Terms and Conditions

Terms of service
Updated August 1, 2024

OVERVIEW

Thanks so much for visiting getfoamingluxury.com (the “Site”), operated by Foaming Luxury (“we”, “us” and “our”). These Terms are a legal agreement between us and you as the user. Please read all the terms before accessing and using our Site. By accessing and using our Site, you are bound by these terms even if you do not read all the terms. These terms apply to our Site, any online shopping cart features, and any updates or new features that we may introduce from time to time. If new terms accompany any of those updates or new features, then those terms will apply.

  1. YOUR ACCESS

By using our Site, you accept these Terms. If you do not accept them, please do not use our Site. You are bound by these Terms even if you do not read all the Terms. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

  1. PURCHASE OF PRODUCTS

If you choose to purchase something through our Site, then you must pay the total price as detailed in the applicable payment page or the invoice issued through the Site. You will not be charged for any purchase unless you have agreed to the payment terms in the checkout page. The total price will include shipping and tax, all as identified on the checkout page, and you agree to pay the total amount displayed.

Product listings and advertisements on the Site are invitations to you to make offers to purchase products and are not offers to sell. If the order is accepted, a confirmation email is then sent to you and upon receipt of payment, the product is shipped. All orders must be paid in full prior to shipment.

If your order is not accepted, in whole or in part, you will be notified, and any paid amounts will be refunded for the order (or part of the order) not accepted through the Site. After the purchase order date, we may reject an order for any reason, including without limitation for a misprint in the price offer or advertisement, product shortage, product discontinuance, a lack of sufficient delivery information from the Customer, or shipping restrictions to certain locations or destinations. We reserve the right to refuse any order you place with us.

  1. PAYMENT

We take steps with our payment processors to ensure that credit card information is always encrypted during transfer over networks. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. We use payment processors to process payments on our behalf in accordance with payment industry standards.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  1. PRODUCT DEPICTIONS & CHANGES

Products available through the Site are dependent upon inventory levels, so please be aware that inventory levels may change, products may change or be discontinued. We make every effort to display the colours, materials and styles of products as accurately as possible, but the actual items may appear or seem slightly different than how they appear on our Site, depending on the photos we use, the browser you use, or the quality of your screen.

Prices and descriptions for our products are subject to change without notice. We reserve the right at any time to modify or discontinue products without notice, to maintain our quality standards, or for other business reasons.

  1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We provide a lot of content on this Site – product information, ingredient lists, newsletters, articles, information, store location information, and links. We make every effort to ensure this content is accurate, complete and current but are not responsible if content or information made available on this site is not accurate, complete or current. Occasionally there may be information on our Site that contains typographical errors or inaccuracies. The content on our Site is provided for general information only for personal use. Any reliance on the content on this Site is at your own risk. It is your responsibility to evaluate the content and information and decide for yourself what is right for you.

This Site may contain certain historical information or content written years ago. This information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

  1. OTHER CONDITIONS

We reserve the right to limit the quantities of any products or services that we offer. Certain products may be available exclusively online through the Site, in limited quantities.

Any offer for any product or service made on this Site is void where prohibited.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may, in our sole discretion, limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

  1. REFUNDS & RETURNS

Our Guarantee & Free Return Policy applies to refunds and returns of all purchases through our Site. By agreeing to these Terms, you agree to that policy, which is incorporated by reference. Please read that policy carefully.

  1. SHIPPING & DELIVERY

Our Shipping Information Policy applies to shipping and delivery of all purchases through our Site. By agreeing to these Terms, you agree to that policy, which is incorporated by reference. Please read that policy carefully. Our Site will estimate shipment fees and dates but we are not liable for any shipping costs, or delivery delays, including delays beyond the reasonable control of us or our order-fulfillment providers.

  1. PERSONAL INFORMATION

Your submission of personal information through the Site is governed by our Privacy Notice. By agreeing to these Terms, you agree to that policy, which is incorporated by reference. Please read that policy carefully.

  1. TERMINATION RIGHTS

(a) By Us: In the event you breach these Terms, or any other applicable policies, we may suspend or terminate your account and your access to the Site. We may suspend or terminate your account in the event the account is inactive and abandoned by you for a year.

(b) By You: You may terminate your account and cease use of the Site at any time.

(c) Effect of Termination: Once your account is terminated, you will not have access to the contents of that account. You are responsible for backing-up or saving the contents of your account (if any), prior to the termination of your account. After termination, we reserve the right to delete or keep any content in your account Site for archive purposes. We will only retain Personal Data in accordance with these terms and our Privacy Policy.

  1. USER CONTENT & PROHIBITIONS

The Site may allow you to input certain user content as part of your use of the Site. We have the right to display user content and reserve the right to remove or correct this content if we receive notice of corrections, or if any such content contravenes our Terms or our acceptable use standards, in our discretion. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments or suggestions; or (3) to respond to any comments.

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.

You may not impersonate others, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

  1. INTELLECTUAL PROPERTY RIGHTS

You agree that the Site and the trademarks, intellectual property rights, content and layout of our Site, including any product information, images, or other content such as articles, news items, blog posts or other information that we may supply on our Site, are owned by us or our licensors, and you will not contest or challenge such ownership. Other company names and logos displayed on our sites may be trademarks of their respective owners.

  1. WARRANTY & GENERAL DISCLAIMERS

We’re proud of what we make and provide the warranty in our Guarantee & Free Return Policy.

Other than the foregoing, we do not warrant that the quality of any products purchased through our Site, or other services, information, or content obtained by you through our Site, will meet your expectations.

We expressly disclaim any and all liability and all express or implied warranties or conditions in connection with our Site, and any product or service sold through our Site. The Site is provided to you “as is” and “as available”. We do not warrant or make any representations of any kind regarding the use or the results of the use of our products or Site.

  1. RELEASE & LIMITATION OF LIABILITY:

IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, LIABILITIES, COSTS, EXPENSES, INJURIES, ILLNESS, SKIN IRRITATION, ALLERGIC REACTION, OR OTHER CLAIMS WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, OR PRODUCTS SOLD THROUGH THIS SITE, OR ANY USER CONTENT AVAILABLE ON THIS SITE, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF $50, OR THE ACTUAL DOLLAR AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE DAMAGES OR CLAIM, WHICHEVER AMOUNT IS LESSER.

Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  1. JURISDICTION & APPLICABLE LAW

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein. In the event of any dispute arising under these terms, you agree to submit to the jurisdiction of the courts in the Province of Alberta, Canada.

  1. DOWNTIME

The Site may experience temporary downtime as we perform routine maintenance or updates.

  1. LINKED SITES

Links available on our Site may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.

  1. CHANGES

Changes to these Terms may be made from time to time by us, and the modified form will take effect after posting on our Site. Continued use of the Site after the effective date will indicate your acceptance of the amended Terms. No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment. To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the Site, in whole or in part, at our sole discretion, at any time, without notice.

  1. SURVIVAL

All terms which require performance by the parties after the expiry or termination of these terms, will remain in force despite this agreement’s expiry or termination for any reason. The following terms shall survive termination: Sections 13, 14 and 15.

  1. MISCELLANEOUS

We may assign this agreement to a third-party upon written notice to you. These Terms constitute the entire agreement between us and you with respect to your use of the Site and the purchase of any products. Any failure by us to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. If any of these terms and conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. The parties have required that this agreement and all related documents be drawn up in English. Les parties reconnaissent par les présentes que chacune d’elles a exigé que ce contrat et tout document ou avis y afférent soient rédigés en anglais. These terms may be agreed to by electronic acceptance.

  1. CONTACT

Questions about these Terms of Service should be sent to us at support@foamingluxury.com