Terms & Conditions

Agreement between user and www.nestloft.com

Welcome to www.nestloft.com. The www.nestloft.com website (the "Site") is comprised of various web pages operated by Nest Loft, LLC ("Nest Loft"). www.nestloft.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.nestloft.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.nestloft.com is a E-commerce Site.
We sell home furnishings and accessories.

Privacy

Your use of www.nestloft.com is subject to Nest Loft's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.nestloft.com or sending emails to Nest Loft constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Nest Loft is not responsible for third party access to your account that results from theft or misappropriation of your account. Nest Loft and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Nest Loft does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.nestloft.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Furniture orders can be changed or cancelled for any reason within three days of the order date. After three days, changes or cancellations for “Stock” furniture may be subject to restocking fees of up to 25%, in addition to return shipping costs. “Custom” orders cannot be exchanged, cancelled or returned. Delivery fees are non-refundable.

Arrival Dates

Nestloft does its best to assure merchandise arrives within the quoted delivery time frame. If an unforeseen delay occurs, we will do our best to notify you in advance, however we do not provide monetary compensation for late delivery.

Delivery

Delivery services are available within the United States and internationally through International Checkout. All merchandise must be paid in full prior to delivery. It is the customer’s responsibility to inspect all items before signing the delivery acknowledgment form. Delivery fees are non-refundable.

Risk of Loss

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.

Color & Finish

Due to the uniqueness and raw material used in some of our products, the color, finish and dye lot may vary on each item. In addition, exposure to light and temperature changes can affect the condition of your merchandise over time.

Assembly and Size Limitations

Some merchandise may require assembly. If your merchandise is delivered, assembly is available for an additional fee. Some items such as furniture, rugs, mirrors and art are in most cases large and heavy and as such oversize charges can apply. This charge is listed on the item page and is in addition to regular delivery and processing charges. Customers are responsible for their size limitations. Please be conscious of passages that could cause delivery issues (e.g., stairwells, hallways, doorways, elevators, etc.) and result in possible additional delivery charges.

Returning or exchanging delivered furniture

To arrange a return or exchange for a delivered furniture item please email contact@nestloft.com.
Furniture items must be properly packaged in the original shipping containers and packaging materials.
Refunds or exchanges for furniture returns will be processed when the item(s) has been received in our (location of) warehouse. Please allow up to 2 to 3 weeks for your refund or exchange to process.
If a furniture item delivered to you arrives damaged, please call us immediately at 877-417-2385. Retain all packing materials unless instructed otherwise by NestLoft. We may require photos of any damage prior to processing your order. All claims for damage must be made within 3 days of receipt. For further information on our furniture return policy on Curbside, Local, and Freight deliveries please call 877-417-2385 and speak to one of our Sales Specialists or Customer Service representatives during business hours.

Clearance & Seasonal Merchandise

Furniture which is a final clearance item and cannot be exchanged or returned. In addition, due to the seasonality of select items, seasonal merchandise cannot be exchanged or returned after the related season or holiday.

Links to third party sites/Third party services

www.nestloft.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Nest Loft and Nest Loft is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Nest Loft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nest Loft of the site or any association with its operators.
Certain services made available via www.nestloft.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.nestloft.com domain, you hereby acknowledge and consent that Nest Loft may share such information and data with any third party with whom Nest Loft has a contractual relationship to provide the requested product, service or functionality on behalf of www.nestloft.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.nestloft.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Nest Loft that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Nest Loft or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Nest Loft content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Nest Loft and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Nest Loft or our licensors except as expressly authorized by these Terms.

Use of communication services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Nest Loft has no obligation to monitor the Communication Services. However, Nest Loft reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Nest Loft reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Nest Loft reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Nest Loft's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Nest Loft does not control or endorse the content, messages or information found in any Communication Service and, therefore, Nest Loft specifically disclaims any liability with regard to the Communication Services and any action sresulting from your participation in any Communication Service. Managers and hosts are not authorized Nest Loft spokespersons, and their views do not necessarily reflect those of Nest Loft.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials provided to www.nestloft.com or posted on any Nest Loft web page

Nest Loft does not claim ownership of the materials you provide to www.nestloft.com (including feedback and suggestions) or post, upload, input or submit to any Nest Loft Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Nest Loft, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Nest Loft is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Nest Loft's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Nest Loft from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Nest Loft Content accessed through www.nestloft.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Nest Loft, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Nest Loft reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Nest Loft in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEST LOFT, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NEST LOFT, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEST LOFT, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEST LOFT, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEST LOFT, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Nest Loft reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nevada without giving effect to any principles of conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nest Loft as a result of this agreement or use of the Site. Nest Loft's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Nest Loft's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Nest Loft with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitute(s) the entire agreement between the parties with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral. This Agreement may be amended only by a written instrument signed by the You and Nest Loft. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Disputes

Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Las Vegas, Nevada, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Nevada. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Nevada. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

Remedies

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

Copyright Complaints - DMCA Notices

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us a legally sufficient DMCA notice to contact@nestloft.com
Nest Loft welcomes your questions or comments regarding the Terms:
Nest Loft, LLC
2360 Corporate Circle
Suite 400
Henderson, NV 89074
Email Address:
contact@nestloft.com
Telephone number:
877-417-2385
Effective as of February 28, 2014