Terms of Service

Last Updated: June 2026

Welcome to Foamello. These Terms of Service ("Terms") govern your access to and use of the Foamello website, products and services.

By accessing our website or purchasing products from us, you agree to be bound by these Terms. If you do not agree to these Terms, you should not access or use our website or purchase our products.

1. About Foamello

Throughout these Terms, "Foamello", "we", "us" and "our" refer to Foamello and its related entities.

"Website" means www.foamello.com and any associated webpages.

"Products" means all products sold by Foamello, including Foamello beds, spare covers, accessories and related products.

2. Eligibility

By using our website, you confirm that:

• You are at least 18 years of age or have permission from a parent or legal guardian.

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

• The information you provide is accurate and complete.

3. Orders

All orders are subject to acceptance and availability.

We reserve the right to refuse, cancel or limit any order where:

• Products are unavailable.

• Pricing errors have occurred.

• Fraudulent or suspicious activity is suspected.

• We are unable to verify payment details.

• An order has been placed in breach of these Terms.

An order confirmation email does not guarantee acceptance of your order.

A contract is formed only when we dispatch your order.

4. Pricing

All prices displayed on our website are in Australian Dollars (AUD).

Unless otherwise stated:

• Prices include GST where applicable.

• Shipping charges are calculated separately at checkout.

We reserve the right to change pricing at any time before an order is placed.

5. Payments

Payments are processed securely through authorised third-party payment providers.

By submitting payment information, you authorise us to charge the total order amount, including shipping charges and any applicable taxes.

Foamello does not store complete credit card details.

6. Shipping and Delivery

Delivery timeframes displayed on our website are estimates only unless expressly stated otherwise.

While we will use reasonable efforts to deliver products within estimated timeframes, we are not responsible for delays caused by:

• Freight carriers;

• Weather events;

• Customs processes;

• Supply chain disruptions;

• Manufacturing delays; or

• Events outside our reasonable control.

Risk in the products passes to you upon delivery.

Ownership of the products passes once full payment has been received.

7. Pre-Orders

Foamello may offer certain products for sale on a pre-order basis.

By placing a pre-order, you acknowledge that the product may not be in stock at the time of purchase and that delivery will occur at a future date.

Pre-Order Pricing

Foamello may offer significant discounts on products purchased through pre-order campaigns. These discounted prices are offered in exchange for customers purchasing products before they are available for immediate dispatch and accepting the longer lead times associated with pre-orders.

Production Runs and Container Shipments

Foamello products are manufactured in production runs and imported into Australia via container shipments.

To provide customers with competitive pricing, Foamello may accept pre-orders until a production run or container allocation reaches capacity. Once a container allocation is full, pre-orders for that allocation may be closed and a new allocation may be opened with a different estimated delivery timeframe.

When a pre-order allocation closes, Foamello places manufacturing orders with its production partners based on customer demand.

Estimated Delivery Dates

Any estimated dispatch, arrival, shipping or delivery dates displayed on our website, product pages, checkout pages, emails, advertisements or other communications are estimates only and are provided as a guide.

Customers acknowledge that all estimated dates are indicative and subject to change.

Actual delivery dates may occur earlier or later than originally estimated due to factors including, but not limited to:

• Manufacturing schedules;

• Production delays;

• Quality assurance processes;

• International freight delays;

• Port congestion;

• Customs clearance;

• Transport disruptions;

• Supply chain interruptions; and

• Events outside Foamello's reasonable control.

Foamello does not guarantee delivery by any estimated date unless expressly agreed in writing.

Delivery Delays

While Foamello will use reasonable efforts to keep customers informed of significant changes to estimated delivery dates, delays can occur and are an inherent part of the pre-order process.

Customers acknowledge that delivery delays do not automatically entitle them to compensation, damages, additional discounts or other remedies beyond those available under Australian Consumer Law.

Pre-Order Cancellations

Customers may cancel a pre-order and receive a full refund at any time prior to dispatch of the product.

Once a product has been dispatched, cancellations, returns and refunds will be governed by Foamello's Refunds & Returns Policy and any applicable rights under Australian Consumer Law.

Customer Acknowledgement

By placing a pre-order with Foamello, you acknowledge and agree that:

• You are purchasing a product that may not be immediately available for dispatch.

• Foamello operates a pre-order model for certain products.

• Pre-order pricing may include discounts that are offered in exchange for extended lead times.

• Production orders are placed with manufacturers based on customer demand.

• Estimated delivery dates are indicative only.

• Actual delivery dates may occur earlier or later than estimated.

• Manufacturing, shipping and logistics schedules may change without notice.

• Foamello will make reasonable efforts to communicate significant delays where practicable.

8. Product Information

We make reasonable efforts to ensure product descriptions, specifications, images and pricing are accurate.

However:

• Colours may appear differently depending on your screen settings.

• Dimensions may vary slightly due to manufacturing tolerances.

• Product images may be illustrative only.

• Product specifications may change from time to time without notice where improvements are made.

Minor variations do not constitute defects.

9. 100 Night Guarantee

Eligible Foamello beds are covered by our 100 Night Guarantee.

The full terms and conditions of the 100 Night Guarantee are set out in our Refunds & Returns Policy.

The 100 Night Guarantee operates in addition to your rights under Australian Consumer Law.

10. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights or remedies available to consumers under the Australian Consumer Law.

Where products fail to comply with a consumer guarantee under the Australian Consumer Law, customers may be entitled to a repair, replacement or refund.

11. Returns and Refunds

Returns, refunds, exchanges and warranty claims are governed by our Refunds & Returns Policy.

By purchasing from Foamello, you agree to the terms of that policy.

12. Acceptable Use

You agree not to:

• Use the website for any unlawful purpose.

• Interfere with the operation or security of the website.

• Upload malicious software, viruses or harmful code.

• Attempt to gain unauthorised access to systems, accounts or data.

• Copy, reproduce or exploit website content without permission.

13. Intellectual Property

All content available on the website, including:

• Logos;

• Trade marks;

• Product names;

• Images;

• Videos;

• Graphics;

• Text;

• Designs; and

• Software,

is owned by or licensed to Foamello and is protected by applicable intellectual property laws.

You may not reproduce, distribute, modify or use any content without our prior written consent.

14. Limitation of Liability

To the maximum extent permitted by law:

• Foamello excludes liability for indirect, incidental, special or consequential loss or damage.

• Foamello is not liable for loss of profits, revenue, business opportunities, goodwill or anticipated savings.

• Foamello's liability in relation to any claim arising from a product purchase is limited to the amount paid for the relevant product.

Nothing in these Terms limits or excludes liability where doing so would be unlawful under Australian Consumer Law.

15. Product Safety

Foamello products are designed for domestic residential use.

Customers are responsible for ensuring products are used safely and in accordance with any instructions provided.

Foamello is not responsible for injury, damage or loss arising from:

• Misuse of products;

• Product modifications;

• Improper installation;

• Failure to follow product instructions; or

• Use of products for commercial purposes.

Children should always be appropriately supervised.

16. Privacy

Your use of our website is also governed by our Privacy Policy.

By using our website, you consent to the collection, use and disclosure of your information as described in our Privacy Policy.

17. Third-Party Services

The website may contain links to third-party websites, products or services.

Foamello is not responsible for:

• Third-party content;

• Third-party websites;

• Third-party products or services; or

• Any loss arising from your dealings with third parties.

18. Force Majeure

Foamello is not liable for any delay or failure to perform obligations due to events beyond our reasonable control, including:

• Natural disasters;

• Floods;

• Fires;

• Pandemics;

• Government actions;

• Industrial disputes;

• Supply chain disruptions;

• Freight interruptions; or

• Telecommunications failures.

19. Changes to These Terms

We may update these Terms from time to time.

Any updates will be published on this page and become effective immediately upon publication unless otherwise stated.

Your continued use of the website following any update constitutes acceptance of the revised Terms.

20. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

You submit to the non-exclusive jurisdiction of the courts of New South Wales and Australia in relation to any dispute arising from these Terms.

21. Contact Us

If you have any questions regarding these Terms of Service, please contact us:

Foamello Customer Support

Email: support@foamello.com

Website: www.foamello.com