Custom Neon Terms and Conditions
Please read these Terms and Conditions (hereafter "Terms" or "Terms and Conditions") carefully before using or purchasing from the CustomNeon.com website (hereafter "Site", “Website” or “the Website”) or interacting with the purchasing system, customer support or other services (hereafter “the Service” or “Service”) operated by Custom Neon (hereafter "us", "we", or "our").
Your access to and use of the Website and Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and Customers (hereafter “you”, “them”, or “they”) who:
- access the images, photos, audio, video and other forms of data or communication (hereafter “Content”);
- use the Service;
- and purchase store products, personalized or customized signs, lights, lamps or art (hereafter “Products”) from Custom Neon via the CustomNeon.com website, over the phone, email, in person or through any other means whether electronic, digital or otherwise.
To be eligible to use this Website you must be at least 18 years old. If you use CustomNeon.com on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to these Terms and Conditions (which authority you hereby exercise).
Changes to these Terms and Conditions
We may modify the Terms and Conditions from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms and Conditions on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms and Conditions. Your continued use of this Website after any posted modification to the Terms and Conditions indicates your acceptance of the modification.
We reserve the right to modify, update, or discontinue CustomNeon.com at our sole discretion, at any time, for any or no reason, and without notice or liability.
Custom Neon Products are made to order. This includes the Products in the Website shop section. We aim to deliver Your Product within 3-5 weeks for standard orders and within 2-3 weeks for express orders. We will make every effort to ensure your purchased Product reaches you within the stated timeframe but we make no guarantees as issues can arise that are outside of our control.
Custom Neon reserves the right to change our prices at any time.
Custom Neon reserves the right to refuse or cancel certain orders at our sole discretion. You will be informed of any such refusal or cancellation within a reasonable timeframe, and a reason for the refusal or cancellation will be provided.
Returns & Refunds
Custom Neon offers returns and refunds for Store Products only. Store Products are Products that are purchased directly through the Shop section of our Website without any customization or personalization.
Customized and personalized Products are not eligible for returns or refunds.
For all Store Products we offer a return and refund policy with the following conditions:
- All Products must be unopened and in their original condition.
- The return must be within 28 days of purchase.
Return shipping costs:
- If your Product is faulty Custom Neon will cover the cost of the return shipping.
- If the Product is not faulty and you have simply changed your mind regarding the purchase, return shipping will be at your own cost.
Custom Neon indoor Products include a 1 year warranty which covers electrical components when used appropriately. Custom Neon outdoor Products include a 3 month warranty which covers electrical components when used appropriately.
Resolution for faulty signs will be dependent on the source of the fault and will be determined between Custom Neon and You, the purchaser. Custom Neon will either fix, replace or refund the product.
The content, trademarks, artwork and Products for sale on https://customneon.com/ are the exclusive property of Custom Neon.
You acknowledge and agree that all ownership, license, intellectual property and other rights and interests in and to the Website and Service, including without limitation, any LED neon sign designed and/or built in connection with the Service, together with any image, design, proof or other representation or of a LED neon sign produced by Custom Neon in connection with the Service shall remain solely with Custom Neon, unless expressly agreed otherwise, in writing, by Custom Neon.
You agree not to reproduce, duplicate, copy, or exploit any portion of the Product, use of the Service or Products, or access to the Service or Products, without express written permission by us.
As part of our Terms and Conditions, our customers warrant that they have appropriate intellectual property rights in any content they create or upload to our servers. Moreover, our customers agree to indemnify and hold harmless Custom Neon for all liability resulting from any breach of warranties including the aforementioned intellectual property warranty.
Use of CustomNeon.com
We grant you permission to use this Website subject to the restrictions in these Terms and Conditions.
Restrictions on Use
You agree that you will not, and will not assist or enable others to:
- use CustomNeon.com to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of CustomNeon.com;
- use CustomNeon.com to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- use CustomNeon.com for promotional or commercial purposes, except as expressly allowed in writing by CustomNeon.com;
- use CustomNeon.com in a manner that may create a conflict of interest;
- use CustomNeon.com to promote bigotry or discrimination against protected classes;
- use CustomNeon.com to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- use CustomNeon.com to create or promote pornography or illegal content;
- use CustomNeon.com in violation of the Terms and Conditions or any applicable law;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit Custom Neon’s Products or CustomNeon.com Content, except as expressly authorized by Custom Neon;
- reverse engineer any portion of CustomNeon.com, except as may be permitted under the law;
- remove or modify any copyright, trademark or other proprietary rights notice on CustomNeon.com or on any materials printed or copied off of CustomNeon.com
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index CustomNeon.com or any CustomNeon.com Content without permission from CustomNeon.com;
- reformat or frame any portion of CustomNeon.com;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on CustomNeon.com's technology infrastructure;
- attempt to gain unauthorized access to CustomNeon.com, user accounts, computer systems or networks connected to CustomNeon.com through hacking, password mining or any other means;
- use CustomNeon.com or any CustomNeon.com Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
- use any device, software or routine that interferes with the proper working of CustomNeon.com, or otherwise attempt to interfere with the proper working of CustomNeon.com; make excessive traffic demands;
- use CustomNeon.com to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, CustomNeon.com or CustomNeon.com Content;
- remove, circumvent, disable, damage or otherwise interfere with any security-related features of CustomNeon.com, features that prevent or restrict the use or copying of CustomNeon.com Content, or features that enforce limitations on the use of CustomNeon.com.
CustomNeon.com may include content from and/or links to other websites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.
No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions, and you do not have any authority of any kind to bind us in any respect whatsoever.
We may provide you with notices, including those regarding changes to the Terms and Conditions by email, regular mail or postings on CustomNeon.com.
The Terms and Conditions contain the entire agreement between you and us regarding the use of CustomNeon.com, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms and Conditions.
Any failure on our part to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect and enforceable.
The Terms and Conditions are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms and Conditions shall be void.
The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
Warranties, Disclaimers, and Limitations of Liability
CustomNeon.com AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. Custom Neon MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF CustomNeon.com, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF CustomNeon.com CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH CustomNeon.com OR SITE CONTENT. Custom Neon FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM Custom Neon OR CustomNeon.com SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
Custom Neon DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF Custom Neon OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Last updated: April 17, 2019