Terms and Conditions

Terms & Conditions

Welcome to Texas Fabrics & Foam. These Terms & Conditions govern your access to and use of our website, purchases of our products, and applicable services provided by Texas Fabrics and Foam, Inc. Please review these terms carefully before using our website or placing an order.

Last Updated: October 21, 2026

01. Agreement to Terms

This website is operated by Texas Fabrics and Foam, Inc. ("Texas Fabrics & Foam," "Company," "we," "us," or "our"), a Texas corporation located at 1500 Texas Ave., El Paso, TX 79901.

By accessing or using our website, creating an account, or purchasing products or services through the website, you agree to these Terms & Conditions and applicable policies incorporated by reference. If you do not agree, please discontinue use of the website.

Our website is intended for individuals who are at least 18 years of age or who otherwise have the legal capacity to enter into binding transactions. Purchases made on behalf of a business or organization must be authorized by that entity.

02. Products & Availability

Texas Fabrics & Foam offers upholstery fabrics, decorative fabrics, outdoor materials, automotive upholstery products, foam, vinyl, leather, upholstery supplies, accessories, and related products and services.

We make reasonable efforts to provide accurate product descriptions, photographs, dimensions, specifications, pricing, and availability. However, product information may occasionally contain errors, omissions, or outdated details.

All merchandise is subject to availability. We reserve the right to discontinue products, modify product offerings, limit quantities, or correct product information. If an ordered product is unavailable, we may contact you to discuss alternatives, delays, or cancellation and refund of the affected item.

03. Colors, Dye Lots & Material Variations

We strive to represent product colors, textures, patterns, and finishes as accurately as possible. However, photographs and digital displays cannot guarantee an exact representation of physical materials.

Customers should be aware of the following:

• Colors may appear differently depending on screen settings, lighting, photography, and viewing conditions.
• Fabric, vinyl, leather, and other materials may exhibit natural or manufacturing variations in color, grain, texture, and finish.
• Different production runs or dye lots may vary slightly in shade or appearance.
• Pattern placement, pattern repeat, and printed designs may vary between cuts.
• Product samples may not perfectly match material purchased from a different production lot.

We strongly recommend ordering a physical sample when color, texture, or material characteristics are critical to your project. Customers purchasing materials for an existing installation should verify compatibility and dye-lot availability before ordering.

04. Measurements, Yardage & Product Specifications

Customers are responsible for verifying that ordered materials are appropriate for their intended project, including dimensions, quantities, material characteristics, and compatibility.

Fabric widths, pattern repeats, usable widths, and other specifications may vary by manufacturer and product. Published measurements are generally nominal or approximate unless expressly identified as guaranteed specifications.

Yardage estimates, calculators, project recommendations, and guidance provided by our website or staff are intended to assist customers but do not guarantee that a particular quantity will be sufficient for every application.

Customers should account for seams, pattern matching, repeats, cutting waste, project complexity, and installation requirements. We recommend confirming quantities with a qualified upholsterer or installer when appropriate.

05. Foam Products & Cutting Tolerances

Foam products may be described using characteristics such as density, firmness, indentation load deflection (ILD), thickness, and intended application. These characteristics are based on available product specifications and may be subject to reasonable manufacturing variations.

Foam firmness and perceived comfort are subjective and may vary based on cushion dimensions, thickness, supporting structure, upholstery materials, and individual preferences. A particular density or firmness designation does not guarantee a specific comfort level or service life.

Custom-cut foam and other materials prepared to customer-specified dimensions are subject to reasonable cutting and manufacturing tolerances. Exact dimensional precision may not be achievable due to the flexible nature of the material and the cutting process.

Customers are responsible for confirming measurements and selecting appropriate materials. Custom-cut foam is subject to the final-sale provisions of our Returns & Refunds Policy, except where applicable law or confirmed product defects, damage, or fulfillment errors require otherwise.

06. Cut-to-Order & Special-Order Merchandise

Materials cut, measured, ordered, or specially prepared according to customer specifications may be subject to additional restrictions because they cannot always be returned to standard inventory.

Examples include:

• Fabric, vinyl, carpet, headliner, and other materials cut to a requested length.
• Foam cut or shaped to customer-provided dimensions.
• Special-order merchandise obtained specifically for a customer.
• Custom-made cushions, upholstery components, and related products.

Once cutting, special procurement, or custom preparation has begun, cancellation or modification may not be possible. Special-order cancellation terms will depend on the supplier's requirements and any written agreement provided at the time of purchase.

07. Custom Upholstery & Professional Services

Texas Fabrics & Foam may provide upholstery, custom cushion fabrication, material preparation, and related services. These projects may be subject to separate written estimates, invoices, work orders, or service agreements.

Project pricing is based on the information, measurements, materials, design requirements, and scope of work available at the time of quotation. Changes to these details, unforeseen conditions, or additional work may require revised pricing and completion estimates.

Deposits may be required before materials are ordered or work begins. The applicable deposit amount, payment schedule, and project-specific terms will be identified in the corresponding estimate, invoice, or agreement.

Project completion dates and lead times are estimates unless otherwise expressly agreed in writing. Delays may occur due to material availability, supplier schedules, changes in scope, or other circumstances outside our reasonable control.

When customers provide their own fabrics, materials, measurements, or design specifications, they are responsible for the accuracy and suitability of those selections. We are not responsible for defects inherent in customer-supplied materials or problems directly resulting from inaccurate customer-provided information, except to the extent caused by our own negligence or other legally actionable conduct.

08. Pricing, Payments & Order Acceptance

All website prices are displayed in United States dollars unless otherwise stated. Applicable taxes, shipping charges, and other authorized fees will be calculated or disclosed during checkout or through the applicable quotation process.

We accept payment methods made available through our checkout system. Available methods may change without notice. Customers agree to provide accurate billing, shipping, and payment information.

An automated order confirmation acknowledges receipt of an order but does not necessarily constitute final acceptance. Orders remain subject to payment verification, product availability, pricing accuracy, and our ability to fulfill the order.

We reserve the right to correct obvious pricing errors, product description errors, inventory discrepancies, and other inaccuracies. If an error materially affects an order, we may contact the customer to offer a corrected transaction or cancel and refund the affected order.

We may decline or cancel orders involving suspected fraud, unauthorized transactions, inaccurate information, unavailable merchandise, or other legitimate business concerns, subject to applicable law.

09. Shipping & Delivery

Shipping methods, processing times, delivery estimates, packaging practices, and applicable shipping charges are described in our Shipping & Delivery Policy.

Certain products, including large foam pieces, bulk materials, and oversized merchandise, may require special packaging, multiple packages, or alternative delivery arrangements.

Delivery estimates are not guarantees unless an applicable guaranteed delivery arrangement has been expressly confirmed. Please review our Shipping & Delivery Policy for complete details.

10. Returns, Refunds & Cancellations

Returns, refunds, exchanges, and cancellations are subject to our Returns & Refunds Policy and any applicable written terms governing special-order merchandise or custom services.

Cut-to-order materials, certain custom products, clearance merchandise, and other designated final-sale items may not be eligible for standard returns or exchanges.

Nothing in these terms excludes rights or remedies that cannot be waived under applicable law. Please review our Returns & Refunds Policy for eligibility requirements and procedures.

11. Customer Accounts & Information

Customers who create website accounts are responsible for maintaining accurate account information and protecting their login credentials.

You agree not to impersonate another person, provide fraudulent information, or use another individual's account without authorization.

We may suspend or restrict accounts when reasonably necessary to address suspected fraud, security concerns, unlawful activity, or violations of these terms, subject to applicable law.

12. Website Use & Prohibited Activities

Visitors agree to use our website lawfully and in a manner that does not interfere with its operation or the rights of others. Prohibited activities include:

• Attempting unauthorized access to website accounts, servers, or systems.
• Introducing malicious software, harmful code, or disruptive technologies.
• Using automated systems to interfere with website functionality or security.
• Submitting fraudulent orders, false information, or misleading communications.
• Collecting customer information without authorization.
• Copying or commercially exploiting website content without appropriate permission.
• Using the website for unlawful, deceptive, or abusive purposes.

We reserve the right to take reasonable action to protect our website, customers, employees, and business interests, including restricting access when appropriate.

13. Intellectual Property

Unless otherwise indicated, website content including text, product descriptions, photographs, graphics, logos, design elements, and other original materials is owned by or licensed to Texas Fabrics & Foam and is protected by applicable intellectual property laws.

Visitors may access and use website content for personal shopping, product evaluation, and legitimate internal business purposes. Unauthorized reproduction, distribution, resale, or commercial exploitation of protected content is prohibited without prior written permission.

Manufacturer trademarks, product names, photographs, and other third-party intellectual property remain the property of their respective owners.

14. Customer Reviews & Submitted Content

Customers may have opportunities to submit product reviews, photographs, testimonials, questions, or other content through our website or communications channels.

Submitted content must be lawful, accurate to the best of the submitter's knowledge, and must not infringe the rights of others or contain fraudulent, threatening, discriminatory, or otherwise unlawful material.

By voluntarily submitting content intended for publication, you grant Texas Fabrics & Foam a nonexclusive, worldwide, royalty-free license to reproduce, display, distribute, and reasonably adapt that content in connection with our business and marketing, subject to applicable law and any separately agreed restrictions.

We may moderate or remove submitted content that violates these terms or applicable law. Customer reviews represent the opinions of their authors and do not necessarily reflect our views.

15. Product Use, Warranties & Disclaimers

Customers are responsible for determining whether a product is suitable for its intended application, including upholstery, automotive, outdoor, marine, commercial, or other specialized uses.

Product recommendations and informational materials are provided as general guidance and should not replace professional evaluation when safety, regulatory compliance, structural requirements, or specialized performance characteristics are involved.

Manufacturer warranties, where applicable, are subject to the manufacturer's stated terms and conditions. We do not independently guarantee product performance, lifespan, or suitability beyond any express written warranties provided by Texas Fabrics & Foam.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND INFORMATIONAL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT FOR EXPRESS WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED, WE DISCLAIM IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEXAS FABRICS AND FOAM, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THE USE OF OUR WEBSITE OR PRODUCTS, INCLUDING LOST PROFITS, LOST REVENUE, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING FROM A CLAIM RELATED TO A PURCHASE OR SERVICE SHALL NOT EXCEED THE AMOUNT PAID TO US FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THAT CLAIM.

These limitations do not apply where prohibited by law and do not exclude liability that cannot legally be limited, including liability for certain forms of misconduct or legally protected consumer remedies.

17. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Texas Fabrics and Foam, Inc., its officers, employees, and representatives from third-party claims, liabilities, damages, and reasonable expenses arising directly from your unlawful use of our website, material violation of these Terms & Conditions, or infringement of another party's rights. This provision does not require you to indemnify us for our own negligence, misconduct, or violations of applicable law.

18. Privacy & Personal Information

Our collection, use, disclosure, and protection of personal information are described in our Privacy Policy. Please review that policy for information about cookies, analytics, advertising technologies, payment processing, and available privacy rights.

19. Governing Law

These Terms & Conditions and disputes arising from their interpretation or enforcement shall be governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where mandatory applicable law requires otherwise.

20. Dispute Resolution & Binding Arbitration

Informal Resolution: Before initiating arbitration, the parties agree to attempt to resolve covered disputes through good-faith informal negotiations for at least thirty (30) days after written notice describing the dispute has been provided to the other party.

Binding Arbitration: If a covered dispute cannot be resolved through informal negotiations, it shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA), under the applicable AAA rules, including consumer arbitration rules where applicable.

Arbitration may be conducted through written submissions, telephone, video conference, or in-person proceedings, as permitted by applicable rules and law. Unless otherwise required by applicable law or AAA rules, the arbitration location shall be El Paso, Texas. Arbitration fees and costs shall be allocated in accordance with the applicable AAA rules and law.

Exceptions: The arbitration requirement does not apply to claims eligible for small claims court, claims seeking appropriate injunctive relief, disputes concerning the enforcement or validity of intellectual property rights, or other claims that cannot lawfully be subjected to mandatory arbitration.

Court Proceedings: When a dispute is properly heard in court rather than arbitration, the parties agree to jurisdiction and venue in the appropriate state or federal courts located in El Paso County, Texas, except where applicable law requires otherwise.

21. Class-Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TEXAS FABRICS AND FOAM, INC. AGREE THAT COVERED DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED PROCEEDING, OR REPRESENTATIVE ACTION.

Neither party may act as a class representative or participate as a class member in an arbitration or proceeding subject to this waiver, except where such restrictions are prohibited by applicable law. If any portion of this provision is determined to be unenforceable, its effect shall be determined in accordance with applicable law and the severability provisions of these terms.

22. Time Limits for Claims

To the extent permitted by applicable law, any claim arising from these Terms & Conditions or use of our website must be initiated within one (1) year after the cause of action accrues. This provision does not shorten any limitations period that cannot lawfully be modified by agreement and does not restrict rights or remedies protected by applicable law.

23. Website Availability & Changes

We may update, modify, suspend, or discontinue website features, products, services, and content as reasonably necessary for business, technical, or operational purposes.

Although we make reasonable efforts to maintain website availability, uninterrupted access cannot be guaranteed. Maintenance, technical issues, third-party service disruptions, and other circumstances may temporarily affect website operation.

24. Electronic Communications

By communicating with us electronically or completing transactions through our website, you consent to receive applicable order confirmations, transaction records, service communications, and other legally permitted electronic notices. Electronic signatures and records may be used where permitted by law. Marketing communications remain subject to our Privacy Policy and applicable consent and unsubscribe requirements.

25. Modifications to These Terms

We may revise these Terms & Conditions periodically to reflect changes in our business practices, website, products, services, or applicable law. Updated terms will be posted with a revised effective date. Changes will apply prospectively to the extent required by applicable law and will not automatically alter the terms of previously accepted transactions.

26. Miscellaneous Provisions

These Terms & Conditions, together with applicable policies and any separately accepted written agreements, constitute the relevant agreement between the parties concerning the covered transaction or website use.

If any provision is found invalid or unenforceable, the remaining provisions shall continue in effect to the extent permitted by law. Failure to enforce a provision does not constitute a waiver of the right to enforce it later.

We are not responsible for delays or failures caused by events beyond our reasonable control, subject to applicable law. In the event of a conflict between these general terms and a separately executed project agreement, the specific written agreement shall govern the relevant project to the extent of that conflict.

27. Contact Information

For questions about these Terms & Conditions, product purchases, custom orders, or services, please contact: