TERMS & CONDITIONS

LEAD TIMES

Cush-Living.com provides an estimated lead time required to produce any custom-made products. The posted lead time is calculated as the current average time required by our production facility to complete orders from the time they were placed and does not include any time required for shipping. The posted lead time is subject to change without notice and should only be considered an estimation of current production speeds at the time the order was placed.

Orders are processed in the order they are received. Lead times may vary depending on the time of year. We cannot promise completion dates or an exact ship date. You will receive an email with UPS tracking when your order has shipped.

Production time can be between 4-10 weeks.

USER COMMITMENT

Customers ordering cushions are required to follow the measuring guides provided on this website to obtain the measurements required by our designers to produce your cushions correctly.

OUR COMMITMENT

Cush-Living.com is obligated to design and produce cushions, pillows, poufs, pet beds, table & umbrellas in the fabric, trimming and filling options selected by the customer and in the dimensions provided by the customer. **NOTE that all products are deemed acceptable within the tolerances established:

Seat/back cushions

Pillows

Tabletop

Pet beds

Poufs

Umbrellas

= +/- ½ “

= +/- ½” to 1½”

= = +/- ½”

Cush-Living.com is not responsible for products that were made correctly based on the dimensions supplied by the customer, in accordance with our measuring guides, and have finished dimensions that fall within the tolerances established as noted in the terms and conditions.

FABRIC IMAGES

Although we have made every effort to provide our customers with the most accurate representation of our fabric selection, 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.

Disclaimer: Cush-Living.com is not responsible in any way for products that were made correctly according to the information supplied by the customer that a customer is unhappy with for subjective reasons such as color preference or material comfort. Fabric swatches are available in our Fabric Shop and are very reasonably priced (or FREE) to help ensure there is no confusion with regards to the color and texture of fabrics and we encourage customers to order sample swatches of fabrics prior to placing their order.

FABRIC DYE LOTS

The majority of fabrics in our collection are dyed in lots during the production process and may have a slight variation in color from lot to lot. While most orders are cut from the same roll of fabric or several rolls from the same dye lot, Cush-Living.com cannot guarantee an exact match in color if multiple cushions are ordered separately over an extended period of time.

COLOR MATCHING

While the 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. As such, Cush-Living.com cannot guarantee an exact match in color to existing cushions, pillows or patio umbrellas.

PRODUCT IMAGES

The digital images used in our design process are computer generated images. These computer generated images are meant to serve only as examples of what your product will resemble when complete and are not actual photographs of the items you will be receiving. As a result of shading methods used, the colors in our product images may appear slightly different than the color of the actual cushion material. Further, the scale of a pattern displayed in a digital image may vary from the actual product. For this reason, we encourage you to request fabric swatches prior to final placement to ensure clarity on color, scale, texture and general fabric appearance.

Cush-Living.com is not responsible in any way for products that were made correctly according to the information supplied by the customer that a customer is unhappy with for subjective reasons such as comfort level. Filling samples are readily available upon request to help ensure there is no confusion with regards to the density and comfort of the filling used in our cushions and we encourage customers to contact us to request samples of our filling options prior to placing their order for cushions or pillows.

TIES

Cush-Living.com can make changes to our standard tie placements for an additional processing and handling fee. Customers are required to provide templates indicating exact tie locations for cushions requiring tie placement changes.

Lead times for orders with tie placement changes will begin upon receipt of the customer supplied template and may be extended beyond our posted lead times due to additional processing requirements.

ZIPPERS

Zippers are included on all of our cushions except waterfall edge seat pads that are completely round or have fully rounded backs, hinged chair cushions, hinged chaise cushions or throw pillows.

PRICING

Prices displayed on this web site are in U.S. dollars. Cush-Living.com reserves the right to adjust or change the price of any product that appears on this web site at any time and without notice.

SALE DISCOUNTS

Sale discounts are subject to change without notice and cannot be applied retroactively to orders that have already been placed.

DISCOUNT CODES

Discount codes provided on this web site expire after a predetermined date and cannot be used retroactively, extended, renewed or replaced for any reason. Once the date of expiration for a discount code has passed it will no longer be useable on this web site.

Cush-Living.com is not responsible for lost or stolen codes or discount codes that have been used without permission. Discount codes are not applicable to C.O.M. items or items made according to customer template.

PAYMENT

Cush-Living.com is a custom shop and all of the products and services that appear on our web site are completely tailor made to customer specifications. As such, we require payment in full prior to beginning the production process of any order.

RETURNS AND EXCHANGES

Every product appearing on this web site is custom-made according to customer specifications, including fabric colors, sizes and/or other custom attributes, and therefore cannot be returned or exchanged.

ORDER CHANGES

If you have placed an order and would like to make a revision, please inform us as soon as possible by contacting our customer support team using the contact form on our website or by telephone. We can make just about any change to your order if we are informed within one (1) business day from the time the order was placed. After this grace period, we cannot guarantee that the changes you request will not incur additional fees if the production process has already begun or if materials have already been consumed for your order. Order change fees are determined at the time of the requested changes and are based upon the products and materials in your order.

ORDER HOLDS

Customers who have placed their order(s) on HOLD will have sixty (60) days to resume their order(s). We reserve the right to cancel the order(s) and charge the customer a cancellation processing fee for each order cancelled after being on placed on HOLD by the customer for over sixty (60) days and contact with the customer cannot be established.

ORDER CANCELLATIONS

Cush-Living.com can accept order cancellations if the cancellation request is received by our staff within one (1) business day from the time the order was placed. All items appearing on this web site are custom made to customer specifications. Once the materials for your order have been cut or consumed they will no longer be suitable for use on any future orders. Therefore, we cannot guarantee that your order will be cancelled if a request is not sent to our staff within 24 hours of placing your order. If materials for your order have already been consumed within that time and you still wish to cancel your order, we will be required to charge you for any used materials and cancellation processing fees.

ITEM ALTERATIONS & REWORKS

Cush-Living.com would like to ensure that all of our customers are happy with their purchase. Occasionally, customers will order an item incorrectly and require some alterations to the products they’ve ordered. We are happy to provide alteration and rework services whenever possible and will work with our customers to this effect, however, additional service fees and shipping charges may apply. While certain cushions are good candidates for alteration services, many items cannot be altered or reworked due to various factors including but not limited to the original dimensions, style and/or fabric selections. As a result of the many variables that dictate whether an item can be altered or reworked, the decision to accept or reject item alterations or reworks is left to the discretion of our designers. Cush-Living.com reserves the right to accept or reject requests for item alterations or reworks.

DEFECTIVE MERCHANDISE

Claims for defective merchandise must be submitted to Cush-Living.com within five (5) business days of receiving the order. Returns of any defective products must be authorized by Cush-Living.com and must be accompanied with the proper documentation and measurement photos as requested by a customer support representative. Once a claim has been initiated, our customer support team will email you a list of required documentation and instructions on taking correct measurement photos.

PRODUCT WARRANTY

Cush Living. offers a one-year limited warranty on all of our cushions, pillows and umbrella covers. The one-year limited warranty begins on the date of purchase. Cush-Living.com warrants that the cushions and other products sold shall be free of any defects in materials and workmanship if used under normal and proper usage and conditions. The word “defects” as used in this warranty is defined as imperfections which impair the utility of the product. The judgment of Cush-Living.com will be final as to all matters concerning the condition, cause and nature of product defects.

The warranty does not cover products affected by abuse, misuse, negligence, vandalism, improper cleaning (see cleaning instructions), lack of maintenance, expansion or shrinkage after delivery. This warranty also does not cover wind damage to an umbrella and/or umbrella cover. Should any materials or workmanship prove defective within the 6 month period, Cush-Living.com, will repair or replace, at its sole discretion the defective product. This warranty is not transferable to any third party and applies only to the original purchaser. This warranty expressly excludes any products used in a commercial setting and any products using C.O.M. (Customers Own Material) fabrics.

ADDITIONAL WARRANTIES

Sunbrella Fabrics – Sunbrella Furniture 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 including sunlight, mildew and atmospheric chemicals. This warranty is for Sunbrella fabrics only and does not cover normal care and cleaning, damage from misuse or abuse, improper installation or costs associated with fabric replacement, including labor and installation. This warranty is only valid if a sample of the fabric and a copy of the receipt are submitted for the item purchased.

SIGNATURE REQUIREMENT

Cush-Living.com does not require a signature confirmation for most order deliveries; however, shipping companies may at their own discretion require an adult to be present to accept the shipment, require a signature confirmation to release the shipment or ask the person accepting the shipment to provide the delivery driver with photo identification.

SPECIAL DELIVERY ARRANGEMENTS

Cush-Living.com does not have an influence over the routes and schedules of delivery companies, and therefore cannot make special arrangements for specific delivery times and dates. However, shipping companies may require that special delivery arrangements be made and may contact the customer directly to schedule a delivery at their own discretion using the contact information given to us by the customer.

Disclaimer: Cush-Living.com is not responsible for any additional shipping or storage fees resulting from the customer being unreachable to schedule a delivery using the contact information submitted to us or the customer being unavailable for a scheduled delivery.

SHIPPING DAMAGE CLAIMS

Once your order arrives, please inspect the packaging for any damage and open within two (2) business days after receiving it. If the packaging and/or product are damaged on arrival, please contact our customer support team within two (2) business days of receipt and submit detailed photos of the damaged product and packaging. Do not discard damaged packaging as it is required by the shipping carrier for inspection. Once we receive the photos of the damage, they will be submitted to our production and shipping departments for review. If the product was damaged during the shipping process we will be required to file a claim with the shipping carrier, at which point they will need to inspect the product as well as the damaged packaging so please do not discard the damaged packaging materials that your product arrived in.

SHIPPING DELAYS

Occasionally delivery of orders may be delayed due to situations outside of the control of Cush-Living.com and shipping companies. Incidents may include natural disasters, cases of extreme weather and other such situations that cannot be controlled by any of the parties involved. We apologize for any inconvenience that may be caused by delays of this nature.

SHIPMENT NOT RECEIVED

Shipped orders usually arrive at their destination within seven (7) business days of shipment. If you have not received your order within twenty (20) business days from the time you received your tracking information, please contact our customer support as soon as possible. Once our customer service has been notified, we will initiate a claim with the shipper to locate your shipment. Cush Living must be notified of undelivered shipments within thirty (30) business days of shipment in order to initiate a claim with the shipper and is not liable for claims made after thirty (30) business days of shipment. Claims may not be resolved for up to twenty (20) business days from the time the claim was initiated. If the shipper has gone through all of their internal procedures and has come to the conclusion that the package was delivered to the correct shipping address then Cush Living is not responsible. If the shipper determines that they have lost your shipment, Cush Living will replace your order expeditiously.

Note: Cush Living is not responsible for stolen packages. If your package has been deemed stolen we recommend going to your local police department and filing a police report.

ADDRESS CORRECTION FEES

Address correction and/or redelivery fees incurred by Cush-Living.com as a result of an incorrectly entered address by the customer will be charged to the customer.

SALES AND USE TAXES

Cush-Living.com is obligated to collect and remit state sales taxes when shipping from a location from which we make an in-state shipment. If the delivery location of your order is within the state of Texas, your order will include a sales tax charge. State or local use taxes may still be owed for your online purchases, which we do not collect. Please consult your state revenue services to inquire about use taxes that you may be required to pay when making online or out-of-state purchases.

CREDIT CARD TRANSACTIONS

The charge applied to your credit card should match the total on your invoice confirmation email. If you see what looks like more than one charge on your credit card record within the first 48 hours after your order, it is almost certainly just more than one approval. This occurs when your credit card company confirms more than once that you have enough credit for your Cush-Living.com transaction. Ultimately there will be only one actual charge, and any extra approvals will disappear. You can confirm this with your credit card company. If your credit card company does indeed confirm more than one complete and finished charge (“settlements” in credit card company lingo), or if you have any other question about billing discrepancies, please contact our customer support team with any concerns.

CREDIT CARD DATA

As a security precaution, Cush-Living.com 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 representatives will contact you to provide your credit card information over the telephone.

FRAUDULENT TRANSACTIONS

Cush-Living.com takes credit card fraud very seriously and will use every means at our disposal to prosecute any persons attempting to process a fraudulent credit card on this web site. Every transaction is reviewed in great detail and any suspected fraudulent transaction is immediately reported to all banking institutions involved as well as local and federal authorities.

FRAUDULENT CHARGEBACKS

The intentional reversing of credit card charges after receiving a product or service is considered a form of theft and will not be tolerated for any reason. Any wrongful, criminal or fraudulent chargeback will be reported to the proper authorities immediately, including but not limited to your credit card provider, your banking institution, our credit processing provider and your local and federal authorities.

NOTICES

Cush-Living.com will give you any necessary notices by posting them on the Cush-Living.com Site. You authorize Cush-Living.com to send notices via electronic mail as well if Cush-Living.com decides, in its sole discretion, to do so. You agree to check the Cush-Living.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Cush-Living.com Site.

LINKS

The Cush-Living.com Site may contain links to other web sites or resources. You acknowledge and agree that Cush-Living.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the Cush-Living.com Site does not imply that Cush-Living.com endorses the linked site.

THIRD PARTY CONTENT AND MONITORING

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this Cush-Living.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of Cush-Living.com. Cush-Living.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Cush-Living.com Site by anyone other than authorized Cush-Living.com employees acting in their official capacities.

FORCE MAJEURE

Cush-Living.com shall be excused from performance under this Terms of Service if Cush-Living.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Cush-Living.com.

DISCLAIMER OF WARRANTIES

Although Cush-Living.com endeavors to provide current, accurate and reliable information on our web site, it does not warrant or make any representation regarding the events or the accuracy, reliability or any use of information on this web site. Cush-Living.com does not warrant that your use of the Cush-Living.com web site, or the operation or function of the Cush-Living.com web site, any component thereof, or any products, software or services offered in connection therewith, will be uninterrupted or error free: or that defects therewith will be corrected; or that this web site or it’s server is free of viruses or other harmful elements.

Your use of the Cush-Living.com web site is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of this web site. Cush-Living.com and its suppliers make no representation about the suitability, reliability, availability, timeliness, and accuracy of the Cush-Living.com web site. The Cush-Living.com web site content is provided “as is” and “as available” without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third party rights, or fitness for any particular purpose.

LIMITATION OF LIABILITY

In no event shall Cush-Living.com and/or its suppliers be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the Cush-Living.com web site, the use or performance of the Cush-Living.com web site, the delay or inability to use the Cush-Living.com web site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the Cush-Living.com web site, or otherwise arising out of the use of the Cush-Living.com site, whether based on contract, tort, negligence, strict liability or otherwise, even if Cush-Living.com or any of its suppliers has been advised of the possibility of damages.

If you are dissatisfied with any portion of this web site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the Cush-Living.com web site. This sole and exclusive remedy is separate and independent of any other provision that limits Cush-Living.com’s liability or your remedies.

California Proposition 65 Warning Compliance

WARNING: Products containing foam can expose you to chemicals including Toluene diisocyanate, which is known to the State of California to cause cancer. For more information visit www.p65warnings.ca.gov.