Terms and Conditions
Last updated: June 1st., 2021
Please read these terms and conditions carefully before using Our Service.
TERMS AND CONDITIONS OF SALE AND USAGE OF NEWTON-RIDER PRODUCTS
PLEASE READ THE TERMS OF SALE THOROUGHLY BEFORE ANY PURCHASE OF OUR PRODUCTS. BY PURCHASING PRODUCTS FROM NEWTON-RIDER, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS. YOU ARE ALSO REPRESENTING AND WARRANTING THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR PLACE OF RESIDENCE TO PURCHASE AND USE OUR PRODUCTS. IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT PURCHASE NEWTON-RIDER’S PRODUCTS.
The products offered in our online store are for retail sales to private consumers only and not for resale. If you are a business and interested in our products oil a B2B manner, please contact Newton-Rider at: email@example.com
1. ORDERS AND PRE-ORDERS
2. YOUR PAYMENT
By providing a payment card, you represent and warrant that you are authorized to use the payment card and agree to charge your payment card for the total amount of your order (including all applicable taxes and other charges). If the payment information you supply us is rejected or we cannot process your transaction, your order may be canceled, delayed or suspended. It is your responsibility to resolve any payment problems Newton-Rider encounters while processing your order. If you wish to alter, amend, or change your payment information, you can do so at any time by emailing us at: firstname.lastname@example.org
3. PRICING, PROMOTIONS, AVAILABILITY AND ORDER CANCELLATION.
All Products offered on Newton-Rider’s site are subject to availability, and we reserve the right to place any form of limitations on any order, to reject all or part of an order and to discontinue offering certain products without prior notice. Prices for our products are liable to change at times, but changes will not affect any order(s) you have already placed.
Any special offers are subject to availability. Not valid on or to prior purchases, taxes or shipping and processing charges. Special offers cannot be combined with any other sale, promotion, discount, code, coupon and/or offer. If discount odes include no expiry date, the promotion will end 6 months after it has been published or provided.
Offers cannot be partly or fully exchanged for cash. Returns of any portion of the purchase requires equal forfeiture of offer or amount equal to offer. Newton-Rider has the right to modify or end any promotion at any time. Other restrictions may apply at our convenience.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:
Errors in the description or prices for Goods
Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected
4. SHIPPING OF PRODUCTS
Prices for the products offered for sale in our online store do not include shipping costs. Our delivery charges and methods are as described on our website. Responsibility for products purchased from our online store will pass to the purchaser at the time of delivery by Newton-Rider and it’s fulfilment partners or to the freight carrier, but Newton-Rider will be responsible for any product loss or damage that occurs during the products transit to you.
All information, safety warnings, packaging, instructions, in-box materials, mobile apps, and support services are provided only in English. You are responsible for complying with all applicable laws and regulations of the country for which the product is destined. Newton-Rider is not liable or responsible if you break any such law.
5. RETURNS AND REFUNDS
You are eligible to return or exchange anything you bought from us. You have 30 days from the date of shipping to make sure what you ordered from Newton-Rider is to your satisfactory. If you aren’t satisfied with your purchase, you can return your order for a refund, store credit, or exchange it for another product. Any product you return needs to be in new condition, with the original tags and packaging, and needs to be returned to us before the 30-day return window expires. You are fully responsible for return shipping and any damage that might occur to the product during its return. Please pack and ship it with care like we do. Newton-Rider reserves the right, at our sole discretion, to determine whether a returned product is in new and original condition.
6. LIMITED WARRANTY
Newton-Rider warrants all products sold by Newton-Rider to be free of defects in material and workmanship for a duration of one (1) year from the date of purchase unless otherwise specified on the product. If a product is found to be defective by Newton-Rider, in its sole discretion, Newton-Rider’s only obligation will be to repair or replace the defective product. Newton-Rider will not be responsible for any costs, any losses, any damages or injuries, incurred as a result of the loss or use of any of our products, and Newton-Rider specifically disclaims all claims for consequential and incidental damages.
This limited warranty is subject to several essential restrictions:
This limited warranty only applies to products purchased directly from Newton-Rider or from a Newton-Rider Authorized Partner.
This limited warranty is only valid for the original Newton-Rider purchaser, and it cannot be transferred to another person upon the sale, transfer or lease of the product.
The standard warranty period begins from the date of purchase and requires proof of purchase for those without registration. If registration is offered on our website and is done within 30 days of purchase, standard warranty period will be provided on the date of registration.
Any replacement of product can only be provided within the country of purchase.
This limited warranty do not cover normal wear and tear.
This limited warranty do not apply to anything other than defects that have occurred in the manufacturing and workmanship of the product.
The limited warranty is waived in the event of (i) any repair or modification done in any way by any person other than by Newton-Rider. (ii) Any damage through misuse, malicious acts, accident, negligence, natural calamities, physical force or misapplication of electricity. (iii) Any attempt to combine the product with any third party product (like cameras, sealants, custom helmet pads, wings, rocket engines, etc).
In case a helmet shows a defect within 30 days of arrival, Newton-Rider will issue a replacement and cover the shipping fees to return your original helmet. Beyond this period, but within warranty, we will either replace or repair your defective helmet. You will only have to cover the shipment fees when returning your product to us. We will ship the repaired or replaced helmet back to you at the cost of Newton-Rider, once your returned helmet has been inspected and is concluded to have a defect.
For helmets purchased online from Newton-Rider partners, information provided need to be identical to that on the receipt. If there are any inconsistencies between the provided information and the receipt information, the receipt information shall prevail.
To obtain warranty service, you must first contact Newton-Rider in order to determine the problem and the most appropriate solution for you.
Your use of our products is at your own discretion and risk. You will be solely responsible for (and Newton-Rider disclaims) any and all loss, liability or damages resulting from your use of our products, including personal injury, loss of life, or the loss of or damage to any hardware, computer, mobile device, and all other type of property. Newton-Rider does not promise or guarantee any specific level of performance associated with the use of its products or any feature of them.
ALL WARRANTIES IMPLIED BY ANY STATE LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY LIMITED TO THE DURATION OF THE LIMITED WARRANTY. SOME STATES IN THE U.S DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WITH THE EXCEPTION OF ANY WARRANTIES IMPLIED BY STATE LAW AS HEREBY LIMITED, THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, AGREEMENTS AND SIMILAR OBLIGATIONS OF SELLER OR MANUFACTURER .
7. GDPR, DATA COLLECTION & USAGE
Nothing in these Terms & Conditions and in particular within this "Limitation of Liability" section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) NEWTON-RIDER BE ACCOUNTABLE FOR ANY INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST PROFITS, LOST DATA OR, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF NEWTON-RIDER KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) NEWTON-RIDER’S TOTAL CUMULATIVE LIABILITY ORIGINATING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO NEWTON-RIDER OR NEWTON-RIDER’S AUTHORIZED PARTNERS FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6) MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. NEWTON-RIDER DISCLAIMS ALL ACCOUNTABILITY OF ANY KIND OF NEWTON-RIDER’S SUPPLIERS AND LICENSORS.
9. IN CASE OF DISPUTES
Any dispute relating in any way to your use of our products or these Terms and Conditions, shall be submitted to confidential arbitration in Copenhagen, Denmark, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court having jurisdiction. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the country and federal courts of Denmark. Arbitration under these Terms and Conditions shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the Danish Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class action proceedings or otherwise. You agree that without regard of any statute or law to the contrary, any claim or cause of action stemming out of, related to or connected with the sale or use of Newton-Rider’s products or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever banned. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future or other waiver.
10. THE CHOICE OF LAW
All matters relating to these Terms and Conditions and any dispute or claim arising under or relating to the products or these Terms, shall be governed by and construed in accordance with the internal laws of Denmark without giving effect to any choice of law provision of rule.
11. FORCE MAJEURE
You agree that Newton-Rider is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to war, riots insurrection, crime, terrorism, labor shortages (including lawful and unlawful strikes), postal disruption, embargoes, failure or shortage of infrastructure, communication disruption, shortage of materials, or any other event that is beyond our control.
In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of these Terms and Conditions are deemed to conflict with each other’s operation, Newton-Rider shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under these Terms and Conditions as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms and Conditions or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
You may not assign your rights and/or obligations under these Terms and Conditions to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms and Conditions to any other party at our discretion.
15. RE. CALIFORNIA USERS AND RESIDENTS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Newton-Rider must be addressed to Newton-Rider for notice and sent via certified mail to email@example.com. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions about these Terms and Conditions, You can contact us:
By email: firstname.lastname@example.org