Terms

Terms and Conditions

This website is operated by Replacement Cushions.  Throughout the site, the terms “we”, “us” and “our” refer to Replacement Cushions.  Replacement Cushions offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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

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.  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.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service.  You can review the most current version of the Terms of Service at any time on this page.   We reserve the right to update change or replace any part of these Terms of Service by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the website following the posting of the changes constitutes acceptance of the changes.

Customer Responsibilities

Replacement Cushions is not responsible for cushions the customer does not like due to the fabric color or texture not matching 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.

Replacement Cushions 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.

Replacement Cushions is not responsible for cushions the customer does not like due to the standard placement of fabric ties, Velcro, seams, zipper, Replacement Cushions and/or law tags.

Replacement Cushions 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 Replacement Cushions.

All cushions are allowed ½” tolerance of the dimensions (width, depth, thickness) provided by the customer.  This means each dimension may be either plus or minus ½” of the final dimension.

Replacement Cushions is not responsible for COVERS ONLY orders fitting the customer’s foam or fiber fills.  We can only make them to the specifications supplied; making them fit correctly is 100% the customer’s responsibility.

Replacement Cushions is not responsible for templates sent to us for use as custom cushion patterns.  These templates become the property of Replacement Cushions and will not be returned to the customer.  

Replacement Cushions 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.

Replacement Cushions will not be responsible nor will warranty any mold-related issues on the cushions.  Sunbrella fabrics are solution-dyed acrylic materials that will not retain mold, but mold can and will grow on the top of the material if conditions permit.  This can be simply resolved by washing your covers per Sunbrella.com care for your fabric’s page.  If there is an issue with fabrics covered by Sunbrella’s warranty, foam inserts will not be included.  Only the cushion covers will be replaced with the exact fabric.  No Exceptions.  Return of inserts back to us will be the customer’s responsibility (including the cost of shipping).

Replacement Cushions is not responsible for cushions the customer thinks are not comfortable enough or does not like for some other subjective reason.

It is the customer’s responsibility when receiving the package to check for shipping damage prior to opening.   Photograph the damaged area and notify Replacement Cushions within 3 business days.  We require photographs (prior to opening and all packaging materials in order to process the claim on your behalf.

Customers are responsible for any costs and delays associated with correcting mistakes made by the customer including all shipping charges (both ways).

Replacement Cushions is not responsible for any damages caused by improper care and maintenance by the customer.

If a customer has any issue with the cushions such as incorrect size, fabric issue, etc. the issue must be addressed within 3 days of receipt of your order.  Replacement Cushions will not be responsible for any mistakes after 3 days.

Replacement Cushions does not take any responsibility, nor will it warranty any cushions that the customer has supplied the fabric (C.O.M. - Customer’s Own Material) regardless of the material brand such as Sunbrella).  No exceptions.  

Replacement Cushions 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 custom mistake in ordering, the customer acknowledges responsibility and assumes the cost of correcting any errors.

Fabric/Product Images

Replacement Cushions will strive to provide our customers with the most accurate representation of our fabric selections.  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.  

Replacement Cushions can provide fabric swatches that are reasonably priced to help ensure there is no confusion with regard to the color and texture of the fabrics.  We encourage customers to order sample swatches of fabrics prior to placing their order for cushions or pillows by contacting our Customer Service Department.

Fabric Dye Lots

Most of the fabrics that we offer in our collection are dyed in lots during the production process and may have slight variations in color from lot to lot.  While most orders are cut from the same roll of fabric or several rolls for the same dye lot, Replacement Cushions cannot guarantee an exact match in color in multiple cushions if ordered separately over an extended period of time.

Fabric Color Matching

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.  Replacement Cushions cannot guarantee an exact match in color or existing cushions, pillows or umbrella canopies.

Shipping

We ship with FedEx or UPS (No Signature Required). We are not responsible for lost or stolen merchandise once FedEx or UPS tracking indicates that your package(s) have been delivered.

UPS/FedEx Shipments:

This method applies to items small enough to be handled by these carriers. You will be able to track your delivery using FedEx or UPS tracking numbers at FedEx.com or UPS.com.

Freight Delivery:

Freight delivery is used for merchandise that is too large for small package carriers such as FedEx or UPS. Deliveries will be made during normal business hours (Monday through Friday) and the freight carrier will contact you in advance to schedule a time for delivery. The merchandise will be dropped off on the driveway of the house and it is the customer’s responsibility to move the items to your desired location.

Please check your order immediately upon receipt and notify us if the item has been damaged. Please report the damage within 48 hours to our Customer Service Department. We will need photos of the damaged item and photos of the box the damaged item was shipped in. We must have the images in order to notify the shipping company and file the necessary damage claims. After the claim is submitted to the shipping company, we will arrange to have damaged items and their packaging inspected, returned and replaced.

Incorrect Shipping Information:

Please verify your shipping address before placing your order. If the incorrect shipping information is submitted, you will be responsible for any fees associated with redirecting your delivery and/or lost merchandise.

Shipping charges are non-refundable. Any refused shipment charges will be the customer’s responsibility.

Residential Warranty

Replacement Cushions offers a 1-year Limited Warranty on the quality of the craftsmanship and construction of the cushion.  Warranty starts from the date of delivery.  The 1-year Limited warranty on the workmanship offers coverage for zippers, stitches and other components against any manufacturing defect.  Sun damage, dry cleaning, not recommended chemicals and wear & tear not related to the everyday use of our products is not covered under the 1-year warranty.  Accidental, intentional, wind damage or any issues arising for reasons other than previously listed are not covered under our 1-year Limited warranty.  Cushion Fabric is covered under the Sunbrella warranty.  Sunbrella fabrics in our collection carry a separate 5-year Limited warranty which protects against Sunbrella fabric becoming unserviceable due to color or strength loss from normal usage and exposure conditions.  Sunbrella’s warranty covers the fabric only; therefore, a cover only will be made.  New cushion fill and shipping cost is not covered under the limited warranty.  This warranty is not transferable to any third party and applies only to the original purchaser.  This warranty excludes any products using C.O.M. (Customers Own Material) fabric.  The judgment of Replacement Cushions will be final as to all matters concerning the condition, cause and nature of the product defect.

Payment

We accept Visa, MasterCard, American Express, Discover and PayPal.  Payment is required to be paid in full at the time of the purchase.  It is the customers’ responsibility to ensure we have all the correct information to proceed with the order. 

Credit Card Transactions

The charge applied to your credit card should match the total on your invoice confirmation.   If you have any other questions about billing discrepancies, please contact our customer service support team with any concerns.

Credit Card Data

As a security precaution, Replacement Cushions 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 team representatives will contact you to provide your credit card information over the phone.

Fraudulent Transactions

Credit card fraud is a felony and Replacement Cushions takes fraud very seriously.  To threaten a chargeback to alter the purchase price after an order is placed is extortion, which is a felony and a federal offense.   We will report any wrongful and fraudulent charges to all banking institutions involved as well as local and federal authorities at http://www.ic3.gov.  We will us use every means at our disposal to prosecute any person attempting to process a fraudulent credit card on this website.