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Terms of service

Terms of Service

Effective date: September 4, 2026

These Terms of Service (“Terms”) govern access to and use of foopefragrances.com and related services operated by FOOPE, INC., a Delaware corporation with operations in New Jersey (“FOOPE,” “we,” “us,” or “our”), and all purchases made through the website.

By accessing the website or placing an order, you agree to these Terms, our Privacy Policy, Shipping & Returns Policy, and any additional terms presented for a specific product, promotion, subscription, or messaging program.

1. Eligibility

You must be legally capable of entering into a binding agreement to place an order. If you have not reached the age of majority where you live, you may use the website and place an order only with the involvement and permission of a parent or legal guardian.

The website is not directed to children under 13.

2. Accounts

An account may be offered but is not required for every purchase. You are responsible for:

  • providing accurate and current information;

  • maintaining the confidentiality of your login credentials; and

  • all activity conducted through your account.

Notify hello@foopefragrances.com promptly if you suspect unauthorized account activity.

We may suspend or terminate an account where reasonably necessary to prevent fraud, misuse, security threats, or violations of these Terms.

3. Products and product information

We sell fragrances, candles, discovery products, gift items, accessories, and other products displayed on the website.

We make reasonable efforts to present descriptions, images, prices, ingredients, sizes, colors, packaging, and availability accurately. Displays and photographs may vary by device, and minor packaging or color differences may occur.

Scent perception is subjective. A dislike of a fragrance or candle scent is not a product defect.

Use products only as directed on the label and packaging. Fragrances are for external use only and may be flammable. Keep fragrance away from flame, heat, and children. Follow all candle-burning and fire-safety instructions. Discontinue use of a cosmetic product if irritation occurs.

Nothing on the website is medical advice, and our products are not intended to diagnose, treat, cure, or prevent disease.

4. Availability

Products and quantities are subject to availability. We may limit quantities, discontinue products, restrict sales by location, or refuse or cancel orders where reasonably necessary.

Placing an order does not guarantee acceptance. An order is accepted when we send a shipment confirmation or otherwise expressly confirm acceptance.

If we cancel an order after payment has been authorized or captured, we will issue the appropriate refund.

5. Prices, taxes, and duties

Unless stated otherwise, prices are shown in U.S. dollars.

Prices, offers, and availability may change without notice before an order is placed. We may correct typographical, pricing, or product-information errors and cancel affected orders. If payment was collected for a canceled order, we will refund it.

Customers are responsible for applicable taxes, duties, customs charges, brokerage fees, and similar government or carrier charges unless checkout expressly states that they are included.

6. Payment

Payments are processed through third-party commerce and payment providers. By submitting payment information, you represent that you are authorized to use the selected payment method and authorize the applicable charges.

We do not guarantee that every payment method will be available in every location.

7. Orders and cancellation

Review your cart, shipping address, email address, and selections before submitting an order.

Contact hello@foopefragrances.com immediately to request a cancellation or correction. We cannot guarantee changes once fulfillment has begun.

We may refuse or cancel an order for reasons including suspected fraud, unauthorized resale, inventory errors, pricing errors, shipping restrictions, payment failure, or violation of these Terms.

8. Shipping, delivery, returns, and refunds

Shipping, delivery, damage claims, returns, and refunds are governed by our Shipping & Returns Policy, which is incorporated into these Terms.

Delivery dates are estimates. Title and risk of loss pass as provided by applicable law and the selected carrier arrangement.

9. FOOPE +1 and other promotions

Promotions are subject to the specific terms displayed with the offer.

Unless a different rule is displayed in the FOOPE +1 builder:

  • the customer must add four eligible full-size products to the cart;

  • the lowest-priced eligible product is included as FOOPE’s complimentary gift;

  • one FOOPE +1 gift is available per order;

  • the offer applies only to products identified as eligible;

  • the offer cannot be combined with another promotion or discount unless expressly stated;

  • the customer must add the gift item to the cart where the builder requires it;

  • out-of-stock items are unavailable even if previously shown as eligible; and

  • removing or changing items may cause the order to lose eligibility.

Complimentary and promotional items have no cash value and are not eligible for exchange or refund, except where required by law.

We may modify, suspend, or end a promotion at any time before an order is placed.

10. Gift cards

Gift cards may be used only as described at purchase and are not redeemable for cash except where required by law. Gift cards may not be used for unlawful purposes or unauthorized resale.

FOOPE is not responsible for a lost or stolen gift-card code after delivery to the purchaser or recipient, except where required by law.

11. Marketing and text messages

You may receive marketing communications only as permitted by law and your preferences.

If you enroll in a text-message program, you agree to the messaging terms presented at opt-in. Consent to marketing texts is not a condition of purchase. Message and data rates may apply. Reply STOP to unsubscribe and HELP for help.

12. Intellectual property

The website and its content—including the FOOPE name, logos, product names, packaging, graphics, photographs, videos, text, software, design, and trademarks—are owned by or licensed to FOOPE and are protected by intellectual-property laws.

FOOPE grants you a limited, non-exclusive, non-transferable, revocable right to access and use the website for personal, lawful shopping purposes.

You may not copy, reproduce, modify, distribute, publicly display, scrape, reverse engineer, create derivative works from, or commercially exploit the website or its content without written permission.

13. Reviews, submissions, and user content

If you submit a review, photograph, comment, idea, testimonial, or other content (“User Content”), you represent that:

  • you own or control the rights needed to submit it;

  • it is accurate to the best of your knowledge;

  • it does not violate law or another person’s rights; and

  • it is not misleading, defamatory, obscene, abusive, or malicious.

You grant FOOPE a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, adapt, publish, translate, distribute, display, and create derivative works from User Content in connection with operating, improving, and promoting FOOPE, subject to applicable law and our Privacy Policy.

We may remove User Content at our discretion but are not obligated to monitor every submission.

14. Prohibited conduct

You may not use the website to:

  • violate any law or regulation;

  • infringe intellectual-property, privacy, publicity, or other rights;

  • submit false, misleading, fraudulent, or harmful information;

  • interfere with security or website operation;

  • introduce malware or malicious code;

  • scrape, crawl, or harvest information without permission;

  • impersonate another person;

  • make unauthorized commercial purchases or resell products in violation of stated restrictions; or

  • abuse promotions, discounts, referrals, returns, chargebacks, or payment systems.

15. Third-party services and links

The website may rely on or link to third-party services, including Shopify, payment providers, social platforms, carriers, and applications.

FOOPE does not control third-party services and is not responsible for their independent content, availability, terms, privacy practices, or actions. Your use of a third-party service may be governed by separate terms.

16. Disclaimer of warranties

To the fullest extent permitted by law, the website and Services are provided on an “as is” and “as available” basis.

FOOPE disclaims warranties that may lawfully be disclaimed, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing in these Terms excludes a warranty, consumer right, or remedy that cannot lawfully be excluded.

17. Limitation of liability

To the fullest extent permitted by law, FOOPE and its officers, directors, employees, agents, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunity, arising from the website, Services, or products.

To the fullest extent permitted by law, FOOPE’s total liability for a claim relating to a product or order will not exceed the amount paid for the product or order giving rise to the claim.

These limitations do not apply where liability cannot lawfully be limited, including rights available under applicable consumer-protection law.

18. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless FOOPE and its officers, directors, employees, agents, and affiliates from third-party claims, liabilities, losses, and reasonable expenses arising from your unlawful use of the website, violation of these Terms, or infringement of another person’s rights.

This section does not require a consumer to indemnify FOOPE for FOOPE’s own unlawful conduct.

19. Privacy

Our Privacy Policy explains how we collect, use, disclose, and protect personal information and is incorporated into these Terms.

20. Suspension and termination

We may suspend or terminate access to the website where reasonably necessary to protect the Services, prevent fraud or abuse, comply with law, or enforce these Terms.

Sections that by their nature should survive termination—including payment obligations, intellectual property, disclaimers, liability limitations, indemnification, and dispute provisions—will survive.

21. Governing law and venue

These Terms and disputes relating to them are governed by the laws of the State of New Jersey and applicable federal law, without regard to conflict-of-laws principles.

Any dispute not resolved informally will be brought in a state or federal court of competent jurisdiction located in New Jersey, except where applicable law gives a consumer the right to bring a claim elsewhere.

Nothing in this section waives a non-waivable consumer right or remedy.

22. Changes to these Terms

We may update these Terms from time to time. Revised Terms become effective when posted with a new effective date, except where additional notice or consent is required by law.

Changes do not retroactively alter a completed purchase unless required by law or expressly agreed.

23. General terms

If any provision is found unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. We may assign these Terms in connection with a merger, financing, reorganization, asset transfer, or sale of the business. You may not assign your rights or obligations without our written consent.

These Terms, together with incorporated policies and offer-specific terms, form the entire agreement concerning the website and purchases.

24. Contact

Questions about these Terms may be sent to:

FOOPE, INC.
New Jersey, United States
hello@foopefragrances.com