Cushion Source Terms and Conditions

PLEASE READ THE FOLLOWING TERMS OF PURCHASING AND DISCLAIMERS CAREFULLY BEFORE PLACING YOUR ORDER

100% RISK FREE GUARANTEE

Cushion Source Terms and Conditions

PLEASE READ THE FOLLOWING TERMS OF PURCHASING AND DISCLAIMERS CAREFULLY BEFORE PLACING YOUR ORDER

RETURN POLICY

It is very important to note that because 100% of what we make and ship is 'custom', CushionSource does NOT accept returns for product produced which meet the specifications provided to us by the customer. CushionSource does not inventory or warehouse any cushions or pillows and we only market our products online. This means we have no way of reselling any cushions made to your custom specification to satisfy the widely varying specifications of other customer requirements.

CushionSource IS NOT responsible for cushions because the customer does not like the fabric color or texture because it does not match the color on their computer monitor or other fabrics at their location. In the event you are not 100% sure of the color of the fabric as it is displayed on your screen, we encourage you to order fabric samples before ordering. Fabric samples do come with a limited rebate for the base cost of the samples. See the fabric samples page for more information on this rebate. Fabric samples are non-refundable due to labor cost to get the fabric sample ready + shipping & handling expenses.
CushionSource IS NOT responsible for cushions that are made correctly with incorrect information provided by the customer. Customers must be 100% certain that the dimensions provided are accurate.
CushionSource IS NOT responsible for cushions because customers do not like the standard placement of fabric ties, seams and/or zippers.
CushionSource IS NOT responsible for cushions because customers think a cushion is too thin or not thick enough even though they are made correctly based on the dimensions provided by the customer.
CushionSource IS NOT responsible for cushions because customers think that the cushions are not comfortable enough or do not like the cushions for some other subjective reason.
CushionSource is more than willing to address any of these issues in a courteous, professional and timely manner to help the customer achieve the desired results but only when customers acknowledge responsibility and assume the costs of correcting any mistakes.
CushionSource IS responsible for reworking or replacing cushions made with the incorrect fabric(s).
CushionSource IS responsible for reworking or replacing cushions when the dimensions vary more than three-eighths of an inch (3/8") from the dimensions provided by the customer.
CushionSource IS responsible for reworking or replacing cushions when cushions are made in the wrong style, e.g. boxed instead of double cording, stripes in the fabric are in the wrong direction, etc.
CushionSource IS responsible if cushions arrive damaged in some manner and this damage has been noted with the delivery service provider when product is delivered. It is up to the customer receiving the package to check for damage prior to signing. If you sign for you package(s) without noting box or product damage, it makes it very difficult for us to file a claim on your behalf.

This agreement shall be governed by and construed in accordance with the laws of the State of Alabama without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Customer Responsibility

Customers are responsible for providing all the accurate information needed to accurately make the cushions ordered.
Customers need to be certain of the accuracy of the fabric(s) selected and understand that due to variations in light source, monitor quality, etc., beyond our control we can not guarantee that a fabric will look exactly like it does on our web site in terms of color, repeat, etc. If you want precise color matching, please order fabric samples .
Customers need to be certain that the exact dimensions of the cushion(s) to be made have been accurately provided. Cushion Source will provide a cushion that has been cut to within three-eighths of an inch (3/8") of the dimensions provided by the customer.
Customers need to be certain of the accuracy of the style of sewing construction that has been selected.
Customers acknowledge that thickness is defined as the measurement from the top of the cushion to the bottom of the cushion, and not the measurement of any side banding.
Customers need to be certain that all ship to address information is correct including the zip code. Cushion Source does not ship to PO Boxes.
Customers are responsible for any costs and delays associated with correcting mistakes made by the customer.

CushionSource Responsibility

Cushion Source is responsible for using the fabric(s) the customer has selected.
Cushion Source is responsible for cutting the fabric to within three-eighths of an inch (3/8;") of the dimensions provided by the customer.
Cushion Source is responsible for sewing the cushion(s) in the style selected by the customer.
Cushion Source is responsible for the costs of correcting any mistakes that we make if we fail to correctly produce cushions using the correct information provided by the customer, provided that:

The customer notifies Cushion Source within five (5) working days of receiving the cushion(s).
The customer acknowledges that we reserve the right to rework any cushions to correct our mistakes.
The customer makes the cushion(s) available for a pickup by a ground carrier that we schedule.
Cushions that are brought back to our facility for rework will not have been used in any way and arrive back at our facility in the same condition as when they were shipped. This means no stains, pet hair, cigarette or other odors, etc.

By purchasing from CushionSource.com, you agree to these terms and/or conditions and all applicable laws. CushionSource.com specializes in custom cushions and commits to use the fabric(s) you select to make cushions in the style you select and within three-eighths of an inch (3/8") of the dimensions you provide. If you do not agree to the following terms, please do not purchase from CushionSource.com.

EVERY cushion we manufacture is considered “made to order”, or custom, as we only make cushions based on the measurements that our customers provide to us at the time an order is placed. Our 100% risk-free guarantee is based on two simple principles:

Order Changes

Order changes cannot be accepted after one business day of receiving the order, unless the customer agrees to pay the order change fees. These fees varies by order depending on how much product was ordered and material used.

Cancellations:

CushionSource.com accepts cancellations and order revisions up to one business day from placing of the order. There are some exceptions to this depending if the order is already in the production process (i.e. fabric cutting, etc). All cushions and pillow products appearing on this web site are made-to-order using customer specifications. Once a custom order is in production and the fabric has been cut to your specifications, the fabric is no longer suitable for use on any future orders and the order cannot be cancelled without a cancellation fee. These fees varies by order depending on how much product was order and material used.

Product Listings

Cushion Source strives for accuracy in all item descriptions, photographs, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Cushion Source shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from Cushion Source are provided as resources to customers looking for additional information and/or professional opinion. Cushion Source does not assume responsibility for the claims and/or representations made on these or any other websites.

Credit Card Charges, Refunds & Chargeback’s

All products and services on Cushion Source require 100% payment before we can do any work. This is largely due to the custom nature of our work. Cushion Source does not retain any credit card information from the checkout process (except billing address information). This is for your security and ours. As a result, if we require additional payments we may require you to give your credit card information over the phone.

Our card processor attempts to run a temporary transaction on all credit transactions. If this fails, the transaction is not processed. In some rare cases, users with debit card transactions that are declined may see money deducted from their account by their financial institution to cover the temporary authorization. As the transaction was never completed we cannot issue any refunds. Cushion Source and Online Commerce Group, LLC. cannot be held liable for any bank charges caused by this. Debit card users assume the full risk. If you wish to know if this will apply to you, please see your financial institution’s terms and conditions governing credit transactions on your debit card.

Refunds are only available for sixty(60) days from the time of the original transaction. Afterwards we can only issue you a check for the amount, minus any processing fees we incurred. You may also elect to receive store credit for the full amount. Refunds can only be issued after being approved by a representative of Cushion Source. Refunds to a credit card are simply reversed to that card and typically take two to three business days to complete. Cushion Source cannot be held responsible for the speed of a refund of any kind. See your financial institution’s rules and regulations as to how refunds are processed.

We guarantee that every online transaction you make will be 100% safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping at our online store. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

CushionSource.com takes unwarranted credit card chargeback’s very serious. A criminal or fraudulent chargeback is when the credit card holder orders and receives products or services, then intentionally reverses the charge through their card-issuing bank stating that they did not place or receive the order. In almost all cases, the order is requested for delivery without a signature, as proof-of-delivery allows the merchant to successfully dispute the chargeback. Online/mail-order merchants who are unable to obtain a printed signature from the customer are the victims. Please note that charging back an order when that order was shipped and received is a theft. Fraudulent charge backs hurt honest customers by forcing online merchants to raise prices to cover cost or delay shipping when a request is made to ship without a signature.

All credit card charges will appear as OCGLLC on your credit card statement.

We report all wrongful or fraudulent charge backs to your local police, your local bank, our merchant service (credit card processing company) and the Federal Bureau of Investigations Department of Justice at www.IFCCFBI.gov . Credit card fraud is a felony and we will aggressively prosecute anyone attempting to misuse a credit card number. We track every transaction and will use all means available to prosecute persons attempting fraud.

CushionSource.com reserves the right to change the prices for cushions sold on this web site at any time. All prices are in U.S. Dollars. All credit card charges must be paid in U.S. dollars;

The term "credit card holder" as used in these terms and conditions is defined as the person or entity in whose name the credit card was issued by the bank or financial institution that appears on the credit card. When you complete an online purchase from CushionSource.com using a credit card for payment, you agree to the following terms and conditions:

By providing a credit card and billing address for that card, you represent that you are the credit card holder or that you are an authorized representative of the credit card holder.
If you are not the credit card holder, you agree to notify the credit card holder of the purchase before making the purchase, and you represent to CushionSource.com that you have made the credit card holder aware of the purchase in advance.
Should you have a problem with your purchase, you will contact CushionSource.com to allow us to resolve the problem before contacting either the financial institution that issued the credit card or the credit card company.
To threaten a chargeback to alter purchase price after an order is placed is extortion; it is a felony and a Federal offense. Fraudulent use of credit cards will be investigated and reported to your local police, your local bank, our merchant service and the Federal Bureau of Investigations Department of Justice at www.IFCCFBI.gov . We will prosecute to the full extent of the law. All phone calls and online orders at CushionSource.com are time stamped and digitally recorded for quality control.
We do address verifications for every credit card. Orders that request delivery to an unverified address will require that we contact the actual owner of the credit card by phone. These phone numbers are obtained from sources other than the order itself.
An unauthorized credit card charge back after an order has been placed is known as friendly fraud or chargeback abuse, even if you are the owner of the card, it is theft and still fraud. We will dispute the chargeback with proof of delivery and, as required, file a report with the police, FBI, and the following credit reporting agencies that will negatively effect your credit history: Equifax and Experian
Original orders processed in error, improper address, wrong phone number, declined or expired card, etc. will require that new order only be shipped to the billing address of the credit card.
We accept only those credit cards mentioned on the product ordering screens as the payment options for your purchase.