Important Legal Notice
www.unrivaledneon.com.au (“our site”, “our website”) is a site operated by Unrivaled Neon (“we”, “us”, “our”). We are a company registered in Australia under ABN 62 657 319 116 and with our registered office at A11/2A Westall Rd, Clayton VIC 3168 Australia.
These are legal Terms and Conditions (“Terms and Conditions”) under which we supply the Products (“Products”) listed on our website.
These Terms and Conditions apply 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 purchase our store Products.
Please read these Terms and Conditions carefully before using our site or before ordering any Products from our site. When you shop with us, access our services or use our site indicates you accept these Terms and Conditions together with our Privacy Notice and Terms of Use (even if you are not yet registered with us). If you do not accept these terms, our Terms of use or Privacy notice, please do not use 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.au, is operated by Unrivaled Neon (“we”, “us”, “our”). We are a business registered in Australia (ABN 69 217 462 859) and with our registered business address at A11/2A Westall Rd, Clayton VIC 3168 Australia. Our email address is support@unrivaledneon.com.au
2. About You
2.1 You may only purchase Products from us if you are legally capable of entering into a binding contract with us and if you are an authorised user of the credit card, debit card or payment account that is being used for payment of your order.
3. The contract between you and us
3.1 These Terms and Conditions as well as any contract between us will only be available in English. Please keep a copy of these Terms and Conditions and order for your own reference.
3.2 Once you place an order with us, you should receive an email informing you that we have received the order. This does not mean your order has been accepted as orders are subjected to availability and acceptance by us. Note, please inform us if you have not received the confirmation order email.
3.3 After your order is submitted, your bank or card issuer will be contacted by us for authorization to take payment from your account. Once the payment is received in full, we accept your order and inform you via email that your product is being processed and ready for dispatchment. This is the point at which the contract between us (“Contract”) will be formed.
3.4 Even if we have previously confirmed your order, there may be very occasional times when we may need to refuse or cancel an order or freeze or close an account. This may occur because we have noticed some unusual activity on your account or unusual occurrence relating to your order. If you need any assistance or think we’ve made a mistake, please reach out to our customer care team and we will handle the situation for you.
3.5 There may be minor changes that occur to a Product from time to time to adjust to changes in relevant laws and regulatory requirements.
4. Delivery of your order
4.1 Some restrictions may be placed on the extent to which we accept orders in specific countries/areas or postcodes.
4.2 When ‘rush order’ option is selected at check out, we will endeavour to ship your Product as close to your preferred date but we cannot guarantee issues outside of our control may arise. Please check our deliveries page for details including details regarding rush orders.
4.3 Your order will be fulfilled by the delivery date informed via the dispatch confirmation. Please note in any event, delivery will take place no more than 30 days after the day your contract is entered into (unless an event occurs that is out of our control in which you may be notified). If no delivery date is specified, your order will be fulfilled as soon as reasonably possible (this may also vary according to the delivery service you selected). Please check the delivery page for more details about times of delivery.
4.4 If no one is available at the address to accept the delivery, the Products will be delivered through the mailbox, an alternative safe place or your designated post office/parcel station. If you do not pick up your package in time, we may notify you and inform you that it may get sent back to us and you will have to pay a shipping fee if you would like us to send it through to you once again.
4.5 When the Products have been delivered to the address you specified, the Products will then be your responsibility from that time and the delivery of the order will be considered complete.
4.6 Note, the images on our site and in our marketing material are for illustrative purposes only. We have made every effort to display and ensure the display of colours of Products is as accurate as possible. There may be slight variation between the Products you receive and the images displayed. We cannot guarantee that the colours of the Products delivered to you will accurately match those the pictures you see on your device’s display screen and other marketing material.
5. Payment and pricing
5.1 The prices payable for the Products will be shown on our site as AUD. Prices on our site may include GST at the relevant rate for that time displayed.
5.2 We can change prices on our site at any time without notice. If the order has already been accepted, then the changed prices will not impact the price at which the order was accepted at originally before the change occurred.
5.3 For custom neons that we produce that have been designed by you, payment is required in full at the point of sale (before production).
5.4 If you are making a purchase on the www.unrivaledneon.com.au website for a delivery in payment by credit card, debit card or Paypal may be accepted. We accept the major credit cards and payment methods listed on our website.
5.5 The issuer of your credit or debit card or payment account being used may charge currency conversion or other fees relating to your order. Please check the issuer of the payment card or payment account being utilised for your order for such fees.
5.6 You must pay for the Products including all relevant delivery charges. Once you reach the final billing page and submit your order, we will charge the card you have chosen to pay with if you selected the option to pay by card. We will then immediately contact your bank or card issuer for authorisation to take payment from your account for your order submitted.
5.7 You will be responsible for importing any goods you purchase from us into your country of residence. Any shipping provided by us is on your behalf.
5.8 From time to time, our staff may describe a Product wrong or describe a promotion wrong, or may label the wrong price on the Product being ordered. If any errors including pricing errors are discovered by us on any goods you’ve ordered, we will inform you and give you an option of reconfirming your order or cancelling it. If we can’t get in touch with you, we will treat your order as cancelled and we will provide a refund. Please contact us on support@unrivaledneon.com.au for any relevant enquiries and we will endeavour to assist you in a prompt and helpful manner.
5.8 By entering your payment details, you warrant the payment details provided are valid and accurate confirming you are the individual listed within the billing information.
6. Order Returns & Refunds of Damaged/Faulty Goods
6.1 In line with Australian Consumer Law, Unrivaled Neon endeavours to resolve any issues that may arise regarding our Products on a case-by-case basis.
6.2 Unrivaled Neon may offer a refund, partial refund, fix or replacement depending on the situation for any damaged and/or faulty products only.
6.3 Due to the custom nature of our neon signs, we do not provide returns or refunds on any goods that you decide to change your mind on once your payment has already been made and production has begun.
6.4 Unrivaled Neon is not responsible for any damages incurred during installation, uninstallation and/or hardwiring of your neon sign once delivery by the courier has taken place.
6.5 If a return or fix is agreed, you will be required to return the Product in its original condition within 14 days of you receiving the Product
6.6 If a replacement is agreed, a new neon sign will undergo production and delivery to your address as soon as possible
6.7 If a full or partial refund is agreed, you will be advised about any approximate time frames you may expect to receive the refund
6.8 If you are a consumer of our Products, we have a legal duty to apply products that are in reasonable conformity with the contract. If the Products are faulty or defective due to our error, these Terms and Conditions will not affect your legal rights.
6.9 Please notify us immediately if you believe any Product we have supplied you is faulty or defective and not in conformity with the contract.
6.10 If we end up agreeing in writing to provide you a refund or partial refund, it will be provided through the original payment method that you used to purchase your goods.
6.11 Refunds may take up to 14 days to be issued to you if there are no other relevant issues with the order.
6.12 We don’t accept returns for unwanted items due to change in mind. If you try to process a return anyway, we may have to send your items back to you and ask you to cover the corresponding delivery costs.
7. Our rights to action the cancellation of the contract
7.1 We have the option to end the contract at any time by writing to you if:
- You do not make any payment to us by due date; or
- You do not provide us necessary information relevant to providing you the Products requested within a reasonable time frame; or
- You do not allow us to deliver the Products to you within a reasonable time frame; or
- If you have breached any other Terms and Conditions that provide us the basis to legally end the contract
7.2 If we end the contract in any reasonable case stated in these Terms and Conditions, we will provide refunds for Products paid in advance for products that we have not provided. Note, we may charge or deduct a reasonable compensation from you as a result of breaking the contract.
8. Liability Disclaimer
8.1 We will not be liable for any losses such as profit, savings, sales, interruptions or opportunities if you use the Products for any business, commercial or resale purpose.
8.2 Nothing in these Terms and Conditions restricts, excludes or modifies any remedy or right, or any warranty, guarantee or other term or condition, imposed or implied by any legislation which cannot lawfully be limited or excluded.
8.3 We do not in any way exclude or limit our liability for personal injury or death caused by our negligence, fraud or fraudulent misrepresentation or any matter for which we not exclude or limit our liability under any applicable law.
8.4 All implied or express warranties, guarantees, representations, or other Terms and Conditions relating to these Terms and Conditions or their subject matter, not contained in these Terms and Conditions, are excluded from these Terms and Conditions to the maximum extent permitted by law.
8.5 Subject to Unrivaled Neon's obligations to the maximum extent permitted by law , Unrivaled Neon is not liable for, and no measure of damages will, under any circumstances, include: incidental, indirect, special, punitive or consequential damages; or damages for loss of revenue, contracts, office time, opportunity, goodwill, profits, anticipated savings or loss/corruption of data, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on any basis including fundamental breach or breach of a fundamental term, whether or not such damage or loss was foreseeable.
8.6 Where it would be unlawful to do so, we do not limit or exclude our liability to you (this includes liability for personal injury or death caused by the negligence of our team for fraud or fraudulent misrepresentation).
8.7 No advice of information, whether written or orally communicated from us or our website shall create any warranty, representation or condition not stated herein.
8.8 If an event outside of our control occurs, we will not be held reliable or responsible for any failures to perform, or delay in performance, of any of our Contract obligations. An event outside of our control may be considered an event, accident, act or omission beyond our reasonable control.
8.9 In the case of an event outside of our control affecting our ability to perform and meet our Contract obligations, we will contact you as soon as reasonably possible to notify you and the time to perform our obligations will be extended and our performance of obligations relevant to the contract will be suspended for the duration of the corresponding event that occurred outside of out control.
8.10 You agree to defend, indemnify and hold Unrivaled Neon, its directors, employees, agents, affiliates, officers, consultant from any and all third-party claims, damages, liability and/or costs (including but not limited to, legal fees) relating to your misuse or use of this Website of your breach of these terms mentioned.
8.11 The above limitations shall apply to you to the fullest extent permitted under applicable law.
9. Intellectual Property, Copyright & Trademarks
9.1 All and any Intellectual Property (IP) Rights in our Products shall be owned by us or our licensors. All corresponding rights are reserved and are protected globally.
9.2 Through placing an order with us, you warrant to Unrivaled Neon that you have copyright authorisation or a license to authorise Unrivaled Neon to reproduce all materials supplied by you to our team for the purposes of the Product.
9.3 You indemnify Unrivaled Neon against all liability, losses or expenses incurred in any way connected with a breach of any copyright, trademarks or IP rights related to the materials supplied or communicated by you.
9.4 Third party trademarks and images of third party goods, services and/or locations featured on this website that are used to describe and identify them are owned by the respective trademark owners and are in no way associated, affiliated, endorsed or linked with Unrivaled Neon (except where expressly stated).
9.5 Unless expressly authorised in writing by our team, you may not adapt, reproduce, distribute, create derivative works or adaptations of, or in any way exploit Unrivaled Neon Products or unrivaledneon.com.au Content.
10. Custom designs
10.1 Unrivaled Neon is not required to provide goods for any purposes we believe to be unethical, unlawful, malicious or offensive in any way.
10.2 You agree to not use our site for any purposes that are considered unlawful, illegal, fraudulent, harmful, malicious including use of our online Design Tool and/or our Image Uploader
10.3 We reserve the right to refuse any orders and take legal action against you if you decide to breach any of these Terms and Conditions mentioned and it is reasonable to do so.
10.4 We provide design service for one or more designs at no extra cost.
10.5 If there is a change in mind of your customised design before production of your customised neon sign has begun, we may offer a partial or full refund. Once production has begun, we are no longer able to provide a refund for your purchase.
11. Warranty
11.1 Unrivaled Neon Products electrical components are covered by a 12 month warranty when appropriate utilisation has taken place.
11.2 You will notify us immediately about any faults that arise and a resolution will be determined by our team that we deem as appropriate and reasonable
12. Communications
12.1 If required, we will contact you in writing or telephone using the contact details outlined in your order unless specified by you elsewhere. In these Terms and Conditions, communication “in writing” includes communication by email.
12.2 Please email any questions, comments or requests regardings these Terms and Conditions or our Products to support@unrivaledneon.com.au
12.3 Please directly address Unrivaled Neon in writing by email through support@unrivaledneon.com.au about any complaints. We will endeavour to handle any of your complaints in a timely and reasonable manner.
12.4 If you are not satisfied with how we have handled your complaint, please inform us and we will endeavour to handle your complaint in an alternative manner that may be more satisfying for you. Alternatively, you may wish to refer the complaint for an alternative dispute resolution (where an independent body seeks to resolve the issue through considering the facts of the dispute, without having to go to court). If you would like to proceed with the process of undertaking an alternative dispute resolution, please contact us and we will endeavour to resolve any outstanding issues and provide you next steps for action.
13. Your Unrivaled Neon Account
13.1 You must provide us with true and accurate information within the registration process.
13.2 You must keep your username and password confidential as we are entitled to assume anyone using your user name and password is you.
14. Promotions
14.1 You must enter the relevant and feasible code during the online check out process if you wish to apply a voucher code to your order. Each voucher code may have additional applicable Terms and Conditions and only one voucher can be applied per order. Automated promotions cannot be used in conjunction with any other promotional offers or codes. We reserve the right to decline any voucher code that is invalid or that has expired.
14.2 Selected Products may be excluded from promotions at any given time.
14.3 These promotional codes may also be specific to certain areas/locations, are non-transferrable, remain our property and cannot be utilised for the purchase of gift vouchers, gift cards or any cash alternative.
14.4 If a promotion code cannot run properly due to certain activities occurring such as fraud, tampering, errors or any other occurrences that may be out of our control that affects the operation or fairness of the promotion code, the promotion code may be cancelled, modified or suspended under our discretion.
14.5 Note, threshold delivery promotions work against the total cost of the Products ordered. The total amount for which the threshold is compared against is not affected by delivery costs.
14.6 If we think there has been a misuse of a promotional code in any way such as using a unique promotional code that has been intended for use for someone else, we can cancel your promotion code or suspend your account or close your account without informing you.
15. User Generated Content
15.1 We may communicate to you through social media platforms such as Instagram or Facebook to feature your content on our social media channels.
15.2 If you agree in writing that you would be open to us using your content through responding and/or utilising our hashtag, you agree with the following points:
- We can use your social media handle and the content on www.unrivaledneon.com.au and/or on any of Unrivaled Neon’s social media platforms including but not limited to Facebook, Instagram and Twitter.
- You have permission from everyone in the content follow through
- You understand that other users of social media platforms can share and use the content once posted
- We can crop, adapt, edit, enhance or modify the content in a manner that is non-derogatory.
- You provide Unrivaled Neon the above rights and you are of legal age to proceed
- We will remove the content from the social media accounts in our control if you or anyone in the content asks us to remove the content.
15.3 If you do not grant the permissions as mentioned in 15.2, then please do not provide us consent to use your content.
16. Social Media Competitions
16.1 Through participating in our competitions through our social media profiles or website, you agree to the official rules of the corresponding competition that have been stated clearly by our team
16.2 We reserve the right to cancel our competition at any time if we have the reasonable and legal basis to do so
16.3 Winners will be selected on a fair and reasonable basis through the method mentioned by our team
16.4 If competition winners do not respond within 3 months, they will lose their winning place and all the relevant benefits of winning.
17. Other important terms
17.1 By using our website, you confirm the acceptance of the Terms of Use mentioned on our website and must therefore comply with them. Please find important information for you regarding our Terms of Use here
17.2 We may use your personal data to conduct business activities that are necessary for the performance of our contract with you or necessary for our legitimate interests to protect and improve our business. With your consent, we utilise cookies on our website to help us improve your experience and to make relevant improvements. Find important information for you regarding our privacy policy and cookies here
17.3 The Terms and Conditions outlined shall not affect your rights as a consumer according to your applicable law in which you are a resident.
17.4 We will inform you in writing if we assign or transfer our obligations or rights to another organisation. If this occurs, we will ensure the transfer will not affect your rights related to the contract.
17.5 You may only transfer your obligations or rights under these Terms and Conditions to another person if we agree and state the agreement writing.
17.6 No other person, unless we have specified otherwise, shall have any rights to enforce any of the terms related to the contract as the contract is between you and us.
17.7 Each paragraph of these Terms and Conditions operate separately. In the case where any court or relevant authoritative body decides that any of them are not enforceable or not lawful, the other paragraphs of the Terms and Conditions outlined will still remain enforced and in effect.
17.8 If we fail to insist that you perform your relevant obligations under these Terms and Conditions outlined, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean you do not have to comply with those obligations and does not mean we have waived our rights against you. We will provide a statement in writing if we make the decision to waive a default by you. Please note, that does not infer and does not mean we will waive any of your defaults later.
17.9 These Terms and Conditions are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters relating to these or arising out of these Terms, their subject matter and their performance.
17.10 In the case where you are a resident and consumer in a country other than Australia, then an exception will occur where the Australian law will only apply to the extent that it does not override any mandatory laws of the country in which you usually reside (your usual place of residence).
17.11 We have the right to amend, vary or remove our services and/or any part of our Website (including our Terms and Conditions) at any time. The Terms and Conditions that apply to your contract are those displayed on our site at the time you placed your relevant order. Note; that these terms may change from time to time. The Terms and Conditions supersede any prior agreements between you and our team.
Please contact our Customer Care team at support@unrivaledneon.com.au for any additional questions.
This page was last updated 30/05/2023
Unrivaled Neon
Business Address: A11/2A Westall Rd, Clayton VIC 3168 Australia
Australian Business Number: 62 657 319 116