Terms & Conditions

 

General

OVERVIEW OF TERMS

This website is owned and operated by Neon Pear, trading as Neon Pear Creative. Throughout the site, the terms “we”, “us” and “our” refer to Neon Pear Creative or Neon Pear. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. Should you not agree to all of these terms and conditions, then your invitation to access our site and its associated products/services is rescinded. 

By visiting our website and/ or placing an order with us, you agree to be bound by the following terms and conditions (as outlined below) including any additional terms, conditions and policies that may be applicable, throughout the lifespan of this website.

We reserve the right to make changes to this agreement at anytime where we see fit, either immediately or indue course.  
Our policies are updated regularly, so it is the users (“you”) responsibility to remain informed of our policy changes. 
This agreement is formed between anyone who visits this Website (“you” and “your“) and Neon Pear (ABN 85 400 267 565) (“we“, “us” and “our“)

Legal Capacity
By making an online enquiry or purchase you accept these terms and conditions and acknowledge that you:
are over 18 years of age, and/or are entering into a legal contract with us.
Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
 

SECTION 1 – AVAILABILITY

For the purchase of artworks online via neonpear.com, we may not have a product available to fill you order. In the event that we are unable to provide you with your requested item within an appropriate timeframe, we will happily provide you with a full refund. Certain products or services may be available exclusively online through the website. 

We reserve the right to limit the number of items, or remove any products or services that we offer, at any time. 
 

Section 2 - Orders

The display of products on the Website does not constitute an offer to sell.  It is an invitation to treat only. Orders placed by you are offers to purchase particular products under the terms and conditions in this agreement at the price specified (including delivery and other charges).

We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order.

You may cancel your order only if we have not started production (i.e. printing, installation, delivery etc.) however depending on the amount of work completed in the concept / design stage you may not be entitled to receive a refund of your deposit. This will be assessed on a case by case basis determined by Neon Pear Creative.

We may cancel or suspend at anytime an order due to removal of image licence, inability to authorise a credit card, suspicion of fraudulent intent or copyright breach, discovery of an incorrect item price, or any other reason, as we see fit. Please note that we may refuse or cancel any order regardless of whether you have paid a deposit. If you do pay a deposit and your order is cancelled, we will issue a refund of this deposit within 28 days.
 

SECTION 3 - PAYMENT

All final prices are in Australian dollars. Prices may be subject to change.

For artwork and design projects, payment is preferred via direct debit. 25% Deposit is due to commence jobs and Full Balance is required prior to the release of the final job/files. Full details included in quotes/invoices. 

We retain ownership of goods ordered through the Website until payment is received in full. Risk in goods, such as loss or damage, passes to you upon delivery.

For the purchase of artworks online via neonpear.com we have a preference for payments made securely by Stripe / Squarespace. You can make a payment securely using a credit card.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products or services.
 

SECTION 4 - SECURITY & PRIVACY

Any personal information you provide to Neon Pear Creative, such as your name & address, is treated with the utmost respect, following strict Australian privacy guidelines. Your details will not be passed on to third party providers under any circumstances.  For the purchase of artworks online via neonpear.com we rely on Squarespace and Stripe to finalise payments. Please see Stripe's terms and conditions for terms & privacy policy, prior to finalising your payments.  https://stripe.com/au/legal
 

SECTION 5 - RETURN POLICY

We do not offer refund or exchange due to 'change of mind'.

We carefully check and package our products, however if you have received a damaged or defective product please contact us within 7 days of receipt to arrange an exchange. Confirmation of purchase implies acceptance of these Terms and Conditions.

We do not warrant any of our products, services, information, or other materials purchased or obtained by you, and are not responsible for ensuring these products or services meet your expectations, exceeding the description and photographs placed on our website. 
 

SECTION 6 - WEBSITE IMAGES

While we always endeavour to display real photographs on our website, we also try to provide our customers with as many visual options as we can, with regard to framing, installation, environment etc. Therefore, some photographs on our website may be a visually edited representation of our services. 

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot, however, guarantee that your computer monitor’s display of any colour will be accurate. Therefore your received product may vary from that on our website. 

All descriptions and photographs of our services and products are subject to change at any time without notice, at the discretion of Neon Pear Creative.
 

SECTION 7 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
 

SECTION 8 – PRINTING, FRAMING AND INSTALLATION

We use Australian printers and framers. 

It is important that you appreciate that a low quality image (ie. a low file size or resolution) may appear grainy, blocky or otherwise of low quality when enlarged.  Further, the colours in the image displayed on your screen may vary from the colours of the image in the final printed product depending on the colour, contrast and other settings on your computer and monitor.

If supplying your own imagery for print, we will not be liable if your image is of insufficient resolution for the product and/or service ordered.

Although we will always do our very best to ensure every client is satisfied with our services, we do not take full responsibility for any errors or damage caused to the printed work/s or installation space by installers or third-party suppliers.

Any printing, framing and/or installation works may not be 100% free of minor imperfections. For example, discrepancies in wallpaper / wall decal installation quality may occur for many reasons, such as environmental factors, air-conditioning/heating, the type of paint used on wall, pre-existing wall condition and the fact that most walls are not 100% straight/smooth/square.
 

SECTION 9 – CONTACT INFORMATION

Any questions you may have with regard to the above Terms of Service should be sent to us at creative@neonpear.com 

 

Disclosure

COPYRIGHT

All Neon Pear Creative artwork is copyrighted directly to Neon Pear. 

Any imagery, artworks or designs we produce remains the full intellectual property of Neon Pear, unless otherwise stated or agreed upon. 
 

IMAGERY

Some artworks and designs, such as collage, have been produced using street art imagery or photography. If this imagery has not been created directly by the Neon Pear Creative team, we always ensure we have the artist's full knowledge and permission, or that the imagery has been sourced from a 100% free usage website or that we are only using a small portion or ‘less than substantial’* portion of the original imagery and have made significant colour/design adjustments. This ensures our designs are considered appropriation in accordance with the Copyright Act 1968. We acknowledge the original artists and celebrate their work.

*’less than substantial’ indicates the section of work appropriated is not a main feature in the original work and does not play a significant part in creating the overall appearance of the work.

 

 

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