General terms and conditions

Neonshark General Terms and Conditions

E-mail: info @neonshark .nl
Website: neonshark.nl

Article 1 - Definitions
1.1 Neonshark: Neonshark BV, established in Voorschoten, Chamber of Commerce number 91836131.
1.2 Customer: the person with whom Neonshark has entered into an agreement.
1.3 Parties: Neonshark and Customer together.
1.4 Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 - Applicability
2.1 These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Neonshark.
2.2 Neonshark and the Customer may only deviate from these conditions if this has been agreed in writing.
2.3 Neonshark and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.

Article 3 - Offers and quotations
3.1 Offers and quotations from Neonshark are without obligation, unless expressly stated otherwise.
3.2 An offer or quotation is valid for a maximum of 1 month, unless a different term is stated in the offer or quotation.
3.3 If the Customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.
3.4 Offers and quotations do not apply to repeat orders, unless Neonshark and the Customer agree this in writing.

Article 4 - Acceptance
4.1 If a non-binding offer or quotation is accepted, Neonshark may still withdraw the offer or quotation within 3 days of receipt of acceptance, without the Customer being able to derive any rights from this.
4.2 Oral acceptance by the Customer only binds Neonshark after the Customer has confirmed this in writing or electronically.

Article 5 - Prices
5.1 Neonshark uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
5.2 Neonshark may always change the prices of its services and products on its website and in other communications.
5.3 Increases in the cost prices of products or parts thereof, which Neonshark could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
5.4 The consumer has the right to cancel an agreement due to a price increase in paragraph 3, unless the increase is the result of a statutory regulation.

Article 6 - Samples and models
6.1 If the Customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless it has been agreed in writing that the products to be delivered correspond to the sample or model.

Article 7 - Payments and payment terms
7.1 When entering into the agreement, Neonshark may request a down payment of up to 50% of the agreed amount.
7.2 The Customer must have made a subsequent payment within 0 days after delivery.
7.3 The payment terms used by Neonshark are fatal payment terms. This means that if the Customer has not paid the agreed amount by the last day of the payment term, he is automatically in default and in breach, without Neonshark having to send the Customer a reminder or put him in default.
7.4 Neonshark may make a delivery dependent on immediate payment or demand security for the total amount of the services or products.

Article 8 - Right of complaint
8.1 If the Customer is in default, Neonshark may invoke the right of complaint with regard to the unpaid products delivered to the Customer.
8.2 Neonshark exercises its right of complaint by means of a written or electronic notice to the Customer.
8.3 Once the Customer has been informed of the invoked right of complaint, the Customer must immediately return the relevant products to Neonshark, unless otherwise agreed in writing.
8.4 The Customer shall pay the costs of retrieving or returning the products.

Article 9 - Right of withdrawal
9.1 A consumer may cancel an online purchase within 14 days after purchase without giving any reason. This right of withdrawal does not apply when:

  • The product has been used
  • It is a product that can spoil quickly, such as food or flowers
  • It is a product that has been tailor-made or adapted specifically for the consumer
  • It is a product that cannot be returned for hygiene reasons, such as underwear or swimwear
  • The seal is not intact, when it comes to data carriers with digital content, such as DVDs or CDs
  • The product or service concerns accommodation, a trip, a restaurant business, transport, a catering order or a form of leisure activity
  • The product is a loose magazine or loose newspaper
    9.2 The 14-day reflection period commences:
  • on the day after the consumer has received the last product or part of 1 order
  • once the consumer has confirmed that he will purchase digital content via the internet
    9.3 The consumer can make use of his cooling-off period by sending an email with that subject to info@neonshark.nl , possibly using the withdrawal form available on the Neonshark website.
    9.4 The consumer must return the product to Neonshark within 14 days after making his right of withdrawal known, otherwise his right of withdrawal will lapse.

Article 10 - Reimbursement of delivery costs
10.1 If the consumer has cancelled his purchase on time and has returned the entire order to Neonshark on time, Neonshark will refund any shipping costs paid by the consumer within 14 days of receipt of the order that has been returned in full on time.
10.2 Delivery costs will only be borne by Neonshark if the entire order is returned.

Article 11 - Reimbursement of return costs
11.1 If the consumer invokes his right of withdrawal and returns the entire order on time, the Customer will pay the costs for this.

Article 12 - Right of suspension
12.1 Unless the Customer is a consumer, he hereby waives the right to suspend the performance of any obligation arising from this agreement.

Article 13 - Right of retention
13.1 Neonshark may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices of Neonshark, unless the Customer has provided sufficient security for those costs.
13.2 The right of retention also applies on the basis of previous agreements under which the Customer still has to pay money to Neonshark.
13.3 Neonshark is not liable for any damage suffered by the Customer due to the use of its right of retention.

Article 14 - Retention of title
14.1 Neonshark shall remain the owner of all delivered products until the Customer has paid all outstanding invoices from Neonshark relating to an underlying agreement.
14.2 Until then, the Customer may not pledge, sell, alienate or otherwise encumber the products.

Article 15 - Delivery
15.1 Delivery will take place while stocks last.
15.2 Delivery will take place at Neonshark, unless otherwise agreed.

Article 16 - Liability
16.1 Neonshark is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
16.2 Neonshark is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.

Article 17 - Applicable law and competent court
17.1 These general terms and conditions and any underlying agreement between the Customer and Neonshark are governed by Dutch law.
17.2 The court in the district of Neonshark's place of business has exclusive jurisdiction to hear any disputes between the Customer and Neonshark, unless the law provides otherwise.

Created on: 06-11-2024
Neonshark BV, Industrieweg 9, 2253 AC Voorschoten