Terms of service
416 NEON TERMS AND CONDITIONS
Please read these Terms and Conditions (hereafter "Terms" or "Terms and Conditions") carefully before using or purchasing from the 416neon.com or 416neon.ca 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 416 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 416 Neon via the 416neon.com or 416neon.ca website, over the phone, email, in person or through any other means whether electronic, digital or otherwise.
Orders to some countries may be subject to import fees/duties and taxes when delivery takes place. This depends on which country the sign is shipped to and the declared value of your LED neon sign. We pay the duty for all signs ordered from our website and delivered to Canada.
Please note that this is standard procedure for any item bought online and is entirely out of our hands - many orders won't be subject to import fees, but for those that are, please be aware that these fees are the responsibility of the customer and are not covered by 416 Neon.
Once an order has been confirmed, the customer takes full liability for all postal charges, return shipment costs and resend shipment costs if they refuse to accept a parcel or pay import duties or taxes. Shipping costs included in all total sign costs are non-refundable. Standard free worldwide shipping excludes the day an order is placed and any time spent on customs clearance.
All custom quotes/invoices and online sign purchases exclude taxes/VAT.
To be eligible to use this Website you must be at least 18 years old. If you use 416neon.com or 416neon.ca 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 post the revised version on this webpage. 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.
Wholesale Terms and Conditions
These are the terms and conditions (the “Terms”) on which we, 416 Neon (“We”, “Us” and “Our”) produce and sell any of Our products (the “Products”) to you, in your capacity as a retailer or wholesaler, whether you operate your business via a physical retail shop or e-commerce website.
We may ask you to prove the existence of your business in order for Us to establish that you are a retailer or wholesaler. This may include, amongst other things, your providing to Us the address or location of your business.
If We are unable to supply you with any Product(s) ordered or if We are unable to comply with the time scale or volume set out in your Order, We will inform you of this by email as soon as is reasonably practicable upon becoming aware of any such issues, and We will not process the Order unless and until you confirm to Us by email that you wish Us to proceed and the details of any changes required to be made to your Order. If We are able to, We will offer you the nearest alternative or if you would prefer, We will refund you the full amount that you have paid in respect of the relevant Products as soon as is reasonably practicable, where you have already paid for the Products.
Once your Order is received by Us, it will be added to Our workflow system list. We will confirm and accept your Order in writing by replying to your email and sending you an electronic copy invoice (the “Invoice”). The Invoice will confirm the details of your Order, an order number and the amount payable by you in respect of your Order, together with any delivery or other charges applicable to your Order.
Please read 416 Neon's Terms carefully and make sure that you understand them and check that the details on your order for the Products and in these Terms are complete and accurate, before you confirm you place an order for Products. You are responsible for all information provided to Us in relation to the products ordered and We shall not be responsible for any errors or missing information in the details that We receive from you.
We reserve the right to modify, update, or discontinue 416neon.com and 416neon.ca at our sole discretion, at any time, for any or no reason, and without notice or liability.
All 416 Neon Products are made to order. This includes the Products in the Neon Shop section. We aim to deliver Your Product within 3-4 weeks for standard 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.
Product and Purchases
416 Neon reserves the right to change our prices at any time.
416 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.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
416 Neon offers a free design service where customers may change or edit a neon sign design up to two (2) times with our product designer. Each and any revisions made thereafter are subject to a non-refundable $20 design fee that will be added to the quoted order price.
416 Neon reserves the right to refuse certain design requests at our sole discretion. You will be informed of any such refusal within a reasonable timeframe, and a reason for the refusal will be provided.
Due to the hand rendered nature of LED neon signs, they can be subject to slight design variations and discolorations. Variations in colour and design can occur as a result of varying font thicknesses (our neon thickness is consistent in 6mm, 8mm or 10mm widths), variations in computer screen and image resolution and color. Therefore, we can't guarantee that each neon will be 100% the same as presented in our customizer. By purchasing from the online customizer, you acknowledge and accept that the actual design and colour may vary from the computer image.
416 Neon reserves the right to change our prices at any time and without notice.
Custom Quotes and Discounts
Unless otherwise stated, all custom quotes and discounts offered to customers are valid for 14 days and may be subject to change thereafter.
Payment and Invoicing
Shop signs and Products - Payment for all signs and Products ordered through the 416 Neon online shop is taken at the point of sale via PayPal or by using a major credit card.
Bespoke Custom signs designed by 416 Neon - Payment is required in full before production can begin. Once you have approved a design you will receive an Invoice via email which can be paid via Paypal or by using a major credit card. When payment has been made, your order will be placed in queue for production.
Bespoke Custom signs are constructed entirely by hand, and therefore each sign is a 1 of 1 unique design made for the precise purpose and will of the buyer. Therefore, a custom neon sign may not be 100% matching the design of the mock-up that we sent or 100% matching other signs produced from the same mock-up design. On "Design Your Own Neon" orders, customers will receive a design proof of their LED neon sign with dimensions prior to shipping, where they will have 24 hours to review and make minor adjustments or tweaks where possible and within reason. However, no return or exchange is possible after the proof is confirmed or after 24 hours, whichever comes first. We encourage our customers to take as much time as they need before ordering their custom LED neon sign.
Please check the details set out in the Invoice as We shall not be responsible for any errors or missing information once the Order is confirmed by you. Please quote the Order number in all subsequent correspondence with Us relating to the Order.
Standard and Rush delivery is completed on the arrival of the Product at the Delivery Location and/or any attempted delivery.
Any dates quoted for Standard and Rush delivery are approximate only, and the time of delivery is not of the essence. 416 Neon shall not be liable for any delay in delivery of the Product that is caused by a Force Majeure Event or the Customer's failure to provide 416 Neon with adequate delivery instructions or any other instructions that are relevant to the delivery or receipt of the Product.
On delivery, the Customer shall carry out a thorough inspection of the Product and shall not begin installation or engage any installers or incur any further costs or expenses in relation to the Product until it has carried out such inspection. Any issues or damage observed by the Customer shall be documented and photographed, including photos of the original packaging. This documentation shall be received by 416 Neon within 24 hours of being observed and documented.
The content, trademarks, artwork and Products for sale on www.416neon.com or www.416neon.ca are the exclusive property of 416 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 416 Neon in connection with the Service shall remain solely with 416 Neon, unless expressly agreed otherwise, in writing, by 416 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 416 Neon for all liability resulting from any breach of warranties including the aforementioned intellectual property warranty.
Use of www.416neon.com and www.416neon.ca
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 416neon.com or 416neon.ca to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of 416neon.com and 416neon.ca; use 416neon.com and 416neon.ca to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not; use 416neon.com and 416neon.ca for promotional or commercial purposes, except as expressly allowed in writing by 416neon.com and 416neon.ca; use 416neon.com and 416neon.ca in a manner that may create a conflict of interest; use 416neon.com and 416neon.ca to promote bigotry or discrimination against protected classes; use 416neon.com and 416neon.ca 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 416neon.com and 416neon.ca to create or promote pornography or illegal content; use 416neon.com and 416neon.ca 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 416 Neon’s Products or 416neon.com and 416neon.ca Content, except as expressly authorised by 416 Neon; reverse engineer any portion of 416neon.com and 416neon.ca, except as may be permitted under the law; remove or modify any copyright, trademark or other proprietary rights notice on 416neon.com and 416neon.ca or on any materials printed or copied off of 416neon.com and 416neon.ca; use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index 416neon.com and 416neon.ca or any 416neon.com and 416neon.ca Content without permission from 416neon.com and 416neon.ca; reformat or frame any portion of 416neon.com and 416neon.ca; take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on 416neon.com and 416neon.ca’s technology infrastructure; attempt to gain unauthorized access to 416neon.com and 416neon.ca user accounts, computer systems or networks connected to 416neon.com and 416neon.ca through hacking, password mining or any other means; use 416neon.com and 416neon.ca or any 416neon.com and 416neon.ca 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 416neon.com and 416neon.ca, or otherwise attempt to interfere with the proper working of 416neon.com and 416neon.ca; make excessive traffic demands; use 416neon.com and 416neon.ca 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, 416neon.com and 416neon.ca Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of 416neon.com and 416neon.ca features that prevent or restrict the use or copying of 416neon.com and 416neon.ca Content, or features that enforce limitations on the use of 416neon.com and 416neon.ca.
416neon.com and 416neon.ca 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 416neon.com and 416neon.ca.
The Terms and Conditions contain the entire agreement between you and us regarding the use of 416neon.com and 416neon.ca 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.