Store Terms

Welcome to The Shack Store! Before you get started, we ask that you please take the time to carefully read these terms and conditions (“Store Terms”) governing the Shack Store (the “Store”). By using or accessing Store, you confirm your agreement to be bound by these Store Terms, our Terms of Use (“Terms of Use”) and our Privacy Policy, which are incorporated herein by reference. If you do not agree to these Store Terms, please do not use or access the Store. Capitalized terms used by not defined herein will have the meanings ascribed to such terms in the Terms of Use or Privacy Policy, as the case may be.

Purchases and Product Information

Because we will use information you provide during the order and checkout processes for shipping, fulfillment, support, and to otherwise facilitate the Store, it is important that you provide true, accurate, current, and complete information about yourself as prompted by the checkout form, and you are responsible for the accuracy of such information (this includes your contact information, so that we can reliably contact you). By purchasing products or services made available through the Store, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Store Terms, including the Terms of Use and the Privacy Policy, and place an order on your behalf.

Purchases on Store.  WE WILL MAKE PRODUCTS AND SERVICES AVAILABLE AND WE WILL ASSIST WITH FACILITATING TRANSACTIONS ON THE STORE, BUT YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT MANUFACTURE OR PRODUCE THE PRODUCTS OR SERVICES MADE AVAILABLE ON THE STORE, NOR ARE WE AN AGENT OR OTHER REPRESENTATIVE FOR ANY OF THE FOREGOING. AS A RESULT, WE HAVE LIMITED OVERSIGHT AND RESPONSIBILITY FOR THE PRODUCTS OR SERVICES ON THE STORE, INCLUDING BUT NOT LIMITED TO THE EXISTENCE, QUALITY, ACCURACY, SAFETY, OR LEGALITY OF PRODUCTS AND SERVICES, OR THE ACCURACY OF ANY PRODUCT OR SERVICE LISTINGS, AS MORE FULLY SET FORTH IN THESE STORE TERMS AND THE TERMS OF USE.

Shipping Policy. To read our Shipping Policy, please click here.

Returns and Refunds Policy. To read our Returns and Refunds Policy, please click here.

Charges on Your Account. You are responsible for all charges incurred under your account, whether made by you or another person using your account. You are also responsible for paying any governmental taxes imposed in connection with your use of the Store or the purchase or any products or services made available through the Store, including but not limited to sales, use, and excise taxes. To the extent that we are obligated to collect such taxes, the applicable tax will be added to your billing account. If you want to use a different debit or credit card or other payment method, or there is a change in payment method validity or expiration date, or if you believe someone has accessed the Store without your authorization, you must contact us at shackstore@shakeshack.com.

Third-Party Payment Processor. We use third party payment processors to process credit card transactions made through the Store. If you purchase products from, or make any payments via, the Store with your credit card, the credit card information you submit will be protected by encryption, such as with the Secure Socket Layer (“SSL”) protocol, and otherwise handled consistent with industry standard. Encryption decreases the likelihood that your credit card information will be stolen or intercepted during transmission to us. All payments are governed by Shopify Payments’ terms, privacy policy, and other applicable terms.

Correcting Mistakes in Payments. We reserve the right to fix any processing errors we discover without any penalty or liability. To the extent within our control, we will correct any processing errors by debiting or crediting the payment method used for the erroneous refund or reimbursement.

Transaction Information. By making a purchase, you understand and agree that we may share information about you and your transaction with other companies for the purpose of processing your transaction, including but not limited to fraud prevention, vendor direct shipping and credit card authorization.

Prices and Availability. Prices and availability of products on the Store are subject to change without notice. We try to display the products and services on the Store as accurately as possible, but we cannot guarantee that the display of any products or services will be accurate based on variations in monitors and other factors. The Store may contain errors and omissions, including with respect to product descriptions, pricing and availability. We reserve the right, at our sole discretion, to (a) correct any errors or omissions (including after an order has been submitted); (b) change or update information at any time without prior notice; and (c) refuse or cancel any order for any reason.

Product Recall Policy. To read our Product Recall Policy, please click here.

California Proposition 65. To learn more about California Proposition 65, please click here.

Disclaimers of Warranties

LIKE OUR OTHER PRODUCTS, THE STORE IS PROVIDED FOR ENTERTAINMENT, EDUCATIONAL, AND PROMOTIONAL PURPOSES ONLY. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE STORE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING BUT NOT LIMITED TO PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, SAFETY, COMPLIANCE WITH LAWS, QUALITY, THOROUGHNESS OR COMPLETENESS OF ANY OF THE STORE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STORE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING THE STORE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STORE. WHILE WE USE REASONABLE EFFORTS TO CONFIRM AVAILABILITY, PRICE, AND QUALITY OF PRODUCTS AND SERVICES SOLD THROUGH THE STORE, UNFORESEEN CIRCUMSTANCES MAY WARRANT MODIFICATIONS AT ANY TIME, AND PRODUCTS MAY VARY SLIGHTLY IN COLOR AND SIZE.

Limited Liability

IN NO EVENT SHALL WE OR ANY OF OUR SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, OTHER OF OUR REPRESENTATIVES, OR CONTENT OR SERVICE PROVIDERS (THE “LIMITED PARTIES”), BE LIABLE TO YOU OR ANYONE ELSE FOR INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE STORE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STORE, INCLUDING BUT NOT LIMITED TO THE CORRECTNESS, TIMELINESS, PRECISION, SAFETY, COMPLIANCE WITH LAWS, QUALITY, THOROUGHNESS OR COMPLETENESS, WHETHER IN AN ACTION FOR PRODUCT LIABILITY OR DEFECTS (INCLUDING BUT NOT LIMITED TO LATENT DEFECTS), BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OUR LIABILITY, AND THAT OF OUR SUBSIDIARIES, AFFILIATES OR OTHER LIMITED PARTIES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, OTHER OF OUR REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

YOU AGREE TO RELEASE THE LIMITED PARTIES FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTES BETWEEN YOU AND ANY THIRD PARTIES OR IN ANY WAY RELATED TO PRODUCTS, SERVICES, OR EVENTS INVOLVING THIRD PARTIES.

If you are a California resident, you waive California Civil Code §1542, which states that “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” For avoidance of doubt, any disputes directly with us shall be handled in accordance with these Terms.

FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT, OR GROSS NEGLIGENCE OF THE COMPANY.

Indemnity

In addition to the indemnity in the Terms of Use, you agree to indemnify, defend, and hold us and the Limited Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any manner in whole or in part out of your use of Store, including but not limited to your purchase, gifting, or use of any products or services provided in connection with Store.

Contact Us

If you have any questions or comments regarding these Store Terms, you can contact us at shackstore@shakeshack.com.