Terms of service

OVERVIEW

Welcome to Neon Atelier!

The terms “we”, “us” and “our” refer to Neon Atelier.

The contracting party for all orders placed via neonatelier.com is HANESA Global LLC, 18117 Biscayne Blvd, Suite #4788, Miami, FL 33160, USA, trading as “Neon Atelier”. Operations: Bardenberger Str. 5, 52146 Würselen, Germany.

Neon Atelier operates this store and website, including all related information, content, features, tools, products and services, in order to offer you, the customer, a curated shopping experience around custom-made neon signs and light designs (the “Services”).

Production, customer care and operational processing are carried out through our location in Germany:

Bardenberger Str. 5
52146 Würselen
Germany

Neon Atelier is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with all policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and obligations when using our Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability and special provisions for custom-made products.

By visiting or using our Services or interacting with our Services, you agree to these Terms of Service and our privacy policy at https://neonatelier.com/policies/privacy-policy.

If you do not agree to these Terms of Service or the privacy policy, you should not use or access our Services.


SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing the products and services we offer, you may be asked to provide certain information, e.g. your email address, billing, payment and shipping information. You represent that all information you provide in our stores is accurate, current and complete and that you have all rights necessary to provide this information.

For custom-made products, you further undertake to provide all information, texts, logos, graphics, dimensions, colours and other specifications required for production accurately and completely. Neon Atelier accepts no liability for delays, errors or additional costs arising from inaccurate, incomplete or subsequently changed information.

You are solely responsible for the security of your login credentials and for all activity in your account. You may not transfer, sell, assign or license your account to any third party.


SECTION 2 – OUR PRODUCTS

We have made every effort to present our products and services in our online stores as accurately as possible. However, please note that colours, brightness, size, proportions and the appearance of the products may differ from the representations on our website depending on your device, screen type, display settings and individual configurations.

Product images, design previews, mockups and digital visualisations are for illustration purposes only. The actual appearance of the finished product may differ slightly due to material properties, manufacturing processes, lighting conditions and technical factors.

As many of our products are custom-made, slight variations in colour, size, positioning or workmanship may occur. Such minor variations do not constitute a defect and do not give rise to any right of return, exchange or refund.

We do not warrant that the appearance or quality of the products or services you purchase will meet your subjective expectations or exactly match the images, mockups or representations in our online stores.

All product descriptions, prices, specifications and other information are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products that we offer to any person, geographic region or jurisdiction on a case-by-case basis.

 

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Neon Atelier reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not accepted until Neon Atelier confirms acceptance. We must receive and process your payment before your order can be accepted.

Please review your order carefully before submitting it. Once the order has been accepted, changes or cancellations may no longer be possible.

Custom-made products

Neon Atelier specialises in the production of custom-made and personalised neon signs.

Before production begins, the customer may be provided with a design draft or a digital preview for approval. By approving a design draft, the customer confirms the accuracy of all details, including texts, logos, graphics, colours, dimensions and other specifications.

Once a design draft has been approved and production has begun, changes to, cancellation of or withdrawal from the order are, as a rule, excluded.

Neon Atelier accepts no liability for errors in approved designs, spellings, dimensions, colours or other specifications that have been confirmed by the customer.

If we do not accept, or if we change or cancel an order, we will attempt to notify you via the email address, billing address and/or telephone number provided at the time of ordering.

The return, refund or exchange of your order is governed exclusively by the provisions of our Returns and Refund Policy:

https://neonatelier.com/policies/refund-policy

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

 

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, the prices shown do not include taxes, shipping costs, handling fees, customs charges or import duties.

The prices shown in our online stores may differ from prices in other sales channels, marketplaces or stores operated by third parties. We may from time to time offer promotions in connection with our Services that are subject to separate terms. In the event of a conflict between the terms of a promotion and these Terms of Service, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account information and other details, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

(i) the credit card information you provide is true, correct and complete;

(ii) you are duly authorised to use the relevant payment method for the purchase;

(iii) the charges you incur will be honoured by your payment provider;

(iv) you will pay the charges you incur at the stated prices, including shipping and handling fees and any applicable taxes.

We reserve the right to correct obvious pricing errors, technical errors or incorrect price information at any time and to cancel or adjust orders where a price has been obviously misstated due to a technical error or mistake.


SECTION 5 – SHIPPING AND DELIVERY

As all Neon Atelier products are custom-made to customer specification, the stated production and delivery times only begin after the customer has approved the final design draft and after successful payment confirmation.

All stated delivery times are estimates and are provided for information purposes only. Delivery dates and delivery times are not guaranteed.

We are not liable for shipping and delivery delays caused by shipping carriers, customs authorities, official measures, weather conditions, force majeure, strikes, transport problems or other events beyond our reasonable control.

Once we have handed the goods over to the shipping carrier, the risk of loss, damage or late delivery passes to the customer, to the extent permitted by applicable law.

The customer is responsible for providing a correct and complete delivery address. Neon Atelier is not liable for delays, additional costs or failed deliveries resulting from incorrect or incomplete shipping information.

Unless expressly stated otherwise, shipping costs, delivery times and shipping conditions are governed by the shipping policy published on our website:

https://neonatelier.com/policies/shipping-policy


SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, texts, advertisements, images, graphics, product reviews, videos, audio files, design drafts, product previews and their design, selection and arrangement, are the property of Neon Atelier, its affiliates or licensors and are protected by national and international intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit or create derivative works from any of the materials on the Services.

Except as expressly provided herein, nothing in these Terms grants you a licence or other rights under any patent, trademark, copyright or other intellectual property of Neon Atelier, Shopify or any third party, nor may anything be construed as granting any such licence or right.

Unauthorised use of the Services may constitute a breach of applicable intellectual property laws. All rights not expressly granted herein are reserved by Neon Atelier.

All design drafts, visualisations, previews, product representations and creative concepts created by Neon Atelier remain the intellectual property of Neon Atelier until full payment has been made, and thereafter, unless expressly agreed otherwise in writing.

If you provide logos, graphics, images, texts or other content for use in a custom design, you represent that you have all rights, licences or permissions necessary to use that content. You will indemnify Neon Atelier against all third-party claims arising from the use of such provided content.

The Neon Atelier names, logos, product and service names, designs and slogans are trademarks of Neon Atelier or its licensors. You may not use these trademarks without the prior written permission of Neon Atelier.

The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.


SECTION 7 – OPTIONAL TOOLS

As part of the Services, you may be given access to tools, applications or features provided by third parties, including design tools, configurators, preview generators, payment services, communication services or other digital services.

We do not monitor these tools and have no control or influence over their content, availability, security or operation.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement.

We accept no liability whatsoever for any damage, loss, data loss, delays or other detriment arising from or in connection with the use of optional third-party tools.

Any use by you of the optional tools offered through the website is entirely at your own risk and discretion. You should therefore familiarise yourself with, and accept, the relevant terms of use, privacy policies and other provisions of the respective third-party providers.

We may in future offer new features, tools, integrations or resources through the Services, including new design or preview tools. Such new features will also be deemed part of the Services and are subject to these Terms of Service.


SECTION 8 – EXTERNAL LINKS

The Services may contain materials, content, hyperlinks or features provided or operated by third parties, including embedded content, social media platforms, payment providers, shipping carriers, analytics tools or other external services.

We are not responsible for examining or evaluating the content, privacy practices, terms of use or accuracy of any third-party materials or websites that you access through our Services.

If you leave our Services to access third-party websites or services, you do so entirely at your own risk.

We accept no liability for any damage, loss, data loss, interruptions, delays or other detriment arising from your access to external websites or your use of third-party products, services, resources or content.

Please review the relevant terms and conditions, privacy policies and other provisions of the respective third-party provider carefully before carrying out any transaction or submitting any personal data.

Complaints, claims, concerns or questions regarding third-party products, services or content should be directed to the respective third-party provider.

The inclusion of external links on our website does not constitute any endorsement, recommendation or guarantee of the respective third-party providers or their content.


SECTION 9 – RELATIONSHIP WITH SHOPIFY

Neon Atelier is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are made directly with Neon Atelier.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Neon Atelier, including any injury, damage or loss arising from the purchase of products and services.

You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising from or in connection with your purchases and transactions with Neon Atelier.


SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our privacy policy, which can be viewed at the following address:

https://neonatelier.com/policies/privacy-policy

Certain personal data may also be subject to Shopify's privacy policy, which can be viewed at the following address:

https://www.shopify.com/legal/privacy

By using the Services, you confirm that you have read and understood these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal data in connection with your access to and use of the Services in order to provide, operate, secure and improve the Services.

Data you submit to the Services may be shared with Shopify and with third-party providers, who may be located outside your country of residence, to the extent necessary to provide the Services, process payments, arrange shipping, prevent fraud, communicate with customers or technically operate the website.

For more information about how Neon Atelier, Shopify and our service providers process personal data, please see our privacy policy:

https://neonatelier.com/policies/privacy-policy


SECTION 11 – FEEDBACK

If you send, upload, post, email, tag us in or otherwise submit ideas, suggestions, feedback, reviews, proposals, plans, photos, videos, social media content or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any media for any purpose, including commercial purposes.

For example, we may use our rights under this licence to operate, provide, promote, expand, improve and market the Services, publish customer testimonials, showcase product examples, share content on our website or on social media, and fulfil our obligations and exercise our rights under these Terms of Service.

You further represent that:

(i) you own or control all necessary rights to all Feedback;

(ii) you have disclosed any compensation or incentives received in connection with the submission of your Feedback;

(iii) your Feedback complies with these Terms.

We are and remain under no obligation to

(1) treat your Feedback as confidential;

(2) pay you any compensation for your Feedback;

(3) respond to your Feedback.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any rights of third parties. This includes copyright, trademark rights, privacy rights, personality rights or other personal or proprietary rights.

You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene statements and will not contain any computer viruses, malware or other harmful content that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for any Feedback you submit and for its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.


SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, product images, design previews, prices, promotions, offers, shipping costs, production times, delivery times, technical specifications and product availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order or your order has been confirmed.

Obvious pricing errors, technical errors, system errors, incorrect discount calculations or other mistakes entitle Neon Atelier to cancel or adjust orders, even if the order has already been placed or paid for. In such a case, any payments already made will be refunded in full.

We do not warrant that all information on the website is complete, current or error-free at all times. It is the customer's responsibility to verify the information relevant to their purchase decision before completing an order.


SECTION 13 – PROHIBITED USES

You may only use the Services for lawful purposes. You may not access or use the Services, directly or indirectly, for the following purposes:

(a) for unlawful or malicious purposes;

(b) to violate any international, federal, provincial, state or local laws, rules or regulations;

(c) to infringe our intellectual property rights or the intellectual property rights of third parties;

(d) to harass, abuse, insult, harm, defame, intimidate or otherwise adversely affect our employees, service providers, customers or other persons;

(e) to submit false, misleading or fraudulent information;

(f) to send, upload, download, use or reuse material that does not comply with these Terms;

(g) to send, or cause to be sent, advertising or promotional material, including junk mail, chain letters, spam or similar unsolicited messages;

(h) to impersonate, or attempt to impersonate, any other natural or legal person;

(i) to otherwise engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, in our judgement, could harm Neon Atelier, Shopify or other users, or expose them to liability.

In addition, you agree not to:

(a) upload or transmit viruses, malware or other types of malicious code that could affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, extract, sell, resell or otherwise exploit any part of the Services;

(c) collect, store or track other people's personal data without their consent;

(d) use the Services for spam, phishing, pharming, fraud or similar activities;

(e) use robots, spiders, scraping tools, automated data collection systems, AI-based retrieval systems or other automated means to access the Services;

(f) circumvent or manipulate security measures, access restrictions or technical protection mechanisms of the Services;

(g) upload or provide for production any logos, trademarks, copyrighted content, designs, images, graphics or other materials for whose use you do not hold the necessary rights, permissions or licences;

(h) provide or request content that is unlawful, discriminatory, offensive, glorifies violence, hateful, pornographic or otherwise inappropriate.

We reserve the right to refuse orders, remove content, restrict or suspend accounts and terminate access to our Services at any time and without notice if we determine that these Terms have been breached.


SECTION 14 – AGENTS

14.1

This section (the “Agent Terms”) applies if you use, permit, enable or cause the use of an Agent to access, use or interact with the Services.

“Agent” means any software, application, artificial intelligence, bot or other service that acts autonomously or semi-autonomously on behalf of a natural or legal person.

14.2

No Agent may access, use or interact with the Services unless it properly identifies itself and acts in accordance with these Terms.

Furthermore, no Agent is permitted to access, use or interact with the Services where we have expressly requested that such access, use or interaction cease.

14.3

We reserve the right to restrict, by technical or organisational measures, whether and in what manner Agents may access, use or interact with our Services.

14.4

Agents:

(i) must properly identify themselves when making requests to our Services;

(ii) must not hide or obscure the fact that access, use or interactions originate from an Agent;

(iii) must not circumvent measures designed to detect or restrict automated access;

(iv) must not circumvent or manipulate CAPTCHAs, security mechanisms, access restrictions or similar protective measures;

(v) must not extract, copy or collect content, data, product information, images or other information in an automated manner unless expressly permitted in writing;

(vi) must not circumvent or avoid measures intended to prevent, restrict or control whether and how Agents access, use or interact with the Services.

Breaches of these Agent Terms may result in immediate suspension of access to the Services and further legal action.


SECTION 15 – TERMINATION

We may suspend, restrict or terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without prior notice, in particular if we believe that you have breached these Terms of Service or applicable law.

In the event of termination or suspension, you remain obliged to pay all amounts incurred or due up to the time of termination, including orders already placed or in production.

Termination of this agreement does not affect any rights, obligations or claims that arose prior to the time of termination.

The following sections will survive any termination:

  • Intellectual Property

  • Feedback

  • Termination

  • Disclaimer of Warranties

  • Limitation of Liability

  • Indemnification

  • Severability

  • Waiver

  • Entire Agreement

  • Assignment

  • Governing Law

  • Privacy Policy

as well as all other provisions that by their nature should survive termination.


SECTION 16 – DISCLAIMER OF WARRANTIES

The information provided on or through the Services is for general information purposes only. We make no warranty as to the accuracy, completeness or usefulness of this information. Any reliance on such information is strictly at your own risk.

We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.

UNLESS EXPRESSLY STATED BY NEON ATELIER, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free, or that errors will be corrected at any time.

Product images, mockups, design previews and digital visualisations are for illustration purposes only. Due to screen rendering, ambient light, material properties, manufacturing processes and technical factors, colours, brightness, proportions or other visual characteristics may differ slightly from the actual product.

Neon Atelier accepts no liability for errors, spellings, dimensions, colours, logos, graphics or other specifications provided by the customer or expressly approved as part of a design draft.

To the extent permitted by law, all custom-made products are manufactured solely on the basis of the information provided or approved by the customer.

SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH CASES, THE FOREGOING DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.


SECTION 17 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEON ATELIER, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND.

THIS INCLUDES, BUT IS NOT LIMITED TO:

  • LOST PROFITS,
  • LOST REVENUE,
  • LOST SAVINGS,
  • LOSS OF DATA,
  • BUSINESS INTERRUPTION,
  • LOSS OF BUSINESS,
  • REPLACEMENT COSTS,
  • OR SIMILAR ECONOMIC LOSSES,

WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL BASIS.

NEON ATELIER IS NOT LIABLE FOR:

  • ERRORS OR INACCURACIES IN TEXTS, LOGOS, GRAPHICS OR SPECIFICATIONS PROVIDED BY THE CUSTOMER;
  • ERRORS APPROVED OR CONFIRMED BY THE CUSTOMER IN THE DESIGN DRAFT;
  • DELAYS CAUSED BY SHIPPING CARRIERS, CUSTOMS AUTHORITIES, FORCE MAJEURE OR OTHER THIRD PARTIES;
  • MINOR VARIATIONS IN COLOUR, BRIGHTNESS, MATERIAL OR APPEARANCE BETWEEN DIGITAL PREVIEWS AND THE FINAL PRODUCT;
  • OUTAGES OR INTERRUPTIONS OF THE WEBSITE, OF SHOPIFY OR OF THIRD-PARTY SERVICES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF NEON ATELIER FOR CLAIMS ARISING FROM AN ORDER OR THE USE OF THE SERVICES IS LIMITED TO THE PURCHASE PRICE ACTUALLY PAID FOR THE PRODUCT OR ORDER CONCERNED.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR WILFUL MISCONDUCT, GROSS NEGLIGENCE, FRAUD, DEATH OR PERSONAL INJURY WHERE REQUIRED BY LAW.


SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Neon Atelier, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any and all losses, damages, liabilities, demands, claims, fines, penalties, costs and expenses, including reasonable legal and court fees, asserted by third parties arising out of or in connection with:

(1) your breach of these Terms of Service or the documents incorporated herein by reference;

(2) your violation of applicable law or the rights of third parties;

(3) your access to or use of the Services;

(4) texts, logos, images, graphics, trademarks, designs or other content provided, uploaded or submitted by you;

(5) allegations that content provided by you infringes copyright, trademark rights, personality rights, privacy rights or other rights of third parties;

(6) false, misleading or incomplete information provided by you in connection with an order or the use of the Services.

We will notify you of any indemnifiable claim, unless a delayed notification does not materially prejudice you. A delayed notification does not automatically release you from your obligations under this section.

We may control the defence, negotiation and settlement of any such claim at your expense, including the selection of legal counsel. We will not settle any claim that imposes material non-monetary obligations on you without your consent, which may not be unreasonably withheld.

You agree to cooperate reasonably in the defence of any indemnifiable claims, including by providing relevant information, documents and evidence.


SECTION 19 – SEVERABILITY

Should any provision of these Terms of Service be or become unlawful, invalid or unenforceable in whole or in part, the validity and enforceability of the remaining provisions shall not be affected.

The provision concerned shall be enforced to the fullest extent permitted by applicable law. To the extent full enforcement is not possible, the provision concerned shall be deemed amended to the extent necessary to make it valid and enforceable.

If such an adjustment cannot legally be made, the unenforceable part shall be deemed severed from these Terms of Service without affecting the validity or enforceability of the remaining provisions.

The parties intend that any invalid or unenforceable provision be replaced by a legally permissible provision that comes as close as possible to the economic purpose of the original provision.


SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right, claim or provision of these Terms of Service shall not constitute a waiver of that right, claim or provision.

A waiver of any provision of these Terms of Service shall be effective only if expressly made in writing.

These Terms of Service, together with our privacy policy, our Returns and Refund Policy, our shipping policies and any other policies or operating rules posted by us on this website, constitute the entire agreement between you and Neon Atelier and govern your use of the Services.

They supersede all prior or contemporaneous agreements, communications, negotiations, representations or proposals between you and us, whether oral, written or electronic, including prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted or provided these Terms.


SECTION 21 – ASSIGNMENT

Without our prior written consent, you may not assign, transfer, delegate or otherwise convey this agreement or your rights and obligations under these Terms of Service, in whole or in part, to any third party. Any such attempt shall be void.

Neon Atelier is entitled to transfer or assign these Terms of Service and all rights and obligations under these Terms at any time and without your consent to an affiliate, a legal successor, an acquirer, or in connection with a corporate restructuring, merger, acquisition or sale of assets.

Subject to the foregoing, these Terms of Service are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.


SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, to the extent permitted by law.

For consumers habitually resident in the European Union, the mandatory consumer protection provisions of their respective country of residence remain unaffected. Nothing in these Terms of Service limits any rights that consumers are entitled to under mandatory national law.

To the extent permitted by law, you and Neon Atelier agree to the exclusive jurisdiction of the competent courts in Miami-Dade County, Florida, United States of America, for all disputes, claims or controversies arising out of these Terms of Service or the use of our Services.

If an exclusive jurisdiction agreement is not permissible vis-à-vis consumers under applicable law, the statutory jurisdiction rules of the consumer's respective country of residence shall apply.


SECTION 23 – HEADINGS

The headings used in these Terms of Service are included for clarity and ease of reading only.

They serve solely to structure the document and have no effect on the interpretation, meaning, scope or enforceability of the respective provisions of these Terms of Service.

The absence or amendment of a heading does not affect the validity of the provision concerned.


SECTION 24 – CHANGES TO THE TERMS OF SERVICE

The current version of these Terms of Service can be viewed at any time on this website.

We reserve the right, at our sole discretion, to update, change, supplement or replace these Terms of Service in whole or in part by posting the revised version on our website.

In the event of material changes, we will inform you, where legally required, by means of a notice on our website or by other appropriate means.

Changes take effect on the date stated in the relevant notice.

It is your responsibility to check these Terms of Service periodically for changes.

By continuing to use our Services after a change takes effect, you agree to the updated Terms of Service. Where applicable law requires express consent, we will obtain it separately.

Changes do not retroactively affect rights or obligations that have already arisen, unless this is legally permissible or expressly agreed.


SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Neon Atelier

Email:
info@neonatelier.com

Business address:
Bardenberger Str. 5
52146 Würselen
Germany

Website:
https://neonatelier.com