Welcome to nesthab.com! These Terms & Conditions (“Terms”) govern your access to and use of the nesthab website (nesthab.com) and any related services, features, content, and applications offered by nesthab (collectively, the “Site”).
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services.
1. Definitions
- “nesthab,” “we,” “us,” “our”: Refers to nesthab, located at 8337 Whitefield St, Dearborn Heights, MI, 48127, USA.
- “You,” “your”: Refers to the user or viewer of our Site.
- “Site”: Refers to nesthab.com.
- “Products”: Refers to the sheds (Metal Sheds, Wooden Sheds, Resin Sheds, etc.) and any other goods offered for sale on the Site.
- “Order”: A request by you to purchase Products from us.
2. Use of the Site
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You agree not to use the Site for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
3. Product Information and Availability
- Accuracy: We strive to ensure that information about our Products, including descriptions, images, and pricing, is accurate and up-to-date. However, we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. If a Product offered by nesthab is not as described, your sole remedy is to return it in unused condition as per our Return Policy.
- Pricing: All prices displayed on the Site are in US Dollars ($USD) and are subject to change without notice. We reserve the right to correct any errors in pricing.
- Availability: Product availability is subject to change without notice. We reserve the right to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
- Color & Dimensions: We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. All dimensions provided are approximate.
4. Orders and Payment
- Order Acceptance: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
- Payment: We accept various secure payment methods as outlined on our Accepted Payment Methods Page. By placing an order, you confirm that you are authorized to use the chosen payment method and authorize us to charge the full amount of the order, including any applicable taxes and shipping fees.
- Cancellation: We reserve the right to cancel any order if there are issues with payment, product availability, or suspicion of fraudulent activity.
5. Shipping and Delivery
Our shipping and delivery procedures are detailed in our Shipping Policy. By placing an order with nesthab, you agree to the terms outlined in that policy, including estimated delivery times, shipping costs, and delivery procedures (e.g., curbside delivery).
6. Returns policy
Our policies regarding returns and refunds are detailed in our Return Policy and. By purchasing Products from nesthab, you agree to the terms outlined in those policies.
7. Intellectual Property Rights
All content on the Site, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of nesthab or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of nesthab and protected by U.S. and international copyright laws.
The nesthab name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of nesthab or its affiliates or licensors. You must not use such marks without the prior written permission of nesthab.
8. User Accounts
If you create an account on our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. nesthab reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
9. Prohibited Activities
You are prohibited from using the Site or its content:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- For any obscene or immoral purpose; or
- To interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.
10. Disclaimer of Warranties; Limitation of Liability
The Site and all Products and services delivered to you through the Site are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall nesthab, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any Products procured using the Site, or for any other claim related in any way to your use of the Site or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or Product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
11. Indemnification
You agree to indemnify, defend and hold harmless nesthab and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
12. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
13. Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
14. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
15. Governing Law and Jurisdiction
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Michigan, USA, without regard to its conflict of law principles.
Any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be exclusively brought in the federal or state courts located in Michigan, USA. You consent to the personal jurisdiction of and venue in such courts.
16. Changes to Terms & Conditions
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms constitutes acceptance of those changes.
17. Contact Us
Questions about the Terms should be sent to us at:
Address: 8337 Whitefield St, Dearborn Heights, MI 48127, USA
Phone: +1 (509) 327-5342
Email: support@nesthab.com
