www.unrivaledneon.com ("our site", "our website"), is operated by Unrivaled Neon ("we", "us", "our"). We are a company registered in Australia under ABN 62 657 319 116, with our registered office located at A11/2A Westall Rd, Clayton VIC 3168 Australia.
These are the legal Terms and Conditions ("Terms and Conditions") that govern the supply of the Products ("Products") listed on our website.
These Terms and Conditions are applicable to all visitors, Customers, and users ("you", "your") who access images, video, audio files, and other forms of our communication ("Content"), use our services, or make purchases from our store Products.
Please carefully read these Terms and Conditions before using our site or ordering any Products from our site. Your use of our site, access to our services, or purchase of Products from our site indicates your acceptance of these Terms and Conditions, along with our Privacy Notice and Terms of Use (even if you are not yet registered with us). If you do not agree to these terms, our Terms of Use, or Privacy Notice, please refrain from using our site.
About Unrivaled Neon
About You
The contract between you and us
Delivery of your order
Payment and pricing
Order Returns & Refunds of Damaged/Faulty Goods
Our rights to action the cancellation of the contract
Liability Disclaimer
Intellectual Property, Copyright & Trademarks
Communications
Promotions
GIft Vouchers
User Generated Content
Your Unrivaled Neon Account
Other important terms
1. About Unrivaled Neon
1.1 This website, www.unrivaledneon.com, is managed by Unrivaled Neon ("we", "us", "our"). We are a registered business in Australia with the ABN 69 217 462 859, and our business address is located at A11/2A Westall Rd, Clayton VIC 3168 Australia. For any inquiries, you can reach us via email at support@unrivaledneon.com
2. About You
2.1 You are eligible to purchase Products from us only if you are legally capable of entering into a binding contract with us and if you are an authorized user of the credit card, debit card, or payment account being used for payment of your order.
3. The contract between you and us
5.1 The prices displayed for the Products on our site are in Australian Dollars (AUD) and may include Goods and Services Tax (GST) at the applicable rate displayed at that time.
5.2 We reserve the right to modify prices on our site at any time without prior notice. However, if your order has already been accepted, any changes to prices will not affect the price at which the order was originally accepted.
5.3 For custom neons that you design, full payment is required at the time of purchase, before production begins.
5.4 When making a purchase on www.unrivaledneon.com for delivery, payment by credit card, debit card, or PayPal may be accepted. We accept major credit cards and payment methods listed on our website.
5.5 Your credit or debit card issuer or payment account provider may impose currency conversion or other fees related to your order. Please refer to your payment card issuer or payment account provider for details of any applicable fees.
5.6 You are responsible for payment of the Products and any relevant delivery charges. Upon submission of your order on the final billing page, we will charge the payment card you have selected. Subsequently, we will seek authorization from your bank or card issuer to process payment for your order.
5.7 Importing any goods purchased from us into your country of residence is your responsibility, even if shipping is provided by us.
5.8 Occasionally, errors may occur, such as incorrect product descriptions or pricing. If we identify any errors, including pricing errors, on goods you have ordered, we will notify you and provide the option to reconfirm your order or cancel it. If we are unable to contact you, we will consider your order cancelled and provide a refund. For any inquiries, please contact us at support@unrivaledneon.com, and we will assist you promptly and efficiently.
5.9 By providing your payment details, you confirm that the payment details provided are valid and accurate, and that you are the individual listed in the billing information.
6. Order Returns & Refunds of Damaged/Faulty Goods
6.1 Unrivaled Neon aims to address any issues concerning our Products in accordance with the Australian Consumer Law, handling each case individually.
6.2 For damaged or faulty products, Unrivaled Neon may offer remedies such as refunds, partial refunds, repairs, or replacements, depending on the circumstances.
6.3 Due to the customized nature of our neon signs, we do not accept returns or offer refunds for changes of mind once payment has been made and production has commenced.
6.4 Unrivaled Neon bears no responsibility for any damages incurred during the installation, uninstallation, or hardwiring of your neon sign after delivery by the courier.
6.5 If a return or repair is agreed upon, you must return the Product in its original condition within 14 days of receipt.
6.6 In the case of a replacement, a new neon sign will be produced and delivered to your address promptly.
6.7 Upon agreement on a full or partial refund, you will be informed of the estimated timeframe for receiving the refund.
6.8 As a consumer, you have legal rights to receive products that reasonably conform to the contract. If a Product is faulty or defective due to our error, your legal rights are not affected by these Terms and Conditions.
6.9 Please notify us promptly if you believe a Product we supplied is faulty or defective and does not conform to the contract.
6.10 Any agreed refunds or partial refunds will be issued through the original payment method used for the purchase.
6.11 Refunds may take up to 14 days to process if there are no other relevant issues with the order.
6.12 We do not accept returns for unwanted items due to a change of mind. Attempting to return such items may result in us returning them to you and requesting you to cover the associated delivery costs.
7. Our rights to action the cancellation of the contract7.1 We reserve the right to terminate the contract by notifying you in writing if:
- You fail to make any payment to us by the due date.
- You fail to provide us with necessary information required to fulfill your order within a reasonable timeframe.
- You fail to accept delivery of the Products within a reasonable timeframe.
- You breach any other Terms and Conditions outlined herein, providing us with legal grounds to terminate the contract.
7.2 In the event of a termination under any reasonable circumstance as outlined in these Terms and Conditions, we will refund any advance payments made for Products that have not been provided. Please note that we may charge or deduct reasonable compensation from you for the termination of the contract.
8. Liability Disclaimer8.1 Unrivaled Neon shall not be held liable for any consequential losses, including but not limited to profit, savings, sales, interruptions, or opportunities arising from the commercial use or resale of the Products.
8.2 These Terms and Conditions do not affect any rights or remedies that cannot be lawfully limited or excluded by applicable legislation.
8.3 Our liability is not limited or excluded for personal injury or death resulting from negligence, fraud, fraudulent misrepresentation, or any matter for which liability cannot be excluded under applicable law.
8.4 Implied or express warranties, guarantees, representations, or other terms not explicitly stated herein are excluded to the maximum extent permitted by law.
8.5 Except for Unrivaled Neon's legal obligations, we are not liable under any circumstances for incidental, indirect, special, punitive, or consequential damages, including but not limited to loss of revenue, contracts, office time, opportunity, goodwill, profits, anticipated savings, or data loss/corruption, whether in contract, tort, equity, statute, indemnity, or otherwise.
8.6 We do not limit or exclude liability for personal injury, death, fraud, or fraudulent misrepresentation where such limitation or exclusion is unlawful.
8.7 Any advice or information provided by us or our website does not create any warranty, representation, or condition beyond what is stated herein.
8.8 Unrivaled Neon shall not be held liable for any failure or delay in performing its contractual obligations due to events beyond its control, including but not limited to events, accidents, acts, or omissions beyond its reasonable control.
8.9 If such an event occurs, impacting our ability to fulfill our contractual obligations, we will promptly notify you and extend the time for performance. Our performance under the contract will be suspended for the duration of the event that is beyond our control.
8.10 You agree to defend, indemnify, and hold Unrivaled Neon, its directors, employees, agents, affiliates, officers, and consultants harmless from any third-party claims, damages, liabilities, or costs arising from your use or misuse of the Website or your breach of these terms, including legal fees.
8.11 These limitations apply to you to the fullest extent permitted under applicable law.
9. Intellectual Property, Copyright & Trademarks9.1 Unrivaled Neon and its licensors retain all Intellectual Property (IP) Rights in our Products, and these rights are reserved and protected globally.
9.2 By placing an order with us, you confirm that you possess the necessary copyright authorization or license to permit Unrivaled Neon to reproduce all materials provided by you for the Product.
9.3 You agree to indemnify Unrivaled Neon against any liability, losses, or expenses incurred due to any breach of copyright, trademarks, or other IP rights associated with the materials you supply.
9.4 Third-party trademarks and images of third-party goods, services, and locations displayed on this website are the property of their respective trademark owners and are not affiliated with Unrivaled Neon unless expressly stated otherwise.
9.5 Without written authorization from our team, you are not permitted to modify, reproduce, distribute, create derivative works of, or exploit Unrivaled Neon Products or content from unrivaledneon.com.
10. Custom designs10.1 Unrivaled Neon reserves the right to decline providing goods for any purposes deemed unethical, unlawful, malicious, or offensive.
10.2 You agree not to utilize our site for any unlawful, fraudulent, harmful, or malicious purposes, including the use of our online Design Tool and/or Image Uploader.
10.3 We retain the right to reject any orders and pursue legal action against you in the event of a breach of these Terms and Conditions if deemed appropriate.
10.4 Our design service covers one or more designs at no additional cost.
10.5 If you wish to change your customized design before production commences, we may offer a partial or full refund. However, once production has started, refunds for your purchase are no longer available.
11. Warranty
11.1 Unrivaled Neon warrants the electrical components of its products for a period of 12 months under appropriate utilization conditions.
11.2 You are required to promptly notify us of any faults that arise, and our team will determine an appropriate and reasonable resolution.
12. Communications
12.1 We will contact you via the contact details provided in your order, unless otherwise specified. Communication "in writing" includes email correspondence.
12.2 For any inquiries or requests regarding these Terms and Conditions or our products, please email us at support@unrivaledneon.com.
12.3 Please address any complaints directly to Unrivaled Neon in writing via email at support@unrivaledneon.com. We strive to handle complaints promptly and reasonably.
12.4 If you are unsatisfied with our handling of your complaint, please notify us, and we will seek alternative ways to address your concerns. You may also opt for alternative dispute resolution, and we will guide you through the process and provide further steps for resolution.
13. Your Unrivaled Neon Account
13.1 It is imperative that you furnish us with genuine and precise information during the registration procedure.
13.2 Safeguard the confidentiality of your username and password, as we are entitled to presume that anyone utilizing your username and password is you.
14. Promotions
14.2 Certain Products may be excluded from promotions at our discretion.
14.3 Our promotional codes may be limited to specific areas or locations, are non-transferable, remain our property, and cannot be used for purchasing gift vouchers, gift cards, or any cash alternative.
14.4 If a promotion code is unable to run properly due to factors such as fraud, tampering, errors, or other unforeseen circumstances beyond our control that affect the fairness or operation of the promotion, we reserve the right to cancel, modify, or suspend the promotion code at our discretion.
14.5 Threshold delivery promotions apply to the total cost of the ordered Products, unaffected by delivery costs.
14.6 If we determine that a promotional code has been misused, such as using a unique code intended for another individual, we reserve the right to cancel the code, suspend or close your account without prior notice.
15. User Generated Content
15.1 We may reach out to you through social media platforms like Instagram or Facebook to showcase your content on our own social media channels.
15.2 By agreeing in writing to let us use your content, you consent to the following terms:
- We can utilize your social media handle and the content on www.unrivaledneon.com and/or on any of Unrivaled Neon’s social media platforms including, but not limited to, Facebook, Instagram, and Twitter.
- You have obtained permission from all individuals featured in the content.
- You understand that other users of social media platforms can share and use the content once it's posted.
- We may crop, adapt, edit, enhance, or modify the content in a non-derogatory manner.
- You grant Unrivaled Neon the aforementioned rights, and you are of legal age to do so.
- If requested by you or any individual featured in the content, we will remove the content from our social media accounts.
15.3 If you do not wish to grant the permissions outlined in 15.2, please refrain from providing us consent to use your content.
16. Social Media Competitions16.1 By engaging in our competitions via our social media profiles or website, you are consenting to abide by the official rules outlined by our team for the respective competition.
16.2 We retain the right to cancel any competition at our discretion, provided we have a reasonable and legal rationale for doing so.
16.3 Winners will be chosen in a fair and impartial manner, as determined by the method specified by our team.
16.4 Failure to respond within 3 months will result in forfeiture of the winning status and associated benefits for competition winners.
17. Other important terms17.1 By utilizing our website, you acknowledge and agree to adhere to the Terms of Use outlined on our platform. It is imperative that you comply with these terms. For further details regarding our Terms of Use, please refer to the relevant information provided here.
17.2 We may utilize your personal data for necessary business operations to fulfill our contractual obligations with you or to further our legitimate interests in enhancing and safeguarding our business. With your consent, we employ cookies on our website to enhance your browsing experience and make pertinent enhancements. For comprehensive information regarding our privacy policy and cookie usage, please refer to the relevant information provided here.
17.3 These Terms and Conditions do not impede upon your rights as a consumer according to the applicable laws of your country of residence.
17.4 We will formally notify you in writing if we transfer or assign our rights or obligations to another entity. In such instances, we ensure that this transfer will not compromise your contractual rights.
17.5 You may only transfer your rights or obligations under these Terms and Conditions to another individual with our explicit written consent.
17.6 Save where expressly stipulated, no third party shall have the authority to enforce any provisions of the contract, as the agreement exists solely between you and us.
17.7 Each clause of these Terms and Conditions functions autonomously. If any court or relevant authoritative body deems any provision unenforceable or unlawful, the remaining clauses shall remain in full force and effect.
17.8 Our failure to enforce your obligations under these Terms and Conditions, or any delay in doing so, does not relinquish your responsibility to fulfill these obligations, nor does it imply waiver of our rights. Any decision to waive a default by you will be communicated in writing. Please note, this does not infer future waivers of any defaults on your part.
17.9 These Terms and Conditions are governed by the laws of Victoria, Australia. You agree to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in all matters relating to these Terms, their subject matter, and their performance.
17.10 If you are a resident and consumer in a country other than Australia, Australian law applies only to the extent that it does not supersede any mandatory laws of your usual country of residence.
17.11 We retain the right to modify, alter, or remove our services and/or any part of our website (including these Terms and Conditions) at any time. The Terms and Conditions applicable to your contract are those in effect on our site at the time of your order placement. Please note that these terms may be subject to change. These Terms and Conditions supersede any prior agreements between you and our team.
Please contact our Customer Care team at support@unrivaledneon.com for any additional questions.This page was last updated 21/03/2024
Unrivaled Neon
600 W. 6th Street Fourth Floor, Ft. Worth, TX 76102, United States