Terms of service

Last Updated: March 26, 2026

Article 1 - Purpose and Scope of Application

These Terms and Conditions of Sale ("Terms") govern the contractual relationship between Nesty Sleep (commercial trade name) hold by L'INDEPENDANTE LLP, a company incorporated under English law with registration number OC455881, hereinafter referred to as "the Seller" or "the Company", and any individual or legal entity, hereinafter referred to as "the Buyer" or "the Customer", wishing to make a purchase through our website.

These Terms apply to all product sales made by the Seller, without geographical restriction, particularly to the following markets: United States, Canada, United Kingdom, Australia, France, Germany, and other territories served.

Any order placed implies full and complete acceptance of these Terms by the Buyer. These Terms take precedence over any other general or specific terms and conditions not expressly agreed to by the Seller.

Article 2 - Products

The products offered for sale are those listed on the website, subject to availability. Each product is accompanied by a detailed description outlining its essential characteristics.

The photographs and visuals displayed on the website are for illustrative purposes only and may show slight variations (colors, finishes, details) from the delivered product, particularly due to screen display specifications.

Assembly and user instructions are provided with the products, available in paper or digital format, primarily in English, French, and German.

Article 3 - Pricing and Currencies

3.1 Reference Pricing
Prices are established in US Dollars (USD) for customers residing in the United States, United Kingdom, Australia, and Canada. For customers residing in France and Germany, prices are established and displayed directly in Euros (EUR).

3.2 Automatic Conversion
Prices are automatically converted and displayed in the Buyer's local currency based on exchange rates in effect at the time of browsing. Supported currencies include:

United States - US Dollar - USD
Canada - Canadian Dollar - CAD
United Kingdom - British Pound - GBP
Australia - Australian Dollar - AUD
France - Euro - EUR
Germany - Euro - EUR

3.3 Final Pricing and Taxes
The displayed prices correspond to the final price the Buyer will pay, including all taxes and fees. The Seller does not charge VAT on its sales, as prices already include all applicable charges.

For customers located in jurisdictions that impose local taxes (sales tax, GST, TVA, MwSt., etc.), these may be added at checkout in accordance with applicable local regulations.

3.4 Price Changes
Prices may be modified at any time without notice, but products will be billed based on the rates in effect at the time of order confirmation.

In case of an obvious pricing error on a product, the Seller reserves the right to cancel the order, even after confirmation. The Buyer will be notified immediately and receive a full refund.

Article 4 - Shipping

Shipping is free on all orders, with no minimum purchase required.

This shipping policy applies to standard shipping methods offered by the Seller. Express or premium shipping options may be available for an additional fee.

Delivery times: 7 to 14 business days for all countries.

These timeframes are provided as estimates and begin from the date of order confirmation and payment.

Article 5 - Ordering and Purchase Process

5.1 Order Process
Orders are placed exclusively through the website. The Buyer selects products, adds them to their cart, enters shipping and billing information, then proceeds to payment.

Order confirmation implies full and complete acceptance of these Terms.

5.2 Order Confirmation
An order confirmation is sent by email as soon as possible. This confirmation constitutes acceptance of the order by the Seller and forms the sales contract.

5.3 Legal Capacity
The Buyer declares having the necessary legal capacity to contract and being at least 18 years old or having obtained authorization from their legal representatives.

5.4 Product Availability
In case of product unavailability after order confirmation, the Buyer will be notified by email and may choose a substitute product or receive a full refund of their order.

Article 6 - Payment Methods

Payment is made in full at the time of order through the following methods:

• Credit cards: Visa, Mastercard, American Express, Diners Club, Discover, Maestro, UnionPay
• Shop Pay
• Apple Pay
• Google Pay
• Klarna

All transactions are secured by SSL encryption. The Seller does not store any banking data on its servers.

In case of payment authorization refusal by the banking institution, the order will be automatically canceled.

For payments in currencies other than USD and EUR, the exchange rate applied is the one in effect at the time of transaction, as determined by the payment processor.

Article 7 - International Shipping

7.1 Shipping Zones
The Seller ships to countries and territories listed on the website at the time of order, including:
• United States (all states)
• Canada (all provinces)
• United Kingdom
• Australia
• France
• Germany

7.2 Shipping Terms
Delivery is made to the address specified by the Buyer during ordering. It is the Buyer's responsibility to verify the accuracy and completeness of the shipping address.

Products are shipped from our warehouses located in different regions to optimize delivery times.

7.3 Risk Transfer
Risk of loss or damage to products is transferred to the Buyer upon delivery of the package to the carrier.

It is the Buyer's responsibility to check the condition of the package upon delivery and to make any reservations with the carrier.

7.4 Customs Formalities
For international deliveries, customs formalities are handled by the Seller. However, the Buyer remains responsible for payment of any customs duties, import taxes, or other fees imposed by local authorities.

The Seller disclaims any responsibility for delays or customs blockages.

Article 8 - Returns and Refunds

8.1 Return Period
All customers, regardless of their country of residence, benefit from a 30-day return window from the date of receipt of their order.

For customers residing in France and Germany, this right is supplemented by a statutory 14-day right of withdrawal applicable to distance selling contracts the "droit de rétractation" under Articles L.221-18 et seq. of the French Consumer Code, and the Widerrufsrecht under §§ 312g, 355 of the German Civil Code (BGB).

8.2 Eligibility Conditions

For "change of mind" returns:
Products must be returned:

• In their original condition
• In complete and intact original packaging
• With all components, accessories, instructions, and documentation included
• With proof of purchase (order number or receipt)

For defective product returns:
The product must have a manufacturing defect, not match its description, or not work as advertised. Normal signs of use for testing the product are acceptable.

Non-returnable items: Custom-made or personalized products (if applicable), damaged items (unless the damage is due to a manufacturing defect).

8.3 Return Procedure

Step 1: Contact customer service at support@nestysleep.com or through the website contact form within the applicable timeframe with:

• Your order number
• Reason for return (change of mind OR defective product)
• Clear photos if the product is defective

Step 2: Receive a Return Authorization (RMA) number and detailed return instructions.

Step 3: Return the product following provided instructions.

⚠️ Returns without prior authorization will not be accepted.

8.4 Return Shipping Costs

"Change of mind" returns:

• Return shipping costs are the Buyer's responsibility
• We recommend using a tracked and insured shipping service

Defective products:

• Return shipping costs are at the Seller's expense
• A prepaid return label will be provided

Missing or broken pieces: Replacement pieces will be sent free of charge without requiring return of the entire product.

8.5 Refund Processing

Processing time: Refund processed within 10 business days of receiving the returned product.

Refund method: Same payment method as the original order.

Refunded amounts for "change of mind" returns:

• Product price: Fully refunded
• Standard shipping costs: Fully refunded
• Express/premium shipping fees: NOT refunded
• Return shipping: At Buyer's expense

Refunded amounts for defective products:

• Product price: Fully refunded
• All shipping costs (standard and express): Fully refunded
• Return shipping: At Seller's expense

Non-compliant returns: No refund will be issued if return conditions are not met, including items showing signs of use (for "change of mind" returns), missing components, or returns without RMA authorization.

8.6 Legal Guarantees
Products are covered by applicable implied warranties and consumer protection laws in the Buyer's jurisdiction, including the Consumer Rights Act 2015 for UK customers and equivalent legislation for US, Canadian, and Australian customers.

For customers residing in France and Germany, products benefit from the following statutory guarantees applicable in both countries under their respective national laws transposing EU Directive 2019/771:

• Legal guarantee of conformity (garantie légale de conformité / gesetzliche Mängelhaftung): 2 years from delivery, covering manufacturing defects and non-conformity with the product description.
  
• Legal guarantee against hidden defects (garantie contre les vices cachés / Sachmängelhaftung): applicable under the French Civil Code (Articles 1641 et seq.) and the German Civil Code (BGB) respectively.

8.7 Complete Return Policy
For complete details on our return and refund procedures, eligibility conditions, and your rights, please consult our full Return & Refund Policy.

Article 9 - Warranties

9.1 Legal Warranty of Conformity
The Seller warrants that products conform to their description, are free from material and manufacturing defects, and are suitable for their normally expected use.

9.2 Exclusions
The warranty does not cover:
• Normal wear and tear of products
• Damage resulting from inappropriate or non-compliant use
• Damage caused by negligence, accident, or force majeure
• Modifications or repairs performed by the Buyer or third parties

9.3 Warranty Implementation
To benefit from the warranty, the Buyer must contact customer service providing the order number and detailed description of the problem, accompanied by photographs if necessary.

Article 10 - Liability and Limitations

10.1 Liability Limitation
The Seller's liability is limited to the total amount of the order concerned. Under no circumstances shall the Seller be liable for indirect, intangible damages, or loss of profits.

10.2 Force Majeure
The Seller shall not be liable for non-performance or delays in performance of its obligations due to force majeure events, including:
• Natural disasters
• Social conflicts, strikes
• Government restrictions
• Telecommunications network failures
• Transportation disruptions

10.3 Product Use
The Buyer agrees to use products in accordance with their intended purpose and provided instructions. They assume full responsibility for product use.

Article 11 - Intellectual Property

All website elements (texts, images, logos, designs, videos, sounds, graphics, layout, source code) are protected by intellectual property rights and belong to the Seller or its licensed partners.

Any reproduction, representation, adaptation, distribution, reuse, or extraction, total or partial, on any medium whatsoever, for purposes other than strictly personal and private use, is prohibited without prior written authorization.

The Seller's trademarks are registered trademarks. Any unauthorized reproduction or use is prohibited and constitutes counterfeiting.

Article 12 - Personal Data Protection

12.1 Collection and Processing
The Seller collects and processes personal data necessary for order fulfillment and customer relationship management, in accordance with its Privacy Policy.

12.2 User Rights
In accordance with applicable regulations (GDPR, CCPA, Loi Informatique et Libertés, BDSG, etc.), the Buyer has the following rights:
• Right of access to personal data
• Right to rectify inaccurate data
• Right to erasure (right to be forgotten)
• Right to limit processing
• Right to data portability
• Right to object to processing

French customers may also lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL) at www.cnil.fr.

German customers may also lodge a complaint with the competent data protection supervisory authority (Datenschutzaufsichtsbehörde) of their federal state (Land), or with the Federal Commissioner for Data Protection and Freedom of Information (BfDI) at www.bfdi.bund.de.

12.3 Exercise of Rights
These rights may be exercised by contacting customer service at support@nestysleep.com or through the website contact form.

12.4 International Transfers
Data may be transferred to third countries as part of service execution, with appropriate safeguards in accordance with applicable regulations.

Article 13 - Customer Service and Support

For any questions, complaints, or assistance requests, the Buyer may contact customer service:

• Email: support@nestysleep.com
• Phone: +33778348808
• Contact form: Available on the website
• Company: Nesty Sleep / L'INDEPENDANTE LLP
• Mail: L'INDEPENDANTE LLP, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM

Customer service commits to responding within a maximum of 48 business hours.
Available support languages are English, French, and German.

Article 14 - Applicable Law and Competent Jurisdictions

14.1 Applicable Law
These Terms are governed by English Law.

14.2 Region-Specific Jurisdictions

United States
For consumers residing in the United States, mandatory provisions of the consumer's state of residence law apply. In case of dispute, competent courts are those of the consumer's state of residence.

Canada
For consumers residing in Canada, provincial consumer protection laws apply. Competent courts are those of the consumer's province of residence.

Australia
For consumers residing in Australia, Australian Consumer Law applies. Competent courts are those of the consumer's state or territory of residence.

France & Germany
For consumers residing in France or Germany, the mandatory consumer protection provisions of their respective national law apply (French Consumer Code / German BGB and UWG). Competent courts are those of the consumer's place of residence. These Terms do not deprive them of the protection afforded by mandatory provisions of their national law.

Article 15 - Mediation and Alternative Dispute Resolution

15.1 Amicable Resolution
In case of dispute, parties will endeavor to find an amicable solution before any legal recourse.

15.2 Mediation by Region
• United States: Recourse to recognized mediation services in the state of residence
• Canada: Provincial mediation services available
• Australia: Australian Competition and Consumer Commission (ACCC)
• France & Germany: In accordance with applicable consumer mediation legislation (Articles L.612-1 et seq. of the French Consumer Code and the German VSBG), consumers in both countries may have recourse to a certified consumer mediator free of charge. The European Online Dispute Resolution platform is available at: https://ec.europa.eu/consumers/odr/

Article 16 - Promotions and Commercial Operations

16.1 General Conditions
The Seller may occasionally organize promotions, flash sales, or special commercial operations. Each operation is subject to specific conditions that supplement these Terms and Conditions. In case of contradiction, specific conditions prevail for the operation concerned, provided they do not restrict mandatory consumer rights.

16.2 Price Reductions
Discounts are calculated relative to the reference price practiced in the 30 days preceding the operation, in accordance with applicable local regulations. For UK customers, reference prices represent genuine prices at which products were previously offered to customers (Consumer Protection from Unfair Trading Regulations). For French and German customers, price reductions comply with Directive 2019/2161/EU (Omnibus Directive) and applicable national transposition legislation.

16.3 Equal Consumer Rights
IMPORTANT: Sale items, promotional products, and discounted merchandise have the same statutory consumer rights as full-price items, including full consumer protection rights and legal guarantees under applicable law in the Buyer's jurisdiction. The Seller cannot restrict statutory consumer rights for promotional items.

16.4 Promotional Terms
Specific conditions for each promotion (duration, eligibility, stock limitations, discount codes) are displayed on the promotional page or available upon request to customer service.

The Seller reserves the right to modify or cancel promotions in cases of technical error, force majeure, or fraudulent activity. Orders confirmed before modification will be honored.

Article 17 - Terms Modifications

The Seller reserves the right to modify these Terms at any time. Modifications take effect upon publication on the website.

Orders in progress remain subject to the Terms accepted at order confirmation.

It is recommended that the Buyer regularly consult the Terms to become aware of any modifications.

Article 18 - Partial Nullity

If one or more provisions of these Terms were declared null or unenforceable by a competent jurisdiction, other provisions would retain their full force and scope.

The parties would then endeavor to replace the nullified clause with a valid clause of equivalent scope.

Article 19 - Entire Agreement

These Terms, supplemented by the Privacy Policy and any specific conditions, constitute the entire agreement between the parties.

They cancel and replace all previous agreements relating to the same subject.