Terms of service

1. GENERAL AGREEMENT

SIA "LS Coffee" (Latvia), registration No. 50203298241, address: Grēcinieku Street 7, Riga, LV-1050, Latvia, hereinafter – New Earth, provides on the website www.newearth.health, hereinafter – the Website, the available content and services in accordance with the terms and conditions outlined below, delivery terms, return policy, other terms and conditions and operating policy, descriptions of which are found on the Website, in relation to certain features, elements or advertising, and provides a customer service department, and all of the foregoing is included in these terms and conditions (collectively referred to as the Terms and Conditions) and forms part thereof. By logging in to the E-SHOP section of the Website, you confirm that you have read these Terms and Conditions, understand them, and agree to comply with them without limitation.

If a consumer, using the Internet, purchases dietary supplements offered for sale on the New Earth Website, hereinafter – the Goods, such mutual agreement is considered a Distance Contract and is subject to the laws of the Republic of Latvia governing Distance Contracts, including, but not limited to, the Republic of Latvia Consumer Rights Protection Law and the Cabinet of Ministers Regulations “Regulations on Distance Contracts”.

If a customer who has ordered and purchased a product on the Website lacks legal capacity and/or legal competence, the legal representative of that person (e.g., parents, guardians) is responsible for ordering and paying for the product. In the aforementioned case, the order cannot be revoked, and the purchase price is non-refundable.

A Distance Contract for the purchase of the Goods is deemed concluded at the moment of payment for the goods.

2. PRIVACY

New Earth protects the fundamental rights and freedoms of natural persons, in particular the privacy of private life, with regard to the processing of personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (27 April 2016) on the protection of natural persons regarding the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

New Earth processes your personal data in various ways for different purposes, depending on whether you are a registered user (see section 2.2), an unregistered user (see section 2.3), have signed up to receive news (see section 2.4) or have purchased a gift card (see section 2.5). Information regarding the use of cookies is available in the Privacy Policy.

New Earth does not use or share the information you provide online without a legal basis. New Earth is obliged by law to disclose personal data to state and municipal officials in certain cases. We will be compelled to disclose consumer personal information when required by law.

New Earth may process your personal data in aggregate form for statistical purposes, to analyze and improve the services and products provided.

New Earth takes all possible measures to secure your personal information to protect it against theft, loss, misuse, as well as unauthorized access, disclosure, alteration, and destruction.

2.1. GENERAL RIGHTS

Under applicable laws, you have the following rights:

- to request access to your personal data;
- to request correction or deletion of your personal data, to the extent possible;
- to request restriction or objection to the processing of your personal data;
- to request portability of your personal data, to the extent possible;
- to withdraw your consent to the processing of personal data at any time;
- to lodge a complaint with the national data protection authority;
- to contact New Earth and obtain additional information about the processing of your personal data.

Contact information for the national data protection authority of the Republic of Latvia: Data State Inspectorate, Blaumaņa Street 11/13-15, Riga, Latvia, LV-1011, tel.: +371 67223131, e-mail: info@dvi.gov.lv.

New Earth contact information:
LS Coffee, SIA, Grēcinieku Street 7,
Riga, Latvia, LV-1050, e-mail: info@newearth.health.

2.2. REGISTERED USER

2.2.1. ACCOUNT CREATION

By registering on the Website and creating your customer account, hereinafter – the Account, your personal data is used to conclude an agreement with New Earth for the creation and maintenance of the Account, which is used as a communication channel for concluding Distance Contracts.

By creating an Account, you acknowledge that you have been informed that the data you enter is processed to create and maintain the Account, including to create and save your wish list and purchase history, and to send you information related to the performance of the Distance Contract, such as information on order fulfillment and order clarifications.

New Earth needs to receive and process your personal data in order to conclude a Distance Contract using the Account as a communication channel. If you do not provide this personal data, you will not be able to create an Account or conclude a Distance Contract.

Additionally, the information in your wish list and purchase history is used to improve the services and product offers provided by New Earth based on New Earth's legitimate interest in collecting information about the quality of the services and products offered.

The information in your Account regarding concluded Distance Contracts (purchased products), including all communication with you, is stored as evidence that the Distance Contract has been concluded and performed. This information is retained by New Earth based on the legitimate interest in protecting its rights and interests in case of dispute and in compliance with legal obligations to retain records of commercial transactions.

Your personal data related to the creation and maintenance of the Account and the conclusion and performance of Distance Contracts is processed only by New Earth and our partners who provide order delivery, IT infrastructure, and payment platforms. Partners receive only the minimum personal data necessary.

Your personal data for this purpose is processed until you delete your Account or until the data retention period or statute of limitations for claims under Latvian law expires, whichever is later.

2.2.2. RECEIVING COMMERCIAL COMMUNICATIONS

By signing up to receive commercial communications, such as product promotions or special offers, you agree that New Earth processes the personal data you provide in the registration form and order form, including your geographic location and purchase history.

New Earth processes your personal data to send you current and relevant commercial communications. New Earth conducts various profiling by collecting your provided information to analyze which services and products may interest you and send you suitable commercial communications.

If you purchase Goods on the Website, New Earth may use your email address to send commercial communications about similar Goods even if you have not signed up to receive commercial communications. If you do not wish to receive such messages, you may opt out in a separate email sent immediately after placing your order, as well as in each commercial communication received.

Your personal data for this purpose is processed only by New Earth and our partners who provide IT infrastructure and email delivery platforms. Partners receive only the minimum personal data necessary.

Your personal data for this purpose is processed until you withdraw your consent to receive commercial communications or opt out of such communications. Information about withdrawal of consent or opt-out is retained to ensure compliance with your request not to send commercial messages.

New Earth stops sending commercial communications as soon as your request is processed. Please note that processing your request depends on technological capabilities and may take up to five days.

2.2.3. FEEDBACK

By leaving feedback on a Product, you agree that your name, rating given to the Product, and the feedback itself will be published on the Website. If you registered using Facebook, your profile picture (thumbnail) will also be displayed alongside your feedback.

The aforementioned personal data is processed for the purpose of publishing feedback on the Website and improving the quality of services and products provided by New Earth. Feedback published on the Website is deleted only if the specific product is no longer offered.

New Earth may contact you by phone or electronically if necessary to resolve issues related to the service or product you reviewed. After contacting you, New Earth will not continue to use your phone number or email address in relation to the feedback left.

Your personal data related to publishing feedback is processed only by New Earth and our partners who provide IT infrastructure. Partners receive only the minimum personal data necessary.

2.3. UNREGISTERED USER

2.3.1. CONCLUSION OF DISTANCE CONTRACT

For the purpose of concluding a Distance Contract, New Earth needs to receive and process personal data provided in the order form. If you do not provide your personal data, you will not be able to conclude a Distance Contract.

New Earth collects and retains information about your purchase history to improve the services and products provided, based on New Earth's legitimate interest in collecting information on the quality of services and products offered.

Information related to the conclusion and performance of a Distance Contract, including all communication with you, is retained as evidence that the Distance Contract has been concluded and performed. This information is retained by New Earth based on the legitimate interest in protecting its rights and interests in case of dispute and in compliance with the legal obligation to retain records of commercial transactions.

Your personal data related to the conclusion and performance of a Distance Contract is processed only by New Earth and our partners who provide order delivery, IT infrastructure, and payment platforms. Partners receive only the minimum personal data necessary.

Your personal data for this purpose is processed until the data retention period or statute of limitations for claims under Latvian law expires, whichever is later.

2.3.2. RECEIVING COMMERCIAL COMMUNICATIONS

By signing up to receive commercial communications, such as product promotions or special offers, you agree that New Earth processes the personal data you provide in the order form, as well as your geographic location and purchase history.

New Earth processes your personal data to send you current and relevant commercial communications. New Earth conducts profiling by collecting information on your geographic location and purchase history to analyze which services and products may interest you and send you suitable commercial communications.

Since you purchase Goods on the Website, New Earth may use your email address to send commercial communications about similar Goods even if you have not signed up for such communications. If you do not wish to receive such communications, you may opt out in a separate email sent immediately after placing your order and in each commercial communication you receive.

Your personal data for this purpose is processed until you withdraw your consent to receive commercial communications or opt out of such communications. Information about the withdrawal of consent or opt-out is retained to ensure compliance with your request not to send commercial messages.New Earth stops sending commercial communications as soon as your request is processed. However, please note that processing your request depends on technological capabilities and may take up to five days.

2.4. NEWS SUBSCRIBER

By agreeing to receive news by email, you agree that New Earth will send commercial communications, such as product promotions and special offers, to your specified email address.

Your personal data for sending commercial communications is processed only by New Earth and our partners who provide IT infrastructure and email delivery platforms. Partners receive only the minimum personal data necessary.

New Earth stops sending commercial communications as soon as your request is processed. However, please note that processing your request depends on technological capabilities and may take up to five days

2.5. GIFT CARD USER

For the purpose of concluding a Distance Contract for the purchase of a gift card, New Earth needs to receive and process the personal data provided in the gift card purchase form and, if you have specified a different recipient, New Earth processes that person's name and email address. If you do not provide your personal data, you will not be able to conclude a Distance Contract.

Information related to the purchase of a gift card, including all communication with you, is retained as evidence that the Distance Contract has been concluded and performed. This information is retained by New Earth based on the legitimate interest in protecting its rights and interests in case of dispute and in compliance with legal obligations to retain records of commercial transactions.

Your and, in certain cases, the gift card recipient's personal data related to the conclusion and performance of the Distance Contract is processed only by New Earth and our partners who provide IT infrastructure and payment platforms. Partners receive only the minimum personal data necessary. Your and, in certain cases, the gift card recipient's personal data for this purpose is processed until the data retention period or statute of limitations for claims under Latvian law expires, whichever is later.

If you submit a request to extend the gift card validity by 1 (one) month, this request is retained until the end of the extended validity period of the gift card, unless applicable law requires a longer period. These terms apply only to gift cards issued on or after 1 July 2017.

3. PURPOSE OF THE WEBSITE

This Website has been created and is maintained by New Earth and its distribution partners. The Website is designed to effectively serve as a platform for communication between the company and the customer, as a platform for online sales of branded products, and also as a source of information on all matters related to the products and the company.

4. PRODUCTS AND SERVICES FOR PERSONAL USE

The products and services and their samples available on this Website that we can provide to you are intended solely for personal use. You may not sell or resell the services or samples received from us. New Earth reserves the right, with or without notice, to revoke or reduce the volume of any executable order or products or services provided to you where, in our sole discretion, this may lead to a breach of these Terms and Conditions.

5. ACCURACY OF INFORMATION

When providing product descriptions available on the Website, we strive to be as accurate as possible. If there have been changes to information related to a product (description, colors, etc.), New Earth cannot guarantee that the Website is fully up-to-date at all times, including all current information.

6. INTELLECTUAL PROPERTY

All information and content available on this Website, including but not limited to trademarks, logos, service marks, text, graphic marks, button icons, images, sound clip fragments, data compilations, and software, their compilations and layouts (collectively referred to as the Content), is the property of New Earth, our affiliates, partners, or licensors, and is protected by the laws of the Republic of Latvia and other international laws pertaining to intellectual property protection, including laws regulating copyright and trademark use. Without our express written permission, the use of our trademarks in any manner, for any purpose, is prohibited.

7. GOODS

New Earth's Goods for sale – functional mushroom dietary supplements – are food products and are safe for consumption. New Earth has taken all necessary measures to ensure that these dietary supplements, hereinafter “Goods”, do not endanger consumer health and safety.

New Earth does not allow misleading claims regarding the efficacy of the Goods and other mushroom extract properties, and in producing the dietary supplement, adheres to good manufacturing practice.

New Earth's Goods consist of natural food-grade ingredients and are safe, harmless to human life, health, and the environment, complying with the Republic of Latvia Consumer Goods and Services Safety Law and international regulatory acts.

A product and gift included with the product, for example, for a purchase of a product or purchase of a certain amount, is considered an indivisible set of items that cannot be accepted or returned separately, except when you have expressly declined to receive the gift included with the product.

8. PRICING POLICY

On the website www.newearth.health all prices are indicated in euros (EUR). We strive to ensure that prices are always listed accurately; however, we cannot guarantee that the prices indicated during order placement will be correct and current product prices. Upon receiving your order where the indicated price differs from the price then listed on the Website, we will contact you and offer you the option to cancel the order. If we cannot reach you promptly, your order will be automatically deemed canceled, and you will receive a full refund of any payments made for that order.

All prices are subject to VAT or other sales taxes if applicable. Depending on the delivery address, additional shipping charges may apply, which will be clearly indicated before payment confirmation and included in the total order price.

The final price of the Goods, including taxes and fees, as well as delivery or postage costs, will be indicated before concluding the Distance Contract.

If delivery or postage costs cannot be calculated in advance, you will be informed that such charges may apply.

9. DELIVERY PROCEDURE

All our deliveries are carried out safely and quickly, as confirmed by our prior experience. For information on order fulfillment and delivery procedures, as well as free delivery terms and additional delivery costs, we invite you to review our Delivery Terms.

10. RETURNS POLICY AND RIGHT OF WITHDRAWAL

Each query regarding the return of an order placed and delivered to the customer is reviewed individually according to a simplified procedure. For information on customer rights related to product returns and information on contract termination and relevant conditions, we invite you to review our Returns Policy.

11. USER OBLIGATIONS

By accessing or using the Website, you must comply with the Terms and Conditions and any special warnings or instructions regarding access or use published on the Website. You must always act in good faith and in accordance with law and custom. You may not make any changes or corrections to the Website, its Content, or services, nor may you in any way interfere with the operation or functional integrity of the Website. Without limiting the generality of other provisions in these Terms and Conditions, if you intentionally or negligently breach the obligations set forth in these Terms and Conditions, you will be liable for all losses and damages that such a breach may cause New Earth, our affiliates, partners, or licensors.

12. LINKS TO THIRD-PARTY SITES

We are not responsible for the content of other websites linked to or from our Website. Links on the Website are provided for convenience only and do not imply our, our affiliates’, or partners’ endorsement of the linked content, product, service, or provider. Accessing other websites via links on our Website is at your own risk. We are not responsible for reviewing or evaluating any such websites and do not guarantee their offerings. We assume no responsibility or liability for the operation, content, products, or services of such websites, including without limitation their privacy policies and terms and conditions. You should review the terms and conditions and privacy policies of any websites you visit.

13. LIMITATION OF LIABILITY

You agree that to the extent permitted by applicable law, neither party shall be liable (under contract, tort, or otherwise) for any interruption or error arising from your use of this Website.

To the extent permitted by applicable law, neither party shall be liable (under contract, tort (including negligence), or otherwise) for: a) business interruption of New Earth; b) delays or interruptions in accessing the Website; c) data non-delivery, misdelivery, corruption, loss, or other alteration; d) any damages or losses related to links to or from third-party sites; e) computer viruses, system failures, or downtime arising from Website use, including hyperlinks to or from third-party websites; f) any inaccuracies or omissions in content; or g) events beyond the reasonable control of the parties.

Neither party shall be liable for any indirect, special, incidental, or consequential damages (including loss of profits) arising out of or in connection with the Website or its use (or inability to use) by you, whether in contract, tort (including negligence) or otherwise, even if New Earth has been advised of the possibility of such damages.

14. COPYRIGHT CLAIMS

All content on this Website, correspondence (by email or post), and marketing materials used to promote the Website on third-party resources are the property of New Earth. Reproduction or republication of such content in whole or in part is prohibited except for the following purposes:

Permission to copy for personal use:

You may make copies or print parts of the Website content for reasonable personal use.

Permission to copy or republish for limited use:

You may make copies of material in printed or digital form for the needs of third parties, provided you credit the New Earth Website as the source by including a top-level hyperlink (https://newearth.health) in any such republished copy. You must also inform third parties with whom you share such copies that any republication must include the top-level hyperlink (https://newearth.health) as the source of all content.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless from any damages, losses, liabilities, and expenses, including legal fees, arising from any third-party claim, suit, or demand related to your breach of these Terms and Conditions, errors in any representations or warranties you provide, or your use of this Website.

16. DISPUTE RESOLUTION

The contracting parties will attempt to resolve any disputes arising from your authorization on the Website or related to the performance, interpretation, or termination of this Distance Contract through mutual discussions.

New Earth will respond to any inquiry within the timeframes and procedures prescribed by law and inform you of possible ways to enforce claims or resolve disputes or alternative dispute resolution methods.

If disputes cannot be resolved through discussions, as a consumer you may bring a claim either in the court of the Republic of Latvia, which is New Earth's domicile, or, irrespective of New Earth's domicile, in the court of the consumer’s domicile.

New Earth may bring a claim against you as a consumer only in the courts of the member state of your domicile.

New Earth does not limit your rights to seek protection of your rights from competent authorities in any way by these terms.

17. GENERAL PROVISIONS

You agree that these Terms and Conditions constitute the entire agreement between you and New Earth regarding your use of this Website and its content.

New Earth reserves the right to amend and clarify these terms at any time by posting changes on the Website and indicating the date of the latest revision and, if the changes may be significant to you, by sending you an email notification. Any changes to these Terms and Conditions take effect immediately upon publication. You agree that by continuing to use the Website after such changes, you confirm your acceptance of all changes. New Earth reserves the right to cancel or revoke any rights granted under these Terms and Conditions. You must comply with such revocation or changes from the moment they are made, including discontinuing any use of the Website if necessary.

Nothing in these terms shall be construed as creating a partnership or other joint venture between you and New Earth. Failure by New Earth to enforce any provision of these Terms and Conditions does not constitute a waiver of that provision or the right to enforce it later. If any provision of these Terms and Conditions is found to be unenforceable or invalid under applicable law, or by arbitration or court order, that provision shall be modified to the extent necessary to reflect the original intent of the parties, and the remainder of these Terms and Conditions shall remain in full force and effect.

18. FORCE MAJEURE

SIA “LS Coffee” is not liable for delays or failures to perform obligations or any other non-performance caused by circumstances and obstacles beyond our reasonable control, including but not limited to strikes, government orders, war or national emergencies, threats of or acts of terrorism, environmental or climate anomalies, non-performance by third parties, internet connection disruptions, as well as hardware and software failures. In such force majeure events, we will endeavor to remedy the delays as soon as possible.