TERMS AND CONDITIONS
Welcome to Viva Neon!
These are the terms and conditions for:
(Hereby “Viva Neon” or “Viva Neon website”).
Your use of the Viva Neon website and purchase of the products (hereby “products”) on such website, means that you agree to these terms and conditions as set out below (hereby “Terms”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.
You may use the website and purchase the products only if you can form a binding contract with Viva Neon, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of this website for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our services. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their child.
By using the website and purchase the products, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
Viva Neon offers through this website, customized and unique LED and Neon signs.
We are the manufacturers of our own products.
Because our products are customized and created according to each customer’s specifications, the products are designed and manufactured once the order is placed.
Use of the products is at your own risk. Viva Neon is not responsible for any damage or accidents occurring as a result of the use of the products. Please use the products properly.
We reserve the right to create new categories and include new products.
For more information about our products and services, please contact us, through our contact page or contact information, our support team will be attentive and available to answer your questions and concerns.
SHOPPING ON THE WEBSITE
When you order a product, you offer to buy the product for the price advertised and indicated on the website at the time of purchase.
You must select the variants of each product before placing the order, so that we can design and customize your product according to your specifications. Please check correctly the size and all the variants of the products before placing the order.
When a user of the website with the intention of purchasing a product on the website, places an order, Viva Neon will send that user an email to confirm that the order for the product purchased or about to be purchased has been received. This email confirmation will be produced automatically so that the user has confirmation of the order details of their product.
If the product is not available, the user will be informed of the website by email or phone.
Viva Neon may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue availability of products at any time in her sole discretion. If an order is cancelled, any payment made for the products will be refunded in full. This does not affect your statutory rights.
All new orders are considered separately, and each is treated individually.
All prices of our products include VAT.
Viva Neon reserves the right to determine the price for the products and services. Viva Neon will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information. Will always try to make sure that the prices on the website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the User will be informed of such error.
The products will be paid through “Square Up” (payment platform available in Viva Neon).
The customer must pay the price of the products as stipulated on the order before, the products are shipped and delivered to the customer. Payment will be debited from your credit/debit card (Visa, MasterCard, Discover) immediately on you placing the order for the products you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. Viva Neon reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products.
Viva Neon attempts to be as accurate as possible. However, Viva Neon does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free.
COPYRIGHT OF THE WORKS
All rights, titles and interests in all original creations prepared by Viva Neon for the customer in connection with this agreement and services will be transferred and assigned once the customer makes full payment for the products and the final works are delivered. The customer will own all rights to the final works delivered by Viva Neon.
All content included on this website, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Viva Neon, its merchants, or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Viva Neon and protected by international copyright laws. All software used on this site is the property of Viva Neon or its software suppliers and protected by international copyright laws.
You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site’s content strictly for personal use only. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of this Terms and Conditions violates intellectual property rights. By accessing our website, you do not own any rights or titles to our content or other intellectual properties.
Viva Neon respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Viva Neon website infringe upon your copyright or other intellectual property right, please send the following information to:
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
A statement specifically identifying the location of the infringing material, with enough detail that Viva Neon may find it on the Viva Neon website. Please note: it is not sufficient to merely provide a top-level URL.
Your name, address, telephone number and e-mail address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Certain features of the website may allow users to upload content, which may consist of messages, images, text and others for the purpose of creating custom products. You retain any copyright you may have in the content you provide to us through the website. Viva Neon is not responsible for the accuracy, safety or legality of the content provided through the website. Users are solely and exclusively responsible for their content and the consequences of providing such content.
LICENSE GRANT TO VIVA NEON
By providing user content to or via the service, you grant Viva Neon a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the sole and exclusive purpose of creating the products.
RISK OF LOSS
All items purchased from Viva Neon are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
VIVA NEON RESPONSIBILITIES
Viva Neon shall insure ordered products at their retail value whilst being delivered to you. Please check the delivered products as soon as possible on receipt as we will not cover any subsequent loss or destruction.
Because of the nature of the Internet Viva Neon provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of The Website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse, Viva Neon for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Viva Neon liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Viva Neon will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
Please read the instructions, manuals and other user documentation that comes with your Products carefully. Viva Neon is not involved in the manufacture of products and will not advise on their use or operation or the manufacturer’s guidelines. You are urged to use all products safely and in accordance with the manufacturer’s guidelines.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Viva Neon excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Viva Neon and Viva Neon shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any incorrect or inaccurate information on Viva Neon website.
Any interruptions to or delays in updating Viva Neon website.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product purchased through the website.
Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website, or from transmissions via emails or attachments received from Viva Neon.
All representations, warranties, conditions and other terms which but for this notice would have effect.
THIRD PARTY WEBSITES
Through your use of the Viva Neon website and services you may encounter links to third party sites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Viva Neon provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Viva Neon is in no way responsible or liable for any such third-party sites.
You agree to defend and indemnify Viva Neon and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this Agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use on the Viva Neon website.
No responsibility will be accepted by Viva Neon for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
CHANGES AND TERMINATION
We may change the website and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
These Terms are governed by the law of The United States of America. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
If you have questions or concerns about these terms, the products or the service, please contact us throw our contact page or contact at: