Terms & Conditions

Terms & Conditions
The website https://nestscapes.com (referred to as the 'website') is operated and owned by Nestscapes Inc. (referred to as 'Nestscapes', 'we', 'our', 'us', or the 'Company'). These Terms and Conditions apply to your use of the website, as well as the sale of products through the website and their subsequent delivery. By engaging in any of these activities, you are subject to these Terms and Conditions, which shall prevail over any other terms unless expressly agreed upon otherwise. By using the website, you are deemed to have read, understood, and accepted these applicable Terms and Conditions. Nestscapes retains the right to amend and modify these Terms and Conditions. Any such modifications shall take immediate effect upon being posted on the website and shall apply to any subsequent orders placed. In all cases, orders can only be placed after the customer has explicitly acknowledged and accepted the relevant Terms and Conditions.

PLACING AN ORDER
The products available for purchase are detailed within the published catalogue on the website. The catalogue provides an accurate representation of the products through images and descriptive product characteristics.

Due to the artisanal nature of our furniture pieces, customization options allow you to choose fabrics, leathers, and veneers that resonate with your preferences. It's important to note that variations may arise between images displayed on our website and the actual product. All images presented depict the actual products available for purchase, and we make every effort to present a faithful likeness. You acknowledge and agree that all images and descriptions provided on our website and related materials are approximations, and Nestscapes assumes no liability for any deviations in dimensions, weights, quantities, colors, specifications, or similar aspects in relation to delivered products.

To place an order, customers must follow the order procedure outlined on the website. Upon successfully placing an order, you will receive an email confirming the details of the order. This email will also contain a summary of your order.

Our order confirmation does not establish a binding contract or imply acceptance of your order; rather, it serves as a record of your offer to purchase a specific product at a specified price. Upon receiving an order, Nestscapes will evaluate whether to fulfill it, reserving the right to refuse or limit an order for any valid reason. By placing an order, you indicate your acceptance of all Terms and Conditions stipulated on this website. Nestscapes reserves the right to accept, decline, or restrict your order for various reasons, including but not limited to credit review, product unavailability, or errors in posted prices and product descriptions. By placing your order, you agree that Nestscapes' total liability, under any legal theory or claim, shall be confined to the actual purchase price paid to Nestscapes for the product in question.

Nestscapes operates primarily as an online entity and will primarily communicate with customers via email. It is incumbent upon the customer to ensure accurate contact information is provided and that the designated email address is regularly monitored for correspondence.

Nestscapes MID-CENTURY REPRODUCTIONS - RIGHTS AND COPYRIGHT
Certain products in our range constitute high-quality reproductions of classic furniture designs. It is important to note that these reproductions are not originals. Nestscapes is not affiliated with any other company or designer. Wholesalers, retailers, and any parties reselling Nestscapes pieces must accurately describe, advertise, and sell our items as quality reproductions inspired by the style, while clarifying that they are not exact replicas of the original designs. Our products are not produced by the original designers, nor are they endorsed by the official manufacturers. Any reference to the designer or original product name is intended for comparative purposes only. Nestscapes does not possess the trademarks for the original designs and makes no claims to provide products from the designers and licensing companies mentioned above.

PRICES
All prices showcased on our website are denominated in $US & Canadian Dollars ($CAD) depending on where you are placing your order from. The displayed prices exclude taxes, and applicable sales taxes must be added to all transactions within Canada. Customers hailing from Québec remit GST and QST, while those in Ontario, Nova Scotia, New Brunswick, and Newfoundland are subject to HST. Customers in British Columbia, Alberta, Saskatchewan, Manitoba, PEI, Nunavut, Northwest Territories, and Yukon apply GST. Depending on the order's total and the delivery location, delivery charges may not be incorporated. For comprehensive information on delivery charges, please refer to our dedicated Delivery section. The total price, encompassing sales tax and delivery, will be presented and verified during checkout before finalizing the order. The entire payment amount must be settled in full before processing the order.

FOREIGN TAXES AND IMPORT DUTIES
Our products originate from warehouses situated in Toronto, Montreal and other cities across Canada. International orders could attract import duties and taxes, levied upon arrival in the destination country. It is advised to consult local authorities to discern the applicable charges. Nestscapes does not levy or collect duties/taxes for goods destined for international destinations. These charges are the customer's responsibility upon receiving the items in the destination country.

PAYMENT
We facilitate payments through Credit Cards (Visa, Mastercard, and American Express) and Paypal. Payment information undergoes encryption and is safeguarded by an SSL certificate offered by Shopify. Credit card charges occur upon checkout in full. In select cases, we may accept bank wire transfers for special orders. Kindly reach out to us for bank wire payment inquiries. Importantly, payment details, including credit card information, are never stored or retained by Nestscapes under any circumstances. Order processing proceeds upon the successful clearance of funds. Further information is available in our Payments and Privacy Policy sections. Please ensure that the billing address entered on the order form corresponds with the address registered with your credit card company.

DELIVERY
Nestscapes is pleased to dispatch products to addresses spanning Canada and the continental United States. However, shipments to P.O. Boxes are not supported.

Custom-made Furniture – Delivery Time
The delivery time for your customized order, tailored to your specifications, varies between 9 to 13 weeks. This timeframe serves as an estimate and is not contractually binding. For a comprehensive understanding, kindly review our Delivery page.

Delivery Charges
Our pricing structure incorporates GRATIS shipping for orders exceeding $100 (before taxes) across Canada and the continental United States.

Delivery charges are applicable if the aggregate order value (pre-tax) falls below $100. A flat $19 delivery fee is levied for orders under $100 (before taxes) within Canada, except for Yukon, Northwest Territories, and Nunavut—reach out to us for quotes in these regions.

We allocate a premium for reputable furniture delivery companies to ensure top-notch service. All shipping expenses include insurance coverage.

For international orders, kindly email us at info@nestscapes.com, and we'll promptly provide our optimal shipping rates.

Carriers
We believe your acquisition merits meticulous handling and attention. To that end, we collaborate with leading furniture delivery companies, including Canpar, UPS, Day & Ross, Maritime Ontario, FedEx Freight, and XPO Logistics. Selection is contingent on factors such as destination, product weight, and dimensions.

Delivery Procedure
The carrier will get in touch to coordinate the delivery time frame, typically in the morning or afternoon, though not specifying an exact time. Nestscapes assumes no responsibility for product delivery timing. Upon dispatch, it becomes the customer's responsibility to engage with our designated carrier company, ensuring availability during the assigned delivery slot. In case our shipping partner cannot establish contact during the agreed-upon delivery time, rescheduling will be necessary. Additional delivery costs resulting from rescheduling are not covered by us. Upon delivery, a delivery form must be signed, affirming the receipt of the product in proper condition (devoid of evident defects or damage).

Feel free to direct any queries to our team for prompt assistance.

Inspection:
It is your responsibility to thoroughly inspect all items upon delivery, and any claims should be submitted within 24 hours.

Tracking Number:
We are committed to keeping you informed. Upon dispatching your order, we will reach out via email with pertinent tracking information, allowing you to closely monitor your delivery. Additionally, one of our professional furniture carriers will contact you by phone to confirm a suitable delivery time.

Change of Address:
If you intend to modify the delivery address or any other delivery details before the indicated delivery date, kindly send an email to info@nestscapes.com to notify Nestscapes at least 48 hours before the scheduled delivery. Please include the order number and relevant product details in your notification. Nestscapes will confirm the change via phone or email, or decline if the alteration doesn't align with our Terms and Conditions or if valid reasons for refusal exist.

Delay:
Nestscapes and the transportation service cannot be held accountable if the delivery cannot be completed due to an incorrect address or inaccurate delivery information provided by the customer. Additionally, Nestscapes is not liable for delays stemming from strikes, legal lockouts, or other disruptions caused by suppliers. In the event of such inconveniences or other force majeure circumstances, the delivery period will be extended proportionately. To the extent permissible by law, we disclaim any liability for losses, liabilities, costs, damages, charges, or expenses arising from delayed delivery.

Delivery Access:
Before ordering large furniture items, we recommend verifying access point dimensions within your home. It is your responsibility to ascertain that merchandise can fit through doorways, staircases, corridors, and elevators. Product dimensions can be found in the product descriptions.

Quality Assurance:
Nestscapes assures the quality and excellence of its products. Each product undergoes rigorous quality control checks, which may occasionally lead to delivery delays due to the customization required to meet individual client needs. In cases where a product doesn't meet our stringent quality control standards, Nestscapes will re-manufacture the item at our expense.

Transfer of Ownership:
Title and risk for the products pass to the customer upon signing for the product delivery.

Cancellation:
All our products are tailored to your specific preferences. You have the option to cancel your order with us up until the end of the seventh (7) day from the date of order placement. Once the seventh day elapses, your order enters production at our factory. After production begins, cancellations are not possible. To initiate cancellation, you must inform us in writing via cancellation@nestscapes.com, referencing your name and order reference number. Refunds will be processed upon cancellation. However, for cancellations beyond the 7-day window, a 20% deduction from the order value will apply to the refund.

Returns:
Nestscapes places a high value on quality, and as part of our commitment to exceptional customer service, we offer an unconditional return policy. Within 7 days of delivery, you may return products for any reason. Please consider the following terms:

7-Day Money Back Guarantee:

Our goal is your satisfaction with every purchase from our online store. In instances where you are dissatisfied with the quality or condition of our products, you can return the item(s) within 7 days for a full refund of the purchase price, excluding shipping costs to and from Nestscapes. We will deduct actual shipping costs if free shipping was applied to your original order. The 7-day money back guarantee period begins from the customer's product receipt date. If no delivery receipt is available, the assumed date is three business days from the dispatch date. The item must be undamaged and in its original condition, returned in the original packaging, unmarked, unused, unassembled, and complete with all accessories.

Returned products not in their full original condition and packaging, including all original wrappings, will incur a 20% restocking fee deducted from the total refund.

Please note that all shipping charges are non-refundable. Thus, the following fees and charges will not be reimbursed:

- Delivery charges from Nestscapes
- Delivery charges for returning the product to Nestscapes

Customers must follow the guidance of Nestscapes staff for return facilitation.

Upon receipt of the products, your merchandise will undergo inspection, and the refund will be processed within thirty (30) business days.

Refunds are typically processed through the same transaction method used for the original purchase. To opt for an alternative refund method, please contact our customer service center at 1-855-55N-SCAPES (1-855-556-7227).

All returns require a Return Merchandise Authorization (RMA) number issued by Nestscapes. Returns lacking this authorization will not be accepted.

To initiate a return, simply follow these steps:

Send an email to returns@nestscapes.com or call us within 7 days of delivery to request a Return Authorization Form.
Complete and email or fax the form for approval before returning the item. Include a photo of the packaged product you intend to return.
Attach the Return Form to each box being returned, and ensure you have the original receipt. The address will be provided upon approval of the refund/return request.
Please note that SALE items are considered final sales and cannot be returned for a refund.

We regret to inform you that commercial purchases are not covered by our return policy.

Apart from Nestscapes' 7-Day Money Back Guarantee, we do not provide refunds.

Nestscapes reserves the right to modify these terms and conditions without prior notice.

Damaged or Faulty Returns:
We take utmost care to ensure safe shipping of your items. Each order is insured in the rare event that damage occurs during shipping. Though such instances are infrequent, damages can occur. Customers must inspect all items at the time of delivery before the delivery personnel depart; otherwise, we cannot be held liable for transit-induced damage. If a customer receives a damaged or faulty item, they must promptly notify Nestscapes upon receipt of the goods and adhere to the stipulated returns policy.

In the event of damage or defective products, it is essential to inform the driver of the rejection due to shipping damage and note "Damaged Upon Arrival" on the receipt. To process a claim, please send up to three (3) pictures, including one of the shipping box, to claims@nestscapes.com. Any damage not indicated while the driver is present cannot be claimed. Retain all original packing materials. Upon refusal of delivery, our customer service team will initiate a claim and work towards a replacement or refund promptly and at no additional expense to you. If the product is accepted but damaged, you will be responsible for filing a claim with the relevant carrier.

Nestscapes must issue a return authorization before customers can return goods. Unauthorized returns will not be accepted.

Any claims for damaged or faulty items after 7 days from delivery will not be accepted for a refund and will be treated as warranty claims. In such cases, customers are responsible for all return costs. Returned items must be in their original packaging and condition, inclusive of all accessories, and must not be used or altered. Items must be unmarked and unassembled.

Warranty Claims:
Nestscapes is committed to product excellence and offers exceptional customer service. For this reason, all Nestscapes products are backed by a comprehensive three (3) months warranty.

Our responsive after-sales department is readily available to assist with any post-purchase queries. Most issues are resolved within 72 business hours. If you require assistance with your product after purchase, please contact us

at warranty@nestscapes.com. Under this warranty, Nestscapes' responsibility is to repair or replace (at its discretion) any part or product covered by this warranty or any implied warranty, free of charge.

However, this warranty does not cover:

Normal wear and tear
Damage resulting from abnormal use, abuse, or negligence
Products that have not been maintained or have been modified
Any indirect or consequential loss
This warranty applies solely to the original purchase and requires proof of purchase. To the extent permitted by law, all other warranties, whether express or implied, are excluded. Goods subject to warranty must be returned in their original packaging for inspection and assessment at the customer's cost. This warranty is valid only in Canada and is non-transferable. We do not provide warranty services for internationally shipped items.

Please note that this warranty is not applicable to commercial usage or becomes void in case of a change in the original ownership.

Hyperlinks:
Our website may feature links to other websites. Nestscapes has no control over the privacy policies of these third parties and is not responsible for the content associated with these websites.

Coupon Codes:
Coupon codes obtained from our newsletter or other promotions cannot be combined with other discounts or sale items. Coupon codes received through gift cards or compensation cannot be used concurrently with standard discount percentages. After entering your coupon code in the designated box, the discount will be deducted from the final amount, while the general rate discount (described at the top of this page) will be automatically applied. It is not possible to use two coupon codes in a single order. If you possess two coupon codes, you must select one for usage. Coupon code offers are exclusively valid for orders placed on nestscapes.com and do not apply to orders on other marketplaces, shopping engines, or auction sites.

Privacy:
At Nestscapes, we are committed to respecting your online privacy. We collect personal information only when specifically provided by you with your consent. Our collection is limited to what is necessary for order processing, fulfillment, and website services. Customers making purchases on our website must provide a valid credit card number and expiration date, along with their name, mailing address, telephone number (for courier purposes), and email address. These details enable order processing and communication regarding order status. Please review our Privacy Policy, which governs your website visit and outlines our practices.

Safeguarding Personal Information:
We collect personally identifiable information to the extent reasonably necessary for legitimate business purposes, ensuring the security, integrity, and privacy of your provided information. By using this website, you express consent to the Nestscapes Privacy Policy. For additional details, please review our Privacy Policy. If you disagree with this policy, kindly refrain from using the website. We retain the right to amend this policy; regular review will ensure your awareness of any privacy practice changes. Continued usage of our site indicates acceptance of such changes.

Credit Card Fraud Protection and Prevention:
When placing an order with Nestscapes, whether via credit card or PayPal, you may receive an email from our Fraud Team requesting further information to verify the cardholder's identity. This may include a copy of your credit card and driver's license. This step ensures a secure and reliable shopping experience while safeguarding against fraud.

When additional information is needed to confirm the cardholder's identity, your order will be placed in pending status until our Fraud Team's internal checks are completed. If you fail to provide the required information, your order will be canceled, and your payment will be refunded to the original payment method. These information requests are intended to protect credit card and PayPal account holders from online fraud. Nestscapes may take further actions against customers identified as engaging in fraudulent transactions.

Natural Materials:
Your chosen furniture is a distinctive creation. Leather and fabrics are natural upholstery options subject to unique variations in shade, texture, color, or grain. Creases may appear naturally in leather, which is not indicative of a manufacturing defect. Wood grains and color tones also naturally vary and evolve with age. Stone finishes like marble and granite exhibit differences in color and veining. Steel products might display minor blemishes during the manufacturing process, which do not imply manufacturing defects. Consequently, we cannot guarantee that the finish of ordered wood, leather, or stone will precisely match the pictured items. These inherent characteristics are not considered damages or defects.

Leather:
Nestscapes employs premium Italian leather to finish our furniture. To keep our collection affordable, some pieces may incorporate "leather-match" material, such as vinyl, for non-seating areas like the backs and sides. This does not compromise the appearance or durability of the piece. Should you require "Full Leather" for your furniture, please contact us to discuss the cost adjustment for full leather.

ASSEMBLY:
Unless stated otherwise, Nestscapes furniture arrives unassembled. Each of our products comes with clear, step-by-step instructions for effortless assembly.

INTELLECTUAL PROPERTY:
Ownership of the website's design and its graphic components (including text, images, logos, and other materials) lies with Nestscapes or its commercial partners. Reproduction, imitation, or use of these elements without explicit prior authorization from Nestscapes is strictly prohibited. If you suspect any images or products on this website violate your rights or those of a third party, please promptly notify Nestscapes. We will assess the alleged infringement and remove relevant content as needed. It's important to note that Nestscapes cannot be held accountable for any infringement by commercial partners or website users.

RESALE, DISTRIBUTION, AND CUSTOMS RESTRICTIONS:
Goods are sold and distributed within Canada. Be aware that in certain countries, the resale and offer of goods legally purchased in Canada might not align with local national laws.

ELECTRONIC COMMUNICATIONS:
Your interactions with Nestscapes, including website visits and email correspondence, involve electronic communication. By visiting nestscapes.com or sending emails, you consent to receiving electronic communications from us. We'll communicate via email or post notices on the website. You agree that all agreements, notifications, disclosures, and other communications we provide electronically fulfill any legal requirement for written communication.

GOOGLE ANALYTICS:
Nestscapes.com utilizes Google Analytics, a web analytics service offered by Google, Inc. Google Analytics uses cookies to assess your website usage and generate reports on website activity. Google stores data collected by cookies on servers in the United States. Google might also share this information with third parties when required by law or when these parties process data on Google's behalf. Google does not associate your IP address with other data it holds. When you use Nestscapes.com's online shop, you consent to Google processing your data as described. For more details, visit http://www.google.com/intl/en/policies/privacy/.

LICENSE AND WEBSITE ACCESS:
Nestscapes grants a limited license allowing access and personal use of this website. This does not permit downloading, modification, or any commercial use of the website or its contents without Nestscapes' express written consent. The license doesn't encompass resale or commercial use of the website's content, product listings, descriptions, or prices, derivative use of the website, copying account information for other merchants, or utilizing data mining, robots, or similar tools for data extraction. Reproduction, duplication, selling, reselling, visiting, or exploiting any part of this website for commercial purposes without Nestscapes' written consent is prohibited. Framing or using framing techniques to enclose trademarks, logos, or proprietary information of Nestscapes without express written consent is not allowed. Using meta tags or any other ":hidden text": incorporating Nestscapes' name or trademarks without Nestscapes' express written consent is prohibited. Unauthorized use terminates the permission or license granted by Nestscapes. You are granted a limited, nonexclusive, and revocable right to create a hyperlink to Nestscapes' home page, provided the link doesn't portray Nestscapes, its associates, or products/services in a false, offensive, misleading, or derogatory manner. Nestscapes' logo or proprietary graphics/trademarks cannot be part of the link without express written permission.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT:
Visitors may post content such as reviews, comments, suggestions, ideas, questions, or information. This content must not be illegal, obscene, defamatory, invasive of privacy, threatening, infringing on intellectual property rights, injurious to third parties, or objectionable. Content should not contain software viruses, mass mailings, chain letters, political campaigning, commercial solicitation, or ":spam." False email addresses and impersonation are prohibited. Nestscapes reserves the right (but not the obligation) to remove or edit such content. By posting content or submitting material, you grant Nestscapes and its associates a nonexclusive, royalty-free, irrevocable, perpetual, and fully sublicensable right to use, modify, reproduce, adapt, distribute, publish, create derivative works, and display the content worldwide through any media. Nestscapes and its associates also have the right to use your submitted name in connection with such content. You warrant that you own or control rights to the content you post, that it's accurate, won't violate this policy, and won't harm any person or entity. You'll indemnify Nestscapes for any claims arising from content you supply. Nestscapes monitors and may remove or edit content, but doesn't assume liability for posted content.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY:

Your use of the website is at your sole risk. The website, information, services, and content are provided "as is," "as available," and "with all faults." Nestscapes disclaims all conditions, representations, and warranties, whether implied or express, including merchantability, fitness for a specific purpose, and noninfringement. Nestscapes doesn't guarantee the usefulness, accuracy, quality, suitability, truth, completeness, or accuracy of the website. Nestscapes doesn't promise uninterrupted, secure, error-free website use, accurate results, or reliable products, services, content, information, or materials. You assume risk for any computer damage or data loss resulting from obtaining content from the website, including damage caused by computer viruses. Nestscapes isn't liable for direct, indirect, special, punitive, exemplary, or incidental damages arising from website use, even if Nestscapes was advised about the possibility of such damages.

In purchasing from this website, you, the customer, hold Nestscapes harmless for any misuse-related liabilities arising from products sold by us. Nestscapes isn't responsible for damage to individuals or property due to defective furniture. Damages are limited to replacement or repair of the purchased item only.

DISPUTES: Any dispute arising from these Terms and Conditions, your website use, or the resulting relationship, including performance, breach, enforcement, validity, or existence of these matters, will be resolved through private, confidential arbitration before a single arbitrator in Toronto, Ontario. Ontario law governs the arbitration, conducted in English or French under the Ontario Arbitration Act, 1991. Claims will be arbitrated individually, not consolidated. You waive rights to participate in class action claims against Nestscapes and opt out of any such proceedings. We reserve the right to protect intellectual property rights and confidential information through injunctive relief in court.

INDEMNITY: You waive, release, discharge, and relinquish any claims connected to website use. You'll indemnify and hold Nestscapes harmless from claims, losses, damage, taxes, liability, and expenses related to website use and Nestscapes products.

SITE POLICIES, MODIFICATIONS, AND SEVERABILITY: Review our other policies, like Returns, Privacy Policy, Warranty Information, and About Us pages, on this website. By doing business with Nestscapes and clicking "confirm" during checkout, you equate it to your handwritten signature on a legal document. These policies govern your visit and understanding of Nestscapes. We can modify our site, policies, and Terms and Conditions at any time. If any conditions are deemed invalid, void, or unenforceable, they won't affect the validity and enforceability of other conditions.

ENTIRE AGREEMENT: These Terms and Conditions, along with website prices, delivery details, contact information, and privacy policy, encompass our agreement for supplying goods. Any claims or representations by salespersons don't alter these terms. The company accepts responsibility under these terms.

QUESTIONS: For inquiries about these Terms and Conditions, contact our support staff via the 'Contact Us' link in the menu or by emailing info@nestscapes.com.