This is the contract between you and us. It covers the website, the design tool, and every pillow we make. Section 5 is the one we would most like you to actually read: it is the part where you tell us the picture is yours to use.
Section 16 requires that most disputes between us be resolved by binding individual arbitration rather than in court, and waives your right to participate in a class action. It also gives you a free 30-day right to opt out of arbitration entirely without affecting anything else in this agreement, and it keeps small claims court available to both of us. Nothing in it prevents you from reporting a concern to a government agency.
These Terms of Service & Sale (the Terms) are an agreement between , (we, us, our, or Plush Garage), and you, the person using our website or ordering from us (you).
Our registered address and contact details are:
We sell one thing: a Pillow — a cut-and-sew plush cushion, printed on both sides and cut to the outline of a photograph you supply or a stock design you choose. Every custom Pillow is made to order for you individually. That single fact drives most of what follows, particularly section 10.
You accept these Terms by doing any of the following: placing an order, ticking the box at checkout that refers to them, or using the design tool to upload a photograph.
We may change these Terms. If we do, we will change the effective date at the top and, where the change is material, give notice on the website before it takes effect.
Changes are not retroactive. The version of the Terms in force on the date you placed an order governs that order for its whole life, including any dispute about it, no matter when the dispute arises. We keep dated copies of every version and will send you the one that applies to your order on request.
If we rewrite these Terms next year, the order you placed today is still judged by today's version. We cannot change the deal after you have paid for it.
If a change to section 16 (Dispute resolution) would apply to you, you may reject that change by writing to within 30 days of it taking effect. Rejecting it leaves the previous version of section 16 in place between us and does not affect the rest of these Terms.
You must be at least 18 years old and able to enter a binding contract. If you are ordering on behalf of a company, you confirm you are authorised to bind it, and "you" means that company.
Our website is not directed to children. We do not knowingly collect personal information from anyone under 13, and we do not knowingly accept an order from one. If you believe a child has uploaded a photograph to us, tell us at and we will delete it. See the Privacy Policy.
A Pillow is not a toy and is not intended for children under 3 years old. It is a decorative cushion. Do not place it in a crib, bassinet, or sleeping area of an infant.
Soft objects in a crib are a suffocation risk. This is a couch cushion, not nursery bedding.
The Preview is the moving image of a Pillow that the website generates from the photograph you upload.
The Preview is a computer-generated simulation, not a photograph of a manufactured product. It is produced by a drawing program in your own browser, which takes the outline of your photograph and shades it to resemble a stuffed cushion. No Pillow exists at the moment you see it. We tell you this here because the Preview is deliberately convincing, and a convincing simulation that is not labelled as one is a misleading advertisement.
It is a very good drawing of what your Pillow should look like. It is not a picture of your Pillow, because your Pillow has not been made yet.
The Preview is nonetheless the proof. The artwork the Preview is built from is the artwork we print. When you approve a Preview and place the order, you are approving the artwork, and we send it to production without a further approval step.
The one exception is when you ask us to change something. If you leave editing notes with your order — to remove a licence plate, drop an aerial, straighten a tilted shot, or tidy an edge — then a person has to alter the artwork, and what we print is no longer exactly what you approved. In that case we hold the order and send you the altered artwork for approval before printing.
No notes: we print what you saw. Notes: we change it, show you, and wait for your yes.
We aim to match colour closely but cannot guarantee an exact colour match between your screen and dyed plush fabric. Screens emit light and vary in calibration; fabric reflects it and takes dye differently by fibre. Some shift, particularly in deep blacks, saturated reds and metallic paints, is normal and is not a defect.
The Preview also cannot promise a resolution outcome. We show you, before you buy, the largest size your photograph supports. If you order a size we have told you the photograph does not support, the softness of the result is not a defect.
The automatic cut-out is imperfect on thin features — aerials, wing mirrors, spoilers, wheel spokes and handlebars are the usual difficulties. We check every order by hand and will contact you if a photograph cannot produce an acceptable outline.
Your Content means every photograph, image, logo, text, editing note and other material you upload to us or send us in connection with an order.
You keep ownership of Your Content. Uploading a photograph to us does not transfer it to us. We take only the licence described in section 6, which is narrow and is mostly just permission to make the thing you ordered.
You represent and warrant, each time you upload, that all of the following are true. These are promises, and we rely on them: we have no way to check a photograph's provenance, and we print and ship on the strength of what you tell us here.
You own Your Content, or you have permission to use it this way. Either you took the photograph yourself, or you have the rights holder's permission to have it reproduced on a manufactured product. A photograph you found online, saved from a listing, took from a forum, or were sent by a friend is not yours to send us unless whoever made it agreed.
The most common problem we see is not piracy. It is a person ordering a pillow of their own car, using a photograph a professional took at a show. The car is yours. The photograph belongs to the photographer.
If the photograph was taken by a professional photographer, a dealership, an auction house, a magazine, or anyone else in the course of their business, you need their written permission, and you confirm you have it. We may ask you to produce it.
If any living person is identifiable in Your Content — by their face, or otherwise — you have that person's permission for their likeness to be reproduced on a product. If that person is a minor, you are their parent or legal guardian, or you have that parent's or guardian's permission.
California and many other states give people a legal right in their own likeness. A person in the shot who did not agree to be printed on a cushion can bring a claim, and under section 8 it lands on you.
You understand that vehicles carry other people's trade marks — the manufacturer's badge, the model name, the grille shape, and other trade dress. We reproduce the photograph you send, including whatever is in it. You confirm that you are ordering for personal, non-commercial use, that you are not ordering a product for resale, and that you are not using anyone's trade mark in a way likely to suggest that they made, sponsored, or approved the Pillow.
We reserve the right to decline any order where a third party's trade mark is the subject of the product rather than incidental to a vehicle you own — for example, an order for the manufacturer's logo by itself.
Number plates and registration marks. We recommend removing them, and we will do it for free if you ask in your editing notes. If you leave one visible, that is your decision and you accept the consequences of your vehicle's registration appearing on an object that may be photographed and posted.
You will not upload anything that: infringes anyone's copyright, trade mark, patent, trade secret, privacy or publicity rights; is defamatory, harassing, or threatening; is sexually explicit, or depicts a minor in any sexualised way; promotes violence or hatred against a group; is a counterfeit or is intended to help make one; depicts a real government identity document, banknote, or security; or is unlawful in any other way.
You also will not upload anything containing malicious code, or attempt to use the upload box to attack the website.
You are responsible for keeping your own copy. We are not a backup service, we delete photographs on the schedule set out in the Privacy Policy, and you should not send us your only copy of anything.
So that we can actually make the thing you ordered, you grant us a non-exclusive, worldwide, royalty-free licence to store Your Content, process it, remove its background, cut it out, colour-correct it, resize it, generate the Preview from it, lay it out as a print file, print it, and have all of that done by the suppliers who manufacture and ship the Pillow.
That licence is for fulfilment only. It is limited to making, checking, and delivering your order, dealing with any problem or return arising from it, and keeping the records we are required to keep. It ends when we delete Your Content under the retention schedule in the Privacy Policy.
We do not use your photograph, or a picture of your finished Pillow, in any advertising, on social media, on this website, or in any other promotion, unless you have separately and affirmatively opted in.
Marketing permission is a separate tick box that starts unticked. Not ticking it costs you nothing and changes nothing about your order. This is deliberate — a photograph of your house, your garage, or your family is not something we should get to use because you did not read far enough.
If you do opt in, that marketing licence covers only the specific content you opted in for, and you can withdraw it at any time by writing to . We will stop using it in anything new within 30 days and will make reasonable efforts to remove it from material we control. We cannot recall material already printed, already distributed, or reposted by someone else, and we cannot pull it back out of a third-party platform's archives.
We may keep and use anonymous, aggregated technical information — how often the cut-out fails, what file sizes people send, how long a render takes — to improve the product. This is statistical only and never includes your photograph or anything identifying you.
We do not sell Your Content, and we do not use it to train artificial intelligence models, our own or anyone else's. See the AI Transparency Statement for what actually happens to your photograph, including the one third-party service that processes it.
We look at every order before it is printed. We may refuse or cancel any order, at any time before shipping, if we reasonably believe that Your Content breaches section 5, that the order is fraudulent, that the photograph cannot produce an acceptable Pillow, or that making it would expose us to a legal claim.
If we refuse an order, you get a full refund. That is your sole remedy for a refusal, and we will tell you the reason unless we are legally prevented from doing so.
We are not obliged to review, monitor, or check Your Content, and the fact that we look at orders does not make us responsible for what is in them, nor does it dilute your promises in section 5. Reviewing some content is not an undertaking to catch everything.
If you believe material we have printed or displayed infringes your copyright, the DMCA & Copyright Policy sets out how to tell us, and we will act on a proper notice. We terminate the accounts of repeat infringers.
You agree to defend, indemnify and hold harmless Plush Garage, its members, officers, employees, suppliers and manufacturers, from and against any claim, demand, proceeding, loss, liability, damage, penalty, cost or expense — including reasonable legal fees — brought by a third party and arising out of or connected with:
We will notify you promptly of any claim covered by this section, and you may control its defence with counsel of your choice — but we may take over the defence at our own expense if we reasonably consider your handling of it inadequate, and you may not settle any claim in a way that admits fault on our part, imposes any obligation on us, or fails to release us fully, without our written consent. We will cooperate reasonably with your defence.
This indemnity is not capped by section 15. The limits on liability in section 15 protect you against us; they do not limit what you owe us under this section.
If a photographer sues us because you sent us their picture, this is the clause that says you deal with it. It is the reason section 5 matters, and it is why we ask you to be honest about where the photograph came from rather than just tick a box.
This section survives the end of these Terms and the completion of your order.
Placing an order is an offer to buy. The contract is formed when we send you an order confirmation, or when we ship, whichever is first. Taking payment is not by itself acceptance.
Prices are in US dollars and exclude shipping and tax unless stated. Sales tax is added where we are required to collect it.
If a price or product description is obviously wrong — a pricing error, a mis-stated size — we may cancel the affected order even after confirmation, and we will refund you in full. We will not charge you a corrected higher price without your agreement.
Payment is processed by Stripe. We do not receive or store your full card number. Your payment is also subject to Stripe's own terms, and we are not responsible for their service.
You confirm that you are authorised to use the payment method you provide.
It is cut to the outline of your photograph and printed for you alone. There is no second customer for a pillow shaped like your truck, so it cannot be restocked or resold. This is the standard rule for personalised goods, and it is why we show you the Preview before you pay rather than after.
Cancelling before production. You may cancel a custom order for a full refund at any time before it enters production, which is normally within 2 hours of ordering, or at any time while it is held awaiting your approval of an edit. Email as soon as you can and we will cancel it if we still can.
After production begins, a custom Pillow is not returnable or refundable except under 10.3, 10.4 or 10.5.
If it arrives faulty or damaged. Tell us within 30 days of delivery, with photographs, and we will replace it free or refund it in full, at your choice. You do not need to return a faulty Pillow unless we ask, and if we ask we pay the postage. A defect means a manufacturing or material fault — a seam that fails, a print that is misaligned or streaked, fabric damage, or shipping damage.
If we got it wrong. If what arrives is not what you ordered and approved — wrong size, wrong fabric, the wrong photograph, an edit you asked for that was not made — that is our error, and the same 30-day replace-or-refund applies.
If we changed it and you did not approve it. If your order was held for approval under 4.4 and we printed something you did not approve, that is our error and 10.4 applies.
What is not a defect, and so is not covered: colour variation within the normal range described in 4.5; softness in a print where you ordered a size larger than we told you your photograph supported; an outline that faithfully follows a photograph that included something you did not notice; ordinary variation in a hand-finished product; and normal wear.
Stock designs — Pillows from the ready-made catalogue, which are not made from your photograph — may be returned unused and in original condition within 30 days for a refund of the purchase price. You pay return postage unless the item is faulty.
Refunds go back to the original payment method, normally within 10 business days of us approving them.
Nothing in this section limits any right you have under consumer law that cannot be limited by agreement.
Delivery times quoted anywhere on the site are estimates, not guarantees, and production time is additional to shipping time. A custom Pillow has to be printed, cut and sewn before it can ship.
You are responsible for giving us a correct and complete delivery address. We are not responsible for an order delivered to an address you gave us incorrectly, and a re-print in that situation is chargeable.
Title and risk of loss pass to you on delivery to the carrier. If a parcel is lost or damaged in transit, tell us and we will help pursue the carrier and, in practice, make it right — but the legal risk sits with you from handover, and any claim against the carrier is yours to make or to assign to us.
We currently ship only to addresses we list at checkout. Where we ship internationally, you are the importer of record and any duties, import taxes and customs charges are yours to pay.
The website, the Plush Garage name and marks, the design tool, the preview renderer, the stock designs, and all text, layout, photography and code on this site are ours or our licensors', and are protected by copyright and trade mark law.
Your licence to use the design tool and the preview renderer is set out in the End User Licence Agreement, which forms part of these Terms. Where the two disagree about the software, the EULA governs.
Nothing here gives you any right in our marks. The Preview image of your own Pillow is yours to keep and share.
We use other companies to run this business, and two of them touch your order directly: Stripe processes payment, and remove.bg performs the automatic background removal on your photograph. The Privacy Policy lists all of them and what each receives.
Those services have their own terms and privacy policies. We choose them carefully and bind them by contract, but we do not control them and are not responsible for their acts or omissions beyond our own duties under the Privacy Policy and applicable law.
We warrant that each Pillow will be free from defects in materials and workmanship for 30 days from delivery, as set out in section 10. That is a real warranty and we stand behind it.
Beyond that warranty, and to the fullest extent permitted by law, the website, the design tool and the Preview are provided "as is" and "as available", and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the website will be uninterrupted or error-free, that the automatic cut-out will succeed on any particular photograph, or that the Preview will match the finished Pillow exactly.
Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. Nothing here affects rights you have under consumer law that cannot be waived.
To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, loss of goodwill, or the cost of substitute goods, arising out of or relating to these Terms, the website, or any Pillow — even if we were told such damages were possible.
Our total liability to you for all claims arising out of or relating to these Terms or any order is limited to the greater of the amount you paid us for the order the claim relates to, or US $100.
These limits apply however the claim is framed — contract, tort, negligence, strict liability, statute or otherwise — and survive the failure of any limited remedy.
Nothing in this section limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; our own wilful misconduct or gross negligence; or anything else that cannot lawfully be limited. Under California Civil Code § 1668, a contract cannot exempt anyone from responsibility for their own fraud, wilful injury, or violation of law, and this agreement does not attempt to.
These limits reflect a deliberate allocation of risk between us and are part of the basis of the bargain. Without them we could not sell a made-to-order pillow at this price.
It requires most disputes to go to binding individual arbitration, waives your right to a jury trial and to participate in a class action, and gives you 30 days to opt out of all of that at no cost. Small claims court stays open to both of us either way.
Dispute means any disagreement between you and us arising out of or relating to these Terms, the website, any Pillow, or our relationship — whenever it arose, including before you agreed to these Terms.
Before starting arbitration or a lawsuit, you must give us 30 days to fix it, and we must do the same for you. Send a Notice of Dispute to or to our postal address, saying who you are, your order number, what happened, and what you want. We will send ours to the address on your order.
We will try in good faith to resolve it directly. Most problems with a pillow are solved by a replacement or a refund, and this step exists because that is faster and better for both of us than any formal process. The 30 days runs from when the notice is received, and neither of us may start a formal proceeding until it has expired. Any limitation period is paused while it runs.
Either of us may bring an individual claim in small claims court instead of arbitration, as long as the claim qualifies for that court and stays there on an individual basis. Nothing in this section changes that.
Most disputes about a pillow are worth a few hundred dollars. Small claims court is cheap, quick, and does not need a lawyer. We would usually rather be there than in arbitration, and we are not going to argue that you cannot go.
If the 30 days passes without resolution and the claim is not in small claims court, the Dispute will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this section. The rules are at adr.org or on 1-800-778-7879. This agreement is governed by the Federal Arbitration Act.
Fees. You pay no more than the consumer filing fee set by the AAA's Consumer Rules, currently $225. We pay the rest of the AAA's fees and the arbitrator's fees, whatever they come to. If the arbitrator finds your claim frivolous, we may ask to have fees reallocated under the AAA rules, but we will not seek our legal costs from you unless the arbitrator finds your claim was brought in bad faith.
Where and how. The arbitration will be seated in . But you may choose: a hearing by telephone or video, a decision on documents alone without any hearing, or an in-person hearing in the county where you live. We will not object to any of those choices, and for a claim under $25,000 we will not ask for an in-person hearing at all. The arbitration is before a single arbitrator, who may award any relief a court could award to you individually, and whose award may be entered as a judgment in any court with jurisdiction.
You should not have to fly to California to argue about a pillow. Pick whichever of those is easiest for you.
You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class proceeding, and may award relief only to the individual party seeking it and only to the extent needed to remedy that party's own claim.
If this individual-claims requirement is found unenforceable as to a particular claim, then that claim — and only that claim — is severed from the arbitration and must be brought in court. Every other claim goes to arbitration. If the entire preceding paragraph is found unenforceable, this whole section 16 is void as to the claims concerned.
This section does not apply to, and does not prevent:
You may opt out of this entire section 16. Send us written notice at , or at our postal address, within 30 days of first accepting these Terms. Include your name, the email address on your order, and a clear statement that you are opting out of the arbitration agreement.
Opting out costs you nothing and changes nothing else. We will not treat you differently, refuse your order, or charge you a different price because of it. The rest of these Terms continues to apply, and any Dispute is then resolved in the courts identified in section 17. One opt-out covers all your future orders.
If 25 or more similar claims are brought against us by or with the help of the same lawyer or coordinated group, they will be filed and resolved in batches of up to 50, with a single arbitrator per batch, and the limitation period for the unfiled claims is paused while the batches proceed. Both parties will cooperate in good faith with the AAA to implement this. This applies equally to claims brought by us.
This section survives the end of these Terms.
Governing law. These Terms are governed by the laws of the State of , without regard to its conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply.
Courts. Where a Dispute is not subject to arbitration under section 16, the state and federal courts located in have exclusive jurisdiction, and both parties consent to venue there — except that we will not object if you bring an individual claim in the courts of the place where you live. To the extent permitted by law, both parties waive any right to a jury trial.
Severability. If any provision is held unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force. Section 16.9 governs instead where the individual-claims requirement is concerned.
No waiver. Not enforcing a provision is not a waiver of it.
Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger or sale of the business, on notice to you.
Force majeure. Neither party is liable for a failure to perform caused by something outside its reasonable control. If it prevents us fulfilling your order, we will refund you.
Electronic communications. You consent to receive communications from us electronically, and agree that electronic communications, agreements and notices satisfy any legal requirement that they be in writing. Transactional messages about your order are not marketing, and you cannot unsubscribe from them while an order is open. Marketing email is separate, requires your opt-in, and can be stopped at any time.
Entire agreement. These Terms, together with the EULA, the Privacy Policy and the DMCA & Copyright Policy, are the entire agreement between us about their subject matter, and replace any earlier understanding. Where they conflict: the EULA governs the software, the Privacy Policy governs personal information, and these Terms govern everything else.
Interpretation. The grey "in plain terms" boxes, the headings, and the marginal notes are there to help you read this document. They are not part of the agreement, and where one differs from the clause beside it, the clause governs.
Notices. Notices to you go to the email address on your order. Notices to us go to or to our postal address, except copyright notices, which must go to the designated agent named in the DMCA & Copyright Policy.
Under California Civil Code § 1789.3, California users are entitled to this notice: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone on (800) 952-5210.
Our name and address for this purpose are at the top of this document, and the price of our products is shown on the product pages.
California residents also have rights over their personal information under the CCPA as amended by the CPRA. Those are set out in the Privacy Policy. In short: we do not sell or share your personal information, and we have never done so.
Questions about these Terms, or anything else:
You are welcome to keep a copy of these Terms. Your browser's print command produces a clean one, with the clause numbers intact.