Terms And Conditions of Sale

Last Updated Date:  January 14, 2026

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through our www.marykaysfuriture.com website (the “Site”). These Terms are subject to change by MARY KAYS FURNITURE LLC (referred to as “Mary Kay’s Furniture”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion.  Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

1. YOUR RIGHTS AND OBLIGATIONS

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.  PLEASE READ THEM CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS.  YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS. 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH MARY KAY’S FURNITURE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8).

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you confirmation with your order number and details of the items you have ordered.

3. Prices and Payment Terms.

    (a)   All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

    (b)  We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

    (c)   Although we have made every effort to display our products and their colors, finishes, textures, condition, and appearance as accurately as possible, the displayed attributes of the products depend upon the computers or devices used by you to view our Site, and we cannot guarantee that your devices will accurately portray the actual attributes of the products.  Likewise, we cannot and do not warrant the accuracy of customer product ratings, reviews, descriptions, comments, or feedback that may be available on our Site.  Unless expressly stated otherwise on the applicable product page, the goods offered through the Site are vintage, mid‑century, and other previously owned, re‑purposed, and restored items; they are not new and may exhibit signs of age, prior use, and restoration, including variations in finish, patina, wear, minor repairs, and other imperfections, which are inherent characteristics of such pieces.  We diligently inspect and research each piece and endeavor to provide accurate, good‑faith descriptions and condition reports, including disclosure of material issues, but descriptions, measurements, and visual depictions (including photographs and videos) are provided for general informational purposes only and may be incomplete, approximate, or limited by lighting, angle, device settings, and other factors.  We strongly encourage you to conduct additional due diligence before purchasing: please contact us with any questions about a piece’s condition, history, provenance, materials, and functionality; request supplemental information, measurements, and additional photos and/or videos; and, where feasible, inspect the item in person or through a qualified agent before finalizing your order.  In the event of any inconsistency between a product description and the item’s actual, as‑is condition, the actual, as‑is condition shall control, and your remedies (if any) are limited as set forth in Sections 5, 6, and 7 of these Terms.

    (d)  Payment must be received by us before we accept an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. To the fullest extent permitted by applicable law and card‑network rules, you agree that you will not initiate a chargeback or billing dispute except in the following limited circumstances: (a) an unauthorized transaction (e.g., card used fraudulently without your permission), (b) a duplicate charge, (c) we fail to ship your order in accordance with these Terms.  You agree and acknowledge that disagreements regarding product condition, wear, finish, patina, color/texture variance due to device display settings, or other disclosed or inherent characteristics of vintage and restored furniture items are not valid grounds for a chargeback.  You agree to cooperate with our reasonable requests for information and documentation related to any claimed non‑receipt, damage, or billing error, including photographs, delivery confirmations, and communications with carriers.  Filing a chargeback does not relieve you of your obligations under these Terms.  BEFORE INITIATING ANY CHARGEBACK OR FORMAL BILLING DISPUTE WITH YOUR CARD ISSUER OR PAYMENT PROVIDER, YOU AGREE TO FIRST NOTIFY US IN WRITING OF THE ISSUE AND PROVIDE A REASONABLE OPPORTUNITY FOR US TO INVESTIGATE AND RESOLVE IT.  You must email us with (d) your order number, (e) a detailed description of the issue, and (f) supporting photos or videos, within the earlier of 48 hours after delivery (for shipment‑related damage, shortage, or incorrect items).  We will reasonably and in good faith investigate and propose a resolution consistent with these Terms. This pre‑dispute process complements and does not waive any rights or obligations under our Returns and Refunds policy.  Where carrier tracking or delivery records reflect successful delivery to your designated address and you accept delivery without timely noting damage, shortage, or incorrect items, you agree that you will not initiate a chargeback on those grounds. 

4. Shipments; Delivery; Title and Risk of Loss.

    (a)  We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay for all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

     (b)  Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.  Without limiting the foregoing, once we tender the products to the carrier, any loss, shortage, theft, or damage in transit is your responsibility and any claims for loss or damage must be made solely and directly with the carrier in accordance with the carrier’s claims process and deadlines.  Our role with respect to any transit loss or damage is limited to reasonably cooperating with you in your communications with the carrier; we are not the insurer of the shipment and have no liability for the carrier’s acts or omissions, for any failure of the carrier to pay a claim, or for any amounts beyond the remedies available from the carrier.

5. Returns and Refunds. All products and services offered through the Site are sold on a final, as‑is basis. All sales are final and non‑cancellable once your order has been accepted under Section 2, and we do not offer returns, exchanges, or refunds for any reason.

Consistent with the nature of vintage, mid‑century, previously owned, re‑purposed, and restored furniture, items may exhibit variations in condition, finish, patina, wear, minor repairs, color or texture differences, and other inherent or disclosed characteristics; these attributes do not constitute defects, nonconformities, or grounds for a return, exchange, refund, or chargeback.

6. Warranties.

    (a)  ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS”, WITH ALL FAULTS, AND WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

    (b)  WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES OFFERED ON THIS SITE. ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.

    (c)  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

7. Limitation of Liability.

    (a)  IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

    (b)  OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDYFOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

    (c)  The limitation of liability set forth in Section 7(b) shall only apply to the extent permitted by law.

8. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. 

9. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, disease, pandemic or epidemic, quarantines, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

10. Governing Law and Jurisdiction. This Site is operated from the US.  All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Maryland.

11. Dispute Resolution and Binding Arbitration.

    (a)  YOU AND MARY KAY’S FURNITURE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. 

    ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 

    (b)  The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

    The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 

    Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules.  Mary Kay’s Furniture will reimburse those fees for claims totaling less than $10,000 if the arbitrator rules in your favor on any material aspect of your claim.  If your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award Mary Kay’s Furniture the reimbursement of its costs and arbitration fees against you and/or your counsel.  

    For your convenience and ours, we may mutually choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

    (c)  Each of us may elect to pursue your claim in small-claims court rather than arbitration if the party wishing to pursue such a claim provides the other party with written notice of its intention to do so within seven (7) after either party provides written notice of the dispute.  The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

    (d)  You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MARY KAY’S FURNITURE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

    If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

12. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent.  Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

13. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the waiving party.

14. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

15. Notices.

    (a)  To You. We may provide any notice to you under these Terms by sending a message to the email address you provide. Notices sent by email will be effective when we send the email.

    (b)  To Us. To give us notice under these Terms, you must provide notice by personal delivery, overnight courier, or registered or certified mail to Mary Kay’s Furniture. We may update the f address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

16. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.  

17.  Entire Agreement. Our order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.