Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers;
Distance contract: a contract in which, as part of a system organized by the entrepreneur for the distance sale of products and/or services, the agreement is concluded exclusively using one or more techniques for distance communication;
Technique for distance communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur being present in the same space at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
NeonDistrict.nl
Sichemstraat 3c 3061KR Rotterdam
Email address: info@inneondistrict.com
Chamber of Commerce number: 78292352
VAT identification number: NL003313200B43
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available to the consumer electronically before the distance contract is concluded in such a way that it can be easily stored by the consumer on a durable data carrier.If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.
In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are wholly or partially null and void at any time, the agreement and these terms shall remain in effect for the remainder, and the relevant provision shall be promptly replaced by a provision that closely approximates the intent of the original in mutual consultation.
Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms should be explained 'in the spirit' of these general terms and conditions.
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 modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer.This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are necessary for that;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the rate for remote communication if the costs of using the technology for remote communication are calculated on a basis other than the regular basic rate for the communication means used;
whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected himself and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of a long-term transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.
The entrepreneur will provide the consumer with the following information regarding the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur's establishment where the consumer can go for complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion from the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the information included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons within 14 days. This reflection period starts the day after the consumer receives the product or a representative designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care.He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product, by means of a written message/email.After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must provide proof that the delivered goods have been returned in a timely manner, for example, by means of a shipping receipt.
If the customer has not indicated their intention to exercise their right of withdrawal after the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.
Article 7 – Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products are the responsibility of the consumer.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has already been received back by the online retailer or conclusive proof of complete return can be provided.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur according to the specifications of the consumer;
- that are clearly of a personal nature;
- that by their nature cannot be returned;
- that can spoil or age quickly;
- whose price is tied to fluctuations in the financial market that the entrepreneur cannot influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- for hygienic products for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- related to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
- for which the delivery has started with the express consent of the consumer before the reflection period has expired;
- related to betting and lotteries.
Article 9 – The price
During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding 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 dependency on fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases starting 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of legal regulations or provisions; or
- the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
The prices mentioned in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force at the time the agreement is concluded. 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 consumer can assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Returns of the products must be made in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer 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 are otherwise handled carelessly or in violation of the instructions from the entrepreneur and/or have been treated according to the packaging;
The defect is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the utmost care in receiving and executing orders for products.
The place of delivery is the address that the consumer has communicated to the company.
Subject to the provisions stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period.If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. No later than at the time of delivery, it will be clearly and understandably communicated that a replacement item is being delivered.For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are the responsibility of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration Transactions: Duration, Termination, and Extension
Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement that has been entered into for a fixed term and which involves the regular delivery of products (including electricity) or services, at any time before the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements mentioned in the previous sections:
at any time and is not limited to termination at a specific time or within a certain period;
at least terminate in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement that is entered into for a fixed period and that involves the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.
Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed term and that concerns the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
An agreement that is entered into for a fixed term and that involves the regular delivery of products or services may only be extended tacitly for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in the case where the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for trial or introductory purposes (trial or introductory subscription) will not be continued tacitly and will automatically end after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
In the event of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs communicated to the consumer in advance.
Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clear detail within 7 days after the consumer has identified the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt.If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.