Terms & Conditions

Last Updated: January 1, 2025 | Please read these terms carefully before using our Site.

1. Acceptance of Terms

Welcome to GirlyNest. These Terms and Conditions ("Terms") govern your access to and use of www.girlynest.com (the "Site"), including all content, features, and services offered by GirlyNest ("we," "us," or "our").

By accessing or using our Site, placing an order, or creating an account, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use our Site.

⚠️ Important: These Terms contain a binding arbitration clause and class action waiver. Please read Section 14 carefully as it affects your legal rights in a dispute.

2. Eligibility

By using our Site, you represent and warrant that:

You are at least 18 years of age, or at least 13 years old with parental or guardian consent.
You have the legal capacity and authority to enter into these Terms.
You are a U.S. resident or otherwise have legal authority to purchase from U.S.-based businesses.
Your use of the Site does not violate any applicable laws or regulations.

3. Account Registration

When creating an account, you agree to provide accurate, current information; maintain the security of your password; promptly update your account information if it changes; and accept responsibility for all activities under your account. Notify us immediately of any unauthorized account use. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Products & Pricing

Product Descriptions

We strive to display products accurately. However, we do not guarantee that product images are perfectly accurate, as colors may vary between devices.

Pricing

All prices are in U.S. dollars (USD) and subject to change without notice. Prices exclude applicable taxes and shipping fees, calculated at checkout. In the event of a pricing error, we reserve the right to cancel orders placed at the incorrect price.

Product Availability

All products are subject to availability. We reserve the right to discontinue any product at any time and will notify you promptly if an ordered product is unavailable, providing a full refund or alternative.

5. Orders & Payment

Order Acceptance

Placing an order constitutes an offer to purchase. We reserve the right to accept or decline any order. An order is confirmed only when you receive an official Order Confirmation email.

Payment

We accept major credit cards (Visa, Mastercard, American Express, Discover), PayPal, and other payment methods displayed at checkout. By providing payment information, you authorize us to charge the total amount of your order.

Order Cancellation

Once placed, we are typically unable to cancel or modify orders as they are processed quickly. Contact us immediately at girlynext2@gmail.com if cancellation is needed. We will accommodate requests if the order has not yet shipped.

Sales Tax

Sales tax is collected in accordance with applicable state and local laws and will be displayed at checkout before you confirm your order.

6. Shipping

Shipping terms are governed by our Shipping Policy, incorporated into these Terms by reference. Title and risk of loss pass to you upon our delivery to the carrier.

7. Returns & Refunds

Returns and refunds are governed by our Return Policy, incorporated into these Terms by reference. By making a purchase, you acknowledge and agree to our Return Policy.

8. Intellectual Property

All content on this Site — including text, graphics, logos, images, product descriptions, and software — is the property of GirlyNest or its content suppliers and is protected by U.S. and international intellectual property laws.

You may not reproduce, distribute, modify, or transmit any Site content without our prior written permission, except for personal, non-commercial use. The GirlyNest name, logo, and related marks are trademarks of GirlyNest.

9. Prohibited Uses

You agree not to use our Site to:

Engage in any unlawful activity or violate any applicable laws.
Infringe upon our intellectual property rights or those of others.
Transmit spam or unauthorized advertising or promotional materials.
Impersonate GirlyNest, our employees, or any other person or entity.
Attempt to gain unauthorized access to our systems or other accounts.
Use automated means (bots, scrapers) to collect information from our Site.
Upload or transmit viruses, malware, or other malicious code.
Purchase products for resale without our prior written authorization.

10. Disclaimers

OUR SITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that our Site will be uninterrupted, error-free, or free of viruses. We do not warrant the accuracy of product descriptions, pricing, or other content.

💡 If you discover any errors or concerns on our Site, please contact us at girlynext2@gmail.com.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIRLYNEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR SITE OR PRODUCTS.

Our total liability to you for any claim shall not exceed the amount you paid to GirlyNest in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless GirlyNest and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or fees (including reasonable attorneys' fees) arising from your violation of these Terms or your use of the Site.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to conflict of law principles. Legal proceedings shall be brought exclusively in state or federal courts located in Massachusetts.

14. Dispute Resolution

Informal Resolution

Before filing any formal claim, please contact us at girlynext2@gmail.com to resolve the dispute informally. We will make good faith efforts to resolve issues within 30 days.

Binding Arbitration

If informal resolution is unsuccessful, disputes shall be resolved through binding individual arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules, conducted in Massachusetts or by telephone.

Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. You waive the right to participate in any class action lawsuit or class-wide arbitration against GirlyNest.

15. Changes to These Terms

We reserve the right to update these Terms at any time. We will post changes on this page with a new "Last Updated" date. For material changes, we will provide notice via email or a prominent Site notice. Your continued use of the Site after changes constitutes acceptance of the revised Terms.