Terms & Conditions
Agreement to Terms
By accessing or using nestorganic.com (the "Site"), placing an order, or creating an account, you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not use the Site.
These Terms apply to all visitors, customers, and others who access or use the Site, including users who purchase products directly from Nest Organic, Inc. ("Nest," "we," "us," or "our").
We reserve the right to update these Terms at any time. The date of the most recent revision appears at the top of this page. Continued use of the Site after any changes constitutes your acceptance of the revised Terms.
The Company
Nest Organic, Inc. is a California corporation with its principal place of business Calabasas, CA 91372. The Site is operated by Nest Organic, Inc.
Products sold on the Site are also available at third-party retailers including Target. These Terms apply solely to purchases made through nestorganic.com. Purchases made at Target or other third-party retailers are subject to those retailers' own terms and policies.
Use of the Website
You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use of the Site.
You may not:
— Use the Site in any way that violates applicable federal, state, local, or international law or regulation.
— Use the Site to transmit unsolicited commercial communications ("spam").
— Attempt to gain unauthorized access to any part of the Site, its server, or any database connected to the Site.
— Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without our express written permission.
— Use any automated means — including bots, scrapers, or data mining tools — to access the Site without our prior written consent.
We reserve the right to terminate or restrict access to the Site for any user who violates these Terms, at our sole discretion and without notice.
Products & Orders
All product descriptions, including ingredient lists, product images, and specifications, are provided in good faith and are accurate to the best of our knowledge at the time of publication. We reserve the right to modify product formulations, descriptions, or packaging at any time without prior notice.
Product availability is not guaranteed. We reserve the right to limit quantities of any product, refuse or cancel any order, and discontinue any product at any time.
An order confirmation email does not constitute acceptance of your order. We reserve the right to cancel any order after confirmation if the product is unavailable, if we identify an error in pricing or product description, or if we suspect fraudulent activity. In the event of cancellation, we will notify you promptly and issue a full refund.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Subscriptions
Nest Organic offers a Subscribe & Save program that provides a 15% discount on recurring orders. By enrolling in a subscription, you authorize Nest Organic to charge your payment method on a recurring basis at the frequency you select.
CANCELLATION
You may cancel, pause, or modify your subscription at any time by logging into your account at nestorganic.com or by contacting us at hello@shopnestorganic.com. To avoid being charged for the next billing cycle, cancellation or modification requests must be received at least 24 hours before your next scheduled order date. Cancellation requests received after this window will take effect on the following billing cycle.
CHANGES TO SUBSCRIPTION PRICING
We reserve the right to change subscription pricing at any time. We will provide notice of any price changes before they take effect. Continued enrollment in the subscription after a price change constitutes your acceptance of the new pricing.
FAILED PAYMENTS
If a scheduled subscription payment fails, we will attempt to process the payment up to three times. If payment is not successfully collected, your subscription may be paused or cancelled. We will notify you by email if your payment fails.
Pricing & Payment
All prices are displayed in US dollars and are subject to change without notice. We are not responsible for pricing errors. If a product is listed at an incorrect price due to a typographical or system error, we reserve the right to refuse or cancel orders placed at that price, even after an order confirmation has been sent.
We accept major credit cards and other payment methods as indicated at checkout. All transactions are processed through Shopify's secure payment infrastructure. We do not store your full payment card information on our servers.
Applicable taxes will be calculated and displayed at checkout based on your shipping address. You are responsible for any taxes, duties, or other charges applicable to your order.
Shipping
Orders are carefully prepared and shipped from Malibu, CA. We process and ship orders Monday through Friday. Orders placed before 3:00 PM PST on a business day will ship the same day. Orders placed after 3:00 PM PST or on weekends or holidays will be prepared and shipped the following business day.
Shipping rates and estimated delivery timeframes are displayed at checkout and on our Shipping & Returns page. Delivery estimates are not guarantees. We are not responsible for delays caused by carriers, weather, or other circumstances outside our control.
Title and risk of loss for products purchased through the Site pass to you upon delivery to the carrier. If a shipment is lost or damaged in transit, please contact us and we will work with the carrier to resolve the issue.
Returns & Refunds
We offer 30-day returns on all nestorganic.com orders. If you are not satisfied with your purchase for any reason — including a reaction on your baby's skin — contact us at hello@shopnestorganic.com within 30 days of the delivery date and we will make it right.
To initiate a return, contact us by email with your order number and the reason for your return. We will provide instructions for returning the product. Products must be returned in their original packaging where reasonably possible.
Approved refunds will be issued to the original payment method within 5–10 business days of our receiving the returned product. Original shipping charges are non-refundable unless the return is due to our error (wrong product, damaged item, etc.).
For purchases made at Target or other third-party retailers, please follow that retailer's return policy. We are unable to process returns or refunds for products not purchased directly through nestorganic.com.
Intellectual Property
The Site and all of its content — including but not limited to text, copy, product descriptions, blog articles, formulations, photography, video, graphics, logos, design, and the NatureBiome™ name and dual-prebiotic system — are the property of Nest Organic, Inc. and are protected by United States and international copyright, trademark, and other intellectual property laws.
NatureBiome™ is a trademark of Nest Organic, Inc. The Living Standard™ is a trademark of Nest Organic, Inc. Unauthorized use of these marks is prohibited.
You may not reproduce, distribute, modify, transmit, display, publish, or create derivative works from any content on the Site without our prior written consent, except as expressly permitted by these Terms or applicable law.
Limited permission is granted to access and use the Site for personal, non-commercial purposes. This permission does not include any resale or commercial use of the Site or its content.
Product Disclaimers
FDA statement: These statements have not been evaluated by the Food and Drug Administration. Nest Organic products are not intended to diagnose, treat, cure, or prevent any disease. All products are cosmetic formulations for external use on healthy skin only.
Nest Organic products are formulated for healthy, intact skin. If you or your child has a diagnosed skin condition, consult a qualified healthcare practitioner before use. If irritation or an adverse reaction occurs, discontinue use immediately and consult a healthcare professional.
Disclaimer of Warranties
The following section contains important legal limitations. Please read carefully.
To the fullest extent permitted by applicable law, and except as required by the California Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.) or other non-waivable consumer protection laws,
THE SITE AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEST ORGANIC, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant that the results of using the Site or any products purchased through the Site will meet your expectations.
Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the maximum extent permitted by applicable law.
Nothing in these Terms limits any non-waivable rights you may have under applicable consumer protection laws in your jurisdiction, including California.
Limitation of Liability
The following section contains important legal limitations. Please read carefully.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEST ORGANIC, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY PRODUCTS PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO NEST ORGANIC IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless Nest Organic, Inc. and its officers, directors, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any claim that content you submitted to the Site caused damage to a third party.
Governing Law & Disputes
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or your use of the Site or purchase of products through the Site shall be resolved by binding arbitration administered by JAMS in Los Angeles County, California, under its then-current rules, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.
By using the Site, you waive your right to a jury trial and your right to participate in a class action lawsuit or class-wide arbitration. If this class action waiver is found to be unenforceable, then the arbitration agreement shall be void as to that dispute.
Any claim you have against Nest Organic must be filed within one (1) year after the cause of action arises, or it will be permanently barred.
Changes to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page. It is your responsibility to review these Terms periodically. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.
If we make changes that materially affect your rights as a subscriber, we will provide notice by email to the address associated with your account prior to the changes taking effect.
Contact
Questions about these Terms should be directed to:
Nest .
P.O. Box 8662
Calabasas, CA 91372
hello@nestorganic.com