Trace Kickstarter Campaign Terms of Service


Terms and Conditions - Kickstarter - Issued 2023-06-22


BY CONFIRMING YOUR PLEDGE TO CONTRIBUTE TO THE SHAPER TRACE KICKSTARTER CAMPAIGN DESCRIBED HERE (the “Campaign”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.


Scope

1. These Terms and Conditions (“T&C” or this “Agreement”) apply to you, the Kickstarter fund pledger (“you,” the “Backer”) and your campaign contribution (the “Pledge”) made during the Campaign hosted by Shaper Tools Inc. (“Shaper Inc.”) in collaboration with Shaper Tools GmbH (“Shaper GmbH”), jointly referred to as “Shaper.” The T&C do not apply, by contrast, to the purchase of any Shaper product or service through any other channel. These T&C do, however, incorporate by reference the general Shaper Inc. Purchase Terms and Conditions (and, in particular, the terms that apply to Shaper’s “physical products”) and Kickstarter’s Terms of Use. If these T&C conflict with other applicable Terms, these T&C shall control.

The Pledge

2. All Pledges made with respect to the Campaign shall be subject to acceptance by Shaper Inc., and Shaper Inc. reserves the right to accept or reject any attempted Pledge in its sole discretion, for any reason or no reason.

3. Pledges will be considered accepted if and only if (a) the Backer completes the PledgeManager survey, (b) the Backer’s shipping destination matches the geographical regions eligible for participation in the Campaign (laid down under item 13 of these T&C), and (c) Shaper sends Rewards to the Backer after the end of the Campaign.
4. Shaper Inc. reserves the right to cancel a Pledge, whether pending or accepted, in the event that the Backer has provided any inaccurate information that is deemed by Shaper Inc. to be material to Shaper Inc.’s decision to accept the Pledge. 

5. All Pledges made with respect to the Campaign shall be considered final upon conclusion of the Campaign and, consistent with Kickstarter’s Terms. Accordingly, Shaper Inc. shall not be bound by any modification to a Pledge proposed or made after the Campaign ends.


Rewards

6. All Rewards associated with the campaign can be found via the Campaign site. 

7. By making a Pledge and accepting the Reward, you agree that you will use the Reward only as it is intended, according to any manuals or other materials included with the Reward or, absent any such materials, according to a reasonable-person standard.


Payments, fulfillment and invoicing 

8. The total amount of the Pledge is the amount the Backer submits through both Kickstarter (the “Pledge Amount”) plus any separate charges for applicable taxes and other purchases submitted via the mandatory PledgeManager survey (the “Additional Amount”). 

9. Consistent with the Kickstarter Terms, the Backer will be required to pay the Pledge Amount upon making the Pledge and, in any event, no later than upon completion of the Campaign. ; pledged amounts will be collected by Kickstarter PBC using the payment service provider Stripe. Payment will be net of taxes. 

10. After the Campaign has ended, you will receive a link to a survey from PledgeManager. You will be required to enter your shipping address via that survey, and submission will trigger a separate charge for applicable sales tax, VAT, or GST and any extra purchases they might make during the checkout process. This charge will be made to a payment method of your choice, indicated on the survey and using the payment service provider Stripe. If any Backer does not complete the PledgeManager survey within 14 days upon receipt, the Pledge will be considered canceled and the pledged amount will be reimbursed.

11. The Backer will receive a detailed invoice for the whole pledge amount from Shaper Inc. at the conclusion of the Campaign and, in any event, no later than the date that Shaper Inc. begins shipping Rewards. 

12. All payments are handled by Kickstarter and PledgeManager directly. Shaper will not handle any payment details directly and will not store or process any specific payment information, such as bank details and credit card credentials.

13. Shaper will ship only to countries Shaper is operating in. The full list of eligible countries is below and on the Shaper web site. 

Orders from the following countries will be fulfilled by Shaper Tools Inc.:

  • United States of America

  • Canada

Orders from the following countries will be fulfilled by Shaper Tools GmbH:

  • Germany

  • Austria

  • Switzerland

  • Belgium

  • Bulgaria

  • Denmark (excluding Faroe Islands)

  • Estonia

  • Finland

  • France (excluding oversea territories)

  • Greece

  • Croatia

  • Ireland

  • Italy

  • Latvia

  • Lithuania

  • Luxemburg

  • Malta

  • Netherlands (excluding oversea territories)

  • Norway

  • Poland

  • Portugal

  • Romania

  • Slovakia

  • Slovenia

  • Spain (excluding canary islands)

  • Sweden

  • Czech republic

  • Hungary

  • United Kingdom (excluding canal islands)

  • Cyprus

14. If you are a business customer and therefore exempt from paying VAT / GST, please contact us via hello@shapertools.com upon making your Pledge to exchange invoicing information directly. Shaper is committed to working with corporate customers to ensure accurate tax accounting, but Shaper will not be responsible for (1) additional taxes paid due to a Backer’s failure to give notice of its exemption before payment is made or (2) the cancellation of a Pledge due to the Pledge’s expiration consistent with item 10 of these T&C. 

15. The Backer agrees that any estimated delivery date listed on the Campaign site or in any other materials is not a promise by Shaper to fulfill any Pledge or order by that date, but rather an estimated date by which Shaper aims to fulfill the delivery in the event that the Rewards are ready and the Backer provides its shipment data using the PledgeManager survey in a timely manner. The Backer agrees to provide any additional information required for fulfillment upon request of Shaper.


Return policy

16. Although Kickstarter does not require that Shaper (or anyone running a Campaign) offer refunds, Shaper is committed to offering refunds to Backers upon timely return of a Reward.

17. To be eligible for a refund under these T&C, (1) the Backer must  ship the complete Reward back to Shaper at the Backer’s expense, (2) the Reward must be in its original condition, (3) the return shipment must be postmarked within 14 days of the original invoice date, and (4) the Backer must comply with all other return requirements in Shaper’s general Purchase Terms and Conditions. 

18. By refunding a Pledge or replacing rewards, Shaper does not waive any claims that Rewards have been subject to abnormal use, or any other claims to which it might be entitled under these T&C or other applicable Terms.


Representations and Warranties

19. The Backer represents and warrants to Shaper that: 

(a) the Backer is of legal age in their country of residency or has parental consent and has the right, power and ability to consent to the terms of this Agreement, 

(b) the Backer’s name stated on the Pledge and in the PledgeManager survey is their legal name or business name, 

(c) all information provided to Shaper by the Backer is truthful, complete and accurate, 

(d) the Backer is an authorized signatory of the payment method used for the payment of the pledge and the PledgeManager charge,

(e) the Backer will fulfill all of its obligations related to these T&C and put good faith efforts to first resolve any dispute or complaint directly with Shaper before submitting the dispute or complaint to Arbitration or other legal proceedings and 

(f) the Backer’s Pledge and Reward usage comply with all applicable legal regulations for the Backer.

Additional Information for European backers

20. As your pledge is being made towards Shaper Tools Inc. and fulfillment will be made via Shaper Tools GmbH in Germany, European backers accept the following conditions, ensuring that fulfillment of the Pledge is possible and that all charges are transferable to the corresponding party:

  1. European Backers allow Shaper Tools Inc. to place an order on their behalf with Shaper Tools GmbH, after Backers complete the PledgeManager survey. The gross amount of the order corresponds to the total amount debited from the Backer.

  2. Shaper Tools GmbH will fulfill the order associated with the pledge and submit a VAT invoice to the Backer.

  3. The Backer allows Shaper Tools GmbH to transfer the claim against the Backer to Shaper Tools Inc.

  4. The Backer allows Shaper Tools Inc. to offset any claims of the Backer against Shaper Tools Inc. with respective claims of Shaper Tools Inc. against the Backer.

21. There will not be any extra charges for Rewards fulfilled by Shaper Tools GmbH other than the Kickstarter and the PledgeManager charge. The invoice received will match the amounts charged to the Backer’s payment method.

Fulfillment and warranties

22. Collected funds will be forwarded to Shaper Inc. approximately 15 days after the initial processing. As a result, invoicing and fulfillment will take place after the campaign has concluded and funds have been received.