TERMS OF SERVICE

Last Updated: September 30, 2026

OVERVIEW

Welcome to SwirlNest. The terms “we,” “us,” and “our” refer to SwirlNest. SwirlNest operates this online store and website, including all related information, content, features, tools, products, and services made available through the website (collectively, the “Services”). SwirlNest is powered by Shopify, which provides the technology used to operate the Services.

These Terms of Service (“Terms”) govern your access to and use of the Services and describe your rights and responsibilities when using our website or purchasing our products. Please read these Terms carefully before using the Services or placing an order.

By accessing, browsing, or using the Services, or by placing an order through our website, you agree to these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, please do not use the Services.

Nothing in these Terms is intended to exclude, restrict, or waive any consumer rights or legal protections that cannot lawfully be excluded under the laws applicable to your purchase.

SECTION 1 - ELIGIBILITY AND ACCOUNT

By using the Services, you represent that you are at least the age of majority in the jurisdiction where you reside, or that you are using the Services with the consent and supervision of a parent or legal guardian where permitted by applicable law.

When using the Services or placing an order, you may be required to provide information including your name, email address, billing information, payment information, shipping address, and other information necessary to process your order.

You agree that the information you provide is accurate, current, and complete and that you have the right to provide such information.

If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for activity occurring under your account. You may not sell, transfer, or assign your account to another person without our prior written consent.

SECTION 2 - PRODUCTS AND PRODUCT INFORMATION

We make reasonable efforts to ensure that product descriptions, photographs, specifications, colors, dimensions, and other information displayed on our website are accurate and current.

However, the appearance of a product may vary depending on your device, screen settings, lighting, photography, or other factors. Minor variations in color, appearance, packaging, or design do not necessarily constitute a defect.

Product information, specifications, availability, packaging, and pricing may change from time to time. We reserve the right to discontinue products or limit quantities where permitted by law.

Nothing in this section limits any legal rights you may have if a product is defective, unsafe, not as described, or otherwise fails to meet mandatory standards applicable to your purchase.

SECTION 3 - ORDERS AND ACCEPTANCE

When you place an order through our website, you are submitting an offer to purchase the products selected by you.

An order confirmation email confirms that we have received your order but does not necessarily mean that the order has been accepted. Your order will be accepted when we confirm acceptance, dispatch the product, or otherwise indicate acceptance, as applicable.

We reserve the right to refuse, cancel, or limit an order where permitted by law, including in cases involving suspected fraud, unauthorized transactions, pricing or listing errors, product availability issues, shipping restrictions, or violations of these Terms.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled portion of the order using the original payment method, subject to applicable law.

Please review your order carefully before completing your purchase. Once an order has been accepted or processed for shipment, cancellation may not be possible. Any cancellation or return rights required by applicable law remain unaffected.

Returns and refunds are governed by our Refund and Return Policy.

Unless otherwise agreed in writing, products purchased through our website are intended for personal or household use and not for unauthorized resale.

SECTION 4 - PRICES, PAYMENTS, AND TAXES

Prices displayed on our website are subject to change without notice. The price charged for your order will generally be the price displayed at the time you place your order, except where an obvious pricing or technical error has occurred or applicable law requires otherwise.

Depending on your location and the information available at checkout, prices may or may not include applicable taxes, duties, shipping charges, or other fees. Any charges that are required to be disclosed before purchase will be presented at checkout or otherwise communicated to you as required by law.

International orders may be subject to VAT, GST, sales tax, customs duties, import taxes, brokerage fees, or other charges imposed by the destination country. Unless otherwise stated at checkout or required by applicable law, such charges may be the responsibility of the customer.

You agree to provide accurate and complete payment and billing information and to promptly update such information when necessary.

By submitting payment information, you represent that you are authorized to use the payment method provided.

We use third-party payment processors to process payments. Your payment may be subject to the terms, privacy policies, and security procedures of the applicable payment provider.

SECTION 5 - SHIPPING AND DELIVERY

We ship to locations where shipping is available and may restrict shipping to certain countries, regions, addresses, or jurisdictions where required by law, carrier restrictions, product requirements, or operational limitations.

Shipping and delivery dates shown on our website are estimates unless expressly stated otherwise.

We are not responsible for delays caused by shipping carriers, customs authorities, weather, natural disasters, strikes, government actions, incorrect addresses, or other circumstances beyond our reasonable control.

If an order is delayed, lost, damaged, or otherwise affected during shipment, please contact us at swirlnesttt@gmail.com so we can assist with the carrier or fulfillment provider.

Ownership and risk of loss will transfer according to applicable law and the terms applicable to your order. Nothing in these Terms is intended to transfer risk to you earlier than permitted by applicable law.

For international orders, customers are responsible for providing an accurate delivery address and any information reasonably required for customs clearance.

SECTION 6 - INTELLECTUAL PROPERTY

The Services and their contents, including but not limited to SwirlNest trademarks, logos, product names, designs, text, photographs, graphics, videos, audio, product descriptions, page layouts, and other materials, are owned by SwirlNest or its licensors and are protected by applicable intellectual property laws.

You may access and use the Services for personal and lawful purposes only.

Unless expressly permitted by us in writing or by applicable law, you may not reproduce, copy, modify, distribute, publish, display, sell, license, create derivative works from, or otherwise exploit any portion of the Services or our intellectual property.

SwirlNest names, logos, product names, designs, slogans, and other brand elements are trademarks or intellectual property of SwirlNest or its licensors. You may not use them without prior written permission.

All rights not expressly granted to you are reserved.

SECTION 7 - THIRD-PARTY SERVICES AND TOOLS

The Services may include features, applications, payment services, shipping services, analytics, or other tools provided by third parties.

Third-party services may be subject to their own terms and privacy policies. We are not responsible for the independent acts, omissions, policies, or availability of third-party services that we do not control.

Your use of third-party services is at your own discretion and may be subject to additional terms imposed by the applicable third-party provider.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain links to websites or services operated by third parties.

These links are provided for convenience only. We do not control or guarantee the accuracy, availability, security, or content of third-party websites.

If you choose to access a third-party website or purchase products or services from a third party, you do so at your own risk and subject to that third party’s terms and policies.

SECTION 9 - SHOPIFY

SwirlNest uses Shopify to provide the technology and infrastructure that supports our online store.

Your purchases are transactions between you and SwirlNest. Shopify is not the seller of the products offered through our store and is not responsible for the products themselves or for the performance of our obligations to you.

To the maximum extent permitted by applicable law, you acknowledge that Shopify and its affiliates are not responsible for claims arising solely from your purchase or use of products sold by SwirlNest.

Nothing in this section limits any rights or remedies that cannot lawfully be excluded.

SECTION 10 - PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our store is powered by Shopify, Shopify and certain third-party service providers may process information necessary to operate the Services, process payments, fulfill orders, provide customer support, prevent fraud, and perform other functions.

Information may be processed or transferred internationally where permitted by applicable law.

Please review our Privacy Policy for information regarding how we collect, use, store, disclose, and protect personal information.

SECTION 11 - CUSTOMER REVIEWS AND FEEDBACK

If you voluntarily submit reviews, comments, photographs, videos, testimonials, suggestions, ideas, or other content to SwirlNest (“Feedback”), you grant SwirlNest a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, adapt, and distribute that Feedback for purposes related to operating, improving, and marketing the Services, subject to applicable law.

You represent that you have the necessary rights to submit the Feedback and that your Feedback does not knowingly violate the rights of another person or entity.

You must not submit false, misleading, fraudulent, defamatory, unlawful, or impersonated reviews or Feedback.

If you receive compensation, free products, discounts, or other incentives in exchange for a review or testimonial, you must disclose that relationship where required by law.

We may remove or decline to publish Feedback that violates these Terms or applicable law.

SECTION 12 - ERRORS AND OMISSIONS

From time to time, information on the Services may contain typographical errors, inaccuracies, omissions, or outdated information relating to products, pricing, promotions, shipping, availability, or other matters.

Where permitted by law, we reserve the right to correct errors, update information, cancel affected orders, or make appropriate adjustments.

If we cancel an order because of an error after you have paid, we will refund amounts paid for the cancelled order or affected portion, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

(a) violate any applicable law, regulation, or legal requirement;

(b) infringe intellectual property, privacy, or other rights of another person;

(c) submit false, fraudulent, or misleading information;

(d) impersonate another person or entity;

(e) interfere with the security or operation of the Services;

(f) transmit malware, viruses, or other harmful code;

(g) attempt to gain unauthorized access to accounts, systems, or data;

(h) scrape, crawl, copy, extract, or systematically collect content or data from the Services without our prior written authorization, except where such activity is permitted by applicable law;

(i) use the Services for fraudulent transactions or payment abuse;

(j) interfere with another person's ability to use or enjoy the Services; or

(k) engage in conduct that is unlawful or reasonably likely to cause harm to SwirlNest, our customers, our service providers, or third parties.

We may suspend or terminate access to the Services where reasonably necessary to protect the Services, our customers, or our business, subject to applicable law.

SECTION 14 - PRODUCT USE AND SAFETY

Our products should be used only for their intended purpose and in accordance with the instructions, warnings, manuals, and safety information provided with the product.

You are responsible for reading and following all applicable product instructions before use.

Do not use a product if it appears damaged, defective, modified, or unsafe.

You should keep electrical components, power cords, plugs, and motor bases away from water or other liquids unless the applicable product instructions expressly state otherwise.

Do not use products in a manner inconsistent with their intended design or safety instructions.

Nothing in this section limits any mandatory product safety rights or remedies available under applicable law.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services where permitted by applicable law if you materially violate these Terms, engage in fraudulent or unlawful activity, or misuse the Services.

Termination will not affect rights or obligations that arose before termination or provisions that are intended by their nature to survive termination.

Sections relating to intellectual property, privacy, feedback, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and other provisions that by their nature should survive termination will continue to apply.

SECTION 16 - WARRANTIES AND CONSUMER RIGHTS

To the maximum extent permitted by applicable law, the Services are provided on an “as available” basis.

However, nothing in these Terms excludes, limits, or modifies any warranty, guarantee, consumer right, statutory remedy, or other protection that cannot legally be excluded or limited in the jurisdiction applicable to your purchase.

Where applicable law provides mandatory rights concerning product quality, safety, conformity, durability, fitness, merchantability, description, or other characteristics, those rights remain fully applicable.

Our 90-Day Satisfaction Guarantee is a voluntary benefit offered by SwirlNest and is separate from any mandatory statutory rights available to you.

For customers in jurisdictions with mandatory consumer guarantees or legal warranties, those protections may provide remedies beyond the 90-Day Satisfaction Guarantee.

SECTION 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, SwirlNest and its owners, directors, officers, employees, affiliates, contractors, service providers, licensors, and partners will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of the Services or products purchased through the Services.

This may include, where legally permitted, loss of profits, loss of revenue, loss of data, business interruption, or other indirect losses.

However, nothing in these Terms excludes or limits liability that cannot legally be excluded or limited, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence where such exclusion is prohibited, or other liability that applicable law does not permit us to exclude.

Where a limitation of liability is permitted by law, it applies only to the maximum extent permitted.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless SwirlNest and its owners, directors, officers, employees, affiliates, contractors, service providers, and licensors from third-party claims, losses, damages, liabilities, and reasonable expenses arising directly from your material breach of these Terms, your unlawful use of the Services, or your violation of the rights of another person.

This obligation does not apply to the extent that a claim results from SwirlNest’s own negligence, willful misconduct, violation of applicable law, or other conduct for which you cannot legally be required to indemnify us.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and the remaining provisions will remain in full force and effect.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

These Terms, together with the policies and documents expressly incorporated by reference, constitute the agreement between you and SwirlNest concerning your use of the Services and supersede prior versions or communications concerning the same subject matter, except where applicable law provides otherwise.

If there is a conflict between these Terms and mandatory consumer protection law, the mandatory law will prevail.

SECTION 21 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.

We may assign or transfer our rights and obligations under these Terms as part of a merger, acquisition, restructuring, sale of assets, or similar transaction, or otherwise where permitted by applicable law.

SECTION 22 - GOVERNING LAW AND CONSUMER PROTECTION

These Terms will be governed by the laws applicable in the jurisdiction where SwirlNest is legally established, except to the extent that mandatory consumer protection laws in your country or region provide otherwise.

Nothing in these Terms prevents a consumer from exercising rights under mandatory laws of the country or jurisdiction where the consumer resides when those laws apply to the transaction.

Where applicable law provides consumers with the right to bring a claim in their local courts or before a competent consumer authority, these Terms do not remove that right.

SECTION 23 - HEADINGS

The headings in these Terms are provided for convenience only and do not affect the interpretation of the provisions contained herein.

SECTION 24 - CHANGES TO THESE TERMS

You may review the most current version of these Terms at any time on this page.

We reserve the right to update or modify these Terms from time to time.

If we make material changes, we will provide notice where required by applicable law. The updated Terms will become effective on the date stated in the updated Terms or notice.

Your continued use of the Services after the effective date of an update constitutes acceptance of the updated Terms to the extent permitted by applicable law.

Changes will not retroactively remove rights or remedies that have already accrued or that cannot legally be removed.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at swirlnesttt@gmail.com.

SwirlNest

Email: swirlnesttt@gmail.com