General Terms and Conditions and Customer Information
1. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Neona Living GmbH) via the www.neona.store website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. Discount promotions cannot be combined. Discount codes, which are included with every order, are only applicable from an order value of 100€.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as a payment method, you will either be redirected to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online store on the order overview page.
Before submitting the order, you have the option of checking all details again, changing them (also using the "back" function of the Internet browser) or canceling the purchase.
By sending the order via the "Buy" button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
§ 4 Warranty and guarantee
(1) The statutory warranty rights apply.
(2) In the case of used items, claims for defects are excluded if the defect only becomes apparent after one year from delivery of the item. If the defect becomes apparent within one year of delivery of the item, claims for defects may be asserted within the statutory limitation period of two years from delivery of the item. The above restriction does not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.
(3) In addition to your statutory claims for defects, we grant a voluntary guarantee of 3 years on our light.
(4) Asserting the warranty:
In the event of a warranty claim, please send an e-mail to support@neona.store.
Please provide proof of purchase and a description of the defect.
(5) Note on delimitation:
The guarantee is a voluntary service and does not restrict your statutory rights. Your claims arising from the statutory liability for material defects remain unaffected by this guarantee.
(6) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Check the package upon receipt and refuse to accept it if it is damaged. If you fail to do so, this will have no effect on your statutory warranty claims.
(7) By issuing a drop-off authorization, the recipient assumes liability for their parcel. The parcel carrier places the parcel at the agreed location and confirms receipt of the parcel. Thereafter, the recipient is responsible and liable in the event of theft or damage to the parcel.
(8) If the customer provides an incorrect or incomplete delivery address and delivery of the goods is not possible as a result, the customer shall bear the costs incurred for returning the parcel and the new shipping costs. Neona Living GmbH is not liable for delays or additional costs incurred as a result of incorrect address details. An additional shipping fee will be charged for the reshipment, which is to be borne by the customer.
§ 5 Choice of law, place of fulfillment, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 7 Terms of delivery
(1) The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
(2) If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
(3) Inspection upon receipt of goods:
Please check the parcel immediately upon receipt for any damage. If the parcel is damaged, please refuse to accept it and have the damage documented directly by the deliverer. This ensures that the damage is recorded in the shipping service provider's system, which is necessary for the further claims processing procedure. Then inform us immediately by e-mail about the incident. Otherwise, we will unfortunately not be able to provide you with a replacement product free of charge.
(4) Storage authorization:
By issuing a drop-off authorization, the recipient assumes liability for their parcel. The parcel carrier places the parcel at the agreed location and confirms receipt of the parcel. Thereafter, the recipient is responsible and liable in the event of theft or damage to the parcel.
(5) International deliveries and taxes:
For deliveries outside Europe, invoices are issued without VAT. Please note that as a customer you will receive a separate invoice from our shipping service provider, in most cases UPS. This invoice will include import VAT and any import costs incurred in your country. These additional costs are to be borne by you as the customer.
We would like to point out that this process is common when shipping orders from European countries to non-EU countries. We recommend that you inform yourself in advance about any import sales taxes and import costs that may be incurred in your country.
§ 8 Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were drawn up by the lawyers of Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/agb-service.
§ 9 Right of return
(1) Returns policy:
If you do not use our (GLS) returns label provided, you must ensure that your return can be clearly assigned to you. To do this, it is necessary to clearly state the order number, the full name and the sender's address on the parcel. Otherwise we cannot guarantee the allocation of your return and the subsequent refund.
(2) Return conditions:
Original condition of the goods:
Returns will only be accepted if the goods are in their original condition. The original condition includes:
Deduction for deviating condition:
If the returned goods are no longer in their original condition and this was not expressly reported as a defect or damage upon receipt of the goods, we reserve the right to reduce the refund amount by 30% of the original purchase price. This deduction covers the loss in value of the goods as B-goods.
Defective goods:
Defective goods must be clearly marked on return and accompanied by an appropriate description of the defect. In these cases, we will check the condition and grant a refund in accordance with our guidelines.
(3) Business customers have no legal right to cancel a purchase contract. The right of withdrawal under German law (in accordance with § 355 BGB) and the EU Consumer Rights Directive applies only to consumers.
(4) Return policy for promotional campaigns:
(5) Specific promotion from 15.11. to 27.11.: As part of the discount promotion from 15.11. to 27.11. inclusive, it is not possible to use other discount codes in addition to the promotion-specific discounts. This regulation serves the purpose of clarity and fairness during the promotion and is intended to ensure that all customers can benefit equally from the offers.
(6) Customer responsibility: Customers are encouraged to inform themselves about the respective conditions of the promotions. Neona Living GmbH provides information on discount exclusions and limitations in the GTCs, on the website and in the respective promotional materials of the promotion. It is the customer's responsibility to inform themselves accordingly.
Voucher promotion
Start and end of the promotion:
Period of validity and conditions of use of the voucher:
last update: 08.12.2023
