Terms & Conditions
1. Use of the Website and App
Welcome to the Think Shape website (the ‘website’/’App’). By accessing this website you agree to these terms and conditions (the ‘Terms’). If you do not agree to them you may not use this website or our app services and should leave it immediately.
Think Shape is an online service of Think Shape Ltd (‘Think Shape’/‘We’/‘our’/‘us’) provided solely for your personal use for the sale of our body-mapping services and other Items (‘Items’).
The Think Shape App is not for commercial use. We monitor high levels of account activity and reserve the right to suspend your account if we believe it may be being used commercially or inappropriately.
Company name: Think Shape Ltd
Company number: 13925841
Where Registered: England & Wales
Registered office address: East Lodge, Kartway House, Lugwardine, Herefordshire, HR1 4AD
VAT registration number: 440741809
We have taken great care to ensure that the Items on our website are presented as accurately as possible. However colour clarity will depend upon your own personal monitor and we therefore cannot guarantee that the colour of the actual Item is absolutely accurate. Before placing an order please read through these Terms.
To be eligible to purchase Items on this Website you must:
a) be the holder of a valid debit/credit card.
b) warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.
If your personal information changes then please notify us immediately by contacting us on the following email firstname.lastname@example.org.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
By using this site you agree to comply with, and be bound by, these Terms.
We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.
2. Making a purchase
When you order an Item from Think Shape you are offering to buy it for the price stated, subject to these Terms.
You will be guided through the process of placing an order by a series of instructions on the Website or App. You place your order for Items from the Website by clicking on the Buy Now button at the end of the online order process.
Once you have placed your order, we will send you an email confirming your order, providing you with an order reference and the total value of your order.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Refunds policy set out below, our acceptance of your order and the completion of the contract between you and us will take place immediately.
Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email.
If you require any information regarding your order(s) please contact us on email@example.com
We may not accept your order if (i) an item you have ordered is out of stock or no longer available, (ii) if your card is due to expire within 28 days of your purchase date (iii) we are unable to obtain authorisation for your payment or (iv) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See the Refunds policy set out below.
We will try to keep our Website as up to date as reasonably possible, but cannot guarantee that any particular Item will always be available. If we can't supply any Item we will release the funds being held in your account for the purchase.
3. Price, Refunds and Discounts
Currency: Your card will be charged in GBP £. The price displayed to you at the checkout is the price you pay. Refunds will also be set at the price you paid not the price in your local currency concerned at the date of refund.
VAT: Prices will be shown inclusive of VAT (where applicable) at the current rate.
While we try to ensure that all details, descriptions and prices that appear on the website are accurate, there may be cases where errors occur. If we discover an error in the price of a product, we shall be under no obligation to accept or fulfil an order for that product at the incorrect price. If an error in the price of any products that you have ordered is discovered, we will inform you of this as soon as possible.
4. Refunds and Cancellation
Think Shape is a digital content product and as such you do not have a right to cancel your order or receive a refund once the digital service has been provided, that is to say that your body map results have been received. We are truly proud of Think Shape and customer satisfaction is always our top priority, and as such we handle each query on an individual basis to the best of our ability. While we are confident that you will be delighted with your Think Shape experience, if you are not perfectly satisfied please contact us within 7 days of your order and we will offer you a refund at our discretion. However you will no longer be able to access your personalised body map results.
Our refunds policy does not affect your statutory rights in any way.
Statutory Cancellation Rights: (Consumer Contracts Regulations 2013) You have a 14-day right to change your mind and get a full refund on your digital content. You do not have this right to cancel once the digital service has already been provided that you have been told this and you have acknowledged it.
5. Discount Codes
You may occasionally receive discount codes from us, via email or through promotional materials.
Each code is unique to the recipient, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each code has an expiry date, which will be stated at the time of promotion or on accompanying promotional materials which cannot be modified. Some discount codes may be redeemed both in store and online, or when specified, for online purchases only. Again, this will be stipulated at the time of promotion and on accompanying promotional materials.
When an order is placed using a promotional code and contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item. Any refund of an item purchased in such an order will be reduced by the value of discount attached to it. The ‘discount’ will not be refunded.
Under no circumstances can the value of a discount code be deducted from an order if that code is defective or out of date: no replacement codes will be issued.
Only one discount voucher can be used per order.
6. Passing of property and risk
We will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you. Risk in the Items will pass to you on delivery to you.
7. Contacting Us
If you would like some help when ordering, have a query about your order or to provide us with feedback on our service, please email firstname.lastname@example.org.
8. Copyright and Trade Marks
All content available on the Website, including, but not limited to, video, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the ‘Content’) is the property of Think Shape, our affiliates, our partners or our licensors, and is protected by UK and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the ‘Trade Marks’) are the registered and unregistered marks of Think Shape, our affiliates, our licensors or our partners, in the UK and other countries, and are protected by UK and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence in the section entitled ‘Limited Licence’ below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
For the avoidance of doubt, Think Shape does not make any warranty or representation in respect of any other trade mark and the trade marks of the brands featured on Think Shape belong to their respective owners.
9. Limited Licence
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame, link to, or utilise any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion.
The limited licence set forth in this section does not include the right to:
a) modify or download the Website or its contents (except caching or as necessary to view content)
b) make any use of the Website or its Content other than personal use
c) create any derivative work based upon either the Website or its Content
d) collect account information for the benefit of another party
e) use any meta tags or any other ‘hidden text’ utilising our name or the Trade Marks without our express written consent
f) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:
a) link to, but not replicate, our Content
b) not imply that we are endorsing such website or its services or products
c) not misrepresent its relationship with us
d) not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages
e) not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions
f) not use any Trade Mark without our prior written consent and
g) not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorised use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law.
10. Third Party Links
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and Terms. You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.
11. Our Liability To You
You have certain rights under the law, including that any Items you order through this Website will be of satisfactory quality, fit for their intended purpose, and will conform to your order and any description given on this Website.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.
We only supply the Items, use of the Website and any other services for domestic and private use. You agree not to use the Items, Website or any other services provided by us for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Further, you agree that we are not responsible or liable under any circumstances for any computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third-party websites.
In no event shall our maximum aggregate liability exceed the greater of one hundred pounds (£100.00) or the sum you have paid us for the Item in relation to which you have a claim. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by the laws of that country. Nothing in any warranty given in this clause affects your statutory rights.
We do not exclude or limit in any way our liability for (i) death or personal injury caused by our negligence,(ii) fraud or fraudulent misrepresentation, (iii) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession), (iv) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples), (v) defective products under the Consumer Protection Act 1987, or (vi) any other liability which cannot be excluded by law.
12. Use of Google Analytics in Our Applications
Data Collection and Usage: Our applications utilise Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics employs cookies, which are text files placed on your device, to help the website analyse how users interact with the site. The information generated by the cookie about your use of the application (including your IP address) will be transmitted to and stored by Google on servers in the United States.
Purpose and Scope: We use Google Analytics to understand how our applications are used, such as tracking user interactions, engagement levels, and application performance. This analysis aids us in improving the functionality and user experience of our applications.
Data Protection and Privacy: In compliance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, we ensure that any data processing is lawful, fair, and transparent. We do not use Google Analytics to collect any personally identifiable information. The data collected is used in aggregate form and is not used to identify individual users.
Data Retention and Security: The data collected through Google Analytics is retained in accordance with our data retention policy and is secured to prevent unauthorised access and use. We regularly review and update our data protection practices to ensure ongoing compliance with the UK GDPR.
If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by Think Shape shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.
We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms, please contact us by email at email@example.com.
14. Governing Law
Your use of this Website and any purchase by you of any Item from Think Shape shall be governed by English law and you hereto submit to the exclusive jurisdiction of the English courts.
15. Gift Cards
Think Shape Gift Cards are sold as a virtual gift-card product subject to the following terms and conditions:
a) Gift Cards are valid for 12 months from the date of purchase.
b) Gift Cards can be redeemed against all products on Think Shape.
c) Gift Cards cannot be returned or refunded and are non-transferable.
d) Gift Cards can only be purchased with a debit or credit card; account credit cannot be used to buy a Gift Card.
e) If your order exceeds your credit value, any remaining balance must be paid for by credit or debit card.
f) If you return products you have purchased using a Gift Card, the remaining balance will be added to your account as credit and can be redeemed against subsequent orders.
g) Think Shape is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission.
h) Think Shape reserves the right to cancel a Gift Card if we deem such action necessary.
i) Gift Cards are exempt from local duty and tax.
j) No delivery charges apply on Gift Card(s)-only orders.
k) If a customer purchases a Gift Card or Gift Cards alongside other shippable products, standard delivery charges will apply (except during free delivery promotional periods).
l) Gift Cards cannot be used in conjunction with any other offer, with the exception of free delivery promotions.
16. Using and Submitting on The Style Social
By uploading your photo or submitting it using one of the listed hashtags on Instagram, you acknowledge that it may be selected for display in the gallery on the Website or our social feeds. Think Shape will select photos at its absolute discretion. For the avoidance of doubt, Think Shape is under no obligation to use any photos submitted.
By uploading your photo you retain your rights in that photo. By submitting a photo you hereby grant to Think Shape a perpetual irrevocable, worldwide, non-exclusive, royalty-free, assignable, sublicenseable licence to use, edit, alter, reproduce, translate, publish and/or distribute the photos and/or incorporate it in other works on the Think Shape Websites, apps, emails and social-media channels, or in other products or services available through the Websites (the Websites and the products and services collectively referred to as the “Services”) for publicity purposes and in advertising, marketing and/or promotional material without additional compensation or prior notice using any and all media or distribution methods (now known or later developed). We also reserve the right to display any Submission, as well as your name, Instagram, handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works without further notice or compensation to you.
You understand that this licence means your photo may be made available by Think Shape worldwide on the Services and that other users of the Services (individuals and companies) can also share and make your photos available on social media platforms or other services. More particularly, a user can share a photo directly from the gallery on Pinterest, Twitter and Facebook. Think Shape shall retain the rights granted in each submission even if the submission is disqualified or fails to meet the submission requirements. If you do not want to grant the permissions set out above, then please do not submit or share your photos.
By submitting your photos you warrant and represent that you have the right to grant the licence described above. In particular, you promise that you have obtained the permission of all the people featured in the photo (and, if they are under 18, their parents and/or guardians as well) to allow Think Shape and other users of the Services to use the photos. To the extent permitted by law, you also agree to waive your moral rights in relation to any photos submitted.
Depending on how you upload your photos to us, it may provide you with the ability to interact with social media services. These features may enable integration and/or access to your social media services, your profiles on those services or establish rules about how your personal information on those services will be used. You and the social media providers are in control of those issues, not Think Shape. Please read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features. We are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.