Terms of Booking & Purchase

Thank you for visiting The Nest Nail Spa. Please review these Terms of Booking and Purchase very carefully. By purchasing any of our products and/or booking any of our services, you are agreeing to these Terms and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase any of our products or book any of our services.

PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT PURCHASE OR OBTAIN PRODUCTS OR SERVICES FROM THE NEST NAIL SPA UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

We reserve the right to update and revise these Terms at any time without notice to you.  Your continued use of our products and/or services and Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.

• General Terms. This Agreement is between You (“Purchaser”, “You”, “Your”) and The Nest Nail Spa (also referred to herein as “Company”, “We”, “Us”, “Our”). These Terms of Purchase (“Terms”) shall apply to your purchase of any products or services through this website, thenestnailspa.com, or any related booking apps, domains or subdomains (the “Sites”), or in our stores. You and The Nest Nail Spa are collectively referred to herein as the “Parties.”

• Formation of a Contract. By booking any of our services, submitting a payment electronically or in-person, or otherwise subscribing or purchasing our products or services, you are agreeing to adhere to and be bound by following terms and conditions, together with the Terms of Use and our Privacy Policy, all of which are hereby incorporated by reference (collectively, the "Terms").

• Taxes and Other Charges. You shall be completely responsible for and shall pay all charges, fees, and taxes arising from any purchase.

• Payment and Billing. By providing the Company with your preferred payment method at the time of booking any service, you represent that you: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the “Authorized Payment Method”) for any fees related to your service, including without limitation, any cancellation fees (collectively, the “Fees”). Unless otherwise indicated, all Fees are in United States Dollars (USD).

• Polish Removal. Given the unique nature of our services, we are unable to remove polish, acrylic, dip, gels, or any other products (referred to as “Products”) from your nails, including store-bought polishes or self-applied nail products. If you have any type of Product on your nails, you must let us know prior to your appointment. By booking any of our services, You agree to have any and all Products on your nails removed prior to your appointment. If you come to your appointment with Products on your nails, we reserve the right to cancel your appointment and charge the Cancellation fee outlined in Section 7.

• Staff Requests. Because schedules and availability may change quickly and other events beyond The Nest Nail Spa’s control, The Nest Nail Spa cannot guarantee that your service appointment will be with the provider you requested at the time of booking your service. By booking any of our services and requesting a particular staff member, you understand and agree that, while staff requests will try to be accommodated, The Nest Nail Spa cannot guarantee that any or all particular staff requests will be honored. The Nest Nail spa reserves the right to change the staff member assigned to your service, from time to time, and without prior notice to you.

• Refund and Exchange Policy. All of our services are non-refundable. Similarly, we do not offer refunds for products or gift cards. There are no exceptions to our refund policy. In the event you are not satisfied with your services, please let us know immediately. Given the nature of our services and that each individual person’s nails and care of their nails will vary, The Nest Nail Spa is not liable or responsible for damage to the nails after the Client has left the premises.

• Cancellation Policy. If you need to cancel your appointment, we require at least 24-hour notice. Any cancellation or reschedule made less than 24-hours before your scheduled service will result in a cancellation fee. The amount of the fee will be equal to 100% of the reserved service(s). If you are more than 15 minutes late for your service, we may not be able to accommodate you. In this case, the same cancellation fee will apply. Cancellation fees will be charged to your card on file. We reserve the right, in our sole discretion and without prior notice, to refuse service to any guest or cancel your future service appointments.

• Additional Services. If you would like to add additional services, including, but not limited to nail art and paraffin treatment, please book these additional services prior to your arrival. If you request additional services at the time of your appointment, we may not be able to accommodate your request in the allotted time. 

• Group Party Bookings. A 50% deposit is required for groups of three or more to reserve the booking. This deposit will be applied towards the final bill, which will become due immediately after services. On the date of the scheduled group booking, the remaining balance will be charged to the card on file. Any changes or cancelations to your group party booking within 48 hours of your reservation date and time will result in a COMPLETE forfeiture of your deposit. 

• Gift Cards. Gift cards are not redeemable for cash unless the remaining balance is five dollars or less and the holder requests it. 

• Rewards/Loyalty Program. We may offer a loyalty program. Loyalty points and other related benefits and services have no cash value, and The Nest Nail Spa will not compensate or pay cash for any unused points. Loyalty points may not be sold or transferred. The Nest Nail Spa reserves the right, at our sole discretion, to terminate the loyalty program or to change the program rules or reward levels without prior notice at any time. 

• Promotions and Discounts. We may offer other promotions, limited time offers, bonuses, or discounts (“Promotions”) to potential customers from time-to-time via advertising and marketing. You are entitled to the Promotion offered at the time of purchase. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Site. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our products or services prior to any associated Promotions, we are unable to honor the new offer.

• Pricing and Services Subject to Change. Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue our products or services (or any part or content thereof) without notice at any time. The Nest Nail Spa is not liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products or services. 

• Chargebacks. By attempting a chargeback with your financial institution, either on purpose or by mistake, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by The Nest Nail Spa. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.  

• Disclaimer. Our Products and any content included with or in any of our Products or services is merely meant to be informational and educational in nature and does not represent any level of medical or other professional industry-specific advice. As such, The Nest Nail Spa will not be responsible for any damages that result from the use of any products or services.

• Limitation of Liability. In no event shall The Nest Nail Spa be liable under this Agreement to You or any other third-party for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not You were advised of such damages, and (c) the legal or equitable theory, whether contract, tort, or otherwise, upon which the claim is based.

• No Warranties. THE NEST NAIL SPA PRODUCT(S) AND SERVICES ARE PROVIDED “AS-IS” AND WE DO NOT OFFER ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THESE SITES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE NEST NAIL SPA MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

• Maximum Damages. The sole remedy for any actions or claims shall be limited to and shall not exceed the total purchase price paid by Purchaser for the products or services it purchased under this Agreement from The Nest Nail Spa.

• Age of Majority. By using our Site, any Products, or services for which You tender payment or otherwise obtain through the Site, You represent and warrant that you are at least the age of majority in your state or province of residence, or otherwise legally able to enter into a valid contract.

• Beer and Wine. You must be 21 years of age or older to purchase beer or wine. Valid photo identification is required. The Nest has the right to refuse sale of beer and/or wine to any guest at any time and at its sole discretion. Beer and wine are not allowed off of the premises. You agree to consume any beer, wine, or other beverage containing alcohol responsibly. The Nest reserves the right to ask that any guest leave without a refund if the guest is disturbing the wellbeing of others or causing disruption in the salon. 

• Waiver. Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by The Nest Nail Spa of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

• Severability If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

• Governing Law; Jurisdiction; Venue. These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. The Federal and state courts located in Jefferson County, Colorado shall have sole and exclusive jurisdiction over any disputes arising under, or in any way connected with or related to, the terms of this Agreement. 

• Indemnification. You agree to indemnify and hold The Nest Nail Spa, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees, harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, that arise from your use or misuse of this site. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

• Entire Agreement. These Terms, along with our Privacy Policy and Terms of Use constitute the entire agreement between the Parties and can only be modified or changed in writing signed by both Parties. 

• No Transfer. This Agreement cannot be transferred or assigned to any third-party unless in writing signed by both Parties. 

• Effect of Headings. The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

• Questions. If you have any questions about this Site or the Terms of Purchase, please contact us: info@thenestnailspa.com.

View our Privacy Policy HERE.

View our Terms of Use HERE.