Terms and Conditions

GENERAL INFORMATION

www.shapingnewtomorrow.com, also named "the "Website", is provided by SHAPING NEW TOMORROW USA INC. with the registered address:

SHAPING NEW TOMORROW USA INC.
875 North Michigan Avenue, Suite 3950
Chicago, IL 60611
United States


Any reference to "Shaping New Tomorrow", "we", "us", or "our" means SHAPING NEW TOMORROW USA INC., while "you", "your" or "customer" refers to you in any capacity as a visitor or user of the Website.

The following Terms and Conditions apply to your purchase on the Website, and by placing an order through our website ("Website") you are agreeing to be bound by them. You will not be eligible to make a purchase on the Website, without accepting our Terms and Conditions.

If you have any questions regarding our Terms and Conditions, please contact our Customer Service team by email at info@shapingnewtomorrow.com or by phone +1 888 617 5622.

Please note that our Terms and Conditions may change over time. You will not be notified of any such changes directly. For this reason, we recommend that you read the Terms and Conditions before each purchase.

 

1. ORDERING

1.1. Account Setup

You have the option to create an account. The account can be created on the Website through the profile button, visible on all pages. The personal information provided during the account creation process is collected, stored and processed by Shaping New Tomorrow in accordance with our Privacy Policy.

If you decide to close your account, please contact our Customer Service in writing at any time at info@shapingnewtomorrow.com.

Please note that you are responsible for the security of your Shaping New Tomorrow account and associated password. Shaping New Tomorrow will not be liable for any damages and expenses arising out of or relating to the unauthorized use of your password.


1.2 Orders Limited to Available Products

Placing an order is done through the Website, and items can only be purchased if available. We offer no pre-orders. 

We reserve the right to cancel an order if the item is out of stock or unavailable for any other reason. Should this be the case, we will make you aware of the situation.

Orders placed on public holidays or weekends will be handled on the following business day. During periods of high order volume, such as Cyber Monday, Black Friday,  and Christmas, delays may occur.

By placing your order, you agree to be bound by our Terms and Conditions. Once your order has been placed, you will receive an email confirmation that also includes the Terms and Conditions. If you make a mistake while placing an order, please contact us immediately for assistance.


1.3 Completing Your Order

Before finishing your order, you will have the option of changing the information you provided. This includes contact, delivery, billing and payment information, as well as removing/adding items to the order and changes to quantities of items being purchased.

Once you have reviewed your order and have made any necessary changes to the order information, click on the "Complete order" button. After clicking on "Complete order" you will be directed to the payment gateway of your chosen payment provider. Once the payment has been completed in the payment gateway, your order has been successfully placed, then the order confirmation page and receipt for your order will appear. You will also receive an email confirming your order.  Upon being sent to the confirmation page the order has been completed, and you are bound by the contract of purchase. 

After the sale has been completed, if you find that you have made a mistake while placing your order, please contact our Customer Service team as soon as possible. After the sale has been completed and you have been sent to the confirmation page, the provisions on withdrawal apply. Please see the section "Returns and exchanges".


1.4 Opting Out of Newsletter

During the checkout process, you will be asked whether you want to receive our newsletter. By marking the box, you are indicating that you do not wish to receive the Newsletter. If the box is left unmarked, the system default assumes you wish to receive our newsletter.  If you do not wish to receive our newsletter, you must mark the box. Please see Marketing Consent, for further information.

More information regarding the information collected when placing an order may be found in our Privacy Policy.

 

2. CANCELLATION OF ORDER

In the event of circumstances, outside the control of Shaping New Tomorrow which materially change the economic aspects or the substance of your order or seriously interfere with or inhibit Shaping New Tomorrow or any of its partners or suppliers' ability to fulfill your order, from performing any of the obligations under the order or that renders impossible or impracticable  the complete performance under the order, Shaping New Tomorrow shall have the right to cancel the order completely or partially.

In the event that Shaping New Tomorrow is unable to fulfill the order as noted above, and cancels all or part of the order, you will not be entitled to any incidental or consequential damages as a result of any such complete or partial cancellation. You shall be entitled to the return of any payment made by you to Shaping New Tomorrow for the items not delivered and associated shipping cost, if any, due to such a cancellation.

We reserve the right to cancel an order in one of the following situations, without being liable for compensation or other costs:

  • Incorrect or unverifiable payment details provided by you;
  • Order placed with the purpose of committing fraud or in connection with any criminal offense or unlawful activity;
  • Inadvertent errors occurring on the Website, e.g., payment error or the like; and/or
  • We have reason to believe that you are not legally capable of legally entering into contracts.
  • In order to purchase items on the Website, you must be at least 18 years old.

 

3. PAYMENT

All payments are due at the time the order is placed. However, your selected payment method will not be charged until your order leaves our facilities. 

 3.1 Method of Payment

The following Payment Methods are accepted for payments made through our Website:

  • American Express
  • Visa
  • Master Card
  • Discover
  • PayPal
  • Klarna
  • Google Pay
  • Apple Pay

 
3.2 Unable to Process Payment

In the event that your selected payment method is declined, your purchase will not be processed and an order will not be placed.


3.3 Payment Information Security

Shaping New Tomorrow strives to ensure your payment information is and remains safe and secure. Shaping New Tomorrow's Website uses an authorized payment server that encrypts your card information using SSL (Secure Socket Layer) protocol. 


3.4 Currency and Applicable Taxes

When browsing our Website, all prices are displayed in U.S. Dollars (USD), excluding sales tax. All applicable taxes will be applied to the purchase price subtotal during checkout, before payment is completed. To the extent permitted by law, Shaping New Tomorrow will not be liable for any subsequently incurred taxes, including but not limited to Duties or Use Taxes. Any subsequently imposed duties or excise taxes will be the sole responsibility of the customer, except as otherwise required by federal and state law.


3.5 Using Gift Cards

If you are in possession of one of our gift cards, this can also be utilized as a means of payment for purchases on/through the Website. See "Discount codes and gift cards" for further information regarding the use of gift cards.

3.6 Klarna Detailed Information

Our partnership with Klarna ensures secure payments, offering flexible options: Pay in 30 days, Pay in 4, and Credit card payment. 

In order to offer Klarna’s payment methods, we may need to transfer your personal information in the form of contact and order details to Klarna. This is done so that Klarna can assess your eligibility for their payment methods and customize them to suit your needs. Your transferred personal data will be processed in accordance with Klarna's own Privacy Policy. You can find all necessary details in Klarna’s Privacy Policy and Terms & Conditions.

 

4. DISCOUNT CODES AND GIFT CARDS

4.1 Limits on Use

Unless otherwise specified, discount codes available for use on our Website cannot be stacked or combined with other discount codes or offers. Additionally, please note that the use of discount codes is unavailable when purchasing gift cards from us through our Website. However, discount codes can be used in conjunction with a gift card when placing an order for items on/through our website. Gift cards purchased through/on the Website can only be used/redeemed for value with orders placed through/on the Website. 


4.2 Purchase and Use

Once you complete the purchase of a gift card, you will receive an email at the email address you provided with the order with the gift card information and details.

To use a gift card purchased from the Website, you must enter the code in the designated field during checkout. All gift cards purchased through the Website are valid for five (5) years, starting from the date of purchase, or until the full value of the gift card has been redeemed/exhausted, whichever comes first. No additional fees will be imposed when using a gift card. Any refunds for items purchased using a gift card will be posted to the same gift card. 

 

5. SHIPPING AND DELIVERY

5.1 Shipping

At all times, Shaping New Tomorrow strives to avoid unnecessary delays in shipping and works to ensure timely delivery of all orders that have been placed through the Website, however, due to certain logistic considerations beyond Shaping New Tomorrow control, this is not always possible. When placing an order through the Website please keep in mind that:

  1. An order placed on a public holiday or during the weekend will be handled on the following business day.
  2. In the event of force majeure, your delivery may be postponed. The postponement may last until the force majeure event stops impacting our business operations. Normal shipping operations will resume as soon as we are able to do so.
  3. In the event that your order includes several items, we reserve the right to carry out separate shipments. There will be no additional charges imposed for such deliveries.
  4. We reserve the right to cancel an order if the item is out of stock or unavailable for any other reason. Should this be the case, we will make you aware of the situation.

 
5.2 Necessary Delay

Shaping New Tomorrow reserves the right, for any reason, to postpone the shipment of your order for up to 14 calendar days. If any such postponement(s) are deemed necessary for your order, Shaping New Tomorrow will notify you of the postponement(s). Any such postponement(s), under this reservation, shall not be considered a breach of the terms of your order or entitle you to any remedy of any sort other than the cancellation of the order. 


5.3 Delivery

The product you order will be delivered to the delivery address you specified during checkout. However, please note that we do not deliver to P.O. boxes and to the following states: Hawaii, Alaska, Puerto Rico, Utah, Vermont, Rhode Island, Maine, Louisiana and Kentucky. The delivery time vary and will depend on the carrier used and delivery destination. Specific delivery options and information is provided during checkout when ordering or can be found by visiting the delivery information page on our Website. 

Please note that when you place an order and choose your desired delivery method, you accept that the order is handled and delivered by the chosen carrier according to their means of operation. Once the carrier deems the parcel delivered or picked up, we deem the delivery successful.

In the event of damage and/or lost items, you are responsible for filing a claim. Please contact Customer Service immediately for us to help you resolve the issue.

 

6. FORCE MAJEURE AND CASUALTY

6.1 Limit on Liability for Delay Outside Shaping New Tomorrow's Control

Shaping New Tomorrow shall not be liable for any failure or delay in performing its obligations hereunder where such failure or delay results from any cause that is beyond the reasonable control of Shaping New Tomorrow. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, pandemic or any other event that is beyond the control of Shaping New Tomorrow (each a "Force Majeure").  


6.2 Right to Adjust Delivery Dates

In the event of a Force Majeure, Shaping New Tomorrow reserves the right to, at its discretion and without prior notice to you as a customer, adjust the delivery dates under the order as necessary, make partial deliveries, or cancel all or a portion of any order with you. Such actions will not be deemed a breach of the terms of your order or grant you any remedies. We will act in a manner that is reasonable given the circumstances.

 

7. GUARANTEE

When you complete a purchase through our Website, you have the right to submit a complaint within thirty (30) days of discovering a fault/defect in the product, but under no circumstance more than one hundred eighty (180) days after placing your order. You must submit your complaint within the time frame described, in order for your complaint to be considered filed in a timely manner.

To initiate a complaint, you must submit your complaint through our claim portal. The portal can be accessed at the following link: http://app.claimlane.com/c/snt-us 
We will answer your complaint within three (3) business days.

After evaluating the nature of the complaint, if your complaint is justified, Shaping New Tomorrow will repair the item, exchange/replace the item, return the faulty item for a full refund of the purchase price, or provide you with a pro-rated refund/price reduction, in its sole discretion. 

In case a return is required when processing your claim, we will provide you with a free return shipping label. If you have already shipped the item to our facilities at your own cost, we will refund your (reasonable) shipping costs for the return shipment. Faulty items must always be returned to us in packaging that ensures no further damage to the item. A copy of the receipt provided to you by the return carrier for your shipment will need to be submitted in order to refund your reasonable shipping costs. We do not accept packages sent by Cash on Delivery. 

If you are unable to provide verifying documentation of the cost of shipping, Shaping New Tomorrow will be unable to provide you with a refund for those costs.

All packages sent to our facilities that do not have a return case number, or ID number provided by Customer Service, will be rejected upon arrival at our facilities. Should you have questions regarding this, please contact Customer Service so we can help ensure your return is successful.

 

8. RETURNS AND EXCHANGES

You may return items in accordance to Shaping New Tomorrow's Return Policy. Visit our return page to find return instructions for your country of residence.


8.1 New Item Returns

All purchases made on the Website come with an extended right of return. You have one hundred (100) days to return a product from the date of purchase. The right of return only applies to unused items in their original condition. To make use of your 100-day of return policy, visit our return portal and initiate a free return using the following link: https://shapingnewtomorrow.com/pages/returns.

Alternatively, you can initiate a return by sending an email to info@shapingnewtomorrow.com, Stating that you wish to exercise your right of return and including a description of the particular item(s) you wish to return, why they are being returned, and the order number which the Item(s) were purchased under.


8.2 No Direct Exchanges

We do not offer direct exchanges. If you have ordered the wrong size by mistake and require a different size, you will need to initiate a return as described above and place a new order separately for the correct size/ or item you desire. 


8.3 Packaging Your Returns

When you return the item(s), please try to fold the item into the same shape as when you received it, and ensure they are properly and securely packaged to prevent further damage during return shipping. We recommend that you send the item back in its original packaging. Please note that most packaging we use is resealable for this particular purpose. This also applies to the shipping box or bag. Please note that Shaping New Tomorrow reserves the right to deduct an amount from your return corresponding to the condition of the item if the above is not observed.


8.4 All Returns Must Conform to the Requirements of the Return Policy.

All Items must be returned in accordance with Shaping New Tomorrow's Return Policy.  Any items that have been returned or are received that do not conform to our return policy will not be accepted. All unaccepted returns will be returned to the sender, at the sender's expense. Sender is responsible for any costs incurred by Shaping New Tomorrow in shipping back an unaccepted return.


8.5 Return Processing Times

Returns are typically processed within five (5) business days after receiving your return at our facility. Once the refund due has been calculated and applied to the order, please allow one (1) to three (3) business for the return to post to your account.

 

9. CONDITION OF THE ITEM(s)

9.1 Full Refunds

In order for you to receive the full purchase amount in the event of a return, you may try on the item, but you must not put it into use. It cannot show any evidence of wear and all physical tags must be attached to the item in order for it to be considered new and unused. For health and hygiene reasons, hygiene-sensitive items such as boxer shorts and socks can only be returned new in their original unopened packaging.


9.2 Diminution in Value and Damaged During Return

Once you have received your item(s) from us, you are responsible for any diminished value or damage to the item(s) as a result of your handling of the item(s) beyond what is minimally necessary to establish the nature, characteristics, and function of the item(s). Returns for items that are not "new"/"unused" as noted above and described more particularly in Shaping New Tomorrow's Return Policy, may be subject to deduction of the return value based on the condition of the returned item(s) received for processing at our facility. Additionally, any item returned with the tags removed or tested beyond what is reasonable and minimally necessary to establish the nature, characteristics and function of the item(s), will be considered used, which means that - in the case of cancellation - only part of or none of the purchase amount will be reimbursed, depending on the commercial value of the item.

 

10. REIMBURSEMENT

10.1 Manner of Reimbursement

If you cancel or return your order in accordance with the above-mentioned policies, you will receive a full or partial refund of the purchase price, excluding shipping costs. Refunds are not processed until the return item has been received and its condition has been evaluated at our facility.  Once issued, the refund will be credited to the same payment method that was used for the purchase unless otherwise agreed to.

 

11. DISCLAIMER OF WARRANTIES

SHAPING NEW TOMORROW MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, OF ITEMS SOLD HEREUNDER OR OF THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF SUCH GOODS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SHAPING NEW TOMORROW SHALL HAVE NO LIABILITY FOR DEFECTS IN MATERIAL OR WORKMANSHIP.

Shaping New Tomorrow shall not be liable for normal manufacturing or finishing defects or for customary variations from quantities or specifications. The physical or chemical characteristics or qualities are not guaranteed unless and except to the extent specifically provided herein. All Shaping New Tomorrow items are sold subject to the imperfections of natural and other if any, fibers.

 

12. LIMITATIONS OF SHAPING NEW TOMORROW DAMAGES LIABILITY

IN NO EVENT SHALL SHAPING NEW TOMORROW BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SHAPING NEW TOMORROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL SHAPING NEW TOMORROW'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY PURCHASE MADE HEREUNDER, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SHAPING NEW TOMORROW FOR THE GOODS SOLD HEREUNDER.  IN NO EVENT SHALL SHAPING NEW TOMORROW BE LIABLE FOR ANY DAMAGES DUE TO A CUSTOMER'S, INABILITY TO OBTAIN SUBSTITUTE GOODS IN THE OPEN MARKET.

 

13. COPYRIGHT & TRADEMARKS

The Website contains various materials, including design, text, graphics, logos, video and audio clips, images, button icons, software compilations, source coding and software. All of these materials belong to SHAPING NEW TOMORROW USA INC. and its affiliates, or our suppliers. They are protected by domestic and international copyright laws.

You are allowed to make copies of the Website's contents for your personal use only. Any other use, reproduction, modification, distribution, transmission, republication, display, or performance of the information and materials on the Website, is strictly prohibited without the explicit written consent of SHAPING NEW TOMORROW, its affiliates, or suppliers. 

The trademarks, trade names, logos, and titles that appear on the Website are the property of Shaping New Tomorrow and its affiliates or our suppliers. Except for limited personal use, reproducing these trademarks or trade names without permission infringes on the owner's rights and is strictly prohibited.

If you would like to feature Shaping New Tomorrow's items in your marketing or advertising, you must obtain prior written approval from Shaping New Tomorrow. 

Any completed sale pursuant to an order does not grant you any right to use SHAPING NEW TOMORROW's and its affiliates' trademarks, trade names, trade dress, copyrights, images, or any other intellectual property. From time to time after placing an order on the Website and receiving shipments from Shaping New Tomorrow, you may be provided with visuals, promotional materials, signage, and logos.  Being provided with such materials does not grant you, the customer, any intellectual property rights in those materials, and you agree not to use any intellectual property belonging to SHAPING NEW TOMORROW and its affiliates, either directly or indirectly, unless you have specific written authorization from Shaping New Tomorrow. 

 

14. CHOICE OF LAW 

By completing your order with Shaping new tomorrow, you agree that the interpretation and enforcement of the Terms and Conditions and any claim arising thereunder shall be governed by the internal laws of the State of Delaware, excluding its conflicts of laws rule.

 

15. ARBITRATION AGREEMENT AND JURISDICTION

By completing your order with Shaping New Tomorrow, you agree that any and all disputes you may have with, or claims you may have against Shaping New Tomorrow, its affiliates or suppliers, relating to, arising out of, or connected in any way with (a) the Website, (b) these Terms & Conditions, (c) the completion, acceptance, and performance of the order, or (d) the determination of the scope or applicability of the agreement to arbitrate in this section (a "Claim"),shall be resolved to the fullest extent  permitted by law exclusively by final, binding, and confidential arbitration. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The place of arbitration shall be Chicago, Illinois, USA unless otherwise agreed in writing between you and Shaping New Tomorrow. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and any awards or orders in such arbitration may be entered and enforced as judgments in any court of competent jurisdiction. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. The arbitration shall be kept confidential and the existence of the proceeding and any element of it shall not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.

Claims may not be arbitrated on a class or representative basis. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator can decide only your and/or Shaping New Tomorrow's individual Claims. 

THIS ARTICLE LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOUR, AS A CUSTOMER AND CONTRACTUAL PARTY, OR SHAPING NEW TOMORROW WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section will continue in full force and effect. This section of these Terms & Conditions will survive the termination of the sales contract and your relationship with Shaping New Tomorrow.

 

16. ENTIRE CONTRACT

By placing an order on the Website, you agree that your order confirmation along with these Terms and Conditions as well as Shaping New Tomorrow's Return Policy and Privacy Policy, constitute the complete sales contract between you and Shaping New Tomorrow with respect to any purchase made on the Website; and supersedes any prior contract, understandings, agreements, and representations relating this order.

 

17. NO WAIVER

No waiver by Shaping New Tomorrow of any default by you, as a purchaser, shall be deemed a waiver of any subsequent default. Any replacement (as hereinabove provided) or adjustment of delivery shall cure any defects with respect to that delivery and any default so cured shall be deemed not to have occurred. No modification of these Terms & Conditions or the terms of your order shall become effective unless in writing signed by an authorized representative of Shaping New Tomorrow.

 

18. PRIVACY AND COOKIE POLICY

Your privacy is important to us. Shaping New Tomorrow continually strives to ensure that the collection of its customer's personal data and information is done securely and responsibly. By using the Website, you understand and agree that Shaping New Tomorrow can process and collect personal information from you in accordance with our privacy policy, and any applicable federal or state law regulating or restricting the collection of online personal information. Our Privacy Policy can be accessed at this link (https://shapingnewtomorrow.com/pages/privacy-and-cookie-policy).

 

Version: May 2023.