Welcome to Boomaia. “We,” “us” and “our” refer to Boomaia. We operate this store and website, including related information, content, features, tools, products and services (the “Services”), powered by Shopify. These Terms of Service and the policies referenced here describe your rights and responsibilities. By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
You represent that you are of legal age in your jurisdiction and have permitted any minor dependents to use devices you own or manage to access the Services. Information you provide, including contact, billing, payment and shipping information, must be accurate, current and complete, and you must have the right to provide it. You are responsible for the security of your account credentials and activity. You may not transfer, sell, assign or license your account to another person.
We aim to display products accurately, but colors and appearance may vary with your device and its settings. We do not guarantee that appearance or quality will meet every expectation. Product descriptions may change without notice, and we may discontinue products or limit quantities by person, region or jurisdiction.
Placing an order is an offer to purchase. We may accept or decline an order, and acceptance requires our confirmation and receipt and processing of payment. Review your order carefully, as cancellation may not be possible after acceptance. If we decline, change or cancel an order, we will attempt to contact you using the details provided. Returns and exchanges are subject to our Return & Refund Policy. Purchases are for personal or household use, not commercial resale or export.
Prices, discounts and promotions may change without notice. The applicable price is the price at the time of ordering, as stated in the order confirmation. Unless explicitly stated, prices exclude taxes, shipping, handling, customs duties and import charges. Prices may differ from those offered by other retailers. Separate promotional terms control in the event of a conflict. You agree to provide and update accurate purchase, payment and account information. You represent that payment information is accurate, that you are authorized to use the payment method, and that you will pay the stated charges and applicable shipping and taxes.
See our Shipping Policy for charges and delivery estimates. Delivery times are estimates and are not guaranteed. Carrier delays, customs processing and circumstances beyond our control may affect timing. To the extent permitted by applicable law, title and risk of loss pass to you when products are handed to the carrier. Nothing in these Terms limits rights that cannot be excluded by law.
The Services, including trademarks, text, images, graphics, reviews, video, audio and their design and arrangement, belong to Boomaia, its affiliates or licensors and are protected by intellectual-property laws. These Terms permit personal, non-commercial use only. Without prior written permission, you may not reproduce, distribute, modify, create derivative works from, publicly display, perform, republish, download, store or transmit materials from the Services. No intellectual-property license is granted except as expressly stated. Boomaia reserves all other rights. Boomaia marks belong to Boomaia or its affiliates or licensors; Shopify marks belong to Shopify; other marks belong to their respective owners.
We may provide access to third-party tools that we do not monitor or control. Access is provided “as is” and “as available,” without endorsement or warranties. Your use is at your own discretion and risk, subject to the third party’s terms. New features and tools added to the Services are also subject to these Terms.
The Services may include third-party materials, links or embedded features. We do not undertake to evaluate their accuracy or content. Accessing third-party services is at your own risk. Review their terms and policies before a transaction. Questions, complaints or claims concerning third-party products or services should be directed to the third party.
Boomaia is powered by Shopify, which enables us to provide the Services. However, any sales and purchases you make in our store are made directly with Boomaia. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Boomaia, including injury, damage or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from claims, damages and liabilities arising from or related to purchases or transactions with Boomaia.
Personal information collected through the Services is governed by our Privacy Policy, and certain information is subject to Shopify’s Privacy Policy. Shopify processes information about your access and use to provide and improve the Services. Information may be transferred to Shopify and other parties outside your country. See our Privacy Policy for details.
If you submit ideas, suggestions, reviews, proposals, plans or other feedback, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display it in any media, including for commercial purposes, to operate, improve or promote the Services and exercise our rights. You represent that you hold all necessary rights, have disclosed any compensation or incentive, and that your feedback complies with these Terms. We are not required to keep feedback confidential, pay compensation or respond. We may monitor, edit or remove unlawful, offensive or infringing material. Feedback must not infringe others’ rights, contain unlawful, abusive or obscene content or malware, or misrepresent its source. You are responsible for your feedback and its accuracy; we are not responsible for feedback posted by you or others.
Information may contain errors or omissions relating to descriptions, pricing, promotions, shipping charges, transit times or availability. We may correct these, update information or cancel orders based on inaccurate information, including after an order is submitted, subject to applicable law.
Use the Services only for lawful purposes. You must not violate laws or intellectual-property rights; harass, abuse, defame, threaten or harm others; transmit false information, spam or content that violates these Terms; impersonate others; or interfere with others’ use. You must not transmit malware, exploit or resell the Services, collect others’ personal information, engage in phishing, scrape or use automated access contrary to these Terms, or interfere with security, authorization controls or access restrictions. We may suspend or terminate access for violations.
An “Agent” is software or a service taking autonomous or semi-autonomous actions on behalf of a person or entity, including without direct supervision. If you deploy or enable an Agent to access the Services, these provisions apply. Agents must identify themselves and comply with these Terms and must stop if we prohibit their access. We may restrict access through technical measures. Agents must identify their name in every HTTP/HTTPS request using “Agent/[agent name]” in the user-agent string, must not conceal their automated nature or mimic human interaction to evade detection, must not complete or circumvent CAPTCHAs or similar measures, must answer human-or-computer identification questions truthfully, and must not evade restrictions on access or interaction.
We may terminate these Terms or access to all or part of the Services at our discretion, without notice. Amounts incurred through the termination date remain payable. Provisions concerning intellectual property, feedback, termination, disclaimers, liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy and any provisions intended by their nature to survive will remain effective.
Information is provided for general purposes and may not be accurate, complete or useful for every purpose. Reliance on it is at your risk. Except as expressly stated by Boomaia and to the extent permitted by law, the Services and products are provided “as is” and “as available,” without express or implied warranties, including merchantability, quality, fitness for a particular purpose, durability, title or non-infringement. We do not guarantee uninterrupted, timely, secure or error-free service. Some jurisdictions do not permit certain exclusions, so these limitations may not apply to you.
To the maximum extent permitted by law, Boomaia, our partners, directors, officers, employees, affiliates, agents, contractors, providers and licensors, and Shopify and its affiliates, are not liable for injury, loss, claims or direct, indirect, incidental, punitive, special or consequential damages, including lost profits, revenue, savings or data, replacement costs or similar damages arising from your use of the Services or products, whether based in contract, tort including negligence, strict liability or otherwise, even if advised of the possibility. This includes errors, omissions and losses arising from content or products made available through the Services. Mandatory consumer rights remain unaffected.
You agree to indemnify, defend and hold harmless Boomaia, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against third-party losses, damages, liabilities and claims, including reasonable legal fees, arising from your breach of these Terms, violation of law or third-party rights, or use of the Services. We will notify you of a claim; delayed notice does not relieve obligations unless it materially prejudices you. We may control defense and settlement at your expense, but will not agree to non-monetary obligations for you without your consent, which must not be unreasonably withheld. You must cooperate with the defense.
If a provision is unlawful, void or unenforceable, it will be enforced to the fullest lawful extent and the unenforceable portion severed, without affecting the remainder.
Failure to exercise a right is not a waiver. These Terms and referenced policies constitute the entire agreement concerning the Services and supersede prior oral or written agreements and communications. Ambiguity is not to be construed against the drafting party.
You may not assign, transfer or delegate these Terms or your rights or obligations without our prior written consent. We may assign, transfer or delegate our rights and obligations without your consent or notice.
These Terms and separate agreements for the Services are governed by the laws of the jurisdiction in which Boomaia is headquartered. You and Boomaia consent to the jurisdiction of the relevant federal, state or territorial courts, subject to any mandatory rights under applicable law.
Headings are for convenience and do not limit or affect these Terms.
The current Terms are available on this page. We may update them by posting revisions. Review them periodically. We will provide notice of material changes as required by law, with changes effective on the date stated in that notice. Continued use following applicable changes constitutes acceptance.
Questions about these Terms may be sent to victoroverseas@outlook.com.