Family Leisure Terms and Conditions | familyleisure.buildacushion.com

FOR IN-STORE PURCHASES; PLEASE READ AND SIGN THE FOLLOWING TERMS OF PURCHASING AND DISCLAIMERS CAREFULLY BEFORE PLACING YOUR ORDER

By signing, I confirm I have read and agree that all the product specifications on this order are accurate. Further, since this product is custom-made, I understand Family Leisure does not accept returns.

Signature ________________________________________________

Print Name ________________________________________________ Date _____________________________

This agreement shall be governed by and construed in accordance with the laws of the State of Indiana 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 RETURN POLICY

Your product is 100 percent custom-made to order only for you. Therefore, Family Leisure does not accept returns. We will work with you to achieve the desired result in your product. Family Leisure does not inventory or warehouse custom made cushions and pillows. We have no way of reselling any custom made products made to your custom specifications.

Customer Responsibilities

Family Leisure is not responsible for cushions or pillows 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.
Family Leisure 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.
Family Leisure is not responsible for cushions the customer does not like due to the standard placement of fabric ties, seams, zippers, Family Leisure and/or law tags.
Family Leisure 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 Family Leisure.
Family Leisure 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).
Family Leisure is not responsible for cushions the customer thinks are not comfortable enough or does not like for some other subjective reason.
Family Leisure is not responsible for templates sent to us for use as custom cushion patterns. These templates become property of Family Leisure and will not be returned to the customer. Family Leisure 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 Family Leisure within 2 business days. We require photographs (prior to opening) and all packaging materials in order to process the claim on your behalf.
Family Leisure 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.

Family Leisure Responsibilities

Family Leisure is responsible for using the fabric(s) the customer has selected.
Family Leisure is responsible for creating a finished product within a certain tolerance, depending on the style selected:
- Cushions with Foam or CumuPlush Fill: Within one-half of an inch (1/2") of the dimensions (width, depth, thickness) provided by the customer - the customer must use our Standard Style Measuring Method
- Cushions with Premium Indoor Fill: Within one-half of an inch (1/2") of the dimensions (width, depth, thickness) provided by the customer - the customer must use our Deluxe Style Measuring Method
- Cushions with Direct Fill: Within two inches (2") of the dimensions (width, depth, thickness) provided by the customer - the customer must use our Tufted Style Measuring Method
Family Leisure is responsible for sewing the cushion(s) in the style selected by the customer.
Family Leisure 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:
- The customer notifies Family Leisure within five (5) working days of receiving the cushion(s).
- The customer acknowledges that we reserve the right to rework any cushions to correct our mistakes.
- 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.
- 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 Family Leisure deems that said cushion is, in fact, correct based on the customer's order, the customer will be responsible for any costs Family Leisure incurs to return the cushion to the customer.

By purchasing from Family Leisure, you agree to these terms and/or conditions and all applicable laws. Family Leisure specializes in custom cushions. If you do not agree to these terms, please do not purchase from Family Leisure.

EVERY cushion and pillow we manufacture is considered made-to-order, or custom. We only make cushions and pillows based on the measurements that our customers provide to us at the time an order is placed.

ORDER CHANGES

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.

CANCELLATIONS

Family Leisure 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 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, Family Leisure 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, Family Leisure has the right to cancel the order(s) and charge the customer a $45 cancellation processing fee per order.
Family Leisure reserves the right to accept or reject reworks at our own discretion.

ADDRESS CORRECTIONS / REDELIVERY FEES

If Family Leisure 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, a $11 delivery interruption fee to reroute, redelivery fees and any associated shipping charges.

PRODUCT LISTINGS

Family Leisure 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, Family Leisure 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 Family Leisure 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. Family Leisure 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 Family Leisure require 100 percent payment before we can do any work. This is due to the custom nature of our work. Family Leisure 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. Family Leisure 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.

Family Leisure 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 "Family Leisure" 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 Family Leisure 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 Family Leisure 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 Family Leisure 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 Family Leisure 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.