Terms and Conditions

The offer of movable goods on the Website is not sold by the Website Owner, but by the Seller. When movable goods are purchased, a contract is therefore concluded between the Buyer and the Seller. The Website Owner is thus not itself a party to this sales agreement. For convenience, the general terms and conditions that apply between the Seller and the Buyer are included in this document. Please note: these general terms and conditions apply between the Buyer and the Seller and can therefore not be invoked against the Website Owner.

If the Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This directive includes, among other things, the following rights and guarantees:

The Seller must provide the Buyer with information regarding taxes, payment, delivery and performance of the agreement clearly and in writing.

The Buyer receives the order within 30 days, unless a different period has been agreed with the Seller. If the movable item concerned is not (or no longer) available, the Seller must inform the Buyer of this. Any (advance) payments must be refunded within thirty days, unless the Seller delivers a comparable movable item.

In accordance with Article 16(c) of Directive 2011/83/EU on consumer rights, the right of withdrawal does not apply to goods made to the consumer's specifications or clearly personalised. Personalised products can therefore not be returned.

 

Article 1: definitions

In these mediation terms, the following definitions apply:

Website: the platform made available and accessible via www.neonsfeer.com, including all associated subdomains.

Website Owner: the company NEONSFEER EU B.V., established at Bruistensingel 400 5232 AG, 's-Hertogenbosch, with Chamber of Commerce (KVK) number 93352557.

Buyer: the person who makes a purchase on the aforementioned website.

Seller: a business that, either as a producer or as a trader, sells movable goods to the Buyer.

Article 2: Buyer's rights

If the Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This directive includes, among other things, the following rights and guarantees:

The Seller must provide the Buyer with information regarding taxes, payment, delivery and performance of the agreement clearly and in writing.

The Buyer receives the order within 30 days, unless a different period has been agreed with the Seller. If the movable item concerned is not (or no longer) available, the Seller must inform the Buyer of this. Any (advance) payments must be refunded within thirty days, unless the Seller delivers a comparable movable item.

The Buyer has a right of withdrawal, meaning that the Buyer can reverse the purchase for at least fourteen days without giving reasons. Any shipping costs incurred are borne by the Buyer. Any (advance) payments must be refunded within thirty days.

Article 3: Nature of the mediation service

The offer of movable goods on the Website is not sold by the Website Owner, but by the Seller. When movable goods are purchased, a contract is therefore concluded between the Buyer and the Seller. The Website Owner is thus not itself a party to this sales agreement.

Via the Website, certain movable goods are purchased from third parties, whether or not established in the European Union.

 The service provided by the Website Owner is a mediation service provided to a third party. When a movable item is ordered via the Website, the Website Owner is authorised to act as an intermediary, in the name of the Buyer and for the account of the Buyer, and to order the movable item from the actual Seller of the movable item concerned.

If the actual Seller is established outside the Netherlands and the movable item concerned therefore has to be imported, this takes place in the name of the Buyer. Additional costs, such as import VAT and (customs) clearance costs, are borne by the Buyer.

Article 4: Payment

Payment for the purchased product is processed via the Website Owner. The Website Owner also arranges the (onward) payment to the actual Seller.

The prices stated on the Website may differ from the amounts that the Website Owner pays (onward) to the actual Seller. The Seller may be given the opportunity to purchase the product for a lower amount 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 regarded as remuneration for the mediation service provided by the Website Owner to the third party.

Article 5: Complaints procedure

If the Buyer is dissatisfied with the manner in which the (mediation) agreement has been performed, this can be reported to the Website Owner via the contact details stated on the Website. Every report made by the Buyer is handled by the Website Owner with the utmost care and as soon as possible. The Website Owner will provide the Buyer with a substantive response no later than fourteen days after receipt of the report.

If the Buyer is dissatisfied with the procedure referred to in paragraph 1 of this article, the Buyer can turn to the dispute resolution committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).

General Terms and Conditions

Article 1: Definitions

In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession, business or trade and who enters into an agreement with the trader;

Day: calendar day;

Digital content: data produced and supplied in digital form;

Continuing performance contract: an agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any (auxiliary) means that enables the consumer or the trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information, including email.

Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;

Model form: the withdrawal form that the trader makes available to the consumer and that the consumer can complete when they wish to exercise their right of withdrawal;

Trader: the natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance;

Distance contract: an agreement under which, within the framework of a system organised by the trader for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication with the consumer up to and including the conclusion of the agreement;

Technique for distance communication: a means that can be used to conclude a distance contract without the consumer and the trader being together in the same place at the same time;

General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2: Identity of the trader

NEONSFEER EU B.V.

Bruistensingel 400, 5232 AG 's-Hertogenbosch

Phone: +31 73 209 4000

info@neonsfeer.com

Chamber of Commerce (KVK) number 93352557

VAT number NL866366726B01

Article 3: Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded and every order placed between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the trader, how they can be inspected, and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.

In the event that specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions the consumer may always invoke the applicable provision that is most favourable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially declared null and void or annulled, the remainder of these general terms and conditions will remain in force and the annulled or void provision concerned will be replaced without delay, by mutual agreement, with a provision that approximates the purport of the original provision as closely as possible.

Situations not covered by these general terms and conditions must be assessed in accordance with these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in accordance with these general terms and conditions.  

Article 4: The offer

If an offer has a limited period of validity or is made subject to conditions with suspensive or resolutive effect, or any other condition, this will be expressly stated in the offer.

The trader's offer is without obligation. The trader is entitled to change and adjust the offer.

The trader's offer contains a description of the products and/or services offered, which is at all times complete and accurate. The offer contains a sufficiently detailed description to enable the consumer to make a proper assessment of the offer. If the trader uses any images implying that these images show the product offered, they are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.

Images accompanying products are a true representation of the products offered. However, the trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in

particular:

the price including taxes;

any shipping costs;

the manner in which the agreement will be concluded and which actions are required for this;

the rate for distance communication, if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement is archived after its conclusion and, if so, how the consumer can consult it;

the minimum duration of the distance contract in the case of a continuing performance contract.

the applicability of the right of withdrawal;

the method of payment, delivery and performance of the agreement.

Article 5: The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.

Within the statutory framework, the trader may find out whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to entering into the distance contract responsibly. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, the trader is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.

The trader will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, no later than upon delivery of the product, the service or the digital content:

the visiting address of the trader's establishment where the consumer can go with complaints;

the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

the information on guarantees and existing after-sales service;

the price, including taxes, of the product, the service or the digital content;

the costs of delivery, where applicable;

the method of payment, delivery or performance of the distance contract;

the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6: Right of withdrawal

When products are delivered:

When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. The right of withdrawal does not apply to custom-made products.

 This cooling-off period starts on the day after receipt of the product by the consumer or by a representative designated in advance by the consumer and made known to the trader.

If:

the consumer has ordered several products in the same order, the cooling-off period starts on the day on which the consumer, or a third party designated by them, has received the last product. Provided that the trader has clearly informed the consumer of this prior to the ordering process, the trader may refuse an order for several products with different delivery times.

the delivery of a product consists of several shipments or parts, the cooling-off period starts on the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;

the agreement relates to the regular delivery of products during a certain period, the cooling-off period starts on the day on which the consumer, or a third party designated by them, has received the first product.  

For services and digital content not supplied on a tangible medium:

If a service agreement or an agreement for the supply of digital content is not supplied on a tangible medium, the consumer may dissolve the agreement without giving reasons for fourteen days. These fourteen days start on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium if the consumer has not been informed about the right of withdrawal:

If the trader has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

During the cooling-off period, the consumer will handle the product and its packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the trader with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days of receipt of the product. The consumer must give this notification by means of the model form. After the consumer has given notice of their wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.

Article 7: Costs of exercising the right of withdrawal

If the consumer exercises the right of withdrawal, no more than the costs of return shipment will be borne by the consumer.

The trader will refund the purchase amount as soon as possible, but no later than 14 days after withdrawal, using the same payment method used by the consumer. This requires that the product has been received back by the online retailer or that conclusive proof of complete return is provided.

Any reduction in the value of the product caused by careless handling is borne by the consumer. This cannot be invoked if the trader has not provided all legally required information regarding the right of withdrawal. This must be done before the purchase agreement is concluded.

Article 8: Exclusion of the right of withdrawal

The right of withdrawal can only be excluded if the trader has clearly stated this in the offer, or at least in good time before the agreement is concluded, and it concerns one of the products listed in paragraphs 2 and 3.

Exclusion is only possible for the following products:

that have been created by the trader in accordance with the consumer's specifications;

that are clearly personal in nature;

that can spoil or become outdated quickly;

whose price is linked to fluctuations in the financial market over which the trader has no influence;

for single newspapers and magazines;

for audio and video recordings and computer software of which the consumer has broken the seal;

for hygiene products of which the consumer has broken the seal.

Exclusion is only possible for the following services:

relating to accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;

the performance of which has begun with the express consent of the consumer before the cooling-off period has expired;

relating to bets and lotteries

Article 9: Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services whose prices are linked to fluctuations in the financial market over which the trader has no influence at variable prices. This link to fluctuations and the fact that any prices stated are target prices will be stated with the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions

Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

they result from statutory regulations or provisions; or

the consumer is entitled to terminate the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer exclude VAT. VAT is calculated at checkout and shown before the order is placed.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

 

Article 10: Warranty and conformity

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the agreement is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.

A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the agreement. This is understood to mean any commitment by the trader, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.

Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or have been treated contrary to the instructions of the trader and/or those on the packaging;

The defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
Neonsfeer items sold before 1 July 2022 carry a warranty of 1 year. All items sold later than 1 July 2022 carry a warranty of 2 years.

Article 11: Delivery and performance

The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.

All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution.

If delivery of an ordered product proves impossible, the trader will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.

The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

If the goods arrive at the buyer in a damaged condition, the buyer must notify the seller in writing within 72 hours, with photo or video evidence of the damage to the goods and the associated packaging for verification. Failure to comply with this request and this time limit will result in the cancellation of the Seller's obligations.

Article 12: Continuing performance contracts: duration, termination and renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and relating to the regular delivery of 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 may terminate an agreement entered into for a fixed period and relating to the regular delivery of products (including electricity) or services at any time with effect from the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may, with regard to the agreements referred to in the previous paragraphs:

terminate them at any time and not be limited to termination at a specific time or in a specific period;

at least terminate them in the same manner as they were entered into by the consumer;

always terminate them with the same notice period as the trader has stipulated for itself.

Renewal

An agreement entered into for a fixed period and relating to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

Notwithstanding the previous paragraph, an agreement entered into for a fixed period and relating to the regular delivery of daily newspapers, news magazines, weeklies and magazines may be tacitly extended for a fixed term of no more than three months, if the consumer can terminate this extended agreement with effect from the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed period and relating to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement relates to the regular, but less than once a month, delivery of daily newspapers, news magazines, weeklies and magazines.

An agreement of limited duration for the regular delivery of daily newspapers, news magazines, weeklies and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness preclude 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 after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer is obliged to report any inaccuracies in payment details provided or stated to the trader without delay.

In the event of non-payment by the consumer, the trader has, subject to statutory restrictions, the right to charge the reasonable costs made known to the consumer in advance.

Article 14: Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

Article 15: Disputes

Agreements between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.

Article 16: Neonsfeer Creation Cutting / Details / UV sticker

 

To save on your transport costs, so that we can offer you favourable prices, we may divide your neon creation into several parts. Once received? Then you can place the neon creations together on the wall so that they form a whole again.

All neon creations are handmade, and details may also deviate slightly from the result shown in the preview. The same applies to the colours: these may deviate slightly from the colours shown on the website, as these are photos of customers and projects already completed. In addition, a UV sticker may be used for small details instead of LED strips. This concerns small details that cannot be executed in LED.

Article 17: Personal data

By leaving your personal data, including your phone number, on our website, you give Neonsfeer permission to use this data for communication purposes. This may include, but is not limited to, sending messages via WhatsApp or other messaging platforms. This communication may relate to updates, promotions, surveys or other relevant information regarding our services or products.

We ensure that your data is handled with care and used only for the purposes mentioned above. Your privacy is very important to us. You have the right at any time to withdraw your consent or to object to this form of communication by contacting our customer service.

Article 18: Import duties and taxes

Import duties and taxes on international shipments may be payable upon arrival in the country of destination. This varies by country, and Neonsfeer encourages you to be aware of these possible costs before placing an order with us.

If you refuse to pay duties and taxes upon arrival in your country of destination, the goods will be returned to Neonsfeer at the customer's expense, and the customer will receive a refund for the value of the goods paid, minus the costs of the return shipment. The costs of the original shipment will not be refunded.

Article 19: Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium