General Terms and Conditions

OVERVIEW

This website is operated by Alpha Republic GmbH. The terms "we", "us", and "our" refer to Alpha Republic GmbH. Alpha Republic GmbH offers this website, including all information, tools, and services available to you, the user, from this website, on the condition that you accept all the terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing one of our products, you participate in our "Service" and agree to the following terms ("Terms of Use", "Terms"), including the additional terms and policies referenced herein and/or accessible via hyperlink. These Terms of Use apply to all users of the website, including but not limited to users who are browsers, sellers, customers, merchants, and/or content contributors.

Please read these Terms of Use carefully before accessing or using our website. By accessing any part of the website or using it, you agree to these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use the services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

All new features or tools added to the current shop are also subject to the Terms of Use. You can view the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use or access to the website after the posting of changes constitutes acceptance of those changes.

Our shop is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - TERMS OF USE 

By agreeing to these Terms of Use, you represent that you are of legal age in your state or province, or that you are of legal age in your state or province and have given us your consent to allow minor dependents to use this website. You may not use our products for any illegal or unauthorized purpose and must not violate any laws in your jurisdiction when using the service (including but not limited to copyright laws). You may not transmit any viruses or destructive code (or similar). Any breach or violation of any of the terms will result in immediate termination of the services.

SECTION 2 - GENERAL TERMS

We reserve the right to refuse the service at any time and for any reason. You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may include (a) transmissions over various networks and (b) changes made to conform to technical requirements of connecting networks or devices. You hereby agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service, the use of the service, access to the service, or any contact on the website through which the service is provided without our express written permission. The headings used in this agreement are for convenience only and shall not limit or otherwise affect these terms.

SECTION 3 - SHIPPING AND RETURNS

All orders are delivered within 2-4 business days, depending on the destination country. Orders are not shipped or delivered on weekends or holidays. During high order volumes, shipping may be delayed by a few days. Please allow extra days for delivery in transit.

Delivery time:

Austria: 2-4 business days
Europe (BENELUX, DE, FR, IT, HR, SK, SLO, and HU): 2-4 business days
Europe (FI, GR, PT, and ES): 4-6 business days

Separate online shops for UK and USA

Fees:

Shipping costs depend on your order and will be calculated and displayed at checkout. Free shipping on orders over €35.

Shipping service provider:

Our fulfillment partner is Quivo. We prefer to ship with Austrian Post or DPD. If needed, we also ship with Shipped by DHL or Hermes.

Confirmation and tracking:

Once your order has been shipped, you will receive a shipping confirmation email with a tracking number. Please note that it may take up to 24 hours for a tracking number to become active.

Customs duties, fees, and taxes:

NEOH.COM is not responsible for additional customs duties and taxes imposed on your order – including any fees incurred during or after shipping.

Returns:

Our policy is valid for 30 days. If 30 days have passed since your purchase, unfortunately, we cannot offer you a refund or exchange. For more information, please see "Cancellation Policy". 

SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION 

We are not responsible if the information provided on this website is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon as the sole basis for decisions without consulting primary, more accurate, complete, or current sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to change the content of this website at any time but are not obligated to update the information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 5 - SERVICE AND PRICE CHANGES 

Our products may be changed without notice. We reserve the right to modify or discontinue the services (or any part or content thereof) at any time without notice. We are not liable to you or any third party for any changes, price changes, suspension, or discontinuation of the services.

SECTION 6 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our return policy.

We have made efforts to represent the colors and images of our products appearing in the store as accurately as possible. 
We reserve the right, but are not obligated, to restrict the sale of our products or services to individuals, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices may be changed at any time and without notice at our sole discretion.

We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is invalid if it is prohibited.

We do not guarantee that the quality of the products, services, information, or other materials you have purchased or received will meet your expectations or that errors in the service will be corrected.

SECTION 6.1 – NEOH PRIME Subscription

The NEOH PRIME subscription is a paid, purely digital service that grants registered customers exclusive benefits in the online shop. The price is €3.00 per month (including VAT). The minimum contract term is three (3) months. After this minimum term expires, the subscription automatically renews each time for an additional month unless it is canceled at least one (1) day before the start of the next billing period via the customer account or in writing. Payment is made monthly in advance via the payment method selected at checkout.

Access to the benefits is unlocked immediately after completion. Due to the immediate full provision of the digital service scope, the customer expressly agrees that the statutory right of withdrawal expires with the start of the contract (§ 18 para. 1 no. 11 FAGG / § 356 para. 5 BGB).

The subscription is completed at checkout via a separate checkbox through which the customer confirms the obligation to pay and the waiver of the right of withdrawal.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we wish to modify or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time of order. We reserve the right to restrict or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary. For further details, please read our return policy.

SECTION 8 - OPTIONAL TOOLS 

We may provide you access to third-party tools that we neither monitor nor control or input. 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 assume no liability arising from your use of optional third-party tools or related thereto. Any use of the optional tools offered through the website by you is at your own risk and discretion, and you should ensure that you are familiar with and accept the terms under which the tools are provided by the respective third party(ies). We may also offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services are also subject to these terms of use.

SECTION 9 - THIRD-PARTY LINKS

Content, products, and services available through our service may include materials from third parties. Third-party links on this website may lead you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and do not guarantee or assume any liability or responsibility for third-party materials or websites or for other third-party materials, products, or services. We are not liable for damages or impairments related to the purchase or use of goods, services, resources, content, or other transactions conducted in connection with third-party websites. Please carefully review the third party's policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. 

SECTION 10 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS 

If you send us certain specific submissions (e.g., competitions) upon our request or unsolicited creative ideas, suggestions, or other materials, whether online, by email, by mail, or otherwise (collectively referred to as "comments"), you agree that we may at any time and without restriction edit, copy, publish, distribute, translate, and otherwise use all comments you forward to us in any media. We are not and will not be obligated to (1) keep comments confidential, (2) pay compensation for comments, or (3) respond to comments. We may, but are not obligated to, monitor, edit, or remove content that we, at our sole discretion, consider unlawful, offensive, or threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes on the intellectual property of a party or these terms of use. You agree that your comments do not violate the rights of third parties, including copyright, trademark, privacy, personality rights, or other personal or property rights. You further agree that your comments do not contain defamatory or otherwise unlawful, offensive, or obscene material or contain computer viruses or other malware that could in any way affect the operation of the service or any related website. You must not use a false email address, impersonate someone else, or otherwise mislead the user or third parties about the origin of comments. You are solely responsible for all comments you make and their accuracy. We assume no responsibility or liability for comments posted by you or third parties.

SECTION 11 - PERSONAL INFORMATION

Your input of personal data through the shop is subject to our Privacy Policy.

SECTION 12 - ERRORS, INACCURACIES OR OMISSIONS 

Our website or the provision of our services may contain information that includes typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, product shipping costs, durations, and availability. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the provision of our services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We do not undertake to update, amend, or clarify information in the provision of our services or on any related website, including but not limited to price information, except as required by law. Any stated update date that applies in the provision of our services or on any related website should not be understood to mean that all information in the provision of our services or on any related website has been changed or updated.

SECTION 13 - PROHIBITED USE 

In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the website or its content: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon our intellectual property rights or the intellectual property rights of others; (e) harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or other types of malicious code that in any way affect the functionality or operation of the service or any related website, other websites, or the internet; (h) collecting or tracking the personal information of others; (i) sending spam, phishing, pharm, pretext, spider, crawling, or scraping; (j) for obscene or immoral purposes; or (k) disrupting or circumventing the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or related websites if you violate any of the prohibited uses.

SECTION 14 - DISCLAIMER OF LIABILITY; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results obtained through the use of the service will be accurate or reliable. You agree that we may remove the service from time to time for an indefinite period or terminate the service at any time without prior notice. You expressly agree that your use of or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are provided (unless we expressly state otherwise) "as is" and "as available" for use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement of third-party rights. In no event shall Alpha Republic GmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, revenues, lost savings, data loss, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or products obtained through the service, or for any other claims related in any way to your use of the service or a product, including but not limited to errors or omissions in any content or losses or damages of any kind arising from the use of the service or any content (or product) published, transmitted, or otherwise made available through the service, even if advised of the possibility thereof. Since in some states or jurisdictions the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability in those states or jurisdictions is limited to the maximum extent permitted by law. 

SECTION 15 - INDEMNIFICATION

You agree to indemnify and hold harmless Alpha Republic GmbH and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party. 

SECTION 16 - PAYMENT DEFAULT AND REMINDER FEES

Please note that additional costs will be incurred in the event of default in payment. Furthermore, we are entitled to charge reminder fees for each reminder in the event of default in payment, insofar as these are necessary for appropriate legal enforcement and are reasonable in relation to the claim being reminded.

SECTION 17 - SEVERABILITY CLAUSE

If any provision of these Terms of Use is deemed unlawful, invalid, or unenforceable, such provision shall still be enforceable to the extent permitted by applicable law, and the unenforceable part shall be severed from these Terms of Use, with such determination not affecting the validity and enforceability of the remaining provisions.

SECTION 18 - TERMINATION

Obligations and liabilities of the parties incurred prior to the termination date shall survive termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or by ceasing to use our website; if, at our sole discretion, you are unable or we suspect you have failed to comply with any condition or provision of these Terms of Use, we may also terminate this agreement at any time without notice, and you remain liable for all amounts due up to and including the termination date; and/or we may deny you access to our services (or parts thereof).

SECTION 19 - AGREEMENT 

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and all policies or operating rules published by us on this website or in relation to the service constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between us (including but not limited to earlier versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafter.

SECTION 20 – APPLICABLE LAW

These Terms of Use and all separate agreements under which we provide you services are governed by the laws of Austria and interpreted in accordance with them. The place of jurisdiction is Vienna.

SECTION 21 – DISPUTE RESOLUTION PROCEDURE

Consumers have the option to submit complaints to the EU Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr. We are willing to participate in an out-of-court dispute resolution procedure.

SECTION 22 - CHANGES TO THE TERMS

You can view the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Use at our sole discretion by posting updates and changes on our website. It is your responsibility to regularly check our website for changes. Your continued use of our website or the service, or access to this website or the service after changes to these Terms of Use have been posted, constitutes acceptance of those changes.

SECTION 23 – CONTACT INFORMATION 

If you have questions about the Terms of Use, you can send them to the following email address: support@neoh.com