TERMS AND CONDITIONS
Effective date: __June 2020
Welcome to the Foamdepo website located on www.foamdepo.com (“Site” or “Website”).
This website is owned and operated by Foamdepo from United States. Throughout the Site, the terms “we”, “us”, “company”, “store”, and “our” refers to Foamdepo. We offer 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.
By visiting our site and/ or purchasing something (“Customer”) from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.
These Terms and any other Terms posted by Foamdepo on Foamdepo.com shall be governed by and construed in accordance with the laws of the State of California 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 Orders Return Policy
Due to the nature of Custom orders which are 100% tailor made for you, refunds and return requests are not accepted for Custom orders. We will work with you to achieve the desired result in your custom order product. Foamdepo does not stocks inventory or warehouse cushions or pillows, and we only market our products online. We are unable to re-sell Custom Order products.
- Foamdepo 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.
- Foamdepo 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.
- Foamdepo is not responsible for cushions the customer does not like due to the standard placement of fabric ties, seams, zippers, Foamdepo and/or law tags.
- Foamdepo 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 Foamdepo.
- Foamdepo 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).
- Foamdepo is not responsible for cushions the customer thinks are not comfortable enough or does not like for some other subjective reason.
- Foamdepo is not responsible for templates sent to us for use as custom cushion patterns. These templates become property of Foamdepo and will not be returned to the customer. Foamdepo 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 Foamdepo within two (2) business days. We require photographs (prior to opening) and all packaging materials in order to process the claim on your behalf.
- Foamdepo 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.
- Foamdepo is responsible for using the fabric(s) the customer has selected.
- Foamdepo is responsible for creating a finished product within a certain tolerance, depending on the style selected:
a. Standard Comfort Cushions: Within one-half of an inch (½”) of the dimensions (width, depth, thickness) provided by the customer
b. Deluxe Comfort Cushions: Within one-half of an inch (½”) of the dimensions (width, depth, thickness) provided by the customer
c. Optimal Comfort Cushions: Within one-half of an inch (½”) of the dimensions (width, depth, thickness) provided by the customer
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
- Foamdepo is responsible for sewing the cushion(s) in the style selected by the customer.
- Foamdepo 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 Foamdepo 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 Foamdepo deems that said cushion is, in fact, correct based on the customer’s order, the customer will be responsible for any costs Foamdepo incurs to return the cushion to the customer.
By purchasing from Foamdepo, you agree to these terms and/or conditions and all applicable laws. Foamdepo specializes in custom cushions. If you do not agree to these terms, please do not purchase from Foamdepo.
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.
- Foamdepo 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, Foamdepo 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, Foamdepo has the right to cancel the order(s) and charge the customer a $45 cancellation processing fee per order.
- Foamdepo reserves the right to accept or reject reworks at our own discretion.
Address Corrections/Redelivery Fees
If Foamdepo 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, an $11 delivery interruption fee to reroute, redelivery fees and any associated shipping charges.
Sales and Use Taxes
Foamdepo 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.
Foamdepo 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, Foamdepo 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 Foamdepo 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. Foamdepo 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.
- Foamdepo 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.
- Foamdepo is not responsible for invalid deals or codes posted by third-party sites.
- Foamdepo reserves the right to discontinue coupon codes at any time.
Credit Card Charges, Debit Cards & Chargebacks
All products and services on Foamdepo require 100 percent payment before we can do any work. This is due to the custom nature of our work. Foamdepo 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. Foamdepo 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.
Foamdepo 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 Foamdepo 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 Foamdepo 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 Foamdepo 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 Foamdepo 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.
Secure Shopping Guarantee
When you shop at Foamdepo, you do not have to worry about the safety of your credit card. Foamdepo guarantees that every transaction you make will be guarded and safe.
Foamdepo uses Secure Sockets Layer (SSL), an encryption technology that works with all major modern web browsers so that only Foamdepo can read a buyer’s personal information including all of your credit card information.
Multiple statistics back up that online purchases are statistically safer than using your credit card at a ‘walk-in’ retailer or department store. Information Technology experts state that online purchases are far safer than traditional credit card transactions because the information is immediately encrypted into a scrambled message that can only be decrypted by an authorized computer or server.
Under the Fair Credit Billing Act, all FDIC banking institutions bank cannot hold you liable for more than $50.00 of fraudulent charges. To completely make you comfortable with buying from our company, Foamdepo will cover all fraudulent activity that your bank will not up to $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 at Foamdepo while using the secure server.
In the event of unauthorized use of your credit card, you are required to immediately notify your credit card provider in accordance with its reporting rules and procedures.
The parent company of Foamdepo, Online Commerce Group, LLC, is a BBB Accredited Business since 2006.
This site holds the SysTrust or WebTrust Seal of assurance symbolizes that this site has been examined by an independent accountant. Further, the Seal represents the practitioner’s report (see below) on management’s assertion(s) that the entity’s business being relied upon is in conformity with the applicable Trust Services Principle(s) and Criteria.
The Trust Services Principles and Criteria is an international set of principles and criteria for systems and electronic commerce developed and managed jointly by the American Institute of Certified Public Accountants and the Canadian Institute of Chartered Accountants. By demonstrating compliance with Trust Services criteria through an examination by an independent practitioner, entities earn the right to display the seal of assurance.
The Seal of assurance combines high standards for identified activities with the requirement for an independent verification/audit. Together they build trust and confidence among consumers and businesses conducting business over the Internet.
The entity has earned the right to display the Seal of assurance with respect to the Trust Service Principle(s) of:
The WebTrust Seal of assurance for Certification Authorities (CA) symbolizes to potential relying parties that a qualified practitioner has evaluated the CA’s business practices and controls to determine whether they are in conformity with the AICPA/CICA WebTrust for Certification Authorities Principles and Criteria. An unqualified opinion from the practitioner indicates that such principles are being followed in conformity with the WebTrust for Certification Authorities Criteria. These principles and criteria reflect fundamental standards for the establishment and on-going operation of a Certification Authority organization or function.
Return and Shipping Policy
Custom orders, Special orders, and Close Out orders are NON RETURNABLE and CANNOT BE CANCELLED once placed due to the custom and made to order processes involved. Personalized or logo/company promotional cannot be returned for any reason.
Any problems or concerns with custom made products must be reported within 15 business days of receipt. Our workmanship is guaranteed within 6 months of receipt of your custom made product. Please contact customer service with your concerns. For more information, please read our Terms & Conditions.
If, for whatever reason, you are not completely satisfied with your purchase of a non-custom product (one not made to your specific dimensions and fabric choice), you may return UNUSED, RESALABLE, products to us for a refund, exchange, or company credit, provided you notify us to receive a Return Authorization code, and we receive the item back in our warehouse within 12 days of the original date of delivery. A restocking fee of 25% will apply.
International Orders shipped via a freight forwarder to points outside the continental United States are NON-RETURNABLE.
Order shortages, damages or discrepancies must be claimed within two (2) business days of receipt of order. All returns and refunds are subject to final approval from Foamdepo’s Customer Service Department. A 25% restocking fee may apply depending on the quantity and style of items being returned.
If an order is refused, shipping charges are non refundable and all restocking fees will still apply. If a customer refuses a package, they will be charged for any charges we incur in having the packages returned to us. If a customer refuses a personalized non-refundable item, they cannot receive any credits by simply refusing the delivery, and they will incur an additional charge for any return fees we incur after the package is refused. The refused package shall remain in the possession of Foamdepo until such time as the customer remits payment for us to send the item(s) again. If payment is not received within 30 days of the first failed delivery, then the item is forfeited.
Shipping charges are non refundable.
Damage in Shipping
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 during normal customer service hours. We will need photos of the damaged item, as well as photos of the box the damaged item was shipped in. Please email us images no larger than 300KB each. 4 × 6 photos can also be mailed to our corporate offices if you are unable to email them. We must have the images in order to notify the shipping company and file the necessary damage claims. After claim is presented to the shipping company, we will arrange to have damaged items and their packaging inspected, returned and replaced.
IMPORTANT: Please keep original shipping containers and packaging your item was received in, as they are needed for inspection.
Incorrect Shipping Information
Please verify shipping address(es) before placing your order(s). If incorrect shipping information is submitted, you will be responsible for any fees associated with redirecting your deliveries and/or lost merchandise.
Custom Orders & Close Out Items
Customized and Custom Made items cannot be returned. These are orders by which the customer chooses the color design, frame, custom cut fabric, logo/personalized products etc. Foamdepo will make a fair attempt to offer alternatives that address your concern. Items marked Close Out are not returnable – they are first quality but are no longer manufactured or stocked at Foamdepo. Close out and sale items are not returnable or exchangeable.
International Orders shipped via a freight forwarder to points outside the continental United States are NON-RETURNABLE.
STOCKED INVENTORY (non-custom): If you are unsatisfied with your purchase, our Customer Service Department will assist you within 3 business days with the proper return approval & shipping instructions. Items will be subject to a factory restocking charge of 25% depending on the quantity and style of items being returned. To avoid restocking fees, you can opt to send back your original purchase and exchange for equal or higher value exchange. Restocking fees are charged to handle our administration fees of the return which include but are not limited to the following: 1. the return authorization, 2. manual inventory update in our system, 3. receiving of the return, and 4. restocking in our warehouse.
Customers are responsible for returning the item in the original shipping containers and in saleable condition. Credit will be given for the price of the item only. Credit is not issued for shipping charges. If the return item was a part of the Free S&H promotion, the eligible refund amount will be the purchase price minus our shipping cost. Claims will not be made on items improperly or insecurely packaged. Credit will be issued when we receive the returned item in good condition at the factory.
To return items that meet our warranty guidelines, refer to our return procedures for complete instructions.
In order to process your warranty claim, please follow these procedures so that we may expedite our service to you:
- Notify Foamdepo of the concern with your product(s).
- A Foamdepo employee will assist you with processing your claim.
- If the concern is covered under warranty, Foamdepo will direct you to either return the product or part to our corporate HQ in Montgomery AL.
- The return will not be accepted without a Return Authorization Number that Foamdepo customer service representative will provide to you.
- You will be provided an address to which you can return your order. An entire replacement, replacement part, or repaired product will be sent to you after the return is verified by Foamdepo customer service representative.
- If a problem occurs after the warranty period, you may request a repair or replacement quote after inspection of the damage. Freight charges both ways will be your responsibility.
Cushion Source blends the latest visualization technology with superior customer service, allowing you the benefits of modern advancements paired with the human touch of real advice, personal experience and a dedication to translating your design dreams into a reality. We understand the uncertainty many people feel about ordering custom cushions online, and we strive to eliminate these anxieties through fabric samples, consultations with our in-house interior designers and a friendly, experienced voice on the other end of the line.
Our promise to you: Double-check your dimensions, and we’ll triple-check our quality. If we don’t exceed your expectations, we pledge to make it right as quickly as possible.
Custom means the right fit for you — the right size, the right style and the right quality.
The right size
Cushion Source makes cushions in any size and nearly any shape. If the custom cushions you ordered are not the right size, we want to make it right. If the error is on our part, we will fix or replace your cushions at no cost to you. If you entered the wrong dimensions while ordering, we will work with you to get you the lowest price possible on a cut-down or reorder.
The right style
Cushion Source offers hundreds of indoor and outdoor fabrics. To make sure you choose just the right fabric for your project, we offer low-cost fabric samples with fast shipping. We encourage all of our customers to order fabric samples if they aren’t certain about which fabric to choose, particularly if color matching is important for the project.
The right quality
Cushion Source uses only top quality materials on our cushions, pillows, drapes and more. From high-performance fabrics like Sunbrella and an array of fill options, to the expert craftsmanship from experienced seamstresses, you won’t find a better product anywhere.