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TERMS AND CONDITIONS


Welcome to the Neon & Co website (the “Site”). “Neon & Co” refers to D.P Thaddy Pty Ltd (ABN: 2716 2613872), the company who owns and operates this website, having its registered office at:

262 Toorak Road
South Yarra VIC 3141
Australia

and its subsidiaries, related entities and assigns. By accessing, browsing or using this Site, You acknowledge that You have read, understood and agree to be bound by these Terms and Conditions (the “Terms”) which, together with our Privacy Policy govern the relationship between Us (neon & co) and You (the User). If You do not agree to these Terms, You must not use or access this Site.

1. USE OF THIS SITE

Your use of this Site is subject to the following terms and conditions: (a) Your use of this Site must, at all times, be in compliance with these Terms and must only be for your own, non-commercial, personal use. You are responsible for all communications, including but not limited to, the transmission, uploading or posting of information onto or through this Site by You or through Your login and You shall be responsible for the consequences of any such communications to the Site. (b) You must not use the Site for any of the following purposes, which are expressly prohibited by neon & co: (i) Communicating, transmitting, posting or uploading of

any material that infringes on any rights, including but not limited to intellectual property, of any third party. (ii) Communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libelous or abusive. (iii) Engaging in any conduct that would violate any law or regulation in any applicable jurisdiction. (iv) Attempting to interfere in any way with the Site’s or neon & co’s network security, or attempting to use the Site’s service to gain unauthorised access to any other computer system or network. (c) You are responsible for maintaining the confidentiality of Your login details and You accept responsibility for all activities that occur under Your login. You must notify Us immediately in the event of any unauthorised use or misuse of Your account or where there is any other breach of security. (d) neon & co reserves the right to revise these Terms at any time and for any reason without notice to You. It is Your responsibility to review these Terms each time You use the Site. (e) We reserve the right to, at any time and without notice to You, revise the products and services available on and through this Site and to change, suspend or discontinue any aspect of this Site without liability to You or to any third party. (f) neon & co may, at our sole discretion, impose rules for and limits on the use of this Site by You or any other member or restrict Your access to part, or all,

of the Site without notice or penalty. Any such rules, limits or restrictions shall be incorporated into and form part of these Terms. (g) neon & co may impose additional terms and conditions specific to any products, orders or aspects of your use of this Site, including but no limited to, with respect to the ordering, shipment and return of goods purchased through this Site.

These Additional Terms shall be incorporated into and form part of these Terms. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail to the extent of the inconsistency.


2. PRODUCTS AND INFORMATION

Your use of this Site is, at all times, entirely at Your own risk. Except in respect of any content submitted by Members, neon & co shall use reasonable endeavours to ensure that any information on this Site is complete, reliable and up to date. Notwithstanding this, neither We, nor any third party make any warranties or guarantees as to the accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this Site. You acknowledge that any such information may contain errors or inaccuracies and neon & co expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, We may correct that information without any liability to You or any third party.  Neon & co does not make any guarantee as to the availability or suitability of products on this Site. Its is your responsibility to determine the suitability of a product or service for You and neon & co expressly excludes all liability in relation to this.  Neon & co reserves the right to, at its sole discretion, limit the quantity of products purchased by any User through this site at any time and for any reason.


3. PAYMENT METHODS

Credit Cards: We accept all major credit cards including Visa and MasterCard. There is no surcharge for Visa or Mastercard transactions with neon & coproducts.com. Please be sure to provide your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. Your credit card will be billed as soon as your order is placed. This is done to protect the security of your credit card details, as we do not store your card details at any point. In the event that we cannot fulfil your order or some items cannot be shipped, we will refund the difference back to your credit card. These refunds may take several business days to appear on your statement.


4. PROPRIETARY RIGHTS

This Site contains materials that are owned by or licensed to neon & co. These materials include, but are not limited to, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create

derivative works from any of the content or materials contained on this Site. You may not create a link to this Site from another website or document without the prior written consent of neon & co.  neon & co does not claim ownership of any content or materials You make available through the Site however You grant neon & co a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or materials or part thereof without any obligation of compensation or attribution to You. You represent, warrant and covenant to Us that You have the full right to grant to neon & co the right to use such content or materials in the manner specified in this Clause.


5. DISCLAIMER

Your use of this Site, is at all times at Your own risk and you assume all responsibility associated therewith. All information, content, materials or products available on or in any way through this Site are provided to You on an as is basis. Neon & Co expressly excludes all warranties, express or implied, to the extent permitted by law, including but not limited to those relating to merchantability and fitness for a particular purpose.  Neon & Co does not warrant that this Site and the services provided herein will be uninterrupted, free from errors, defects, viruses or other harmful components. From time to time this Site may contain links to other third party websites. Neon & Co does not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and We expressly exclude any liability which may arise from Your use of or access to those third party websites.


6. INDEMNIFICATION

You shall indemnify, defend and hold harmless neon & co and its subsidiaries and assigns, from and against any and all claims, damages, liabilities, costs (including legal fees) and expenses which arise directly or indirectly from Your use of this Site, any breach by You of these Terms or the Privacy Policy, or any breach of any third party intellectual property rights.


7. LIMITATION OF LIABILITY

Not with standing anything else in these Terms, neon & co, its subsidiaries, assigns and third party providers shall not, under any circumstances be liable to You or any other User of this Site for any direct, indirect, incidental, punitive, special or consequential damages whether based on contract or tort arising out of Your use or inability to use this Site.  Neon & co’s total liability to You shall be limited to the amount paid by You to Us for Your membership fees for the membership period during which the event giving rise to the liability occurs. This Clause 7 applies in respect of all content, information, products and services available on or through this Site.


8. POSTAGE

Any products purchased by You from this Site will be posted by a third party carrier. All title in and risk to such products will pass to You upon delivery to the third party carrier by neon & co.

9.  RETURN POLICY

If You are not 100% satisfied with your product purchase, you can return Your un-opened, unused product(s) in its original condition to neon&co within 7 days of the date on the invoice for a full refund upon pre-approval from neon&co. All products are checked for quality before dispatch and while we try our best to ensure that the product is delivered to You in perfect condition, the product may be damaged in the delivery process.

Should this happen You can return the damaged items and We will re-send the product and pay for the return and additional postage charges. In the case where the product is sold out we will offer a full refund. If You intend to seek a refund, replacement or exchange, you must email Us on inquires@neoncoproducts.com or call Us on 0400 59 56 62 to obtain prior approval. Please include the order number and reason for the return. Neon & Co shall bear the costs of all domestic return shipping. Return the items to:

Neon & Co

262 Toorak Road
South Yarra VIC 3141
Australia

Please do not send Your purchased product back to the manufacturer.  Neon & Co will not refund any opened, used products.

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