Service Agreement

Dear Shape Lovers Customer:

Thank you for selecting the Shape Lovers line of delicious and healthy food products. Welcome to www.shapelovers.com/serviceagreement (the “Site”). This page (“Notice”) states the terms and conditions of the Site. Please review this Notice carefully. By Accessing, browsing, or using the Site (“Use”), all users and viewers (“You,” “you,” “User,”, or “user”) acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. Shape Lovers, LLC reserve the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically for updates and changes.

SHAPE LOVERS SERVICE AGREEMENT

New and Current Accounts: We guarantee delivery to new accounts that have placed their order 48 hrs in advance and by 1 pm with a Shape Lovers Customer Service Agent. ALL CUSTOMERS will be required to pre-pay for service with credit card, check or money order (cash is not accepted) prior to commencement of food deliveries. All accounts not cancelled 48 hrs in advance will be subject to the weekly charge if paying with Credit Card or if payment is not made by Check or Money Order your account is subject to cancellation. All phone conversations may be recorded for quality assurance and training.

Billing:

Credit Card Authorization: Customer accounts that are set up for Credit Card charge will be billed every Wednesday prior to the week of service. Since your account is a recurring service if you do not cancel 48 hrs in advance, your account will be charged. Check or Money Order: If your account is set up to pay with Check or Money Order, you need to ensure that payment is received in our office by the Thursday prior to the week of service. To guarantee that your payment is in our office in a timely manner and that your account is current we recommend you mail in your payment with a sufficient amount of time for us to receive your payment. If you prefer to send it with the driver, you may do so however our drivers are not responsible to pick up checks and turn them in to the office. Our drivers pick up checks as a courtesy. Accounts with open balances at the end of the day will be subject to cancellation.

Refunds:

Shape Lovers does not issue reimbursements. Once our billing system charges your account by credit card or check the credit will be applied to your Shape Lovers account to be used towards future orders.

Holidays:

Shape Lovers will be closed on the following Holidays: Memorial Day, 4th of July, Labor Day, Black Friday, Christmas Day and New Years Day. We will also be closing early on: Good Friday, Thanksgiving Day, Christmas Eve and New Years Eve. Please be advised that there may be other days that Shape Lovers may need to close and those days will be added as needed. Changes to this schedule will be posted on our website and social media.

Account Holders:

Individual Account: Accounts may include more than one customer ONLY if they reside within the same household, one individual will be designated as the “PRINCIPAL ACCOUNT HOLDER”. He or she will be SOLELY responsible for all account balances. Corporate Accounts: Corporate customers must have their own individual account. This is to simplify the billing process for the customer and errors that can be made from having multiple people on an account.

Cancellations:

To have your account cancelled temporarily or permanently and to qualify for a credit, if this is the case, cancellations must be made 48 hrs in advance and before 1 PM. Cancellations made via email, fax, voice mail or website will NOT be accepted.

Changes:

Changes to an account must be made via phone 48 hrs in advance and before 1 PM and confirmed by a Customer Service Agent. These changes may involve quantity of meals, address corrections or other modifications. Changes made via email, fax or voice mail will NOT be accepted.

Delivery/ Delivery Options: We provide delivery service to your home or place of employment. If you will not be personally accepting the delivery, your meal will be left at your door or with the front desk. Please provide any special instructions to make it a successful delivery. If no one is going to be available at the time of delivery, please leave your cooler outside in order for us to leave your meal. Shape Lovers is not responsible for lost or stolen meals. Delivery is between 7:00am-2:00pm and we do not guarantee a specific time of delivery. Shape Lovers, however makes every effort possible to accommodate times in extreme situations but it is subject to change. In cases of Natural Disasters (Flooding, tropical storm/hurricane, etc) delivery will be adjusted for the safety of our drivers and staff. Notifications will be posted on our website, emailed to customers, texted to cell phones of customers, and posted on Facebook, Twitter, and Instagram. Shape Lovers can not be held responsible for changes with less than 24 hours notice due to the nature of our products being delivered fresh. All preventative measures will be considered to try to avoid change in delivery schedules. Clients that have questions about potential changes in delivery are to call the office or check one of the above mentioned medias for updates.

Menu:

Presently, Shape Lover’s offers a Fresh Meal Plan based on well balanced nutritional guidelines allowing our customers to accommodate it into their daily lives, either for weight loss, healthier eating or convenience. The side dish, soup, or dessert may substitute one for another. We now offer weekly main dish substitution options. If a substitution of any of our dishes is chosen changes must be made 48hrs in advance and before 1 PM. We also offer a Catering and Bistro menu (wraps, sandwiches and salads).

Health Condition:

We understand the diverse dietary requirements that our customers might have and we try to accommodate their needs. It is the customer’s responsibility to communicate special requirements 48hrs in advance and before 2PM prior to service.

Limitation of Liability:

In no event shall Shape Lovers, LLC, and its managers, members, officers, employees, salespersons, or agents (collectively “Shape Lovers”), be liable for any indirect, consequential, special, contingent, exemplary or punitive damages incurred by you whether or not such damages are based in contract, tort (including negligence), strict liability or otherwise. The foregoing limitation of liability will not apply to the extent Shape Lovers’ is grossly negligent or to the extent of Shape Lovers’ willful misconduct. Shape Lovers’ total liability for any claims of any nature with respect to the services and products provided by Shape Lovers will not exceed the aggregate fees paid by you with respect to the services and products of which such claim is made.

If you have any questions or concerns regarding this matter, please do not hesitate to contact us directly at (305) 264-4423, it will be a pleasure to assist you.

-Shape Lovers


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