THE SALE OF PRODUCTS AND SERVICES (“PRODUCTS”) BY SIA NEON UNDERGROUND, REG. NR. 40203305522, LACPLESA STREET 112 – 2, RIGA, LATVIA ( “NEON UNDERGROUND”), ARE SUBJECT TO THESE TERMS AND CONDITIONS (“AGREEMENT”) REGARDLESS OF OTHER OR ADDITIONAL TERMS OR CONDITIONS THAT CONFLICT OR CONTRADICT THIS AGREEMENT IN ANY PURCHASE ORDER (“ORDER”).

1. ORDERS. All Orders are subject to acceptance by NEON UNDERGROUND. NEON UNDERGROUND reserves the right to allocate the sale of Products among its customers. Orders for special, custom, personalized Products specifically identified by NEON UNDERGROUND as nonstandard are non-cancelable and non-returnable. The Customer may not cancel or reschedule Orders for standard Products without NEON UNDERGROUND consent. The performance of any value-added service may void the manufacturer’s warranty and render products non-returnable. NEON UNDERGROUND reserves the right to cancel the customer’s order if the customer has not paid the invoice, the customer cannot be contacted on the specified contact phone number (or via social networks), and/or the customer has provided false or questionable information about himself.

2. PRICES. NEON UNDERGROUND quoted prices apply for 30 days or as otherwise stated in its quote. NEON UNDERGROUND may increase prices if NEON UNDERGROUND costs increase or other circumstances beyond NEON UNDERGROUND reasonable control. Prices are for Products only and do not include fees, shipping charges and duties imposed by any government authority. Customer is responsible for any additional fees and taxes.

3. PREPAYMENT. Production is carried out only upon prepayment. Before the start of the manufacturing process, an advance payment of 70% of the price of the sign is made. After making the sign, the Customer is sent an invoice for the remaining amount – 30% of the price of the sign. In some cases, signing an agreement or letter of guarantee for payment of the postpaid invoice may be considered.

4. PRODUCTION TIME. The countdown for production time starts from the moment the layout is confirmed. 

5. DELIVERY AND TITLE. Delivery within the territory of the Republic of Latvia is free for Customer. For abroad, Customer is responsible for all shipping costs and any applicable surcharges. Title and risk of loss pass to Customer upon delivery of the Products to the carrier. NEON UNDERGROUND delivery dates are estimates only and NEON UNDERGROUND is not liable for delays in delivery. A delayed delivery of an Order does not entitle Customer to cancel the Order.

6. ACCEPTANCE OF PRODUCTS AND PRODUCT RETURNS. Customer must notify NEON UNDERGROUND in writing of any damage, shortage, or other discrepancy to Products within 14 days after delivery. After the 14th day Customer is deemed to have accepted the Products and may not revoke acceptance. Any claims submitted after this deadline will not be processed. 

The claim for non-compliance of the goods with the terms of the contract is not valid if:

1. repair of the product without consent of NEON UNDERGROUND has been detected;
2. mechanical damage caused by Customer’s fault has been detected;
3. damage caused by natural disasters (flood, storm, lightning strike, fire, earthquake) has been detected;
4. the product has been used inappropriately for its purpose;
5. a standard sign without moisture protection was exposed to the risk of water ingress due to the inaccuracy of Customer.

The customer has also the right to use the Right of Withdrawal/Refusal and refuse the product by breaking the distance purchase contract of the product within 14 days without giving a reason. If Customer refuse the product within the Right of Withdrawal period, NEON UNDERGROUND will refund all the money received from Customer, except for the costs of delivery. 

Goods cannot be returned within 14 days under the Right of Withdrawal/Refusal if:

1. mechanical damage caused by Customer’s fault has been detected;
2. the product is identified as nonstandard (i.e., custom, personalized).

7. LIMITED WARRANTY. Warranty for all neon LED signs made by NEON UNDERGROUND is 2 years, starting from delivery of goods. If during these 2 years the client finds and reports a breakdown of the goods, NEON UNDERGROUND has the option to (1) repair the Products (repair of Products under warranty can be made within 20 working days), (2) replace the Products at no cost to Customer; or (3) refund Customer’s purchase price. In case of a breakdown, Customer is responsible for the delivery of the sign back to NEON UNDERGROUND for further investigation and repairment; shipping costs are borne by Customer. The warranty is void if:

1. repair of the product without consent of NEON UNDERGROUND has been detected;
2. mechanical damage caused by Customer’s fault has been detected;
3. damage caused by natural disasters (flood, storm, lightning strike, fire, earthquake) has been detected;
4. the product has been used inappropriately for its purpose;
5. standard sign without moisture protection was exposed to the risk of water ingress due to the inaccuracy of Customer.

If the power supply unit or dimmer was located in a hot room with no ventilation or near any kind of heat source due to the Customer’s fault which caused it to stop working, this is not considered a warranty case, as it refers to Clause 6(4).

8. LIMITATION OF LIABILITY.

1. NEON UNDERGROUND is not liable for and Customer is not entitled to any indirect, special, incidental or consequential damages; for example, loss of profits or revenue, rework, injury to reputation, or loss of customers. 
2. NEON UNDERGROUND is not responsible for the message carried by the sign made according to the Customer’s sketch. Customer is responsible for the intellectual property of the content that he/she submits as a reference for the production of neon signs.
3. The client is responsible for confirming the final layout. The confirmed layout is the final and only correct version of the manufactured sign.
4. Unspecified items in the product specification are the responsibility of the Сustomer and not the manufacturer. For example, if the Сustomer was not informed that the organic glass thickness would be 4 mm, and the Customer did not inquire, then this is the responsibility of the Customer.

9. PRODUCT INFORMATION. Product information, including information related to a Product’s specifications, can be found on the NEON UNDERGROUND website. NEON UNDERGROUND recommends Customer validate any Product Information before using or acting on such information. All Product information is subject to change without notice. NEON UNDERGROUND is not responsible for typographical or other errors or omissions in Product Information.

Before ordering the goods, Customer must familiarize himself with the technical characteristics of the goods, including:

1. The sign has a power supply and wires by default. Color of the power supply and its wire is black. The wires on the sign itself are transparent with a silver sheen;
2. The sign has Europlug by default;
3. Each sign has a width, length and height. Width of organic glass is fixed for every sign – 0.5cm;
4. The dimmer is installed only as an additional service and for an additional fee;
5. Distancers are added to the Order pack only for an additional fee;
6. Moisture protection is added only upon Customer request, as an additional service and for an additional fee. Without moisture protection, the sign should not be used in a humid environment, near or in water;
7. Express production (during 5-6 working days) can be ordered upon Customer request, as an additional service and for an additional fee;
8. The sign is made on the organic glass with glossy surface by default, which implies the fragility of the product. Namely, the sign must not be thrown, dropped or hit, nor heavy objects placed on it;
9. Large signs, namely their plexiglass base, can become minimally curved due to installation features;
10. The sign can be made on other materials instead of organic glass (e.g., wood, metal grid) only upon Customer request;
11. The sign cannot be made on the materials provided by Customer;
12.  The color of the sign on the digital layout and visualizations may differ slightly from the real one due to the use of different settings on the monitor and distortion of photographs;
13. The actual work may differ from the layout by several mm due to the fact that LED neon can slightly smooth out the sharp corners of the lines due to its increased flexibility.

10. PERSONAL DATA PROCESSING AND PROTECTION POLICY. The processing of personal data is carried out in order to realize the legitimate interests of NEON UNDERGROUND (carrying out commercial activities). Protection of personal data is implemented in accordance with the current regulatory enactments (regulations, laws) in the field of personal data processing. Personal data is not stored longer than it is necessary to fulfill the requirements of regulatory acts, respecting the legitimate interests of NEON UNDERGROUND. When circumstances arise when personal data processing/storage is not necessary – personal data is deleted.

11. INSTALLATION. Installation is an additional service provided by NEON UNDERGROUND, and for an additional negotiable fee. The fee may depend on the location, amount of work and the specifics of the installation. NEON UNDERGROUND is responsible for the installation services provided by NEON UNDERGROUND. NEON UNDERGROUND is not responsible for the installations that are led or organized by Customer. If during installation by third parties or Customer damage or breakage of the sign occurs, the warranty for the sign ceases to be valid and NEON UNDERGROUND is not obliged to repair the goods at his own expense.

12. RENT. Rentals are available for the residents of the Republic of Latvia only. When Customer rents a sign, he will have to ensure the sign is returned safely in its functional and proper shape and form. In case of damages to the rented light, Customer will have to pay for the damages done to the light. Damages are evaluated by the NEON UNDERGROUND representative. All items should be returned in the same or similar packaging.