NEST & WILD PURCHASE AGREEMENT
The following is the Agreement ("Agreement") between the provider of the Nest & Wild Products (as defined below) Direct Sleep LLC, D/B/A Nest & Wild ("N&W”, “We”, “we” and “us”) and the visitors and purchasers of Products (“You”, “you "). UPON PURCHASE OF ANY PRODUCTS, YOU AGREE TO THESE TERMS AND CONDITIONS. WE URGE YOU TO READ THIS AGREEMENT CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CALL US AT 1-662-610-1882. Our website is provided for you to browse and purchase N&W Mattresses and other products (collectively, “Products”).
“Agreement”, means these N&W Terms and Conditions and the N&W Warranty (“Warranty”) both of which are hereby incorporated into this Agreement.
“Products”, means any N&W mattresses, bed frames, mattress protectors or other product sold via N&W.com or a N&W authorized retailer.
“Website” means the website located at the Uniform Resource Locator nestandwild.com.
- Who Can Use Website
Only adults over the age of eighteen (18) are permitted to use the Website and purchase the Products.
The prices listed on the website do not include your local State Sales Taxes. When you go to check out, we’ll calculate your local sales taxes prior to completing your purchase.
We only accept third party credit card as payment for your Product, we accept payment from Visa, Mastercard, Discover and American Express. We may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
Free standard shipping is available in the contiguous US (All States except for Alaska and Hawaii). We will attempt to ship your Product as soon as possible however delays which are out of our control may very well occur. You agree and acknowledge that we have no control over third party shipping providers such as FedEx and UPS (“Shipping Company”) and we have no liability for lost or damaged products once they are handed off to the Shipping Company. You are responsible for filing and making claims regarding lost or damaged Products directly to the Shipping Company. Shipping charges are non-refundable.
- Variation of Mattress Size and Specification
Our Mattresses use premium materials including memory foam. Due to the nature of these premium materials, the size and weight of your Mattress may vary from the sizes posted on the Website. You agree and acknowledge that your Mattress size and weight might vary from those listed on the Website and your sole remedy for such fluctuations is to return your mattress as per our Return Policy.
- Refunds and Returns (“Return Policy”)
We will provide you with a full refund of the money spent on your Product if you are not completely satisfied with your sleeping experience within the first one hundred (100) nights of Product delivery.
- Mattresses: Upon delivery of your Mattress, you have a one hundred (99) day period of time to return your N&W Mattress. Upon return within the 99-night window, you will receive a full refund of the applicable amount spent specifically on the mattress or bed frame you are returning.
This Return Policy is only applicable for purchases of genuine N&W product from N&W.com. Shipping charges are non-refundable. The Return Policy does not apply to any accessories purchased or any N&W products purchased from any third-party retailer including but not limited to Amazon.com.
You may only have two (2) Mattresses returned per household or shipping address. Any Mattress that has been resold, gifted or transported outside of the contiguous United States are not eligible for return.
- Discounts and Offer Codes
From time to time, in our sole discretion, we may provide a reduced cost or promotional discount for Products, for a promotional period, to first-time or other selected customers (“Promotions”). Promotions may be only available for a limited quantity and such Promotion may terminate or change at our sole discretion. Links to such Promotions may be posted on third party websites and will only be honored if such Promotion is current, valid and authorized. We assume no liability for incorrect, expired or unauthorized third party descriptions of our Promotions.
Discounts may also not be combined with any other sale, promotion, discount code, coupon and/or offer. Promotions have no cash value. Discounts cannot be sold or otherwise bartered.
We may provide you with an opportunity to participate in our referral program ("RP") which will provide you with rewards including gift cards (“Rewards”) if you decide to refer other individuals to purchase a N&W Mattress. We may limit you to only receive a Reward for a maximum of ten (10) referrals. Rewards are only provided to referrals in which the Mattress was not returned. You agree that you are responsible for any and all tax consequences that may result from your receipt of such Reward. The RP link and assets associated with such may not be posted on any coupon or rewards type websites. Failure to adhere to this condition will result in non-payment of any and all rewards.
- Referral Program
We may provide you with an opportunity to participate in our mattress referral program ("RP") which will provide you with rewards including gift cards (“Rewards”) if you decide to refer other individuals to purchase a N&W Mattress. We may limit you to only receive a Reward for a maximum of ten (10) referrals. Rewards are only provided to referrals in which the Mattress was not returned after the one hundred (100) night trial. You agree that you are responsible for any and all tax consequences that may result from your receipt of such Reward.
The RP is meant for you to refer friends and family members. It is a violation of the RP to refer yourself or share with the general public. The RP link and assets associated with such may not be posted on any coupon, rewards or loyalty type websites and may not be shared with the general public through free or paid postings. You may not post your links to any N&W post. Failure to adhere to these conditions will result in non-payment of any and all rewards and may result in termination in our RP. N&W reserves the right to terminate your referral status at any time and for any reason.
Within our Website we provide you an opportunity to provide feedback regarding your N&W Product (“Review”). At our sole discretion we will determine whether to post your Review on the Website. In submitting a Review, you agree to grant us an irrevocable, assignable, worldwide license and sublicense to use your Review on our Website, media advertisements, social media platforms and any other media of our choosing. You will receive no compensation or royalties for the use of your review.
- N&W Mattress Money Back Review Guarantee (the “Review Guarantee”)
All reviews posted on N&W.com are authentic and genuine reviews from N&W customers. We guarantee that all legitimate product reviews posted by our customers will be posted to the site. If a Legitimate Review is not posted to the website within thirty (30) days the customer who submitted the review will receive their money back.
A “Legitimate Review” shall mean a review which was:
- Submitted by verified purchaser of a N&W Mattress.
- Subject matter of the review pertains to the N&W product or service provided.
- Does not include inappropriate language or materials.
- Does not contain confidential or private information.
- Does not promote third party products or services.
- Failed to post due to a third-party system error.
If you feel we have violated the Review Guarantee, please email us at firstname.lastname@example.org and we will respond to your claim within 5 business days. If we have violated the Review Guarantee, you will receive your full refund within 10 business days of our response and you will be allowed to keep your N&W Mattress.
- Information on Website
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Website is at your sole risk. We reserve the right, in our sole discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to the Website to anyone at any time. Prior to purchasing any third-party products, services or Products described on the Website, you are advised to verify pricing and other information. Neither N&W nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.
- Copyright & Trademark
All materials on the Website, including without limitation text, images, software and databases (collectively, the "Content") are owned or controlled by N&W, its content suppliers and/or other content providers and is protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Website or any portion thereof for any public or commercial use without the prior written permission of N&W.com.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of N&W.com, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of N&W.com or the relevant Affiliate.
N&W name and imagery is pending Trademark with the United States Patent and Trademark Office. You agree not to use this Trademark without our express written consent.
- Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE OR FROM US, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, FROM THE COMPANY IS IN ACCORDANCE WITH COMPANY'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND IN OUR MARKETING MATERIALS. EACH OF THOSE PARTIES DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT AND OUR TOTAL LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE PAID THE MATTRESS.
- Governing Law
THIS AGREEMENT AND THE TERMS OF PRODUCT PURCHASE SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
- California Residents - Proposition 65 Warning
It is required by the state of California that we, as the seller of our products, inform the public about the possible presence of certain chemicals in our products. While we do not believe that our products contain any of the chemicals covered under Proposition 65, or only trace amounts, we are nevertheless required to provide the following: WARNING: This product contains a chemical (or chemicals) known to the State of California to cause cancer, birth defects or other reproductive harm.
Please note, N&W only uses CertiPUR-US® certified foams and our mattresses are made without ozone depleters, flame retardant chemicals and heavy metals. Our mattresses are ultra-low VOC (less than 0.5 parts per million) and adhere to the highest standards of environmental protection.
- N&W Mattress Cover
We recommend that customers do not remove the mattress cover. If a customer needs to remove the cover for any reason, we recommend that the customer does not touch or place anything on the fire retardant sock. The N&W Mattress fire retardant sock may have contained small amounts of fiberglass, which makes the mattress fire retardant (the fiberglass allows us to sell a safe mattress without using harmful chemicals). The small amounts of fiberglass will not affect human health while sleeping, but customers should not touch or place fabrics directly on the fire retardant sock.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Any claim, dispute or controversy between you and us (or made by or against anyone connected with you or us, or claiming through you or us) arising from or relating to Your membership ("Claim"), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Agreement.
Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of California, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 ("FAA"), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, you and we retain the right to pursue in a small claims court located in the federal judicial district that includes your billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis.
The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of California without giving effect to the choice of law provisions thereof. The arbitrator's authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and we do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.
If you prevail in the arbitration of any Claim against us, we will reimburse you for any fees you paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.
Arbitration rules and forms may be obtained from the AAA at www.adr.org. Claims shall be filed in any AAA office. However, any participatory hearing that you attend shall take place in Santa Barbara County, California, unless you chose to have the hearing take place in the federal judicial district that includes Your billing address at the time the arbitration Claim is filed.
This arbitration provision applies to all Claims now in existence or that may arise in the future.
- Entire Agreement
This Agreement constitutes the entire agreement between you and us with respect to the Website and, if applicable your purchase of a N&W Product and supersedes all prior agreements between you and N&W. Failure by us to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. This Agreement is between you and N&W. If you do not wish to be bound by these terms and conditions of use, you should not visit or use the N&W.com Website. N&W.com reserves the right to change this Agreement from time to time at its sole discretion, without prior notice.