MyChicNest Terms & Conditions

TERMS AND CONDITIONS

This site is operated by My Chic Nest LLC. Please direct all inquires to:

240 Berkley Street

High Point, NC 27260

336.889.2114

The use of this site is governed by these terms and conditions, and we encourage you to take some time to review them before using this website. By using www.mychicnest.com, you agree to abide by these rules, terms and conditions. If you do not agree with these terms and conditions, please do not use www.mychicnest.com. My Chic Nest reserves the right to update and modify these terms and conditions at any time, with or without notice. As such, you should review these terms and conditions whenever you visit www.mychicnest.com.

www.mychicnest.com is to be used solely by individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving My Chic Nest's goods and/or to otherwise transact business with or contact My Chic Nest, on their own behalf. The information or preferences of individual customers may no be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer.

Copyright Notice All of the content on www.mychicnest.com, including but not limited to the brand name, product names and descriptions, backgrounds, page headings, images, illustrations, graphics, code, audio clips, video clips and text are the exclusive property of My Chic Nest and/or are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by My Chic Nest, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to My Chic Nest.

All of the content on www.mychicnest.com is copyrightable as a collective work under U.S. and other applicable copyright laws. My Chic Nest owns a copyright in the selection, coordination, arrangement and enhancement of content on www.mychicnest.com. All of the content on www.mychicnest.com is intended solely for the personal and non-commercial use of our users. You may not download, reproduce, modify, publish, distribute, transmit, transfer, print or store any portion of the content on www.mychicnest.com unless (1) copies of the content are used only for personal and non-commercial purposes, (2) no content is copied or posted on any network system or broadcast in any media and/or other form or format, (3) no content is modified or altered in any way, (4) no copyright or trademark notice is deleted or changed, and (5) all intellectual property rights are properly credited to My Chic Nest.

No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. My Chic Nest reserves complete title and full intellectual property rights in any content you download or otherwise take from this site. Except under the conditions described above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content on this site without first obtaining the express written permission of My Chic Nest. All Rights Reserved.

Trademarks All trademarks, service marks and trade names of www.mychicnest.com used in the site are trademarks or registered trademarks of www.mychicnest.com

Free Shipping Free Shipping refers to only the 48 contiguous states. For all other states and countries, the extra fees will be assessed upon delivery. Any additional taxes, brokerage fees and shipping costs associated with shipping to another country, outside of the USA, will be charged to the customer. Delivery charges to both USA and foreign countries displayed upon checkout are merely approximations. All users acknowledge the 4-6 week estimated delivery time is merely an estimate. For custom orders, (when changes are made to the size, color, or shape of an item) often orders take longer than the estimated 4-6 week delivery. My Chic Nest will make a good faith effort to expedite merchandise, however delays from outside manufacturers, carriers and shippers may occur.

Damages All products are fully inspected and in perfect condition before being shipped out. When the merchandise is received, we ask that you inspect the inside and outside of the cartons for any shipping damage. In the event there is noticeable damage (even if it is only slight) to the cartons, contents, or packaging, or you receive the incorrect product, please note it on the freight bill as "DAMAGED IN TRANSIT" and report the damage to us within 24 hours. This is VERY important. If you do not write this on the freight bill and contact us, we cannot guarantee that your delivery will be repaired, replaced, or otherwise remedied. If you return a damaged item without receiving authorization from us, the return will not be accepted and you will be responsible for the cost to reship the item per our standard return policy. Failure to write "DAMAGED IN TRANSIT" will release My Chic Nest from all damage liabilities. My Chic Nest is only responsible for the damaged or missing item and not the other non-damaged, or non-missing pieces. My Chic Nest retains the right to re-order and re-deliver the missing or damaged item.

If your order is damaged you must email us a clear picture showing the damage within 24 hours of receiving your order. Please also retain the original packaging unless otherwise directed by our customer service department. Once FedEx or our other carriers picks up the item and bring it back to our distribution facility, you may either re-order the unusable, damaged, defective or incorrect product, at no charge, or receive a refund less a 20% restocking fee.

Large items that are delivered by a heavy freight company should be accepted regardless of damage. Please note the damage on the freight receipt, and report it to us within 24 hours. Failure to note damage to the product or packaging prior to the delivery company leaving the premises will release My Chic Nest from all damage liabilities. Smaller items that ship via FedEx ground will be left at your door without a signature required. If you do require a signature, contact FedEx once you have received your tracking number.

In cases when the listed shipping destination is an outside carrier that we did not subcontract (3rd party broker, ferries, etc), we are only responsible for items until they arrive at the provided shipping address. We are not responsible for any damage that may occur from the mid-point shipping address to the final destination.

Currency My Chic Nest is not responsible for an increase or decrease in the customer's foreign currency against the US Dollar. If there is a refund issued, it will be in the same amount of US Dollars as when the order was placed.

Phone Orders If you place an order over the phone you are responsible to review the order and ensure accuracy within 24 hours of processing. We will not be responsible for phone orders received incorrectly.

Cancellation Policy If you choose to cancel your order within 24 hours after it has been placed, you are eligible for a 80% refund in the form of store credit. All cancellations must be communicated to us via email and sent to [email protected] and must be done within 24 hours of purchase, including weekend purchases. All Store Credits expire 1 year after issue - regardless of the reason it was issued.

Return Policy If you are simply unhappy with the product customers may return their item within 14 days of delivery. You would be responsible for a 20% re-stocking fee and round trip shipping fees. Be sure to measure your space carefully when ordering furniture. Furniture refused because it does not fit through an entryway is subject to a 20% restocking fee and round trip shipping fees. All returns must be returned in their original packaging. Custom orders cannot be returned.

My Chic Nest retains the right to distribute refunds via Check. Settlement and refund checks are issued with the understanding that no other party has asserted, or will assert a claim or cause of action related to your settled shipment. Resolution of a case is finalized once the customer accepts and deposits our refund checks. Settlement and refund checks are an attempt to compromise on a disputed claim, and is not an admission of liability. Acceptance of our settlement or refund checks releases any and all salvage rights of the shipment in question and precludes the customer from issuing further claims against My Chic Nest, it's parent, subsidiaries and affiliates.

Re-Delivery/Re-Routed/Refused Shipments Our freight carrier will contact you to arrange an appointment to deliver your order. If you are not home at this agreed upon delivery time or if you tell the carrier to come back at a later time (for any reason), you may be charged a $55 - $120 fee for re-delivery. The decision to schedule and attempt a re-delivery will be made solely at the carriers discretion.

If you choose to re-route your shipment to be delivered to a different address, you will be responsible and charged for any and all re-routing fees charged by the carrier.

If you refuse a shipment not due to damage or defect, you will be responsible for round trip shipping costs as well as a 20% re-stocking fee to send it back to our nearest facility. Further, you will be responsible for any applicable fees incurred by the freight company in warehousing and re-routing your order.

Custom Items Under no circumstances can customized orders be canceled 24 hours after they have been placed. Please call us before you place your order if you'd like more details on a specific product's return policy. Customized items include: changing the color (differing from the stock picture online) or the layout of an item. Customized products cannot be returned or exchanged, no exceptions.

Items that Do Not Fit In the event the furniture does not fit into the room or into your house, the delivery company will not return the merchandise without an authorization from www.mychicnest.com. In this case, the customer is responsible for the freight cost both ways and a 20% restocking fee, no exceptions.

Warranty & Cancellation Disclaimer By agreeing to these terms and conditions, you recognize that our estimated arrival times are purely estimates and we do not, in anyway, guarantee any delivery date. Returns from non-customized items, not due to defect or damage merits the customer to pay round trip shipping charges as well as a 20% re-stocking fee. Orders that are canceled 24 hours after being placed will merit an 80% refund via store credit.

Our 1 year manufacturer guarantee does not apply to product defects resulting from weather conditions (applicable for outdoor furniture). Customized orders (any change to the color, direction or configuration) can absolutely not be canceled for any reason 24 hours after being placed. If the customer is making a claim of defect, we will need to see clear documentation (ie- photo) showing the defect. The 1 year guarantee begins at the time the order is placed.

If there is in fact a manufacturer defect, the defective item will be re-ordered from the manufacturer. We cannot guarantee the exact dimensions of our products. Due to the manufacturing process, it is possible that there can be slight differences in the quoted vs. actual dimensions. If a quality or color related issue is being filed within 30 days of receipt of merchandise, you agree to bear the freight costs of transit back to our nearest warehouse facility. If our inspectors confirm there is a quality related defect, or substantial color difference, we will re-place the defective or incorrect item at no charge.

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.mychicnest.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.mychicnest.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.mychicnest.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If a customer chargeback takes place which violates these terms and conditions, www.mychicnest.com has the right to pursue legal recourse for losses, damages and legal fees and the customer loses all warranty rights.

Colors/Shades/Inspections When changing the color of your sofa or sectional, the color that you choose, unless otherwise stated, will be applied to the complete sofa or sectional (this includes all pillows). We do not guarantee color, tone, shades, or finishes on any item because screen settings may vary from computer to computer. For the best depiction of item color, set your screen so that other items in the picture seem to be in their natural color. If you are trying to match items with other items you already have, you must do so at your own risk. Please read our return policies before making a purchase. Additionally, when purchasing items made with leather please be advised that color shades can vary from dye lot to dye lot.

If you believe there is a color discrepancy, you MUST notate it at the time of delivery with the carrier. Failure to do so will release www.mychicnest.com of all liability.

A manufacturer defect or color related issue can be filed within 14 days of receipt of merchandise, you agree to bear the freight costs of transit back to our nearest warehouse facility. If our inspectors confirm there is a quality related, or color related defect, we will replace the affected item at no charge.

Limitation of Liability www.mychicnest.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.mychicnest.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no case shall www.mychicnest.com be held liable in case of later delivery than quoted.

Typographical Errors In the event that a www.mychicnest.com product is mistakenly listed at an incorrect price, or with an incorrect descriptor, www.mychicnest.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price or description. www.mychicnest.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.mychicnest.com shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated or changed by www.mychicnest.com without notice. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice www.mychicnest.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.mychicnest.com.

Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.mychicnest.com products) shall be in the state or federal courts located in Hennepin County, Minnesota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.mychicnest.com products) must be commenced within one (1) year after the claim or cause of action arises. www.mychicnest.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.mychicnest.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.mychicnest.com or other licensed employee, host, or representative, as well as other visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer www.mychicnest.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.mychicnest.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.mychicnest.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.mychicnest.com in its sole discretion.

Comments and Submissions All comments, feedback, notes, messages, ideas, suggestions and other communications sent to www.mychicnest.com shall be and remain the exclusive property of My Chic Nest. Your submission of any such comments shall constitute an assignment to My Chic Nest of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in those comments. My Chic Nest shall be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. As such, please do not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

My Chic Nest reserves the right, but is not obligated, to restrict or remove any and all content that we determine, in our sole discretion, to violate these guidelines or applicable law or to be otherwise harmful to us, to other My Chic Nest customers, or to any other person or entity.

Indemnification You agree to defend, indemnify and hold harmless My Chic Nest, its officers, directors, employees, agents, licensors and suppliers from and against any and all losses, claims, damages, costs and expenses, including litigation costs and attorneys' fees, arising from or related to your use of this site.