terms & conditions

last updated august 3, 2018

Thank you for coming to thenestinginstinct.com (the "Site"). The Nesting Instinct, c/o Customer Service, One West End, Suite 17K, New York, NY 10023 (“The Nesting Instinct”) has established the following terms and conditions that we would like you to be familiar with. Your use of the Site constitutes your agreement (“Agreement”) to the terms and conditions outlined below. Please read them carefully:

agreement

We provide users of the Site with access to certain content and services related to The Nesting Instinct’s products and personal shopping, FAQs, news, tools, text, photos, audio and video clips, links to third party websites, and other similar content (collectively, the "Services").

acceptance of terms

The Site and Services are made available by The Nesting Instinct subject to this Agreement. We reserve the right to update or make changes to this Agreement at any time. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of the page. When using the Site and any Services, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Site and the Services, which are hereby incorporated by reference into this Agreement. 
We reserve the right at any time, temporarily or permanently, to: 

• modify or discontinue the Site and the Services, with or without notice

• charge fees in connection with the use of the Site

• modify and/or waive any fees charged in connection with the Site and the Services

• offer opportunities to some or all users of the Site and the Services

You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, content, feature or product offered through the Site. Your continued use of the Site and the Services after such changes will indicate your acceptance of the changes.

jurisdictional issues

The Site is controlled and operated by The Nesting Instinct from the United States and is not intended to subject The Nesting Instinct to the laws or jurisdiction of any state, country, or territory other than that of the United States. If you are accessing the Site outside of the United States, The Nesting Instinct does not represent or warrant that the Site is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

copyright and trademarks

The information and Services made available through the Site are and shall remain the property of The Nesting Instinct. Except as expressly authorized in advance by The Nesting Instinct in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site. 

submissions, feedback and testimonials

Your submission of information through the Site is governed by The Nesting Instinct’s Privacy Policy. You represent and warrant that any information you provide in connection with your use of the Site is true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site and/or any of the Services. 

If you provide any comments or suggestions to The Nesting Instinct with respect to the Site, Services, or The Nesting Instinct products or services, you agree to assign to The Nesting Instinct all rights and titles to the Feedback upon submission of the comment. You agree that The Nesting Instinct may make available on the Site any testimonials, content, and/or materials in connection therewith, that you submit to The Nesting Instinct ("Testimonials").

For each Testimonial, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Testimonial, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You acknowledge and agree that we reserve the right to do any or all of the following, at our discretion: 

• Monitor and respond to Testimonials;

• Alter, remove, or refuse to post any Testimonial;

• Disclose any Testimonials, and the circumstances surrounding their transmission, to any third party, in each of the foregoing cases, in order to operate the Site

rules of conduct

While using the Site, you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this Section. If you fail to comply with such rules, we may terminate your access to the Site pursuant to this Agreement. You agree that you will not: 

• Post, transmit, or otherwise make available, through or in connection with the Site:

  • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.

  • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."

  • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

  • Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.

  • Any material, non-public information about a company without the proper authorization to do so.

• Use the Site for any fraudulent or unlawful purpose.

• Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.

• Impersonate any person or entity, including without limitation any representative of The Nesting Instinct; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.

• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

• Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).

• Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

• Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.

• Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

termination

This Agreement is effective until terminated. The Nesting Instinct, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if The Nesting Instinct believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.

changes in terms and conditions

The Nesting Instinct may at any time change any of the terms and conditions or prices displayed on thenestinginstinct.com. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices.

This privacy notice discloses the privacy practices for The Nesting Instinct and our website; http://www.thenestinginstinct.com This privacy notice applies solely to information collected by this website, except where stated otherwise. It will notify you of the following:

• What information we collect;

• With whom it is shared;

• How it can be corrected;

• How it is secured;

• How policy changes will be communicated; and

• How to address concerns over misuse of personal data.

information collection, use, and sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. 

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g., to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. 

your access to and control over information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number provided on our website:

• See what data we have about you, if any.

• Change/correct any data we have about you.

• Have us delete any data we have about you.

• Express any concern you have about our use of your data.

orders 

We request information from you when you place an order for a product or service. To buy from us, you must provide contact information (like name and shipping address) and financial/payment information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.

sharing

We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

And/or: 

We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.

And/or: 

We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services. 

security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (e.g. billing or customer service) are granted access to personally identifiable information. The computers/servers on which we store personally identifiable information are kept in a secure environment.

cookies

We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance their experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Some of our business partners may use cookies on our site (e.g., advertisers). However, we have no access to or control over these cookies.

links

This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

notification of changes

We advise that to see changes in the privacy policy you are welcome to check back to re review periodically our privacy policy for any updates that may take place.

other provisions as required by law

Numerous other provisions and/or practices may be required as a result of laws, international treaties, or industry practices. It is up to you to determine what additional practices must be followed and/or what additional disclosures are required. Please take special notice of the California Online Privacy Protection Act (CalOPPA), which is frequently amended and now includes a disclosure requirement for “Do Not Track” signals.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via email at info@thenestinginstinct.com.

We at the nesting instinct thank you for your purchase. We hope you are 100% happy with your item(s). However, if you are not fully satisfied with your purchase, you may return it for a full refund or exchange. Please see below for more information on our return policy.

returns/exchanges

All returns or exchanges must be postmarked within 7 days of the purchase date. All returned items must be in new and unused condition, with all original tags and labels attached and packaging intact. for more information, please contact us here.

Thank you for visiting and shopping at thenestinginstinct.com. Following are the terms and conditions that constitute our Shipping Policy.

shipment processing time

All orders are processed within 2-3 business days. Orders will not be shipped on weekends or holidays unless noted by the shipping carrier.

If we are experiencing high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.

shipping rates and delivery estimates

Shipping charges for your order will be calculated and displayed at checkout.

Shipment method: FedEx Standard
Estimated delivery time: 3-5 business days (once the order has been processed)                
Shipment cost: $10.00                                                   

*Delivery delays can occasionally occur.