Enquire Online / Call Us On 01204 655 866 / Email Us email@example.com
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms [or require any changes], please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only are in black and those specific to businesses only are in blue.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Neon Creations Ltd., a company registered in England. Our company registration number is 05470206 and our registered office is at 140 Quarry Pond Road, Worsley, Manchester, M28 0YG and our trading address is at Unit H6, Swan Business Centre, 4 Higher Swan Lane, Bolton, BL3 3AQ. Our VAT number is 862 0918 21
2.2 How to contact us. You can contact us by telephoning our customer service team on 01204 655866 or by emailing us at firstname.lastname@example.org
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.5 Our website is solely for the promotion of our products to the United Kingdom, (UK). Please also note that you must comply with all applicable laws and regulations of the UK for which our products are destined. We will not be liable for any breach by you of any such laws.
4. What you must do before you are able to order our Products
4.1 You must be legally capable of entering into a binding contract with us.
4.2 You are only able to order Products through our website if you are at least 18 years of age.
5. Our contract with you
5.1 The order process
At the start of the process, you will be shown these terms and conditions of sale which you must agree to before proceeding to place your order. If you wish to hire our products or enquire about custom-made products then please contact us at email@example.com or telephone us on 01204 655866.
(a) When you see a product that you like, simply type in the quantity you wish to buy and click the “Add to Basket” button. You can view your basket at any time by clicking the “Basket” link at the side of the page.
(b) View Basket Page
(c) You can remove items from your basket by entering a quantity of '0' next to the product and clicking the 'Update' button or by clicking on the waste bin icon.
(d) You can change the quantity of each product. Remember to click the 'Update Basket' button.
(e) When you have finished shopping click the 'Checkout' button.
(f) To checkout please enter your name and email address, and your invoice and delivery details when prompted.
(g) Review your order and add notes if you would like to.
(h) Click the 'Place Order' button to complete the transaction.
(i) You will now be sent to our payment provider to take your payment.
(j) Enter your credit or debit card details.. For details how to pay please see clause 10.7 (b). We do not store your credit card details on our server.
5.2 How we will accept your order.
(a) Acceptance of your order will take place when we email you an Order confirmation at which point a contract will come into existence between you and us.
(b) Where you require a custom-made product then please contact us here.
5.3 If we cannot accept your order.
If we are unable to accept your order to purchase a product, (or a custom-made product), we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
5.4 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
5.5 We only sell to the UK.
Our website is solely for the promotion and sale of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
6. Our products
6.1 We supply a range of products which can be viewed and ordered through our website, (“products”).
6.2 If you have a requirement for a custom-made product, then please contact us here. If we do agree to make a custom-made product for you then please note that you will not be entitled to any refund if you change your mind.
6.3 Products and packaging may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Products may vary slightly from those images. All sizes, weights, capacities, dimensions and measurements indicated on our website are estimates only.
7. Your rights to make changes
7.1 If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7.2 If you wish to query whether a change to your order is possible, then you must contact us promptly by telephoning 01204 655866 no later than 24 hours after we have emailed you our Order confirmation, to see whether a change is possible.
7.3 During the time period of 24 hours, components for your order may not have been ordered and it may therefore be possible to change your order. However, we do not guarantee that any change can be made if you do contact us within the time period of 24 hours.
8. Our rights to make changes
8.1 Minor changes to the products.
We may change our products:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
8.2 More significant changes to the products and these terms.
In addition, as we informed you in the description of the product on our website, we may make other changes these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
9. Delivery of the products
9.1 Where and when we deliver to.
We only deliver to an address within the United Kingdom mainland:
(a) An estimated delivery date will be indicated to you during the online order procedure;
(b) Delivery dates indicated are as accurate as possible however, such dates are not guaranteed;
(c) Any loss or damage in transit or any shortage must be notified to us within  days of physical delivery of the products being taken by you (or someone else nominated by you), for that purpose;
(d) Our liability in respect of products lost or damaged in transit is limited to the repair or at our discretion replacement of the products provided that you return the products to us within  days of the loss or damage being notified; and
(e) Should products fail to arrive, you must notify us within  days of the estimated delivery date provided by us on the Order confirmation.
9.2 Time for performance and delivery if you are a business customer.
Time for performance and for delivery is not of the essence.
9.3 Delivery costs.
Prices of our products displayed on Our Site do not include delivery charges. The costs of delivery will be displayed to you during the online order procedure.
9.4 When we will provide the products.
Products will be delivered to you as reasonably possible and in any event within 30 days after the day on which we accept your order unless by prior written agreement.
9.5 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
9.6 Collection by you.
If you have asked to collect the products from our premises, you can usually collect them from us at any time during our working hours of 9.00 am to 5.00 pm during weekdays (excluding public holidays). We will agree a suitable date and time prior to collection. Where products are collected by you or by someone else on your behalf then this will constitute delivery to you.
9.7 You must confirm that someone will be at your requested address to take delivery of your order.
Delivery of your order will only take place if you confirm to us that someone will be at the nominated address to take delivery at the agreed date and time of delivery.
9.8 When you become responsible for the products.
A product which is purchased from us will be your responsibility from the time we deliver the product to the address you gave us or a carrier organised by you, collect it from us.
9.9 When you own products.
You own a product once we have received payment for the products in full.
9.10 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 8).
10. Price and payment
10.1 Where to find the price for the product.
The price of the product will be the price indicated on the order pages that are shown to you on during the online order procedure. Unless expressly stated to the contrary any price quoted does not include carriage costs, packaging, insurance costs or value added tax (VAT).
10.2 We take all reasonable care to ensure that the price of the product advised to you is correct.
However please see clause 10.6 for what happens if we discover an error in the price of the product you order.
10.3 Price quoted for custom-made products.
Any price quoted for custom-made products is firm only for 30 days from the date of quotation or the date of withdrawal of the quotation by us if earlier.
10.4 Change in the price of our products.
Our products have many different components and the cost of those components may change at any time due to market conditions, however such changes will not affect your order once your order has been confirmed. The Company may revise its price lists from time to time without notice.
10.5 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.6 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
10.7 When you must pay and how you must pay.
(a) Payment must be made at the time of ordering in Pounds Sterling unless other payment terms are agreed with us in writing.
(b) We accept payment with the following credit cards or debit cards: Visa, Visa Debit, Mastercard, Maestro, Visa Electron and American Express. Payment will be processed by Klarna, ShopPay, Google Pay or PayPal. We do not store your credit card details on our server.
10.8 Other payment options for custom-made products.
We offer you the opportunity to pay over a period of 12 months with interest-free credit.
10.9 Our right of set-off if you are a business customer.
If you are a business customer you must pay all amounts due to us under these terms in full at the time of order without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
10.10 Time of payment is of the essence.
For business account customers, payment in full is required at the end of the online order process. Where credit terms are agreed between us in writing, then invoices must be paid within 30 days of the date of the invoice. Time for payment shall be of the essence.
10.11 Surcharge for non-payment.
In the event of non-payment when due you shall, if required by the Company and without prejudice to any other right or remedy that we may have, pay a surcharge at the rate of 2% of the order value in respect of the outstanding balance.
10.12 We can charge interest if you pay late.
If you are a business customer and you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
10.13 In the event that you are the subject of insolvency proceedings (including for the purposes of these terms Administration, Liquidation, Bankruptcy, or a Company or Personal Voluntary Arrangement then your right to possession of the products shall terminate immediately and you shall have no right to retain possession of any of our products, and we may terminate the contract immediately.
10.14 Except in respect of any undisputed credit or payment due and owed to us to you, you shall pay all amounts due to us in full without any deduction or withholding other than as required by law and you shall not be entitled to set off or counterclaim against us in order to justify withholding payment of any such in whole or in part.
10.15 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11. Your rights to end the contract
11.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 15 if you are a consumer and clause 16 if you are a business customer;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 11.3.
(i) You may be able to get a refund if you have ordered products from us and you are within the 14 day cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products.
(ii) If you have ordered custom-made products then a refund will not be possible.
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 11.6.
11.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 8.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
11.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for products bought online you have a legal right to change your mind within 14 days (Cooling-off period) and receive a refund. However, if you have ordered custom-made products, then no refund will be possible. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
11.4 When consumers do not have a right to change their minds.
Your right as a consumer to change your mind does not apply in respect of:
(a) Custom-made products; and
(b) Anything made to special order.
11.5 How long do consumers have to change their minds?
If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought products which are not custom-made? if so you have 14 days after the day you (or someone you nominate) receives the products, unless:
(i) Your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(ii) Your products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the products.
12. How to end the contract with us (including if you are a consumer who has changed their mind)
12.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing the following:
12.2 If you wish to exercise your right to cancel under this Clause 12, you must inform us of your decision within the cooling-off period. You may do so in any way you wish, however for your convenience we offer a cancellation form on our site and will include a link to it with the order confirmation. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling-off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact us directly to cancel, please use the following details:
(a) By telephone or email: Call customer services on 01204 655866, or email us at firstname.lastname@example.org Please provide your name, home address, details of the Order and, where available, your phone number and email address.
(b) Online: Complete the form on our website.
(c) By post: Simply write to us at Neon Creations Ltd., Unit H6, Swan Business Centre, 4 Higher Swan Lane, Bolton, BL3 3AQ including details of what you bought, when you ordered or received it and your name and address;
In each case, providing us with your name, address, email address, telephone number, and Order Number.
12.3 Important: Returning products after ending the contract.
If you end the contract for any reason after products have been despatched to you or you have received them, you must return them to us.
(a) Products must be returned in original packing. Products must be returned in a good and saleable condition. Due to the fragile nature of our products, they must be returned in the original packaging, or packaging which is of suitable quality and which must be approved by us prior to the products being despatched to us by you.
(b) Products returned to us shall remain at your risk. Risk in the product shall remain with you until we have acknowledged receipt of the returned products. We strongly advise that products should be insured for the full purchase price at your expense.
(c) Delivered to us or collected by us. You must either arrange for the products to be delivered to us or allow us to collect them from you.
(d) Please call customer services on 01204 655866 or email us at email@example.com to arrange collection. If you are a consumer exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.
12.4 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description or because you have a legal right to do so as a result of something we have done wrong;
In all other circumstances (including where you are a consumer exercising your right to change your mind during the cooling-off period) you must pay the costs of return or the cost of collecting if you ask us to collect the products from you.
12.5 What we charge for collection. If you are responsible for the costs of return and we are collecting the products from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, details of which can be found here.
12.6 Cost of delivery and collection if you are a business customer.
If you are a business customer you do not have the right to change your mind. If you do change your mind you must pay the costs of return or, if you ask us to collect the products, for the costs of collecting them from you together with our reasonable costs as compensation.
12.7 Business customers cannot cancel the contract between us.
We reserve the right to refuse cancellation of orders placed by you and will refuse to accept any products returned to us without prior permission.
12.8 Where a business customer is allowed to return products.
Any products returned to us with our permission or the cancellation of any order which is accepted at our sole discretion, you shall be responsible for the original cost of transport to your premises, the cost of the removal of the products and return transport, and the value of any materials used or work done by us prior to the date of cancellation.
12.9 Cancellation of a business customer order.
Cancellation of a business customer’s order will only be effective when confirmed in writing by us.
12.10 How we will refund you.
If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs. If appropriate, by the method you used for payment. However, we may make deductions from the price, as described below.
12.11 When we may make deductions from refunds if you are a consumer exercising your right to change your mind.
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products if this has been caused by your handling them in a way which would not be permitted in a shop.
(b) Unacceptable handling includes scratching the paint work on the product; tampering with the backing, wiring, plug, neon tubes or any other component parts of the product. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(c) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
12.12 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are products and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 12.3.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
13. Our rights to end the contract
13.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
13.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 13.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.3 We may withdraw the product.
We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid for products which will not be provided.
14. If there is a problem with the product
All products supplied by us to any customer, are supplied with the benefit of a 12 month guarantee. This Guarantee is sent out with every order and can be found in the “Documents Enclosed” clear label on the product. The Guarantee can also be found here. The Guarantee shall be subject to the terms and conditions in clause 16.
14.2 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01204 655866 or write to us at firstname.lastname@example.org or Neon Creations Ltd., Unit H6 Swan Business Centre, 4 Higher Swan Lane, Bolton, BL3 3AQ.
15. Your rights in respect of defective products if you are a consumer
15.1 If you are a consumer, by law, we must provide products that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences).
15.2 For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
15.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them or allow us to collect them from you, (see clause 12.3). We will pay the costs of collection. Please call customer services on 01204 655866 or email us at email@example.com to arrange collection.
16. Your rights in respect of defective products if you are a business customer
16.1 If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are products shall:
(a) conform with their description and any relevant specification; be free from material defects in design, material and workmanship;
(b) be of satisfactory quality (within the meaning of the Sale of Products Act 1979); and
(c) be fit for any purpose held out by us.
16.2 Subject to clause 16.2, if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in clause 16.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
16.3 We will not be liable for a product's failure to comply with the warranty in clause 16.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 16.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
16.4 Except as provided in this clause 16, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 16.1.
16.5 These terms shall apply to any repaired or replacement products supplied by us under clause 16.3.
17. Our responsibility for loss or damage suffered by you if you are a consumer
17.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
17.2 Where we have recommended that a product is installed by an experienced Neon sign installer.
Sometimes, we may strongly recommend that a product be installed by an experienced Neon sign installer. We cannot accept any liability for any damage, loss, cost, expense or injury caused as a result of installation by you or anyone else acting other than in accordance with our recommendation.
17.3 Modification of the product is not allowed under any circumstances. Please refer to pages 7 and 8 in the Instructions and Guarantee for more details regarding installation and modification.
17.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11 including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; and for defective products under the Consumer Protection Act 1987.
17.5 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 18.
18. Our responsibility for loss or damage suffered by you if you are a business customer
18.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Products Act 1979 or section 2 of the Supply of Products and Services Act 1982; [or]
(d) defective products under the Consumer Protection Act 1987[; or]
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
18.2 Except to the extent expressly stated in clause 16.1 all terms implied by sections 13 to 15 of the Sale of Products Act 1979 and sections 3 to 5 of the Supply of Products and Services Act 1982 are excluded.
18.3 Subject to clause 18.1:
(a) Where we have recommended that a product is installed by an experienced Neon sign installer, we cannot accept any liability for any damage, loss, cost, expense or injury caused as a result of installation by you or anyone else acting other than in accordance with our recommendation. Modification of the product is not allowed under any circumstances. Please refer to pages 7 and 8 (physically numbered 6 and 7) in the Instructions and Guarantee for more details regarding installation and modification.
(b) Our maximum liability for breach of contract, misrepresentation, misstatement or other tortuous act or omission including negligence arising under or in connection with the contract shall so far as be permitted by law be limited to the price paid to us under the contract.
(c) We shall not be liable for any loss of profit and/or loss of business and/or depletion of goodwill and/or consequential loss suffered by any person and/or costs or expenses which arise out of or in connection with any contract with us.
(d) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(e) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for products under such contract.
19. How we may use your personal information
20. Other important terms
Our specifications, plans, drawings, know-how and other confidential information whether of a technical or commercial nature which may be passed to or come into your possession shall not be used by you other than for the purpose of the contract and shall not be disclosed to any other person, firm or company whatsoever. All specifications, plans, drawings, documents, descriptions and other information submitted by us to you shall remain our property together with the copyright therein.
20.2 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
20.3 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if, for example, there is no evidence of sale of the product to someone else. However, if you are a consumer you may transfer our guarantee at clause 16.1 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing evidence of purchase of the product from you.
20.4 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 18.1 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
20.5 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.6 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
20.7 Notices to business customers.
Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to the provision to the party giving the notice and may be delivered personally or by fax, first class recorded delivery post or first class air mail letter. A notice shall be deemed to have been served (if personally delivered) at the time of delivery (if sent by first class recorded delivery post) 48 hours after posting or (if sent by first class air mail letter) 96 hours after posting or (if sent by fax) at the time of transmission.
20.8 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
20.9 Alternative dispute resolution if you are a consumer.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Please contact for details of the alternative despite resolution provider we use. The alternative dispute resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
20.10 Which laws apply to this contract and where you may bring legal proceedings if you are a business customer.
If you are a business customer, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
20.11 Updating these terms.
These terms were last updated in January 2021.
Schedule 1 Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To: Neon Creations Ltd., Unit H6 , Swan Business Centre, 4 Higher Swan Lane, Bolton, BL3 3AQ. Telephone number: 01204 655866 ; or by writing to us at firstname.lastname@example.org .
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.