TERMS AND CONDITIONS


1. General Provisions


    1.1 These Terms and Conditions (hereinafter referred to as “T&C”) govern the use of the NEW WORLD GUARDIANS Online Marketplace - www.newworldguardians.com (hereinafter “Marketplace”), operated by NWG-NFT GmbH, Dr. Karl Renner Promenade 30/1/4, 3100 St. Pölten, Austria (hereinafter “NWG-NFT GmbH”).

    1.2 The Marketplace offers customers access to a wide range of sustainable, vegan, and eco-friendly products, as well as New World Guardian NFTs (hereinafter “NFTs”). By purchasing products or NFTs via the Marketplace, customers agree to these T&C, which are legally binding for both parties.

    1.3 NWG-NFT GmbH reserves the right to modify these T&C at any time. Any changes will be communicated via email or published on the website at least two weeks before they take effect. Customers who continue to use the Marketplace after such changes are made are considered to have accepted the updated T&C.
     

    2. Use of the Marketplace

    2.1 Customers can browse the Marketplace without registering. To make a purchase, customers have two options:

    • Registered Account: Customers may create an account, providing accurate and up-to-date information, to facilitate a faster checkout process and to keep track of their order history. By registering, customers confirm that they are of legal age according to the laws of their country of residence.
    • Guest Checkout: Alternatively, customers may place orders without creating an account, using the guest checkout option. When ordering as a guest, customers must still provide all necessary information for order fulfilment, such as shipping address and contact details. However, they will not be able to view their order history or manage their purchases through an account dashboard.

    2.2 Account Management: Customers are responsible for maintaining the confidentiality of their login credentials. Any unauthorized use of a customer’s account must be reported to NWG-NFT GmbH immediately. NWG-NFT GmbH shall not be liable for any losses or damages resulting from unauthorized account access unless due to NWG-NFT GmbH’s negligence.

    2.3 Multiple Accounts: Customers are limited to a single account. Duplicate accounts will be merged or removed, and NWG-NFT GmbH reserves the right to suspend or terminate accounts in cases of fraudulent or abusive behaviour.

    2.4 Prohibited Activities: Customers agree not to engage in illegal or unauthorized activities on the Marketplace, including but not limited to the sale or purchase of counterfeit goods or attempts to manipulate the Marketplace’s systems or other users.

    2.5 Newsletter and Marketing: Customers may receive newsletters and promotional communications after completing a double opt-in process. Customers can unsubscribe at any time by following the opt-out link included in all marketing emails.

     
    3. Purchasing Goods on the Marketplace

      3.1 Product Listings: All products listed on the Marketplace are offered by NWG-NFT GmbH and external vendors who commit to providing sustainable, vegan products. NWG-NFT GmbH takes steps to ensure that products meet the required sustainability criteria, but is not liable for inaccuracies in product descriptions provided by vendors.

      3.2 Pricing and Payment: All prices listed on the Marketplace are in EUR and include VAT unless otherwise specified. NWG-NFT GmbH reserves the right to adjust prices at any time, but price changes will not affect orders that have already been placed. Accepted payment methods include credit cards, PayPal, and cryptocurrency (for NFT purchases).

      3.3 Order Process: When a customer places an order, they make a binding offer to purchase the products listed. NWG-NFT GmbH will send an email confirming receipt of the order. However, the contract is not finalized until the vendor confirms the availability of the products and payment is processed.

      3.4 Purchase Agreement

      When a customer purchases a product listed on the Marketplace, the purchase contract is concluded directly between the customer and the respective vendor offering the product. NWG-NFT GmbH acts solely as an operator of the Marketplace and is not a party to the purchase contract, except in cases where NWG-NFT GmbH is explicitly listed as the seller. Each vendor is solely responsible for the fulfillment of the contract, including shipping, returns, and customer service for their products.


      4. Shipping Conditions

        4.1 Shipping Responsibilities: The Marketplace is operated by NWG-NFT GmbH, but the shipping of physical products is handled by individual vendors. Each vendor is responsible for ensuring that the goods are shipped in accordance with the terms stated at the time of purchase.

        4.2 Sustainable Shipping: Vendors are encouraged to use sustainable shipping methods and eco-friendly packaging. However, NWG-NFT GmbH cannot guarantee that all vendors will comply with this recommendation. Customers will be able to see the shipping options and costs before completing their order, and shipping terms will partly also be listed on the vendor’s product page.

        4.3 Delivery Time Estimates: Delivery times vary depending on the vendor and the customer’s location. If available, estimated delivery times will be provided at checkout, but delays may occur due to circumstances beyond the vendor’s control, such as customs processing or carrier delays. NWG-NFT GmbH is not responsible for such delays but will assist customers in resolving any issues with vendors.

        4.4 Lost or Damaged Goods: If a shipment is lost or arrives damaged, the customer must notify NWG-NFT GmbH or the vendor within 7 days of the expected delivery date. In cases of damage, the customer should provide photographic evidence of the damage. The vendor is responsible for offering a replacement product or refund in such cases.

        4.5 Non-Delivered Items: In the event that a product is not delivered, the vendor must provide proof of delivery (e.g., a tracking number or signed delivery confirmation). If the vendor cannot provide proof of delivery, the customer is entitled to a full refund, including shipping costs.

         
        5. Returns and Refund

          5.1 General Right of Return: Customers have the right to return physical goods purchased from the Marketplace within 14 days of receipt without providing a reason, as per EU consumer protection laws. The customer must notify the vendor or NWG-NFT GmbH of their intention to return the product in writing (e.g., via email).

          5.2 Exemptions from Return: The right of return does not apply to:

          • Digital Goods: NFTs and other digital assets cannot be returned or refunded once transferred.
          • Perishable Goods: Products that are perishable or have a short shelf life.
          • Custom-Made Products: Products that have been personalized or custom-made for the customer’s specific needs.

          5.3 Return Process: To return a product, the customer must follow the return instructions provided by the vendor. The product must be returned in its original condition, unused, and in the original packaging. The customer is responsible for ensuring that the product is securely packaged to prevent damage during transit.

          5.4 Refund of Shipping Costs: Customers may be entitled to a refund of the original shipping costs only if the returned product is found to be defective, damaged, or not as described in the product listing. In such cases, the vendor is also responsible for covering the return shipping costs. For returns that are based on a change of mind or buyer’s remorse, the original shipping costs will not be refunded, and the customer must cover the cost of return shipping.

          5.5 Refund Processing: Refunds will be processed within 14 days of receiving the returned product. The refund will be issued using the same payment method used for the original purchase or by a bank transaction, unless otherwise agreed upon between the customer and the vendor.

          5.6 Defective or Incorrect Products: If a product is found to be defective or does not match the description provided on the product page, the customer is entitled to request a replacement or a full refund. In such cases, the vendor must also cover the cost of return shipping. The customer should contact NWG-NFT GmbH or the vendor directly to arrange for the return and replacement or refund.

          6. Purchase and Licensing of New World Guardian NFTs

          6.1 General Terms of NFT Purchases: Customers can purchase New World Guardian NFTs via the NEW WORLD GUARDIANS mint website. Each NFT is a unique, non-replicable digital artwork tied to the Ethereum blockchain, where ownership is governed by smart contract terms. By purchasing an NFT, the customer agrees to the terms and conditions of use specified in the detailed NWG NFT Terms and Conditions, which can be accessed here: Terms & Conditions NFT

          7. Vendor Responsibilities and Sustainability

          7.1 Sustainability Standards: Vendors on the Marketplace are required to offer products that meet the sustainability and vegan standards defined by NWG-NFT GmbH. Vendors must ensure that their products comply with EU regulations, including the General Product Safety Regulation (GPSR), and that all product descriptions are accurate and transparent.

          7.2 Sustainable Shipping Practices: While NWG-NFT GmbH encourages vendors to use sustainable shipping practices, it does not guarantee that all vendors comply. Vendors must clearly communicate their shipping practices and terms.

          7.3 Vendor Removal for Non-Compliance: NWG-NFT GmbH reserves the right to suspend or terminate a vendor’s account if they fail to meet the sustainability requirements or if they misrepresent their products. NWG-NFT GmbH may take corrective action, including account suspension or permanent removal, for repeated violations.
           

          8. Termination of Services

          8.1 Customer Account Termination: Customers may request to close their account at any time by contacting NWG-NFT GmbH customer service. Account termination requests will be processed within 14 days, but all pending orders must be fulfilled before the account is deactivated.

          8.2 NWG-NFT GmbH Termination Rights: NWG-NFT GmbH reserves the right to suspend or terminate customer accounts for violations of these T&C or for engaging in fraudulent or abusive activities. NWG-NFT GmbH may terminate an account without notice in cases of severe violations.

          8.3 Vendor Termination for Misconduct: NWG-NFT GmbH may terminate or suspend vendor accounts if vendors fail to comply with the T&C, including sustainability requirements or product misrepresentation. Vendors whose accounts are terminated will lose access to the Marketplace and will be responsible for fulfilling any outstanding orders. 

          9. Terms and Conditions for Social Media Raffles


          9.1           Eligibility:
          Participation is open to all legally competent individuals with a valid residential address in any country, except employees of NWG-NFT GmbH and their immediate family members. Participants under the age of 16 must obtain parental consent to enter.

          9.2 Entry Requirements:
          To enter the raffle, participants must:

          • Like and share the specified social media post(s) on the designated platform(s).
          • Subscribe to the NWG-NFT GmbH newsletter using a valid email address.

          Multiple entries per person are not allowed unless explicitly permitted in the specific raffle rules. Automated entries or entries submitted through third-party competition services are prohibited.

          9.3 No Purchase Necessary:
          No purchase is required to participate in the raffle. Participation is free and not dependent on the purchase of products or services.

          9.4 Prize Notification:
          Winners will be selected at random and notified via the email address provided during newsletter sign-up. If no response is received within 14 days of notification, the right to claim the prize will be forfeited, and a new winner will be selected.

          9.5 Non-Cash Prizes:
          Prizes cannot be exchanged for cash or any other alternative. Prizes are awarded as described, and no changes can be made.

          9.6 Data Protection:
          By entering the raffle, participants consent to the use of their personal data for the purposes of administering the raffle, including winner notification. All personal data collected will be processed in accordance with our Privacy Policy and the General Data Protection Regulation (GDPR). Participants may unsubscribe from the newsletter at any time without affecting their raffle entry.

          9.7 Disqualification:
          NWG-NFT GmbH reserves the right to disqualify any participant who breaches these terms or engages in fraudulent activity (e.g., using false information, multiple accounts, etc.).

          9.8 Changes to the Raffle:
          NWG-NFT GmbH reserves the right to modify, suspend, or cancel the raffle at any time, without prior notice, if necessary due to unforeseen circumstances (e.g., technical failures, fraud, or legal compliance). Participants will be notified of such changes via the contact details provided.

          9.9 Social Media Platform Disclaimer:
          The raffle is in no way sponsored, endorsed, administered by, or associated with the social media platforms used for entry (e.g., Facebook, Instagram). All participants release these platforms from any liability related to the raffle.

          9.10 Liability:
          NWG-NFT GmbH is not responsible for technical issues, errors, or other problems that may result in lost, delayed, or misdirected entries. The liability of NWG-NFT GmbH is limited to the value of the prize.

          9.11 Jurisdiction and Governing Law:
          This raffle is governed by the laws of Austria, and any disputes will be subject to the exclusive jurisdiction of the courts of Sankt Pölten, Austria.

          9.12 Legal Recourse:
          Legal recourse is excluded.


          10. Liability and Dispute Resolution

          10.1 Limitation of Liability: NWG-NFT GmbH is not liable for damages resulting from the improper use of the Marketplace or technical issues outside of NWG-NFT GmbH’s control. NWG-NFT GmbH’s liability is limited to cases of gross negligence or intentional misconduct.

          10.2 Dispute Resolution Process: NWG-NFT GmbH encourages customers and vendors to resolve disputes directly. If a dispute arises, customers may contact NWG-NFT GmbH for mediation. NWG-NFT GmbH will review the issue and recommend a resolution, but does not enforce settlement agreements.

          10.3 Force Majeure: NWG-NFT GmbH is not liable for delays or failures to perform its obligations due to events beyond its control, including but not limited to natural disasters, pandemics, strikes, or governmental actions. 


          11. Data Protection and Privacy

          11.1 Data Collection and Processing: NWG-NFT GmbH collects and processes personal data in accordance with its Privacy Policy. By using the Marketplace, customers consent to the collection and processing of their data for order fulfilment, marketing, and customer service purposes.

          11.2 Third-Party Data Sharing: NWG-NFT GmbH may share customer data with vendors and payment processors as necessary to complete transactions. Customers can request access, correction, or deletion of their data by contacting NWG-NFT GmbH customer service.

          12. Final Provisions

          12.1 Governing Law: These T&C are governed by the laws of the Republic of Austria, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

          12.2 Dispute Resolution and Jurisdiction: Any disputes arising from the use of the Marketplace will be subject to the exclusive jurisdiction of the courts in St. Pölten, Austria.

          12.3 Severability: If any provision of these T&C is found to be invalid or unenforceable, the remaining provisions shall remain in effect. Invalid provisions will be replaced by valid ones that achieve the intended purpose as closely as possible.