Terms of service
OVERVIEW
Welcome to Foamnest™! Throughout this site, the terms “we”, “us”, and “our” refer to Foamnest™. We operate this website and storefront—including all content, functional features, tools, items, and services made available through this platform—to provide you, the user, with an elevated home and bath shopping experience (collectively, the “Services”). Our online store is powered and hosted by Shopify, providing us with the e-commerce foundation to deliver these Services to you.
By accessing, browsing, or purchasing from our website, you engage in our Service and consent to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including any supplementary policies hyperlinked herein.
Please read these Terms carefully before using our platform. If you do not agree with all the stipulations contained within this agreement, you may not access the website or utilize any of our Services.
SECTION 1 - ELIGIBILITY & ACCOUNT RESPONSIBILITIES
By agreeing to these Terms, you confirm that you are at least the age of majority in your state, province, or country of residence, or that you have granted authorization for any minor dependents under your care to utilize this site.
To complete purchases or utilize certain site features, you may be prompted to supply personal details, such as your legal name, delivery location, contact number, and payment credentials. You warrant that all submission details you provide are accurate, complete, and current. You are solely responsible for maintaining the privacy of your account details and restricting access to your personal devices. Account credentials may not be transferred or assigned to any third party.
SECTION 2 - PRODUCTS & MERCHANDISE ACCURACY
We make every reasonable effort to display the colors, textures, and dimensions of our home and bath products as accurately as possible. However, actual visual presentation may vary depending on your display device, screen resolution, and monitor settings. We cannot guarantee that your monitor's rendering of any color or texture will be completely precise.
All product descriptions, specifications, and retail prices are subject to modification at any time without prior notice at our sole discretion. We reserve the me to restrict order quantities for any item, limit sales to specific geographic jurisdictions, or discontinue any product offering at any time.
SECTION 3 - ORDER ACCEPTANCE & PURCHASES
Submitting an order through our storefront constitutes an offer to purchase. Foamnest™ reserves the absolute right to accept, limit, or decline any order for any reason. Orders are only considered confirmed once payment is authorized and a shipping dispatch confirmation is issued.
You represent that all purchases made through our store are intended strictly for personal, non-commercial, and household use, rather than commercial reselling or unauthorized export. Purchases remain subject to our Return & Refund Policy.
SECTION 4 - PRICING & PAYMENT ACCURACY
Prices, promotions, and discounts are subject to change without prior warning. Prices charged for an item will be those in effect when your order is submitted, as reflected in your checkout summary and confirmation email. Posted prices do not include applicable sales taxes, import tariffs, or shipping fees unless explicitly stated.
You agree to provide accurate, updated, and complete billing and account details for all transactions. In the event an order must be adjusted or canceled due to stock limitations or billing issues, we will attempt to inform you using the contact details provided at checkout.
SECTION 5 - TRANSIT & LOSS OF TITLE
All shipping and delivery timeframes provided on our site are estimates only and do not constitute guaranteed arrival dates. Foamnest™ is not liable for shipping delays caused by carrier disruptions, inclement weather, or customs holds. Risk of loss and title for all ordered items pass to you upon our transfer of the shipment to the carrier.
SECTION 6 - INTELLECTUAL PROPERTY RIGHTS
All elements comprising our Services—including text, graphic interfaces, brand logos, product photography, audio clips, icon designs, and site layouts—are the exclusive property of Foamnest™, its licensors, or platform partners, protected under United States and international copyright, trademark, and trade secret laws.
You are granted a limited, non-exclusive license to view and print pages from this site for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, or republish any material from our store without our explicit prior written authorization.
SECTION 7 - INTEGRATED THIRD-PARTY TOOLS
We may grant you access to optional third-party software, applications, or tracking tools over which we maintain no oversight or operational control.
You acknowledge that access to such tools is provided on an “AS IS” and “AS AVAILABLE” basis without warranties or endorsements of any kind. Foamnest™ assumes no liability whatsoever arising from or relating to your voluntary use of third-party tools.
SECTION 8 - THIRD-PARTY LINKS & CONTENT
Certain materials, products, or hyperlinks available on our site may direct you to external websites managed by independent third parties. We carry no responsibility for reviewing the safety, accuracy, or content of these external locations.
Any damages, transaction disputes, or losses incurred as a result of interacting with third-party sites are strictly between you and the respective third-party vendor.
SECTION 9 - SHOPIFY PLATFORM RELATIONSHIP
Foamnest™ is hosted on the Shopify e-commerce platform. While Shopify supplies the digital infrastructure that enables our storefront, all commercial transactions are executed directly between you and Foamnest™.
You acknowledge and agree that Shopify bears no responsibility or legal liability regarding sales contracts, product quality, or order fulfillment. You hereby release Shopify and its parent entities from any claims or damages arising from your purchases on this site.
SECTION 10 - DATA PRIVACY
Your submission of personal data through the store is governed by our Privacy Policy. Because our platform is hosted by Shopify, your personal information is also processed in accordance with Shopify’s Privacy Statement. Please review these policies to understand how your data is collected, stored, and protected.
SECTION 11 - SUBMISSIONS & USER FEEDBACK
If you submit product reviews, suggestions, ideas, or customer feedback (“Feedback”), you grant Foamnest™ an unrestricted, royalty-free, perpetual license to publish, adapt, translate, and distribute such Feedback across any media format for any purpose.
We carry no obligation to keep your Feedback confidential, compensate you for its submission, or respond to your input. You warrant that your submissions will not violate third-party rights, contain defamatory content, or transmit harmful code or malware.
SECTION 12 - ERRORS, INACCURACIES, & OMISSIONS
Occasional typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, shipping costs, transit estimates, or stock availability may occur. We reserve the right to correct any such errors, update site information, or cancel orders if any information is determined to be inaccurate at any time without prior notice (including after an order has been submitted).
SECTION 13 - PROHIBITED USES & CONDUCT
In addition to other constraints outlined in these Terms, you are prohibited from using the site or its content:
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For any unlawful, fraudulent, or malicious purpose.
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To violate international, federal, state, or municipal laws and regulations.
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To infringe upon our intellectual property rights or those of third parties.
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To harass, abuse, stalk, slander, or discriminate against any employee or user.
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To upload malicious code, computer viruses, or software designed to compromise site functionality.
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To collect or harvest personal details of other users without consent.
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To engage in automated scraping, crawling, or data extraction.
We reserve the right to immediately terminate your access to the Services for violating any prohibited use guidelines.
SECTION 14 - TERMINATION OF AGREEMENT
These Terms of Service remain effective unless and until terminated by either you or us. You may terminate this agreement at any time by ceasing all further use of our site and Services.
If we determine in our sole judgment that you have failed to comply with any provision of these Terms, we may revoke your access without notice. All accrued financial obligations and legal provisions intended to survive termination (including Intellectual Property, Indemnification, and Limitation of Liability) shall remain in effect.
SECTION 15 - DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL MERCHANDISE DELIVERED TO YOU ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT YOUR USE OF OUR STORE WILL BE UNINTERRUPTED, COMPLETELY SECURE, OR ERROR-FREE.
SECTION 16 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOAMNEST™, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES—INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS—ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SITE.
SECTION 17 - INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Foamnest™, Shopify, and our respective affiliates, officers, directors, agents, and employees from any third-party claims, liabilities, losses, or legal fees arising out of your breach of these Terms, your misuse of the Services, or your violation of any law or third-party rights.
SECTION 18 - SEVERABILITY
If any clause within these Terms of Service is deemed unlawful, void, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the validity and enforceability of remaining provisions.
SECTION 19 - GOVERNING LAW & JURISDICTION
These Terms of Service and any separate agreements under which we deliver Services shall be governed by and construed under the laws of the State of California, United States, without regard to conflict of law principles. Any legal disputes shall be subject to the exclusive jurisdiction of the state and federal courts located within California.
SECTION 20 - AMENDMENTS TO TERMS
You may review the most recent iteration of the Terms of Service at any time on this page. We reserve the right to revise, update, or replace any portion of these Terms by publishing updates to our website. Your continued use of or access to the site following posted revisions constitutes full acceptance of those changes.
SECTION 21 - CONTACT INFORMATION
Questions regarding these Terms of Service should be directed to us at:
Foamnest™ Legal & Support Team
📍 Address: 18400 Colima Rd, Rowland Heights, CA 91748, United States
📞 Phone: +1 (606) 259-8888
✉️ Email: service@nengflow.com