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General Terms and Conditions

Email: Info@neontheway.com
Website: Neontheway.com

Article 1 - Definitions

  1. Neontheway: Accel Group BV, established in Leiden, Chamber of Commerce number 95137831.
  2. Customer: the person with whom Neontheway has entered into an agreement.
  3. Parties: Neontheway and Customer together.
  4. Consumer: a Customer who is also an individual and who acts as a private person.

Article 2 - Applicability

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

Article 3 - Offers and quotations

  1. Offers and quotations from Neontheway are without obligation, unless expressly stated otherwise.
  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. If the Customer does not accept an offer or quotation within the applicable period, the offer or quotation will lapse.
  4. Offers and quotations do not apply to repeat orders, unless Neontheway and the Customer agree to this in writing.

Article 4 - Acceptance

  1. If a non-binding offer or quotation is accepted, Neontheway 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.
  2. Oral acceptance by the Customer only binds Neontheway after the Customer has confirmed this in writing or electronically.

 Article 5 - Prices

  1. Neontheway's prices are in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
  2. Neontheway may change the prices of its services and products on its website and in other communications at any time.
  3. Increases in the cost prices of products or parts thereof, which Neontheway could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
  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

  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

  1. When entering into the agreement, Neontheway may request a down payment of up to 50% of the agreed amount.
  2. The Customer must have made a deferred payment within 0 days after delivery.
  3. Neontheway's payment terms are strict deadlines. This means that if the Customer fails to pay the agreed amount by the last day of the payment term, they are automatically in default, without Neontheway needing to send the Customer a reminder or give notice of default.
  4. Neontheway may make delivery dependent on immediate payment or require security for the total amount of the services or products.

Article 8 - Right of complaint 

  1. If the Customer is in default, Neontheway may invoke the right of complaint with regard to the unpaid products delivered to the Customer.
  2. Neontheway exercises its right to make a complaint by means of a written or electronic notice to the Customer.
  3. Once the Customer has been informed of the invoked right of complaint, the Customer must immediately return the relevant products to Neontheway, unless otherwise agreed in writing.
  4. The Customer shall pay the costs of retrieving or returning the products in paragraph 3.

Article 9 - Right of withdrawal 

  1. A consumer may cancel an online purchase within 14 days of purchase without giving a reason. This right of withdrawal does not apply if:
  • 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, travel, a restaurant business, transport, a catering order or a form of leisure activity
  • the product is a loose magazine or loose newspaper
  • the consumer has waived his right of withdrawal
  1. The 14-day reflection period in paragraph 1 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
  2. The consumer can make use of his cooling-off period by sending an email with that subject to Info@neontheway.com, possibly using the withdrawal form available on the Neontheway website, Neontheway.com.
  3. The consumer must return the product to Neontheway within 14 days of notifying them of their right of withdrawal, otherwise their right of withdrawal will lapse.

Article 10 - Reimbursement of delivery costs

  1. If the consumer has cancelled their purchase in time and returned the entire order to Neontheway in time, Neontheway will refund any shipping costs paid by the consumer within 14 days of receiving the order that has been returned in full on time.
  2. Delivery costs will only be borne by Neontheway if the entire order is returned.

Article 11 - Reimbursement of return costs

  1. If the consumer exercises his right of withdrawal and returns the entire order on time, the Customer will pay the costs for this.

Article 12 - Reimbursement of return costs

  1. If the consumer exercises his right of withdrawal and returns the entire order on time, the Customer will pay the costs for this.

Article 13 - Right of suspension

  1. Unless the Customer is a consumer, he hereby waives the right to suspend the fulfillment of any obligation arising from this agreement.

Article 14 - Right of retention

  1. Neontheway may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding invoices from Neontheway, unless the Customer has provided sufficient security for those costs.
  2. The right of retention also applies on the basis of previous agreements that require the Customer to pay money to Neontheway.
  3. Neontheway is not liable for any damage suffered by the Customer as a result of the use of its right of retention.

Article 15 - Settlement

  1. Unless the Customer is a consumer, he waives his right to offset any debt to Neontheway against any claim on Neontheway.

Article 16 - Retention of title 

  1. Neontheway shall retain ownership of all delivered products until the Customer has paid all outstanding invoices from Neontheway relating to an underlying agreement, including claims arising from failure to perform.
  2. Until that time in paragraph 1, Neontheway may exercise its retention of title and take back the goods.
  3. Before ownership has passed to the Customer, the Customer may not pledge, sell, alienate or otherwise encumber the products.
  4. If Neontheway exercises its retention of title, the agreement will be terminated and Neontheway may claim damages, lost profits and interest from the Customer.

Article 17 - Delivery

  1. Delivery will take place while stocks last.
  2. Delivery takes place at Neontheway, unless otherwise agreed.
  3. Delivery of products ordered online will take place at the address specified by the Customer.
  4. If the Customer fails to pay the agreed amounts or fails to pay them on time, Neontheway may suspend its obligations until the Customer pays.
  5. In the event of late payment, the creditor is in default, which means that the Customer cannot object to late delivery to Neontheway.

Article 18 - Delivery time 

  1. Neontheway's delivery times are indicative. If delivery is delayed, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
  2. The delivery time commences when the quotation signed for approval by the Customer has been confirmed to Neontheway in writing or electronically by Neontheway to the Customer.
  3. The Customer will not receive any compensation and may not cancel the agreement if Neontheway delivers later than agreed. The Customer may, however, cancel the agreement if this has been agreed upon in writing or if Neontheway cannot deliver within 14 days, after receiving written notice to do so, or if the Customer and Neontheway have agreed otherwise.

Article 19 - Actual delivery

  1. The Customer must ensure that the actual delivery of his ordered products can take place on time.

Article 20 - Transportation costs 

  1. The Customer shall pay the costs for transport, unless the Customer and Neontheway have agreed otherwise in writing.

Article 21 - Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before accepting the product. If the Customer fails to do so, they cannot hold Neontheway liable for any damage.
  2. If the Customer arranges the transport of a product themselves, they must report any visible damage to the product or packaging to Neontheway prior to transport. If the Customer fails to do so, they cannot hold Neontheway liable for any damage.

Article 22 - Storage 

  1. If the Customer receives ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
  2. Any additional costs resulting from premature or late collection of products will be borne entirely by the Customer.

Article 23 - Warranty

  1. The warranty on products applies only to defects caused by defective workmanship or construction or defective materials.
  2. The warranty does not apply:
    - in case of normal wear and tear
    - for damage caused by accidents
    - for damage caused by changes made to the product
    - for damage caused by negligence or improper use by the Customer
    - when the cause of the defect cannot be clearly determined
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties shall pass to the Customer at the time when they are legally and/or actually delivered, or at least come into the possession of the Customer or of a third party who receives the product on behalf of the Customer.

Article 24 - Exchange 

  1. The customer may exchange a purchased item. The following conditions apply:
  • Exchanges can be made within 14 days after purchase, provided the Customer can show the original invoice.
  • the product is returned in the original packaging and with the original price tag attached
  • the product has not yet been used
  1. Discounted items, perishable items, custom-made items, or items specially customized for the Customer and Custom products cannot be exchanged.

Article 25 - Indemnification

  1. The Customer indemnifies Neontheway against all claims from others relating to the products and/or services supplied by Neontheway.

Article 26 - Complaints

  1. The Customer must examine any product or service supplied by Neontheway as soon as possible for any deficiencies.
  2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform Neontheway thereof within 1 month of discovering the shortcoming.
  3. A consumer must inform Neontheway of the defect within 2 months of discovering it.
  4. The Customer must provide as detailed a description as possible of the deficiency so that Neontheway can respond appropriately.
  5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and Neontheway.
  6. If a complaint concerns ongoing work, the Customer cannot demand that Neontheway perform other work than what was agreed.

Article 27 - Notice of Default

  1. The Customer must notify Neontheway in writing of any notice of default.
  2. The Customer is responsible for ensuring that his notice of default actually reaches Neontheway on time.

Article 28 - Customer Liability

  1. When Neontheway enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.

Article 29 - Liability Neontheway

  1. Neontheway is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
  2. If Neontheway is liable for damages, this only applies to direct damages related to the performance of an underlying agreement.
  3. Neontheway is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties.
  4. If Neontheway is liable, its liability is limited to the amount paid by a current (professional) liability insurance policy. If no insurance policy is in place or no damages are paid, liability is limited to the (part of the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are for indicative purposes only and cannot lead to any compensation, cancellation or suspension.

Article 30 - Expiration Period

  1. Any right of the Customer to compensation from Neontheway expires 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 31 - Dissolution

  1. The Customer may cancel the agreement if Neontheway is culpably in breach of its obligations, unless this breach does not justify termination due to its special nature or minor significance.
  2. If Neontheway is still able to fulfil its obligations, dissolution can only take place after Neontheway is in default.
  3. Neontheway may cancel the agreement with the Customer if the Customer does not fully or timely fulfil their obligations under the agreement, or if Neontheway has become aware of circumstances that give them good reason to assume that the Customer will not fulfil their obligations.

Article 32 - Force Majeure

  1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of Neontheway by the Customer cannot be attributed to Neontheway in the event of force majeure.
  2. The force majeure situation in paragraph 1 also includes:
    - an emergency such as a civil war or natural disaster
    - default or force majeure of suppliers, delivery personnel or others
    - power, electricity, internet, computer or telecom outages
    - computer viruses
    - strikes
    - government measures
    - transportation problems
    - bad weather conditions
    - work stoppages
  3. If a force majeure situation occurs as a result of which Neontheway cannot fulfil one or more obligations to the Customer, those obligations will be suspended until Neontheway can fulfil them.
  4. From the moment a force majeure situation has lasted for at least 30 calendar days, both the Customer and Neontheway may cancel the agreement in writing in whole or in part.
  5. In the event of force majeure, Neontheway is not obliged to pay any compensation to the Customer, even if Neontheway benefits from this.

Article 33 - Amendment of the agreement

  1. If it is necessary to change a concluded agreement for its implementation, the Customer and Neontheway may adjust the agreement.

Article 34 - Amendment of general terms and conditions

  1. Neontheway may amend these terms and conditions.
  2. Neontheway may always implement changes of minor importance.
  3. Neontheway will discuss any major changes with the Customer in advance as much as possible.
  4. A consumer may terminate the underlying agreement in the event of a significant change to the general terms and conditions.

Article 35 - Transfer of rights

  1. The Customer may not transfer any rights under an agreement with Neontheway to others without the written consent of Neontheway.
  2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 BW.

Article 36 - Consequences of nullity or voidability

  1. If one or more provisions of these terms and conditions prove to be null and void or voidable, this will not affect the remaining provisions of these terms and conditions.
  2. A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what Neontheway had in mind when drawing up the conditions on that point.

Article 37 - Applicable law and competent court

  1. These general terms and conditions and any underlying agreement between the Customer and Neontheway are governed by Dutch law.
  2. The court in the district where Neontheway has its registered office has exclusive jurisdiction to hear any disputes between the Customer and Neontheway, unless the law provides otherwise.


Created on October 4, 2024.