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The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

• Legal Notice
• All notices from Orange Cactus Futons to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Orange Cactus Futons shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:
  
  
  Delivery shall be deemed to have been made by You to Orange Cactus Futons five (5) days after the date sent.



• Copyright
• All content included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of Orange Cactus LLC and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Orange Cactus LLC and protected by U.S. and international copyright laws.



• Trademarks
• OrangeCactusFutons.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 express written consent of Orange Cactus LLC. 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 express written consent of Orange Cactus LLC 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 OrangeCactusFutons.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing OrangeCactusFutons.com or Orange Cactus Futon's name or trademarks without the express written consent of Orange Cactus LLC. Any unauthorized use terminates the permission or license granted by OrangeCactusFutons.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of OrangeCactusFutons.com so long as the link does not portray Orange Cactus LLC, OrangeCactusFutons.com, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any OrangeCactusFutons.com logo or other proprietary graphic or trademark as part of the link without express written permission.



• Use Of Site
• This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Orange Cactus Futons and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Orange Cactus Futons believes that customer conduct violates applicable law or is harmful to the interests of Orange Cactus Futons and its subsidiaries.



• Privacy Policy
• OrangeCactusFutons.com regards your online privacy as an important and serious matter. We have created this privacy policy in order to demonstrate our commitment to this issue. The following discloses our information gathering and dissemination practices for TheFutonShop.com. As OrangeCactusFutons.com continues to develop we may add new features, change the type of information we gather or the method by which it is gathered. We will adjust this privacy policy to reflect any future changes, and notify users of any personal information we are requesting. Please review this policy for changes from time to time, and contact us if you have any questions. COOKIES A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive. We use cookies ONLY to keep track of your purchase information while you are conducting a transaction during an individual session. COLLECTION OF PERSONAL INFORMATION OrangeCactusFutons.com requires users to input personal information to access these features on the site: Placing an order This site's registration forms require users to give us contact information (including your name, email address, postal address and telephone number). Your contact information is stored within our customer database, to track your order. Occasionally, your email address may be used, only by us, to provide you with exclusive offers and special deals on our products. Your personal information will NEVER be sold or shared with any other parties. SECURITY This site has security measures in place to protect the loss, misuse and alteration of the information under our control. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. As is necessary, we transmit the entire credit card number to the appropriate credit card company during order processing. Your credit card information is not stored on our servers, and is not made available to any other parties.



• Shipping & Delivery
• We use the fastest, safest, and most reliable carrier to ship your products to you. We have long term partnerships with some of the best residential shipping companies nationwide. Everything we sell is hand packaged and then we select the best shipping method in order to provide you fast secure delivery to your home. When we ship every order we notify you via the email address provided to us on your order. This email will state the freight company we shipped with and the tracking number of your products. We also send you the phone number and web site of the freight company so you can track your order. These freight companies provide you with an estimated date of arrival. The shipping companies will contact you to set up an appointment. Be sure to contact us if anything seems unusual with the progress of the shipment. We have two methods of shipment available: Small Parcel or Truck Freight. Small Parcel Whenever possible we will ship smaller, lighter items via UPS or FEDEX. UPS and FedEx provide fast and reliable shipping available for many small items we sell. It will ship directly to your home. Depending on how close you are to the distribution area of UPS or FEDEX, your item should arrive between 2 and 7 business days after it leaves our warehouse. We do require a signature on all shipments. Truck Frieght - Curb Side Delivery Many items we sell are too large or too heavy to ship using a Small Parcel carrier. Therefore, our best option is to ship it to you using a LTL common carrier. Truck freight is different than standard UPS, FEDEX or US Mail in that you will be responsible for carrying the product from the curb into your house. (This means drop off to your garage or front door or to the loading dock if yours is a commercial delivery.) Truck Freight also differs from Small Parcel in that, for residential deliveries, the shipping carrier to schedule a delivery appointment will contact you. Most companies offer appointment windows (usually 2-4 hours) between 8:00 am and 5:00 pm, Monday through Friday. You will work directly with the delivery company to arrange a convenient delivery time and date. If you are ordering a very large item, please keep in mind that you may need a couple of people to help unload it. Alternatively, most truck freight companies offer additional services to help you move items from the truck into your house. Once we email you the tracking information you can contact the shipper directly to inquire about additional services. You would be responsible for directly paying the truck freight carrier for any additional services. Once your order is placed it takes 3 business days to process the order, inspect the product and prepare your order for release. For Small Parcel shipments, delivery usually takes between 2 and 7 business days after your order is released from the warehouse. Please call us if you have any questions or concerns. For Truck Freight shipments, delivery usually takes between 7 and 12 days from when your order ships. For residential deliveries, you will be contacted for an appointment as soon as your order arrives at the local terminal. For commercial deliveries, no appointment will be made. Shipping Charges and Free Shipping In order to keep your cost down and our pricing simple, OrangeCactusFutons.com either provides Free Shipping or, in some cases, we charge shipping per item. The charges, if any are indicated upon check out. If you have purchased an item that say shipping included or free shipping, no additional charges will occur, unless you have added other non-free shipping items to the order. Shipping charges are non-refundable. Although shipping charges are built in or free with certain accessories and packages, actual shipping charges are non-refundable. If you order an item not in our futon set (shipping included) section then generally any twin full or queen size futon frame or platform bed frame, futon and cover will ship to you for $160.00 anywhere in the contiguous United States. King sizes and bedroom furniture (large dressers) generally costs $240.00. Smaller items such as futon slip cover and pillows generally cost $20.00 and tables, accessories, and ottomans generally cost $50.00. Shipping Outside the contiguous 48 states OrangeCactusFutons.com does not ship outside the contiguous 48 states



• Warranties
• All items are backed by a manufacturers warranty per the length designated by the item description covering manufacturing defects in materials and workmanship. Parts or product replacement during the covered warranty period determined to be a manufacturing defect will be provided at no charge in accordance with the warranty. Shipping charges for warranty replacement parts or product is the responsibility of the customer. All warranties are Limited warranties. Limited warranties cover manufacturer defects only and do not cover normal wear and tear or damage resulting from neglect, accidental or intentional damage, institutional or commercial use, or exposure to extremes in temperature, humidity or to weather. Wood is a natural material with variations of color, shade, configuration, streaks and grain structure. Each individual piece of The Futon Shop furniture has characteristic markings that will differ from photo and showroom samples. 1. Do not expose your furniture to heat or liquids 2. Avoid using oil/thinner based furniture cleaners. Use water based cleaners or a damp cloth only. 3. Articles such as glasses, bookends, flowerpots and hot cups and dishes should have a cloth or felt type pads pm them. Beware of some felt pads that have a pre-glued side as some of these adhesives contain chemicals that can damage the finish. 4. Always remember to lift objects rather than slide them across the finish. 5. Tighten the nuts and bolts every few months to avoid wear and tear, especially on moving parts. Cost for parts or replacement items required due to customer abuse, neglect, misuse, incorrect assembly, or any other reason outside of manufacturing defect as determined by OrangeCactusFutons.com will only be provided at the customer?s expense. Customers? Limited Warranty Responsibilities In the event of a defect occurring during the warranty period. Which we determine to be the result of defects in materials or workmanship, we will repair or replace the defective part or product at our discretion. Any warranty issue must be accompanied by a digital photograph emailed to rma@OrangeCactusFutons.com, along with your original invoice number your name and contact phone number. The warranty only covers the item to be replaced and not the cost of getting the part to you. **All pick up ups and returned deliveries will be charged at our standard delivery rates.** If we determine at our discretion that there is a defect covered by our warranty, we will take responsibility for repair or replacement as set forth above. If we cannot repair or replace an item, we reserve the right to substitute a substantially similar part or product, or to pay to you a pro-rated portion of the purchase price of the defective product based on the length of time you have owned the products as compared to the length of the warranty period. Any such payment shall be paid in full satisfaction of all claims for breech of warranty, which you might have against OrangeCactusFutons.com. Thank you for your business.



• Return Policy
• Cancellations can only be made if a product has NOT shipped or been manufactured. If the product has shipped or has been manufactured then our standard return policy would apply. All cancellations must be in writing and followed up with a phone call to our customer care department. If an order is cancelled a 5% or $25 (whichever is greater) cancellation fee will be applied before any refund is given. Refused Shipments and Customer Returns Fees Shipments that are refused or product returns for any reason other than wrong item being shipped by OrangeCactusFutons.com will result in the customer being charged the following: ? Outbound freight to customer shipping location. Returned items offered with free shipping will have the actual cost of shipping deducted from the return amount. ? Inbound freight back to OrangeCactusFutons.com. ? 20% Restocking Fee if items returned are in a salable condition or are not in the original factory cartons and packaging. ? Full Cost of Goods if items returned are not in a salable condition or are not in the original factory cartons and packaging. If the item you received needs to be returned, (Note: If your item was damaged or defective, see our Damaged Products section below), it can be returned or exchanged per the terms below. Delivery, shipment or any handling fees are not refunded and there is an additional 20% restocking fee on all returned items. Some of our products are offered with free shipping, so please be aware that if you return one of these products, the actual outbound shipping costs will be deducted from your return. If a product arrives damaged, or we made an error and it cannot be remedied with replacement parts, we will arrange for it to be discarded or shipped back to us. Please keep in mind that once an order has shipped, it cannot be cancelled. If you refuse an order, it will then fall under our standard return policy. Please email rma@OrangeCactusFutons.com and include your original order number, what product(s) you are returning, and your name. You may also contact us toll free at (877) 693-5205. We will provide you with a return authorization number and return instructions once the return has been approved. All returned products must be in their original condition and packaging, no exceptions. Unfortunately, we cannot take returns of products that have been assembled or modified. Additionally, certain products cannot be returned because neither we nor our suppliers can take them back. If you have any questions about whether a product can be returned, please call us. Return the product using your preferred shipping method to SS Street, CC City, SS State, XXXXX. Save your return tracking number, and if possible, email it to us so that we can track the return. It is important that you save the tracking number and that you insure the return package in case there are any issues during transit. The freight must be prepaid by you we do not accept COD returns. Return shipping is the sole responsibility of the customer, including any damages incurred during return shipping. OrangeCactusFutons.com cannot refund shipping and handling. We will issue a credit to the credit card used for the original purchased, once the product is received back and inspected. Non returnable items and Custom order Products that are not returnable: - Futon slip covers or pillows with custom ordered piping - 2 tone slip covers or special fabrics - Single and king and loveseat futon slip covers - Non standard size futon slip covers - Any custom size mattress or folding bed or foam bed - Floor models Used or slept on futon mattresses or folding foam beds. Once a futon mattress is slept on we can not resell it as new without sterilizing the mattress, and we have no ability to sterilize a futon mattress. There is no way to ensure a mattress once sold has not been used therefore we do not take back any mattresses. If you have a problem with your mattress please see our warranty. Damaged Products Our products are inspected and hand- packaged to withstand most damages that could occur during shipping. If an item looks damaged note it on your delivery receipt. If you are missing hardware or assembly instructions please notify us immediately at rma@OrangeCactusFutons.com or call toll free (877) 693-5205. We will make every effort to help you obtain the necessary replacements as quickly as possible. For Small Parcel shipments, delivery usually takes between 2 and 7 business days after your order is released from the warehouse. Please call us if you have any questions or concerns. For Large Parcels Shipped via Truck Freight In the event your product arrives damaged or defective, please contact us immediately. If your product arrives damaged at time of delivery, YOU MUST document any visible damages on the Bill of Lading provided by the freight company. Notify OrangeCactusFutons.com within 24 hours after receiving your order to receive a Return Authorization or to process a replacement part claim. If your product does not appear to be damaged at time of delivery, please open all items and inspect immediately within 24 hours. Any damages, even if the package appears only slightly damaged, must be brought to the attention of the delivery driver. The driver should do an inspection with you before you sign for the package. If there is any damage to the package (no matter how slight) have the driver note the exceptions on the delivery receipt. Additional you can write "Package Damaged" when you sign for delivery. This is VERY important. If the package looks significantly damaged, you may refuse delivery of the package under the same terms without penalty. The damaged package will be returned to us and we will send you a new one. If you refuse delivery, please notify us so that we can expect the return shipment. If you have already accepted the package and find that parts are missing or damaged, please contact us within 24 hours of receipt of products and we will ship you the replacement parts free of charge. If we cannot replace the parts, we will have the carrier pick up the package and we will send you a replacement. All returned products should be in the original packaging. OrangeCactusFutons.com reserves the right to deny Return Authorization or replacement part claim if the customer does not comply with the terms and time frames specified herein. Our goal is to make buying online easy, safe and efficient. If you decide you do not want parts or a replacement unit, the item can be returned under our return policy. If your item is problematic due to a manufacturer's defect, we can either replace the defective part, or if necessary, the entire unit. We stand behind our products and maintain great relationships with the manufacturers who produce them. If you are having an issue, please contact us and we will make every effort to resolve it. Replacement Parts In most cases OrangeCactusFutons.com will arrange to ship a replacement part or item at no cost to you. OrangeCactusFutons.com may require proof of damages before a claim can be made and return authorization issued. Do not discard any damaged items until your replacement part has been received and the damage has been resolved. In some cases OrangeCactusFutons.com may require return of damaged parts. Replacement parts that are needed for orders received at time of delivery due to freight damage, manufacturing defect, or wrong item being shipped will be processed and shipped at no charge by OrangeCactusFutons.com.