TERMS AND CONDITIONS
Last updated on 06 December 2021.
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
AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
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 email@example.com 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 1 to 14 business days. Orders placed before 10:00 AM PT will count toward the same business day they were placed. Orders placed after 10:00 AM PT will count toward the next business day. We offer free shipping for orders $150 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.
Shipping Damage & Risk of Loss
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 passes to you upon our delivery to the carrier. We can not guarantee that products will not get damaged or lost in shipping and are not responsible for products damaged or lost in shipping.
We will process a claim with the delivery agency on your behalf for damaged or lost 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 to products during shipping.
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 1.2 lb. density Commercial Grade Polyurethane foam as we can not guarantee that this 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 1.2 lb. density polyurethane foam will maintain its original shape during shipping. Any defects must be notified within 3 days after delivery.
Our foams have markings on them of their dimensions. This is necessary in order to identify foam pieces and prevent mistakes during shipping. As such, markings are not to be considered a defect or flaw and are not grounds for or eligible for a return.
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 firstname.lastname@example.org 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 and 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||± 1/2″||± 1/2″||± 1/4″|
|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″|
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
purpose; and (5) your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.
We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes only.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the Marketplace Offerings available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All Marketplace Offerings are subject to availability, and we cannot guarantee that Marketplace Offerings will be in stock. Certain Marketplace Offerings may be available exclusively online through the Site. Such Marketplace Offerings may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.
PURCHASES AND PAYMENT
You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
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.
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
These terms shall be governed by and defined following the laws of California, U.S.A., and yourself irrevocably consent that the courts of California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be Santa Barbara, CA. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of California.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURE
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at:
Upholstery Decor Inc.
5788 Hollister Avenue,
Goleta, California, 93117