TERMS & CONDITIONS OF SALE

Acceptance of Terms & Conditions of Sale:

1) Online Orders: By processing any order through CushionsAndUmbrellas.com online website, customer acknowledges acceptance of the terms and conditions herein. All CushionsAndUmbrellas.com products are made-to-order. A copy of the order transaction including all terms and conditions will be automatically sent via email to the purchaser of any order at the customers email address given at the time of order. It is the customer's responsibility to fully read and understand these terms and conditions. Should customer have any challenges with the terms and conditions, customer may cancel an order with written notice within 48 hours of placement of any order or sale is considered final and subject to all the applicable terms and condition of this agreement.

2) Phone Orders - By placing an order over the telephone verbally through CushionsAndUmbrellas.com customer service department, email or fax, customer is acknowledging acceptance of the terms and conditions of this website. A copy of the order transaction including all terms and conditions will be automatically sent via email to the purchaser of an order at the customers email address given at the time of order. It is the customer's responsibility to fully read and understand these terms and conditions herein. Should customer have any challenges with the terms and conditions, customer may cancel this order with written notice within 24 hours of placement of any order or sale is considered final and subject to the all applicable terms and condition of this agreement.

3) Cancellation Policy – Orders may be cancelled within 24 hours of placement. Note: If an order has been processed to a manufacturer and work has been performed, orders are considered final and non-cancelable.

4) CushionsAndUmbrellas.com reserves the right to send replacement parts when applicable. CushionsAndUmbrellas.com return policy does not cover items damaged due to misuse, neglect, wind, weather conditions or other "acts of God". It is the customer's responsibility to properly care for, maintain, store and safely use the products ordered. If any questions arise about proper use, please email questions to:

cs@CushionsAndumbrellas.com.

5) When returning an item for any reason, item MUST be packaged in the original carton, and have the express permission of CushionsAndUmbrellas.com via a Return Material Authorization. Items that have been scratched or dented by opening of box, set up, placement in stands, bases or tables, movement of furniture, etc., are considered un-sellable and no longer in new condition. Un-sellable items will not be accepted for return unless there has been a clear manufacture defect.

6) Actual fabrics and components may vary slightly from color charts and or pictures as displayed due to particular lighting effects, computer monitor displays, graphics and availability of particular seasonal items. Therefore CushionsAndUmbrellas.com cannot be held accountable for any persons who improperly decide a specific color choice, unit style, or size dependant on the visual picture only. It is the customers’ responsibility to read all descriptions in the item shopping cart before ordering. If CushionsAndUmbrellas.com so chooses to accept a returned item, it is at CushionsAndUmbrellas.com sole discretion whether or not a restocking fee and or shipping charges will apply.

7) Refunds will be given for the purchase price less All shipping and handling charges and restocking fees as agreed upon. Customer will be responsible for return shipping via UPS or USPS to us, except when a manufacturing defect is verified. In such cases (verifiable manufacturing defect), seller may choose to send a call tag for the merchandise to have it picked up. CushionsAndUmbrellas.com reserves the right to repair or replace such merchandise at CushionsAndUmbrellas.com’s discretion. Refunds are issued within 30 days of our inspection of returned items. Should any item be refused delivery and returned without authorization, a 25% restocking fee plus all shipping and handling fees will be charged at minimum. However, it is at CushionsAndUmbrellas.com sole discretion whether a refund of any type will be issued. Only items with written authorization including (MRA #'s) are eligible for a full purchase price (less S&H and any applicable restocking fees) refund. For this reason, we ask that you email us at: cs@cushionsandumbrellas.com to obtain a valid material return authorization number (MRA #)

8) Umbrellas & Stands - All items should be physically inspected directly out of the box without being placed in a stand or table. Should any damage including, SCRATCHES, DENTS, Rips and or Tears of Fabric from placement in stands or tables occur, said items are no longer considered as new and will not be accepted for refund or replacement. Any umbrella that has a custom fabric, pole color alternative, component alternatives, etc., are considered custom ordered and are non refundable, or returnable for any reason outside of clear manufacturing defects. Actual umbrella fabrics and components may vary slightly from color charts and or pictures as displayed due to particular lighting effects, computer monitor displays, graphics and availability of particular seasonal items. Therefore CushionsAndUmbrellas.com cannot be held accountable for any persons who improperly decide a specific color choice or unit style dependant on the visual picture only. No returns will be accepted for improper color choices dependant on the color computer monitor displays. All Umbrellas are considered custom and are therefore non returnable nor refundable unless there is a clear, demonstrable manufacturing defect.

8-B) Cushions and Pillows- All cushions and pillows have been made-to-order. Cushions and pillows are non-returnable or refundable unless a clear manufacturing defect has occurred. Cushions and pillows may vary slightly in thickness and size dimensions, within 1/4 to 1" due to internal filling compaction, rebound, and styles of edging, stitching and particular internal fill. Cushions and pillows are non returnable if size and filling dimension are within the parameters as previously described. All items should be physically inspected directly out of the box and or packaging without being placed in the appropriate piece of furniture. Should any damage including, rips, tears, stains, marks or color transfer, etc., occur from opening of box, placement in stands or tables, furniture, etc., said items are no longer considered as new and will not be accepted for refund. Actual cushion and pillow fabrics and components may vary slightly from color charts and or pictures as displayed due to particular lighting effects, computer monitor displays, graphics and availability of particular seasonal items. Therefore CushionsAndUmbrellas.com can not be held accountable for any persons who improperly decide a specific color choice or unit style dependant on the visual picture only. No returns will be accepted for improper color selections made.

9) Shipping Policy - Shipping and handling charges apply to all orders unless listed as free shipping or pre-negotiated in writing and authorized prior to final shipment of item. All charges will be included in the final transaction price and disclosed as the total cost for items purchased. Should items be returned for any reason outside of manufacturing defect, shipping fees will be deducted from any credit due customer. The Customer is responsible for return shipping via UPS or USPS to CushionsAndUmbrellas.com, except when a manufacturing defect has been verified. In such cases, the customer will pay for the initial return shipping cost and a refund will be applied once the item has been inspected and confirmed to be a manufacture defect. In some cases, CushionsAndUmbrellas.com may choose to send a call tag for the return merchandise. CushionsAndUmbrellas.com reserves the right to repair or replace such merchandise at CushionsAndUmbrellas.com discretion. CushionsAndUmbrellas.com is not liable for any damage caused by shipping carriers. CushionsAndUmbrellas.com will attempt to facilitate and help with all shipping challenges, but cannot be held liable for damaged items that are out of our control.

Note: Should any customer desire to receive an item by a particular date, customer should contact CushionsAndUmbrellas.com prior to placing the order to determine feasibility of request.

CushionsAndUmbrellas.com will do its absolute best to process each order to manufacture within 24 hours of receipt of order or next business day; However, CushionsAndUmbrellas.com does not guarantee any item to be shipped and or delivered by any particular date. CushionsAndUmbrellas.com is not responsible for any delivery delays due to circumstances out of its control and cannot be held liable for any product that is not delivered by a customers’ anticipated or expected delivery time frame.

10) Shipping Lead Times – All items are Made-To-Order and are therefore shipped directly from the manufacturer. Ordered items typically ship within 15 to 25 business days (unless otherwise specified). However, particular products with fabric, pole & material color choices may take up to an additional 5 - 15 days depending on fabric and component availability. Once items ship from warehouse, shipping time may take anywhere from 5 to 7 business days dependant on products ordered and particular freight carrier arrangements. Once an item has been manufactured, assembled, packaged and shipped, standard shipping lead time listed above will apply.

11) Tracking Number Requests - Due to extremely high volume of orders processed in the spring and summer seasons, CushionsAndUmbrellas.com goal must be focused on processing orders as fast as possible to expedite a speedy shipment. CushionsAndUmbrellas.com simply does not have the resources and or time to respond or reply to all tracking number requests until after the minimum manufacturing & processing days have been allotted and or a clear order processing challenge has occurred. Customers should check the product description page of the item they ordered regarding estimated lead times. If the item is noticeably late and or missing subsequent to the last business day of the estimated manufacturing lead time and shipping estimate, customer should contact CushionsAndUmbrellas.com via email at cs@CushionsAndUmbrellas.com and include the Name, Order Id and estimated delivery time located on the product description page.

12) Risk of Loss - All items purchased from Cushionsandumbrellas.com 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.
13) Non-Disclosure & Privacy Policy - CushionsAndUmbrellas.com will never sell; trade and or distribute customer's personal information, such as email addresses, resident or business address, phone numbers, credit card information, etc., to any parties outside of this transaction authorization..

14) Liabilities - Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED HEREIN, CUSHIONSANDUMBRELLAS.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE. EXCEPT AS EXPRESSLY STATED HEREIN, CUSHIONSANDUMBRELLAS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THAT YOU AGREE THAT IN NO EVENT SHALL CUSHIONSANDUMBRELLAS.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.

15) Product Descriptions - CushionsAndUmbrellas.com and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you.

16) Payments & Credits – To ensure reasonable shipping times, all orders are automatically billed to customer's credit card through our secure merchant billing system at time of purchase.

Terms of Use for visiting CushionsAndUmbrellas.com

Welcome to CushionsAndUmbrellas.com. CushionsAndUmbrellas.com and its affiliates provide their services to you subject to the following conditions: If you visit or shop at CushionsAndUmbrellas.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future CushionsAndUmbrellas.com service (e.g., Distributors, Friends & Family & Favorites,) or visit or purchase from any business affiliated with CushionsAndUmbrellas.com , whether or not included in the CushionsAndUmbrellas.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

1. Privacy:
Please review our Privacy Policy, which also governs your visit to CushionsAndUmbrellas.com, to understand our practices.

2. Electronic Communications:
When you visit CushionsAndUmbrellas.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2a. Preferred Communication Vehicle:
In accordance with Paragraph 2, CushionsAndUmbrellas.com prefers the use of Electronic Communications over telephone based communications. All calls placed to CushionsAndUmbrellas.com will be answered as soon as possible, however, please expect an electronic e-mail or fax. This is intended as a protective measure for both you as a customer and CushionsAndUmbrellas.com.

3. Copyright:
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of CushionsAndUmbrellas.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of CushionsAndUmbrellas.com and protected by U.S. and international copyright laws. All software used on this site is the property of CushionsAndUmbrellas.com or its software suppliers and protected by United States and international copyright laws.

3. Trademarks:
CushionsAndUmbrellas.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of CushionsAndUmbrellas.com. CushionsAndUmbrellas.com trademarks and trade dress may not be used in connection with any product or service that is not CushionsAndUmbrellas.com's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits CushionsAndUmbrellas.com. All other trademarks not owned by CushionsAndUmbrellas.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CushionsAndUmbrellas.com or its subsidiaries. CushionsAndUmbrellas.com is a registered trademark by CushionsAndUmbrellas.com with the United States patent office.

4. License and Site Access:
CushionsAndUmbrellas.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the expressed written consent of CushionsAndUmbrellas.com . This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the expressed written consent of CushionsAndUmbrellas.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CushionsAndUmbrellas.com and our affiliates without expressed written consent. You may not use any meta tags or any other "hidden text" utilizing CushionsAndUmbrellas.com's name or trademarks without the express written consent of CushionsAndUmbrellas.com. Any unauthorized use terminates the permission or license granted by CushionsAndUmbrellas.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CushionsAndUmbrellas.com so long as the link does not portray CushionsAndUmbrellas.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CushionsAndUmbrellas.com logo or other proprietary graphic or trademark as part of the link without expressed written permission.

5. Your Account:
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CushionsAndUmbrellas.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use CushionsAndUmbrellas.com only with involvement of a parent or guardian. CushionsAndUmbrellas.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

6. Reviews, Comments, Communications, and Other Content:
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CushionsAndUmbrellas.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant CushionsAndUmbrellas.com and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CushionsAndUmbrellas.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CushionsAndUmbrellas.com or its affiliates for all claims resulting from content you supply. CushionsAndUmbrellas.com has the right but not the obligation to monitor and edit or remove any activity or content. CushionsAndUmbrellas.com takes no responsibility and assumes no liability for any content posted by you or any third party.

7. Copyright Complaints:
CushionsAndUmbrellas.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement. Please follow our Notice and Procedure for Making Claims of Copyright Infringement.

8. Other Business:
Parties other than CushionsAndUmbrellas.com and its subsidiaries operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. CushionsAndUmbrellas.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THIS SITE IS PROVIDED BY CushionsAndUmbrellas.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. CushionsAndUmbrellas.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CushionsAndUmbrellas.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CushionsAndUmbrellas.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CushionsAndUmbrellas.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CushionsAndUmbrellas.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. Applicable Law
By visiting CushionsAndUmbrellas.com, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CushionsAndUmbrellas.com or its affiliates.

11. Disputes:
Any dispute relating in any way to your visit to CushionsAndUmbrellas.com or to products you purchase through CushionsAndUmbrellas.com shall be submitted to confidential arbitration Miami, FL, except that, to the extent you have in any manner violated or threatened to violate CushionsAndUmbrellas.com 's intellectual property rights, CushionsAndUmbrellas.com may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

12. Site Policies, Modification, and Severability:
Please review our other policies posted on this site. These policies also govern your visit to CushionsAndUmbrellas.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.