Welcome to Nest and Needle. These Terms and Conditions ("Terms") govern your use of shopnestandneedle.com (the "Website") and your purchase of products and services from Nest and Needle ("Nest and Needle," "we," "us," or "our").
Please read these Terms carefully. By using the Website, creating an account, or placing an order, you agree to these Terms, our Privacy Policy, and our Policies page, each of which is incorporated by reference. If you do not agree, please do not use the Website or place an order.
1. Eligibility
You must be at least 18 years old to place an order or create an account. By placing an order, you confirm that you are at least 18 years old and that you have the legal authority to enter into these Terms. If you place an order on behalf of a business, you confirm that you have authority to bind that business to these Terms.
2. Accounts
You are responsible for keeping your account login information confidential. You are also responsible for all activity under your account. Please notify us promptly if you believe your account has been accessed without permission. We may suspend or close accounts that violate these Terms.
3. Custom Products and Our Process
Every Nest and Needle product is custom-made to order. Our process includes three steps:
- Shape & Size Selection and Order. You select your pillow type, shape, size, and quantity, and you pay for your order in full.
- Design Conceptualization. We provide three design concepts based on your input. Each order includes up to two rounds of revisions.
- Custom Implementation. After you approve your final design, we produce your order.
We offer throw pillows and lumbar pillows. We reserve the right to decline any order at our discretion. If we decline an order, we will refund any payment received for that order.
4. Design Approval
Your approval in writing confirms that the design, dimensions, fabric, quantity, and all other specifications are correct. Once you approve your design, it is final. We are not responsible for errors in specifications that you approved.
5. Pricing and Payment
All prices are listed in U.S. dollars. Prices are subject to change without notice. However, the price confirmed at the time of your order will apply to that order.
Full payment, including shipping and applicable tax, is due when you place your order. Production begins after you approve your final design.
We reserve the right to correct pricing errors. If an error affects your order, we will contact you before proceeding. You may then choose to continue at the correct price or cancel for a refund of amounts paid.
6. Sales Tax
We collect sales tax where required by law. Sales tax is calculated based on your shipping address and the tax laws of the applicable state and local jurisdiction. Tax-exempt organizations must provide a valid exemption certificate before checkout.
7. Changes and Cancellations
Changes may be requested until production begins. Cancellation terms depend on the stage of your order and are described on our Policies page. Once your design is approved, orders cannot be cancelled.
8. Shipping, Title, and Risk of Loss
We ship to addresses within the United States. Delivery dates are estimates and are not guaranteed. Title and risk of loss pass to you when we deliver your order to the shipping carrier.
You are responsible for providing a complete and accurate shipping address. A reshipping fee may apply for orders returned due to an incorrect address.
9. Returns, Damage, and Defects
Because every product is custom-made, all sales are final. We do not accept returns or exchanges on custom orders.
If your order arrives damaged or with a manufacturing defect, please contact us within three (3) days of delivery. Include your order number and photos of the issue. After review, we will repair or replace the affected item. This is your sole remedy for damaged or defective products, to the extent permitted by law.
10. Handcrafted Variations
Our products are cut and sewn by hand. Slight variations in pattern placement, stitching, texture, and color are a natural part of handcrafted work. Colors may also appear differently on screens than in person. These variations are not defects.
11. Your Materials
You may provide photos, logos, artwork, colors, or other materials ("Your Materials") for use in your design. By submitting Your Materials, you confirm that you own them or have permission to use them. You also confirm that our use of Your Materials to create your order will not infringe the rights of any third party.
You grant us a limited license to use Your Materials solely to design, produce, and deliver your order. We may decline any request that we believe may infringe a copyright, trademark, or other right.
12. Intellectual Property
The Website and its content are owned by Nest and Needle and are protected by copyright, trademark, and other laws. This includes text, photos, graphics, logos, and design concepts. You may not copy, reproduce, or distribute our content without our written permission.
Nest and Needle retains all rights to the design concepts we create. When you purchase a finished product, you receive ownership of that physical product. You may not reproduce our designs or have them manufactured by others without our written permission.
With your consent, we may photograph completed products for our portfolio and marketing. You may withdraw your consent at any time by contacting us.
13. Gift Cards
Gift cards may be applied toward any Nest and Needle order. Gift cards cannot be redeemed for cash, except where required by law. We are not responsible for lost or stolen gift cards. Gift cards do not expire.
14. Trade and Commercial Orders
Trade and commercial orders may be subject to a separate written quote or agreement. That agreement may include volume pricing, custom timelines, and payment schedules. Where a signed agreement conflicts with these Terms, the signed agreement will govern.
15. Acceptable Use
When using the Website, you agree not to:
- Violate any law or the rights of others
- Submit false, misleading, or unlawful information or materials
- Interfere with the operation or security of the Website
- Use automated tools to access or collect data from the Website
- Attempt to gain unauthorized access to any account or system
16. Disclaimer of Warranties
Except as expressly stated in these Terms, the Website and our products are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all other warranties, express or implied. This includes implied warranties of merchantability and fitness for a particular purpose.
Some states do not allow the exclusion of implied warranties. In those states, some of these exclusions may not apply to you.
17. Limitation of Liability
To the fullest extent permitted by law, Nest and Needle will not be liable for any indirect, incidental, special, consequential, or punitive damages. Our total liability for any claim related to an order will not exceed the amount you paid for that order.
Nothing in these Terms limits any rights you may have under the Texas Deceptive Trade Practices-Consumer Protection Act or other consumer protection laws that cannot be waived by agreement.
18. Indemnification
You agree to indemnify and hold harmless Nest and Needle and its owners, employees, and agents from claims arising from Your Materials, your violation of these Terms, or your violation of the rights of any third party. This includes reasonable attorneys’ fees.
19. Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules.
If you have a concern, please contact us first. We will work in good faith to resolve it informally. If we cannot resolve a dispute within 30 days, either party may bring a claim in the state or federal courts located in Texas. You and Nest and Needle consent to the jurisdiction of those courts. Either party may also bring an individual claim in small claims court where eligible.
Nothing in this section limits any rights you may have under the consumer protection laws of your state of residence.
20. Electronic Communications
By placing an order or creating an account, you consent to receive communications from us electronically. These include emails and electronic approvals. You agree that electronic communications and approvals satisfy any legal requirement that such communications be in writing.
21. Third-Party Links
The Website may contain links to third-party websites. We do not control those websites and are not responsible for their content or practices.
22. Changes to These Terms
We may update these Terms from time to time. Updated Terms will be posted on this page with a revised effective date. Orders are governed by the Terms in effect at the time the order is placed.
23. General Provisions
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of that provision. These Terms, together with our Privacy Policy and Policies page, are the entire agreement between you and Nest and Needle regarding your use of the Website and your purchases.
24. Contact Us
If you have questions about these Terms, please contact us:
Nest and Needle
PO Box 261965, Plano, Texas 75026
Contact us through the Contact form on this website.