Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply 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 any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is placed 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 use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are then displayed again on the order overview page. Discount campaigns cannot be combined and only apply to orders over €100.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as the payment method, you will either be taken to the order overview page in our online shop or you will first be taken to the website of the provider of the instant payment system forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. You will then be redirected back to the order overview page in our online shop.
Before sending the order, you have the option of checking all the information again, changing it (also using the "back" function of the internet browser) or canceling the purchase.
By submitting the order via the "buy" button, you declare your acceptance of the offer in a legally binding manner, as a result of which the contract is concluded.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed 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 remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statutory warranty rights apply.
(2) In the case of used items, claims for defects are excluded if the defect only becomes apparent one year after delivery of the item. If the defect becomes apparent within one year of delivery of the item, claims for defects can be asserted within the statutory limitation period of two years from delivery of the item. The above restriction does not apply:
– culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item.
(3) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is 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 domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
1. Identity of Seller
Neona Living GmbH
Phone: +49 214 50680266 Email: firstname.lastname@example.org
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" in our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG and the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatsinstrumente.pdf and https: //www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
6. Prices and terms of payment
6.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components, including all applicable taxes. Customs fees for orders not shipped within the EU must be borne by the customer.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. Customs fees that may apply to orders not shipped within the EU must be borne by the customer. An invoice for this will be provided by the shipping service provider.
6.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of Delivery
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold 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 contractor or another person responsible for carrying out the shipment.
8. Statutory liability for defects
Liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty 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 .
last update: 02.01.2022