Terms and Conditions

Last Updated: October 28, 2025

PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, DISCLAIMERS OF WARRANTIES, AND LIMITATIONS OF LIABILITY. BY USING OUR SITE OR PURCHASING FROM US YOU AGREE TO THESE TERMS.
 

1) Introduction & Scope

These Terms and Conditions (the “Terms”) govern your access to and use of nandn.net (the “Site”) and any related online services, content, features, or applications we may offer from time to time (collectively, the “Services”). The Services are operated by Nest and Necessities LLC (“Nest & Necessities,” “N&N,” “we,” “our,” or “us”).

From time to time, we may present Additional Terms for a particular promotion, product category, delivery program, financing, commissioned/refurbish projects, or other offerings. If Additional Terms conflict with these Terms, the Additional Terms control for that offering.

If you do not agree to these Terms and any applicable Additional Terms, do not use the Services.

2) Eligibility & Account

• You must be at least 18 years old and have a valid debit or credit card to make purchases.
• You are responsible for maintaining the confidentiality of any account credentials and for all activity that occurs under your account.
• We may refuse, suspend, or terminate accounts or orders that violate these Terms or applicable law.
   

3) Changes to These Terms

We may modify these Terms at any time in our sole discretion. Changes take effect on the Last Updated date above and apply prospectively. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

4) Website Orders Only

Unless otherwise stated in writing, policies below apply to orders placed through the Site. Storefront or third‑party marketplace orders may be subject to distinct posted terms.

5) Product Information, Natural Variations & Photo Disclaimer

We aim to describe and present products accurately. However, variations can occur and do not constitute defects:

• Leather: Natural characteristics (e.g., scars, brands, wrinkles, grain and color variation, sheen differences due to tanning processes) are inherent and expected; no two hides are identical. Samples/swatches are reference‑only and may not be an exact match to the delivered item.
• Wood: Expect variation in color, grain, sheen, figure, and dimensions due to the natural character of wood, finishing processes, humidity, and climate.
• Dimensions: Upholstery and hand‑finished goods can vary; ±2 inches variance is within industry norms.
• Photography/Displays: Lighting, screens, dye lots, and hand application can affect appearance; the delivered finish may differ from on‑screen images or samples viewed elsewhere.
   

6) Pricing, Promotions & Errors

• Pricing may change at any time without notice and applies prospectively (completed past purchases are unaffected). 
• Promotions may be limited‑time and subject to Additional Terms provided at the point of offer. If promotional Additional Terms and these Terms conflict, these Terms govern except where the promotion explicitly states otherwise.
• Errors & Omissions: We strive for accuracy but may correct errors, inaccuracies, or omissions (including after an order is submitted/confirmed/charged). If a pricing error leads to cancellation after your card is charged, we will refund the full charged amount.
   

7) Taxes

We collect and remit sales/use taxes as required by applicable law based on the delivery/pick‑up location. If a purchase is not taxed at checkout and a tax obligation applies, you are responsible for remitting any required taxes to your jurisdiction.

8) Payment Terms

• Payment in full is required at checkout for online orders. We accept major debit and credit cards (e.g., Visa, Mastercard, American Express). Other methods may be offered at checkout. 
• By submitting a payment instrument, you represent you are authorized to use it and authorize us or our payments processor to charge the full order amount, including taxes, shipping, delivery/handling, and any applicable fees.
• We may cancel or refuse an order (and issue a refund) if we suspect fraud, pricing/stock errors, or policy violations.
   

9) Closeout & Clearance Items

• All closeout/clearance items are sold “AS‑IS.” 
• Such items must be picked up or delivered within 7 days of purchase unless otherwise agreed in writing.
• Closeout/clearance items may be returned within 24 hours of receipt only if returned in the same condition. Any refund will exclude a $199 freight/handling/delivery/setup fee (if applicable) and is subject to a 25% restocking fee of the item price.
   

10) Delivery, Scheduling, Access & Risk of Loss

• Scheduling. Delivery dates are scheduled at checkout or by subsequent coordination. Changing a scheduled date within 48 hours of the window may incur a rescheduling fee.
• Access & Fit. You are responsible for ensuring items will fit through doors, stairwells, hallways, elevators, and corners to the desired location. For tight fits, the delivery team may request you sign a damage waiver before attempting placement. Failed deliveries due to access/fit are non‑refundable and may incur redelivery fees
• Preparation. Please protect floors/walls (e.g., rugs, blankets, cardboard) before delivery. We are not responsible for floor/wall/structure damage where reasonable protective measures were not in place or where the access route is inadequate.
• Adult Present. An authorized adult must be present during the delivery window to inspect and sign the delivery ticket. If no authorized adult is present, a redelivery fee will apply.
• Risk of Loss. Title and risk of loss pass upon delivery to your shipping address or, for pickups, upon release to you or your agent at our dock.

11) Pick‑Up Policy

• Pickups are by appointment at our Salem, Oregon location or another designated warehouse we identify in writing. Items must be paid in full prior to pick‑up.
• Customer pick‑ups generally remain in original vendor packaging for safer transport. Inspect packaging and note any visible damage before loading.
• You are responsible for loading, securing, and transporting items. We are not responsible for vehicle damage, transport damage, accidents, or personal injuries once goods leave our dock.
• Some items may require customer assembly when picked up.
   

12) Acceptance & Inspection on Delivery/Pickup

Carefully inspect items at delivery/pickup and note any damage, missing parts, or issues in writing on the delivery/pickup paperwork before signing. Signing “as received” without exceptions indicates acceptance as‑is. If damage is discovered during delivery, notify us immediately while the team is onsite and note the details on the paperwork. Refusing delivery may result in additional delivery charges.

13) Damaged Items — Repair or Replace

If an item is damaged upon delivery despite proper access and handling, we will, at our sole discretion, repair or replace the item. If repair is not feasible, we will order a replacement and the damaged item becomes our property once exchanged. This does not limit any non‑waivable consumer rights under applicable law.

14) Returns, Cancellations & Restocking

Standard Returns (Furniture items). Unless otherwise stated:

• Returns must be initiated within 48 hours of delivery or pickup.
• Items must be in as‑new condition and the same state it was delivered in with all parts and materials.
• Delivery/pickup/handling fees are non‑refundable. If we retrieve items from your location, a pickup fee applies.
• A 25% restocking fee applies to returns and approved cancellations, plus any original and return freight/handling charges.
   

Initiating a return: To initiate a return on Necessity Shop items, email contactus@nandn.net within the applicable window with your order number, photos showing the issue (if damaged/incorrect), and keep all original packaging. We’ll reply with an RMA and next steps. Returns without prior RMA will be refused.

No‑Fit/Preference. Returns due to preference, color variance, or access/fit issues are not accepted.

Custom/Commissioned/Final‑Sale. Custom, commissioned, refurbished‑to‑order, special‑order, personalized, closeout, and clearance items are final sale and non‑returnable.

Cancellations. Once an order is placed, we typically submit to the manufacturer or allocate inventory. Cancellation requests are at our discretion. If approved, the same restocking and freight terms above apply.

Refunds. Approved refunds are issued to the original payment method (or store credit where required) after we receive and inspect the returned item. Card refunds typically post within 10 business days; bank/check refunds may take up to 14 business days.

15) Warranties; Disclaimers

Except as expressly set forth in a written warranty accompanying a product or required by law:

• THE SERVICES AND ALL MATERIALS/PRODUCTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
   
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM VIRUSES.
   
• Manufacturer warranties (if any) apply as stated by the manufacturer. If these Terms conflict with a written product warranty, the product warranty governs on warranty matters; these Terms govern all else.
   

Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions may not apply to you.

16) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEST & NECESSITIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, VENDORS, AND CONTRACTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY ARISING OUT OF OR RELATED TO THE SERVICES OR PRODUCTS.

IN ALL EVENTS, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR CLAIMS ARISING FROM OR RELATED TO A PURCHASE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM; FOR CLAIMS RELATING SOLELY TO USE OF THE SERVICES, OUR LIABILITY SHALL NOT EXCEED $50 USD IN THE AGGREGATE.

These limitations apply even if we were advised of the possibility of such damages and regardless of the legal theory (contract, tort, negligence, strict liability, etc.). Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.

17) Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Nest & Necessities and its affiliates, officers, directors, employees, agents, and contractors from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Services; (ii) your breach of these Terms or any Additional Terms; (iii) your violation of law; (iv) content or information you provide that infringes the rights of others; or (v) any misrepresentation by you.

18) Dispute Resolution; Binding Individual Arbitration; Class Action Waiver

Contact Us First. If a dispute arises, contact us at contactus@nandn.net so we can work in good faith toward a resolution. If unresolved within 60 days, the following applies:

Binding Arbitration. To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to the Services, these Terms, or any product purchase (collectively, a “Dispute”) shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this Section. Unless we agree otherwise, arbitration will occur in Marion County, Oregon, or by remote video where permitted.

Class Action/Jury Trial Waiver. NO ARBITRATION SHALL BE JOINED OR CONSOLIDATED WITH ANY OTHER PROCEEDING. YOU AND N&N AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS. If a court finds the class waiver unenforceable, this entire Section 18 is void and the Dispute must be brought in court in Oregon.

Costs/Fees. Upon filing, we will pay AAA filing, administration, and arbitrator fees other than the initial consumer filing fee (for claims under $1,000, we will reimburse the filing fee upon written request). Each party bears its own attorneys’ fees unless a statute provides otherwise.

Time to Bring Claims. Any Dispute must be commenced within one (1) year after it accrues or is forever barred.

Nothing prevents either party from seeking injunctive or other equitable relief in court to protect intellectual property or prevent misuse of data or the Services.

19) Marketing Communications

• Email: We may send marketing emails; you may opt‑out at any time via the unsubscribe link. You will still receive transactional emails (e.g., order confirmations, service notices).
• Texts: We only send text messages if you opt in and subject to any Additional Terms presented at opt‑in. Standard carrier fees may apply. You may opt out at any time using the provided instructions.
   

20) Electronic Communications & Signatures

You consent to receive agreements, notices, disclosures, and other communications electronically, and agree that your electronic acceptance (e.g., clicking “Place Order,” checking a box, or similar) constitutes your electronic signature and has the same force and effect as a handwritten signature.

21) Investigations; Cooperation with Law Enforcement

We may investigate and prosecute violations of these Terms. We may disclose information as necessary to comply with law, regulation, legal process, or governmental requests.

22) Mobile App Terms (If Applicable)

If you access N&N mobile apps through Apple iOS or Google Play:

• Apple iOS: These Terms are between you and N&N, not Apple. Apple has no obligation to furnish support. Subject to applicable law, Apple disclaims all warranties with respect to the app. You acknowledge Apple and its subsidiaries are third‑party beneficiaries of these Terms and may enforce them. You represent you are not located in an embargoed country and are not on a restricted party list.
• Google Play: Google is not responsible for app support. If any term here conflicts with the Google Play Developer Distribution Agreement, that agreement controls to the extent of the conflict.
   

23) Force Majeure

We are not liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, weather, fire, flood, earthquake, war, terrorism, labor disputes, supply chain disruptions, carrier delays, epidemics/pandemics, power or internet outages, or governmental actions.

24) Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate these Terms at any time.

25) Governing Law; Venue

These Terms are governed by the laws of the State of Oregon, without regard to conflicts of law rules, and subject to the FAA for arbitration issues. Subject to Section 18, the exclusive venue for any court action shall be the state or federal courts located in Oregon, and you consent to personal jurisdiction there.

26) Severability; No Waiver; Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver. These Terms (plus any applicable Additional Terms) are the entire agreement between you and us regarding the Services and supersede all prior understandings on this subject.

27) Contact

Nest and Necessities LLC
2355 State Street, Suite 101
Salem, OR 97301 USA

Email: contactus@nandn.net
Website: https://nandn.net