Legal notice

Nesté

Legal Notice & Disclaimer

Last Updated: April 2025

1. Company Information

The Nesté webshop is operated by the following legal entity:

Company Name

Nesté

Legal Form

Besloten Vennootschap (B.V.) — Private Limited Company

Country of Establishment

The Netherlands

Chamber of Commerce (KVK)

98738534

VAT Number (BTW)

NL005349641B30

Registered Address

Postbus 23, 6560 AA Groesbeek, Netherlands

Email Address

support@nestesleep.com

Website

nestesleep.com

2. Nature of Business & Fulfilment Model

Nesté is an e-commerce retailer operating a dropshipping business model. This means that upon receipt of a customer order, products are sourced from third-party suppliers based in the People's Republic of China and shipped directly to the customer's delivery address. Nesté does not operate its own warehouse or hold physical inventory.

Nesté currently serves customers in the following countries:

• Australia

• United States of America

• United Kingdom

• Canada

• New Zealand

All orders are fulfilled by our supplier partners and dispatched from China. By placing an order, customers acknowledge and accept this fulfilment model, including the shipping times and customs implications described in our Shipping Policy.

3. Governing Law & Jurisdiction

This website and all associated policies are governed by the laws of the Netherlands, without prejudice to any mandatory consumer protection provisions applicable in the customer's country of residence.

Where applicable law in a customer's country of residence provides rights that cannot be excluded or limited by contract (including, without limitation, rights under Australian Consumer Law, the UK Consumer Rights Act 2015, the US Federal Trade Commission Act, Canadian consumer protection legislation, or New Zealand's Consumer Guarantees Act 1993 and Fair Trading Act 1986), those rights remain fully intact and are not affected by these terms.

Any dispute arising out of or relating to the use of this website or a transaction with Nesté shall first be referred to mediation. If mediation is unsuccessful, the dispute shall be submitted to the competent courts of the Netherlands, subject to the mandatory jurisdiction rules of the customer's country of residence.

4. Customer Rights by Jurisdiction

Nesté is committed to complying with applicable consumer protection laws in each country it serves. The following is a non-exhaustive summary of your legal rights:

4.1 Australia

Under the Australian Consumer Law (ACL), our products come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Nesté's voluntary return policy does not limit these statutory rights.

4.2 United States of America

Customers in the United States are protected by applicable federal and state consumer protection laws. Nesté complies with US import regulations and Federal Trade Commission (FTC) guidelines, including accurate product descriptions and delivery time disclosures. State-specific rights may also apply depending on your state of residence.

4.3 United Kingdom

Customers in the United Kingdom are protected by the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You have the right to cancel your order within 14 days of receiving your goods without giving any reason (cooling-off period). Products must be of satisfactory quality, fit for purpose, and as described.

4.4 Canada

Customers in Canada are protected by applicable federal and provincial consumer protection legislation. Nesté complies with the Competition Act and applicable provincial consumer protection acts. You may have rights to a refund, repair, or replacement where products are defective or not as described.

4.5 New Zealand

Customers in New Zealand are protected by the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Products sold by Nesté must be of acceptable quality, fit for purpose, and match their description. These guarantees cannot be excluded or waived.

5. Import Duties, Taxes & Customs

As products are shipped directly from China, they are subject to import duties, taxes, and customs clearance procedures in the destination country. The following applies:

• All prices displayed on the Nesté website are exclusive of import duties and taxes unless expressly stated otherwise.

• The customer is responsible for paying any applicable import duties, customs taxes, GST, VAT, or equivalent charges imposed by their country's customs authority.

• Nesté has no control over customs processing times and cannot be held liable for delays caused by customs inspections or holds.

• Customs thresholds vary by country. Many low-value shipments from China may qualify for duty-free entry under applicable de minimis thresholds (e.g., USD 800 in the USA, CAD 20 in Canada, AUD 1,000 in Australia, GBP 135 in the UK, NZD 1,000 in New Zealand). However, these thresholds are subject to change by government authorities.

• Refusal to pay applicable customs charges may result in the parcel being returned or destroyed by customs authorities. In such cases, Nesté is not liable for any associated losses unless the refusal was due to an error on our part.

6. Intellectual Property

All content published on the Nesté website, including but not limited to text, graphics, logos, images, product descriptions, and the overall design and layout, is the intellectual property of Nesté or its licensors and is protected by applicable copyright, trademark, and intellectual property laws.

Unauthorised reproduction, distribution, modification, or use of any content from this website without prior written consent from Nesté is strictly prohibited. The Nesté name, logo, and brand identity are trade marks of Nesté. Use of these marks without express written permission is not permitted.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Nesté shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, loss of data, or loss of goodwill, arising out of or in connection with:

• The use or inability to use our website or products;

• Delays in shipping or customs clearance beyond our reasonable control;

• Any errors or omissions in product descriptions, images, or pricing;

• Actions or omissions of our third-party suppliers or logistics partners;

• Any force majeure events, including natural disasters, pandemics, strikes, or governmental actions.

Nothing in this Legal Notice excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law in the applicable jurisdiction.

8. Product Descriptions & Pricing Accuracy

Nesté makes every effort to ensure that product descriptions, images, and prices on our website are accurate. However, we cannot guarantee that product descriptions are entirely free from errors. Product images are for illustrative purposes only; actual products may vary slightly in colour or appearance due to differences in display screens or manufacturing batches.

In the event of a pricing error, Nesté reserves the right to cancel any order placed at an incorrect price and will notify the customer and arrange a full refund.

9. Data Protection & Privacy

Nesté is established in the Netherlands and processes personal data in accordance with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and applicable Dutch implementing legislation (UAVG).

For customers located outside the European Union, Nesté undertakes to apply equivalent data protection standards. Full details of how we collect, use, and protect your personal data are set out in our Privacy Policy, available on our website.

You may exercise your rights (including access, rectification, erasure, and portability) by contacting us at support@nestesleep.com.

10. Website Disclaimer

The information provided on this website is for general informational purposes only. While Nesté endeavours to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the website or the information, products, or services contained therein.

Nesté reserves the right to amend, suspend, or discontinue any aspect of this website at any time without notice. Links to third-party websites are provided for convenience only; Nesté does not endorse and is not responsible for the content or privacy practices of such sites.

11. Amendments to this Legal Notice

Nesté reserves the right to update or amend this Legal Notice at any time. The date of the most recent revision is indicated at the top of this page. Continued use of the website following any amendments constitutes acceptance of the revised notice. We encourage customers to review this page periodically.

12. Contact Information

If you have any questions regarding this Legal Notice or wish to exercise your consumer or data protection rights, please contact us:

Email