1) GENERAL

Unless otherwise agreed in writing by a director of The Neon Company B.V. “the Company”, the following terms and conditions shall apply to all contracts entered into by The Neon Company to the exclusion of all other terms and conditions.

“The Customer” is the person, firm or company ordering the goods and/or services.

2) INFORMATION ABOUT THE COMPANY

The Company, The Neon Company, is registered in the Netherlands under Company number 87844699, with its registered office at Spadesteek 12, 4131 MB Vianen, the Netherlands.
The Company’s trading address is Spadesteek 12, 4131 MB Vianen, Utrecht in the Netherlands.

The Company may be contacted in writing at its trading address, by telephone at +31 (0) 30 207 24 67, or by email at sales@theneoncompany.shop.

3) SPECIFICATIONS

a). Images and details in catalogues, brochures, price lists and advertising material are only an indication of the type of goods being offered and none of the prices or other details contained therein constitute an offer made by the Company.

Colours on printed materials provided by the Company or on the Company’s website are shown for illustrative purposes only and do not constitute an exact representation of the final colour of any product that may be ordered by the Customer.

Although the Company endeavours to be as accurate as possible, sizes, weights, capacities, and dimensions of printed material provided by the Company, or the Company’s website, are subject to variation.

The Customer warrants that it is not relying on the skill or judgment of the Company in selecting the goods or in determining how suitable the products are for a particular purpose. As well as diameters of neon tubes, colour shades, depth materials, variation in parts in relation to size, connecting materials and fasteners.

4) CONFIDENTIALITY

All specifications, plans, drawings, knowledge and other confidential information of the Company, whether of a technical or commercial nature, which may be transmitted to the Customer or which may come into the Customer’s possession, shall not be used by the Customer other than for the purpose of the contract and shall not be disclosed to any other person, firm or company. All specifications, plans, drawings, documents, descriptions and other information delivered by the Company shall remain the property of the Company, including the copyright thereon.

5) PRICES

a). Any quotation shall be binding only for 7 days from the date of the quotation, or the date on which the Company withdraws the quotation, whichever is earlier.

The Company may revise its price lists from time to time without prior notice.

6) DELIVERY

The prices quoted by the Company include delivery charges but exclude the import duties of each country.
The Company delivers worldwide.

An estimated delivery date will be provided by the Company before an order is placed.

The delivery dates given by the Company are as accurate as possible, but are not guaranteed. The Company cannot be held liable for any loss or damage, however arising, as a result of any delay. Time for delivery or performance is not of the essence.

Loss or damage in transit or shortages must be reported to the Company within 48 hours of physical delivery of the goods by the Customer, or a third party appointed by the Customer for that purpose.

The Company’s liability in respect of goods lost or damaged in transit shall be limited to the repair or at its discretion replacement of the goods, provided that the Customer returns the goods to the Company within 30 days of notification of the loss or damage.

Where the goods are collected by or on behalf of the Customer, this shall constitute delivery to the Customer.

The Company will not be held responsible for extended delivery times, as well as a money back guarantee in connection with bespoke productions.

7) TERMS OF PAYMENT

a). By customers without an account and reseller contract, orders must be paid before production, unless other payment terms have been agreed with the Company. This applies to all webshop orders and accepted quotations. For all offers approved by the customer, will be put into production immediately after written approval. We apply a payment term of 48 hours after receipt of invoice.

Approved quotations will go into production immediately after approval, with a payment term of 2 days.
Unless otherwise agreed in writing by the Company before an order is placed, payment shall be made via PayPal, iDeal, bank transfer, debit or credit card, or via BACS transfer to an account maintained by the Company and shared with the Customer.

For reseller accounts, full payment is due within 30 days of the invoice date and time of payment is of the essence.

In the event of non-payment by the due date, the Customer will, if required by the Company and without prejudice to any other right or remedy of the Company, receive a reminder after 48 hours, 7 days and 12 days. The Company has cut the production preparations and materials after receiving the signed quotation, and thus already incurred the necessary costs. Unless other payment terms are agreed.
In case the invoice has not been paid after 16 days, a direct debit will be automatically initiated. Unless other payment terms have been agreed.

8) FORMATION OF THE CONTRACT

a). Requesting a quotation via the website, is completely free of charge and without obligation. The Customer will place an order for goods to be delivered by the Company by telephone or email, or by using digital acceptance of our Cloud quotation. Upon receipt of an order or accepted quotation, the Company will prepare a digital invoice and initiate production of the products. The Company will send the customer estimated delivery dates and any information on the progress of the production and delivery process.

The order is deemed to have been placed, and the contract between the Company and the Customer will be formed, upon receipt by the Company of a quotation signed by the Customer or an online order placed.
Adjustments to the design or specifications of the product to be produced by the Company must be communicated in writing within 24 hours of signed quotation or placed order. This is because after 24 hours, the production process will be initiated, making adjustments impossible.

9) OWNERSHIP

a). All goods remain the property of the Company until paid for in full.

In the event that the Customer is the subject of any insolvency proceedings (including administration, liquidation, bankruptcy, or any corporate or personal voluntary arrangement) then the Customer’s right to possession of the goods shall terminate immediately and the Customer shall not be entitled to retain any possession of the Company’s goods. The Company may terminate the contract immediately in this case.
Except in respect of undisputed credits or payments due and owing by the Company to the Customer, the Customer shall pay all sums due to the Company in full without any deduction or withholding unless required by law, and the Customer shall not be entitled to set-off or counterclaim against the Company to justify withholding all or any part of the payment.

10) CANCELLATION – BUSINESS CUSTOMERS

a). The Company reserves the right to refuse cancellation of orders placed by the Customer, and will refuse to accept goods returned to the Company without prior consent.

As the Company manufactures customised products, a signed order cannot be cancelled. Indeed, preparations for the production process are initiated immediately after confirmation, so cancellations are not possible.

The Customer is responsible for goods returned with the Company’s consent and for the cancellation of an order accepted at the Company’s discretion. The Customer remains responsible for the original cost of transport to the Customer’s address. The Customer also remains responsible for the cost of removal and return transport, and the value of all materials used and work carried out by the Company prior to the date of cancellation.
Cancellation of the order will be effective only after written confirmation by the Company.

11) CANCELLATION – PRIVATE CUSTOMERS

As the Company produces customised products, a signed order cannot be cancelled. In fact, preparations for the production process are initiated immediately after confirmation, so cancellations are not possible.

Unless the goods delivered by the Company are defective or do not match the description, the Customer will be responsible for the cost of returning the goods to the Company in good and saleable condition. Due to the fragile nature of the goods, the goods must be returned in the original packaging, or in suitable quality packaging approved by the Company before the goods are returned to the Company by the Customer.

Goods returned to the Company by the Customer under this clause shall remain at the risk of the Customer until the Company has confirmed receipt of the returned goods, which are in a good and saleable condition. Given the fragile nature of the goods, the Company recommends that goods returned to the Company by the Customer be insured at the Customer’s expense for the full purchase price of the goods.

Paragraphs 11a. to 11g. do not apply in the case of goods made to the Customer’s specifications or custom-made for the Customer. In the case of such goods, the Customer shall not be entitled to cancel any contract entered into with the Company.

12) LIMITATION OF LIABILITY

a). Where goods are delivered in sealed cases, the Company cannot accept liability for damage to the goods or injury to persons if the case is opened or if an attempt is made to open the case.

Where the Company has recommended that a product be installed by an experienced neon sign installer, the Company cannot accept liability for any damage, loss, cost, expense or injury caused as a result of installation other than in accordance with the Company’s recommendations.

Without prejudice to condition 5(c) above and to the extent permitted by law, the Company’s maximum liability for breach of contract, misrepresentation, misstatement or other tort or negligence, including negligence arising out of or in connection with the contract, shall be limited to the price paid to the Company pursuant to the contract.
The Company shall not be liable for any loss of profit, loss of business, loss of reputation, consequential loss and/or costs or expenses arising out of, or in connection with, any contract with the Company.

13) WARRANTY

All goods supplied by the Company come with a limited warranty of 12 months for exterior and 24 months for interior. The terms and conditions of this warranty can be found on pages 6 to 7 of the manual supplied with the goods delivered to the Customer. The terms and conditions of the said warranty have the force of terms and conditions in this agreement.