Tom Neon | 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 have with us as a provider (Tom Neon GmbH) close via the website www.tomneon.com. Unless otherwise agreed, the inclusion of your own conditions you use may object.

(2) Consumers in the sense of the following regulations is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. An entrepreneur is every natural or legal person or a legal partnership that acts in the exercise of their independent professional or commercial activity when the legal transaction is concluded.

§ 2 Create of the contract

(1) The subject of the contract is the sale of goods.

(2) Already with the setting of the respective product on our website, we submit a binding offer to conclude a contract via the online goods basket system on the conditions specified in the article description.

(3) The contract is concluded via the online goods basket system as follows:
The goods intended for purchase are stored in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the "Cash" button or "Continue ordering" (or similar designation) and entering the personal data as well as the payment and shipping conditions, the order data is finally displayed as an order overview.

Insofar as you use an immediate payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, immediately, Giropay), you will either be led to the order overview page in our online shop or on the website of the provider of the instant number system forwarded.
If there is forwarding to the respective immediate number of instant system, you can use the corresponding selection or enter your data. Finally, you will be displayed as an order overview on the provider of the immediate number of immediately or after you have been guided back to our online shop.

Before sending the order, you have the option of changing the information in the order overview again, changing (also via the "Back" function "of the internet browser) or canceling the order.

By submitting the order via the corresponding button ("order", "buy" / "buy now", "order for a fee", "pay" / "pay now" or similar name) explain the acceptance of the offer, whereby thereby the contract comes about.

(4) Your inquiries about creating an offer are non -binding for you. We submit a binding offer in text form (e.g. by email), which you can accept within 5 days (if no other period is shown in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by email. You therefore have to ensure that the email address you have stored is correct, the reception of the emails is technically ensured and, in particular, is not prevented by spam filters.

§ 3 Individually designed goods

(1) You provide us with the suitable information, texts or files required for the individual design of the goods via the online order system or by email immediately after the contract is concluded. Our possible requirements for file formats must be observed.

(2) You undertake not to transmit data that violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violate existing laws. They expressly inform us of all claims claimed in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not examine the transmitted data for content and do not accept any liability for errors.

§ 4 Special agreements on offered payment methods

(1) Payment via Klarna
In collaboration with the payment service provider Klarna Bank (Publ) (Sveafen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna:

The invoice ("Pay Later"): You can find the Klarna invoice conditions for Germany at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; The conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.

You can find the Klarna invoice conditions for Austria at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice; The conditions for the option to extend the payment term can be found under Https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.

You can find more information on Klarna and the Klarna Terms of Use for Austria at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.

(2) Payment via "PayPal" / "PayPal Checkout"
If you choose a payment method that is offered via "PayPal" / "PayPal Checkout", payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et cie, s.c.a. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed under a correspondingly designated button on our website and in the online ordering process. "PayPal" can use further payment services for payment processing; As far as special terms of payment apply, you will be pointed out separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 right of retention, Retention of title

(1) You can only exercise a right of retention, insofar as it is claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following applies in addition:

a) We reserve ownership of the goods until all demands from the ongoing business relationship. Before the transfer of ownership of the reserved goods, pledging or transfer of security is not permitted.

b) You can resell the goods in the ordinary course of business. In this case, you are already entering all claims in the amount of the invoice amount that grows from resale from resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, we reserve the right to collect the claim yourself.

c) In the event of connection and mixing of the goods subject to retention of title, we acquire co -ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.

d) We undertake to release the collateral we are entitled to insofar as the realizable value of our collateral exceeds the claim to be secured by more than 10%. We are responsible for selecting the releases to be released.

§ 6 Warranty

(1) There are legal liability rights.

(2) As a consumer, you are asked to immediately check the goods for completeness, obvious defects and transport damage when delivered and to inform us of complaints as well as the freight forwarder as soon as possible. If you do not comply, this has no impact on your legal warranty claims.

(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if it was informed of the same before submitting the contract declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, deviating from the above warranty regulations:

a) Only our own information and product description of the manufacturer are considered agreed as the nature of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the case of defects, we provide guarantee by rectification or delivery. If the deficiency has failed, you can request a reduction or withdraw from the contract after your election. After unsuccessful second attempt, the elimination of defects is considered failed if something else does not result from the type of goods or the defect or the other circumstances. In the event of improvement, we do not have to bear the increased costs that result from the transfer of the goods to a location other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

c) The warranty period is one year from the delivery of the goods. The deadline is not reduced:

- Damage caused by the violation of life, body or health and in the event of intentionally or grossly negligent other damage;
- as far as we have fraudulently concealed the defect or have given a guarantee for the nature of the matter;
- in the case of things that have been used for a building according to their usual use and whose deficiency have caused;
- In the case of statutory recourse claims that you have in connection with defects rights against us.

Section 7 of the law, place of fulfillment, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law only applies if the protection granted by mandatory provisions of the law of the usual residence of the consumer is not withdrawn (principle of benefits).

(2) The place of performance for all services from the business relationships and the place of jurisdiction that exist with us is our seat, unless you are a consumer, but a merchant, legal entity under public law or public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence at the time of the lawsuit is not known. The authority to call the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN sales law expressly do not apply.

II. Customer information

1. Identity of the seller

Tom Neon GmbH
Europa-Allee 2
60327 Frankfurt am Main
Germany
Telephone: +49 69 2475 2931 0
Email: office@tomneon.com

Alternative dispute resolution:
The European Commission provides a platform for the out-of-court online dispute resolution (OS platform), called up at https://ec.europa.eu/odr.

We are not ready and are not obliged to take part in dispute settlement procedures before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations of the "state of the contract" of our general terms and conditions (part I.).

3. Contract language, contract text storage

3.1. Contract language is German.

3.2. We do not save the full contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order from us, the order data, the statutory information for distance contracts and the general terms and conditions will be sent to you again by email.

3.3. For offer inquiries outside the online goods basket system, you will receive all contract data sent in text form as part of a binding offer, e.g. by email, which you can print out or secure electronically.

4. Essential features of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

5. Prices and payment modalities

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They contain all price components including all taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be called up on our website or in the respective offer via a correspondingly designated button, are shown separately during the ordering process and must be borne by you, unless the shipping -free delivery is agreed.

5.3. The resulting costs of the transmission of money (transfer or exchange rate fees of the credit institutions) must be borne by you in the cases in which delivery is made to an EU member state, but the payment was arranged outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.5. Unless otherwise stated in the individual payment methods, the payment claims from the concluded contract are immediately due for payment.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and, if necessary, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of random doom and the random deterioration of the sold thing is only transferred to you during the dispatch with the transfer of the goods, regardless of whether the dispatch is insured or uninsured. This does not apply if you have commissioned a transport company that is not named by the entrepreneur or a person otherwise intended to carry out the dispatch.

If you are an entrepreneur, the delivery and dispatch takes place at your risk.

7. Liability of the statutory liability

The liability for defects is based on the "warranty" regulation in our general terms and conditions (part I).

These terms and conditions and customer information were created by the dealers specializing in IT law and are permanently checked for legal conformity. The Handlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/services/Legal certainty/terms and conditions service.

Last update: 29.11.2023