NEST BEDDING TERMS OF SERVICE ("AGREEMENT")
Effective Date of Current Policy: October 22, 2021
Please read these Terms of Service ("Agreement," "Terms of Service") carefully before using www.nestbedding.com ("the Site") operated by Nest Bedding ("us," "we," or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.nestbedding.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.

INTELLECTUAL PROPERTY
The Site and its original content, features, and functionality are owned by Nest Bedding and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

TERMINATION
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

CANCELLATIONS
Cancellations. To cancel your Nest Bedding order, we ask that you message our team directly, within 24 hours of placing your order. After 24 hours your order may be in transit and will incur additional return charges. To initiate a cancellation, please message us at customerservice@nestbedding.com or by calling your store of purchase.
Early cancellations of shipped/in-transit goods will incur a $100 return to sender fee for mattresses; and up to a $15 return to sender fee for smaller goods. The fee to return will be deducted from the refund of the value of an order once received.

REFUNDS
Refunds. Once your returned product has been sent back and verified it is undamaged and in the condition that it was received by the customer, Nest Bedding will approve your refund. The refund will be processed to your original purchase payment method, if possible. Please allow 5 to 10 business days for the funds to process fully back to your account.

RETURNS
Returns. You may initiate your return request by contacting Nest Bedding through customerservice@nestbedding.com or the Nest Bedding store of purchase. Once approved for return, you have 30 days to complete the process. After 30 days, return privileges are forfeit. If you purchased your Nest Bedding product with a promotional code, the dollar value of that promotional code would not be refunded or credited back if any or all merchandise is returned. In the event that your promotional pricing is based on the total dollar value of your cart and items are returned, lowering the total dollar value of your cart, an adjusted amount shall be returned to your account.

Mattress Returns. (Purchased after 10/21/2021) Nest Bedding mattresses are eligible for returns for comfort reasons only after the required 30 night adjustment period and within 365 nights of the delivery date of that particular mattress. Refunds will be issued to the original purchase payment method if the original payment method authorization permits. If unable to refund an approved returned sale to the original payment methods, an alternative refund method will be offered. The 365 night trial period is available once per mattress, per calendar year from the date of delivery, and cannot be extended or paused. Mattress returns within the initial 30 night of trial, which are unpackaged and used will incur the full cost of disposal. To return your Nest Bedding mattress, please email Nest Bedding Customer Service, customerservice@nestbedding.com, or contact the Nest Bedding store of purchase. We will request pictures of your mattress, both sides of the legal tag, as well as additional information about the base that supports your mattress. Foundations that do not meet the minimum requirements for support will be denied a return until the mattress is used in junction with an approved foundation. The use of flexible foundations, bowed slat foundations, and traditional box springs will void all return, exchange, and warranty privileges. All slatted foundations must have a maximum of a four-inch gap between each non-flexible slat and must be present to properly support a mattress and achieve the intended comfort level. Once approved for return, Nest Bedding will provide you with a donation, disposal, or pick-up option. Return options vary based on purchasers’ service area. Mattresses must be in donatable condition to be eligible for return (e.g., no stains, tears, or soiling odors). Once your return is complete, please upload your donation/disposal receipt to Nest Bedding for verification. Please allow 5 to 10 business days for the funds to process fully back to your account, if the refund is issued to the original payment method. Alternative refund option timeframes may vary depending on the method of payment.
*Mattresses excluded from 365 Night Sleep Trial: The Puffin mattress (formerly known as the BKB), the Lark mattress, and the Stork mattress (formerly known as the Organic Crib Mattress). These mattresses must be returned within 30 days of receiving the product.

Mattress Returns. (Purchased before 10/21/2021) Nest Bedding mattresses are eligible for returns for comfort reasons only after the required 30 day adjustment period and within 100 nights of the delivery date of that particular mattress. Refunds will be issued to the original purchase payment method if the original payment method authorization permits. If unable to refund an approved returned sale to the original payment methods, an alternative refund method will be offered. The 100 night sleep trial period is available once per mattress, per calendar year from the date of delivery, and cannot be extended or paused. Mattress returns within the initial 30 nights of trial, which are unpackaged and used will incur the full cost of disposal. To return your Nest Bedding mattress, please email Nest Bedding Customer Service, customerservice@nestbedding.com or contact the Nest Bedding store of purchase. We will request pictures of your mattress, both sides of the legal tag, as well as additional information about the base that supports your mattress. Foundations that do not meet the minimum requirements for support will be denied a return. The use of flexible foundations, bowed slat foundations, and traditional box springs will void all return, exchange, and warranty privileges. All slatted foundations must have a maximum of a four-inch gap between each non-flexible slat and must be present to properly support a mattress and achieve the intended comfort level. Once approved for return, we will provide you with a donation, disposal, or pick-up option. Return options vary based on purchasers’ service area. Mattresses must be in donatable condition to be eligible for return (e.g., no stains, tears, or soiling odors). Once your return is complete, please upload your donation/disposal receipt to Nest Bedding for verification. We’ll process a refund to your original purchase payment method. Please allow 5 to 10 business days for the funds to process fully back to your account if the refund is issued to the original payment method. Alternative refund option timeframes may vary depending on the method of payment.
*Mattresses excluded from 100 Night Sleep Trial. The BKB mattress and Certified Organic Crib mattress. These mattresses must be returned within 30 days of receiving the product.

Pillow Returns. All Nest Bedding Pillows carry a 30 Night return period. Have you tried removing some of the fill in your pillow? Or you could message us and ask for more fill to be sent to you. You may return your Nest Bedding pillow within 30 days of the delivery date of the product. Pillows must be returned in original Nest Bedding packaging. Once approved for return, we will provide a free shipping return label.

Kids & Baby Mattress Returns. The Puffin, Lark, and Stork mattresses are not eligible for our 365 Night Comfort Trial. To be eligible for a return, crib mattresses must be returned within 30 days of receiving the item.

Bedding Returns (Bedding refers to all Protectors, Sheet Sets, Duvet Covers, Comforters, and Blankets). You may return your bedding purchase within 30 days of the date you received the product. Bedding must be returned in the original Nest Bedding packaging. Once approved for a return, we'll supply you with return instructions.

Dog Beds. You may return your Nest Bedding Dog Bed within 30 days of the delivery date of that product. Dog Beds must be returned unused/unlaundered and in the original Nest Bedding packaging. Once approved for return, we will provide a free shipping return label.

Furniture Returns. All furniture/foundations/adjustable bases are not eligible for return once received.

*Once we've confirmed the cancellation of your order and verified that all goods have been returned to us, we'll process a refund to your purchase method. Please allow 5 to 10 business days for the funds to process fully back to your account.

EXCHANGES
Mattress Comfort Exchange. Purchased Nest Bedding mattresses are eligible for Comfort Exchange after the required 30 day adjustment period and within 365 nights of the delivery date of that particular mattress. A Comfort Exchange is available once per mattress. The 365 Night Comfort Trial on mattresses does not extend or shorten once an exchange is received. If your mattress has a zipper the exchange layer is free but may have non-refundable shipping costs associated with it. To start an exchange, contact us and we’ll request some additional information from you. You have 30 days to process your exchange, once a request has been submitted. After 30 days, we require a new request. Exchange requests will not be approved if the mattress is damaged or destroyed. You may purchase the exchange mattress or firmness layer (on applicable mattresses with zipper tops). Exchange purchases can be initiated by contacting Nest Bedding Customer Service at customerservice@nestbedding.com, by visiting our website at www.nestbedding.com, or through a Nest Bedding showroom near you. Once you receive the exchange mattress or firmness layer, you may initiate the return of your initial mattress or firmness layer for a full refund of the original item’s purchase price.
*Products excluded from Mattress Comfort Exchange. The Puffin mattress (previously known as the BKB), the Lark mattress, and the Stork (previously known as the Certified Organic Crib mattress.
*Promotional giveaways are not eligible for the Nest Bedding comfort exchange program.

Lifetime Renewal Exchange. Effective 11/3/2021. The Lifetime Renewal Exchange (LRE) program is offered by Nest Bedding on the Sparrow Signature Hybrid, Owl Natural Latex Hybrid, and Finch All Latex mattresses. LRE is the exchange of the Firm, Medium, or Soft “Plush” comfort layer within the zippered top of a mattress, to the same, or different firmness/composition. LRE is redeemable once per qualifying mattress purchase. Cannot be transferred to another mattress or person. Utilize this exchange option as a comfort exchange within the 365 night trial, or within the entire lifespan of the mattress.

Pillows and Bedding. Nest Bedding Pillows and Bedding may be exchanged within 30 days of delivery of your purchase. Return and exchange privileges are forfeited 30 days after the delivery date. Exchange purchases can be initiated by contacting Nest Bedding Customer Service at customerservice@nestbedding.com, by visiting our website at www.nestbedding.com, or through a Nest Bedding showroom near you. Once you purchase your exchange item, you may request a return label for your original purchase. Once your original purchase is received and inspected, a refund will be issued to your original purchase payment method.

Furniture. All furniture/foundations/adjustable bases are not eligible for exchange.

WARRANTY
Nest Bedding ("Nest Bedding”, “we”, “us”) provides the buyers of our product (“you”) with a limited warranty (“Limited Warranty”) against certain product defects for as long as you own the mattress from the date of your purchase for the lifetime of the mattress. In the event of a defect, we will repair the defect or replace it with a current comparable model and size of a Nest Bedding mattress. Warranty replacement of a mattress does not extend or restart the mattress trial period. 

NEST BEDDING WARRANTY ELIGIBILITY
This limited warranty applies to the original purchasers of the Nest Bedding mattress from Nest Bedding stores, online or authorized retailer. This Limited Warranty is not transferable to any subsequent owners of such mattress.

WARRANTY COVERAGE
The Nest Bedding Mattress Warranty covers all defects as defined below for as long as you own your Nest Bedding mattress.

COVERED DEFECTS
The following shall be considered as a defective (collectively “Defects”) mattress should your mattress meet the below criteria as determined solely by us:

Visible indention or sag of the foam mattress greater than one (1) inch that is not a result of improper use, an improper bed, bed base or foundation, including damaged caused by the use of flexing or bowed slats.
Substitution or use of improper foundations such as old box springs (5+ years or more) without solid support, slatted wood or metal foundations with slats more than 4″ apart, will void your mattress warranty, and all other warranties expressed or implied
A manufacturing flaw in the cover zipper - this does not include zipper breakage resulting from improper or overuse of zipper.
A physical flaw in the construction of the cover, such as fabric tearing or stitch unraveling, that does not result from improper use.

WHAT VOIDS THE WARRANTY
Improper use of your product is subject to void your warranty. The intended use of your Nest bedding mattress and bedding is for sleeping, resting and laying on, and any other use of our products other than the intended use shall be considered misuse and will void your Limited Warranty. Stains, rips, not expanding the mattress within 30-days of receiving, and any other outside damage to the product caused by the customer will also void the warranty of the product. 

Returns initiated on unboxed mattresses after the mattress has been kept in the box for more than 30 days from delivery void return privileges.
Problems and issues that result from normal wear and tear or improper use are not subject to this Limited Warranty. The intended use of your Nest Bedding mattress is for sleeping, resting, and laying on, any other use of this mattress shall be considered misuse of the mattress and will void your Limited Warranty. Warranty is non-prorated.

Exclusions from the Limited Warranty include but are not limited to

Normal wear and tear.

• Any improper use of the mattress.
• Minor imperfections such as slight cosmetic flaws.
• Stains, tears, burns, and discoloration that occur over time and/or are caused by you.
• The growth of mold due improper storage or use.
• Indents, sagging, or body indentations less than one (1) inch deep.
• Personal opinions or preferences regarding the softness, firmness or attributes of a mattress.
• Deformations in the mattress due to improper storage/moving of the mattress.
• Any mattresses purchased or acquired used, resold, gifted or anyway not in possession of the original owner.
• Any mattress purchased from a non-authorized Nest Bedding distributor.
• Physical damage to the foam mattress caused by you.
• Allergies or sensitivities to fabrics or materials.
• Damage caused by animals, rodents or children.
• Naturally occurring aromas from foam, cotton, or other materials.

MAKING A WARRANTY CLAIM
To submit a claim relating to a defect in your Nest Bedding mattress, please contact us at customerservice@nestbedding.com and email us the following:

The order number and/or the first and last name of who placed the order.
A brief description of what is going on with the mattress.
A photo or short video documenting the issue you are experiencing.
Upon receipt of your claim, you will receive a response from us within 7 business days.

YOUR WARRANTY REMEDY
In the event that we in our sole discretion determine that your Defect is legitimate as per this Limited Warranty, your sole remedy will be a repair or replacement of your mattress with a comparable size and model mattress. In the event that your size and/or model is discontinued, we will provide the most comparable Nest Bedding mattress product available as a replacement at our sole discretion.

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 FOR THE MATTRESS.
Pillows - 2 year
Sheets & Duvets - 1 year
Blankets & Comforters - 1 year
Pet Beds - 2 year
Nest Bedding Branded Foundations - 5 year
Nest Bedding Toppers - 2 year

AFFILIATE COMMISSION
Disclosure: We are a website that may receive a commission when you choose to dispose of your mattress, foundation or furniture through an affiliate link present on our website, order confirmation page or order confirmation email.

LINKS TO OTHER SITES
Our Site may contain links to third-party sites that are not owned or controlled by Nest Bedding.
Nest Bedding has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

LIMITED LICENSE
Nest Bedding grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.

Warranty Disclaimer
Your use of our Website is at your own risk. The Website contains information, facts, and opinions from various individuals and organizations. The Website is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Neither nestbedding.com nor its affiliates, agents, and representatives endorse or are responsible for the accuracy or reliability of any opinion, advice, or statement on the service or the sites.

LIMITATION OF LIABILITY Limitation of Liability
Neither we nor any of our subsidiaries, divisions, affiliates, agents, representatives, or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive, or similar damages arising out of your access or use of, or your inability to access or use, the Website or any materials, opinions, or recommendations of third parties on the Websites. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law. You hereby waive any and all claims against us and our subsidiaries, divisions, affiliates, agents, representatives, and licensors arising out of your use of the Web Sites or any materials, opinions or recommendations of third parties on the web sites.

GOVERNING LAW AND CHOICE OF FORUM
These Terms and Conditions and any disputes arising out of or related to the Website or use of the Website, shall be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict-of-laws rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of the Web Sites shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Questions or comments regarding the Web Sites and the information contained in the Web Sites should be directed to customerservice@nestbedding.com. Any communication or material transmitted to us via the Web Sites or e-mail is transmitted on a non confidential basis.

COPYRIGHTS AND TRADEMARKS
The content included on the Web Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Nest Bedding, Inc. or its licensors or suppliers and are protected by copyright, trademark, and other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a language school or other school, an agent of a language school or other school, a travel agent or travel professional) without our written permission. To request such permission, send email to customerservice@nestbedding.com, including your name, address, and a description of the purpose of your intended distribution and the information you would like to distribute.

CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

CONTACT US
If you have any questions about this Agreement, please contact us.