Terms of Service
Welcome to your online home! Thank you for accessing and using our online service and web site (collectively the “Service”). The following terms and conditions (the “Agreement”) constitute an agreement between Nest Manila Inc. (“Nest Manila”, “we”, “us” or “our”) and you (“you”, “your” or “User”).
By using our Service, you acknowledge that you have read, understood and agree to be bound by the Agreement. Please read them carefully. If you do not agree with the Terms of Service, please do not access or use the Service.
- Modified Terms
- Shipping and Delivery
- Intellectual Property Rights
- Service Rules
- Disclaimer of Warranty
- Limitation of Liability
- Dispute Settlement
- Electronic Communication
- Entire Agreement and Severibility
- The Service provides a platform in the World Wide Web of the Internet where third party merchants or retailers (“Merchants”) can offer products (“Products”) to and transact with the Users of the Service, wherein Nest Manila facilitates payments in behalf of the Merchants and provides all relevant services required to fulfill the order requests of Users.
- We may modify the terms and conditions periodically as we deem necessary. Please check back from time to time to review the changes.
- Your continued use of the Service following such modifications means that your acceptance of the changes in the Agreement. If you do not agree with the modified Agreement, you may not access or use the Service.
- The access and use of the Service by any minor under the age of 18 is prohibited. The Service is not available to Users suspended or removed from the system by Nest Manila.
- To gain access and use some portions and features of the Service, you will need to register as a member. Registering as a member requires you to expressly signify your acceptance of the Agreement.
- You are required to provide information about yourself that is true, accurate, current and complete. If you furnish information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) or if Nest Manila suspects that such information is untrue, inaccurate, not current or incomplete), Nest Manila reserves the right to suspend or terminate your membership.
- You are responsible in maintaining the confidentiality of your account and password, and for restricting access to your account. You are solely responsible for all activities that occur under your account. You agree to notify Nest Manila immediately of any unauthorized use of your account or breach of security.
- You shall not use your Nest Manila membership for any purpose competitive to Nest Manila.
- Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and Nest Manila will be perfected when we dispatch the goods to you at which time you will receive a second email containing your tracking number, and confirming that your order has been dispatched.
- Nest Manila reserves the right not to accept your order in the event that we are unable to obtain authorization for payment, shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards.
- Further, we may refuse to process an order at any time for any reason at our sole discretion.
- We operate on a first-come, first-served basis policy. Therefore, items in stock may currently appear on your Cart but can be purchased by another customer who was first able to complete the check-out and payment procedures. However, any stock from cancelled orders goes back to the Site the next day and may be purchased by you or any other customer subject to the completion of our check-out and payment procedures.
- Once your order has been placed, you will receive an Order Acknowledgement email. Your receipt of an Order Acknowledgement email does not mean Nest Manila’s acceptance of your order. We are simply acknowledging that we have received your order.
- Nest Manila may, in its sole discretion, choose to accept or decline your order for any reason. This may happen, for example, when the item you wish to purchase is out of stock or has been damaged; we suspect the request is fraudulent or in any other circumstance Nest Manila deems appropriate. For orders that were not processed or canceled, Nest Manila will either not charge you, or refund you the total billed amount. The preceding actions shall be applied to the rightful person(s) in cases of fraud.
- Nest Manila takes extra measures to provide you with accurate information on products we offer on the web site. Nest Manila does not guarantee, however, that the information is error-free, current, complete or reliable.
- Inventory levels fluctuate from day-to-day. In rare cases, you may have been able to place an order online for a product portrayed as having stock, but once we attempt to process find out that the product is sold out. In cases like these, we will notify you via email.
- We try to display the colors of products as accurately as possible on the web site. We cannot guarantee, however, that your computer monitor’s display of colors will be true to life.
- All prices posted on the web site are inclusive of government-imposed taxes. Nest Manila tries to advertise the most accurate and up-to-date pricing information on the products offered on the web site. We cannot, however, warrant against pricing error. If you have placed an order for a product whose price was posted incorrectly, we will either not process or cancel your order. Should this happen, we will notify you via email.
Shipping and Delivery
- Nest Manila aims to deliver your orders within 3-5 business days for all Metro Manila locations and 7-10 business days Nationwide after every successful payment.
- Our delivery schedule runs from Mondays to Fridays. Please remember that we do not deliver Saturdays, Sundays and Holidays.
- Nest Manila delivers Nationwide. Any order request with a shipping address located outside of the Philippines will not be fulfilled.
- Nest Manila ships to office addresses too. We will aim to deliver orders for shipping to office addresses from Monday to Friday between 9am and 5pm.
- Once your order has been packed and prepared, you will receive a Shipment Notification email to let you know that your package is about to leave our warehouse, indicating the estimated arrival date of your package. For Cash-on-Delivery (COD), you will receive an email with instructions containing pertinent details (e.g. AM/PM schedule, exact amount to be paid, delivery address).
- If you are not available to personally receive your package, you may designate an authorized representative in the Checkout page.
- When order is received, the recipient is required to sign the Delivery Receipt acknowledging that the items were received in good condition.
- We reserve the right to request the recipient to furnish a government-issued ID to validate their identity before releasing the order.
- If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Nest Manila.
- Any guarantees made as to delivery times are subject to delays resulting from unforeseen events or force majeure.
- Nest Manila holds promotions, rewards programs and other incentivizing mechanisms, as we see fit. These promotions are not held on a regular or permanent basis, and are not always made available for all Users to participate in.
- Nest Manila reserves the right to modify or terminate our promotions at any time.
Intellectual Property Rights
- The Nest Manila NAMES AND LOGOS and all related names, design marks and slogans are the trademarks or service marks of us or our licensors. We are the owner of all the materials: illustrations, photographs, video or audio sequences or any graphics published on our Site. Those works are protected by copyright laws. All such rights are reserved and may not be used without our expressed approval in writing. You must not use any part of the materials on the Website for commercial purposes without obtaining a license to do so from us or from our licensors. You agree not to reproduce, distribute, sell, license, rent, modify, transmit, publish, adapt, edit or create derivative works from Nest Manila. Content and all materials accessible on the Service. Violation of this policy may result in civil and/or criminal penalties
- You agree not to use any “deep-link,” “page-scrape,” “robots,” “spiders,” “offline readers,” or any other automated system, program, algorithm or methodology, or any similar or equivalent manual process, to access the Service in a manner that sends more request messages to Nest Manila servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
- You agree not to probe, scan or test the vulnerability of the web site or any network connected to the site, nor breach the security or authentication measures on the web site or any network connected to the web site.
- You agree not to attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the Nest Manila servers.
- You agree not to engage in decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.
- You agree not to take action that imposes an unreasonable or disproportionately large load on our infrastructure.
Disclaimer of Warranty
- The Service, Nest Manila Content, and any product you purchase through the Service are delivered on an “as-is,” “as available,” and “with all faults” basis.
- To the fullest extent permitted by applicable law, we disclaim any and all warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.
- Nest Manila does not warrant the Service will be uninterrupted, secure or error-free, that any defects will be corrected, or that the Service or the servers that make the site available will always be free of viruses or other harmful components.
Limitation of Liability
- You agree that in no event shall Nest Manila, its affiliates, officers, directors, employees, agents, suppliers be liable to you for any direct, indirect, special, consequential, economic, exemplary, incidental, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or directly or indirectly related to:
– The Agreement – The Service, including the Nest Manila web site and any other web site or resource you access through a link from the Nest Manila web site – The products made available or purchased through the Service, including any damages or injury arising from any use of such products – The use of or inability to use the Service or any other information access through the Service – or performance of any third party products or services – The legality, accuracy, reliability, quality or authenticity of Nest Manila Content, advertisements, services or products provided by any party through the Site
- Under no circumstances shall Nest Manila be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your accounts.
- Nest Manila’s liability to you for direct damages for any claim related to any of the foregoing shall in no event exceed the amount which you have paid to Nest Manila in conjunction with the product under which such claim first arose.
- You agree to defend, indemnify and hold harmless Nest Manila, its affiliates, officers, directors, employees, agents, suppliers, from and against any and all fines, penalties, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ and experts’ fees) arising out of (1) your use and access of the Service (2) any product you purchase from the Service (3) your violation of any term in this Agreement (4) your violation of any third-party right, including without limitation any right of privacy or intellectual property right (5) fraud you commit, or your intentional misconduct or gross negligence.
- Any dispute arising from or relating to the Agreement, including any question regarding its existence, validity of termination, shall finally be settled by arbitration in Makati City, Philippines. Any arbitration award shall be final and binding upon the parties, shall be the exclusive remedy between the parties and may be enforced by judgment of a competent court having jurisdiction.
- When you use or access the Service or send emails to Nest Manila, you are communicating with Nest Manila electronically. You consent to receive electronically any communications related to your use of the Service. Nest Manila will communicate with you by email or by providing notifications on the web site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Nest Manila intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on Nest Manila.
Entire Agreement and Severibility
- This Agreement shall constitute the entire agreement between you and Nest Manila concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.