General terms & conditions
The items offered on the website are not sold by the website owner but by the seller. When purchasing items, a contract is formed between the buyer and the seller. Therefore, the website owner is not directly involved in this sales agreement. The terms and conditions that apply between the seller and the buyer are included in this document for convenience. Please note that these terms and conditions apply specifically between the buyer and the seller and cannot be invoked against the website owner.
If the Seller is based in a European Union (EU) country, Norway, Liechtenstein, or Iceland, the European Distance Selling Directive applies. This directive covers various rights and guarantees, including the following:
Seller must provide Buyer with clear and written information regarding taxes, payment, delivery, and contract execution.
Your order will be delivered within 30 days, unless we've agreed on a different timeframe with you. If the item you ordered is no longer available, we'll give you a heads-up. Any payments you've made will be refunded within thirty days, unless we provide you with a similar item instead
Buyers have the right to cancel their purchase within at least fourteen days without needing to provide a reason. If any shipping costs were incurred, they will be the responsibility of the buyer. Any payments made should be refunded within thirty days.
Article 1 - Definitions
In these terms of mediation, the following terms are understood as:
Website: the provided platform accessible via theneonsfeer.com, including all related subdomains.
Website owner: the company NEONSFEER EU B.V. , located at Bruistensingel 400, 5232 AG, 's-Hertogenbosch, with Chamber of Commerce number 93352557.
Buyer: the person making a purchase on the aforementioned website.
Seller: a business entity that sells movable property to the Buyer, either as a manufacturer or as a trader.
Article 2 – Buyer's Rights
If the Seller is based in a European Union (EU) country, Norway, Liechtenstein, or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:
The Seller must provide the Buyer with clear and written information about taxes, payment, delivery, and contract execution.
The Buyer should receive the order within 30 days, unless a different timeframe is agreed upon with the Seller. If the specific item is no longer available, the Seller must inform the Buyer. Any (partial) payments should be refunded within thirty days, unless the Seller offers a similar item.
The Buyer has a right of withdrawal, meaning the Buyer can cancel the purchase within at least fourteen days without providing any reasons. Any shipping costs incurred will be the responsibility of the Buyer. Any (partial) payments should be refunded within thirty days.
Article 3 – Nature of the Mediation Service
The movable goods offered on the Website are not sold by the Website owner but by the Seller. Therefore, when purchasing movable goods, a contract is formed between the Buyer and the Seller. The Website owner is not a party to this sales agreement.
Through the Website, certain movable goods are purchased from third parties, whether or not located in the European Union.
The service provided by the Website owner is a mediation service provided to a third party. When ordering movable goods through the Website, the Website owner is authorized to act as an intermediary, on behalf of the Buyer and for the Buyer's account, to place an order with the actual Seller of the respective movable goods.
If the actual Seller is located outside the USA, and as a result, the relevant movable goods need to be imported, this will be done in the Buyer's name. Additional costs, such as import VAT and customs clearance fees, will be borne by the Buyer.
Article 4 – Payment
The payment processing for the purchased product is handled by the Website owner. The Website owner also ensures payment to the actual Seller.
Prices listed on the Website may differ from the amounts paid by the Website owner to the actual Seller. It is possible that the Seller is given the opportunity to purchase the product at a lower cost after it has been purchased by the Buyer. In such cases, the difference between the amount paid by the Buyer and the amount paid to the actual Seller is considered compensation for the mediation service provided by the Website owner to the third party.
Article 5 – Complaints Procedure
In the event that the Buyer is dissatisfied with the manner in which the (mediation) agreement has been executed, this can be communicated to the Website owner using the contact information provided on the Website. Any report made by the Buyer will be handled by the Website owner with the utmost care and as soon as possible. The Website owner will provide a substantive response to the Buyer within a maximum of fourteen days after receiving the report.
If the Buyer is dissatisfied with the procedure mentioned in paragraph 1 of this article, they can turn to the dispute resolution body of the European ODR Platform. (https://ec.europa.eu/consumers/odr/).
General Terms and Conditions
Article 1 - Definitions
In these terms and conditions, we use the following terms:
Additional Agreement: When you buy products, digital content, or services related to a remote agreement, and these items, digital content, or services are provided by the business or a third party based on an arrangement between that third party and the business.
Cooling-off Period: The time frame within which you can change your mind about the agreement.
Consumer: You, the natural person who's not doing business, trade, or a craft and enters into an agreement with us.
Day: Any day on the calendar.
Digital Content: Information that's created and delivered in digital form.
Continuous Transaction: An agreement concerning a series of products and/or services where the delivery and/or acceptance obligations are spread over time.
Durable Data Carrier: Any tool that allows you or us to store information intended for you in a way that allows future access and unchanged reproduction of the stored information, including email.
Right of Withdrawal: Your ability to back out of the remote agreement during the cooling-off period.
Model Withdrawal Form: The form we provide for you to fill out if you want to exercise your right of withdrawal.
Business: Us, the natural person or legal entity offering products and/or (access to) digital content and/or services remotely to consumers.
Remote Agreement: An agreement where we use one or more remote communication techniques, as part of a system organized by us for remote selling of products and/or services, until the agreement is concluded.
Remote Communication Technique: A tool that can be used to conclude a remote agreement without you and us being in the same place at the same time.
These General Terms and Conditions: These specific terms and conditions from us.
Article 2 - Business Identity
Neon Vibes Webshop
Address: 6 5331RC Kerkdriel
info@theneonsfeer.com
KVK Number 80462030
Article 3 - Applicability
These general terms and conditions apply to all our offers and any remote agreements and orders between us and you.
Before entering into a remote agreement, we'll provide you with the text of these general terms and conditions. If it's not reasonably possible, we'll let you know where you can access them and send them to you upon request, free of charge.
If the remote agreement is made electronically, we can provide you with these general terms and conditions electronically in a way that you can easily save them for future reference. If it's not possible, we'll inform you where to find them electronically and send them to you, free of charge.
If specific product or service conditions also apply alongside these general terms and conditions, you can always rely on the provision that benefits you the most in case of conflicting terms.
If any provision in these general terms and conditions is declared null and void or is destroyed in part, the remainder of these terms and conditions will remain in force. We will replace the void or destroyed provision with one that comes as close as possible to the original intent.
Any situations not covered by these general terms and conditions will be assessed based on these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted in accordance with these general terms and conditions.
Article 4 - The Offer
If an offer has a limited duration or is subject to conditions, we will explicitly mention this in the offer.
Our offers are non-binding. We reserve the right to change and adapt our offers.
Our offers contain a description of the products and/or services offered, which is always complete and accurate. If we use images that imply that they represent the offered product, they will be a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind us.
Images of products are a truthful representation of the offered products. However, we cannot guarantee that the displayed colors perfectly match the real colors of the products.
Every offer includes information that makes it clear to you what your rights and obligations are when accepting the offer. This concerns, in particular:
The price, including taxes.
Any shipping costs.
How the agreement will be concluded and what steps are necessary for that.
Whether or not the rate for remote communication will vary if the costs of using remote communication technology are calculated differently from the regular base rate for the used communication method.
Whether the agreement will be archived after its formation, and if so, how consumers can access it.
The minimum duration of a distance agreement in the case of a long-term transaction.
The application of the right of withdrawal.
The method of payment, delivery, and execution of the agreement.
Article 5 - The Agreementenkomst
The agreement is established, subject to what is stated in clause 4, at the moment the consumer accepts the offer and complies with the specified conditions.
If the consumer accepts the offer electronically, the entrepreneur promptly confirms the receipt of the acceptance electronically. Until the entrepreneur confirms the receipt of this acceptance, the consumer can cancel the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures for this purpose.
Within the legal framework, the entrepreneur may assess whether the consumer can meet their payment obligations and consider all relevant facts and factors for a responsible remote agreement. If, based on this assessment, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to decline an order or attach special conditions to its execution, providing a motivated explanation.
The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can easily store it on a durable data carrier, no later than the delivery of the product, service, or digital content:
The visit address of the entrepreneur's establishment where the consumer can file complaints;
The terms and conditions for exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information about warranties and existing post-purchase services;
The price, including taxes, of the product, service, or digital content;
Delivery costs, if applicable;
The method of payment, delivery, or execution of the remote agreement;
Requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration;
In case the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing transaction, the provision in the previous clause applies only to the initial delivery.
Article 6 - Right of Withdrawal
For the purchase of products:
The consumer has the option to cancel the agreement without providing any reasons within 14 days of receiving the products. Please note that the right of withdrawal does not apply to custom-made products.
The withdrawal period starts the day after the consumer receives the product or when a representative designated by the consumer and known to the seller receives the product.
In the following cases:
If the consumer has ordered multiple products in a single order, the withdrawal period begins on the day the consumer or a third party designated by them receives the last product. The seller may refuse an order for multiple products with different delivery times, provided they have clearly informed the consumer of this before the ordering process.
If a product is delivered in multiple shipments or parts, the withdrawal period starts on the day the consumer or a third party designated by them receives the last shipment or part.
In the case of an agreement for regular delivery of products over a specific period, the withdrawal period starts on the day the consumer or a third party designated by them receives the first product.
For services and digital content delivered without a physical medium:
If a service agreement or an agreement for the delivery of digital content without a physical medium is not provided on a tangible medium, the consumer can cancel the agreement within 14 days without providing any reasons. The 14-day period starts the day after the agreement is concluded.
Extended withdrawal period for products, services, and digital content without a physical medium in case of failure to inform about the right of withdrawal:
If the seller has not provided the consumer with the legally required information about the right of withdrawal or the withdrawal form, the withdrawal period ends twelve months after the end of the original withdrawal period established in accordance with the preceding paragraphs of this article.
If the seller provides the information mentioned in the previous paragraph to the consumer within twelve months after the start of the original withdrawal period, the withdrawal period expires 14 days after the day the consumer receives that information.
During the withdrawal period, the consumer should handle the product and packaging with care. They should only unpack or use the product to the extent necessary to determine if they wish to keep it. If the consumer exercises their right of withdrawal, they should return the product, along with all accessories provided and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the seller.
If the consumer wishes to exercise their right of withdrawal, they must notify the seller within 14 days of receiving the product. The consumer should do this using the withdrawal form. After notifying the seller of their intent to withdraw, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned in a timely manner, such as a shipping receipt.
Article 7 - Costs of Exercising the Right of Withdrawal
When a consumer exercises the right of withdrawal, the cost of returning the goods shall be borne by the consumer, at most.
The entrepreneur shall reimburse the purchase amount as soon as possible, but no later than 14 days after the withdrawal, using the same method of payment that the consumer used. The consumer must provide evidence of complete return or proof of receipt by the webshop.
Any decrease in the value of the product due to careless handling shall be borne by the consumer. This cannot be invoked if the entrepreneur has not provided all legally required information regarding the right of withdrawal before concluding the purchase agreement.
Article 8 - Exclusion of the Right of Withdrawal
Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly indicated this in the offer, at least in a timely manner before the conclusion of the agreement, and it concerns one of the products listed in paragraphs 2 and 3.
Exclusion is only possible for the following products:
Products made according to the consumer's specifications by the entrepreneur.
Products that are clearly of a personal nature.
Products that can quickly deteriorate or expire
Products whose price is subject to fluctuations in the financial market over which the entrepreneur has no control.
Loose newspapers and magazines.
Audio and video recordings and computer software that the consumer has unsealed.
Hygienic products that the consumer has unsealed.
Exclusion is only possible for the following services:
Accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period.
Services whose delivery has started with the express consent of the consumer before the cooling-off period has expired.
Betting and lotteries.
Article 9 - Price
During the validity period stated in the offer, prices for the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. The offer shall state the connection to fluctuations and the fact that any prices mentioned are target prices.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
These are the result of legal regulations or provisions; orThe consumer has the authority to terminate the agreement from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Warranty and Compliance
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims based on the agreement. This includes any commitments made by the entrepreneur, its supplier, importer, or manufacturer that grant the consumer certain rights or claims that go beyond what is legally required in the event of the entrepreneur's failure to fulfill its part of the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.
The warranty does not apply if:
The consumer has repaired or altered the delivered products themselves or had them repaired or altered by third parties.
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or the packaging instructions.
The defect is wholly or partially the result of regulations that the government has or will establish regarding the nature or quality of the materials used.
A one-year warranty applies to Neonsfeer products sold before July 1, 2022. For all products sold after July 1, 2022, a two-year warranty applies.
Article 11 - Delivery and Performance
The entrepreneur shall exercise the utmost care when receiving orders for products and when assessing applications for the provision of services.
The consumer's address as provided to the company shall be considered the place of delivery.
Subject to the provisions of Article 4 of this article, the company shall execute accepted orders with due speed but no later than within 30 days unless a longer delivery period has been agreed. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than 30 days after the order was placed. In such cases, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any specified times. Exceeding a deadline does not entitle the consumer to compensation.
In the event of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible but no later than within 14 days after termination.
If it is impossible to deliver a product ordered by the consumer, the entrepreneur shall make an effort to make a replacement item available. It shall be clear and comprehensible that a replacement item is being delivered before delivery. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or to a previously designated and made known representative to the entrepreneur, unless explicitly agreed otherwise.
If the goods arrive in a damaged condition to the buyer, the buyer must inform the seller in writing within 72 hours, along with photo or video evidence of the damage to the goods and their packaging for verification. Failure to comply with this request and this deadline will lead to the cancellation of the Seller's obligations.
Article 12 - Long-Term Transactions: Duration, Termination, and Renewal
Termination
The consumer can terminate an agreement that has been concluded for an indefinite period and that is aimed at regularly delivering products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been concluded for a definite period and that is aimed at regularly delivering products (including electricity) or services at any time at the end of the agreed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements referred to in the previous paragraphs:
At any time, and is not limited to termination at a specific time or during a specific period;
In the same way that they were entered into by him;
Always with the same notice period as the entrepreneur has stipulated for himself.
Renewal
A contract that has been entered into for a specific period and involves the regular delivery of products (including electricity) or services cannot be automatically renewed or extended for a set duration.
However, in contrast to the previous point, a contract that has been entered into for a specific period and involves the regular delivery of daily, weekly, or monthly newspapers and magazines can be automatically extended for a maximum duration of three months. This is allowed as long as the consumer has the option to cancel the extended contract at the end of the extension period with a notice period of up to one month.
A contract that has been entered into for a specific period and involves the regular delivery of products or services can only be automatically extended indefinitely if the consumer is allowed to cancel it at any time with a notice period of up to one month. For contracts that involve the regular but less frequent delivery of daily, weekly, or monthly newspapers and magazines (less than once a month), the notice period for cancellation can be up to three months.
An agreement with a limited duration for the regular introduction of daily, weekly, or monthly newspapers and magazines (a trial or introductory subscription) will not be automatically renewed and will automatically end after the trial or introductory period.
Expensive
If an agreement lasts longer than a year, the consumer can terminate it at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days from the start of the cooling-off period as mentioned in article 6, section 1. If it's a service agreement, this period begins after the consumer receives confirmation of the agreement.
The consumer is responsible for promptly reporting any inaccuracies in provided or stated payment details to the business.
If the consumer fails to make payment, the business, within legal limits, has the right to charge the reasonable costs previously communicated to the consumer.
Article 14 - Complaints Procedure
The business has a well-publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints about the execution of the agreement must be submitted to the business within a reasonable time after the consumer has identified the defects, and must be fully and clearly described.
Complaints submitted to the business will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual agreement, it will become a dispute eligible for dispute resolution.
Article 15 - Disputes
For agreements between the entrepreneur and the consumer covered by these general terms and conditions, only Dutch law applies.
Article 16 - Neonsfeer Creation Cutting / Details / UV Sticker
To help you save on shipping costs and offer you competitive prices, we may need to divide your neon creation into various parts. Once received, you can easily assemble the neon creations on your wall, forming a complete design.
Please note that all neon creations are handcrafted, so there may be slight variations in details compared to the preview image. Similarly, the colors may slightly differ from those shown on the website, as they are actual customer photos and previously completed projects. Additionally, for certain small details, we may use UV stickers instead of LED strips, as LED execution may not be possible for these intricate elements.
Article 17 - Import Duties and Taxes
Import duties and taxes for international shipments may be applicable upon arrival in the destination country. This varies by country, and Neonsfeer encourages you to be aware of these potential costs before placing an order with us.
If you refuse to pay duties and taxes upon arrival in your destination country, the goods will be returned to Neonsfeer at the customer's expense, and the customer will receive a refund for the paid value of the goods, minus the return shipping costs. The original shipping costs are non-refundable.
Article 18 - Additional or Deviating Terms
Additional or deviating terms from these general conditions should not be detrimental to the consumer and must be documented in writing or in a manner that allows the consumer to store them in an accessible way on a durable medium.
