to products, any conditions of quality, availability, reliability, security, lack of viruses, bugs or errors, hidden defects and any implied warranties, including, without limitation, any warranty of title, merchantability, fitness for a particular purpose, or for hidden defects.

10 - Indemnification

You agree to defend, indemnify and hold us and our suppliers, subsidiaries, affiliates, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) any materials or information you submit, post to or transmit through the Service, if any, (b) your access to or use of the Service or Program, (c) your violation of these Terms, (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service, and (e) destruction of real or tangible property or personal injury, including but not limited to death, arising from or relating to your actions or inactions.

 

11 - Liability

To the fullest extent permitted by applicable law, neither shapeaccelerator nor the seller shall be liable for any indirect, special, consequential, incidental, multiple, punitive or other indirect damages (including, without limitation, damages for loss of income, loss of savings, loss of clientele, loss of opportunity, loss, corruption of, or damage to data, lost profits, costs of recovery or any other damages, even where those damages are considered direct damages), however caused and on any theory of liability, and whether or not for breach of contract, non-contractual fault, tort, warranty for hidden defects or otherwise, and whether or not shapeaccelerator, the seller, or their respective suppliers or licensors have been advised of the possibility of such damages. to the extent permitted by applicable law, the total cumulative liability of shapeaccelerator, the seller, and their respective licensors and suppliers arising out of these terms shall be limited to the lesser of sum of the amounts paid and owing to the seller for the relevant product, the listed price of the product on the site, and $/€500.

Nothing in these terms and conditions will exclude or limit our liability to you for any damages caused by our willful misconduct or gross negligence, or fraud, death or personal injury caused by our negligence, or for any other liability which may not be excluded or limited under applicable law. these terms and conditions shall also not affect your statutory rights as a consumer.

12 - Enforcement and Termination

We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time, and to terminate any user at any time. Without limiting the foregoing, or assuming additional legal obligations, we have a policy of terminating repeat violators of these Terms and applicable law. Further, your representations, defense, and indemnification obligations survive any termination of these Terms. In the event that we terminate a user without cause, we may, but are under no obligation to, issue to such user a refund of any orders which have been placed, but have not yet been fulfilled.

Notwithstanding anything to the contrary herein, we also reserve the right to, in our sole discretion, take such actions as are necessary to avoid repeated violations of these Terms or applicable law, or protect other individuals from harm, including but not limited to restricting your access to or use of the Service, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.

 

13 - General terms

13.1 Applicable Law – Jurisdiction

By visiting this Site, you expressly agree that the Terms and any dispute, claim, action, cause of action, issue, or request for relief between you and Shapeaccelerator arising out of or relating to these Terms, your visit to our Site, the Club Shapeaccelerator Loyalty Program, or to products or services obtained on or through our Site (collectively “Disputes”) will be governed by and construed in accordance with the laws of the state of New York, U.S.A., without giving effect to any conflict-of-law principles that may provide the application of the law of another jurisdiction. Subject to Section 13.2, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York County, State of New York, for all Disputes that are heard in court. Each party to these Terms agrees that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, each party hereby agrees to, and does, waive any right to a jury trial.

 

13.2 Binding Arbitration

You and we agree to submit all Disputes to confidential and binding arbitration in the State of New York. This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

You and Shapeaccelerator shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and Shapeaccelerator shall each separately pay your own attorneys’ fees and costs.

Notwithstanding the above, if the Dispute concerns a matter for injunctive or other similar relief that is appropriate under applicable law, for instance the enforcement or validity of our, or our licensors’, intellectual property rights, we may seek such injunctive or other similar relief in any state or federal court of competent jurisdiction, whether or not it is in the State of New York.

 

13.3 Severability

You agree that if any provision of these Terms and Conditions is found to be invalid, unenforceable, or void, that provision shall be struck from the Terms, and the remainder of the Terms shall remain in full force and effect consistent with applicable law. However, in the event the provisions waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason, the entire agreement to arbitrate shall be void.

 

13.4 Limitation on Disputes

You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.

 

13.5 Waiver

Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. A waiver must be in writing and signed by the party giving the waiver.

 

14 - Auto-Replenishment Service Terms & Conditions

Auto-Replenishment Service is a subscription service offered by Shapeaccelerator. Shapeaccelerator reserves the right to change the repeat order benefits, the discount amount and free delivery offer at any time. Auto-Replenishment items will ship automatically based on the frequency you select until you cancel. By placing your order you are authorizing us to charge your chosen payment method for future orders at the frequency you have selected.

 

14.1 Initiating Service

Only items where 'Auto-Replenish' option is available will qualify for Auto-Replenishment benefits. You must be logged in to your account to submit an Auto-Replenishment order. You must save a valid credit card in order to begin your Auto-Replenishment Service. This credit card will be charged for subsequent orders.

 

14.2 Benefits

On all Auto-Replenishment orders (initial order and recurring orders) you will qualify for 10% off each auto-replenishment item, free shipping. If your order contains a mixture of auto-replenishment items and one-time delivery items, only the auto-replenishment items will qualify for the 10% discount. Free shipping only applies to the Economy shipping option.

Please note that the Auto-Replenishment discount on initial order may not be combinable with all promotions. The offer is not combinable with the Welcome offer or major sales events such as Friends & Family, Black Friday, and Cyber Monday.

 

14.3 Recurring Orders

Customers will receive an email notification before their next scheduled order. This provides an opportunity to modify or cancel the subscription before the next charge is processed.

After your first order, the total cost for each subscription order will be the cost of the item on the day we send you this email plus sales tax, if applicable. The base price of the item will reflect the price listed on the site at the time of the order, which could vary from what you paid on your initial replenishment order. Prices are subject to change without notice. In the event that a product is listed at an incorrect price, Shapeaccelerator shall have the right to refuse or cancel orders placed for the product at the incorrect price.

After placing your initial Auto-Replenishment order on Shapeaccelerator.com, subsequent Auto-Replenishment orders do not qualify for promotions and Gift with Purchase offers that may have been available when placing the initial order or may be available on the site at the time the recurring order is placed.

 

14.4 Managing Service

You can edit or cancel your Auto-Replenishment subscriptions at any time through the Auto-Replenishment Service section which can be found in My Account. In this section you can change the frequency of shipments, update your shipping address, skip an order, pause your subscription, and reactivate subscriptions.

You can change the default credit card that will be charged for auto-replenishment orders in My Account > Profile > Payment Details.

Cancellation requests must be made before an order has been processed for shipping; otherwise, the order will be considered final and non-refundable unless returned in accordance with the return policy (4.1).

Customers who subscribe must complete at least two (2) consecutive subscription orders before they are eligible to cancel and request a return for a refund.

 

14.5 Payment

For your initial Auto-Replenish order you must pay using a credit card, and for recurring orders you must have a default credit card saved in your Shapeaccelerator account. We regret that you cannot pay using a Shapeaccelerator eGift Certificate, PayPal, or any other alternative payment methods at this time. Credit card failures may prevent order completion. If we are unable to complete a charge, we may retry up to three times. If your credit card payment fails and you do not update your payment details when you are notified, Shapeaccelerator may cancel your subscription. To update your credit card information, log into your account and visit My Account > Payment Details or contact Customer Care.

 

14.6 Add-On Items

If you have an active subscription as part of the Auto-Replenishment Service and are logged into your account, you will have the option to add items to your upcoming Auto-Replenishment order while browsing on the site. You can add the item as either a one-time delivery or as an auto-replenishment subscription. If you add an item as a one-time delivery, it will not receive the 10% discount. Only those products for which you select "auto-replenish" will receive the 10% discount.

 

14.7 Club Shapeaccelerator Rewards Program

Auto-replenishment orders, both the initial order and recurring orders, are eligible to earn points as part of the Club Shapeaccelerator US Loyalty Program (described below).

 

14.8 Termination

We may terminate your subscription at our discretion without notice. If we do so you will only be charged for orders that have been shipped to you.

 

15 - Club Shapeaccelerator US Loyalty Program

 

15.1 Membership Eligibility and Overview

(a) The Club Shapeaccelerator US Loyalty Program (“Program”) is offered at the sole discretion of Shapeaccelerator. The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States, or the European Union (including its territories and possessions) and who provide and maintain a valid email address are eligible to become members. No purchase is necessary to join the Program. We may refuse to create an account for any reason. Employees and individuals employed by our business partners or vendors are eligible for membership but may be excluded from certain benefits of the Program.

(b) By joining the Program and becoming a Program member, you agree that you have read, understood and agree to be bound by these Terms and by any changes or modifications we may make. You should review these Terms and the related policies and FAQs frequently as they may change from time to time. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. The Program is void where prohibited by law.

 

15.2 Program Enrollment

(a) Eligible individuals may enroll in the Program by visiting the Site and following the Program prompts to register for the Program.

(b) You are required to provide your email address in order to enroll in the Program. You will also need to create an account by providing your name and creating a password in order to access certain Program benefits and rewards. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. You may update your personal information on the Site.

(c) Only one Program account may be associated with a single email address.

 

15.3 How the Program Works

(a) The Program is our way to recognize and reward our customers for purchasing & using Shapeaccelerator products, as well as participating in select brand activities. Members earn points that they can redeem for complimentary products, Club Shapeaccelerator Dollars, services and other rewards available through our online rewards catalogue. The more points a member earns, the higher their tier and access to the tier’s corresponding benefits in addition to a more extensive rewards selection! Rewards and tier benefits evolve over time and may be available on a limited basis, so be sure to check the latest offerings on the Site. We also communicate on the Program benefits and promotions through Email & Web Site marketing. Visit our FAQs to learn more about earning points and reaching the Program loyalty tiers.

(b) The Program is a tier-based program determined by the number of points a member has earned within a rolling 12-months basis on eligible purchases and through qualifying activities, beginning on the date when you enroll or reach a new tier. There are 3 tiers with associated benefits:

Tier 1: GOOD (0-2,499 points) 
Tier 2: BETTER (2,500-7,999 points) 
Tier 3: BEST (8,000+ points)

(c) When you join, you’ll be automatically eligible for Tier 1, GOOD and associated benefits. Once you earn at least 2500 points during the 12 months following your enrollment or earlier, you’ll be automatically moved up to Tier 2, BETTER. If you earn 8000 points or more in your first year or earlier, you’ll qualify for Tier 3, BEST.

(d) Your status in a particular tier is good for 12 months from when you first qualify for that tier. After that, you’ll need to have earned enough points to qualify for that tier again to renew. Otherwise you will be in the tier that corresponds to the number of points earned. For example, if you are in Tier 2, BETTER, starting November 1, 2022, you’ll maintain BETTER status until October 31, 2023. If you earn between 2,500 and 7,999 points during this timeframe, we will renew your Tier 2 BETTER status for another 12 months. If you earn less points, you will become a Tier 1 GOOD member starting November 1, 2023 for another 12 months’ timeframe or until you earn enough points to upgrade to another tier.

(e) In order for your purchases & brand activities to qualify for the Program, you must be enrolled in the Program within 30 days of the date of purchase and either (1) be signed into your online account at the time of purchase; or (2) provide your Program member identification (that is, the email address you registered under the Program) when purchasing on (a) the Site and/or (b) submitting your qualifying receipt(s) from an authorized retailer within 30 days of the date of purchase. However, if your membership in the Program is terminated for any reason and you enroll in a new Program account, any purchases made prior to the date you enroll in a new Program account do not qualify for points. 

• (i) Purchases made on www.Shapeaccelerator.com earn an additional 200 bonus points per order. Eligible purchases include regular priced merchandise, excluding sales tax, state fees, discounts, shipping and delivery charges, and/or other excluded charges specified by us from time-to-time. All points earned from purchases on the Site are pending until your order ships, at which point they are fully matured and capable of redemption.
• (ii) Qualifying purchases made in stores of certain authorized retailers in the United States/EU, and/or through qualifying retailers’ United States /EU websites are eligible for the Program, only if receipts from such purchases are submitted within 30 days of the date of purchase by: (a) uploading the receipt or invoice within your loyalty account on the Site; (b) mailing in your receipt using your Program member identification (that is, the email address you registered under the Program) to Club Shapeaccelerator. For a list of qualifying retailers, see below:
• Amazon
• Bol
• Douglas

• (iii) In addition to these purchases, you may also earn points for the following actions on the Site. To earn points, please check to make sure you are a Program member and you have logged into your account before completing the actions below. The number of points, if any, awarded for each action is determined by Shapeaccelerator in its sole but reasonable discretion and in all cases subject to a maximum number of points earned for each action per year. In addition to purchases, you may also earn points in the following ways:
• Signing up for the Program
• Earn bonus points for purchases made on the Site or in select stores during Double Points or other Program events; and
• Earn bonus points for subscribing into Auto Replenishment (maximum of 4 orders with 1 new subscription per rolling 12 months). To earn points, you must be logged in to your Program account when you subscribe and have had at least your 1st order fulfilled.

(f) Members will not receive points or benefits from purchases made at airport store locations or from purchases made at non-qualifying retailers. Purchases made in retail stores outside of the United States/ EU are not eligible for the Program.

(g) You may redeem multiple rewards per order. Rewards-only orders will not benefit from site-wide promotion offers (e.g., other discounts, free sample offers, free product offers, etc.).

(h) Points are valid for one year from when you earn them and expire thereafter unless you are in Tier 3 BEST, in which case your points will not expire while you remain in this tier. You may use your points at any time before they expire. Check your points balance and upcoming expiry dates to redeem them before it’s too late!

(i) You can redeem up to 30,000 points per calendar year (January - December).

 

15.4 Program Benefit and Rewards

(a) As a member, you earn points that determine which rewards you can redeem, tier levels, and tier benefits. To redeem rewards & special offers, you must have accumulated the minimum number of points as established by us for a particular benefit. Product rewards and samples are shipped on the Site only. Shipping is free if you are in Tier 3 BEST, or if you redeem your product reward(s) together with an order of $/€150 or more before taxes and discounts. Otherwise a $/€5 shipping fee will be required to ship your product reward to you.

(b) Points may also be redeemed for online Club Shapeaccelerator Dollars, that are valid for 6 months from the date of points redemption. Once you have chosen to redeem points for Club Shapeaccelerator Dollars, the reward will be available in your Shopping Bag to apply to a current or future order on Shapeaccelerator.com. You may apply only one Club Shapeaccelerator Dollars reward per order. Club Shapeaccelerator Dollars rewards are for one-time use only.

(c) Points may never be exchanged for cash. You must be logged into your Program account to use your benefits. You will find your eligible offers and rewards (with offer codes if applicable) listed in your personal account. Qualifying members will receive email invitations when event rewards are available if they have not opted-out of receiving Program emails. Certain benefits are based on tier level achieved and you are eligible for these benefits while you are in that tier regardless of the number of points you currently have. Tier benefits can only be redeemed on the Site except as otherwise noted by Shapeaccelerator. Even though your points expire 12 months after they are earned, your initial tier status for the year is determined by the number of points earned in the prior 12 months.

• Tier 1, GOOD: 0-2,499 points
• 100 Points for every $/€100 spent on eligible purchases on www.Shapeaccelerator.com and 100 points for every $/€100 spent (excluding sales tax) on Shapeaccelerator products purchased in a Shapeaccelerator store, or at a Shapeaccelerator counter or online at the qualifying retailers listed above 
• Access to FREE Discovery & full size Shapeaccelerator products, as well as Club Shapeaccelerator Dollars via the rewards catalogue (pending you have minimum 1,500 points) 
• 2x Points Birthday Gift valid one-time during your birthday month. To receive double points, you need to record your birthday month in your Shapeaccelerator.com account and be logged into your account, and you must place your Shapeaccelerator.com order, or make a purchase at a Shapeaccelerator Factory Outlet store during your birthday month. However, for other retail purchases from our authorized retailers, we will consider the date when you upload your receipt, not the purchase date, so that if you upload the receipt during your birthday month (even if the purchase was not made during your birthday month) you will receive double points. The 2x Points Birthday Gift may be combined with other discounts or promotions that we may offer.
• Free Standard Shipping for every Site order $/€300+ 
• Access to Exclusive Member Events

• Tier 2, BETTER: 2,500-7,999 points
• All Tier 1 Benefits 
• 150 Points for every $/€100 spent 
• More rewards & Club Shapeaccelerator Dollars options in the Rewards catalogue!

• Tier 3, BEST: 8,000 points and above
• All Tier 1 & 2 Benefits 
• 150 Points for every $/€100 spent
• FREE shipping on all orders
• Points don’t expire
• VIP Member Events

(d) Offers and rewards are available while supplies last and substitutions made by us in our sole discretion may occur. If your online order is not completed for any reason, any offers or rewards will be removed from your shopping basket and may no longer be available. You are not required to redeem your accumulated rewards and/or benefits. Depending on the availability of a particular reward, we may be unable to reship offers or rewards if they arrive damaged, if you received the wrong one, or if one is missing from your order. In the event an offer or reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Customer Care.

(e) Neither accounts nor Program rewards, benefits and/or points may be transferred, shared or combined. Only the member paying for the products may accumulate rewards, benefits and/or points. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.

(f) Rewards, benefits and points earned through the Program have no cash value, are non-transferable (except as expressly provided in these Terms), and you have no property rights in or to rewards or other Program benefits. Purchase balances and/or points credited to your Program account will be decreased or reversed, as applicable, if part or all of a purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Terms. The sale, barter, transfer(except as expressly provided in these Terms), or assignment of any rewards or benefits offered through the Program, other than by us, is expressly prohibited.

(g) Rewards cannot be exchanged or returned for points, another product or service or a monetary refund.

(h) You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms.

(i) We are not responsible for rewards, benefits and/or points lost or redeemed due to fraudulent activity by you or any third party.

(j) We reserve the right to change Program benefits, how you earn points and reach each Program tier and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program and/or for any given tier, the number or types of rewards or benefits you may receive or earn in any given tier, in a given time period or for the duration of the Program, and/or any combination thereof.

(k) If you have concerns that a purchase or other activity was not properly applied to your account, you should contact Shapeaccelerator Customer Care. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue(s) you encountered. This email must be sent no more than forty-five (45) days after the date the purchase or other Program activity took place. We are not responsible for late notifications about purchases or other Program activities not being credited to an account.

 

15.5 Program Communications

By enrolling in the Program, you will receive Program-related communications by email, mail, and SMS regarding the Program if you have already opted-in to Shapeaccelerator marketing communications. For more details on these communications, please see our Privacy Policy.

 

15.6 Termination and Modification

(a) The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Terms, our FAQs and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.

(b) To keep your account active you must log in to your Program account and make a purchase within 24 months. Any suspected abuse of the Program, failure to follow any Terms, membership inactivity for more than 24 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate.

(c) If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by opting-out of the Program in your account on the Site. If you cancel your membership, you will lose all accumulated points, benefits and tier status.

(d) Cancellation of your membership in the Program is your sole remedy. We have no other obligation, liability, or responsibility to you.

 

15.7 Privacy

California Residents: The Program may be considered a “financial incentive” under California law. Please review our Privacy Policy, which includes our Financial Incentive Notice.

 

15.8 Contact Us

For information about the Program and your membership, please contact Customer Care. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also provide answers to helpful frequently answered questions in our FAQs.

 

16 - Shapeaccelerator Refer-a-Friend Program

As a participant in the Shapeaccelerator Refer-a-Friend program (a “Referrer”), you are subject to Shapeaccelerator Terms and Conditions and Shapeaccelerator Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for Shapeaccelerator Refer-a-Friend program:

 

16.1 Qualified Referrer

In order to refer someone within the Shapeaccelerator Refer a Friend program, you must have an active account on Shapeaccelerator.com and must have placed at least one order with this account. You can refer up to 10 individuals and can only refer individuals who have not previously created an account or placed an order on Shapeaccelerator.com.

 

16.2 Qualified Referral

A Qualified Referral is defined as a first purchase made at www.Shapeaccelerator.com by a person (a "Referred Customer") whom you invite to the program by entering their email address in the My Account/Refer-a-Friend form. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.

 

16.3 Referred Customer

The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). The Referred Customer must be a “new” customer who has never made a purchase or created an account on Shapeaccelerator.com.

 

16.4 Referral Offer

For you to receive your referral offer as a promotion code, the Referred Customer must first create an account and complete an order on Shapeaccelerator.com. To redeem the referral, offer, you must log into Shapeaccelerator.com with the email address associated with your Shapeaccelerator.com account and apply the promotion code during checkout. The offer is available only once for any purchase of products with a value of at least $/€150. Applicable purchase amount does not include shipping, handling or sales tax charges or the value of an e-Gift Certificate purchase. The offer is valid for 6 months from receipt thereof. The offer cannot be reimbursed or exchanged for cash, in whole or in part, and cannot be sold for a fee. The offer may not be combinable with other offers. The offer is available to US residents only. We reserve the right to cancel any order due to unauthorized use of offer and to modify or cancel this promotion due to technical error or unforeseen problems. The offer may not be applied to the purchase of Shapeaccelerator.com e-Gift Certificates. The offer may not be applied to past purchases. Any promotion will not be granted and may not be redeemed for a future purchase if the initial transaction is canceled, or item(s) are returned.

 

16.5 Eligibility

Eligibility is limited to individuals only. Shapeaccelerator Refer-a-Friend Program cannot be used by businesses for affiliate lead generation.

 

16.6 Right to Close Accounts

Shapeaccelerator reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Shapeaccelerator Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

 

16.7 Right to Cancel Program or Change Terms

Shapeaccelerator reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion.

Please see our Privacy Policy for more details. 

Social Media Giveaway Terms & Conditions
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• For the purposes of these Terms and Conditions, "The Promoter" refers to Shape Accelerator BV whose Instagram handle is @shapeaccelerator. The "Prize" refers to (1) Shape Accelerator - Sustained Confidence: Endurance 3-Pack with (1) Branded hand towel.
• By entering the competition you agree to be bound by these terms and conditions. All entries must be received by 23:59 on 31/03/2024 One (1) winner will be selected at random by The Promoter on 2/04/2024 and the winner will be notified on or after this date.
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• The Promotors competitions with entry via Instagram and/or Facebook. One (1) winner will be chosen at random from all entrants and across all platforms.
• No purchase necessary. Winners will not be required to pay to enter the competition.
• Entrants must be over 18 years old on the date of their entry.
• Employees of The Promoter are not eligible to enter.
• Instagram or Facebook are not in any way affiliated or involved in the competition.
• Only one entry per person per competition will be accepted.
• Each entrant shall enter the competition via Instagram by tagging 3 other Instagram users in the comments of the specified post by @shapeacelerator, following this Instagram profile and liking the Facebook page @Shapeaccelerator, like the giveaway post on Instagram by @shapeaccelerator and must share the post on their Instagram story.
• The Prize will be awarded to a randomly selected winner who has entered on Instagram and meets the above condition, using a random number generator. The Promoter will not be held liable if the named prize becomes unavailable or cannot be fulfilled.
• The Promoter will not be help liable for any failure of receipt of entries. The Promoter takes no responsibility for any entries which are lost, delayed, illegible, corrupted, damaged, incomplete or otherwise invalid.
• To the extent permitted by applicable law, The Promoter’s liability under or in connection with the competition or these terms and conditions shall be limited to the cost price of the Prize in question.
• To the extent permitted by applicable law, The Promoter shall not be liable under or in connection with these terms and conditions, the competition or any Prize for any indirect, special or consequential cost, expense, loss or damage suffered by a participant even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the participant and the promoter and whether arising from breach of contract, tort, negligence, breach of statutory duty or otherwise.
• Prizes are non-negotiable, non-transferable and non-refundable. No cash alternative is available. Where a Prize becomes unavailable for any reason, the promoter reserves the right to substitute that prize for a prize of equal or higher value.
• The name, address, email address and phone number of the winner must be provided to The Promoter if requested and will be shared to enable fulfilment of the Prize.​
• In the event of unforeseen circumstances beyond The Promoter’s reasonable control, the promoter reserves the right to cancel, terminate, modify or suspend the competition or these terms and conditions, either in whole or in part, with or without notice.
• The Promoter's decision is final. No correspondence will be entered into.
• The winner’s name and social media username may be posted on the social media profiles of The Promotor after the winner has been selected.