Custom Cushions, Inc. ("CustomCushions.com") welcomes you to our internet sites. CustomCushions.com includes but is not limited to customcushions.com, www.customcushions.com and other internet sites affiliated with Custom Cushions, Inc., (each a "CustomCushions.com Site"). Each CustomCushions.com Site is operated by Custom Cushions, Inc. and its affiliates (collectively referred to herein as "we," "us," or "our").
Please note that your use of this web site is subject to the following terms and conditions of use. If you do not agree with any of the terms or conditions, do not access or otherwise use the web site in any way or use any information or materials contained on the web site. Your use of this web site, a variation of this web site or any related web site shall be deemed to be your agreement to abide by each of the terms and conditions set forth below. The terms of service may occasionally be updated without prior notice to you. Your use of this web site, a variation of this web site or any related web site constitutes your acceptance of any modifications to the terms of service.
These terms and conditions shall be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to conflict of law principles thereof. Each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law and any invalid, unlawful or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, unlawful or unenforceable term or provision.
CustomCushions.com posts an estimated lead time required to produce any custom made products. The posted lead time is calculated as the current average time required by our production facility to complete orders from the time they were placed and does not include any time required for shipping. The posted lead time is subject to change without notice and should only be considered an estimation of current production speeds at the time the order was placed.
Customers ordering cushions are required to follow the measuring guides provided on this website to obtain the measurements required by our designers to produce your cushions correctly.
CustomCushions.com is obligated to design and produce cushions and pillows in the fabric, trimming and filling options selected by the customer and in the dimensions provided by the customer in accordance with our measuring guides and within the tolerances established in the following charts:
|Fiber Batting Wrap||Please note that adding fiber batting to foam filled cushions may increase the overall thickness of the cushions by up to 1/2″.|
Disclaimer: CustomCushions.com is not responsible for products that were made correctly based on the dimensions supplied by the customer, in accordance with our measuring guides, and have finished dimensions that fall within the tolerances established in the tolerance charts in these terms and conditions.
Although we have made every effort to provide our customers with the most accurate representation of our fabric selection, some fabric images will vary in color when displayed on different monitors and may appear slightly different from the actual fabric due to several factors. This includes but is not limited to variations in lighting, monitor quality, operating system and device capabilities.
Disclaimer: CustomCushions.com is not responsible in any way for products that were made correctly according to the information supplied by the customer that a customer is unhappy with for subjective reasons such as color preference or material comfort. Fabric swatches are available in our Fabric Shop and are very reasonably priced to help ensure there is no confusion with regards to the color and texture of fabrics and we encourage customers to order sample swatches of fabrics prior to placing their order for cushions or pillows.
Fabric Dye Lots
The majority of fabrics in our collection are dyed in lots during the production process and may have a slight variation in color from lot to lot. While most orders are cut from the same roll of fabric or several rolls from the same dye lot, CustomCushions.com cannot guarantee an exact match in color if multiple cushions are ordered separately over an extended period of time.
While the fabrics in our collection are fade resistant, the colors still may be altered by prolonged exposure to the elements and will likely not be an exact match to a new cushion of the same material. As such, CustomCushions.com cannot guarantee an exact match in color to existing cushions, pillows or patio umbrellas.
CustomCushions.com offers multiple filling options that customers can select for their cushions. Customers may wish to select a single filling option or a combination filling options to be used in a single product. Specifications for individual filling types only are displayed in the chart below.
|Filling Type||Density||Water Retention|
|Dry Fast Foam||1.80lb/ft³ (± 0.10lb/ft³)||Very Low|
|Polyurethane Foam||1.80lb/ft³ (± 0.10lb/ft³)||Medium|
|DuPont® Dacron Filling||1.50lb/ft³ (± 0.10lb/ft³)||Medium|
|DuPont® Fiber Batting||0.50lb/ft³ (± 0.10lb/ft³)||Low|
|Blown DuPont® Fiber||1.50lb/ft³ (± 0.10lb/ft³)||High|
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Disclaimer: CustomCushions.com is not responsible in any way for products that were made correctly according to the information supplied by the customer that a customer is unhappy with for subjective reasons such as comfort level. Filling samples are readily available upon request to help ensure there is no confusion with regards to the density and comfort of the filling used in our cushions and we encourage customers to contact us to request samples of our filling options prior to placing their order for cushions or pillows.
CustomCushions.com can make changes to our standard tie placments for an additional processing and handling fee. Customers are required to provide templates indicating exact tie locations for cushions requiring tie placment changes. Ties can only be sewn exclusively on the seams of cushions and cannot be sewn directly onto any cushion panels, including boxing panels.
Lead times for orders with tie placment changes will begin upon reciept of the customer supplied template and may be extended beyond our posted lead times due to additional processing requirements.
Prices displayed on this web site are in U.S. dollars. CustomCushions.com reserves the right to adjust or change the price of any product that appears on this web site at any time and without notice.
Sale discounts are subject to change without notice and cannot be applied retroactively to orders that have already been placed.
Discount codes provided on this web site expire after a predetermined date and cannot be used retroactively, extended, renewed or replaced for any reason. Once the date of expiration for a discount code has passed it will no longer useable on this web site.
Disclaimer: CustomCushions.com is not responsible for lost or stolen codes or discount codes that have been used without permission.
CustomCushions.com is a fully custom shop and all of the products and services that appear on our web site are completely tailor made to customer specifications. As such, we require payment in full prior to beginning the production process of any order.
Returns and Exchanges
Every product appearing on this web site is custom-made according to customer specifications, including fabric colors, sizes and/or other custom attributes, and therefore cannot be returned or exchanged.
If you have placed an order and would like to make a revision, please inform us as soon as possible by contacting our customer support team using the contact form on our website or by telephone. We can make just about any change to your order if we are informed within one (1) business day from the time the order was placed. After this grace period, we cannot guarantee that the changes you request will not incur additional fees if the production process has already begun or if materials have already been consumed for your order. Order change fees are determined at the time of the requested changes and are based upon the products and materials in your order.
Customers who have placed their order(s) on HOLD will have sixty (60) days to resume their order(s). We reserve the right to cancel the order(s) and charge the customer a cancellation processing fee for each order cancelled after being on placed on HOLD by the customer for over sixty (60) days and contact with the customer cannot be established.
CustomCushions.com can accept order cancellations if the cancellation request is received by our staff within one (1) business day from the time the order was placed. All items appearing on this web site are custom made to customer specifications. Once the materials for your order have been cut or consumed they will no longer be suitable for use on any future orders. Therefore, we cannot guarantee that your order will be cancelled if a request is not sent to our staff within 24 hours of placing your order. If materials for your order have already been consumed within that time and you still wish to cancel your order, we will be required to charge you for any used materials and cancellation processing fees.
Item Alterations & Reworks
CustomCushions.com would like to ensure that all of our customers are happy with their purchase. Occasionally, customers will order an item incorrectly and require some alterations to the products they've ordered. We are happy to provide alteration and rework services whenever possible and will work with our customers to this effect, howerver, additional service fees and shipping charges may apply. While certain cushions are good candidates for alteration services, many items cannot be altered or reworked due to various factors including but not limited to the original dimensions, style and/or fabric selections. As a result of the many variables that dictate whether an item can be altered or reworked, the decision to accept or reject item alterations or reworks is left to the discretion of our designers. CustomCushions.com reserves the right to accept or reject requests for item alterations or reworks.
Claims for defective merchandise must be submitted to CustomCushions.com within five (5) business days of receiving the order. Returns of any defective products must be authorized by CustomCushions.com and must be accompanied with the proper documentation as requested by a customer support representative.
CustomCushions.com does not require a signature confirmation for most order deliveries; however, shipping companies may at their own discretion require an adult to be present to accept the shipment, require a signature confirmation to release the shipment or ask the person accepting the shipment to provide the delivery driver with photo identification.
Special Delivery Arrangements
CustomCushions.com does not have an influence over the routes and schedules of delivery companies, and therefore cannot make special arrangements for specific delivery times and dates. However, shipping companies may require that special delivery arrangements be made and may contact the customer directly to schedule a delivery at their own discretion using the contact information given to us by the customer.
Disclaimer: CustomCushions.com is not responsible for any additional shipping or storage fees resulting from the customer being unreachable to schedule a delivery using the contact information submitted to us or the customer being unavailable for a scheduled delivery.
Occasionally delivery of orders may be delayed due to situations outside of the control of CustomCushions.com and shipping companies. Incidents may include natural disasters, cases of extreme weather and other such situations that cannot be controlled by any of the parties involved. We apologize for any inconvenience that may be caused by delays of this nature.
Shipping Damage Claims
Once your order arrives, please inspect the packaging for any damage and open within two (2) business days after receiving it. If the packaging and/or product are damaged on arrival, please contact our customer support team within two (2) business days of receipt and submit detailed photos of the damaged product and packaging. Do not discard damaged packaging as it is required by the shipping carrier for inspection. Once we receive the photos of the damage, they will be submitted to our production and shipping departments for review. If the product was damaged during the shipping process we will be required to file a claim with the shipping carrier, at which point they will need to inspect the product as well as the damaged packaging so please do not discard the damaged packaging materials that your product arrived in.
Address Correction Fees
Address correction and/or redelivery fees incurred by CustomCushions.com as a result of an incorrectly entered address by the customer will be charged to the customer.
Shipping Call Tags
Call tags to pick up all or part of your order will be issued within three (3) business days of approval on a repair, return or reworking. You will receive an email with tracking information for the call tag and pick up instructions once the call tag is issued. Certain circumstances may require additional time to issue call tags.
Sales and Use Taxes
CustomCushions.com is obligated to collect and remit state sales taxes when shipping from a location from which we make an in-state shipment. If the delivery location of your order is within the state of California, your order will include a sales tax charge. State or local use taxes may still be owed for your online purchases, which we do not collect. Please consult your state revenue services to inquire about use taxes that you may be required to pay when making online or out-of-state purchases.
Credit Card Transactions
The charge applied to your credit card should match the total on your invoice confirmation email. If you see what looks like more than one charge on your credit card record within the first 48 hours after your order, it is almost certainly just more than one approval. This occurs when your credit card company confirms more than once that you have enough credit for your CustomCushions.com transaction. Ultimately there will be only one actual charge, and any extra approvals will disappear. You can confirm this with your credit card company. If your credit card company does indeed confirm more than one complete and finished charge ("settlements" in credit card company lingo), or if you have any other question about billing discrepancies, please contact our customer support team with any concerns.
Credit Card Data
As a security precaution, CustomCushions.com does not retain any financial information related to your order with the exception of the billing address information provided to us during the checkout process. All credit card specific information such as credit card numbers, expiration dates and security codes are immediately discarded after the checkout process has been completed. In the event that any additional charges need to be processed in order for us to prepare your order, one of our representatives will contact you to provide your credit card information over the telephone.
CustomCushions.com takes credit card fraud very seriously and will use every means at our disposal to prosecute any persons attempting to process a fraudulent credit card on this web site. Every transaction is reviewed in great detail and any suspected fraudulent transaction is immediately reported to all banking institutions involved as well as local and federal authorities.
The intentional reversing of credit card charges after receiving a product or service is considered a form of theft and will not be tolerated for any reason. Any wrongful, criminal or fraudulent chargeback will be reported to the proper authorities immediately, including but not limited to your credit card provider, your banking institution, our credit processing provider and your local and federal authorities.
CustomCushions.com will give you any necessary notices by posting them on the CustomCushions.com Site. You authorize CustomCushions.com to send notices via electronic mail as well if CustomCushions.com decides, in its sole discretion, to do so. You agree to check the CustomCushions.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the CustomCushions.com Site.
The CustomCushions.com Site may contain links to other web sites or resources. You acknowledge and agree that CustomCushions.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the CustomCushions.com Site does not imply that CustomCushions.com endorses the linked site.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this CustomCushions.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of CustomCushions.com. CustomCushions.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this CustomCushions.com Site by anyone other than authorized CustomCushions.com employees acting in their official capacities.
CustomCushions.com shall be excused from performance under this Terms of Service if CustomCushions.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of CustomCushions.com.
Disclaimer of Warranties
Although CustomCushions.com endeavors to provide current, accurate and reliable information on our web site, it does not warrant or make any representation regarding the events or the accuracy, reliability or any use of information on this web site. CustomCushions.com does not warrant that your use of the CustomCushions.com web site, or the operation or function of the CustomCushions.com web site, any component thereof, or any products, software or services offered in connection therewith, will be uninterrupted or error free: or that defects therewith will be corrected; or that this web site or it's server is free of viruses or other harmful elements.
Your use of the CustomCushions.com web site is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of this web site. CustomCushions.com and its suppliers make no representation about the suitability, reliability, availability, timeliness, and accuracy of the CustomCushions.com web site. The CustomCushions.com web site content is provided "as is" and "as available" without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third party rights, or fitness for any particular purpose.
Limitation of Liability
In no event shall CustomCushions.com and/or its suppliers be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the CustomCushions.com web site, the use or performance of the CustomCushions.com web site, the delay or inability to use the CustomCushions.com web site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the CustomCushions.com web site, or otherwise arising out of the use of the CustomCushions.com site, whether based on contract, tort, negligence, strict liability or otherwise, even if CustomCushions.com or any of its suppliers has been advised of the possibility of damages.
If you are dissatisfied with any portion of this web site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the CustomCushions.com web site. This sole and exclusive remedy is separate and independent of any other provision that limits CustomCushions.com's liability or your remedies.