Terms of service
Overview
Welcome to The Nesting Closet. The terms “we”, “us” and “our” refer to The Nesting Closet Limited. We operate this store and website, including all related information, content, features, tools, products and services to provide you with access to our website, subscription membership, and maternity and nursing clothing rental offerings (the Services).
The Nesting Closet is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced or linked (these Terms and Conditions or Terms) describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.
These Terms and Conditions apply to the use of our website, subscription services, and clothing rental offerings. By accessing our website or becoming a member, you agree to be bound by these terms, along with our Privacy Policy and any other policies referenced on our site. We may update these Terms from time to time. Any changes will take effect once published on our website. Continued use of our services means you accept the updated Terms.
1. Access and account
By using the Services, you represent that you are at least the age of majority in New Zealand and have legal capacity to enter into a binding agreement. If you allow any other person to use your account or to use rented items under your membership, you remain responsible for all activity and all items associated with your account.
To use the Services, you may be asked to provide information such as your email address, billing, payment, and delivery details. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
The account holder remains fully responsible for all items rented under their account, including where items are worn or used by another person.
2. Our service and products
We offer a subscription-based maternity and nursing clothing rental service. Members choose a monthly plan and rent a rotating wardrobe of garments for personal use. All services are provided subject to availability and acceptance.
We have made every effort to provide accurate descriptions and images of our garments and Services. However, colours and product appearance may differ depending on your device settings. Minor variations in colour, fabric, or design may occur.
All descriptions and availability are subject to change at any time without notice. We reserve the right to discontinue any garment or offering at any time, and may limit quantities or availability on a case-by-case basis.
All garments remain the property of The Nesting Closet Limited at all times unless purchased by a member through the buy-it option.
Garments must be used only for ordinary, day-to-day personal wear. Misuse includes, without limitation, wearing garments during heavy physical activity, exposure to smoke, excessive perspiration, cooking oils, chemicals, open flames, or in environments likely to cause damage, as well as use contrary to care instructions or common sense. Misuse voids normal wear and tear cover and may result in repair or replacement charges.
3. Orders and availability
All orders are subject to acceptance and stock availability. Submitting an order or building a box does not guarantee availability of specific items or sizes. Item selection represents a request only. Selected items may be unavailable at the time of packing due to being rented by another member or undergoing cleaning or repair. Substitutions may be required.
We reserve the right to cancel or amend an order if:
- An item is unavailable
- There is a pricing or description error
- Payment authorisation fails
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the contact details provided.
You represent and warrant that your use of the Services and any rentals or purchases are for your own personal or household use and not for commercial resale or export.
4. Membership and subscriptions
Subscription plans
Memberships are billed monthly in advance on the date you sign up. For example, if you join on the 15th, your subscription will renew on the 15th of each month. Subscriptions renew automatically unless paused or cancelled by you.
Plan limits
Each plan allows a set number of garments in rotation at any one time, as specified when you subscribe. We reserve the right to limit the number of items rented per member where necessary due to availability or operational constraints. Only one active subscription and one active box may be held per account unless expressly agreed otherwise.
We reserve the right to limit, suspend, or cancel subscriptions where misuse of the service is reasonably suspected.
We may refuse service, suspend, or terminate memberships where we reasonably believe there has been misuse of garments, repeated damage, late or non-returns, dishonest conduct, or behaviour that disrupts our operations or harms our business.
Pause or cancel
You may pause or cancel your subscription at any time through your account. To end your membership, all rented items must be returned and scanned by the courier. Charges will continue until items are on their way back to us. Any items received after your billing date may result in the next subscription period being charged.
Any garment not scanned by the courier within 7 days of a return request, subscription cancellation, or return due date may be deemed lost. We may continue to charge subscription fees and/or charge replacement costs until the garment is returned or paid for.
5. Prices and billing
All prices are listed in NZD. Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time of purchase or billing.
You agree to provide current, complete and accurate purchase, payment and account information and to promptly update your details so we can complete transactions and contact you as needed.
Payment authorisation is required to maintain an active subscription. If a payment fails, access to services may be suspended until resolved. We reserve the right to recover outstanding amounts for unpaid subscription fees, late returns, unreturned items, and repair or replacement costs.
We reserve the right to suspend or terminate accounts where chargebacks, payment disputes, or fraudulent activity occur. Any chargeback fees incurred may be recovered from you. Abuse of subscriptions, swaps, pauses, or damage claims may result in account termination.
6. Shipping and delivery
Delivery
Delivery timeframes are estimates only. Delays may occur due to courier or external factors outside our control. You are responsible for ensuring delivery details are accurate. We are not responsible for loss or delay resulting from incorrect or incomplete address information.
Responsibility for rented items transfers to you once delivery has been completed.
Delivery is deemed complete once the courier marks the parcel as delivered. Where parcels are left in a safe place, responsibility for the garments transfers to you at that time. We are not responsible for theft or loss after delivery.
Returns
Returns are included in your subscription. One prepaid return satchel is provided with each rental box. If the prepaid return satchel is lost or damaged, you are responsible for any return delivery fees.
Items are considered returned once they are handed to the courier and scanned. Proof of return should be retained until the return is complete. Late, unreturned, or lost items may result in additional charges, including repair or replacement costs.
7. Wearing and care of garments
Normal wear
Our subscription includes cover for normal wear and tear. This includes minor stains, small snags, loose threads, or similar everyday marks.
Damage beyond normal wear
You are responsible for loss, theft, or damage beyond normal wear, including but not limited to:
- Major stains that cannot be removed
- Tears or damage requiring replacement
- Alterations or tailoring
- Loss or failure to return an item
Where damage occurs, we may charge for repair or replacement, up to the retail value of the item. Loss or theft of an item will be treated as irreparable damage.
Persistent odours, including but not limited to smoke, body odour, perfume saturation, food, mould, or dampness, which cannot be removed through professional cleaning are considered damage beyond normal wear and tear and may result in repair or replacement charges.
All returned garments are inspected upon return. We determine, acting reasonably, whether wear or damage exceeds normal wear and tear. Our assessment, supported by internal records, photographs, and/or professional cleaner reports, is final.
Where repair or replacement charges apply, we may charge the applicable amount to your stored payment method without further authorisation. You will be notified of the charge. Any dispute must be raised within 14 days of notification. After this period, charges are final.
Alterations
Customers must not attempt to repair, alter, or clean garments themselves or through a third party. Any unauthorised repair or alteration will be treated as irreparable damage.
Cleaning
All garments are professionally cleaned after each rental. During your rental period, we ask that you do not dry clean or treat garments unless explicitly permitted. Spot cleaning may be acceptable for small areas if done gently. If you need to machine wash your garment, you must follow the washing instructions on the label. Please do not attempt to clean any outerwear items.
8. Size changes and swaps
If a garment does not fit as expected, you may request a size swap at no additional cost within 2 days of it being delivered. All size swaps are subject to availability. Size swaps are not guaranteed and depend on stock levels at the time of request. Swapped garments should only be tried on, not worn.
9. Member buy-it option
Members may be offered the option to purchase rented items at a reduced buy-it price. Prices and availability are subject to change and not guaranteed.
10. Optional tools and third party services
You may be provided with access to third party tools or services as part of the Services. We provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without any endorsement. Any use by you of third party tools is entirely at your own risk.
11. Third party links
The Services may contain hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third party materials or websites. If you decide to leave the Services to access third party sites, you do so at your own risk.
12. Relationship with Shopify
The Nesting Closet is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with The Nesting Closet Limited. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Nesting Closet Limited, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Nesting Closet Limited.
13. Privacy
All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes information about your access to and use of the Services in order to provide and improve the Services. Information you submit may be transmitted to and shared with Shopify and third parties that may be located outside New Zealand.
14. Feedback and reviews
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (Feedback), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to all Feedback and that your Feedback will comply with these Terms. We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s rights or these Terms.
15. Errors, inaccuracies and omissions
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted an order.
16. Prohibited uses
You may access and use the Services for lawful purposes only. You must not use the Services in any way that is unlawful, fraudulent, harmful, or that infringes the rights of others, or that harms The Nesting Closet Limited, Shopify, or users of the Services, or exposes any of them to liability. We reserve the right to suspend, disable, or terminate your account if we determine that you have violated any part of these Terms.
17. Health, risk and allergies
Our garments are not medical devices and are not intended to provide medical, therapeutic, or health advice or outcomes. Garments are worn at your own risk. To the maximum extent permitted by law, we are not liable for discomfort, allergic reactions, skin irritation, injury, or any health-related outcomes arising from use of our garments.
While all garments are professionally cleaned, we cannot guarantee the complete removal of all allergens or residues. Customers with allergies, sensitivities, or medical conditions should consider whether the service is suitable for them before renting.
18. Intellectual property
All website content, imagery, branding, and written material made available through the Services remain our intellectual property and may not be copied, reproduced, distributed, modified, or used for commercial purposes without our prior written permission. All rights not expressly granted are reserved.
19. Disclaimer of warranties
The information presented on or through the Services is made available for general information purposes only. Any reliance you place on such information is at your own risk.
To the maximum extent permitted by law, the Services and all products and services offered through the Services are provided “as is” and “as available” without any representation, warranties or conditions of any kind, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement, except as required by New Zealand law.
20. Limitation of liability
To the maximum extent permitted by law, we are not liable for any indirect or consequential loss. Our total liability is limited to the amount paid by you for the relevant subscription period.
Nothing in these Terms limits your rights under New Zealand consumer law.
21. Indemnification
You agree to indemnify, defend and hold harmless The Nesting Closet Limited, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your access to and use of the Services.
22. Termination
We may terminate this agreement or your access to the Services in our discretion at any time. You remain liable for all amounts due up to and including the date of termination. Sections that by their nature should survive termination will continue to apply, including intellectual property, limitation of liability, indemnification, and governing law.
23. Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the remaining provisions will remain valid and enforceable.
24. Waiver; entire agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. These Terms and any policies referenced form the entire agreement between you and us and supersede any prior agreements or communications.
25. Assignment
You may not delegate, transfer or assign these Terms or any of your rights or obligations without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
26. Governing law
All contracts are governed by the laws of New Zealand, and any disputes are subject to the exclusive jurisdiction of the New Zealand courts.
27. Changes to terms
We may update, change, or replace any part of these Terms by posting updates on our website. It is your responsibility to check our website periodically for changes. Continued use of the Services following the posting of any changes constitutes acceptance of those changes.
28. Contact information
Questions about these Terms should be sent to us at hello@thenestingcloset.co.nz.