Terms of service

Rose & Mantle Terms of Service

Last Updated: March 1, 2025

1. Introduction

Welcome to Rose & Mantle. These Terms of Service ("Terms") govern your use of the Rose & Mantle website, mobile application, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Rose & Mantle is a business registered in the State of California, United States.

2. Definitions

  • "Company," "we," "us," and "our" refer to Rose & Mantle.
  • "User," "you," and "your" refer to the individual or entity accessing or using the Services.
  • "Content" refers to all materials found on our Services, including text, images, product descriptions, designs, graphics, logos, and software.
  • "Products" refers to any merchandise offered for sale through our Services.

3. Use of Services

3.1 Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this requirement.

3.2 Account Registration

You may need to create an account to access certain features of our Services. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate and complete information when creating an account and to update your information as necessary.

3.3 Prohibited Activities

When using our Services, you agree not to:

  • Violate any applicable law or regulation
  • Infringe upon our intellectual property rights or those of any third party
  • Use our Services for any fraudulent or illegal purpose
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Attempt to gain unauthorized access to any portion of the Services
  • Use the Services to send unsolicited communications
  • Impersonate any person or entity

4. Products and Purchases

4.1 Product Information

We strive to provide accurate product descriptions, pricing, and availability information. However, we do not warrant that product descriptions or other content on our Services are accurate, complete, reliable, current, or error-free.

4.2 Pricing and Payment

All prices are displayed in US Dollars and are subject to change without notice. We reserve the right to refuse or cancel any order for any reason, including pricing errors. Payment must be made at the time of purchase through our accepted payment methods.

4.3 Shipping and Delivery

Product delivery is limited to addresses within the United States. For more information about shipping and delivery, please refer to our Shipping Policy.

4.4 Returns and Refunds

For information regarding returns and refunds, please refer to our Return Policy.

5. Intellectual Property Rights

5.1 Our Content

All content on our Services, including but not limited to text, graphics, logos, images, product designs, and software, is the property of Rose & Mantle or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes. This license does not include the right to:

  • Modify or copy our Content
  • Use our Content for any commercial purpose
  • Remove any copyright or other proprietary notations from our Content
  • Transfer our Content to another person or "mirror" our Content on any other server

5.3 Trademark Information

Rose & Mantle's name, logo, and all related product and service names, designs, and slogans are trademarks of Rose & Mantle or its affiliates. You may not use such marks without our prior written permission.

6. User Content

6.1 Submission of Content

By submitting content to our Services (including product reviews and comments), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

6.2 Content Standards

You agree that any content you submit will not:

  • Infringe upon any third-party rights, including intellectual property rights
  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Contain any material that is false, misleading, or fraudulent

7. Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

8. Limitation of Liability

8.1 Disclaimer of Warranties

Our services and products are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Rose & Mantle, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, or use, arising out of or in connection with these terms or your use of the services, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

In no event shall our total liability to you for all damages, losses, or causes of action exceed the amount paid by you to us, if any, in the past six (6) months, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Rose & Mantle, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your use of our Services, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.

10. Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

10.2 Arbitration

Any dispute arising out of or relating to these Terms or your use of the Services shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

10.3 Waiver of Class Actions

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

10.4 Small Claims Court

Notwithstanding the foregoing, you may bring an individual action in the small claims courts of the State of California if the claims qualify and so long as the matter remains in such court and advances only on an individual basis.

11. California Consumer Rights Notice

Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our Services. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.

13. Termination

We may terminate or suspend your access to all or part of our Services, with or without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users of our Services, us, or third parties, or for any other reason.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and Rose & Mantle concerning your use of the Services.

14.2 Severability

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

14.3 No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.

14.5 Contact Information

For questions about these Terms, please contact us at:

Rose & Mantle
Email: info@roseandmantle.com

By using our Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.