Accessibility Statement

Terms of service


Terms of Service

Updated October 13, 2025


Welcome and thank you for your interest in Mantle™ Furniture products, a division of Temple, Inc. We lead the industry in providing customers with tested and innovative solutions for furniture products, many of which are MADE or ASSEMBLED IN THE USA. THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, (COLLECTIVELY “TERMS”) ARE A BINDING LEGAL AGREEMENT. PLEASE READ THE FOLLOWING CAREFULLY. BY ACCESSING OUR SITES, EXECUTING AN AGREEMENT WITH US, OR PURCHASING OUR PRODUCTS AND/OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY OUR TERMS. These Terms and Conditions reflect your agreement with us and apply to any communication or conduct between us, including by way of example only and not limitation:

  • your proper and authorized use of our Sites and any of our Affiliates’ website(s), including all pages related to https://www.MantleFurniture.com
  • your purchase of any of our Products (which may include services, if offered),
  • your participation in any contest or survey,
  • your interaction with us through social media or other third-party website(s)s, and
  • your User Content provided to us or our Affiliates, including by way of example only, your feedback, comments, photos, social media posts referencing us, emails, communications, or reviews submitted.

INDEX TO ONLINE TERMS AND CONDITIONS:

  1. Changes to Terms
  2. Products
  3. Limited Warranties
  4. Sites
  5. Accounts and Registration
  6. Limitations on Product Use
  7. User Content
  8. Limited License to Mantle Furniture: User Content
  9. Release: User Content
  10. Payment
  11. Return Policy
  12. Eligibility
  13. Linked Accounts
  14. Your Representations and Warranties
  15. Assignment of Improvements
  16. Refusal to Provide Products
  17. Intellectual Property: Copyrights
  18. Intellectual Property: Trademarks
  19. Intellectual Property Violations
  20. Relief for Breach
  21. Business Partners
  22. Links | Third-Party Products
  23. Electronic Communications
  24. Indemnity
  25. Disclaimers and Limitations on Liability
  26. Choice of Law | Applicable Law
  27. Notices
  28. Definitions
  29. General Terms
  30. Exhibit A: Product Limited Warranties
  31. Exhibit B: California’s Proposition 65 and Other Warnings

1. Changes to Terms.

We reserve the right to change our Terms and/or our other policies and agreements at any time in our discretion. The most current version of our Terms is available on this page of our Site and shall replace all previous versions. Any revision will have a new “Updated on” date at the beginning of these Terms. If you disagree with our Terms, your only recourse is to discontinue your access, use, and purchase of our Products. Where appropriate, you will be notified of changes to these Terms by e-mail or when you next access our Sites or purchase our Products. The new Terms may be displayed on your computer screen or device, and you may be required to read and accept the updated Terms. BACK TO INDEX


2. Products.

We will use industry-standard procedures to provide our Products. Please consult our Disclaimers and any Limited Warranties applicable to Products purchased. We make no promise to continue to provide our Products and may cease to offer, support, repair, maintain, or update our Products in our sole and exclusive discretion, which shall not be a breach of this or any other agreement we may have with you. If we offer products manufactured by third parties, we make no warranties, express or implied, regarding such products and hereby expressly DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES. Please consult the manufacturer’s warranties for any issues or concerns. BACK TO INDEX


3. Limited Warranties.

Any warranties for our Products are detailed herein on Exhibit A and will also be provided to you with any receipt when you purchase our Products. Other than as specifically stated herein or otherwise provided to you in writing, we make no other warranties, express or implied. Please consult our Disclaimers for more information. BACK TO INDEX


4. Sites.

You may purchase Products through our Sites or through our resellers. Information on our Sites may be out of date, inaccurate, incomplete, or contain errors or omissions. We make no commitment to update our Sites for any reason. Any changes or failure to make updates shall not be considered evidence of improper action, a breach of these Terms, or grounds for an actionable Claim against us. Further, except for these Terms, our Sites shall not form the basis of, or be relied upon in connection with, any contract or commitment whatsoever. Information published on our Sites may refer to Products that are not available in your location or may be out of stock. User Content may be uploaded or provided to us by visitors or Customers. We are not responsible for any User Content displayed on our Sites or elsewhere, whatsoever. Our Sites are displayed or performed by us for visitors and Customers. You shall not download or scrape any Site content in whole or in part without our prior written permission. Failure to abide by this restriction may violate U.S. Copyright or other Laws. BACK TO INDEX


5. Accounts and Registration.

Site access does not require an account or require you to provide us with any Personal Data. For more information on our use of Personal Data, please consult the Privacy Policy section of our Terms below. You may be required, however, to register for an account to access or purchase our Products, qualify as a reseller, or to register a Limited Warranty. If we allow you to register for an account, you may be required to provide us or our Business Partners with some Personal Data (such as your name, e-mail address, credit card information, billing address, and shipping address). In that event, you agree that the Personal Data you provide is accurate. When you register, you may be asked to create a username and/or password. If so, you are solely responsible for maintaining the confidentiality of your login information. You agree to accept responsibility for all activities that occur under your account. You may not use anyone else’s username, password, or account at any time. We cannot and shall not be liable for any loss, damage, or personal injury arising from your failure to comply with these obligations. We may need to change your chosen username in certain circumstances, e.g., if another user has already selected your chosen username. For more information on our use of Personal Data, please consult the Privacy Policy section of our Terms below. Customers purchasing product for their own use and not for resale may purchase Products without creating a username/password. BACK TO INDEX


6. Limitations on Product Use.

6.1 If you purchase our Products, you are purchasing such Products for your own personal use or for resale as an authorized reseller. 6.2 We retain, for ourselves or third parties, all Intellectual Property relating to our Products. Any unauthorized use of our property may violate Intellectual Property and other applicable Laws. 6.3 Except as authorized by us in writing, we do not grant to you any further rights to copy, reproduce, modify, prepare, or create Derivative Works of, sublicense, exploit, or distribute our Products. For clarification, the Customer is the owner or reseller of our Products. Once purchased, such Customer may resell or otherwise use such Products for their intended purposes. 6.4 For clarity, you agree, warrant, and represent that you will not, without our prior written permission, 6.4.1 Use our Products for any illegal purpose or in violation of applicable Laws, 6.4.2 Provide, post, upload, or distribute any User Content that violates a third party’s legal rights, is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate, 6.4.3 Interfere with our Products or any third party’s use of our Products in any manner, 6.4.4 Use our Sites or Products to attempt to collect Personal Data about third parties without their consent, 6.4.5 Circumvent, remove, alter, deactivate, degrade, or thwart any of our content protections, 6.4.6 Frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed on Products (which includes our Sites) without our prior written permission, 6.4.7 Purchase search terms or use any metatags or any other "hidden text" utilizing our names or trademarks without our prior written permission, 6.4.8 Attempt to hide your identity, 6.4.9 Use any robot, spider, automated technology, device, or manual process to monitor or copy our Sites or use any of the same to interfere, or attempt to interfere, with our operations, 6.4.10 Copy, modify, improve, revise, or create Derivative Works to our Intellectual Property without our prior written permission, 6.4.11 Reverse assemble, compile, disassemble, re-engineer, or reverse compile the whole or any part of our Intellectual Property, and/or 6.4.12 Remove any Intellectual Property ownership or management information or other labeling from our Products, including, without limitation, patent, trademark, copyright, hazardous materials warnings, and/or other restricted rights notices that we incorporate into or place on our Products. 6.5 You may not attempt to develop your business through use of any part of our Intellectual Property or tangible property except as otherwise permitted by us in these Terms or other agreement (such as an approved purchase order or invoice). You shall not, directly or indirectly, anywhere throughout the world, present, develop, manufacture, produce, market, sell, or provide any product or service that uses any concepts, formats, know-how, methodology, and/or other Intellectual Property owned by us or that is specifically derived from, or attributable to, our property. For clarification, if you are an authorized distributor or reseller, you may use our trademarks and copyrighted material in your advertising if you comply with our then-current Reseller Agreement(s), Publication Standards, and Minimum Advertised Price (“MAP”) Policies, if any. Further, if you are a purchaser of our Products, you may use and install such Products for their normal and intended purposes. 6.6 Nothing in these Terms shall be construed as conferring by implication, estoppel, or otherwise, any license or right to you to our Intellectual Property except as specifically granted herein. BACK TO INDEX


7. User Content.

For clarification, User Content includes, without limitation, photographic stills, text, audio, video, and audio-video media uploaded or provided to us or our Affiliates which relates to or refers to us or our Affiliates in any manner. It may be commentary, feedback, photographs of Product installations, or a testimonial. It may include images, names, or audio of Persons. You are solely responsible for any User Content and hold us harmless, and indemnify us, for any liability, including attorneys’ fees and costs, arising from such User Content, including our use of such content, whatsoever. By way of example only and not by way of limitation, if you post video of a Person, make sure you have that Person’s consent to post and have others re-post that video bearing the person’s image or likeness. Any views or opinions expressed in any User Content and displayed on our Sites or elsewhere do not necessarily state or reflect our views or opinions. Your sole and exclusive remedy for your or any third Person’s loss, damage, or injury that is caused by User Content will be for us to identify the User Content and its owner, if known. We have no obligation to review, inspect, maintain, backup, or otherwise retain User Content. BACK TO INDEX


8. Limited License to MANTLE FURNITURE: User Content.

By providing us with any User Content or posting such content on any social media pages related to us (e.g., such as posting on Instagram with a hashtag #MantleFurniture, you hereby grant us a royalty-free, non-terminable, world-wide license to view, copy, report on, commingle, and otherwise access, repost, and use for commercial purposes your User Content (a) to provide Products requested by you, and (b) to re-post such User Content in whole or in part on our or our Affiliates’ Sites or any social media pages for any purpose(s), and (c) for any commercial, analytical, or statistical purposes, alone or in combination with other content, whatsoever, and in any form and format. This license shall continue unless terminated by notice to us from you, whereupon we shall delete User Content on our Sites or in our possession or control within a reasonable period of time, however, we shall not be required to remove any User Content posted on any social media. Notwithstanding, our reasonable delay in complying with your termination request shall not be considered a breach of these Terms. We shall not be required to remove, alter, or collect User Content published or distributed and not under our control prior to your notice of termination (e.g., posted on third-party social media websites). Except as permitted herein, we will not aggregate, monetize, or otherwise use your Personal Data that may be included in any User Content for commercial, analytical, or statistical purposes in any manner that would allow third parties to associate such Personal Data with you. Further, we will not sell your Personal Data that may be included in such User Content to third parties. For more information, please consult the Privacy Policy section of our Terms below. BACK TO INDEX


9. Release: User Content.

You hereby release, discharge, and agree to save Mantle Furniture, as well as our Affiliates and Business Partners, harmless from any liability whatsoever for any Claims, including third-party Claims and attorneys’ fees and costs and any amounts paid in settlement, by virtue of any blurring, distortion, alteration, optical illusion, or use in composite(s) form, whether intentional or otherwise, that may occur or be produced in our use of your User Content, as well as any publication or re-publication thereof, including, without limitation, any Claims for libel, false light, or invasion of privacy. BACK TO TOP


10. Payment.

Fees for our Products are to be paid as required by any separate agreement such as an invoice or purchase order (“Payment”). You agree that we may bill charges through the Payment method specified in your account or as otherwise specified by you, for example, a credit card. You authorize such credit card account to pay any amounts so paid or contributed by you and authorize us and our authorized payment processor (a Business Partner) to charge all sums described and authorized to such credit card account. You agree to provide us, or our Business Partners who process your Payment, with updated information regarding your credit card account upon our request and any time the information earlier provided is no longer valid. We enter into agreements with third-party processors requiring Personal Data to be maintained as confidential. To the extent we have knowledge of any request for disclosure of your Personal Data relating to Payments to a governmental authority or legal process, we will notify you at your last-known email address. Payments made are NONREFUNDABLE after 5 days, except as outlined in the Return Policy section herein. Payment for all Products shall be made to Mantle Furniture. BACK TO INDEX


11. Return Policy.

One return or exchange is available to customers once per year per household shipping address for a full refund for any reason. The product(s) must be in “like new” condition, capable of being re-stocked, and returned within one (1) week from its delivery date to receive a full refund. Product(s) damaged by the customer are excluded from this policy. Returns made over seven (7) days and less than thirty (30) days from the delivery date may be accepted in Mantle’s sole discretion, however, Customer will incur a twenty percent (20%) restocking charge for any accepted return – which charge will be due prior to return. Customer shall pay all shipping fees for any returned Product. Our shipping partners will take photographs of the Product the purchaser wishes to return when delivered to Customer. Once we receive the returned Product, we will compare its returned condition with the photo evidence of the Product when first delivered to Customer. Notwithstanding, CUSTOM ORDERS ARE NOT RETURNABLE UNDER ANY CIRCUMSTANCE unless manufactured incorrectly on Mantle’s part. Custom orders include, without limitation and by way of example only, any Products altered from those offered as standard on our Sites such as any custom-made size, configuration, or upholstery. If Customer receives a Product and it doesn’t conform to the order placed or is damaged during delivery, Customer may refuse delivery. BACK TO INDEX


12. Eligibility.

Our Sites may be accessed by children, but we do not market to children or knowingly allow children to purchase Products or to provide User Content. You must be the age of majority in the jurisdiction in which you reside to purchase our Products. BACK TO INDEX


13. Linked Accounts.

We may, now or in the future, permit you to register for an account, provide User Content, or purchase our Products through certain Linked Accounts. By using a Linked Account, you agree that we may access and use any account information from the Linked Account that you have configured to be made available to third parties in this manner, and you agree to the Linked Account’s terms of use regarding your use of our Sites through that Linked Account. If you have reason to believe that your account is no longer secure, you shall immediately notify us at support@MantleFurniture.com. You may alter our access permissions by changing the settings on your Linked Account. BACK TO INDEX


14. Your Representations and Warranties.

14.1 You affirm, represent, and warrant that: 14.1.1 You are the age of majority in your jurisdiction or are not under eighteen (18) if you reside in the U.S. and are competent to agree to these Terms. 14.1.2 Your purchase and use of our Products is, and will be, in compliance with any and all applicable Laws. 14.1.3 If you are purchasing or using our Products on behalf of a company or organization, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization as well as others acting on behalf of all that organization. 14.1.4 You are the creator and owner of, and/or have the necessary licenses, rights, consents, and permissions to use and sublicense User Content, 4.1.5 To the best of your knowledge, all User Content is true and accurate and transmission thereof to us does not violate these Terms or any applicable Laws, 4.1.6 User Content does not, and our use shall not: infringe, violate, or misappropriate any third-party right, including any Intellectual Property or other proprietary right, or slander, defame, harass, or libel any third party, 14.1.7 You have signed releases permitting you to use, and to sublicense, rights to use all images and likenesses from individuals appearing in all User Content related in any manner to our Products or business, provided to us or our Affiliates, or posted on social media. 14.1.8 You will comply with all Terms herein. 14.2 In addition to all other warranties and indemnifications in these Terms, you hereby indemnify and hold us harmless from all Claims and liability, including attorneys’ fees and costs, related to your breach of the representations and warranties in this Section 14, including subsections. BACK TO INDEX


15. Assignment of Improvements.

In the event you think of, create, develop, reduce to practice, or otherwise invent any Derivative Works, modifications, improvements, or revisions based upon or derived from our Products that are not in the public domain (collective “Derivative Works”), you agree: (a) to promptly notify us of any such Derivative Works, providing all appropriate information for us to develop and utilize such Derivative Works by contacting support@MantleFurniture.com, and (b) without the necessity of further agreement, to assign to us all rights, title, and interest in any such Derivative Works. You agree to promptly execute all documents, prepared at our expense, that are reasonably necessary to reflect this assignment without any further consideration. BACK TO INDEX


16. Refusal to Provide Products.

You understand and agree that we have the right to refuse to sell Products to you or any other individual for any reason in our sole discretion except as otherwise disallowed by applicable Laws. We also have the right to remove or delete any User Content you provide to us (directly or through our social media or through any link to our social media (e.g., using “@” or “#” with our Marks) without notice to you. Such refusal shall not be a breach of these Terms or any other agreement with you and shall not subject us to any liability for Claims, including attorneys’ fees and costs, without limitation, even if you suffer damages. BACK TO INDEX


17. Intellectual Property: Copyrights.

Some portions of our Products, including Information on our Sites, may be protected by U.S. Copyright law and owned solely by us or are used by us under license from a third party. Your unauthorized use of such copyrighted materials, in whole or in part, may violate applicable Laws. You may not use our copyrighted materials, excluding your User Content, without our written permission. By way of example, and not limitation, you may not scrape any content from our Sites and/or reuse or publish it in any manner. BACK TO INDEX


18. Intellectual Property: Trademarks.

We own the following trademark(s) and trade name(s) (“Marks”), whether registered in the U.S., elsewhere in the world, or utilized at common law:  

  • Mantle Furniture
  • Mantle

This list may not be complete and we may own additional Marks that are not listed herein. If you have questions about our Marks, please contact support@MantleFurniture.com. Except as authorized herein, you may not use any of our Marks without our written permission. Notwithstanding, if you wish to post User Content resulting from the purchase or use of our Products on your own social media or website(s), you may, but are not required, to use #MantleFurniture or @MantleFurniture in that post. BACK TO INDEX


19. Intellectual Property Violations.

In the event you believe your Intellectual Property rights have been violated, please contact support@MantleFurniture.com and provide us with all of the following information: 19.1 Your, or your authorized agent’s, physical or electronic signature as the Intellectual Property owner, 19.2 Identification of the Intellectual Property claimed to have been infringed or, if multiple materials are infringed, identification of a representative list of such works, including a link to the original work and any registration certificates if available, 19.3 Identification and location of the infringing material within our Sites, our social media, or other specific locations within our possession and control, 19.4 Your contact information, including name, physical and email addresses, and telephone number(s), 19.5 A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by you, as the Intellectual Property owner, your agent, or the Law, and 19.6 A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the Intellectual Property owner (if filed by an agent). Note, we require all the above information. If you send us incomplete information, we will not be able to process your request. We will return your request, indicating what information is missing. BACK TO INDEX


20. Relief for Breach.

We reserve all rights and remedies at law and equity in the event you breach any of these Terms or violate our rights in any manner. You agree that we may proceed with such injunctive or other equitable relief without the necessity of posting a bond as may be available to prevent your breach and, in addition, may pursue an action to recover damages. You agree that if you have cloned, copied, or are using a clone or copy of our Products in whole or in part (including, without limitation, our Sites), in whole or in part, or have intentionally or recklessly utilized our Products for yourself or a third party in violation of any Laws, for any reason, you shall be liable for all our damages and/or injuries, any profits you have earned through such use (without duplication), and you may be subject to an injunction to prevent further breach of these Terms. We may also stop you from using our Products, without reimbursement for Payments made to us, for any breach of these Terms. If we prevail in any legal or equitable action for such breach, you agree that you shall pay all our court costs, attorneys’ fees, and all other costs of any action as well as any costs for collection. BACK TO INDEX


21. Business Partners.

We may have agreements with other Persons (“Business Partners”), which Business Partners may change without notice. We do not grant you any rights to further use our Business Partners’ names or trademarks without their prior written permission. For information regarding Personal Data that may be shared with our Business Partners, please consult the Privacy Policy section of our Terms herein. BACK TO INDEX


22. Links | Third-Party Products.

Any reference or link to another company, website(s), product, or service does not constitute or imply any ownership, sponsorship, endorsement arrangement, or any other relationship with us. We make no representation regarding these third parties and have no control over how third parties use information, their use of “Cookies,” or the safety of content on their website(s). Please consult the Privacy Policy section of our Terms herein and the information regarding Linked Sites in that policy. Should you be directed to a third-party website(s), we disclaim any and all liability whatsoever (as more specifically detailed by our Disclaimers). BACK TO INDEX


23. Electronic Communications.

23.1 For Site visitors or Product customers, by accessing our Sites and/or downloading, licensing, accessing, or using our Products or contacting us for further information, you consent to receiving our electronic communications. 23.2 If you receive a communication from us, you will be provided with an opportunity to “opt out” or “unsubscribe” from all future communications. The link to unsubscribe in any email we send will remain effective for sixty (60) days from the date sent. If, however, you have registered for a Limited Warranty, opting out or unsubscribing from all communications may change our ability to communicate with you regarding that warranty. 23.3 You agree that any notice, agreements, disclosure, or other communications that we send to you electronically shall satisfy all legal communication requirements, including that such communications be in writing. Should you wish to opt out of e-mail communications, except for legal notices, please let us know by contacting unsubscribe@MantleFurniture.com. We will remove your e-mail from our database for such e-mails within a reasonable time. Notwithstanding, our reasonable delay in complying with your opt-out request shall not be considered a breach of these Terms. BACK TO INDEX


24. Indemnity.

In addition to all other indemnification detailed in these Terms, you agree to hold harmless and indemnify us from and against any third-party Claims, including attorneys’ fees and costs, arising in any way from your acts or omissions that cause damage, loss, or injury to such third party. BACK TO INDEX


25. Disclaimers and Limitations on Liability.

25.1 Except as specifically detailed in these Terms or our purchase order, or invoice, our Products shall not form the basis of, or be relied upon in connection with, any additional contract or commitment whatsoever. 25.2 Except as provided in any Limited Warranty, our Products are provided “AS IS” and “AS AVAILABLE” without any other warranties, express or implied. 25.3 You understand and agree that use of our Products involves some risk. Accordingly, you hereby assume all risks of use, whatsoever, and waive any rights of action against Mantle Furniture and our Affiliates, as a result of any injury or condition that may result from such use, and hold Mantle Furniture harmless and release us from any and all Claims, including attorneys’ fees and costs, arising out of any damage, loss, or injury to you, your family members, customers, heirs, and successors, whether such loss, damage, or injury results from our negligence or from any other cause and whether Mantle had knowledge of such risk. 25.4 TO THE EXTENT PERMITTED BY LAW AND EXCEPT AS SPECIFIED HEREIN, MANTLE FURNITURE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTED OR INTENDED RESULTS, ACCURACY, AND NON-INFRINGEMENT. WE DISCLAIM ANY AND ALL LIABILITY FOR YOUR INABILITY TO USE OUR PRODUCTS FOR ANY REASON. 25.5 EXCEPT AS SPECIFIED HEREIN, IN NO EVENT SHALL MANTLE FURNITURE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHATSOEVER, WITH RESPECT TO, OR RESULTING FROM, OUR PRODUCTS. 25.6 IN THE EVENT OUR PRODUCTS ARE PURCHASED OR USED IN A JURISDICTION THAT DOES NOT PERMIT ALL OR A PART OF THESE DISCLAIMERS, THE MAXIMUM AMOUNT RECOVERABLE FOR ALL CLAIMS RESULTING IN A FINAL JUDGMENT, INCLUDING ATTORNEYS’ FEES AND COSTS AND AMOUNTS PAID IN SETTLEMENT, WHETHER SUCH CLAIMS ARE BROUGHT AT ONCE OR SEPARATELY OVER TIME, SHALL BE RESTRICTED TO THE PURCHASE PRICE PAID FOR THE PRODUCT(S) AT ISSUE (WHICH PRODUCT(S) HAS/HAVE GIVEN RISE TO THE CLAIM) AND SHALL ONLY BE AVAILABLE TO THE PERSON WHO CAN DEMONSTRATE HAVING BEEN THE PURCHASER OF SUCH PRODUCT(S) FROM US OR OUR AUTHORIZED RESELLERS. CUSTOMER AGREES TO RAISE ANY CLAIMS ARISING FROM INTERACTION WITH A MANTLE FURNITURE BUSINESS PARTNER – SUCH AS FROM INTERACTIONS WITH A RESELLER OR DELIVERY COMPANY – SOLELY WITH SUCH BUSINESS PARTNER AND SHALL INDEMNIFY AND HOLD MANTLE FURNITURE AND ITS AFFILIATES HARMLESS FROM ANY LIABILITY THEREFOR, INCLUDING ATTORNEYS’ FEES, COSTS, AND ANY AMOUNTS PAID IN SETTLEMENT. BACK TO INDEX


26. Choice of Law/Applicable Laws.

Unless otherwise agreed upon or specified herein, you agree that any legal problems or issues arising as a result of our Products, User Content, or these Terms are subject to the Laws of the State of North Carolina, U.S.A., unless U.S. Federal laws apply, without giving effect to any principles of conflict of laws. Jurisdiction shall only be appropriate in the North Carolina state courts in the county in which Mantle Furniture has its principal place of business or the U.S. District Court of North Carolina closest to Mantle’s principal place of business. Further, you and Mantle Furniture expressly and irrevocably consent to the personal and subject matter jurisdiction and venue in these courts for any Claim made relating to these Terms and/or our Products. You also agree that, unless against the applicable Law in the Jurisdiction, you shall only assert Claims against Mantle Furniture in an individual (non-class, non-representative) basis, and that you shall not seek or agree to serve as a named representative in a class action or seek relief on behalf of anyone other than yourself. Multiple Claims must be brought in the aggregate and not separately. We manufacture, distribute, sell, and/or administer our Products, including third-party manufactured products, from our offices in North Carolina, USA. We make no representation that our Products are appropriate or available for use in your jurisdiction and use of our Products in territories where its content is illegal is prohibited. If you choose to purchase, and/or use our Products, you do so on your own initiative and are responsible for compliance with applicable Laws. BACK TO INDEX


27. Notices.

Any notice, request, demand, or other communication required under these Terms must be in writing and will be deemed sufficiently given upon delivery if mailed by U.S. mail, postage pre-paid, or if delivered by hand. All such notices will become effective on the date of receipt. Any notice to Mantle Furniture should be provided to:

119 S. 7th Avenue
P.O. Box 185
Maiden, North Carolina
USA

Telephone: (833) 622-1848 Questions or comments regarding these Terms may be sent to: support@MantleFurniture.com

  • (for questions regarding our Products)
  • (for legal issues or questions regarding these Terms (including our Privacy Policy)

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28. Definitions.

28.1 “Affiliate” means, for so long as one of the following relationships are maintained, a business entity owned by, controlled by, or under common ownership or control with another Person to the extent of more than fifty percent (50%) of the equity or such lesser percentage that is the maximum allowed to be owned by a foreign corporation in a particular jurisdiction) is held by such other Person, having the power to vote on or direct the affairs of another Person, or any Person controlled by, controlling, or under common control with another Person. 28.2 “Business Partners” are Persons with whom we enter into agreements to assist with manufacturing, distributing, and reselling our Products, processing payments, analyzing traffic, and communicating with you. 28.3 “CCPA” means the California Consumer Privacy Act. 28.4 “Chemical List” shall mean California’s Proposition 65 List as maintained and updated by OEHHA and accessible at https://oehha.ca.gov/proposition-65/proposition-65-list. 28.5 “Claim” means any disagreement whatsoever, including, without limitation, any controversy, dispute, demand, cause of action, litigation, or other legal or equitable proceeding whatsoever. Any indemnity provided herein for Claims includes an indemnity for the indemnified party’s reasonable attorneys’ fees and costs and any amounts paid in settlement to a third party. 28.6 “Cookie” means data generated by a website(s) and saved by your web browser. 28.7 “Customer” means the Person accessing our Sites and/or receiving or purchasing Products from Mantle Furniture or its authorized Affiliates, distributors, resellers, and/or retailers. A Customer may also be an authorized reseller. 28.8 “GDPR” means the European Union’s General Data Protection Regulation. 28.9 “Improvement” means any alteration, modification, change, or product or service derived from a pre-existing work, product, or service. 28.10 “Information,” means any of our materials on our Sites or included in or in connection with our Products, whether text, audio, visual, or audio-visual. 28.11 “Intellectual Property” has the meaning most commonly and broadly understood and includes, by way of example and not limitation, (a) all designs, specifications, processes, techniques, technology, drawings, strategies, presentations, prototypes, computer programs, models, marketing plans, and inventions, any of which may or may not be represented by patent applications, patents, trademarks, copyrights, moral rights, and trade dress, whether or not registered or registrable, and including all rights to related applications, registrations, continuations, and renewals; (b) confidential and/or proprietary information, including Trade Secrets, and ideas, concepts, methodologies, and know-how; and (c) publicity rights and privacy rights, all of the above (a), (b) and (c) in any form or format. 28.12 “Jurisdiction” for both subject matter and over Persons for any Claims related to these Terms or the subject matter herein means the North Carolina, U.S. county in which Mantle Furniture has its principal place of business. 28.13 “Law” means all applicable federal, state, and local statutes, rules, regulations, ordinances, and related case law. 28.14 “Limited Life” means the normal and industry-standard useful life of a Product, including reduction of that usefulness through normal wear and tear or as otherwise stated in any Product invoice or accompanying materials. 28.15 “Linked Account” means an account that a Customer or visitor may have with a third-party websites or social networking service from which account a Person may link to our Products, including our Sites. 28.16 “Mantle” means Mantle Furniture, a division of Temple, Inc., a North Carolina corporation. 28.17 “Person” means a human individual and/or a business entity as is applicable. 28.18 “Personal Data” is defined differently depending on where you reside. To the extent appropriate under applicable Laws, North Carolina Law controls in these Terms. No Personal Data Laws shall over-ride the subject-matter and/or personal Jurisdiction specified in these Terms and/or all other applicable Laws of North Carolina. 28.19 “Products” means any and all offerings from us to you, including without limitation, our Sites, Information on such Sites, merchandise, and other products or services we may offer or provide at any time, regardless of whether we manufacture those Products or resell third-party products. 28.20 “Prop 65” or “Proposition 65” means California’s Safe Drinking Water and Toxic Enforcement Act of 1986 as may be amended from time to time. 28.21 “Site” or “Website” means https://MantleFurniture.com and all pages associated with this or other of our domain names, and any other Mantle Furniture Internet website(s) and our Affiliates’ Internet website(s), excluding User Content. 28.22 “Tax” means any charge, levy, impost, duty (including without limitation goods and services tax, value added tax, sales tax, withholding tax, stamp duty or transaction duty), fee, deduction, and any interest, fine, or penalty charge that is assessed, levied, imposed, or collected by any government body. 28.23 “Trade Secret” is a form of confidential information and has the broadest meaning provided by U.S. Federal law as amended from time to time. 28.24 “Transfer” means any sale, assignment, encumbrance, hypothecation, pledge, conveyance in trust, gift, transfer by request, devise or descent, or other disposition of any kind, including, without limitation, transfers to receivers, levying creditors, trustees, or receivers in bankruptcy proceedings, or general assignees for the benefit of creditors, whether voluntary or by operation of law, directly or indirectly. 28.25 “User Content” means any information or material provided by you to us directly or through third parties (such as social media) in any form or format and through any media or medium and may include feedback, surveys, comments, endorsements, photographs, and multi-media content. Such User Content may include Personal Data. 28.26 Plural and singular terms shall have the same meaning except for the grammatical difference of being singular or plural. BACK TO INDEX


29. General Terms.

29.1 Independent Contractors. We are an independent contractor to Persons purchasing or using our Products. Business Partners are independent contractors of Mantle Furniture, are not agents of Mantle Furniture, and may not execute any agreements on behalf of Mantle Furniture. Further, such Business Partners are required to maintain appropriate insurance for all work conducted, reselling, using, and/or installing our Products. IN THE EVENT YOU HAVE A CLAIM REGARDING PRODUCTS INSTALLED OR DELIVERED OR FOR THE ACTS OR OMISSIONS OF A PERSON RESELLING, INSTALLING, OR DELIVERING OUR PRODUCTS, YOU AGREE THAT ANY SUCH CLAIM IS BETWEEN YOU AND SUCH PERSON WITHOUT ANY LIABILITY OR CONTRIBUTION FROM MANTLE FURNITURE unless we have breached a material obligation within these Terms. Otherwise, Mantle Furniture’s only obligation shall be the identification of these Terms and any other agreement between us and such Independent Contractor. 29.2 Dispute Resolution. With the exception of any type of Claim wherein either you or Mantle Furniture is entitled to seek the immediate remedy of a temporary restraining order, preliminary injunction, or such other form of injunctive or equitable relief as may be used by any court of competent jurisdiction to restrain or enjoin the Person breaching our Agreement, or to specifically enforce the provisions of our Agreement, we both agree to resolve any Claims as detailed herein. 29.2.1 Principals from Mantle Furniture and you shall first attempt to resolve any dispute between ourselves through good faith informal negotiations. If we (both you and Mantle Furniture) are unable to resolve the dispute within sixty (60) days of receipt of an initial Notice of Claim by one of us to the other, you and we may then agree to submit the dispute to mediation or, if both or either of us do not wish to mediate the Claim or cannot agree to mediation rules, either of us may file an action with a court within the Jurisdiction (solely in North Carolina) for relief. 29.2.2 Any mediator shall be a neutral person skilled in the area of the parties’ dispute and chosen by the American Arbitration Association located closest to Mantle Furniture’s principal place of business. Any mediation shall take place in the county in which Mantle Furniture has its principal place of business. 29.2.3 The terms of this Section entitled “Dispute Resolution”, including subparagraphs, shall survive after your purchase of any Products for one (1) year or the duration of any Limited Warranty, whichever is longer. 29.3 Reservation of Rights. All Intellectual Property contained within or related to our Products remains our exclusive property. We reserve all rights not expressly granted to you. You shall own all Intellectual Property rights associated with any User Content provided. 29.4 Assignability. We may assign all or part of our rights under these Terms in connection with a merger, acquisition, asset sale, operation of Law, or otherwise without notice to you. You may not assign any of your rights or obligations under these Terms whatsoever. 29.5 Entire Agreement. These Terms along with any of our invoice(s), Reseller Agreement (if applicable), and Minimum Advertised Pricing (MAP) Policies (if applicable) constitute the entire understanding and agreement between you and Mantle Furniture with respect to the subject matter covered herein and supersede all other prior agreements, understandings, or statements, written or oral, by or between us, if any, with respect to such subject matter. Notwithstanding, these Terms may be amended by us in our sole and exclusive discretion on notice by posting the most recent version of these Terms on our Sites and notification to you if you have an account/registration with us; and these Terms may be amended by an invoice or purchase order signed by us if such agreement specifically references these Terms and the modifications we accept. In the event of any conflict in our Terms (including referenced agreements), the terms most protective of Mantle shall control. 29.6 Claims. In the event you have knowledge of any Claim made by a third party against you, or referencing you, and relating in any manner to our Products, you will promptly notify us of such Claim. You will further provide us with all reasonable assistance in the defense of such Claim. No settlement shall be agreed upon without our involvement and approval. 29.7 Severability. If any provision of these Terms is held to be invalid, illegal, unenforceable, or in conflict with applicable Laws or public policy, the validity, legality, and enforceability of the remaining provisions herein shall not in any way be affected or impaired and shall remain in full force and effect. Either a mediator or a court of competent Jurisdiction (in North Carolina) will endeavour to modify that clause in a manner that gives effect to the intent of these Terms. 29.8 Language. These Terms and any Claims are to be construed and determined in the American English language. Any translated copy provided is for convenience only. The American English language shall control in the event of any contradiction between the English language version and a translated version. 29.9 Force Majeure. Mantle Furniture will not be liable for any damages to you or to third parties for any delay or default in performance if such delay or default is caused by conditions beyond our control, including, but not limited to, acts of God, Government restrictions, regulations, Laws, or sequester, continuing domestic or international problems such as wars, threats of terrorism, or insurrections, strikes, fires, floods, work stoppages, pandemics, epidemics, public health closures, border closures or delays, raw material unavailability, or embargoes. 29.10 Construction. Any reference to “herein” shall refer to these Terms generally and not to a specific Section. Headings and fonts are for convenience only. Anything that cannot be done “directly” under these Terms may also not be accomplished, and shall be a breach of these Terms, if done “indirectly.” Any limitation on the use of our Products or our Intellectual Property automatically includes a limitation on the use of such property “in whole or in part.” These Terms are not to be construed against the drafter. Any reference to “it” or “he” or “she” or “they” shall include the party so referenced, regardless of gender and whether a human individual or entity. 29.11 Waiver. Waiver of any provision of these Terms must be in writing to be effective. Waiver of any breach of any provision of these Terms will not constitute or operate as a waiver of breach of such provision on any other occasion nor a waiver of any breach of other provisions, nor will failure to enforce any provision operate as a waiver of such provision. 29.12 Contests. In the event we sponsor a contest, only Mantle Furniture Customers, excluding resellers, will be qualified to enter that contest. In this event, complete contest rules will be available on our Sites. All Terms herein apply to any contest. These Terms shall control in the event of any conflict between contest terms and these Terms. 29.13 Other Laws. Nothing in this Agreement shall be construed to limit or negate any common or statutory law, including, without limitation, any such law of torts, fiduciary duties, or trade secrets, where such law provides a party with broader protection than that provided herein. Each of us hereby reserves all rights and remedies not specifically mentioned herein, whether in equity or law. 29.14 Survival. All our Terms shall survive your purchase, license, lease, of or access to our Products or any termination of your use of our Products whatsoever. BACK TO INDEX


30. Exhibit A: Product Limited Warranties.

Any products manufactured by a third party are subject to the manufacturer’s warranties. Our warranties shall NOT apply.

Limited Warranties Overview

  • Mantle’s Limited Warranty applies only to our manufactured (and not third-party manufactured) frames, springs, cushions, and fabrics.
  • Only the original purchaser may make any claim under Mantle’s Limited Warranty.
  • Purchaser can only make a claim under Mantle’s Limited Warranty by contacting the original seller of the Product – whether that is Mantle or a Mantle authorized reseller.
  • Limited Warranties are voided if Purchaser or anyone else materially alters the Product.
  • Limited Warranties are voided if Products are subject to abuse or other neglect other than normal wear and tear.
  • If a problem occurs with one of our products, we reserve the right to either replace or repair the product at our sole discretion. Mantle Furniture will be responsible for all related shipping cost to and from the repair center designated by Mantle Furniture. We cannot guarantee colors or dye lots will be available for such repairs or replacements.
  • Mantle and its designees reserve the right to inspect any Product on which a Limited Warranty claim is made.

Limited Warranty – Product Components

  • Any Limited Warranty is voided if a Product is reupholstered or altered.
  • Mantle makes no warranty for any damage due to ordinary wear and tear.

Frames

Many of our Product frames are constructed of kiln-dried and engineered hardwoods, featuring state of the art interlocking design for maximum durability. Each frame is guaranteed against warp, breakdown, or instability for the Limited Life of the frame as upholstered in the original fabric, excluding normal wear and tear.

Springs

Spring construction and all support of backs and seats, exclusive of cushions, is guaranteed against breaking or significant slippage for the Limited Life of the springs under normal stress, excluding normal wear and tear.

Seat Cushions

All cushions are warranted for their Limited Life., excluding normal wear and tear. Frequent turning and fluffing may extend the life of all cushions and fabrics. In the rare occurrence that your cushion(s) needs to be replaced, you shall supply the original Mantle Furniture invoice number. Only the original Purchaser may make a claim under this Limited Warranty. Our warranty is valid only if the furniture has received normal usage and has not been subjected to abuse. Mantle’s cushion warranty is for the loss of cushion resiliency and not normal flattening (i.e., a twenty percent (20%) reduction of the total cushion height over the Limited Life of the cushion) or softening of cushions. Softening and flattening of cushions occur with foam and fibers as a result of regular use and aging and should not be considered manufacturing defects. Mantle is not liable for freight or shipping charges for replacement cushions.

Fabric

We offer a full ONE YEAR warranty (starting from the date an order ships from Mantle to the original Purchaser) against wear under normal use and with proper care, excluding normal wear and tear. We will provide a Limited Warranty for fabrics only if our fabric mill verifies that a fabric defect exists. This warranty does not cover fading or pilling, which sometimes occurs with normal use of some fabrics, and is not valid where there is evidence of heavy soiling. We reserve the right to replace the portion of fabric that is defective. Mantle or its designee(s) have the right to inspect any fabric for which a claim under our Limited Warranty is made. Fabric Limited Warranties are voided for fabrics that:

  • have been exposed to pets, whatsoever, pets are abrasive to fabric and should not be allowed on your furniture,
  • have been improperly cleaned,
  • have been treated with any kind of stain repellent, and /or
  • have been treated with any after-market chemical treatment.

Care of the fabric is important. Failure to maintain fabrics as recommended may void fabric Limited Warranties. Cleaning by a professional furniture cleaning service only is required for all our fabrics. To prevent overall soil, frequent vacuuming, or light brushing to remove dust and grime, is also suggested. Seat cushions must be turned twice monthly to get maximum wear from both the fabric and the cushioning. BACK TO INDEX


31. Exhibit B: California’s Proposition 65 and Other Warnings.

Any business with 10 or more employees that sells or ships products in California must comply with California’s Proposition 65 (“Prop 65”) warning labeling requirements, consistent with the examples herein, on all products that contain any of the chemicals on the Prop 65 Chemicals List (“Chemical List”) found here and do not meet Safe Harbor standards (quantities) found here. Some of our furniture Products may contain chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm. California’s consumer labeling and warning requirements are among the strictest in the world, and we take our compliance with Prop 65 very seriously. Customer’s do not need to worry about buying a furniture Product that contains a Prop 65 warning label. These warning labels are meant to inform consumers and not to scare them away. Almost all furniture sold in the market has some quantities of the chemicals on the Prop 65 Chemical List. All reputable furniture companies whose products contain chemicals on the Prop 65 Chemical List display Prop 65 warning labels where necessary. In the event that Mantle has determined that a furniture Product DOES NOT contain any of the chemicals on the Prop 65 Chemical List above, we will not, and are not required to, provide a Prop 65 compliant warning label. If, however, Mantle determines that any one of the chemicals on the Prop 65 Chemicals List above are contained in any furniture Product(s), in any amount, Mantle will provide a warning label on such furniture Product(s). In some instances, we may also be required to provide the warning label on our website, in our catalog, and on our purchase orders/receipts. There may be situations where Prop 65 warnings are required to be printed in other languages. For example, when a consumer product sign, label or shelf tag used to provide a warning includes consumer information in a language other than English, the warning will also be provided in that language in addition to English. Examples of Prop65 warning labels that you may see are herein. This is not meant to be a complete list. If you have any questions about a warning label on any of our Products, do not hesitate to ask your salesperson or contact Mantle for more information. Standard Warning Labeling for Products not Furniture | No Dust Exposure. Products that contain chemicals on the list above that cannot be classified as furniture or products that can expose consumers to wood dust, should include the following standard warning: WarningWARNING: “This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer, and [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov. Note: Only one chemical on the Chemical List is required to be listed in the warning, even if the product contains multiple chemicals on the list. Warning Labeling for Furniture | Possible Dust Exposure. Products that can be classified as furniture (i.e., any indoor or outdoor furnishing) and products that can expose consumers to wood dust have specific warning requirements outlined herein. Warning WARNING: This product can expose you to chemicals including [name of one or more chemicals known to cause cancer, name of one or more chemicals known to cause reproductive toxicity, or name of one or more chemicals known to cause both cancer and birth defects or other reproductive harm], which is [are] known to the State of California to cause cancer or birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/furniture. Note: In the instance that Mantle is the retailer selling directly to consumers the herein Notice must be at the top of any sales receipt or on a sign near the product. If Mantle is a wholesaler, it is the retailer’s responsibility to include this information on signage and/or receipts. If the notice is placed at the physical point of sale, there are specific size/font/color requirements. NOTICE: Some furniture products can expose you to chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm. Please check the product label for warning information. Warning Label for Products That Include Raw Wood and Assembly Requirements Other Than Simple Screws or Gluing With Possible Wood Dust. Products that contain any of the chemicals on the List and can expose consumers to wood dust, must include the following additional warning displayed at the time of sale, or on or near the physical wood product or if sold in bulk stamped or printed on the invoice or receipt: WARNING: Drilling, sawing, sanding, or machining wood products can expose you to wood dust, a substance known to the State of California to cause cancer. Avoid inhaling wood dust or use a dust mask or other safeguards for personal protection. For more information go to www.P65Warnings.ca.gov/wood. Please note that Products that can be classified as Furniture and that may also expose Customers to wood dust, must include both the furniture specific warning and the wood dust specific warning above. Customers may be exposed to wood dust if products require any substantial assembly by the consumer (i.e., drilling, sanding, cutting, scraping, etc.). For more information on Prop 65 please visit www.P65Warnings.ca.gov. BACK TO INDEX