PLEASE READ THE FOLLOWING TERMS OF PURCHASING AND DISCLAIMERS CAREFULLY BEFORE PLACING YOUR ORDER
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.
Custom Return Policy
Your product is 100 percent custom-made to order only for you. Therefore, Cushion Source® does not accept returns. We will work with you to achieve the desired result in your product. Cushion Source® does not inventory or warehouse cushions or pillows, and we only market our products online. We have no way of reselling any cushions made to your custom specifications.
- Cushion Source® is not responsible for cushions the customer does not like because the fabric color or texture does not match the color on their computer monitor or other fabrics at their location. We encourage you to order fabric samples before ordering cushions if this is a critical factor in your choice. Fabric samples are reasonably priced and nonrefundable.
- Cushion Source® 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.
- Cushion Source® is not responsible for cushions the customer does not like due to the standard placement of fabric ties, seams, zippers, Cushion Source® and/or law tags.
- Cushion Source® is not responsible for cushions the customer thinks are the wrong size because they are measuring differently than our website instructs - customer must measure as directed by Cushion Source®.
- Cushion Source® is not responsible for cushions the customer thinks are too thin or too thick even though they are made correctly based on the dimensions provided by the customer.
- Customers are responsible for any costs and delays associated with correcting mistakes made by the customer including all shipping charges (both ways).
- Cushion Source® is not responsible for cushions the customer thinks are not comfortable enough or does not like for some other subjective reason.
- Cushion Source® is not responsible for templates sent to us for use as custom cushion patterns. These templates become property of Cushion Source® and will not be returned to the customer. Cushion Source® does not accept old shells to use as templates.
- It is up to the customer receiving the package to check for shipping damage prior to opening. Photograph the damaged area and notify Cushion Source® within two (2) business days. We require photographs (prior to opening) and all packaging materials in order to process the claim on your behalf.
- Cushion Source® 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. If the error is due to a customer mistake in ordering, the customer acknowledges responsibility and assumes the cost of correcting any mistakes.
Cushion Source® Responsibilities
- Cushion Source® is responsible for using the fabric(s) the customer has selected.
- Cushion Source® is responsible for creating a finished product within a certain tolerance, depending on the style selected:
a. Standard Comfort Cushions (includes CumuPlush and Foam + Top Batting fills with or without buttons): Within one-half of an inch (½") of the dimensions (width, depth, thickness) provided by the customer - the customer must use our Standard Measuring Method
b. Deluxe Comfort Cushions (includes CumuPlush + Batting and Foam + Batting fills with or without buttons): Within one-half of an inch (½") of the dimensions (width, depth) provided by the customer, Within one-half of an inch (½") to two inches (2") of the dimensions (thickness) provided by the customer - the customer must use our Deluxe Measuring Method
c. Optimal Comfort Cushions (includes Optimal Comfort fill with or without buttons): Within one-half of an inch (½") of the dimensions (width, depth) provided by the customer, Within one-half of an inch (½") to one inch (1") of the dimensions (thickness) provided by the customer - the customer must use our Optimal Measuring Method
d. Tufted Style Cushions (i.e. Direct/Blow fill only with dart tacks, circle tacks, or buttons): Within two inches (2") of the dimensions (width, depth, thickness) provided by the customer - the customer must use our Tufted Measuring Method
e. Drapes: Within one inch (1") of the dimensions (length) 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 information provided by the customer, provided that:
a. The customer notifies Cushion Source® within five (5) working days of receiving the cushion(s).
b. The customer acknowledges that we reserve the right to rework any cushions to correct our mistakes.
c. The customer makes the cushion(s) available for a pickup by a ground carrier that we schedule after receiving confirmation from the customer that the cushion is ready for pick up.
d. 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.
- If a customer follows procedure to return a cushion and Cushion Source® deems that said cushion is, in fact, correct based on the customer's order, the customer will be responsible for any costs Cushion Source® incurs to return the cushion to the customer.
By purchasing from Cushion Source®, you agree to these terms and/or conditions and all applicable laws. Cushion Source® specializes in custom cushions. If you do not agree to these terms, please do not purchase from Cushion Source®.
EVERY cushion we manufacture is considered made-to-order, or custom. We only make cushions based on the measurements that our customers provide to us at the time an order is placed.
Order changes cannot be accepted after one (1) business day of receiving the order, unless the customer agrees to pay the order change fees. These fees vary by order depending on products and materials.
- Cushion Source® accepts cancellations and order revisions up to one (1) business day from placing the order. There are some exceptions to this, depending on if the order is already in the production process (i.e. fabric cutting, etc.). All cushion and pillow products appearing on this website 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 canceled.
- Customers will have ninety (90) days to submit their template(s) or COM (customer's own material) for orders with such requirements. If a customer does not respond to our contact attempts within these 90 days, Cushion Source® has the right to cancel the order(s) and charge the customer a $45 cancellation processing fee per order.
- Customers will have ninety (90) days to resume or cancel their order(s) once they have placed their order(s) on HOLD. If a customer does not contact us or respond to our contact attempts within these 90 days, Cushion Source® has the right to cancel the order(s) and charge the customer a $45 cancellation processing fee per order.
- Cushion Source® reserves the right to accept or reject reworks at our own discretion.
Address Corrections/Redelivery Fees
If Cushion Source® incurs additional shipping costs and fees due to customer address entry error, the customer will be charged for the additional costs, including but not limited to an $11 address correction fee, a $11 delivery interruption fee to reroute, redelivery fees and any associated shipping charges.
Sales and Use Taxes
Cushion Source® collects and remits sales tax only for places where we have a physical nexus, in accordance with Federal law. If we do not collect any taxes for your location, you may still owe state use taxes on your purchases. Consult your state department of revenue about any taxes you might owe on your purchases.
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. 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. Hyperlinks to other websites from Cushion Source® are provided as resources to customers and we do not assume responsibility for the claims and/or representations made on these or any other websites. Cushion Source® reserves the right to change the prices of products sold on this website at any time.
Gift Certificates & Discount Codes
- Gift certificates cannot be redeemed for purchases of gift certificates or cards.
- Gift certificates and discount codes cannot be combined with other gift certificates or discount codes.
- Only one (1) promotional code can be used during checkout.
- Gift certificates cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any account.
- Cushion Source® is not responsible if a gift certificate is lost, stolen, destroyed or used without permission.
- Gift certificates and discount codes cannot be applied to previously placed orders.
- Cushion Source® is not responsible for invalid deals or codes posted by third-party sites.
- Cushion Source® reserves the right to discontinue coupon codes at any time.
Credit Card Charges, Debit Cards & Chargebacks
All products and services on Cushion Source® require 100 percent payment before we can do any work. This is 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 institutions terms and conditions governing credit transactions on your debit card.
Cushion Source® takes unwarranted credit card chargebacks very seriously. 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 product or service. Issuing a chargeback on an order when the order was shipped and received is considered theft. All credit card charges will appear as OCGLLC on your credit card statement.
Credit card fraud is a felony. We may report any wrongful or fraudulent chargebacks to your local police, your local bank, our merchant service (credit card processing company) and the Federal Bureau of Investigations Department of Justice at http://www.ic3.gov. 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.
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 Cushion Source® 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 represent to Cushion Source® 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 Cushion Source® within five (5) business days 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, which 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 http://www.ic3.gov. We rightfully can prosecute to the full extent of the law. All phone calls and online orders at Cushion Source® 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 chargeback 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 fraud. We will dispute the chargeback and, as required, file a report with the police, FBI and the following credit reporting agencies that will negatively affect your credit history: Equifax and Experian.
- Original orders processed in error, with improper address, a wrong phone number, a declined or expired card, etc., require that a 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.