- Overview & General Provisions
Welcome to www.foamandfade.com (hereinafter referred to as the “Website”). The Website is operated, managed, and owned by foamandfade (hereinafter referred to as “we”, “us”, or “our”).
By accessing our Website, browsing our catalogue, or purchasing our physical carry items and backpacks, you participate in our service and agree to be bound by the following Terms of Service (“Terms”). These Terms apply to all users of the Website, including without limitation buyers, browsers, and contributors of content.
Please read these Terms carefully before placing an order. Our commercial operations are based in Mexico, and we provide international retail services to consumers residing in the European Union, the United Kingdom, and the United States. - Business Identity & Contact Information
For any legal, administrative, or operational notices regarding these Terms, please contact our administrative desk using the following official details:
Operating Brand: foamandfade
Official Website: www.foamandfade.com
Customer Support Email: simulation@foamandfade.com
Telephone: +52 55 5568 4321
Headquarters Address:
Av. Insurgentes Sur 1602,
Col. Crédito Constructor, Benito Juárez,
Ciudad de México, C.P. 03940,
México - Commercial Applicability & Market Coverage
Our merchandise is offered for consumer purchase in the European Union, the United Kingdom, and the United States.
To place an order on www.foamandfade.com, you must be at least the age of majority in your jurisdiction of residence and possess the legal capacity to enter into binding agreements. By placing an order, you confirm that all personal and delivery details provided are accurate and complete. - Shipping, Transit Timelines & Transfer of Risk
4.1 Dispatch & Courier Partners
We dispatch physical orders to designated international destinations via established postal and premium international courier partners, including DHL Priority, FedEx Priority, and UPS Priority networks.
4.2 Standard Shipping Window
The estimated delivery timeframe for international orders shipped to Europe and the United States is 6 to 9 working days from the date of order dispatch. While we endeavor to ensure timely transit, delivery times remain subject to standard customs processing and carrier operational conditions.
4.3 Automated Order Tracking
To ensure complete transparency during transit, our system automatically issues operational status updates to the email address provided during checkout. Tracking notices are dispatched at key transit milestones, including:
Official order dispatch confirmation.
Arrival at key regional sorting and distribution hubs.
Out for final local delivery.
4.4 Delayed or Missing Shipments
If a delivery exceeds the standard transit timeframe, customers are invited to notify customer support at simulation@foamandfade.com. Upon receipt of notification, we will initiate a direct investigation with the respective carrier. Based on the formal findings of the investigation, we will issue a full refund or arrange a replacement dispatch without additional expense to the customer.
4.5 Statutory Transfer of Risk
In strict compliance with EU Directive 2011/83/EU on Consumer Rights and applicable international consumer protection laws, the risk of loss, damage, or destruction of ordered merchandise transfers to the consumer only when the consumer, or a designated third party (other than the carrier), acquires physical possession of the items. Risk does not transfer upon handover to the courier. - Right of Withdrawal, Returns & Damaged Goods
5.1 Statutory 14-Day Right of Withdrawal (EU & UK)
In accordance with distance selling regulations across the European Union and the United Kingdom, consumers residing in these jurisdictions retain a statutory 14-day Right of Withdrawal. You have the right to cancel your purchase without stating any reason within 14 calendar days from the date on which you, or your designated recipient, physically receive the merchandise.
5.2 Faulty, Defective, or Damaged Items
If an item arrives with a visual defect, manufacturing flaw, or physical damage incurred during transit:
You are not required to return the damaged physical item.
Please contact our support team at simulation@foamandfade.com within your inspection window.
Provide clear photographic evidence illustrating the reported damage along with your order reference number.
Upon verification of the visual evidence, we will process either a full refund to your original payment method or arrange a replacement dispatch. - Orders, Pricing & Payment Processing
6.1 Order Formation
Display of merchandise on www.foamandfade.com constitutes an invitation to treat. A legally binding purchase contract is established only when your payment has been cleared and an official order dispatch confirmation has been issued to your registered email address.
6.2 Price Display
All prices are displayed in applicable consumer currencies. We reserve the right to correct minor typographical or administrative pricing errors prior to order dispatch.
6.3 Secure Electronic Payments
All electronic card transactions are handled directly through secure, PCI-DSS compliant payment processing platforms. foamandfade does not directly process, access, or store credit or debit card credentials on its local servers. - Intellectual Property & Brand Ownership
All visual materials, product text, layout structures, graphics, and underlying media presented on www.foamandfade.com are proprietary property of foamandfade or are utilized under verified public domain or royalty-free arrangements.
Nothing contained on this Website grants any license or right to reproduce, distribute, or commercially exploit any brand identifiers, text, or visual assets without prior explicit written authorization from foamandfade. - Limitation of Liability
While we take all reasonable operational steps to maintain standard quality control across our product line and digital platform, www.foamandfade.com and its associated merchandise are provided on an “as available” basis.
To the maximum extent permitted under Mexican, EU, UK, and US consumer protection laws, foamandfade shall not be held liable for indirect, incidental, or consequential damages resulting from platform downtime or temporary logistics interruptions beyond our direct control. Nothing in these Terms limits statutory consumer rights that cannot be excluded by law. - Governing Law & Jurisdiction
These Terms, along with all sales contracts executed through www.foamandfade.com, are governed by and construed in accordance with applicable statutory laws.
For Business Operations: Administrative matters are guided under the legal frameworks of Mexico.
For Consumer Protection: Consumers residing in the European Union, the United Kingdom, or the United States retain the full protection of mandatory consumer laws enacted within their country or state of habitual residence. Any disputes arising in connection with a purchase may be submitted to the competent jurisdiction of the consumer’s place of residence. - Modifications to Terms
We reserve the right to update, modify, or replace any part of these Terms by publishing revised documentation directly to www.foamandfade.com. The “Last Updated” date at the top of this page indicates the effective date of current revisions. Your continued access to the Website following updates constitutes acceptance of those changes.