TERMS AND CONDITIONS
Effective Date: 20.12.2024
Applicable to Transactions on: NEW WORLD GUARDIANS Marketplace
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 referred to as the “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 curated selection 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:
Products listed on the Marketplace may be offered either by NWG-NFT GmbH or by independent third-party vendors (“Brands”) who commit to providing sustainable and vegan products. NWG-NFT GmbH takes reasonable 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 may include:
-
credit cards
-
PayPal
-
other payment services available at checkout
-
cryptocurrency payments for NFT purchases where applicable.
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 the operator of the Marketplace platform 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 fulfilment of the contract, including:
-
product availability
-
order fulfilment
-
shipping
-
returns and customer service.
NWG-NFT GmbH is not responsible for the actions, omissions, or contractual performance of independent vendors beyond its role as Marketplace operator.
4. Shipping Conditions
4.1 Shipping Responsibilities:
The Marketplace is operated by NWG-NFT GmbH, but the shipping of physical products is typically 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.
As the Marketplace offers products from multiple independent vendors, items from different vendors may be shipped separately and may arrive at different times.
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 shipping options and costs before completing their order. Shipping costs are calculated based on the delivery address and displayed during checkout before payment is completed.
Brand-specific shipping conditions and dispatch times may also be listed on the respective product pages.
Detailed information can also be found in the Shipping & Delivery Policy.
4.3 Delivery Time Estimates:
Delivery times vary depending on the vendor, shipping region, and the customer’s location.
If available, estimated delivery times will be provided at checkout or on the product page. Delays may occur due to circumstances beyond the vendor’s control, such as customs processing, weather conditions, carrier delays, or peak shipping periods.
NWG-NFT GmbH is not responsible for such delays but will assist customers in resolving issues with vendors where possible.
4.4 Lost or Damaged Goods:
If a shipment is lost or arrives damaged, the customer must notify NWG-NFT GmbH or the vendor as soon as possible.
In cases of damage, customers may be asked to provide photographic evidence. The vendor is responsible for offering an appropriate solution such as replacement or refund.
4.5 Non-Delivered Items:
If a product is not delivered, the vendor must provide proof of delivery (for example a tracking number or delivery confirmation). If proof of delivery cannot be provided, the customer is entitled to a refund including shipping costs.
5. Returns and Refund
5.1 General Right of Withdrawal:
Customers have the statutory right to withdraw from purchases within 14 days of receipt of goods, in accordance with EU consumer protection laws.
Detailed conditions and procedures are described in the Return and Refund Policy.
5.2 Exemptions from Return:
The right of withdrawal does not apply to:
-
digital goods including NFTs once delivered
-
perishable goods
-
customised or personalised products.
5.3 Return Process:
To return a product, the customer must follow the return instructions provided by the vendor or NEW WORLD GUARDIANS.
Returned items must be unused, in their original condition, and in the original packaging. Customers are responsible for packaging the item securely for return shipment.
5.4 Refund of Shipping Costs:
Customers may be entitled to a refund of the original shipping costs only if the returned product is defective, damaged, or not as described.
For returns based on change of mind, original shipping costs will generally not be refunded and the customer must cover the return shipping costs.
5.5 Refund Processing:
Refunds will be processed within 14 days after the returned product has been received and inspected by the vendor.
Refunds will be issued using the same payment method used for the original purchase unless otherwise agreed.
5.6 Defective or Incorrect Products:
If a product is defective or differs materially from its description, the customer is entitled to request replacement or a full refund. In such cases the vendor must also cover the return shipping costs.
6. Purchase and Licensing of New World Guardian NFTs
6.1 Availability of NFTs
NEW WORLD GUARDIANS NFTs may be available for purchase in limited quantities.
Information about currently available NFTs can be requested directly from NEW WORLD GUARDIANS by contacting our support team.
Interested customers may request additional information regarding availability, pricing and the purchasing process via:
6.2 Purchase Process
The purchase of a NEW WORLD GUARDIANS NFT is currently conducted directly through NEW WORLD GUARDIANS.
Interested customers may contact the support team to receive detailed information regarding:
-
availability of NFTs
-
pricing
-
payment methods
-
the transfer process.
A purchase contract is concluded once payment has been received and confirmed by NEW WORLD GUARDIANS.
6.3 Transfer of NFTs
After successful payment, the purchased NFT will be transferred to the digital wallet address provided by the customer.
Customers are solely responsible for providing a correct and valid wallet address.
NEW WORLD GUARDIANS is not responsible for losses resulting from incorrect wallet addresses provided by the customer.
Ownership of the NFT is determined by the blockchain record and governed by the respective smart contract on the Ethereum blockchain.
6.4 Nature of NFTs
NEW WORLD GUARDIANS NFTs are digital collectibles created for artistic and community purposes.
They are not intended to be financial instruments, securities, or investment products.
NEW WORLD GUARDIANS makes no guarantees regarding the future value or resale value of NFTs.
6.5 Ethical Use of NFTs
NEW WORLD GUARDIANS NFTs are part of a mission that promotes compassion, sustainability and responsible innovation.
NFT holders agree not to use, license, promote, or associate NEW WORLD GUARDIANS NFTs with activities that clearly contradict these values.
This includes, but is not limited to, the promotion of activities involving:
-
cruelty to animals
-
severe environmental harm
-
illegal activities
-
industries that fundamentally conflict with the ethical mission of NEW WORLD GUARDIANS.
NEW WORLD GUARDIANS reserves the right to distance the project from such use where reasonably possible.
6.6 Additional Information
Further information regarding NEW WORLD GUARDIANS NFTs may be provided to interested customers before completing a purchase.
Customers are encouraged to request all relevant information prior to purchasing an NFT.
7. Vendor Responsibilities and Sustainability
7.1 Vendors on the Marketplace must offer products that meet the vegan and sustainability standards defined by NWG-NFT GmbH.
7.2 Vendors must comply with applicable laws and regulations including EU consumer protection and product safety regulations.
7.3 NWG-NFT GmbH reserves the right to suspend or remove vendors who fail to comply with these requirements or who misrepresent their products.
8. Termination of Services
8.1 Customer Account Termination:
Customers may request to close their account at any time by contacting customer service.
8.2 NWG-NFT GmbH Termination Rights:
NWG-NFT GmbH reserves the right to suspend or terminate accounts in cases of fraud, abuse, or violations of these T&C.
8.3 Vendor Termination:
Vendors who violate these Terms or platform standards may have their accounts suspended or permanently removed.
9. Terms and Conditions for Social Media Raffles
9.1 Eligibility:
Participation is open to individuals with legal capacity and a valid residential address, except employees of NWG-NFT GmbH and their immediate family members. Participants under the age of 16 must obtain parental consent.
9.2 Entry Requirements:
Participants must fulfil the requirements specified in the respective raffle announcement, which may include liking or sharing a social media post, subscribing to the newsletter, or completing other actions described in the raffle rules.
Automated entries or entries via third-party competition services are prohibited.
9.3 No Purchase Necessary:
Participation in raffles is free of charge and does not require a purchase.
9.4 Prize Notification:
Winners will be selected at random and notified via the contact information provided during participation. If no response is received within 14 days, a new winner may be selected.
9.5 Non-Cash Prizes:
Prizes cannot be exchanged for cash or other alternatives.
9.6 Data Protection:
Participants agree that personal data may be processed for the purpose of administering the raffle in accordance with the Privacy Policy and GDPR.
9.7 Disqualification:
NWG-NFT GmbH reserves the right to disqualify participants who violate these rules or attempt to manipulate the raffle.
9.8 Changes to the Raffle:
NWG-NFT GmbH may modify, suspend, or cancel raffles if necessary due to technical issues, fraud, or legal reasons.
9.9 Social Media Disclaimer:
Raffles are not sponsored, endorsed, administered by, or associated with social media platforms such as Instagram or Facebook.
9.10 Liability:
NWG-NFT GmbH is not responsible for technical issues or lost entries.
9.11 Jurisdiction:
Raffles are governed by Austrian law and subject to the jurisdiction of the courts of St. Pölten, Austria.
9.12 Legal Recourse:
Legal recourse is excluded where legally permissible.
10. Liability and Dispute Resolution
10.1 NWG-NFT GmbH is not liable for damages resulting from misuse of the Marketplace or technical failures beyond its control.
10.2 Customers and vendors are encouraged to resolve disputes directly. NWG-NFT GmbH may assist with mediation but does not enforce settlements.
10.3 Force Majeure:
NWG-NFT GmbH is not liable for delays or failures due to events beyond its control including natural disasters, pandemics, strikes, customs delays, or governmental actions.
11. Data Protection and Privacy
11.1 Personal data is processed in accordance with the Privacy Policy and applicable data protection laws including GDPR.
11.2 Customer data may be shared with vendors and payment processors when necessary to fulfil orders.
12. Final Provisions
12.1 These Terms are governed by the laws of the Republic of Austria, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 Any disputes arising from the use of the Marketplace shall be subject to the jurisdiction of the courts of St. Pölten, Austria.
12.3 Severability:
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in effect.
