General Terms and Conditions

This website is owned and operated by New Earth Technologies d.o.o., Ulica Vladimira Nazora 34, Zagreb, Croatia, EU, registered company in Croatia with registration number 73338321014. As a user of this website you acknowledge that any use of this website’s contents, and any transaction carried out via it, is subject to our terms and conditions:

1.General

• We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website.
• It is your responsibility to read the terms and conditions, entering into a transaction with New Earth Technologies d.o.o. will signify your acceptance to be bound by our current terms and conditions. These are the only terms on which New Earth Technologies d.o.o. products may be purchased, offered or provided. Any attempt by the customer to use its own terms and conditions of purchase shall be void.
• These terms and conditions will apply to all transactions placed online, by e-mail, telephone or by post with New Earth Technologies d.o.o.. Please read the terms and conditions carefully before placing any order. All transactions with New Earth Technologies d.o.o. will be governed by these terms and conditions.
• Failure or delay by Icon New Earth Technologies d.o.o. in enforcing or partially enforcing any provision of terms and conditions shall not be construed as a waiver of any rights.

2.Definitions

• All references to the ‘company,’ ‘us,’ ‘our,’ ‘we’ means New Earth Technologies d.o.o.
• All references to ‘you,’ ‘your,’ the ‘user’ or the ‘customer’ mean the person or persons, using the website, making a transaction such as a donation or purchasing goods or agreeing to purchase goods, from Icon Lifesaver Ltd.
• All references to the ‘Website’ shall include a reference to all URLs owned by New Earth Technologies d.o.o.
• ‘Transaction’ means any donation made by, or contract to purchase goods entered into by, a user of the website with New Earth Technologies d.o.o.
• ‘Communications’ includes communication by telephone, fax, email, mobile phone text message, and postal or courier service.
• ‘Goods’ means goods purchased by you from New Earth Technologies d.o.o.

3.Jurisdiction, Territorial Limitations & Severability

• All transactions shall be governed by and construed in accordance with EU Law and any dispute between the user and New Earth Technologies d.o.o. . will be resolved exclusively in the courts of EU. Nothing in these terms and conditions will be deemed to affect your statutory rights under EU laws.
• If any part of these terms and conditions is held by any court of EU to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

4.Order processing, pricing, point & time of contract

• Orders – We are pleased to accept orders by any of the following methods: Online transaction (secure server), e-mail (unsecure), telephone, post, or fax. All credit/debit card transactions are subject to validation checks and are authorized by the card issuer. We accept MasterCard, Visa, Delta, Maestro, Solo, and Paypal. If the issuer of your card refuses to authorize payment to us, we will not be liable for any delay and/or non-delivery of your order. No orders will be accepted or processed without a valid card payment in the name of the registered cardholder.
• No order shall be deemed to be accepted by New Earth Technologies d.o.o. until a written acceptance of the order is issued by New Earth Technologies d.o.o. or (if earlier)New Earth Technologies d.o.o. commences fulfilling the order in whole or in part.
• All prices are subject to change without prior notice.
• Pricing and Print Errors – Prices and specifications are checked to the best of our ability, and whilst every effort has been made to make them accurate, no responsibility will be accepted for errors and omissions. We reserve the right to alter our prices and specifications without notice.
• A transaction is concluded and creates a time of contract when New Earth Technologies d.o.o. receives your cleared funds for the donation or purchase is made. All contracts occur at the place of processing which is at New Earth Technologies d.o.o., Ulica Vladimira Nazora 34, Zagreb, Croatia, EU.

5.Payment terms and title to goods

• Ownership of Goods – All items supplied to the customer remain the property of Icon New Earth Technologies d.o.o. until final payment of all sums owing in respect of those goods has been received in full by us. New Earth Technologies d.o.o. shall not be deemed to have received any payments until cleared funds are received. Upon full payment New Earth Technologies d.o.o. will despatch the goods to you and the title to those goods passes to you upon delivery.
• In accordance with our Privacy Policy Terms & Conditions and to ensure that your[credit, debit, charge card or PayPal account is not being used without your consent, we will validate the name, address, and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
• With the exception of VAT, the price is exclusive of any applicable sales taxes, any other charges (including bank charges), taxes and import and export duties, all of which the customer shall pay in addition when it is due to pay for the goods.

7.Returns Policy

8.Customer Feedback, Compliments & Complaints

• Up to 3 months after receiving your goods we may send you a communication inviting you to review your purchased goods or our customer service, such communications shall comply with our Privacy Policy Terms & Conditions.
• Any complaint or compliment can be sent to our Customer Service Department. We will endeavor to deal with your complaint within five business days of the deemed day of receipt. In the event where we cannot resolve your complaint immediately, we will advise you within 14 business days of the steps we will undertake and the likely timescale of those steps, keeping you informed of any investigation we conduct into your compliant, so far as we are permitted to do so by the laws of England.

9.Limitations on Liability & Indemnity

• Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under EU.
• We will use reasonable endeavors to verify the accuracy of any information on the website but we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the website.
• We make no warranty that the website or the server that makes it available, are free of viruses, or that its content is accurate. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on the website.

• New Earth Technologies d.o.o. employees or agents are not authorized to make any representations or warranties concerning New Earth Technologies d.o.o. Products including but without prejudice to the generality of the foregoing the quality of the Products fitness of the Products for a particular purpose of the customer or their compatibility with any other products unless (a) confirmed in writing in a contract or (b) agreed between the parties in writing by way of variation of a contract and these terms and conditions. In entering into a transaction with New Earth Technologies d.o.o. the customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

• Any advice or recommendation is given by New Earth Technologies d.o.o. or its employees or agents to the customer or its employees or agents as to the storage, application, or use of New Earth Technologies d.o.o. Products, which is not (a) confirmed in writing in a contract or (b) agreed between the parties in writing by way of variation of a contract and these terms and conditions is followed or acted upon entirely at the customers own risk and accordingly New Earth Technologies d.o.o. shall not be liable for any such advice or recommendation which is not so confirmed.
• We will not be liable, in contract, or tort (including, without limitation, negligence), other than where we have been fraudulent or made negligent misrepresentations.
• Notwithstanding the above, our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall, in any event, be limited to a sum equal to the amount paid, or payable by you, for the goods purchased from us by a transaction.
• This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights, under EU law.
• In accordance with our Privacy Policy Terms & Conditions we will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you to us.

10.Force Majeure

• We shall not be liable or be deemed to be in breach of contract by reason of any delay in performing or failure to perform any of our obligations where such delay or failure is due to any cause beyond our reasonable control, and in such circumstances, we shall be entitled to a reasonable extension of time for performing such obligations. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control; Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Icon Lifesaver Ltd. or of a third party); difficulties in obtaining raw materials, labor, fuel, parts or machinery; power failure or breakdown in machinery, material breach of contract or other default of our suppliers or sub-contractors. If by reason of such circumstances it shall become impossible within a reasonable time for us to wholly or partly supply the items ordered then the customer’s liability will be limited to the value of the items already supplied together with any associated reasonable delivery charges.

11.Privacy Policy & Security

• Please see our Privacy Policy Terms & Conditions.
• We endeavor to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence.

12.Intellectual Property Rights

• You acknowledge and agree that all copyright, trademarks, and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times our property. We do not give any implied license for the use of the contents of this website.
• You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the content of this website is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property.

13.Consumer Protection (Distance Selling) Regulations 2000

• You have a right to cancel your order within seven business days following the day after the date of delivery of your goods purchased via a transaction with us, for any unused item purchased through our website under the distance selling regulations for a refund.
• Should you wish to cancel any order, you can e-mail, fax, or write to us quoting your order number. All goods are returned at your own expense unless the item is deemed faulty and our warranty under clause 8 applies, in which case we will refund the cost on receipt of the goods.
• Providing the goods are received back in an unused condition and in their original packaging with all accessories, you will receive a refund within thirty business days of receipt of the goods by us.

14.Third Party Rights

• The Contracts (Rights of Third Parties) Act 1999 will not apply to this Agreement and no person other than the Parties will have any rights under it. The terms of this Agreement may be varied, amended, or modified or this Agreement may be suspended, canceled, or terminated by agreement in writing between the Parties or this Agreement may be rescinded (in each case), without the consent of any third party.