Terms & Conditions
2. Purchase Related Policies
The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. NEST reserves the right to cancel any online order for any reason.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Website are accurate, complete, reliable, current, or error-free.
4. Intellectual Property
All content available on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and arrangement thereof (collectively, the "Content") is the property of NEST Fragrances, our affiliates, partners or licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of NEST Fragrances, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.
Except as required under applicable law, neither the Content or Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to our New York office at the following address:
601 West 26th Street
New York, NY 10001
Tel: (212) 759-0047
5. Your Obligations and Responsibilities
In the access or use of the Website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. It is strictly prohibited to use or contact this Website to disrupt or damage the Website, its contents or its security measures or to harass or disparage NEST or its products or services or personnel. No unsolicited email (spam) may be directed to or through this
6. Your Account
You may choose to register at our Website. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in NEST's best interests to do so.
NEST has no responsibility and assumes no liability for the unaffiliated sites to which it is linked to or from, including but not limited to the content or web pages or other, products, services or materials on the site linked to the Website or posted to this Website by anyone other than NEST. We may permit some links for convenience, but it is not an endorsement by NEST, our affiliates or our partners of the referenced content, product, service or supplier. Please note that the rules and privacy policies of linked sites may differ from those of NEST and should be reviewed by you when you use the link to access the other site. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unsolicited suggestions, ideas, inquiries, materials, feedback, or other information you provide us will be treated as non-proprietary and non-confidential and, by submitting such information, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display such information in any form, media, or technology, whether now known or
hereafter developed, alone or as part of other works. You also acknowledge that your submission of information may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
9. Representations and Warranties; Limitation of Liability
THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WE ARE NOT RESPONSIBLE FOR TIMELINESS, ACCURACY, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE WEBSITE OR ITS CONTENTS. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
10. Fraud Protection
We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We reserve the right to cancel any order using any promotion or promotional code, at our sole discretion. If any order cancellation occurs you will be credited in full for the cancelled order(s). We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
With respect to any dispute regarding the Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York.
agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions.
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