Terms & Conditions
Cushion Purchase Terms and Conditions
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 Tennessee 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 custom-made to order only for you. Therefore, The Replacement Cushion does not accept returns. The Replacement Cushion 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.
- The Replacement Cushion 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 are sent by 1st class mail.
- The Replacement Cushion 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.
- The Replacement Cushion is not responsible for cushions the customer does not like due to the standard placement of fabric ties, seams, or tags.
- The Replacement Cushion 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 The Replacement Cushion.
- The Replacement Cushion is not responsible for cushions the customer thinks are too thin or too thick even though they are made correctly based on the dimensions and standard tolerance listed by TheReplacementCushion.com website.
- The Replacement Cushion is not responsible for cushions the customer thinks are not comfortable enough or does not like for some other subjective reason.
- It is up to the customer receiving the package to check for shipping damage prior to opening. Photograph the damaged area and notify the delivering carrier, Fedex, within two (2) business days. They require photographs (prior to opening) and all packaging materials in order to process the claim on your behalf.
- The Replacement Cushion 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.
The Replacement Cushion Responsibilities
- The Replacement Cushion is responsible for using the fabric(s) the customer has selected.
- The Replacement Cushion is responsible for creating a good quality finished cushion to its advertised size and within our industry standard tolerance of 1/2 inch:.
- The Replacement Cushion is responsible for the costs of correcting any mistakes that we make if we fail to correctly produce cushions as advertised and requested by the customer, provided that:
a. The customer notifies The Replacement Cushion and provides pictures within ten (10) 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. Unless otherwise instructed, 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.
- If a customer follows procedure to return a cushion and The Replacement Cushion deems that said cushion is, in fact, correct based on the customer's order, the customer will be responsible for any costs The Replacement Cushion incurs to return the cushion to the customer.
By purchasing from The Replacement Cushion, you agree to these terms and/or conditions and all applicable laws. The Replacement Cushion specializes in standard size cushions covered with your choice of fabric from our large fabric selection inventory. If you do not agree to these terms, please do not purchase from The Replacement Cushion.
EVERY cushion we manufacture is considered made-to-order, or custom. We only make cushions based on the instructions that our customers provide to us at the time an order is placed.
Order changes may not 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.
- The Replacement Cushion 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.
- In the event that a customer selected fabric is out of stock with a restocking date, the customer has three options:
1. Wait for the original fabric choice to be available again.
2. Choose a different fabric to replace the original one.
3. Cancel the order and receive a full refund.
- The Replacement Cushion reserves the right to accept or reject reworks at our own discretion.
Sales and Use Taxes
The Replacement Cushion 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.
The Replacement Cushion does its best to achieve 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, The Replacement Cushion 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. Any hyperlinks to other websites from The Replacement Cushion 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. The Replacement Cushion reserves the right to change the prices of products sold on this website at any time.
Gift Certificates & Discounts
The Replacement Cushion does not run sales nor offer or accept gift cards or coupons.
Volume discounts are available on commercial sales of 50 identical units or more by email: firstname.lastname@example.org
Credit Card Charges
All products and services on The Replacement Cushion require 100 percent payment before we can do any work. This is due to the custom nature of our work. The Replacement Cushion 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.
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 The Replacement Cushion 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 The Replacement Cushion 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 The Replacement Cushion 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.
- 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.
- We accept only those credit cards mentioned on the product ordering screens as the payment options for your purchase.