Terms of Service
Please read these Terms and Conditions (hereafter "Terms" or "Terms and Conditions") carefully before using or purchasing from the neonhq.com.au 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 NEON HQ (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, personalised or customised signs, lights, lamps, or art (hereafter “Products”) from NEON HQ via the neonhq.com.au website, over the phone, email, in person, or through any other means whether electronic, digital or otherwise.
Please note that the purchaser is responsible for any import or custom duty charges.
To be eligible to use this Website you must be at least 18 years old. If you use NEONHQ.com.au on behalf of a company, entity, or organisation, you must be an authorised 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 NEONHQ.com.au at our sole discretion, at any time, for any or no reason, and without notice or liability.
NEON HQ Products are made to order. This includes the Products in the Website shop section. Our estimated production to delivery time is 7-10 business days but due to covid, delays can be expected.
'Rush' orders take 2-3 weeks, including production and shipping. Please choose the 'Rush My Order' option at checkout, and let us know the date by which you need your sign to arrive let us know the date you need it in the comments section during check out. 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. Customs clearance may increase the delivery time for some countries.
NEON HQ reserves the right to change our prices at any time.
NEON HQ 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.
Payment and Invoicing
Shop Signs and Products - Payment for all signs and products ordered through the NEON HQ online shop is taken at the point of sale. You can choose to pay by PayPal or by using a major credit card. In Australia, you can also choose to pay in installments using Afterpay.
Create Your Own Neon Signs - Payment for all custom made signs that you design online using our Create Your Own Neon tool is taken at the point of sale. You can choose to pay by PayPal or by using a major credit card. In Australia, you can also choose to pay in installments using Afterpay.
Our Design Service
If you purchase a custom sign we will be happy to offer a design service, offering one or more designs for your approval, at no extra charge. If you have a change of mind and wish to cancel your order before the sign goes into production we will happily offer a refund minus a $70 design fee to cover our costs. Please note that once a custom sign order is approved and has gone into production we are no longer able to offer a refund.
Returns & Refunds
NEON HQ offers refunds, repairs and returns in accordance with the Australian Consumer Law and on the erms set our in this Refund Policy ("Policy"). Any benefits set out in this Policy may apply in addition to consumer's rights under the Australian Consumer Law.
Please read this Policy before making a purchase, so that you understand your rights as well what you can expect from us in event that you are not happy with your purchase.
- Please contact us at firstname.lastname@example.org to let us know which products you wish to return and why attaching a short video of your sign as well as photos. Please note that we require both a video and photo(s) for diagnostic and quality purposes. If you are not able to provide both a video and photo(s) of the problem then our ability to rectify your issue will be limited. Once we have received all of the required information we will be in touch to try to resolve the issue.
- If a return has been agreed please note that you must return the faulty product in its original condition.
- If a return has been agreed the faulty item must be returned for inspection by NEON HQ within 14 days of when you received the product.
- If a replacement has been agreed NEON HQ will endeavour to produce and ship the replacement product to you as soon as possible.
- If a full or partial refund has been agreed NEON HQ will let you know when you can expect to receive the refund.
NEON HQ Warranty
NEON HQ indoor products include a 12-month warranty which covers electrical components when used appropriately. NEON HQ outdoor products include a 12-month warranty which covers electricity components when used appropriately. Resolution for faulty signs will be dependent on the source of the fault and will be determined between NEON HQ and the purchaser.
Warranty Coverage for Hard-Wired & Installed Signs
NEON HQ bears no responsibility for any costs incurred when installing and/or uninstalling your sign. If, in the unlikely event that your sign is experiencing a presumed fault, we will request photos and videos for diagnostic purposes and may require the sign to be sent back to us for replacement or repair. If you have chosen to have your sign installed and/or hard-wired, NEON HQ takes no responsibility for any costs incurred due to uninstalling and/or reinstalling your sign. If your sign has been hardwired in by an electrician it is at our sole discretion to decide if the occurring fault is covered under our 12-month warranty.
NEON HQ Gift Cards are redeemable when:
- making a custom sign using our online design tool;
- purchasing items from our Shop;
- and when you have neon art custom made by sending a quote request to our team.
NEON HQ Gift Cards are valid for 3 years from the date of purchase.
No portion of the Gift Card's value may be redeemed for any other purpose than to purchase a product from NEON HQ.
NEON HQ Gift Cards may not be used with any other discounts or promotions.
NEON HQ Gift Cards may not be purchased using discount codes or any other promotional codes or offer.
Treat your Gift Card like cash, lost or stolen Gift Cards will not be replaced or refunded.
Gift Cards cannot be cancelled or refunded.
Products that are purchased solely, or in part with a Gift Card may only be returned in line with NEON HQ's Returns & Refunds policy which is detailed above.
Products that are purchased solely, or in part with a Gift Card may not be exchanged.
Gift Cards must be used in a single purchase. No credit will be given for any remaining value left on the Gift Card.
You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us or by any of our employees.
Copyright and Trademarks
The content, trademarks, artwork and LED neon signs (the Product) for sale on https://neonhq.com.au are the exclusive property of NEON HQ. Copyright in all designs offered for sale on the NEON HQ website and produced by NEON HQ shall remain the property of NEON HQ unless otherwise agreed in writing.
You warrant to NEON HQ that you have copyright in, or a license to authorise NEON HQ to reproduce all materials supplied by you to NEON HQ for the purpose of the Product. You expressly authorise NEON HQ to reproduce all and any of such works for the purposes of the Product.
You warrant you have the right to use applicable trademarks that may be incorporated in any Product.
You indemnify and agree to keep NEON HQ indemnified against all liability, losses or expenses incurred by NEON HQ in any way directly or indirectly connected with any breach of copyright and trademarks or any third party in relation to any materials supplied by you for the purpose of the Product.
All Goods and/or Services provided by NEON HQ may only be used for lawful and ethical purposes. This includes, but is not limited to copyrighted material. NEON HQ is not required to produce any Goods and/or provide any Services it considers to be unethical, objectionable, threatening, obscene or pornographic.
Use of neonhq.com.au
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 NEONHQ.com.au to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of NEONHQ.com.au;
- use NEONHQ.com.au to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- use NEONHQ.com.au for promotional or commercial purposes, except as expressly allowed in writing by NEONHQ.com.au;
- use NEONHQ.com.au in a manner that may create a conflict of interest;
- use NEONHQ.com.au to promote bigotry or discrimination against protected classes;
- use NEONHQ.com.au 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 NEONHQ.com.au to create or promote pornography or illegal content;
- use NEONHQ.com.au 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 NEON HQ’s Products or NEONHQ.com.au Content, except as expressly authorised by NEON HQ;
- reverse engineer any portion of NEONHQ.com.au, except as may be permitted under the law;
- remove or modify any copyright, trademark, or other proprietary rights notice on NEONHQ.com.au or on any materials printed or copied off of NEONHQ.com.au
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index NEONHQ.com.au or any NEONHQ.com.au Content without permission from NEONHQ.com.au;
- reformat or frame any portion of NEONHQ.com.au;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on NEONHQ.com.au's technology infrastructure;
- attempt to gain unauthorised access to NEONHQ.com.au, user accounts, computer systems or networks connected to NEONHQ.com.au through hacking, password mining or any other means;
- use NEONHQ.com.au or any NEONHQ.com.au 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 NEONHQ.com.au, or otherwise attempt to interfere with the proper working of NEONHQ.com.au; make excessive traffic demands;
- use NEONHQ.com.au 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, NEONHQ.com.au or NEONHQ.com.au Content;
- remove, circumvent, disable, damage or otherwise interfere with any security-related features of NEONHQ.com.au, features that prevent or restrict the use or copying of NEONHQ.com.au Content, or features that enforce limitations on the use of NEONHQ.com.au.
NEONHQ.com.au 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 NEONHQ.com.au.
The Terms and Conditions contain the entire agreement between you and us regarding the use of NEONHQ.com.au, 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
NEONHQ.com.au AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. NEON HQ MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF NEONHQ.com.au, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF NEONHQ.com.au CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH NEONHQ.com.au OR SITE CONTENT. NEON HQ 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 NEON HQ OR NEONHQ.com.au SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
NEON HQ 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 NEON HQ 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: February 10, 2021