Terms of Service
Last updated: February 19, 2026 — Effective immediately upon publication
Table of Contents
- About Shakes Band
- Scope and Acceptance of Terms
- Eligibility to Purchase
- Products — Description and Availability
- Pricing and Currency
- Order Process and Contract Formation
- Payment Terms
- Shipping and Delivery
- 100-Night Risk-Free Trial
- Returns, Refunds and Cancellations
- Product Warranty — 2-Year Limited Guarantee
- Consumer Statutory Rights
- Intellectual Property
- Acceptable Use of the Website
- Third-Party Links and Services
- Electronic Communications
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Force Majeure
- Governing Law and Jurisdiction
- Dispute Resolution and Mediation
- Modifications to these Terms
- Severability
- Entire Agreement
- Contact Information
1. ABOUT SHAKES BAND
www.shakesband.com (the "Website" or "Site") is an e-commerce platform operated by Shakes Band. Full legal information about the operator, including registered name, registered address, SIRET number, and applicable regulatory body, is available in our Legal Notice, which forms an integral part of the legal framework governing use of this Website.
Shakes Band designs and distributes the Shakes Band vibrating silent alarm bracelet — a wearable device designed to provide silent, vibration-based wake-up alerts, primarily intended for individuals with hearing impairments, hard-of-hearing individuals, heavy sleepers, and anyone seeking a discreet and non-disruptive alarm solution.
Contact: hello@shakesband.com
2. SCOPE AND ACCEPTANCE OF TERMS
These Terms of Service (the "Terms" or "Agreement") govern the entire relationship between you ("Customer", "you", "your") and Shakes Band in connection with (i) your access to and use of the Website, (ii) the creation of any customer account, and (iii) the purchase of any product offered on the Website.
These Terms must be read in conjunction with our other policies that together form the complete legal framework applicable to your use of the Website and your purchases:
Our Privacy Policy governs how we collect and process your personal data. Our Shipping Policy governs delivery timeframes, international shipping, and customs. Our Return & Refund Policy governs your rights to return products and receive refunds. Our Legal Notice contains our full legal identification details as required by applicable law.
By (i) accessing any page of the Website, (ii) adding any product to your shopping cart, (iii) completing a purchase at checkout, or (iv) creating an account, you confirm that you have read, understood, and unconditionally agree to be bound by these Terms and all associated policies.
If you do not agree with any part of these Terms, you must not use the Website or make any purchase. Shakes Band reserves the right to revoke access to any user who violates these Terms.
3. ELIGIBILITY TO PURCHASE
3.1 Age Requirement
You must be at least 18 years of age, or the age of majority in your country of residence if that age is higher than 18, to make a purchase on the Website. By placing an order, you represent and warrant that you meet this age requirement. Shakes Band does not knowingly sell to minors. If we become aware that a purchase was made by a person under the required age, we reserve the right to cancel the order and issue a refund.
3.2 Geographic Eligibility
The Website currently accepts orders for delivery to the following countries: the United States (US), the United Kingdom (UK), and Canada (CA). Orders placed from other countries will not be accepted at checkout. Shakes Band reserves the right to expand or restrict available shipping destinations at any time without prior notice.
3.3 Business Purchases
These Terms primarily govern purchases made by individual consumers for personal use. If you are purchasing on behalf of a company, organization, or for resale purposes, you represent that you have the authority to bind that entity to these Terms. Business purchases are subject to the same terms unless a separate written agreement has been executed with Shakes Band.
3.4 Account Responsibility
If you create an account on the Website, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately at hello@shakesband.com if you suspect any unauthorized use of your account. Shakes Band cannot be held liable for any loss or damage arising from your failure to safeguard your account credentials.
4. PRODUCTS — DESCRIPTION AND AVAILABILITY
4.1 Product Description
Shakes Band sells physical consumer electronic accessories, specifically the Shakes Band Vibrating Silent Alarm Bracelet, available in the following configurations:
| Bundle | Description | Base Price (before any discount) |
|---|---|---|
| Solo | 1 × Shakes Band bracelet | €65.00 |
| Duo | 2 × Shakes Band bracelets | €130.00 |
| Quattro | 4 × Shakes Band bracelets | €260.00 |
Each bracelet is intended to provide silent vibration-based alarm functionality. Full product specifications, including compatible devices, charging method, vibration intensity settings, battery life, and water resistance rating, are detailed on the individual product pages on the Website. Please review product descriptions carefully before purchasing.
4.2 Accuracy of Product Descriptions
Shakes Band makes every reasonable effort to ensure that product descriptions, photographs, technical specifications, and other content displayed on the Website are accurate and up to date. However, we cannot guarantee that product descriptions are entirely free from errors, omissions, or inaccuracies. Product images are for illustrative purposes only. Colors, dimensions, and physical appearance may vary slightly from the actual product due to variations in screen calibration, photography, and manufacturing tolerances. Such minor variations do not constitute grounds for a return unless the product fails to meet its stated functional specifications.
4.3 Product Availability
All orders are subject to product availability. Shakes Band reserves the right to limit the quantities of any product available for purchase and to discontinue any product at any time without prior notice. If a product is out of stock after your order has been placed and payment has been taken, we will notify you by email as soon as possible and provide a choice between (i) a full refund, (ii) a back-order with an estimated restock date, or (iii) substitution with an equivalent product of equal or greater value (where applicable). In no event shall Shakes Band be liable for any damages or losses resulting from product unavailability.
4.4 Promotional Offers and Discounts
Shakes Band may from time to time offer promotional discounts, bundle offers, or limited-time price reductions. Such promotions are subject to their own specific terms and conditions, including validity periods and eligibility requirements. Promotions cannot be combined unless explicitly stated. Shakes Band reserves the right to modify or withdraw any promotional offer at any time without prior notice. The display of a promotional price on the Website does not constitute a binding offer until an order confirmation email has been issued.
5. PRICING AND CURRENCY
5.1 Display Currency
All prices on the Website are displayed in Euros (€) unless otherwise indicated. As Shakes Band primarily serves customers in the United States, United Kingdom, and Canada, you may be charged in your local currency by your bank or payment provider at the prevailing exchange rate at the time of the transaction. Any currency conversion fees, foreign transaction fees, or other charges applied by your bank or card issuer are your sole responsibility. Shakes Band has no control over and accepts no liability for such fees.
5.2 Price Accuracy and Errors
While we make every effort to ensure that prices displayed on the Website are accurate, pricing errors may occasionally occur. In the event that a product is listed at an incorrect price due to a typographical error, system error, or other technical issue, Shakes Band reserves the right to cancel orders placed at the incorrect price, even if the order has been confirmed. In such cases, we will notify you promptly and offer you the option to purchase the product at the correct price or receive a full refund of any amount already charged.
Where a pricing error is so obvious that a reasonable person would have recognized it as an error (e.g., a product listed at €0.01 instead of €65.00), we may cancel the order without further obligation. Where the error is more ambiguous, we will always give you the opportunity to proceed at the correct price or cancel.
5.3 Taxes and Import Duties
Prices displayed on the Website do not include customs duties, import taxes, value-added tax (VAT) applied by the destination country, or any other levies imposed by your local government. These charges, if applicable, are entirely your responsibility and will be collected by your country's customs authority or carrier upon delivery. Shakes Band is not able to predict or calculate these charges in advance, as they vary by country, product category, and declared value. For more information, please consult your local customs authority.
5.4 Right to Modify Prices
Shakes Band reserves the right to modify the prices of any product at any time and without prior notice. Price changes will not affect orders that have already been confirmed. The price applicable to your order is the price confirmed at the time of checkout and shown in your order confirmation email.
6. ORDER PROCESS AND CONTRACT FORMATION
6.1 Order Placement
Placing an order on the Website is a straightforward process. You browse available products, select your desired bundle (Solo, Duo, or Quattro), add it to your shopping cart, and proceed through the checkout process. At checkout, you will be asked to provide your name, email address, delivery address, and payment information. You will have the opportunity to review and correct your order at all stages before submitting.
Before finalizing your order, you will be required to accept these Terms of Service and our Privacy Policy by checking the relevant confirmation box. You acknowledge that by checking this box, you are legally consenting to these Terms.
6.2 Order Submission
When you click the final "Place Order", "Buy Now", or equivalent button at checkout, you are submitting an offer to purchase the products in your cart at the stated price. This submission constitutes a binding offer on your part, subject to acceptance by Shakes Band. An order placed on the Website represents an invitation to contract and does not by itself constitute acceptance by Shakes Band.
6.3 Order Confirmation and Contract Formation
A binding contract between you and Shakes Band is formed only when you receive an order confirmation email from us to the email address you provided at checkout. This email will include your order number, the products ordered, the total amount charged, and your estimated delivery window. Please retain this email as proof of purchase.
You are responsible for ensuring that the email address you provide at checkout is accurate and capable of receiving emails. Shakes Band is not responsible for order confirmations that are lost, delayed, or incorrectly filtered into a spam or junk folder.
6.4 Right to Refuse or Cancel Orders
Shakes Band reserves the right, at its sole discretion and at any time before shipment, to refuse, cancel, or limit any order, including but not limited to the following circumstances: suspected fraudulent, abusive, or unauthorized activity; incorrect pricing due to a system or typographical error; product unavailability at time of fulfillment; inability to verify payment or billing information; failure to meet eligibility requirements under Section 3; delivery address located outside our shipping zones; unusually high order quantities that exceed typical consumer use; or any other circumstances that Shakes Band deems relevant in good faith. In such cases, you will be notified by email and any payment already taken will be refunded promptly.
6.5 Order Modifications by the Customer
Once an order has been placed, modification requests (such as changes to the delivery address or bundle quantity) can only be accommodated if the order has not yet entered the fulfillment process. To request a modification, contact us immediately at hello@shakesband.com with your order number. We will do our best to accommodate your request but cannot guarantee that changes can be made once an order has been dispatched to our fulfillment partner.
7. PAYMENT TERMS
7.1 Accepted Payment Methods
Shakes Band accepts the following payment methods at checkout:
| Payment Method | Details |
|---|---|
| Credit / Debit Card | Visa, Mastercard, American Express. Payment is taken immediately upon order confirmation. |
| Apple Pay | Available on compatible Apple devices using Safari. Your card number is never shared with Shakes Band. |
| Google Pay | Available on compatible Android devices and browsers. Your card number is never shared with Shakes Band. |
All payment methods are subject to availability and may vary depending on your location or device. Shakes Band reserves the right to add, modify, or remove accepted payment methods at any time.
7.2 Payment Processing
All payments are processed securely by Shopify Payments, a PCI DSS Level 1 compliant payment processing service operated by Shopify Inc. All transactions are encrypted using SSL/TLS (Secure Socket Layer / Transport Layer Security) technology. Shakes Band does not store, access, or process your full payment card details. Card data is handled entirely by Shopify Payments and its underlying payment processors.
7.3 Payment Authorization
By submitting your payment information, you authorize Shakes Band (via Shopify Payments) to charge the full order amount to your selected payment method at the time of purchase. If payment is declined by your bank or card issuer, your order will not be processed. In such cases, please contact your bank or try an alternative payment method.
7.4 Fraud Prevention
Shakes Band and its payment processing partners employ automated fraud detection systems. We reserve the right to request additional identity verification before processing or shipping any order flagged by our systems. Failure to provide satisfactory verification may result in order cancellation and refund. Any attempt to use fraudulent payment information, stolen card details, or unauthorized payment methods will be reported to the relevant authorities.
7.5 Chargebacks
If you initiate a chargeback with your bank or card issuer without first contacting Shakes Band to attempt resolution, we reserve the right to dispute the chargeback and provide evidence of the transaction, shipment, and delivery to the issuing bank. We encourage all customers to contact us at hello@shakesband.com before initiating any dispute, as we are committed to resolving all issues fairly and promptly.
8. SHIPPING AND DELIVERY
Full details regarding processing times, estimated delivery windows by destination, tracking, customs responsibilities, and procedures for lost, damaged, or delayed packages are available in our dedicated Shipping Policy, which forms an integral part of these Terms.
Key information for reference:
| Destination | Processing Time | Estimated Shipping |
|---|---|---|
| 🇺🇸 United States | 1–3 business days | 6–8 business days |
| 🇬🇧 United Kingdom | 1–3 business days | 3–6 business days |
| 🇨🇦 Canada | 1–3 business days | 8–15 business days |
All orders are shipped via tracked international carriers. The risk of loss or damage to the goods passes to the customer upon handover to the carrier. Delivery timeframes are estimates and are not contractually guaranteed. Shakes Band shall not be liable for delays caused by customs clearance, carrier disruptions, extreme weather events, or other circumstances beyond our reasonable control.
It is the customer's sole responsibility to ensure that the delivery address provided at checkout is correct, accessible, and capable of receiving parcels. Shakes Band cannot be held liable for failed deliveries or losses arising from an incorrect address provided by the customer.
9. 100-NIGHT RISK-FREE TRIAL
9.1 What the Trial Covers
Every Shakes Band order comes with our signature 100-Night Risk-Free Trial. We stand behind our product so completely that we give you 100 full nights — counted from the date you receive your order — to experience the Shakes Band bracelet in the conditions for which it was designed: while you sleep.
If at any point during those 100 nights you decide that Shakes Band is not right for you — for any reason whatsoever — you are entitled to a full refund of the purchase price. No questions asked. No penalties.
9.2 How to Invoke the Trial
To initiate a return under the 100-Night Trial, simply email us at hello@shakesband.com before the expiry of the 100-night window, with your order number and a brief note indicating you wish to return your product. Our team will respond within 2 business days with return instructions.
9.3 Conditions and Limitations
The 100-Night Trial applies to orders placed directly on www.shakesband.com. It applies once per household. The trial covers genuine usage-based returns — not returns motivated by abuse of the policy. Shakes Band reserves the right to decline a return request under the 100-Night Trial in cases of clear policy abuse (e.g., repeated returns from the same customer or address, or evidence of product misuse causing damage). In all disputed cases, Shakes Band will review claims individually and fairly. The 100-Night Trial does not apply to replacement products issued under a warranty claim.
9.4 Relationship with EU Statutory Right of Withdrawal
EU and EEA resident consumers also benefit from a statutory 14-day right of withdrawal under EU Directive 2011/83/EU on Consumer Rights, independently of and in addition to our 100-Night Trial. The 100-Night Trial is a voluntary commercial offer by Shakes Band and does not replace or limit any statutory right to which consumers are entitled under applicable law.
10. RETURNS, REFUNDS AND CANCELLATIONS
Full details on the return process, eligibility criteria, refund timelines, exchange procedures, and non-returnable scenarios are set out in our Return & Refund Policy. The following is a summary of key points.
10.1 Returns Within the 100-Night Trial Period
Returns initiated within 100 nights of delivery are eligible for a full refund of the purchase price. Return shipping costs are borne by the customer, except where the return is due to our error (wrong item, damaged in transit, or manufacturing defect).
10.2 Cancellations Before Shipment
Orders may be cancelled free of charge at any time before they have been dispatched. To cancel an order, contact us immediately at hello@shakesband.com with your order number. A full refund will be issued within 3–5 business days. If the order has already been dispatched at the time your cancellation request is received, standard return procedures under the 100-Night Trial will apply.
10.3 Defective or Incorrect Items
If you receive a product that is defective, damaged in transit, or incorrect (i.e., not the product you ordered), please contact us at hello@shakesband.com within 48 hours of delivery. Please include photographs of the product and its packaging. In such cases, Shakes Band will, at our discretion and at no cost to you, either dispatch a replacement product or issue a full refund including any return shipping costs incurred.
10.4 Refund Processing Time
Approved refunds are processed within 5 to 10 business days of our confirmation of the return shipment. Refunds are issued to the original payment method used at checkout. Please note that your bank or payment provider may take additional time to post the credit to your account; Shakes Band has no control over this processing time.
10.5 Non-Refundable Situations
Returns submitted after the 100-night trial period (unless covered by the 2-year warranty), products damaged due to misuse, neglect, accidents, or modifications, and products purchased through unauthorized third-party resellers are not eligible for return or refund under these Terms.
11. PRODUCT WARRANTY — 2-YEAR LIMITED GUARANTEE
11.1 Warranty Period
Shakes Band provides a 2-year limited warranty on all products sold on the Website, beginning on the date of delivery as confirmed by the carrier's tracking system.
11.2 What Is Covered
The warranty covers defects in materials and workmanship that arise under normal use and conditions. Specifically, the following are covered: failure of the vibration motor due to a manufacturing defect; failure of the charging mechanism or port due to a manufacturing defect; malfunction of buttons, controls, or internal electronics attributable to a production fault; structural defects in the bracelet housing that arise under normal wear.
11.3 What Is Not Covered
The warranty does not cover: physical damage resulting from drops, impact, pressure, or accidents; water damage where the product has been submerged beyond its rated water resistance level; damage caused by misuse, negligence, or failure to follow the product instructions; unauthorized modifications, repairs, or disassembly; normal wear and tear, including surface scratches, discoloration, or strap degradation over time; damage caused by exposure to extreme temperatures, chemicals, or electromagnetic interference; cosmetic damage that does not affect the product's core functionality; products whose serial number or product identification has been removed, altered, or made illegible.
11.4 How to Make a Warranty Claim
To initiate a warranty claim, please contact our customer service team at hello@shakesband.com with the following information: your full name, your order number or proof of purchase, a detailed description of the defect or malfunction, and at least two clear photographs or a short video demonstrating the issue.
Our team will acknowledge your claim within 3 business days and provide an assessment within 7 business days. Upon validation of your warranty claim, Shakes Band will, at its discretion, offer one of the following resolutions: a free replacement product shipped to your original delivery address; repair of the defective unit (where feasible); or a partial refund reflecting the remaining useful life of the product.
Warranty claims for defects that appear after the 100-Night Trial period but within the 2-year window will be assessed individually. Shipping costs for warranty replacements are covered by Shakes Band for the replacement shipment only.
11.5 Relationship with Legal Guarantees
This 2-year limited warranty is a voluntary commercial guarantee offered by Shakes Band and is in addition to, and does not replace or limit, any statutory legal guarantees to which consumers may be entitled under applicable law. In particular, EU consumers benefit from a legal guarantee of conformity for a period of two years from delivery (French Consumer Code, Articles L.217-4 et seq.) and a guarantee against hidden defects (French Civil Code, Articles 1641 et seq.).
12. CONSUMER STATUTORY RIGHTS
Nothing in these Terms is intended to limit or exclude any rights you may have as a consumer under the mandatory laws of your country of residence. In particular:
EU / EEA Consumers: You benefit from all rights conferred under EU consumer law, including the 14-day right of withdrawal (EU Directive 2011/83/EU), the 2-year legal guarantee of conformity (EU Directive 2019/771), and national consumer protection laws. Nothing in these Terms overrides these protections.
UK Consumers: You retain all rights conferred by the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and other applicable UK consumer protection legislation. In the event of any conflict between these Terms and mandatory UK consumer law, the applicable law shall prevail.
US Consumers: Consumer protection laws vary by state. Nothing in these Terms is intended to waive any rights you may have under applicable state consumer protection statutes, including but not limited to California consumer protection laws.
Canadian Consumers: You retain all rights conferred by applicable federal and provincial consumer protection legislation.
13. INTELLECTUAL PROPERTY
13.1 Ownership
All content, materials, and elements on the Website, including but not limited to the Shakes Band brand name, logo, taglines (including "The 1st Vibrating Silent Alarm"), product designs, photographs, videos, written content, graphic designs, software code, user interface elements, and any other copyrightable material, are the exclusive property of Shakes Band or are used under a valid license. These materials are protected by applicable intellectual property laws, including copyright, trademark, and design right laws.
13.2 Restrictions
You may not, without the prior written consent of Shakes Band: reproduce, distribute, publicly display, publicly perform, or create derivative works based on any content from the Website; use the Shakes Band name, logo, or any other brand element for commercial purposes; use any automated tool, scraper, bot, or other means to extract content from the Website; frame or mirror any content from the Website on any other website or digital platform.
13.3 Limited License for Personal Use
Shakes Band grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use only, subject to these Terms. This license does not include the right to use the Website for any commercial purpose, to sell or redistribute any content, or to use any data mining or extraction tools.
13.4 User-Generated Content
If you submit reviews, testimonials, photographs, or other content relating to Shakes Band products (collectively "User Content"), you grant Shakes Band a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, adapt, publish, and display such User Content in connection with the promotion and marketing of Shakes Band, including on the Website and social media channels. You represent and warrant that you own or have the rights to submit such User Content and that it does not infringe any third-party rights.
14. ACCEPTABLE USE OF THE WEBSITE
By using the Website, you agree not to engage in any of the following prohibited activities:
Engaging in any unlawful activity in connection with your use of the Website; submitting false, misleading, or fraudulent information at checkout or in any communication with Shakes Band; impersonating any person or entity, or misrepresenting your affiliation with any person or entity; using the Website to transmit any unsolicited or unauthorized advertising or promotional material; uploading, posting, or transmitting any content that is harmful, offensive, defamatory, obscene, or otherwise objectionable; attempting to gain unauthorized access to any part of the Website, its servers, databases, or related systems; using any automated tool or script to place orders, scrape content, or interact with the Website in a manner not intended for human use; engaging in any conduct that could damage, disable, impair, or overburden the Website or Shakes Band's infrastructure; abusing the return or refund policy by systematically purchasing and returning products without genuine intent to keep any of them.
Shakes Band reserves the right, at its sole discretion and without notice, to terminate or restrict access to the Website for any user found to be in breach of these acceptable use requirements.
15. THIRD-PARTY LINKS AND SERVICES
The Website may contain links to third-party websites, services, or applications that are not owned or controlled by Shakes Band. These links are provided for your convenience only and do not constitute an endorsement, recommendation, or approval by Shakes Band of those third-party sites or their content, products, or services. Shakes Band has no control over, and accepts no responsibility for, the content, privacy policies, terms of use, or practices of any third-party website or service. We encourage you to review the terms and privacy policies of any third-party site you visit.
In addition, your use of this Website involves interaction with third-party services including Shopify (e-commerce platform and payment processing), international shipping and logistics partners, and analytics services. These third parties operate under their own terms of service and privacy policies.
16. ELECTRONIC COMMUNICATIONS
By providing your email address at checkout or through any contact form, you consent to receiving electronic communications from Shakes Band. These communications include order confirmations, shipping notifications, warranty and returns correspondence, and other transactional messages necessary to fulfill your purchase. You agree that these electronic communications satisfy any legal requirement that such communications be made in writing.
If you have opted in to marketing communications, you may also receive promotional emails from Shakes Band regarding new products, promotions, and other commercial offers. You may unsubscribe from marketing emails at any time by clicking the "Unsubscribe" link in any marketing email or by contacting us at hello@shakesband.com. Unsubscribing from marketing emails does not affect your receipt of transactional communications.
17. DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Website and all content, products (except as covered by the express warranty in Section 11), and services provided thereon are made available on an "as is" and "as available" basis, without any warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
Shakes Band does not warrant that: the Website will be continuously available, uninterrupted, or free from errors or technical faults; the Website will be free from viruses, malware, or other harmful components; the information on the Website is complete, accurate, or up to date at all times; any defects or errors in the Website will be corrected; the Website or the server that makes it available are free from viruses or other harmful components.
This disclaimer does not affect any statutory rights you may have as a consumer under applicable mandatory law.
18. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Shakes Band, its owner, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with: your use of or inability to use the Website; any product purchased through the Website (beyond the express warranty in Section 11); unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on or through the Website; or any other matter relating to the Website or your purchase.
In all cases, Shakes Band's total aggregate liability to you for any and all claims arising out of or in connection with any single order shall not exceed the total amount paid by you for that specific order.
Nothing in these Terms excludes or limits Shakes Band's liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; product liability claims that cannot be excluded by law; any liability that cannot be excluded or limited by applicable law, including mandatory consumer protection rights.
19. INDEMNIFICATION
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Shakes Band, its owner, agents, and successors, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and attorneys' fees arising out of or in connection with: your violation of these Terms; your User Content; your use of the Website in a manner not authorized by these Terms; or your violation of any third-party rights, including intellectual property rights. This indemnification obligation does not apply to the extent that the claim arises from Shakes Band's own negligence or breach of these Terms.
20. FORCE MAJEURE
Shakes Band shall not be held responsible for any delay in or failure to perform any obligation under these Terms where such delay or failure results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic or epidemic events, war, terrorism, civil unrest, strikes or industrial action (other than those involving Shakes Band's own personnel), government action, port closures, transportation disruptions, customs delays, power or internet failures, or any other event of a similar nature.
In the event of a force majeure event affecting our ability to fulfill an order, we will notify you as promptly as possible and provide you with options including a revised delivery estimate or a full refund.
21. GOVERNING LAW AND JURISDICTION
These Terms are governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. In particular, these Terms are subject to: Law No. 2004-575 of June 21, 2004 for Confidence in the Digital Economy (LCEN); the French Consumer Code (Code de la consommation); the French Civil Code; the General Data Protection Regulation (EU) 2016/679 (GDPR); and other applicable French and European Union regulations.
Subject to the mandatory consumer protection laws of your country of residence, any dispute arising out of or in connection with these Terms or your purchase that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the competent courts of France. Consumers residing in the EU, UK, or other jurisdictions with mandatory consumer protection laws retain the right to bring claims before the courts of their country of residence.
22. DISPUTE RESOLUTION AND MEDIATION
22.1 Informal Resolution
Before initiating any formal legal proceedings, we strongly encourage you to contact us at hello@shakesband.com to describe your concern and give us the opportunity to resolve it. We are committed to responding to all customer inquiries within 3 business days and to resolving disputes fairly and promptly.
22.2 EU Online Dispute Resolution
In accordance with EU Regulation No. 524/2013 on online dispute resolution for consumer disputes, EU and EEA consumers have the right to submit disputes to the European Commission's Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr.
22.3 Consumer Mediation (France)
In accordance with Articles L.612-1 et seq. of the French Consumer Code, consumers have the right to resort to a consumer mediator free of charge for the amicable resolution of disputes with a professional. Shakes Band will provide details of the relevant mediator upon request.
23. MODIFICATIONS TO THESE TERMS
Shakes Band reserves the right to update or modify these Terms at any time. Changes will be published on this page with an updated "Last updated" date at the top of the document. For material changes that significantly affect your rights, we will make reasonable efforts to notify registered customers by email.
Your continued use of the Website or placement of an order after the publication of updated Terms constitutes your acceptance of those changes. If you do not agree to the updated Terms, you must stop using the Website. Orders placed before the effective date of any change remain subject to the Terms in force at the time of that order.
24. SEVERABILITY
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in whole or in part, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible. The modification or severance of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
25. ENTIRE AGREEMENT
These Terms of Service, together with the Privacy Policy, Shipping Policy, Return & Refund Policy, and Legal Notice, constitute the entire and complete agreement between you and Shakes Band with respect to your use of the Website and the purchase of products. They supersede all prior agreements, understandings, representations, warranties, and negotiations, whether written or oral, relating to the subject matter hereof.
No waiver by Shakes Band of any breach or default of these Terms shall be deemed a waiver of any subsequent breach or default, and shall not affect the other terms of these Terms.
26. CONTACT INFORMATION
For any question, complaint, or inquiry relating to these Terms of Service or your relationship with Shakes Band:
Email: hello@shakesband.com
Brand: Shakes Band
Website: www.shakesband.com
Legal details: See our Legal Notice
We aim to respond to all inquiries within 2 business days.