1. Who we are

OutdoorCushions.com (“we”, “us”, “our”) is an online outdoor furniture cushion retailer. We cut and sew replacement outdoor furniture cushions to the sizes our customers give us, in performance fabrics. We sell to customers in the United States only.

These terms apply to everything sold through this website and to quotes, samples and custom work arranged by telephone or email. They are between you and OutdoorCushions.com.

2. Accepting these terms

Placing an order means you accept these terms as they read on the day you order. If you do not accept them, do not order. Any exemptions must be provided by OutdoorCushions.com in writing.

We may change these terms. The version that applies to your order is the version published when your order was accepted, and changing them later does not change an order already in production.

3. Who can order

You must be at least 18 and able to enter into a binding contract. If you order on behalf of a business, you confirm you are authorized to bind it.

4. Communicating in writing

By ordering you agree that we may deal with you electronically. Order confirmations, shipping notifications and anything else we have to tell you are sent by email to the address on the order. This satisfies any requirement for communications to be in writing.

5. Notices

Where we have to give notice of something general, such as a change to these terms or a change to a policy, we do it by publishing it on this site.

6. Colors, samples and what a screen can show

A monitor cannot show you a fabric. Screens differ, room light differs, and outdoor fabric in full sun does not look like the same fabric in a photograph. Colors shown on this site are a guide, not an exact match.

We recommend ordering samples before placing an order. We cannot be held responsible if you place an order without ordering samples first and the color is not what you pictured or expected, and it is not a valid reason for a return.

Dye lots vary. A cushion ordered now will not necessarily match one made from the same fabric a year ago, and an addition of a new cushion to an older cushion set may look slightly differently in color than the older cushions.

7. Measurements

We make cushions according to the measurements on your order within the tolerances provided below. We do not measure your furniture, and we cannot know what you meant if the numbers provided to us are incorrect.

Use our measuring guide and check your measurements twice before ordering. If you are unsure, send your measurements to us before you order and we will be happy to review them.

If a finished cushion matches the measurements on your order, the cushion is considered correctly made.

8. Placing an order

An order placed on this site is an offer to buy. It is accepted when we send an order confirmation, and the contract forms at that point.

We may decline an order. The most common reasons for declining an order are a price shown in error, a fabric that has been discontinued since the page was published, a size we are unable to manufacture, or an address we cannot ship to. If we decline after accepting payment, we will refund the payment in full.

9. Changing or canceling an order

Tell us within one business day of placing an order and we will change or cancel it at no charge.

We will still try to accommodate a change or cancellation after 1 business day, but materials may have already been consumed for your order, and a change or cancellation may carry the cost of materials used plus a processing fee. We will inform you of any fees by email.

Processing and material fees are required once your fabric has already been cut to the shape of your cushion as the fabric will no longer be usable for other orders.

10. Orders placed on hold

Orders may occasionally be placed on hold by our support team for clarification. If we are unable to reach you, we may proceed with the order as-is or cancel it and charge a processing fee.

11. Custom made goods are not returnable

A cushion cut to your measurements in your choice of fabric cannot be resold, so it cannot be returned for a refund, an exchange or a size change once it has already been made.

What we do stand behind is set out in the warranty sections below: if we cut it wrong against your written order we remake it at our cost, if the fabric is faulty the mill's warranty applies and we handle the claim, and if it arrives damaged, we handle the claim with the carrier.

12. Size tolerances

Cushions are cut and sewn by hand and filled with a compressible foam core, so a finished cushion's measurements will not always be exact. For this reason, we require the following size allowances:

Item	Allowance on each dimension
Chaise cushions, bench cushions, pillows and bolsters	2″
Everything else	1″

A finished cushion that measures within its allowance is considered correct and is not a manufacturing error or defect.

13. Welt and trim

Welt is sewn into the seam and sits outside of it, so it adds size. Take into consideration that welt trimming will add an additional ½″ all around where welt is specified. If your cushion will be placed in a tight-fitting area, we recommend reducing your dimensions by ½″ if welt trimming is selected.

14. Fabric direction

On patterned fabrics, we lay the pattern in the direction the fabric is designed to run and in the way it is intended to be used and wear best.

For striped fabrics, the stripes will be matched whenever applicable and will run from front to back on the cushion.

We will maintain the same fabric direction consistently across all cushions in the order so the finished pieces have a coordinated appearance.

15. Special order and discontinued fabric

Some fabrics are not held in stock and must be specially ordered from the mill. These fabrics will be identified in the fabric book as Special Order fabrics, and the checkout page will also let you know if your selected fabric is a Special Order fabric before you place your order. Special Order fabrics may add approximately five to seven business days to the lead time.

Occasionally, a fabric may become discontinued or unavailable from the mill after an order has been placed. We will contact you as soon as we are notified and place your order on hold. You may choose another available fabric or cancel the order for a full refund.

16. Customer’s Own Material

We can manufacture cushions using customer-supplied fabric (Customer’s Own Material, or COM). Please contact us before purchasing or sending any fabric so we can confirm that it is suitable for the intended use. Many indoor upholstery fabrics are not designed to withstand outdoor conditions and may fade, deteriorate, or fail prematurely when used outside.

Before sending your fabric, we must first provide you with a quote for your order, including the estimated yardage required. The quote must be approved and paid in full before we will provide the shipping information and instructions for sending your fabric to us. Please do not ship any fabric to us before completing this process. If fabric is shipped to us before the quote has been approved and paid and before we have provided shipping instructions, we will not be able to accept the material for production or manufacture your product using that fabric.

When customer-supplied fabric is used, any warranty on the fabric remains between the customer and the fabric manufacturer or supplier. We are not responsible for defects, flaws, variations, or performance issues with customer-supplied material, or for problems caused by fabric that is unsuitable for the intended application. We are also not responsible for shortages in the amount of fabric supplied or for replacing fabric used during the cutting and manufacturing process.

17. Templates

For unusual or custom shapes, we may require a physical template so we can manufacture the product correctly. Templates are typically made from wrapping paper, craft paper, or newspaper and is be cut by you to the exact shape and size of the cushion needed.

The first step is for us to prepare a quote for you. We will ask you to provide information about the cushion you need, including measurements, thickness, fabric choice, any additional options such as piping or ties, your shipping ZIP code, and photos of the furniture or area where the cushion will be used. The quote will be based on the measurements and information provided before we receive your template. Once the quote has been approved and paid in full, we will provide you with the shipping address and instructions for sending your template to us. Please do not send a template before completing this process. If a template is sent before the quote has been approved and paid and before we have provided shipping instructions, we may not be able to accept or match it to your order.

All orders requiring a template are produced outside of our traditional manufacturing process and will have an additional five business days added to the lead time that is posted when the order begins production. This additional time allows us to process the template and prepare the order for manufacturing.

If the template we receive is larger or otherwise different from the dimensions originally provided, additional charges may apply. We will contact you if any additional payment is required before production begins.

Templates must be sent to us within 15 days of placing your order. Once you have shipped your template, you must provide us with the tracking number so we can identify and monitor the shipment. We will keep your template for six months after your completed order has shipped. After six months, the template may be disposed of.

18. Alterations and reworks

All alterations and reworks must be reviewed and approved by OutdoorCushions.com before any changes can be made. If a completed cushion needs to be altered or reworked, please contact us so we can review the cushion and determine whether the requested changes are possible. If approved, we will provide you with a quote that includes the cost of the alteration or rework and the cost of shipping the completed cushions back to you. Once the quote has been approved and paid in full, we will provide you with the shipping information and instructions for sending the cushions to us, at the customer’s cost.

Not all cushions can be altered or reworked. This will depend on factors such as the cushion’s size, construction, fabric, and the type of change being requested. We will determine whether the requested alteration can be completed without affecting the quality or construction of the cushion.

Unless the alteration or rework is required because of an error on our part, the customer is responsible for all alteration, rework and shipping charges.

19. Defective merchandise claim

If there is an issue with your order, including a manufacturing defect or an alteration or rework that was completed incorrectly, you must contact us within five business days after delivery.

To review your claim, we will ask you to provide us with photos of the cushions, including a photo of the white label on the back of the cushion with your name on it. We will always require a photo showing the cushion being measured, and we will send you a photo showing exactly how to measure the cushion correctly. We may also request any other photos, measurements, documents, or information needed to properly review and assess the claim.

Once we receive all requested photos, measurements, documents, and information, we will send the claim to our production manager for review. We will then let you know if any additional information is needed, what the next steps will be, or if a claim cannot be approved because the cushions were made correctly, including situations where the measurements fall within our stated manufacturing tolerances.

If you submit a claim request but do not provide the requested photos, measurements, documents, or other required information within 15 business days of our request, we will consider the claim abandoned and closed. After that time, we will no longer be able to assist with or reopen the claim.

We cannot evaluate or approve a claim without the requested information. Please do not return or ship any cushions or other items to us unless the return has first been authorized by customer service.

20. Prices and pricing errors

All prices are listed in U.S. dollars. The price charged for your order will be the price shown at the time your order is accepted. Shipping charges are additional unless otherwise stated. Sales tax is applied only to orders being shipped to an address within the State of California.

We reserve the right to correct any pricing, product, or website errors. If an item is listed at an incorrect price and your order has not yet been accepted, we will contact you and give you the option to proceed at the correct price or cancel the order. We are not required to honor an incorrect or mistakenly published price.

Promotional or discount codes are valid only for the products, dates, and conditions stated with the promotion. Unless otherwise specified, promotional codes cannot be combined with other offers, have no cash value, and cannot be applied to an order after it has been placed. Discounts and promotional codes do not apply to template orders or Customer’s Own Material (COM) orders.

21. Payment

All orders must be paid in full at the time the order is placed. Because our products are custom-made and materials may be ordered, cut, or prepared specifically for your order, we do not offer payment plans, deposits, or installment payments.

By submitting payment information, you confirm that you are authorized to use the payment method provided. Payments are processed securely through our payment processor, and OutdoorCushions.com does not receive or store your complete credit or debit card number.

If a payment is declined, reversed, disputed, or otherwise not successfully completed, we reserve the right to place the order on hold or cancel it until the payment issue has been resolved.

22. Card authorizations

You may see more than one pending amount from us in the first day or two. Those are authorization holds, not charges - your bank places them to confirm the funds are there, and they drop off on their own. Only one amount settles, and it matches your confirmation email. If more than one actually settles, tell us and we will refund it.

23. Fraud and chargebacks

We reserve the right to review orders for suspected fraud or unauthorized payment activity. When appropriate, we may provide relevant information to our payment processor, card issuer, financial institutions, or law enforcement.

If you have a concern with your order, please contact us before initiating a chargeback so we have an opportunity to review and resolve the issue. A chargeback should not be used as a substitute for our refund, cancellation, or dispute-resolution procedures.

If a chargeback or payment dispute is initiated while your order is still in production, we will place the order on hold and stop production until the dispute is resolved. In some cases, we may require you to withdraw or cancel the dispute with your card issuer or payment provider before production can resume. Any time the order remains on hold may extend the original production and delivery timeline.

Disputing a valid charge for products that were received and retained may be considered an improper or fraudulent chargeback. We reserve the right to provide order records, delivery confirmation, production records, customer communications, and other supporting documentation to the card issuer or payment processor when responding to the dispute.

24. Sales tax

Sales tax applies to orders being shipped to addresses within the State of California and will be calculated and shown in your cart before checkout.

If you have a valid California resale permit, we may be able to remove the sales tax from your order. Please contact Customer Service before placing your order so we can review your resale information and make the appropriate adjustme

25. Lead times

Our standard production lead time is approximately 10 to 14 business days from the date your order goes into production. Shipping time is separate from production and typically takes an additional 5 to 7 business days.

In some cases, we may place your order on hold if we need to contact you about a measurement, fabric selection, order detail, or another issue that we feel needs to be addressed before production can continue. Time that your order is on hold does not count toward the production lead time.

Once the issue has been resolved and your order is taken off hold, we will email you to let you know that your order has returned to production and that your production lead time has begun.

Special-order fabrics may add an additional 5 to 7 business days before production can begin. Our peak season runs from April through the end of September, and production times may be longer during this period due to increased order volume. Orders that require Customer’s Own Material (COM) fabric or a customer-supplied template may also require additional production time. We will let you know the applicable lead time for these types of orders before you place your order.

All production and shipping lead times are estimates provided in good faith and are not guaranteed completion or delivery dates. Lead times do not include weekends or holidays.

Because lead times are estimates, delays beyond the estimated timeframe do not qualify for a refund, discount, or other compensation. If we experience a significant delay with your order, we will contact you with an update and any available options.

26. Shipping

Shipping costs are calculated by our shipping carrier based on the size, weight, and volume of your order. The applicable shipping charge will be shown in your cart before you complete checkout.

We ship only within the contiguous United States. We do not ship directly to Alaska, Hawaii, or locations outside of the United States.

Customers who wish to have an order delivered to Alaska, Hawaii, or outside of the United States may choose to use a freight-forwarding company. If you use a freight forwarder, the freight forwarder’s address must be entered as the shipping address on your order. You are responsible for making all arrangements with the freight forwarder, including any additional shipping charges, customs fees, duties, taxes, documentation, or other costs associated with forwarding the order to its final destination.

Our responsibility for the shipment ends once the order has been delivered to the freight-forwarding address provided on your order. Any loss, damage, delay, additional charges, or other issues that occur after delivery to the freight forwarder are the responsibility of the customer and the freight-forwarding company.

Larger or oversized orders, including long bench cushions, chaise cushions, sofa cushions, or multiple-piece orders, may have higher shipping costs due to the size and number of packages required.

Large orders may be shipped in multiple boxes, and those boxes may arrive on different days. This is normal and does not mean that part of your order is missing.

Once your package or packages leave our facility and are accepted by the shipping carrier, they are in the carrier’s possession and the delivery process is the responsibility of the carrier. Delivery dates and transit times provided by the carrier are estimates and may be affected by delays outside of our control.

You are responsible for providing a complete and accurate shipping address when placing your order. If the address provided is incorrect, you are responsible for any carrier fees associated with redirecting, correcting, returning, or reshipping the order. Once a package has been transferred to the shipping carrier, we may not be able to change the delivery address.

27. Signature on delivery

We do not ask for a signature. The carrier may decide to, and may want an adult present or photo identification - that is their call and not something we can waive for you.

28. Delivery appointments

We do not control carrier routing and cannot book a delivery for a particular day or time. On a large shipment the carrier may contact you directly to arrange one, using the details on your order.

Keep those details reachable. Redelivery and storage charges that arise because a carrier could not reach you, or because nobody was there for an agreed slot, are yours.

29. Damage in transit and shortages

Please inspect your package or packages as soon as they are delivered. Any damage that occurred during shipping, or any items missing from your shipment, must be reported to us within 5 days of receiving the package.

You must keep all original packaging, including the box, packing materials, and shipping labels, until the claim has been fully resolved. The shipping carrier may require the original packaging when reviewing the claim, and failure to keep it may result in the claim being denied.

We may also require photographs of the damaged item, the shipping carton, packaging materials, and shipping label in order to process the claim.

Once we receive the required information, we will file a claim with the shipping carrier. Carrier claims may take approximately 7–15 business days to be reviewed and closed. We will not be able to take further action on your order, including a replacement, remake, or refund related to the shipping damage or shortage, until the carrier has completed and closed the claim.

If the carrier denies the claim, we may need to resubmit the claim, provide additional documentation, or conduct further investigation on our end. This may extend the time needed to reach a final resolution. If the carrier ultimately denies the claim, we may not be able to remake or replace the product at our cost.

30. Shipments that do not arrive

Packages typically arrive within about one week after leaving our facility. Once a package leaves our facility, delivery is handled by the shipping carrier and is outside of our direct control.

If your package has not arrived within 15 business days after leaving our facility, please contact us so we can open a trace with the carrier. The trace process typically takes a few days while the carrier attempts to locate the package and determine its delivery status.

If the carrier is unable to locate the package, we will then open a claim with the carrier. The carrier’s claim process may take approximately 7–15 business days to complete. We will not be able to remake, replace, refund, or otherwise take further action on the order until the carrier has completed and closed the claim.

If the carrier denies the claim, we may need to resubmit the claim or further investigate the matter on our end. If the claim is ultimately denied, we may not be able to remake or replace the product at our cost.

If the carrier confirms that the package was delivered to the shipping address provided on your order, we may not be responsible for the loss, replacement, or refund of the package.

31. Stolen packages

If the shipping carrier confirms that a package was delivered to the shipping address provided on your order and the package is later stolen or goes missing from the property, we are not responsible for the loss and cannot provide a refund or replacement at our cost.

If you believe your package was stolen after delivery, please report the theft to your local police department and contact the shipping carrier to report the missing package. If the police department requires documentation related to your order or shipment, please contact our Custom Service team and we will provide any available documentation needed to assist with the report.

If the police report confirms that your package was stolen, please provide us with a copy of the documentation. We will review all of the information provided and let you know if we can help in anyway.

If you would like the carrier to leave your package in a specific location, you can include those instructions in the order notes before checkout or contact our Custom Service team before your order ships.

32. Return shipping labels

If we approve a repair, rework, or return and we are responsible for the return shipping, we will provide you with a prepaid return shipping label and instructions for sending the package back to us.

Please do not ship anything back until you have received instructions from our Customer Service team. Packages returned without authorization or without the return label provided by us may not be properly identified or matched to your order.

We will need the dimensions of the box or boxes before we can create the return shipping label. Once the label is provided, you will be responsible for printing it, securely attaching it to the package, and dropping the package off at the carrier location unless other arrangements have been approved.

33. Shipping outside the United States

We do not ship outside the contiguous United States. This includes Alaska, Hawaii, Canada, and all other international destinations.

Customers who wish to have an order delivered outside the contiguous United States may choose to use a freight forwarding company. In that case, the shipping address entered on the order must be the freight forwarder’s address within the contiguous United States.

Once the order is delivered to the freight forwarder, the customer assumes responsibility for the shipment. Any additional shipping charges, customs fees, duties, taxes, handling fees, delays, damage, or loss that occurs after delivery to the freight forwarder are the responsibility of the customer.

We are not responsible for arranging transportation from the freight forwarder to the final destination or for claims involving the shipment after it has been delivered to the freight forwarder.

34. Workmanship warranty

We stand behind the workmanship of our products. Our cutting, sewing, zippers, welt, and assembly are covered by a six-month workmanship warranty beginning on the date your order is delivered.

If, within that six-month period, a seam or zipper fails due to a workmanship issue, or if we determine that your cushion was made differently from the specifications shown on your written order, we will review the issue for repair or replacement under this warranty.

All workmanship warranty claims must be reviewed and approved by us. We may require specific photographs of the cushion, measurements, tags, packaging, or other information needed to properly evaluate the claim.

All requested photographs and information must be provided within five business days of the claim being opened. If we do not receive the requested information within that time, we will consider the claim closed and assume that you have chosen to keep the product as received.

If you refuse or fail to provide the specific photographs or information we request, we reserve the right to deny and close the claim because we are unable to properly inspect and evaluate the reported issue.

This warranty does not cover damage caused by improper care, cleaning, handling, storage, misuse, or accidental damage. The warranty will not apply if the product has been placed in a washing machine or dryer, or if mildew, mold, staining, or other damage has occurred because the product was not cleaned, dried, or maintained according to our care and cleaning guidelines.

The warranty also does not cover damage caused by pets or other animals, including chewing, scratching, clawing, tearing, or similar damage. If the product shows signs of being cut, sliced, punctured, or otherwise damaged by a knife, scissors, box cutter, or other sharp object while opening the package or afterward, the damage will not be considered a workmanship defect and will not be covered under this warranty.

The warranty also does not cover damage caused by pets or other animals, including chewing, scratching, clawing, tearing, or similar damage. If the product shows signs of being cut, sliced, punctured, or otherwise damaged by a knife, scissors, box cutter, or other sharp object while opening the package or afterward, the damage will not be considered a workmanship defect and will not be covered under this warranty.

If a claim is approved as a workmanship issue covered under this warranty, we will provide instructions regarding the repair, remake, return, and any applicable shipping arrangements.

35. Fabric warranties

Fabric warranties are provided by the fabric manufacturer or mill and are separate from our workmanship warranty.

Sunbrella® solution-dyed acrylic fabrics carry a five-year limited manufacturer’s warranty against qualifying loss of color and loss of strength under normal use and exposure conditions. The fabric grade selected affects the price, style, and construction of the fabric, but does not change the length of the applicable Sunbrella fabric warranty.

If you believe there is a defect with the fabric that may be covered under the manufacturer’s warranty, please contact us. We will review the claim and may request photographs, product information, proof of purchase, fabric samples, or other documentation required by the manufacturer. If the issue appears to qualify, we will assist with submitting the claim to the fabric manufacturer or mill.

All fabric warranty claims are subject to the terms, exclusions, and final approval of the fabric manufacturer. OutdoorCushions.com cannot guarantee that a fabric warranty claim will be approved.

Fabric warranties generally do not cover damage caused by improper cleaning, improper storage, misuse, pets, mold or mildew resulting from improper care, stains, cuts, tears, or other accidental damage. Customers are responsible for following the applicable care and cleaning instructions for their fabric.

36. What the warranties do not cover

Our warranties do not cover conditions that result from normal use, environmental exposure, improper care, customer-provided measurements, or circumstances outside of our manufacturing process.

The warranties do not cover:

• Normal fading, wear, softening, or changes in appearance that occur from regular outdoor use and exposure to sunlight, heat, moisture, and weather.
• Mold or mildew caused by moisture, dirt, improper drying, improper storage, or failure to follow the recommended care and cleaning instructions.
• Changes in comfort or firmness. Foam naturally softens and settles with use, and personal preferences regarding firmness or comfort are not considered manufacturing defects.
• Minor rippling, wrinkling, looseness, or tightening of fabric caused by changes in temperature, humidity, moisture, or normal expansion and contraction of the fabric.
• Fit issues when the finished product was manufactured according to the measurements, specifications, or template provided or approved by the customer, and the finished product falls within our stated manufacturing tolerances.
• Damage caused by misuse, neglect, improper handling, alteration, pressure washing, harsh chemicals or solvents, improper cleaning, or storing cushions while wet, damp, or sealed in plastic.
• Damage caused by pets or other animals, including scratching, chewing, clawing, tearing, or puncturing.
• Cuts, punctures, or other damage caused by knives, scissors, box cutters, or other sharp objects when opening the package or afterward.
• Customer's Own Material (COM), including defects, fading, shrinking, stretching, deterioration, or performance of fabric supplied by the customer. Our warranty on COM products is limited to our workmanship in cutting and sewing the material.
• Normal variations in fabric color, texture, pattern, or appearance between dye lots or production runs.
• Any dimensional, construction, or appearance variation that falls within the manufacturing tolerances stated elsewhere in these terms.

37. Our Right to Correct an Issue

If we determine that an issue was caused by an error on our part, OutdoorCushions.com will determine the appropriate remedy based on the circumstances. The remedy may include repairing, altering, reworking, or remaking the affected item.

Because our products are custom-made specifically for each order, a refund is not automatically available when an issue can reasonably be corrected. We reserve the right to repair, rework, alter, or remake the product before considering a refund. Refusing an offered repair, rework, alteration, or remake does not automatically entitle the customer to a refund.

The method used to correct the issue will be determined by us. A customer may not require a particular remedy when we have offered another reasonable solution that corrects the issue.

If we determine that a refund is the appropriate resolution, the refund will be limited to the amount originally paid for the affected item. Refunds will not exceed the purchase price of that item and will not include additional compensation, incidental costs, or other expenses unless we specifically agree otherwise.

38. Stock and sample items

A few things we sell are not custom - fabric samples, yardage cut from stock, care products. Those may be returned unused, in resalable condition, within 30 days, and the return shipping is yours. Fabric cut to a length you specified is custom work and is not returnable.

39. What you send us

Sketches, photographs, measurements, patterns and notes you send us stay yours. You give us permission to use them for the purpose of quoting and making your order.

Do not send us anything you do not have the right to send - a copyrighted design, a photograph that is not yours, someone else's pattern. You are responsible for that, and you indemnify us against any claim arising from making something to a design you supplied.

40. Our content

Everything on this site - text, photographs, the fabric book, the measuring guides, the layout and the code - is ours or is used with permission, and is protected by copyright. You may read it, print it and share links to it for your own use in choosing and buying cushions.

You may not copy it onto another site, scrape it, resell it, or use it to train an automated system, without our written permission.

41. Using this site

Use the site for its purpose. Do not attempt to break, overload or gain unauthorized access to it, do not submit anything unlawful or malicious, and do not place orders you do not intend to pay for. We may refuse service, cancel orders and block access where any of that happens.

We try to keep the site available and accurate, and we do not promise that it will be uninterrupted, error free, or that every price, lead time or stock statement is correct at every moment.

42. Links to other sites

Where we link to a mill, a carrier or a care product, we do not control that site and we are not responsible for its content or its terms.

43. Content from other people

Reviews, comments and anything else posted here by someone other than us are that person's opinion, not ours. We do not check them for accuracy and we are not answerable for them.

44. Disclaimer

Except for the warranties specifically stated in these Terms, and to the fullest extent permitted by law, OutdoorCushions.com disclaims all other warranties, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.

Nothing in these Terms is intended to limit or exclude any rights or liability that cannot legally be limited or excluded under applicable law. Some states do not allow certain warranty exclusions or limitations, so some of these provisions may not apply to you.

45. Limitation of liability

To the extent permitted by law, our total liability arising from or related to an order is limited to the amount paid for the item involved in the claim.

We are not responsible for indirect, incidental, or consequential losses or expenses, including loss of use, loss of income or profits, the cost of renting temporary or replacement furniture, costs related to a delayed event, or damage to the furniture where the cushion is being used.

46. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from your breach of these terms, from your misuse of the site, or from material or designs you supplied to us.

47. Events outside our control

We are not responsible for delays or for being unable to fulfill an order when the cause is beyond our reasonable control. This may include fabric or material shortages, supplier delays, shipping carrier delays or disruptions, severe weather, fires, floods, power or internet outages, labor strikes or disputes, public health emergencies, government actions, or other unexpected events outside of our control.

If an event beyond our control affects your order, we will make reasonable efforts to keep you informed and to complete your order as soon as circumstances allow. Delays caused by these events are not considered a failure to meet our obligations under these Terms.

48. Privacy

Our Privacy Policy explains what information we collect, how we use it, and how we protect it. The privacy policy is incorporated into and made part of these Terms.

49. California Proposition 65

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 go to www.P65Warnings.ca.gov.

50. Governing law

These Terms and any dispute related to them or to your order will be governed by the laws of the State of California, without regard to California’s conflict of law principles.

51. Arbitration and Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms, your order, or your purchase from OutdoorCushions.com will be resolved through binding arbitration in Ventura County, California, in accordance with the applicable rules of the American Arbitration Association. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court with proper jurisdiction.

Before starting arbitration, we ask that you contact OutdoorCushions.com and give us a reasonable opportunity to resolve the issue directly. Many concerns can be resolved through our customer service process without the need for formal dispute resolution.

52. Where claims are brought

Anything that does go to court instead goes to the state or federal courts of California. You agree to those courts hearing it and give up any objection to the venue.

53. General Terms

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

If we choose not to enforce any provision of these Terms at any time, that does not waive our right to enforce that provision in the future.

You may not assign or transfer your rights or obligations under an order without our prior written consent. We may assign or transfer our rights and obligations in connection with a sale, merger, reorganization, or transfer of all or part of our business.

These Terms do not create any rights for any person or entity other than you and OutdoorCushions.com.

These Terms, together with your order confirmation and our Privacy Policy, constitute the entire agreement between you and OutdoorCushions.com regarding your order and supersede any prior or contemporaneous communications, representations, or agreements relating to that order.

54. Contact

Questions about these terms, or about an order: Contact us via our contact form