Purchase Terms and Conditions
Please read the following terms of purchasing and disclaimers carefully.
Cancellation Policy
You may cancel your order by emailing us at [email protected]. Since we supply “Foam Cut to Size” in one day or less it may be hard to cancel foam orders before production has begun. You must receive email confirmation from us to guarantee that your order has been cancelled.
FOAMITE® 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. Custom Mattresses 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 cancelled.
Customers will have sixty (60) days to submit their template(s) for orders with such requirements. If a customer does not respond to our contact attempts within these 60 days, FOAMITE® has the right to cancel the order(s) and charge the customer a $45 cancellation processing fee per order.
Customers will have sixty (60) 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 60 days, FOAMITE® has the right to cancel the order(s) and charge the customer a $45 cancellation processing fee per order.
FOAMITE® reserves the right to accept or reject reworks at our own discretion.
Accuracy & Damages
Foam is a flexible product and cannot be cut as accurately as a rigid product like wood. All custom cut foam will be cut within a plus or minus 1/4″ (0.64 cm) of accuracy unless otherwise stated.
Open and inspect all items in your packages upon receipt. Any damages or errors must be notified to us via email within 3 days of receipt of goods. Most foam orders require vacuum packing to reduce shipping cost. This does not harm the foam. Leave foam out and unused until proper size recovers. Depending on foam grade this may take 1-7 days.Leaving foam items in their compressed packaging for over 10 days, may damage them. Please unpack the foam or mattress as soon as you receive it.
Foam Scent:
Occasionally, brand-new foam products (cut to size foam and foam mattresses) will carry a “newness” scent; a result of the close proximity with which bulk foam materials are stored and shipped before arriving at our facility. This is typically present in all new products including new foam materials that have recently been manufactured into the product you ordered. In a sense, a foam scent when you first receive your order is a confirmation that you’ve received a brand-new, top-quality foam product, made to your specifications.
That factory-fresh scent dissipates in products over time, when given the opportunity to air out. Most people find the scent disappears somewhere within a two-week period, sometimes only after a day or two, while others never notice a scent at all. It is important to note that a foam product with a factory-fresh scent is not defective, damaged, or of inferior quality in any way. For this reason, a foam scent is not grounds for or eligible for an authorized exchange. As a factory-fresh scent is a result of normal manufacturing processes and not a defect or flaw, a standard product may be returned without FOAMITE® being at fault as an authorized return. The product is subject to a 25 percent restocking fee, and the customer is responsible for actual shipping costs, both to and from FOAMITE®. For a return to be authorized, the product being returned must be in factory condition. Custom-cut products are not returnable or exchangeable.
Who’s Responsible for What?
Customer Responsibilities
- FOAMITE® 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.
- FOAMITE® is not responsible for cushions the customer thinks are the wrong size because they are measuring differently than how our website instructs.
- FOAMITE® 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).
- FOAMITE® is not responsible for cushions the customer thinks are not comfortable enough or does not like for some other subjective reason.
- FOAMITE® is not responsible for templates sent to us for use as custom cushion patterns. These templates become property of FOAMITE® and will not be returned to the customer. FOAMITE® 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 FOAMITE® within three (3) business days. We require photographs (prior to opening) and all packaging materials in order to process the claim on your behalf.
- FOAMITE® 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.
FOAMITE® Responsibilities
- FOAMITE® is responsible for creating a finished product within a certain tolerance, depending on the shape selected. Standard industry tolerances are plus or minus one-quarter inch (+/- ¼”) of the dimensions (thickness, depth, and width) provided by the customer.
- FOAMITE® 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 FOAMITE® within three (3) 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 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 odours, etc.
- If a customer follows procedure to return a cushion and FOAMITE® deems that said cushion is, in fact, correct based on the customer’s order, the customer will be responsible for any costs FOAMITE® incurs to return the cushion to the customer.
Delivery and Returns
Most delivery attempts (except local deliveries made by our truck) are Monday through Friday, curbside, via common carrier. Although 99% of deliveries arrive as scheduled, subsequent delivery attempts may be required. Saturday/Evening/Inside deliveries are available for a surcharge by written request at time of ordering.
Due to Courier delivery policies, FOAMITE® does not ship to P.O. Boxes. Listing a P.O. Box as a ship-to address may delay your order, as we will have to contact you to arrange alternate delivery options. Please contact us before placing your order if it must be shipped to a P.O. Box.
If you refuse your shipment you agree to let us charge your credit card a second time for the return shipping charges.
If FOAMITE® 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 a $15 address correction fee, a $15 delivery interruption fee to reroute, redelivery fees and any associated shipping charges.
All returned merchandise must be in “brand new” condition by our assessment (except warranty claims). You must have your receipt in order to make any returns or warranty claims. Your receipt is the packing slip that comes with your shipment. If for any reason you need to return something you agree to follow our packaging instructions, which reduce shipping charges.
Any returns approved by FOAMITE® must be returned in factory condition, and any changes to the factory condition of the product will void the Return. This includes, but is not limited to: reshaping, trimming, tears, cracks, punctures, stains, and odors. If a product is shipped to a customer, and the return is shipped back to FOAMITE®, the customer is responsible for actual shipping costs, both to and from FOAMITE®.
If a product is shipped to a customer, and the return is made in-store at a FOAMITE® facility, the customer is responsible for the initial actual shipping cost. If a product is purchased in-store, and the return is shipped back to FOAMITE®, the customer is responsible for the cost of shipping to FOAMITE®. If the product is purchased in-store, and the return is made in-store at FOAMITE® facility, the product is subject to a 25 percent restocking fee.
Returns of Foam Products
Approved returns or exchanges must arrive at the FOAMITE® Vaughan Factory within 21 calendar days of the shipping or pickup date.
Foam products may NOT be returned for any reason other than what is stated below:
Incorrect Order:
If you have received incorrect products in error, please contact us to return the order to FOAMITE® so we may correct the mistake. FOAMITE® will cover all ground shipping and handling charges. With all orders being unique, and many being customized, please contact us before making your return. It may only be necessary to return a single component rather than the whole order, saving you the hassle of repackaging the entire order, and allowing you to utilize the correct parts of the shipment while the situation is being rectified. The incorrect product must be received by FOAMITE® before FOAMITE® will issue an order correction. Products must be returned in factory condition.
Mistake in Size:
If any foam product you order with specific dimensions is outside of the range specified (+/- ¼’ accuracy), you may return the product, in factory condition, for a refund or exchange, and FOAMITE® will cover all ground shipping and handling charges. Please contact us before making your return; it may only be necessary to return a single component rather than the whole order, saving you the hassle of repackaging the entire order, and allowing you to utilize the correct parts of the shipment while the situation is being rectified. The incorrect product must be received by FOAMITE® before FOAMITE® will issue an order correction.
Immediate Defects:
If your order is correct and within the acceptable size tolerance range, but contains an immediate factory defect, it must be returned as originally received, and be in FOAMITE® possession within 21 calendar days of the product’s ship or pickup date to make a return or exchange. The customer is responsible for the actual shipping costs, both to and from FOAMITE®.
Authorized Return:
If a return is authorized without FOAMITE® being at fault, the product is subject to a 25 percent restocking fee, and the customer is responsible for the actual shipping costs, both to and from FOAMITE®. For a return to be authorized, the product being returned must be in factory condition. Custom-cut products are non-returnable.
Authorized Exchange:
If an exchange is authorized, the customer is responsible for the actual shipping costs, both to and from FOAMITE®. For an exchange to be authorized, the product being returned must be in factory condition. Custom-cut products are non-exchangeable.
Making a Return
- All products must be accompanied by a receipt in order to make warranty claims or returns. Your receipt is the packing slip that comes with your shipment. Approved returns or exchanges must arrive at a FOAMITE® facility within 21 calendar days of the shipping or pickup date, or the time frame specified by the particular guarantee or warranty of the product.
- Please call us with your name, invoice number, date of invoice, and the date you will be returning the product.
- Once your return has arrived at our facility, please allow 10 to 15 business days for your return to be processed.
NOTE: FOAMITE® is not responsible for lost or misdirected returns. For your protection, please insure all returns. FOAMITE® does not offer expedited shipping, at our cost, for any reason.
Mattress Warranty
The Warranty exclusively covers an increase in body impressions of 1-1/2 inches or greater, starting from the product’s shipping date, or invoice date for in-store pickups. After inspection and FOAMITE® acknowledgement of product failure, defective products may be returned for replacement or repair. If a product is shipped to a customer, and the return is shipped back to FOAMITE®, the customer is responsible for actual shipping costs, both to and from FOAMITE®. If a product is shipped to a customer, and the return is made in-store at a FOAMITE® facility, the customer is responsible for the initial actual shipping cost.
If a mattress is purchased in-store, and the return is shipped back to FOAMITE®, the customer is responsible for the cost of shipping to FOAMITE®. FOAMITE® reserves 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. The Warranty only covers body impressions of 1-1/2 inches or greater. Issues the Warranty does not cover include, but are not limited to: normal softening, body impressions less than 1-1/2 inches, cracking, and/or splitting. The Warranty will be void if the product is found to have been physically abused, damaged, soiled, infested, resized, or reshaped in any way. Warranty claims must be made by the product’s original purchaser. Refer to the specific product page for length of Warranty.
Please note that due to the manufacturing process, minor imperfections are normal and do not affect the overall performance of Latex foam rubber. Latex’s pin-core perforations may fully extend through the product, or they may not. This is a normal result of the manufacturing process, and neither variation is to be considered a flaw or defective.
Warranty Impression Evaluation:
FOAMITE® Mattress/Topper Warranty covers an increase in body impressions of 1-1/2 inches or greater, respective to the duration of the product’s individual warranty length. Due to the nature of foam products, we must allow them to expand to full size before inspection for possible body impressions. If a mattress or topper is returned to our facility, we will place it on a flat surface for 24 hours, and then evaluate the presence or absence of a body impression 1-1/2 inches or greater.
Please contact us with any questions regarding the evaluation of body impression Warranty claims. The Warranty only covers body impressions of 1-1/2 inches or greater. Issues the Warranty does not cover include, but are not limited to: normal softening, body impressions less than 1-1/2 inches, cracking, and/or splitting.
FAQs About Ordering
The following are the questions most commonly asked by our customers. If you do not find the answer to what you are looking for, please Contact Us.
Can I return a custom-cut foam order?
Due to the one-of-a-kind nature of custom-cut orders, they may not be returned or exchanged. See our Return Policy for issues involving incorrect orders, mistakes in size, or defects.
What is your privacy policy?
We will store all information except for payment information, such as credit card numbers. Any and all information stored by us will not be shared with other organizations for commercial purposes. Please visit our Privacy Notice page for more detailed information.
Is it safe to use my credit card on the website?
Our online credit card system allows you to enter your information directly into our bank. Your information is used only once. We never see your credit card number, and it is never stored in our computers.
How long does it take my foam to ship out?
After we receive your order, processing typically takes 1 to 5 business days after we receive your patterns. Shipping time via Canada Post or courier will vary depending on your proximity to the FOAMITE® Vaughan Factory. FedEx Ground typically takes about 5 to 6 business days. Custom mattress orders may take up to 21 business days for processing.
What forms of payment do you accept?
FOAMITE® accepts the following forms of payment for amounts under $1000.00: VISA, MasterCard, Discover Card, American Express, and PayPal. A signature will be required for transactions that exceed $750.00.
We do not accept payments via credit cards issued outside North America because our fraud department will be unable to verify the billing information.
For all amounts (including those over $1000.00), payment can be arranged via certified check, wire transfer, or money order. Orders placed using one of these payment methods will not ship until the payment clears. Please Contact Us before placing your order if you wish to arrange payment by one of these methods.
Sorry, no cash on delivery (COD) orders.
Do you charge sales tax?
The Harmonized Sales Tax (H.S.T.) will be applied to all orders in Canada. The H.S.T. will be collected and submitted to Revenue Canada in accordance to tax collection procedures.
If your organization has been approved for tax exempt status, please Contact Us to request a tax exemption form to be filled out and returned to us. These forms are required to be awarded a tax exemption on orders from our company. No other documentation is required. Once your tax exemption has been processed, orders placed through your customer account on this website will not be charged sales tax.
What is the difference between open-cell and closed-cell foam?
The structural difference between open-cell foam and closed-cell foam is that open-cell foam has the foam’s cells open to each other. Closed-cell foam’s cells are completely closed off from one another, like tiny bubbles.
Can I wash my product?
Foam products are not machine washable; doing so will damage or destroy the material. It may be possible to spot clean small stains with gentle cleaning agents, as long as the product is given ample time to dry. FOAMITE® is not responsible for any damage that occurs while attempting to clean a foam product. Use of a cover is encouraged for any foam product, as it will extend its life and keep it cleaner.
Products in non-removable covers are spot clean only, as the foam inside cannot be laundered. Removable mattress covers are dry clean only. Removable commercial cotton stripped covers can be spot cleaned as needed, but are also machine washable on the gentle cycle in cold water, and should be hung to dry. Terrycloth and Poly-Cotton Knit Covers can be laundered in the same way as the removable twill cotton or suede covers: launder them on the gentle cycle in cold water, hanging them to dry.
I notice that you have free shipping and handling. What areas does this benefit cover?
The free shipping and handling offer is valid only to customers within the Greater Toronto Area (GTA) at specific days and times – Monday to Friday from 9 am to 5 pm, and that purchase an amount over $500. Please Contact Us for shipping to locations outside Canada.
More Terms & Disclaimers
Payments & Signature Waiver
Orders over $100 will be shipped with a signature required at the time of delivery. You may fax or email us a letter/waiver to assume responsibility for your shipment without a signature on delivery.
A signature may be required for orders that exceed $750.00. We will contact you if a signature is necessary to continue processing your order. FOAMITE® is unable to accept credit card or PayPal payments over $1000.00. For orders over $1000.00, please contact us before placing your order to arrange payment by check or wire transfer.
Price, Shipping, and Availability Changes
Prices, shipping, and availability are subject to change without prior notice. We reserve the right to make changes to our site, services, and/or products without notice. This may be due to market conditions, discontinuation of products, typographical, photographic, or technical errors on our website. If you have ordered a product that is subject to a price or shipping increase, we will hold your order and inform you of the increase before it ships.
Address Match
With regards to credit card orders, please be sure your bill to and ship to address matches what is on file with your credit card company. Invalid address information may delay your order.
Delayed/Late Shipments
Customer takes on full liability for safety and validity of the delivery address given to us at the time of purchase. FOAMITE® will not pay any forwarding costs on shipments.
Product Suggestions
Any product suggestion made by FOAMITE® and its employees should be taken as just that – a suggestion. FOAMITE® and its employees will attempt to make every effort to suggest the best product(s) for an application as described, but these suggestions should not be viewed as a guarantee of performance. All suggestions must be taken into consideration while understanding there are variables unique to every space and situation that may affect results.
Typographic, Photographic and Technical Errors
Although we try our best to make our website 100 percent accurate, on occasion errors and inaccuracies occur. If you encounter an error or inaccuracy, please Contact Us about the mistake so that it can be corrected.
Warranty Disclaimer and Limitation of Liability
FOAMITE® will not have any liability to anyone for incidental or consequential damages or any other liability, loss or damage arising out of or related to our products, even if FOAMITE® or an authorized representative of FOAMITE® has been advised of the possibility of such damages. Unless otherwise specified, all products are sold as is, and no warranty will be made concerning the performance of our products.
FOAMITE® does not warrant that this website or the server that makes this website available is free of viruses or other harmful components. This disclaimer by FOAMITE® does not in any way affect the terms of a manufacturer’s warranty should there be one. In no event shall FOAMITE® total liability to you for any and all damages, losses and causes of action (whether in contract, tort [including, but not limited to, negligence] or otherwise) exceed the amount paid by you, if any, to FOAMITE® for the specific merchandise at issue.