Terms of service

TERMS OF SERVICE

1. GENERAL INFORMATION

This website is operated by  trading as VelarisArt(“Company”, “we”, “us”, or “our”).

Foamara provides this website, including all information, tools, products and services available from this site (the “Services”), to you, the user, conditioned upon your acceptance of these Terms of Service (“Terms”).

By accessing or using any part of the Services, you agree to be bound by these Terms and our Privacy Policy [INSERT LINK]. If you do not agree, you may not access or use the Services.

Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products to you.

2. ELIGIBILITY

By using the Services, you represent that:

  • You are at least 18 years old or the age of majority in your jurisdiction.

  • You have the legal capacity to enter into a binding contract.

  • All information you provide is accurate and complete.

We reserve the right to refuse service to anyone for any reason at any time.

3. ACCOUNT RESPONSIBILITY

You are responsible for:

  • Maintaining confidentiality of your account credentials.

  • All activities that occur under your account.

  • Immediately notifying us of any unauthorized use.

We are not liable for losses resulting from unauthorized account use.

Accounts may not be transferred, sold, or assigned without our written consent.

4. PRODUCTS AND DESCRIPTIONS

We make reasonable efforts to display products accurately. However:

  • Colors may vary due to device settings.

  • Product appearance may differ slightly from images.

  • Packaging may change without notice.

All product descriptions and pricing are subject to change at any time without notice.

We reserve the right to:

  • Limit quantities

  • Discontinue products

  • Refuse orders

5. HEALTH & PERSONAL USE DISCLAIMER

Our products are personal hygiene and skincare tools.

They are intended for general personal use only.

We do not provide medical advice. Nothing on this website should be interpreted as medical guidance.

If you have:

  • Skin conditions

  • Medical issues

  • Reduced mobility conditions

  • Sensitivity concerns

You should consult a healthcare professional before use.

Use of our products is at your own risk.

6. ORDERS & ACCEPTANCE

Placing an order constitutes an offer to purchase.

We reserve the right to accept or reject any order at our discretion.

An order is only accepted once:

  • Payment is processed

  • You receive an order confirmation email

We may cancel orders due to:

  • Fraud suspicion

  • Pricing errors

  • Stock issues

  • Payment authorization failure

7. PRICING & TAXES

Prices are listed in the currency displayed at checkout.

Unless stated otherwise, prices do not include:

  • Import duties

  • Customs fees

  • VAT or local taxes (if applicable)

Customers are responsible for any import charges imposed by their country.

We are not responsible for customs delays.

8. SHIPPING & RISK OF LOSS

Delivery times are estimates only and not guaranteed.

Once the product is handed to the carrier:

  • Risk of loss transfers to the customer.

  • We are not liable for carrier delays or customs processing.

Incorrect shipping information provided by the customer may result in additional costs.

9. RETURNS & REFUNDS

All returns are governed by our Return & Refund Policy

We reserve the right to refuse returns that do not comply with the stated policy.

10. INTELLECTUAL PROPERTY

All content on this site, including:

  • Logos

  • Brand name Foamara

  • Product designs

  • Images

  • Text

  • Videos

  • Graphics

is the exclusive property of the Company and protected by intellectual property laws.

No content may be copied, reproduced, distributed, or exploited without prior written consent.

Unauthorized use may result in legal action.

11. USER COMMENTS & CONTENT

If you submit reviews, feedback, or content:

You grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, and distribute that content for marketing and operational purposes.

You confirm that:

  • You own the rights to the content.

  • It does not infringe third-party rights.

  • It is not defamatory or unlawful.

We reserve the right to remove content at our discretion.

12. PROHIBITED USES

You may not use the Services:

  • For unlawful purposes

  • To commit fraud

  • To infringe intellectual property

  • To transmit malware

  • To scrape or harvest data

  • To interfere with site security

Violation may result in termination of access.

13. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law:

The Services and products are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied.

We disclaim all warranties including:

  • Merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Uninterrupted service

Some jurisdictions do not allow limitations on implied warranties, so these exclusions may not fully apply to you.

14. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

Foamara shall not be liable for:

  • Indirect damages

  • Incidental damages

  • Consequential damages

  • Loss of profits

  • Loss of data

In any event, our total liability shall not exceed the amount paid for the product giving rise to the claim.

This limitation applies whether based on contract, tort, negligence, strict liability, or otherwise.

15. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its affiliates from any claims arising from:

  • Your breach of these Terms

  • Misuse of products

  • Violation of applicable law

  • Violation of third-party rights

16. FORCE MAJEURE

We are not liable for failure or delay caused by events beyond our reasonable control, including:

  • Natural disasters

  • Government actions

  • Supply chain disruptions

  • Pandemics

  • Carrier delays

17. GOVERNING LAW

These Terms shall be governed by the laws of:

Without regard to conflict of law principles.

Any disputes shall be resolved exclusively in the courts of that jurisdiction.

18. SEVERABILITY

If any provision is found unenforceable, the remaining provisions remain valid.

19. CHANGES TO TERMS

We may update these Terms at any time.

Continued use of the Services constitutes acceptance of modifications.