Terms and Conditions
These terms and conditions outline the rules and regulations for the use of Foamonline’s Website.
Foamonline is located at:5788 Hollister Avenue,
Goleta, California, 93117
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Foamonline’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Foam Firmness’ & Density Tolerances
We ship the closest foam firmness (Indent Load Deflection) number and foam density number to the firmness and density selected by you. Foam firmness and density may not be exact to the values displayed on our I.L.D. Chart. The I.L.D. Chart is for reference only.
Order Cancelation Policy
Orders can be canceled within 24 hours of order placement. Please contact us via email at firstname.lastname@example.org or call us at (805) 964-2001. After 24 hours, all sales are final and non-refundable. All canceled orders are subject to a 3% cancelation fee.
Foam manufacturers do not accept warranties on the foam products that they produce. Consumers would not want to be subject to receiving a returned mattress under warranty from some other customer. Foamonline sells new, unused foam only.
We ship within the United States only. Orders are shipped via UPS, USPS, or FedEx in approximately 7 to 14 business days. We offer free shipping for orders $100 and over within the contiguous U.S. 48 states. Outside the contiguous 48 states (Alaska, Hawaii, Porto Rico, The Virgin Islands), an additional shipping charge will be invoiced separately.
Risk of Loss Policy
All purchases of physical items from Foamonline are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We are not responsible for products lost or damaged in shipping. We will process a claim with the delivery agency on your behalf for lost or damaged products. It is the customer receiving the package’s responsibility to check for shipping damage prior to opening. Photograph the damaged area and notify us within three (3) days. We require photographs (prior to opening) and all packaging materials in order to process a claim with the delivery agency on your behalf.
We are not liable for the following:
- Orders that are cut correctly by us with incorrect dimensions provided by the customer. We do our best to contact customers before order production if we believe incorrect dimensions were provided by the customer.
- Errors made during the ordering and checkout process. Customers are responsible for and assume the cost of correcting any mistakes.
- Orders the customer thinks are the wrong size because they are measuring differently than how our website instructs.
- Products the customer thinks are not comfortable enough or does not like for some other subjective reason.
- Damage incurred during shipping. It is the customer receiving the package’s responsibility to check for shipping damage prior to opening. Photograph the damaged area and notify us within three (3) days. We require photographs (prior to opening) and all packaging materials in order to process the claim on your behalf.
We are liable for the following:
- The costs of correcting any mistakes that we make if we fail to correctly produce orders using the information provided by the customer, provided that:
- The foam is not Polyurethane (1.2 lb.), as we can not guarantee that polyurethane foam will maintain its original shape during shipping.
- The product/s produced is outside of the range specified in the Dimensional Tolerances Table (shown in the Return Policy section).
- The customer notifies us within three (3) days of receiving the product/s.
- Pickup by a ground carrier that we schedule after receiving confirmation from the customer that the defective product/s ready for pick up.
Products must be returned in factory condition and any changes to the factory condition of the product will void any return eligibility. This includes, but is not limited to: reshaping, resizing, trimming, tears, cracks, splits, punctures, stains, scuffs, and odors. Returns are also void if the product has been physically abused, damaged, soiled, or infested.
Return claims must be made by the product’s original purchaser. If a product is shipped to a customer, and the return is shipped back to us, the customer is responsible for the actual shipping costs, both to and from FoamOnline. After inspection and our acknowledgment of product defects, we may issue a replacement or repair. We reserve the right to replace or repair the product with similar materials of equal or greater value that may not be an exact match to the original.
Foam requires vacuum packing for shipping. This does not harm the foam. However, after removing foam from its packaging, due to the nature of foam products, it may require time to expand to its full size. Please leave foam out and unused to allow them to expand to their full, proper size before inspection for possible body impressions. This can take 1-7 days. Leaving items in their compressed packaging will damage them and void any returns. We cannot guarantee that polyurethane foam (1.2 lb.) will maintain its original shape during shipping. Any defects must be notified within 3 days after delivery.
New foam products may carry a “factory-fresh” scent that dissipates over time when given the opportunity to air out. This normally takes one to two days but can take up to two weeks. This scent is a result of normal manufacturing processes and is not a defect or flaw. For this reason, a foam scent is not grounds for or eligible for a return.
Foam is cut to 1/4″ increments only. Cut foam sizes have limitations. Orders beyond limitations will be glued or cut in increments. Receiving foam that is glued together to achieve desired product dimensions is not grounds for or eligible for a return.
If you have received incorrect products in error, please contact us at email@example.com with details and we will evaluate the situation. After our acknowledgment of any errors, we may correct the mistake. The incorrect product must be returned and in factory condition before we will issue an order correction.
Mistakes in Size:
Please refer to our dimensional tolerance table below. If any product you order with specific dimensions is outside of the range specified, it is eligible for return or repair. The product/s must be returned in factory condition for a refund or exchange. We reserve the right to repair the product with similar materials of equal or greater value that may not be an exact match to the original. Note that each tolerance is respective to an individual dimension of the product, not a total sum of all dimensions.
|Product||Length||Width||Thickness / Height|
|Standard/Custom Cut Mattresses and Toppers||± 1-1/2″||± 1-1/2″||± 1/2″|
|Seats and Cushions|
|Product||Length||Width||Thickness / Height|
|Custom Cut Seats and Cushions||± 1″||± 1″||± 1/2″|
|Foam and Express Foam Sheets|
|Product||Length||Width||Thickness / Height|
|Custom Cut Foam||± 1/2″||± 1/2″||± 1/4″|
|Express Foam Sheets||± 1/2″||± 1/2″||± 1/4″|
|Product||Length||Width||Thickness / Height|
|Square / Cube / Rectangle||± 1/2″||± 1/2″||± 1/4″|
|Trapezoid||± 1/2″||± 1/2″||± 1/4″|
|Bolster||± 1/2″||± 1/2″||± 1/4″|
|Wedge||± 1/2″||± 1/2″||± 1/4″|
|Triangle||± 1/2″||± 1/2″||± 1/4″|
|Cylinder||± 1/2″||± 1/2″|
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Hyperlinking to our Content
- The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
- These organizations may link to our home page, to publications, or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP, and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law, and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Foamonline and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Foamonline’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Unless otherwise stated, Foamonline and/or its licensors own the intellectual property rights for all material on Foamonline. All intellectual property rights are reserved. You may view and/or print pages from https://foamonline.com/ for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from https://foamonline.com/
- Sell, rent or sub-license material from https://foamonline.com/
- Reproduce, duplicate or copy material from https://foamonline.com/
- Redistribute content from Foamonline (unless content is specifically made for redistribution).
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
- This Agreement shall begin on the date hereof.
- Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material, and data (‘Comments’) in areas of the website. Foamonline does not screen, edit, publish, or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Foamonline, its agents, or affiliates. Comments reflect the view and opinion of the person who posts such views or opinions. To the extent permitted by applicable laws Foamonline shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
- Foamonline reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive, or otherwise in breach of these Terms and Conditions.
- You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary rights of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material or material that is an invasion of privacy.
- Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
- You hereby grant to Foamonline a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats, or media.