Terms of service

General Terms and Conditions and Customer Information

1. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Neona Living GmbH) via the website www.neona.store. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. A business is any natural or legal person or partnership with legal capacity that acts in the exercise of its self-employed professional or commercial activity when concluding a legal transaction.


§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods.

(2) By listing the respective product on our website, we make you a binding offer to conclude a contract under the conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the “shopping cart”. Via the corresponding button in the navigation bar, you can open the “shopping cart” and make changes there at any time.
After opening the “checkout” page and entering your personal data as well as the payment and shipping conditions, all order data is displayed once more on the order summary page. Discount promotions cannot be combined. Discount codes that are enclosed with every order can only be applied from an order value of €100.
If you use an instant payment system as your payment method (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort), you will either be taken to the order summary page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, you are redirected back to the order summary page in our online shop.
Before submitting the order, you have the opportunity to review all details here once more, to change them (also via the “back” function of your internet browser) or to cancel the purchase.
By submitting the order via the “buy” button, you legally bindingly accept the offer, whereby 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 take place by e-mail, in part automatically. 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 may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2)  The goods remain our property until the purchase price has been paid in full.

§ 4 Warranty and Guarantee

(1) The statutory warranty rights for defects 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 from 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:

– to damage attributable to us that was culpably caused by injury to life, body or health, and to 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) In addition to your statutory claims for defects, we grant a voluntary guarantee of 3 years on our lamps.

This guarantee covers manufacturing defects that occur during normal use and in compliance with the supplied operating instructions.

Excluded from the guarantee are damage caused by improper use, external influences (e.g. water, fire, damage from falls), normal wear and tear, and repair attempts by unauthorized third parties.

The guarantee period begins on the date the lamp is received and requires proof of purchase (e.g. invoice).

(4) In addition to the voluntary guarantee, we offer the option of purchasing a paid guarantee extension of a further 2 years. The guarantee extension can be ordered up to 30 days after delivery of the goods. It extends the voluntary guarantee from 3 to a total of 5 years.

(5) The guarantee extension covers the same scope of services and the same exclusions as the voluntary 3-year guarantee. Excluded from the guarantee extension are in particular: damage caused by improper use, external influences (e.g. water, fire, damage from falls), normal wear and tear (e.g. wear of light sources, batteries, rechargeable batteries) and repair attempts by unauthorized third parties.

(6) The guarantee extension requires the existence of a valid purchase contract for the respective product. If the purchase contract is revoked, reversed or cancelled, the guarantee extension also lapses. In this case, the amount paid for the guarantee extension will be refunded. After the statutory withdrawal period has expired, there is no longer any entitlement to a refund of the costs of the guarantee extension.

(7) The guarantee extension is product-related and non-transferable, unless the product is passed on as part of a resale with complete proof of purchase. In this case, the guarantee extension continues to apply for the purchaser.

(8) Asserting the guarantee:

In the event of a guarantee claim, please contact us by e-mail at support@neona.store. Please provide proof of purchase and a description of the defect.

(9) Note on delimitation:

The guarantee is a voluntary service and does not restrict your statutory rights. Your claims under the statutory warranty for material defects remain unaffected by this guarantee.

(10) 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. Check the package upon receipt and refuse acceptance if it appears to be damaged. If you fail to do so, this has no effect on your statutory warranty claims.

(11) By granting a drop-off authorization, the recipient assumes liability for their package. The parcel courier places the shipment at the agreed location and confirms receipt of the shipment. After that, the recipient is responsible for it and is liable in the event of theft or damage to the package.

(12) If the customer provides an incorrect or incomplete delivery address and delivery of the goods is therefore not possible, the customer bears the costs incurred for returning the package as well as the renewed shipping costs. Neona Living GmbH is not liable for delays or additional costs resulting from an incorrect address. An additional shipping fee will be charged for the renewed shipment, which is to be borne by the customer.

§ 5 Choice of Law, Place of Performance, Place of Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favourability).

(2)  The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, insofar as 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 have no 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 also bring proceedings before the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

1. Customer Information
   1. Identity of the Seller
   Neona Living GmbH
   Düsseldorferstraße 26
   51379 Leverkusen
   Germany
   Phone:+4915222026755                                                                      E-mail: support@neona.store

1. Alternative Dispute Resolution:
   The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
   The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the options for correction are governed by the provisions “Conclusion of the Contract” of our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
   3.1. The contract language is German.
   3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system,  the contract data can be printed out via the print function of the browser or saved electronically. 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 once more by e-mail.
4. Codes of Conduct
   4.1. We have submitted to the Buyer Seal quality criteria of Händlerbund Management AG and, in connection with this, to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdfand https://www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential Characteristics of the Goods or Services:
   The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms:
   6.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.
   6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping (exclusively to

   Germany/Netherlands/Austria/Belgium/France) has been promised.

   6.3. Customs duties that may arise for 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 labelled button on our website or in the respective offer.
   6.5. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for immediate payment.
   
   

§ 7 Delivery Terms

(1) The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

(2) Insofar as you are a consumer, it is statutorily regulated that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes to you upon handover of the goods, 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 business or another person designated to carry out the shipment.

(3) Inspection upon receipt of goods:
Please check the package for any damage immediately upon receipt. If the package is damaged, please refuse acceptance and have the damage documented directly by the delivery person. This ensures that the damage is recorded in the shipping service provider's system, which is necessary for the further claims process. Then inform us immediately by e-mail about the incident. Otherwise, we are unfortunately unable to provide you with a free replacement product.

(4) Drop-off authorization:
By granting a drop-off authorization, the recipient assumes liability for their package. The parcel courier places the shipment at the agreed location and confirms receipt of the shipment. After that, the recipient is responsible for it and is liable in the event of theft or damage to the package.

(5) International deliveries and taxes:
For deliveries outside the European Union (EU), 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 includes the import VAT and any import costs (customs duties) 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 orders are shipped from European countries to non-EU countries. We recommend that you find out in advance about any import VAT and import costs that may apply in your country.


§ 8 Statutory Liability for Defects

Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were drawn up by the lawyers of the Händlerbund who specialize in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warning notices. You can find more information on this at: https://www.haendlerbund.de/agb-service.


§ 9 Right of Return

(1) Return guidelines:
If you do not use the (GLS) return label we provide, you must ensure that your return can be clearly assigned to you. To do this, it is necessary to clearly note the order number, your full name and the sender's address on the package. Otherwise, we cannot guarantee the assignment of your return and the subsequent refund.

(2) Return conditions:

1. Original condition of the goods:
   Returns are only accepted if the goods are in their original condition. The original condition includes:

   • No signs of use, damage or alterations to the goods.
   • The complete return of all accessories as well as the original packaging.

2. Deduction in the event of a different 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 of value of the goods as B-stock.

3. Defective goods:
   Defective goods must be clearly marked upon return and accompanied by a corresponding description of the defect. In these cases, we will inspect the condition and grant a refund in accordance with our guidelines.

(3) Business customers have no statutory right to withdraw from a purchase contract. The right of withdrawal that exists under German law (pursuant to § 355 BGB) and the EU Consumer Rights Directive applies only to consumers.

(4) Return policy for promotional campaigns:

1. As part of our promotional campaigns, in which customers receive a free gift (e.g. a lamp) when they make a purchase above a certain value (e.g. €150), the following special return rules apply:
2. The free gift received as part of the campaign is inseparably linked to the purchased item. This means that the gift is only considered valid if the associated purchased item is kept.
3. If the customer decides to return the item purchased as part of the campaign within the statutory withdrawal period, the free gift must also be returned. The return of both items (purchased item and gift) is a prerequisite for a full refund of the purchase price.
4. In the case of partial returns, where only some of the items purchased as part of the campaign are returned and the value of the items kept falls below the minimum purchase value qualifying for the campaign (e.g. €150), the free gift must also be returned.
5. If the free gift has already been used or damaged by the customer, we reserve the right to charge appropriate compensation for the loss of value of the gift or to reduce the refund of the purchase price accordingly.
   These conditions apply in addition to our general return and withdrawal terms. By participating in the campaign, the customer agrees to these conditions. 
   
   

§ 10 Cancellation of Purchases by Neona Living GmbH

(1) Neona Living GmbH reserves the right to cancel a purchase contract under certain circumstances listed below:

(2) Abuse of promotions and system errors: If it is determined that an order involves abuse of promotional campaigns or discount codes or the exploitation of system errors, Neona Living GmbH reserves the right to cancel the order in question. Abuse exists if promotions or systems are used in a way that does not correspond to their intended purpose or to the conditions set out in the promotions.

(3) Incorrect or misleading order information: In the event of incorrect, incomplete or misleading information in connection with an order, in particular with regard to the identity of the buyer or the payment details, Neona Living GmbH reserves the right to cancel the order.

(4) Unavailability of the goods: If the ordered goods are not available, Neona Living GmbH reserves the right to cancel the order. In such a case, the customer will be informed immediately and any payments already made will be refunded.

(5) Other serious reasons: Neona Living GmbH also reserves the right to cancel an order if there are other serious reasons that make the performance of the purchase contract unreasonable or impossible.

(6) In all cases of cancellation, the customer will be informed without delay and any payments already made will be refunded. Neona Living GmbH exercises the right of cancellation in compliance with statutory provisions and taking the customer's interests into account.


§ 11 Exclusion and Limitation of Discounts in Promotional Campaigns

(1) Neona Living GmbH reserves the right to exclude certain discounts from promotional campaigns or to prevent the combination of several discounts.

(2) Exclusion of certain discounts: For specific promotional campaigns, certain discounts, such as discount codes or special offers, may be excluded from application. The conditions of each promotion are set out in the promotion itself or in the associated advertising materials.

(3) Limitation of the combination of discounts: Neona Living GmbH reserves the right to limit the combination of different types of discounts on an order. Customers must not be able to use several discounts at the same time.

(4) Specific promotion from 08.11.24 to 11.11.24: As part of the discount promotion offering a free Nova (while stocks last) for orders of €150 or more from 08.11.24 from 5 p.m. up to and including 11.11.24, the use of further discount codes in addition to the promotion-specific discounts is not possible. This rule serves clarity and fairness during the promotion and is intended to ensure that all customers can benefit equally from the offers. If the original order is returned and the purchase value thereby falls below €150, the free Nova received with it must be returned in its original condition at the customer's own expense.

(5) Specific promotion from 15.11. to 27.11.: As part of the discount promotion from 15.11. up to and including 27.11., the use of further discount codes in addition to the promotion-specific discounts is not possible. This rule serves 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 asked to inform themselves about the respective conditions of the promotional campaigns. Neona Living GmbH provides information on discount exclusions and limitations in the T&Cs, on the website and in the respective advertising materials of the promotion. It is the customers' responsibility to inform themselves accordingly.

1. These provisions serve to preserve the fairness and integrity of our promotional campaigns and ensure the correct processing of all transactions.

Voucher Promotion
Start and end of the promotion:

• The promotion begins on 08.12. Neona Living GmbH reserves the right to end the promotion at any time without prior notice. Customers should therefore note that the availability of the promotion may change at any time.

Validity period and terms of use of the voucher:

1. Voucher value: Under €180 (€30 voucher), between €180 and €300 (€50 voucher), over €300 (€70 voucher).
2. Validity period: The voucher is valid for two years from the date of issue.
3. Restrictions: The voucher is only valid for future purchases and cannot be paid out in cash. The voucher code may not be used with other discount codes.
4. Cancellation and exchange: In the event of cancellation or exchange that results in the voucher conditions no longer being met, the voucher expires.
5. Return: If the voucher has already been redeemed and items are returned, the value of the voucher will not be refunded.

1. Last updated: 08.12.2023