Sales Terms

Nest Labs Store

Terms & Conditions

Your purchase of goods and services from the Nest Labs Store (“the Store”) constitutes your agreement to the Terms & Conditions of the Store, and to be bound by them and the privacy policy for the Nest Labs’ website. You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will apply to any dispute that might arise between you and Nest Labs. We reserve the right to change these Terms & Conditions at any time, so please review each time you make a purchase from the Store.

If you have any questions regarding these Terms & Conditions, you can contact us toll free at 855-4MYNEST.

Terms & Conditions:

The Store, and all content available on the Store, is provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All goods and services purchased through the Store are provided on an “as-is” basis unless otherwise noted in the packaging included with the goods and services.

You acknowledge, by your use of this Store, that your use of this Store is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Store, and that neither Nest Labs nor any of its partners shall be liable for any damages of any kind related to your use of this Store. In particular, you acknowledge that you have completed the compatibility check on nest.com, and that it is your sole responsibility to ensure that your HVAC system is compatible with the Nest Learning ThermostatTM.

All rights, title, and interest in and to the Nest Labs’ goods and services provided here are and will remain the exclusive property of Nest Labs and its licensors. They are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms & Conditions gives you a right to use the Nest Labs’ name or any of the Nest Labs’ trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Nest Labs, or Nest Labs’ services, is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Additionally, when you order in our store, we collect and store your email address. From that point forward, your email address is used to send you product updates. You may unsubscribe here.

Pricing and Availability:

All goods and services offered on the Store are subject to availability. Prices are subject to change without notice at any time.

Order Acceptance:

Nest Labs reserves the right to cancel or refuse any order for any reason at any time, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is canceled, or if additional information is needed to complete and accept your order.

Sales Tax:

Depending on the order, Nest Labs calculates and charges sales tax. Any sales tax charged will be indicated during the checkout process. Nest Labs does not have the ability to honor tax-exempt entities at the time of order. Tax-exempt entities can request a refund of sales tax paid on an order. For more information about sales tax or to request a refund of sales tax, you can contact us toll free at 855-4MYNEST.

Resale and Risk of Loss:

Purchases made on the Store are intended for end users only, and are not authorized for resale. Title and risk of loss for all products purchased from the Store pass to the purchaser at the time of delivery by Nest Labs to the freight carrier.

Shipping:

We offer three methods of shipment: Next Day, Second Day, and Ground. At present, we ship to locations within the United States and Canada only.

Refused deliveries:

Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused, and processed for a refund.

Installation service:

If you purchase the installation service from the Store, your credit card will be charged at the time of purchase. We will share only relevant, personal information (name, installation address and contact telephone number) with a Certified Nest Labs Installer in your local area who will contact you directly to schedule an appointment for installation.

Installation fees cannot be refunded once the device is installed.

Returns:

If, for any reason, you are not completely satisfied with your product purchase from the Store, you can return the product(s) within 30 days of purchase for a full product refund.

To initiate a refund, and to arrange for the return of the product(s), you can contact us toll free at 855-4MYNEST. If your product is deemed to be defective, we will provide a return shipping label to cover the shipping costs of the return. Otherwise, you are responsible for the costs of shipping the product back to Nest Labs.

Before returning your product to Nest Labs, you should delete all information stored on the product, as described here.