Cushio's Terms and Conditions

PLEASE READ CAREFULLY BEFORE FINALIZING YOUR ORDER

Custom Return Policy

All products sold on Cushio.com is custom-made to the specification you provide and carry a no return policy. We have no way of reselling any bench cushions made to your custom specifications.

Customer Obligations:

• Cushio is not responsible for cushions the customer does not like because the fabric color or texture. We encourage you to order fabric samples or order a Sunbrella fabric swatch book before ordering your bench cushions if this is an important factor. Fabric samples are reasonably priced and nonrefundable.
• Cushio is not responsible for cushions that are produced correctly with incorrect information provided by the customer. Customers must be positive that the dimensions provided are accurate.
• Cushio 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 Cushio or by instruction given by one of our customer service representatives.
• Customers are responsible for any costs and delays associated with correcting mistakes made by the customer including all shipping charges (both to and from our manufacturing facility).
• Cushio offers the most popular fill options on the market today. Cushio is not responsible for cushions the customer thinks are not comfortable enough or does not like for some other subjective reason.
• It is important that you check for shipping damage prior to signing and opening your order. Photograph the damaged area and notify Cushio customer service within 2 business days.
• Cushio 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 and agrees to take responsibility and assumes the cost of correcting any mistakes.

Cushio Responsibilities

• Cushio is responsible for using the fabric(s) the customer has selected. If the wrong fabric is used on production, Cushio will remake the cushion at no cost to the customer and pay for all associated shipping cost.
• Cushio is responsible for creating a finished product within a certain tolerance, depending on the style selected:
  a. Foam or Cumuplush filled Cushions: Within one-half of an inch (1/2") of the dimensions (width, depth, thickness) provided by the customer - the customer must use our Standard Measuring Method
  
• Cushio is responsible for sewing the cushion(s) in the style selected by the customer.
• Cushio 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 Cushio within ten (10) working days of receiving the bench 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 production 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.
  

  By purchasing from Cushio, you agree to these terms and/or conditions and all applicable Alabama laws. Cushio specializes in custom bench cushions. By placing an order on Cushio.com represents that you agree to all of these terms and conditions.

  Order Changes

  Order changes cannot be accepted once your order is put into production and the fabric has been cut. However, if you order has not been cut, our customer service team will be glad to change your order. All applicable change fees and/or additional raw material charges will apply.

  Order Cancellations

  • Cushio accepts cancellations and order revisions up to one (1) business day from placing the 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, Cushio has the right to cancel the order(s) and charge the customer a $55 cancellation processing fee per order.
  • Cushio reserves the right, at its own discretion to accept change request or reject reworks if all terms & conditions have been met.

  Address Corrections/Redelivery Fees

  If Cushio incurs additional shipping costs and fees due to customer address entry error, the customer will be charged our exact cost from FedEx which is usually $11.00.

  Sales and Use Taxes

  Cushio 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.

  Product Listings

  Cushio 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, Cushio 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 Cushio 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. Cushio reserves the right to change the prices of products sold on this website at any time.

  Credit Card Charges, Debit Cards & Chargebacks

  All products and services on Cushio require 100 percent payment before we can do any work. This is due to the custom nature of our work. Cushio 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. Cushio 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.

  Cushio 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 track every transaction and will use all means available to prosecute persons attempting fraud.

  All prices are in USD (United States dollars). All credit card charges must be paid in USD. 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 Cushio 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 Cushio 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 Cushio 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 Cushio 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.

  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.