Terms & Conditions

General

OVERVIEW OF TERMS

This website is owned and operated by Neon Pear, trading as Neon Pear. Throughout the site, the terms “we”, “us” and “our” refer to 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to all of these terms and conditions, then your invitation to access our site and its associated products/services is rescinded.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. Refunds are only available items/services that have not commenced or have been created, and were we have not incurred any costs on your behalf. 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.

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, 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.

With custom art requests, we offer a maximum of two rounds of review/changes to the piece. If you have not clearly articulated your requirements to us prior to commencement of the work (or during the rounds of changes), we take no responsibility for the final outcome and will not be liable to any return of cost to you. We will endeavour to provide you with any reasonable requests that you make, but please note that minor changes to the final pice may occur an are unavoidable. We again, are no liable to refund the cost of your purchase, should his occur.

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.

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, ARTISTS AND INSTALLATION

We use Australian artists, printers, framers and installers.

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.

Should you make a request for work to be completed by an artist who is not direct employee of Neon Pear (as per the “About Us” page of our website), please note that the service we provide is to locate and facilitate the introduction between you and the artist. Should any incidences arise (such as damage of property, theft, altercation) while the artists is working with you, we bear no responsibility for this. We contact artists for you based on the style you require, but these artists are not employees of Neon Pear and do not represent our business.

SECTION 9 – CONTACT INFORMATION

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

SECTION 10 – shop

a) Disclosure

All Neon Pear artworks and products are original and copyrighted directly to Neon Pear.

Some items, such as tea towel designs, have been produced using street art imagery. This has been done with the artist's full knowledge and permission. Other items may use only a small portion of street art, however in creating these designs we have ensured that we have used a ‘less than substantial’* portion of the original artwork 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 them for making Melbourne the cultural foundation of urban art in Australia.

*’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.

b) Shipping

All orders made via neonpear.com are shipped from Melbourne, Australia using Australia Post*.

Update: Australia Post may be experiencing processing and delivery delays at this time.

Shipping charges are calculated at time of check out. Approximate timeframes for shipping are usually within 5-7 business days for metropolitan areas and 7-10 business days for regional areas. Delivery times may vary for larger items (such as artworks) and/or for peak periods (such as during any online sales or the Christmas/New Years period), usually taking at least 7-12 working days. We will send you an email to confirm that your order has been received and if any delays are expected we will contact you asap.

*Timeframes for receiving goods may vary depending on Australia Post. Please feel free to email, should you have concerns that your order has not arrived.

For all international orders the shipping timeframes may vary, depending on your country of origin. Please contact us via email for more information on international shipping charges and timeframes.

International postage costs are calculated by weight and country of destination in accordance with Australian international post shipping fees. Items are sent using Australia Post’s registered postal service, offering a tracking number for your order. We will send you a courtesy email once your item has been shipped. International customers are responsible for any import duty and customs fees that may arise from their order.

c) Stock Availability

Although we keep a close eye on our inventory, on occasion, 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. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (below).

We reserve the right to limit the number of items, or remove any products or services that we offer, at any time. As the majority of our products are handmade or hand packaged, this can cause delays in production and/or delivery of stock to our consumers. This, in turn, may lead to temporary and/or permanent removal of items from our website.

Some items will be produced only after purchase on our website, therefore a longer waiting period for delivery may occur. We will notify you if this the case. If any questions prior to placing an order, please feel free to contact us via email.

d) Payment

All final prices are in Australian dollars. Prices may be subject to change without notice and can vary from prices listed at retail outlets offering Neon Pear products. We have a preference for payments made securely by Stripe. 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.

We reserve the right to refuse any order you place with us.

e) Delivery

Items currently in stock will be shipped within 48 hours of purchase order. As we are dependent on Australia Post for deliveries, this may delay your item arrival time and we take no responsibilities for Australia Post delays. Neon Pear will, however, attempt to contact Australia post on your behalf and investigate any delays.

In the event that we make a change to or cancel your order, we will attempt to notify you by contacting the e-mail address provided at the time the order was made.

Some items may be out of stock due to high demand. Feel free to contact us for orders on ‘out of stock’ items. We can then give you a better idea of availability timeframes.

f) Security and Privacy

Any personal information you provide to Neon Pear, 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. 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

g) Return Policy

All orders are final upon confirmation of purchase. We do not offer refund or exchange due to 'change of mind'.

f) Artwork Framing

Please note that artwork is currently sold in one - three sizes. We do not provide framing, however there is a wide range of framing options/professional framers in Australia and we recommend you seek prices for custom framing in your area, prior to purchase.

Refunds/exchanges are not provided for issues with third party framers. Neon Pear shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or service.

g) Product Care

Please ensure you follow the care instructions on each product, as well as utilising reasonable judgement. If you have any questions on a product you received please feel free to contact us. Most products will have at least one a handmade aspect to them and as such slight variations in appearance, prints and finishes may be apparent, which are all signatures of the process.

Coasters –
Neon Pear coasters can be wiped with a damp cloth to clean. Store flat, to ensure rubber backing doesn't move, however if this occurs it can be easily re-positioned. Neon Pear has made every attempt to ensure that your new coasters are free of tackiness around the exterior rim of the coasters, caused from the waterproof glue - at times this may be present but will dissipate.

h) Product Images

While we always endeavour to display real product photographs on our website, we also try to provide our customers with as many visual options as we can, with regard to framing, product environment etc. Therefore, one (or more) of product (specific) photographs on our website may be a visually edited representation of our product.

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

i) Changes to Shop Terms of Service

You can review the most current version of the Shop 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.

j) Promotions/Competitions

Competitions are open to Australian residents only. Neon Pear reserves the right to change/remove any conditions placed on any competition and cannot guarantee stock availability of any product/prize requested by the winner. We will make every effort to contact winners via agreed email/social media pages to discuss prize availability and terms of competition wins. More information on competition terms and conditions will be found on our ‘competitions’ page, associated to the applicable competition.

k) Contact Information

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

Disclosure

COPYRIGHT

All Neon Pear 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.

OUR SHOP

We offer original artworks and statement pieces, as well as collaborative items with local street artists (see section 10.a for more information). Every product is designed by us and carefully packaged by hand in Melbourne, Australia. Where possible, we proudly use Australian small businesses for necessary aspects of production and we actively source sustainable materials and papers for a happy planet.

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 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.

Our website is hosted on squarespace. They provide us with the online platform that allows us to sell our products and services to you.