Terms of Service
Effective Date: December 4, 2025
First In Upholstery
1. Agreement to Terms
Welcome to First In Upholstery. By accessing our website at www.firstinupholstery.com or utilizing any of our services, you agree to be bound by these Terms of Service. If you do not agree to all of these terms, please do not use our website or services.
These Terms constitute a legally binding agreement between you and First In Upholstery, located in Summerville, South Carolina. We reserve the right to modify these terms at any time, and your continued use of our services constitutes acceptance of any such modifications.
2. Description of Services
2.1 Marine Upholstery Services
First In Upholstery specializes in marine upholstery services including, but not limited to: boat T-tops, center console enclosures, spray curtains, cushion upholstery, boat covers, and related marine fabric work. All marine upholstery work is custom-made to your specifications and measurements.
2.2 Apparel Decoration Services
We offer apparel decoration services including: heat-applied decorations, embroidery, and Direct-to-Film (DTF) printing. These services are available for both individual orders and bulk commercial orders.
2.3 Apparel Sales
First In Upholstery sells blank apparel and decorated goods. Product availability is subject to change without notice, and we reserve the right to limit quantities.
3. Orders and Pricing
3.1 Price Quotes
All price quotes are valid for thirty (30) days from the date issued unless otherwise specified. Quotes for custom work are estimates based on the information provided and may be adjusted if project specifications change.
3.2 Order Acceptance
Your placement of an order constitutes an offer to purchase. We reserve the right to accept or decline any order. An order is not binding until we provide written or electronic confirmation of acceptance.
3.3 Pricing Errors
We strive for accuracy in our pricing. However, in the event of a pricing error, we reserve the right to cancel the order and refund any payment made, or contact you to confirm whether you wish to proceed at the correct price.
4. Custom Work and Deposits
4.1 Deposit Requirements
Custom marine upholstery projects and large apparel decoration orders require a non-refundable deposit of fifty percent (50%) of the quoted price before work begins. The remaining balance is due upon completion and before delivery or pickup.
4.2 Customer-Supplied Materials
If you supply your own materials, garments, or items for decoration or upholstery, First In Upholstery is not responsible for defects in those materials or damage that may occur during normal processing. We recommend providing extra materials to account for potential issues.
4.3 Artwork and Design Files
For apparel decoration services, you are responsible for providing artwork in an acceptable format. Additional charges may apply for artwork conversion, cleanup, or creation. You represent and warrant that you have all necessary rights to use any artwork you provide.
4.4 Project Timeline
Estimated completion times are provided in good faith but are not guaranteed. Delays may occur due to material availability, complexity of work, or circumstances beyond our control. We will communicate any significant delays as soon as possible.
5. Payment Terms
5.1 Accepted Payment Methods
We accept cash, checks, and major credit cards. Payment is due as specified on your invoice or quote.
5.2 Upholstery Work
For all upholstery work, final payment is due on delivery or within seven (7) days of project completion, whichever occurs first. Work will not be released until payment is received in full.
5.3 Apparel and Decoration Orders
For apparel sales and decoration services, payment is due upon completion or as specified on your invoice.
5.4 Late Payments and Fees
Returned checks will incur a fee of $35.00. Accounts more than thirty (30) days past due may be subject to a late fee of 1.5% per month.
6. Shipping and Delivery
6.1 Shipping Methods
Orders may be shipped via USPS, UPS, FedEx, or other carriers at our discretion unless you specify a preference. Shipping costs are calculated based on destination, weight, and selected service level.
6.2 Risk of Loss
Title and risk of loss pass to you upon delivery to the carrier. While we will assist with carrier claims, First In Upholstery is not responsible for loss or damage during transit once items have been tendered to the shipping carrier.
6.3 Local Pickup
Local pickup is available at our Summerville, South Carolina location by appointment. Items not picked up within thirty (30) days of completion notification may incur storage fees.
7. Returns and Refunds
7.1 Custom Work
Due to the custom nature of marine upholstery and decorated apparel, these items are non-refundable and cannot be returned unless we have made an error or the item is defective. Please carefully review all specifications and approve proofs before production begins.
7.2 Stock Merchandise
Undecorated stock merchandise may be returned within fourteen (14) days of receipt if unused, unwashed, and in original packaging. Returns must be pre-authorized. A restocking fee of 15% may apply. Return shipping is the customer's responsibility unless the return is due to our error.
7.3 Defective Items
If you receive a defective item or one that does not match your approved specifications, please contact us within seven (7) days of receipt. We will repair, replace, or refund the item at our discretion.
8. Warranties and Disclaimers
8.1 Workmanship Warranty
First In Upholstery warrants our workmanship against defects for a period of one (1) year from the date of completion for marine upholstery and ninety (90) days for apparel decoration. This warranty covers defects in stitching, construction, and application under normal use conditions.
8.2 Material Warranties
Materials used in our work may carry separate manufacturer warranties. We can provide information about applicable material warranties upon request. These warranties are provided by the manufacturers, not First In Upholstery.
8.3 Warranty Exclusions
Warranties do not cover damage caused by misuse, negligence, improper care, accidents, modifications, exposure to harsh chemicals, or normal wear and tear. Fading due to UV exposure is considered normal wear. Customer-supplied materials are not covered under our workmanship warranty.
8.4 Disclaimer
EXCEPT AS EXPRESSLY STATED HEREIN, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRST IN UPHOLSTERY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OUR SERVICES.
Our total liability for any claim arising from or related to our services shall not exceed the amount you paid for the specific product or service giving rise to the claim.
10. Intellectual Property
10.1 Customer Responsibility
You represent and warrant that any artwork, logos, designs, or other content you provide for decoration does not infringe upon any third-party intellectual property rights. You agree to indemnify and hold First In Upholstery harmless from any claims arising from intellectual property infringement related to materials you provide.
10.2 Our Intellectual Property
All original content created by First In Upholstery, including but not limited to photographs of our work, our logo, graphics, website design, and written content, is the property of First In Upholstery and is protected by copyright and trademark laws. You may not use, reproduce, or distribute our original content without written permission.
10.3 Third-Party and Supplier Content
Our website, social media, and marketing materials may contain product images, lifestyle photographs, and logos provided by our suppliers and vendors. These images are used with express or implied permission and remain the intellectual property of their respective owners. First In Upholstery makes no claim of ownership to third-party content.
10.4 Product Mockups
Product mockups displayed on our website or provided during the ordering process may be created using supplier-provided product images combined with customer-supplied artwork or designs. These mockups are for visualization purposes only and are intended to approximate the final product. While we strive for accuracy, actual finished products may vary slightly from mockup representations. Customer-supplied designs remain the property of the customer, and underlying product images remain the property of the respective suppliers.
11. Use of Website
11.1 General Use
You agree to use our website only for lawful purposes. You may not use our site in any way that could damage, disable, or impair the website, or interfere with any other party's use of the site. You may not attempt to gain unauthorized access to any portion of our website or any systems connected to our website.
11.2 User Accounts
If you create an account on our website, you are responsible for maintaining the confidentiality of your login credentials. Each account is for individual use only and may not be shared with others. You may not allow any other person to access the website using your login credentials, and you may not use another person's account. You are responsible for all activity that occurs under your account.
11.3 Account Termination
We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms, including but not limited to sharing your login credentials or allowing unauthorized access to your account.
12. Privacy
Your use of our website and services is also governed by our Privacy Policy. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.
13. Indemnification
You agree to indemnify, defend, and hold harmless First In Upholstery, its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of our services, your violation of these Terms, or your violation of any rights of a third party.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Dorchester County, South Carolina, and you consent to the jurisdiction of such courts.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
16. Contact Information
If you have any questions about these Terms of Service, please contact us:
First In UpholsterySummerville, South Carolina
Email: requests@firstinupholstery.com
Website: www.firstinupholstery.com
Thank you for choosing First In Upholstery.