Last updated: July 2026

1. Provider and Scope of Application

1. These General Terms and Conditions apply to all contracts concluded through the online shop of Neomium GmbH.

   Neomium GmbH
   Vagener Str. 9B
   83620 Feldkirchen-Westerham
   Germany
   E-Mail: info@neomium.eu
   Telefon: +49 8063 2569772
   Handelsregister: Amtsgericht Traunstein, HRB 33651
   Umsatzsteuer-Identifikationsnummer: DE356967238

2. The offer is intended for both consumers and businesses.
3. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activity.
4. A business is a natural or legal person, or a partnership with legal capacity, that enters into a legal transaction in the course of its commercial or self-employed professional activity.
5. Any deviating terms and conditions of a business shall not become part of the contract unless Neomium GmbH has expressly agreed to their application in text form.

2. Offer and Conclusion of Contract

1. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to the customer to place an order.
2. The customer can add the desired products to the shopping cart. Before submitting the order, the customer can review and correct the information entered.
3. By clicking the appropriately labeled order button, the customer submits a binding offer to conclude a purchase contract for the products contained in the shopping cart.
4. The automatic acknowledgment sent immediately after the order is submitted merely confirms that Neomium GmbH has received the order. It does not constitute acceptance of the offer unless the email expressly confirms acceptance of the order.

5. The contract is concluded when Neomium GmbH:

   • accepts the order by sending a separate order confirmation by email,
   • ships the goods to the customer, or
   • expressly requests payment from the customer,

   whichever occurs first.

6. If Neomium GmbH does not accept the offer within five calendar days of receiving the order, the customer shall no longer be bound by the offer. Any payments already made will be refunded without undue delay.
7. If payment is made through a payment service provider, the terms and conditions of the respective payment service provider may also apply to the conclusion of the contract.

3. Contract Text and Contract Language

1. The order details and these General Terms and Conditions will be provided to the customer in text form after the order, for example by email.
2. If the contract text is stored by Neomium GmbH, it may not remain permanently accessible to the customer through the online shop after the order has been completed. The customer is therefore advised to save the order confirmation and the General Terms and Conditions.
3. The languages available for concluding the contract are displayed in the online shop.

4. Prices and Terms of Payment

1. For consumers, the total prices shown include the applicable statutory value-added tax.
2. Prices intended exclusively for businesses may be stated as net prices plus the applicable statutory value-added tax, provided this is clearly indicated in the respective offer.
3. Any additional delivery and shipping costs will be shown separately in the respective offer or during the ordering process.
4. For deliveries to countries outside the European Union, additional customs duties, taxes, or fees may apply. These are not charged by Neomium GmbH but must be paid by the customer to the relevant authorities or service providers.
5. The payment methods available in the online shop are displayed to the customer during the ordering process. These may include, in particular:
   
   • PayPal,
   • credit card and
   • bank transfer.
6. Unless otherwise agreed, the purchase price is due immediately upon conclusion of the contract.
7. For payments by bank transfer, the goods will generally be shipped once the full invoice amount has been received, unless otherwise agreed.
8. The customer shall only be entitled to set off claims if their counterclaims have been legally established, are undisputed, or have been acknowledged by Neomium GmbH. This restriction does not apply to consumers where the claims arise from the same contractual relationship.

5. Delivery and Shipping

1. Delivery is available within the European Union. Deliveries to other countries may be possible by prior arrangement.
2. The available delivery areas, shipping costs, and estimated delivery times are displayed in the online shop or during the ordering process.
3. Unless expressly agreed otherwise, delivery will be made to the delivery address provided by the customer.
4. If, in exceptional circumstances, an ordered product is unavailable despite a corresponding contract having already been concluded, Neomium GmbH will inform the customer without undue delay. Any payments already made will be refunded without undue delay. The customer’s statutory rights remain unaffected.
5. If the customer is a consumer, the risk of accidental loss or accidental deterioration generally passes only when the goods are handed over to the customer or to a third party authorized by the customer to receive them.
6. If the customer is a business, the risk passes when the goods are handed over to the carrier or another person designated to carry out the shipment.
7. Any obvious transport damage should, where possible, be reported immediately to the carrier and communicated to Neomium GmbH. Failure to provide such notification does not affect consumers’ statutory warranty rights.

6. Special Obligations of Businesses

1. If the purchase constitutes a commercial transaction for both contracting parties, businesses are subject to the statutory duties of inspection and notification of defects, particularly in accordance with Section 377 of the German Commercial Code (HGB).
2. The business must inspect the goods without undue delay after delivery and report any apparent defects without undue delay. Hidden defects must be reported without undue delay after their discovery.
3. These commercial duties of inspection and notification of defects do not apply to consumers.

7. Retention of Title

1. For consumers, the delivered goods remain the property of Neomium GmbH until the respective purchase price has been paid in full.
2. For businesses, the goods remain the property of Neomium GmbH until all claims arising from the ongoing business relationship have been settled in full.

8. Technical Specifications and Use of Products

1. Technical data, product descriptions, illustrations, and drawings serve to describe the respective product. The expressly agreed characteristics and specifications shall be decisive.
2. The products may only be used in accordance with the relevant product description, operating instructions, safety information, and technical specifications.
3. In particular, the specified limits for voltage, current, temperature, load, environmental conditions, and intended application must be observed.
4. Statutory warranty rights are not forfeited solely because a product has been opened or inspected.
5. Claims relating to a defect may, however, be excluded to the extent that the defect or damage was demonstrably caused by improper use, unauthorized modification, incorrect installation, use outside the technical specifications, or failure to follow the safety and operating instructions.
6. The customer’s mandatory statutory rights remain unaffected.

9. Warranty Rights and Guarantees

1. Statutory warranty rights apply.
2. For consumers, the statutory provisions governing liability for defects in consumer goods purchases apply.
3. For businesses, in the event of a defect, Neomium GmbH shall initially be entitled, at its discretion, to repair the product or provide a replacement. If such remedial performance fails or is unreasonable, the business shall be entitled to the additional statutory warranty rights.
4. An additional guarantee applies only if it has been expressly provided for the respective product. Any such guarantee does not restrict statutory warranty rights.
5. Where a manufacturer provides its own guarantee, its content and scope are governed by the manufacturer’s respective guarantee terms.

10. Liability

1. Neomium GmbH shall have unlimited liability:
   
   • in cases of intent and gross negligence,
   • in cases of culpable injury to life, limb, or health,
   • under the provisions of the German Product Liability Act,
   • in cases of fraudulent concealment of a defect, and
   • to the extent covered by an expressly provided guarantee.
2. In the event of a slightly negligent breach of a material contractual obligation, liability shall be limited to the typical foreseeable damage at the time the contract was concluded.
3. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose fulfillment the customer may generally rely.
4. In all other respects, liability for slight negligence is excluded.
5. The foregoing limitations of liability shall also apply for the benefit of Neomium GmbH’s legal representatives, employees, and agents.

11. Right of Withdrawal for Consumers

1. Consumers generally have a statutory right of withdrawal for distance contracts.
2. Details are set out in the separate withdrawal instructions and the model withdrawal form contained therein.
3. Businesses do not have a statutory right of withdrawal.
4. The right of withdrawal may be excluded, in particular, for goods that are not prefabricated and whose production is based on an individual choice or decision by the consumer, or that are clearly tailored to the consumer’s personal requirements. The statutory provisions and the separate withdrawal instructions shall apply.
5. If Neomium GmbH provides the consumer with a return label and the consumer uses it, Neomium GmbH shall bear the return shipping costs. Further details are set out in the withdrawal instructions.

12. Applicable Law

1. The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory statutory provisions of the country in which they have their habitual residence.

13. Place of Jurisdiction

1. For consumers, the statutory provisions governing jurisdiction shall apply.
2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the registered office of Neomium GmbH shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
3. Neomium GmbH shall remain entitled to bring legal action against a business at its general place of jurisdiction.

14. Consumer Dispute Resolution

Neomium GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.