General Terms and Conditions of Neon Discounter B.V. – Version 21-06-2024

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
• Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
• Business: The individual or company acting in the exercise of a profession or business (the business customer) that enters into a distance contract with the entrepreneur.
• Consumer: The individual (private customer) who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
• Day: Calendar day.
• Durable medium: Any means that allow the customer or entrepreneur to store information directed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
• Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
• Customer: Either the business (business customer) or the consumer (private customer) entering into a distance contract with the entrepreneur.
• Entrepreneur: The individual or legal entity offering products and/or services remotely to customers, in this case, Neon Discounter B.V.
• Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for remote sales of products and/or services, where up to and including the conclusion of the contract, only one or more remote communication technologies are used.
• Means of remote communication: A method that can be used to conclude a contract without the customer and entrepreneur meeting simultaneously in the same space.
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Article 2 – Identity of the Entrepreneur

• Neon Discounter B.V.
• Address: Karl Weisbardstraat 181, 3015 GM Rotterdam
• Email: info@neondiscounter.com
• Chamber of Commerce number: 94182043
• VAT identification number: NL866667830B01

Article 3 – Applicability

These general terms and conditions apply to any offer from the entrepreneur and to any concluded distance contract between the entrepreneur and the consumer (private customers) and between the entrepreneur and the business (business customers).

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. 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 entrepreneur's premises and will be sent to the customer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph, be made available electronically to the customer in such a way that they can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs will apply accordingly, and the customer may always rely on the most favorable provision in the event of conflicting terms.

If one or more provisions of these general terms and conditions are null or void at any time, the agreement and these terms will remain in effect, and the provision in question will be replaced by a provision that approximates the original intent as closely as possible.

Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these terms.

Uncertainties about the interpretation or content of one or more provisions of these terms should be interpreted ‘in the spirit’ of these terms.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the customer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer includes sufficient information to clarify to the customer the rights and obligations attached to the acceptance of the offer. This particularly includes:

• The price, including taxes;
• Any shipping costs;
• The method by which the contract will be concluded and the necessary steps for this;
• Whether or not the right of withdrawal applies;
• The method of payment, delivery, and execution of the agreement;
• The acceptance period for the offer, or the period within which the entrepreneur guarantees the price;
• The amount charged for remote communication if the costs for using remote communication techniques are calculated on a different basis than the regular base rate for the used communication method;
• Whether the contract will be archived after its conclusion, and if so, how it can be consulted by the customer;
• The way the customer can check and, if necessary, correct the information provided for the contract before concluding it;
• Any other languages besides Dutch in which the agreement can be concluded;
• Optional: available sizes, colors, types of materials.

Article 5 – The Contract

The contract is concluded, subject to the provisions in paragraph 4, at the moment the customer accepts the offer and meets the stipulated conditions. One of the conditions may be the immediate payment of the quoted price after the order confirmation.

If the customer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed, the customer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal limits, investigate whether the customer can meet their payment obligations, as well as all relevant facts and factors important for responsibly entering into the distance contract. If the entrepreneur has good reasons not to conclude the contract based on this investigation, they are entitled to refuse an order or request, providing reasons, or to attach special conditions to the execution.

The entrepreneur will send the customer the following information with the product or service, either in writing or in a way that can be stored by the customer on a durable medium:

• The business address of the entrepreneur where the customer can lodge complaints;
• The conditions under which and the way the customer can exercise their right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• Information on warranties and existing after-sales service;
• The data mentioned in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the customer before the execution of the contract.

Every contract is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Exclusion of Withdrawal Right for Consumers (Private) and Businesses (Business Customers)

Since the entrepreneur produces products made to order, which are manufactured according to specific customer requests as soon as the contract is concluded, the purchase contract for a product cannot be canceled.

Article 7 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not increase, except for price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This is stated in the offer along with the fact that listed prices are target prices.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from legal regulations or provisions.

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

• They are the result of legal regulations or provisions; or
• The customer has the right to terminate the contract as of 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.

The customer must pay the agreed price immediately after order confirmation.

Businesses that have pre-registered with the entrepreneur for deferred payment, and whose registration has been accepted by the entrepreneur in writing, must pay within 7 days after order confirmation.

Article 8 – Conformity and Warranty

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

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the customer may assert under the contract against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in the original packaging and in new condition.

The warranty period provided by the entrepreneur is equal to the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• The customer 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 contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
• The defect is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 9 – Delivery and Execution

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

The delivery location is the address provided by the customer to the entrepreneur.

Subject to what is stated in Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed but within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the customer will be informed of this no later than 30 days after placing the order. In that case, the customer has the right to dissolve the contract without costs and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the customer as soon as possible but no later than 14 days after dissolution.

If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement item. The customer will be notified in a clear and comprehensible manner that a replacement item will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of a 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 customer or a pre-designated and communicated representative, unless explicitly agreed otherwise.

Article 10 – Payment

The customer must fulfill the payment obligations immediately after order confirmation.

If the customer has not paid within 7 days, Neon Discounter B.V. will impose a surcharge for collection fees at the current rate.

Article 11 – Complaints

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days after the customer has discovered the defects, fully and clearly described.

The entrepreneur will respond to complaints submitted within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a message of acknowledgment and an indication of when the customer can expect a more detailed response.

Article 12 – Disputes

Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law.

Neon Discounter B.V. Address: Karl Weisbardstraat 181, 3015 GM Rotterdam