Terms and Conditions
General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Neoneverglow®, NEON EVERGLOW GmbH) via the website www.neoneverglow.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.
(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) Subject matter of the contract
The subject of the contract is the sale of individually designed goods, in particular LED light signs, according to the specifications provided by the customer.
(2) Offer and conclusion of contract in the online shop
By placing a product on our website, we are making a binding offer to conclude a purchase agreement under the conditions specified in the item description. The contract is concluded via the online shopping cart system as follows:
- The desired items are placed in the "shopping cart".
- Click the "Checkout" button to enter your personal details and your preferred payment and shipping methods.
- Before submitting your order, you will be shown an order summary where you can check all the information again and change it if necessary.
- By clicking the "order with obligation to pay" button, you are legally accepting our offer.
(3) Payment obligation for personalized products
All our products are personalized and manufactured specifically according to customer specifications. Delivery will only take place after full payment has been received in accordance with the agreed payment terms.
(4) Orders via email or inquiry form
Even for orders placed via email or an inquiry form, the contract is concluded upon your written acceptance of our offer sent by email. This offer is binding for 5 calendar days.
(5) No right of withdrawal for personalized goods
Since these are products manufactured individually according to customer specifications, there is no right of withdrawal pursuant to Section 312g Paragraph 2 No. 1 of the German Civil Code (BGB). Cancellation or return after conclusion of the contract is excluded.
(6) Changes after order placement
Once the contract has been signed and production has been approved, no changes to the design, color, size, or other product specifications are possible. Please check your information carefully before submitting your order.
(7) Production release
For custom designs, we reserve the right to send a graphic preview or approval document for final confirmation before production begins. Production will only commence after written approval from the customer.
(8) Express shipping
If delivery of an order placed via express shipping does not occur within 9–10 business days due to delays attributable to us, we will refund the costs paid for this additional service. Further claims are excluded.
(9) Rejection of orders
We reserve the right to refuse orders, especially in the case of unclear or technically unfeasible specifications, doubts about solvency or violations of our terms and conditions.
(10) Data transmission and email communication
The entire order process and communication usually take place via email. You are responsible for ensuring that the email address you provide is correct and that you can receive our messages (e.g., that they don't end up in your spam folder).
(11) Requirements for transmitted files
Design templates (e.g., logos, fonts, or graphics) must be provided in a suitable resolution and file format. We accept no liability for loss of quality resulting from insufficient or faulty data.
§ 3 Individually designed goods
(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract. Our specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for accuracy and therefore accept no liability for errors.
(4) Each individually manufactured LED neon sign has a mounting element. Please note that minimal deviations may occur during the production of this element due to the mounting process, which may result in an asymmetrical appearance. We hereby exclude any claims for defects relating to the mounting element due to these deviations.
(5) The colors shown in the configurator may differ from the original color, as the light source in the LED silicone tube may exhibit a different color spectrum when viewed by the human eye. We hereby exclude any claims arising from the visualization.
(6) For oversized LED neon signs (greater than or equal to 100cm), we reserve the right to ship the support element in two or three parts, depending on the design, to ensure maximum quality and avoid damage during shipping.
(7) The configurator merely presents the product visually. The actual design therefore differs slightly from the configurator's representation. Narrowing of fonts/logos within curves is necessary due to the product's nature. We hereby exclude any claims relating to the configurator's visualization and the actual product's discrepancies.
(8) Through the selection of a wide variety of options, each sign is subject to personalization.
(9) We do not check the transmitted data for accuracy and therefore accept no liability for errors.
(10) Our shop products serve only as design examples; if you place an order, the product will be considered personalized.
(11) The dimensions displayed in the configurator include the acrylic glass panel. A minimum distance of 2 cm is maintained between the illuminated lettering and the outermost edge of the acrylic glass panel. The mounting holes are pre-drilled in this area. In the version without a back panel, the dimensions correspond to the information in the configurator.
§ 4 Right of retention, reservation of title
(1) A right of retention may only be exercised if it relates to claims arising from the same contractual relationship.
(2) The delivered goods remain our property until the purchase price has been paid in full.
(3) If the buyer is a business, we retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. The buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, the buyer hereby assigns to us all claims arising therefrom up to the amount of the invoice.
(4) In the event of third-party access to the goods subject to retention of title – in particular by seizure – the buyer undertakes to point out our ownership and to notify us immediately so that we can enforce our ownership rights.
(5) In the event of breach of contract by the buyer, in particular in the event of default of payment, we are entitled to withdraw from the contract and demand the return of the goods subject to retention of title.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) The customer is obligated to inspect the delivered goods immediately upon receipt for completeness and for shipping and transport damage. Obvious damage to the packaging or the goods must be reported to us in writing within 7 calendar days of delivery, in accordance with Section 438 of the German Commercial Code (HGB).
To initiate a damage assessment with the shipping provider, the customer must submit suitable evidence (e.g., photos or videos of the packaging from the outside and inside, as well as the damaged goods including accessories). No claim can be processed without this evidence.
Claims for obvious shipping damage are excluded after the 7-day period has expired. Subsequent settlement or reimbursement of costs by us is expressly excluded. The customer's rights in the case of latent defects (§ 438 para. 3 of the German Commercial Code) remain unaffected.
(3) In the event of a warranty claim, we are solely responsible for the repair or replacement of the illuminated sign. Any liability for damages or costs incurred in connection with the removal or reinstallation of the illuminated sign by an external company is expressly excluded. Please note that warranty claims relate only to the product itself and do not include any further services or consequential damages. These warranty conditions apply in addition to your statutory rights, which are not limited by this provision.
(4) In the event of a warranty claim, the buyer is obliged to return the defective goods to us at their own expense. Returns at our expense will only be made with our prior written consent. We do not accept collect shipments.
(5) A warranty claim exists only in the case of a significant deviation from the agreed lettering or logo. Minor deviations in workmanship – in particular in the shaping of individual letters or the silicone tubing – do not constitute a defect in the legal sense. These are due to technical reasons and are considered permissible within the usual tolerance range, as the product is handmade.
(6) Duty to investigate in business transactions:
If the buyer is an entrepreneur as defined in Section 14 of the German Civil Code (BGB), the provisions of Sections 377 and 381 of the German Commercial Code (HGB) apply. The buyer is obligated to inspect the goods for defects immediately upon receipt and to notify the seller in writing of any obvious or recognizable defects no later than 7 days after delivery. If the buyer fails to provide such notification, the goods are deemed accepted.
(7) No claim in case of improper use:
Warranty claims are void if the defect is due to improper assembly, use, storage, weather conditions, mechanical damage, or modifications by third parties. This applies in particular to improper use or unauthorized modifications to the product.
(8) Repair or replacement at our discretion:
Under the warranty, it is at our discretion whether a defect is remedied by repair or replacement. There is no right to a specific method of remedy.
(9) Return shipping if inspection reveals no defects:
If, upon inspection of the goods being returned, it turns out that there is no defect within the meaning of the warranty, we reserve the right to charge the buyer the return shipping costs as well as a reasonable inspection fee.
§ 6 Choice of Law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.
§ 7 Liability
(1) We are fully liable for intent and gross negligence as well as for injury to life, body or health.
(2) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), our liability is limited to the amount of damage typically foreseeable at the time of conclusion of the contract.
(3) Any further liability – regardless of the legal basis – is excluded.
(4) The limitations of liability also apply in favor of our legal representatives and agents.
§ 8 Product information and usage instructions
(1) Unless otherwise indicated, our products are intended for indoor use only. Outdoor use is at your own risk.
(2) Installation and electrical connection must only be carried out by qualified personnel. We accept no liability for damage caused by improper installation, faulty electrical connection, or forceful impact.
(3) LED light sources are subject to a natural aging process. Changes in brightness or color during use do not constitute a defect.
(4) Please observe all product and safety instructions supplied.
§ 9 Archiving of Designs
Custom-designed drafts may be archived by us for internal documentation purposes. Re-provision of these drafts is not guaranteed. The drafts will not be shared with third parties.
Section 10 Data Protection
(1) We collect and process your personal data solely for the purpose of processing your order and handling your inquiries. Data will only be shared with third parties to the extent necessary for the performance of the contract.
(2) For further information, please refer to our privacy policy.
§11 Jurisdiction
For all disputes arising from this contract, the place of jurisdiction is agreed to be Limburg an der Lahn, unless otherwise stipulated by mandatory law. The contracting parties are also entitled to bring legal action against the other party before the courts at its place of business.
§ 12 Final Provisions
(1) Amendments and supplements to this Agreement must be in writing. This also applies to any waiver of this written form requirement.
(2) Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
II. Customer Information
1. Seller's identity
NEON EVERGLOW GmbH
Holzheimer Str. 10
65549 Limburg
Contact:
Telephone: +49 (0) 6431 9415315
Email: info@neoneverglow.de
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr .
2. Information on how the contract came about
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting your order via the online shopping cart system, you can print or save the contract details electronically using your browser's print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For requests for quotations outside the online shopping cart system, you will receive all contract details in the form of a binding offer in text form, e.g. by e-mail, which you can print or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be viewed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition to the purchase price, unless free shipping is offered.
5.3. If delivery is made to countries outside the European Union, additional costs may be incurred which are beyond our control, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which you will have to bear.
5.4. You are responsible for any costs incurred in transferring the money (transfer or exchange rate fees charged by credit institutions) if the delivery is made to an EU member state but the payment is initiated outside the European Union.
5.5. The payment methods available to you are displayed under a correspondingly labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery conditions
6.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.
7. Statutory warranty rights
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were drafted by the IT law specialists at the German Retail Federation (Händlerbund) and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/agb-service .
