These Terms of Sale ("Terms of Sale") shall apply to NEWA Inc.’s ("NEWA") online store ("Store") located at https://mynewa.com/terms-and-conditions/ ("Web Site"). These Terms of Sale cover your access and use of the Store.
By checking "I agree", you acknowledge that you have read these Terms of Sale, understand them, and agree to be bound by them. If you are unwilling to accept all of the Store Policies, you should not check the "I agree" checkbox where applicable nor access, browse and/or use the Store.
NEWA reserves the right, in its sole discretion, to revise or modify these Terms of Sale at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms of Sale periodically. Your access to the Store after a change or modification of these Terms of Sale has been made will constitute your acceptance of the revised Terms of Sale. If in NEWA’s sole discretion it deems a revision to these Terms of Sale to be material, it will notify you via the Store and/or by e-mail to the e-mail address associated with your Account (as such term is defined below). If you do not agree to the Terms of Sale, your only remedy is to terminate your Account and discontinue your use of the Store.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
To qualify for wholesale purchases, you must be a valid retail business and by agreeing to these Terms of Sale you certify that you are such. You are only authorized to sell through the retail store that you have listed. Additional stores, as well as website and online sales must receive NEWA’s prior written approval. You may not access the Store if you are a direct competitor of NEWA or for purposes of monitoring its availability, performance, functionality, product offerings and pricings or for any other benchmarking or competitive purposes.
You declare that by acceptance of these Terms of Sale and/or by accessing or purchasing products, you are of legal age to form a binding contract with NEWA. If you are accepting these Terms of Sale on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to the terms and conditions contained herein. You may not access and purchase products from the Store if you are an entity and/or person barred from accessing and using the Store under the laws of the country in which you are established or from which you use the Store.
1. The Store1.1 The descriptions setting out the features and products of the Store have been set out at NEWA’s Web Site. Access to the Store is provided through the Website. NEWA’s Store permits wholesalers to browse, view, acquire, purchase, and rate and review NEWA’s products.
1.2 Subject to your compliance with these Terms of Sale and the Store Policies and your payment of any applicable fees, NEWA grants you the limited, non-exclusive and non-transferable right to access, browse and purchase products from the Store for resale to your customers.
The license does not include any collection and use of any product listings, descriptions, or prices; any derivative use of any NEWA contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
1.3 You shall not sell NEWA’s products on any third party websites, including bidding or auction style sites, regardless of whether a bid pricing formula or fixed pricing formula is used. Products sold to you are for resale at retail only and may not be redistributed or sold at wholesale.
1.4 Product Display and Colors. NEWA attempts to display product colors and images accurately but cannot guarantee that the color you see on your screen will exactly match the product’s color.
1.5 Errors in Store Presentation. NEWA works hard to publish information accurately, update the Store regularly, and correct errors when discovered. However, any of the content in the Store may be incorrect or out of date at any given time. NEWA reserves the right to make changes to the Store at any time, including to product prices, specifications, offers and availability.
2. Access to the Store
2.1 It is your responsibility to ensure that your computer or mobile device meets all the necessary technical specifications to enable you to access the Store. NEWA does not provide you with the equipment to access and/or use the Store. You are responsible for all fees charged by third parties related to your access and use of the Store (e.g., charges by third party service providers, Internet service providers or airtime charges).
2.2 In using the Store, you will adhere to all applicable laws including but not limited to import laws and regulations and laws regarding the transmission and distribution of information or material over the Internet, privacy rights and data protection, and will otherwise adhere to generally accepted standards of usage. You shall be fully responsible to obtain and provide for yourself, at your cost, with any and all licenses, permits, certificates and all other documentation and information required in order to access and use the Store.
2.3 As a condition of your use of the Store, you warrant that you will not use the Store for any purpose that is unlawful or prohibited by these Terms of Sale or any other terms that apply to your use of the Store. You may not use the Store in any manner that could damage, disable, overburden, or impair any NEWA server, or the network(s) connected to any NEWA server, or interfere with any other party's use and enjoyment of the Store. You may not attempt to gain unauthorized access to the Store, other accounts, computer systems or networks connected to any NEWA server or to the Store, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store. You may not use the Store in a way that infringes rights of third parties, including willfully harming a person or entity, including NEWA. Except as specifically permitted herein for the resale by you to your customers, you may not commercially distribute, publish, license, or sell any products, information or services obtained from the Store.
2.4 Termination of Access or Use. NEWA may terminate your Account or use of the Store at any time for any reason, including, without limitation, if you are in breach of these Terms of Sale, or if the Store is no longer operated by NEWA. By using the Store, you agree to be responsible (in accordance with these Terms of Sale) for any orders you make or charges you incur prior to such termination. NEWA may change, discontinue, or otherwise suspend the Store at any time, for any reason, and without prior notice to you.
3. Account Registration
3.1 In order to access and use the Store you will be required to open an account ("Account"). You must complete the registration process by providing NEWA with current, complete and accurate information required by the applicable registration form ("Login Information"). During the process of creating an Account in order to access the Store, you may be required to select a password. The following rules govern the security of your Account and Login Information. You acknowledge and agree that NEWA may approve or reject any application for an Account at its sole discretion. An Account will only be established after you receive a confirmation e-mail from NEWA confirming the Account registration process has been successfully completed and approved. NEWA will make an assessment as to your eligibility for a wholesale account based on the information provided and on other criterias including, but not limited to, other products and brands stocked by your store, brand profile and physical proximity to other potential or confirmed NEWA wholesalers.
For the purposes of these Terms of Sales, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Store, that are used to access the Store:
- You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of the Account;
- In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify NEWA and modify your Login Information;
- You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
- You are responsible for anything that happens through your Account, whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms of Sale or is otherwise improper or illegal;
- You undertake to monitor your Account and restrict use by any individual barred from accepting these Terms of Sale and/or using the Store, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Store by any of the above mentioned;
- NEWA reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party's rights.
4. Prices and Payment Terms
4.1 The products, as well as prices, specifications, quantities, delivery times and other relevant issues related to the products shall be as quoted in our Store from time to time, except in cases of obvious error.
4.2 Unless stated otherwise, prices shown in the Store exclude taxes or charges (collectively, "Taxes") that may apply to your purchase. Prices shown in the Store also exclude shipping and delivery costs. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. You are solely responsible for paying such Taxes and costs.
4.3 Sales Tax. We may be required by law to collect state sales tax on orders being shipped to and within certain states. If applicable, sales tax will be assessed on the total purchase, including shipping and handling charges.
4.4 All orders have a minimum quantity requirement. The current requirement is of ten) products or ten (10) gels. NEWA reserves the right to update such minimum quantities.
4.5 NEWA may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products are not available, or for pricing or other errors. In the event of pricing or other errors, NEWA reserves the right, in our sole discretion, to either (a) cancel your order or purchase; or (b) contact you for instructions.
4.6 If we have a retail store in your state, the prices, product selection and promotions offered there may be different from those on the Store. To the extent permitted by applicable law, NEWA does not guarantee that a price, product or promotion offered online will also be available or honored at a retail store or vice versa.
4.7 The Store does not have a price match guarantee. NEWA will not match the advertised price other retailers offer for the same items.
4.8 Payment Method. NEWA may accept payments made by credit card, wire transfer, debit cards or other online payment services (such as “PayPal”) all as shall be detailed during the payment process in the Store. All payments to be made by you, must be made in cleared funds, meaning without any deduction or set-off, even if some portion of the amount paid by you is required by any bank, or governmental, fiscal or other authority. If you are required to make any such deduction, you must pay such additional amounts as are necessary to ensure NEWA’s receipt of the full amount charged.
NEWA may use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use billing information except for the sole purpose of credit card processing on NEWA’s behalf.
5. Shipping Policy
5.1 We are proud to offer standard ground shipping when shipped within the contiguous USA. The costs of shipping shall be detailed on the check-out page. However, available products may vary depending on your state or product. In addition, there may be other limits on where we can ship products. To complete your purchase, you may be required to have a valid billing and shipping address.
5.2 We apologize, but we currently only ship to the U.S. For clients outside the U.S., please visit a retailer in your area.
5.3 For your protection, we are unable to ship to P.O. Boxes.
5.4 Standard Ground Shipping. Orders ship within 3-4 business days after your order is placed and accepted by us. Transit times are calculated as Monday through Friday and do not include the ship day, weekend days or federal holidays.
5.5 Most orders are processed within 24-72 hours of receipt (processing time does not include weekend days or federal holidays). Orders placed on Saturday and Sunday will be processed on the following Monday.
5.6 Products acquired from the Store may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.
6. Return Policy [Internal Note: This is based on what currently appears in the company’s website]
6.1 NEWA provides exchanges on products that make up your wholesale order if returned within 30-days of purchase and are shown to be faulty, damaged or incorrect.
6.2 All product shipments should be inspected immediately upon their arrival. If you received your product damaged during shipping, please save the damaged box and product(s) and initiate a return.
6.3 Please retain your proof of purchase, as it is required for all returns. Once the returned item is received, your purchase will be returned.
6.4 To initiate the return process, please contact firstname.lastname@example.org for a Return Authorization ("RA") request. Product(s) returned without a RA number will not be accepted.
6.5 It is the responsibility of the sender to provide valid tracking information if confirmation of return is disputed. NEWA does not assume responsibility for lost or stolen product(s) being returned without a RA number. Send via an insured method and forward tracking details to email@example.com.
6.6 Please allow 3-5 business days to inspect your product(s). If purchased directly from NEWA and if a refund is applicable, credit will be applied back to the original method of purchase.
6.7 Please note that NEWA does not permit the return of:
- Items that are not defective;
- Products returned without a valid itemized receipt;
- Shipping charges;
- Products returned without an RA number will not be accepted.
6.8 For wholesale customers, please note that all sales are final. Wholesale merchandise may not be returned. We only accept returns in the case of defective merchandise as noted above.
7. Product Support by You to Your Customers
7.1 You are responsible as the first point of contact for providing product technical support to your customers in accordance with NEWA’s requirements and applicable law.
7.2 You will establish and operate a direct line of communication to NEWA in all matters relevant to vigilance and/or post-market surveillance concerning the products (including early warnings or signals) in accordance with all applicable laws.
7.3 You will provide technical support to your customers on the correct use of the products based on the information supplied by NEWA.
7.4 You will report to NEWA any customers’ feedback relevant to safety and performance of the products and the occurrence of any Serious Complaints will be reported within three (3) calendar days of receipt to NEWA.
"Serious Complaints" shall mean any information that might relate to a significant failure in the quality of the products, or might lead to significant adverse public or media comment, or otherwise significantly adversely affect NEWA's reputation or business.
7.5 You will, in your promotional literature, provide information to your customers so that they will know that the warranty claims should be referred to you for processing. On receipt of a warranty claim by your customer, you will be responsible for: (i) verifying that the warranty claim is timely made, and (ii) communicating such claim to NEWA. You will maintain, at all times, a sufficient inventory of products to satisfy the warranty claims made by your customers.
8. NEWA Product Warranty and Disclaimers
8.1 EndyMed Medical Ltd., the manufacturer of NEWA products, is committed to the quality of its products and each NEWA product is rigorously tested for quality and performance.
8.2 The NEWA products detailed in the Store are covered by a one-year manufacturer’s warranty from the date of your original purchase. This warranty covers defects in materials and workmanship. It does NOT cover cosmetic deterioration caused by fair wear and tear, or damage caused by accident, misuse or neglect. Any attempt to open or take apart the device will void the warranty.
8.3 The warranty implies the revision and replacement of parts free of charge within the one-year warranty period (unless an extended warranty was purchased). EndyMed Medical Ltd. will fix your device unless we decide it needs to be replaced, in which case we will send a new product. Shipping costs for repaired and/or new products will be billed to Customer free of charge. Warranty is only available to customers who purchased NEWA through the Store or from authorized vendors. If you need to use your warranty, please call our Customer Support Team at 800-314-7508 and send your device along with the original receipt or invoice to the given address.
8.4 To the maximum extent permitted by applicable law, the store and any information provided in the store is provided on an “as is” and “as available” basis and newa and its affiliates hereby disclaim all warranties and conditions, either express, implied or statutory, including without limitation, any (if any) implied warranties or conditions of merchantability, fitness for a particular purpose, integrity of data or that the store will perform error-free or uninterrupted.
8.5 to the extent that newa may not disclaim any warranty as a matter of applicable law, the scope and duration of such warranty will be the minimum permitted under such law.
8.6 Newa attempts to ensure that the contents of the store are accurate and current at the time they are published. Prices of products, postage and handling fees, and other charges displayed in the store are current at the time of display and are subject to variation without notice. Newa will attempt to be as accurate as possible with our product descriptions and other product information. However, newa is unable to warrant that product descriptions or other content of the store is accurate, complete, reliable, current or error free.
8.7 Newa does not guarantee the accuracy or timeliness of information available from the store. you acknowledge that computer and telecommunications systems are not fault-free and occasional downtime occurs. Newa does not warrant that access to the store will be uninterrupted, error-free or secure.
9. Limitations of Liability
9.1 NEWA strives to keep its Store secure, but cannot guarantee that it will always be successful at doing so, given the nature of the Internet. Accordingly, NEWA will have no liability to you for any unauthorized access, copying or use of your Account and/or information, or any resulting corruption, deletion, destruction or loss thereof.
9.2 In no event shall newa or anyone on its behalf be liable for any indirect, consequential, incidental, special or punitive damages of any kind, including without limitation damages for loss of business or profits, business interruption, loss of business information or loss or damages to goodwill, in connection with these terms of sale and/or the store regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if newa has been advised of the possibility of such damages or loss.
9.3 notwithstanding anything to the contrary herein, under no circumstances will newa’s total and aggregate liability to you from all causes of action of any kind, including without limitation contract, tort, negligence, strict liability, breach of warranty, or otherwise, arising out of or related to the these terms of sale and/or the store, exceed the price of the product purchased in the store (if any) actually paid by you to newa giving rise to such claim.
9.4 the existence of multiple claims will not expand this limit. the limitations and exclusions of liability in this section will apply even if an exclusive remedy under these terms has failed of its essential purpose.
10. Intellectual Property Ownership
10.1 NEWA shall own all intellectual property rights in and to the products, including any copyright, patent, trademark, design right, trade secret and any other intellectual property rights whether or not capable of registration.
10.2 All content included in or made available through the Store, including but not limited to text, graphics, logos, button icons, images, data compilations, and software is the property of NEWA and protected by United States and international copyright laws. The compilation of all content included in or made available through the Store is the exclusive property of NEWA and protected by United States and international copyright laws. You hereby agree not to reprint, post, or copy (including electronic or digital scans) any photography, sales materials, or product designs without the prior written consent of NEWA.
10.3 In addition, graphics, logos, page headers, button icons, scripts, and product names included in or made available through the Store are trademarks or trade dress of NEWA in the United States and other countries. NEWA's trademarks and trade dress may not be used in connection with any product or service that is not NEWA's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NEWA.
11.1 Records. You are required to maintain complete sales records showing all products sold to your customers, the purchase price of such products, the date of such sale, and to whom they were sold (including names and addresses). You shall permit NEWA to inspect such records upon reasonable request, to the extent NEWA requires such information in order to comply with its regulatory requirements.
11.2 Governing Law and Jurisdiction. Regardless of where you are located, these Terms of Sale are governed by the laws of the State of New Jersey, without application of its principles of conflicts of law. The parties irrevocably consent to the exclusive jurisdiction of the competent courts in New Jersey, to adjudicate all disputes arising from or related to these Terms of Sale to the exclusion of the jurisdiction of any other court; however, NEWA shall retain the right to institute proceedings, including interlocutory and/or injunctive relief, in any other territory. The parties further agree that the United Nations Convention on the International Sales of Goods shall not apply to these Terms of Sale.
11.3 Force Majeure. NEWA reserves the right to defer the date of delivery or to cancel an order for all circumstances beyond its reasonable control, including but not limited to any strike, lockout, disorder, fire, explosion, pandemic or epidemic, accident or stoppage of or affecting our business or work and which prevents or hinders the delivery of the products.
11.4 Assignment. You shall not transfer, assign or pledge in any manner whatsoever any of your rights or obligations under these Terms of Sale without the prior written consent of NEWA. NEWA may assign, transfer, or otherwise dispose of its rights and obligations under these Terms of Sale, in whole or in part, at any time without notice.
11.5 Severability. If any term, provision, covenant or restriction of these Terms of Sale is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against regulatory or public policy, the remainder of the terms, provisions, covenants and restrictions of these Terms of Sale shall in no way be affected, impaired or invalidated.
11.6 Claims. You must bring any claim related to these Terms of Sale or the Store within one (1) year of the date you could first bring the claim, unless applicable law requires a longer time to file claims. If it isn't filed in time, the claim is permanently barred.
11.7 Entire Agreement. The terms and provisions herein contained constitute the entire agreement between the parties with respect to the subject matters hereof and shall supersede all previous communications, oral or written, between the parties hereto with respect to the subject matters hereof. The Terms of Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Please review the Terms of Sale each time you visit the Store. NEWA recommends that you save or print a copy of the Terms of Sale for future reference when you acquire something.
11.8 Waiver. No waiver of any rights by NEWA hereto shall be construed as a waiver of the same or any other right at any prior or subsequent time. Furthermore, no waiver or delay on the part of NEWA in exercising any power or right hereunder, and no forbearance or indulgence of NEWA granted to you, shall in any way restrict or diminish the full rights and powers of NEWA under these Terms of Sale, or operate as a waiver of any breach by you of any of the terms or conditions of these Terms of Sale.
11.9 Notices. Any notice provided pursuant to these Terms of Sale shall be in writing and shall be sent by registered mail, or e-mail with notice of receipt requested, or by hand delivery to the addresses of the parties as specified herein. Notices sent to NEWA shall be addressed to NEWA Inc., 4400 Freehold Route 9, New Jersey and to your address set forth in the Account, or to the address otherwise designated from time to time in writing by the parties. All notices will be deemed to have been delivered five (5) business days after being mailed (return receipt requested) if delivered by registered mail, or one (1) business day after delivered by hand or by e-mail (with confirmation of receipt).
Notices to you may be made via the Store and/or e-mail. NEWA may also provide notices of changes to these Terms of Sales or other matters by displaying notices or links to notices to you generally on the Website and/or in the Store. Any and all e-mail notices sent to you will constitute sufficient and effective delivery and notice to you, whether or not you access or review the notice and shall be deemed to have been delivered to you, whether actually received by you or not.
Applicable laws may require that some of the information or communications we send to you should be in writing. When using our Store, you accept that communication by NEWA to you will be electronic. NEWA will contact you by e-mail or provide you with information by posting notices on the Website and/or in the Store. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that NEWA provides to you electronically comply with any legal requirement that such communications be in writing.
Last Modified: April, 2021.