Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Cushion Wall's relationship with you in relation to this website. If you do not agree with any of the terms or conditions, do not access or otherwise use the web site in any way or use any information or materials contained on the web site. Your use of this website, a variation of this website, or any related website shall be deemed to be your agreement to abide by each of the terms and conditions set forth below. The terms of service may occasionally be updated without prior notice to you. Your use of this web site, a variation of this web site or any related web site constitutes your acceptance of any modifications to the terms of service. These terms and conditions shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario, without giving effect to conflict of law principles thereof. Each term and provision of this agreement shall be valid and enforceable to the fullest extent permitted by law and any invalid, unlawful or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid, unlawful or unenforceable term or provision.

User Obligations

Customers are required to follow the measuring guides provided on this website to obtain the measurements required by us to produce your wall panels correctly.

Lead Times

CushionWall.ca can post an estimated lead time required to produce any custom made products. The posted lead time is calculated as the current average time required by our production facility to complete orders from the time they were placed and does not include any time required for shipping. The posted lead time is subject to change without notice and should only be considered an estimation of current production speeds at the time the order was placed.

Our Obligations

CushionWall.ca is obligated to design and produce wall panels in the fabric and style options selected by the customer and in the dimensions provided by the customer in accordance with our measuring guides and within certain tolerance, depending on the style selected: simple wall tile: within one-quarter of an inch (1/4” ) of the dimensions (width, length) provided by the customer tufted wall tile: within one-half of an inch (1/2”) of the dimensions (width, length) provided by the customer CushionWall.ca is not responsible for products that were made correctly based on the dimensions supplied by the customer, in accordance with our measuring guides, and have finished dimensions that fall within the tolerances established in the tolerance charts in these terms and conditions.

Fabric Images

Although we have made every effort to provide our customers with the most accurate representation of our fabric selection, some fabric images will vary in color when displayed on different monitors and may appear slightly different from the actual fabric due to several factors. This includes but is not limited to variations in lighting, monitor quality, operating system and device capabilities. CushionWall.ca is not responsible in any way for products that were made correctly according to the information supplied by the customer that a customer is unhappy with for subjective reasons such as color preference or material comfort. Fabric swatches are available in our Fabric Shop and are very reasonably priced to help ensure there is no confusion with regards to the color and texture of fabrics and we encourage customers to order sample swatches of fabrics prior to placing their order for wall panels.

Pricing

Prices displayed on this web site are in CAD dollars. CushionWall.ca reserves the right to adjust or change the price of any product that appears on this web site at any time and without notice.

Sale Discounts

Sale discounts are subject to change without notice and cannot be applied retroactively to orders that have already been placed.

Discount Codes

Discount codes provided on this web site expire after a predetermined date and cannot be used retroactively, extended, renewed or replaced for any reason. Once the date of expiration for a discount code has passed it will no longer useable on this web site. CushionWall.ca is not responsible for lost or stolen codes or discount codes that have been used without permission.

Payment

CushionWall.ca is a fully custom shop and all of the products and services that appear on our web site are completely tailored to customer specifications. As such, we require payment in full prior to beginning the production process of any order.

Returns and Exchanges

Every product appearing on this website is custom-made according to customer specifications, including fabric colors, sizes and/or other custom attributes, and therefore cannot be returned or exchanged.

Order Changes

If you have placed an order and would like to make a revision, please inform us as soon as possible by contacting our customer support team using the contact form on our website. We can make just about any change to your order if we are informed within one (1) business day from the time the order was placed. After this grace period, we cannot guarantee that the changes you request will not incur additional fees if the production process has already begun or if materials have already been consumed for your order. Order change fees are determined at the time of the requested changes and are based upon the products and materials in your order.

Order Cancellations

CushionWall.ca can accept order cancellations if the cancellation request is received by our staff within one (1) business day from the time the order was placed. All items appearing on this website are custom made to customer specifications. Once the materials for your order have been cut or consumed they will no longer be suitable for use on any future orders. Therefore, we cannot guarantee that your order will be cancelled if a request is not sent to our staff within 24 hours of placing your order. If materials for your order have already been consumed within that time and you still wish to cancel your order, we will be required to charge you for any used materials and cancellation processing fees.

Defective Merchandise

Claims for defective merchandise must be submitted to CushionWall.ca within five (5) business days of receiving the order. Returns of any defective products must be authorized by CushionWall.ca and must be accompanied with the proper documentation as requested by a customer support representative.

Shipping Damage Claims

Once your order arrives, please inspect the packaging for any damage and open within two (2) business days after receiving it. If the packaging and/or product are damaged on arrival, please contact our customer support team within two (2) business days of receipt and submit detailed photos of the damaged product and packaging. Do not discard damaged packaging as it is required by the shipping carrier for inspection. Once we receive the photos of the damage, they will be submitted to our production and shipping departments for review. If the product was damaged during the shipping process we will be required to file a claim with the shipping carrier, at which point they will need to inspect the product as well as the damaged packaging so please do not discard the damaged packaging materials that your product arrived in.

Address Correction Fees

Address correction and/or redelivery fees incurred by CushionWall.ca as a result of an incorrectly entered address by the customer will be charged to the customer.

Credit Card Transactions

The charge applied to your credit card should match the total on your invoice confirmation email. If you see what looks like more than one charge on your credit card record within the first 48 hours after your order, it is almost certainly just more than one approval. This occurs when your credit card company confirms more than once that you have enough credit for your CushionWall.ca transaction. Ultimately there will be only one actual charge, and any extra approvals will disappear. You can confirm this with your credit card company. If your credit card company does indeed confirm more than one complete and finished charge ("settlements" in credit card company lingo), or if you have any other question about billing discrepancies, please contact our customer support team with any concerns.

Credit Card Data

As a security precaution, CushionWall.ca does not retain any financial information related to your order with the exception of the billing address information provided to us during the checkout process. All credit card specific information such as credit card numbers, expiration dates and security codes are immediately discarded after the checkout process has been completed. In the event that any additional charges need to be processed in order for us to prepare your order, one of our representatives will contact you to provide your credit card information over the telephone.

Fraudulent Transactions

CushionWall.ca takes credit card fraud very seriously and will use every means at our disposal to prosecute any persons attempting to process a fraudulent credit card on this web site. Every transaction is reviewed in great detail and any suspected fraudulent transaction is immediately reported to all banking institutions involved as well as local and federal authorities.

Fraudulent Chargebacks

The intentional reversing of credit card charges after receiving a product or service is considered a form of theft and will not be tolerated for any reason. Any wrongful, criminal or fraudulent chargeback will be reported to the proper authorities immediately, including but not limited to your credit card provider, your banking institution, our credit processing provider and your local and federal authorities.

Notices

CushionWall.ca will give you any necessary notices by posting them on the CushionWall.ca Site. You authorize CushionWall.ca to send notices via electronic mail as well if CushionWall.ca decides, in its sole discretion, to do so. You agree to check the CushionWall.ca Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the CushionWall.ca Site.

Links

The CushionWall.ca Site may contain links to other web sites or resources. You acknowledge and agree that CushionWall.ca is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the CushionWall.ca Site does not imply that CushionWall.ca endorses the linked site.

Third Party Content and Monitoring

Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this CushionWall.ca Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of CushionWall.ca. CushionWall.ca neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this CushionWall.ca Site by anyone other than authorized CushionWall.ca employees acting in their official capacities.

Force Majeure

CushionWall.ca shall be excused from performance under this Terms of Service if CushionWall.ca is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of Canada, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of CushionWall.ca.

Disclaimer of Warranties

Although CushionWall.ca endeavors to provide current, accurate and reliable information on our web site, it does not warrant or make any representation regarding the events or the accuracy, reliability or any use of information on this web site. CushionWall.ca does not warrant that your use of the CushionWall.ca web site, or the operation or function of the CushionWall.ca web site, any component thereof, or any products, software or services offered in connection therewith, will be uninterrupted or error free: or that defects therewith will be corrected; or that this web site or it's server is free of viruses or other harmful elements. Your use of the CushionWall.ca web site is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment you use in connection with your use of this web site. CushionWall.ca and its suppliers make no representation about the suitability, reliability, availability, timeliness, and accuracy of the CushionWall.ca web site. The CushionWall.ca web site content is provided "as is" and "as available" without any express, implied or statutory warranty of any kind including warranties of merchantability, title, non-infringement of third party rights, or fitness for any particular purpose.

Limitation of Liability

In no event shall CushionWall.ca and/or its suppliers be liable for any indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the CushionWall.ca web site, the use or performance of the CushionWall.ca web site, the delay or inability to use the CushionWall.ca web site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the CushionWall.ca web site, or otherwise arising out of the use of the CushionWall.ca site, whether based on contract, tort, negligence, strict liability or otherwise, even if CushionWall.ca or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of this web site, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the CushionWall.ca web site. This sole and exclusive remedy is separate and independent of any other provision that limits CushionWall.ca's liability or your remedies.

Privacy Policy

Your use of the CushionWall.ca Site is governed by the CushionWall.ca Privacy Policy.