By using this NEON COWBOYS' website (The "Site") to place an order for products available on the site (The "Products"), You agree to be bound by the Terms & Conditions set forth below (The "Agreement").
1. Applicability of Terms and Conditions. Your purchase of Products from Neon Cowboys is expressly made subject to this Agreement. The terms of this Agreement may be amended by Neon Cowboys from time to time. You are bound by the version of this Agreement that is in effect on the date of your order of Products. This Agreement constitutes the complete agreement between you and Neon Cowboys, and supersedes all prior communications, representations and agreements, written or oral. No additional or different terms or conditions set forth in any purchase order or other communication from you to Neon Cowboys shall apply unless expressly agreed to in writing by Neon Cowboys, and Neon Cowboys hereby rejects any terms and conditions that are contrary to this Agreement.
2. Acknowledgement. You hereby represent and warrant that: (i) you are an individual acting in your individual capacity or as an agent of a person or entity that has authorized you to act on that person’s or entity’s behalf; (ii) you possess the legal right and ability to make a credit card charge on your own behalf or on behalf of such other person or entity; (iii) you are at least eighteen (18) years of age; and (iv) all information that you submit to Neon Cowboys is true, accurate and current.
3. Privacy Policy and Terms of Use. Our privacy policy and Terms of Use of the Site are a part of this Agreement and their terms are incorporated by this reference. The privacy policy explains how certain information about you may be used. You acknowledge and agree that Neon Cowboys may exchange, use and store information about you and your orders in accordance with Neon Cowboy’s privacy policy. By using this Site, you agree to all of the terms and conditions set forth in the privacy policy and Terms of Use.
4. Purchase of Products. You may place orders for Products on this Site by following the posted directions and fully and accurately completing all information requested (including without limitation, type and quantity of Products ordered, shipping information, and payment information). Once you place an order, the order will be sent via E-mail to an Neon Cowboys representative for processing. All orders are subject to acceptance by Neon Cowboys, and Neon Cowboys reserves the right to reject any and all orders. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Neon Cowboys reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Once accepted, all orders are firm and non-cancelable by you. Orders will be deemed accepted by Neon Cowboys unless Neon Cowboys notifies you of a rejection in writing within fourteen (14) days after you place the order.
5. Prices and Taxes. The prices for the Products shall be as set forth on the Site at the time that you place your order; however if there was an error on the posted price Neon Cowboys shall inform you and the order will be cancelled or subject to the correct pricing. Prices are stated in U.S. dollars and include packaging and packing. Prices shall be exclusive of all applicable customs duties and all federal, state, local, excise, sales, use and similar taxes. All such applicable amounts, if any, shall be separately stated by Neon Cowboys and shall be charged to your credit card account.
6. Payment. Payment for the Products may only be through valid credit cards acceptable to Neon Cowboys or gift cards/codes issued by Neon Cowboys (gift cards/codes cannot be redeemed for cash and are only valid for purchase or Products on the Site). By submitting your order to Neon Cowboys for processing (including providing your credit card information), you authorize Neon Cowboys to charge the order (including taxes, shipping, handling, insurance and related charges described to you on the Site) to your credit card. Notwithstanding anything to the contrary set forth in this Agreement, if your credit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically, with or without notice to you. Any credit for Products that may become payable to you by Neon Cowboys shall be credited to the credit card that you used to purchase the applicable Products.
7. Shipping, Delivery and Risk of Loss. Neon Cowboys will have the Products shipped to you as they become available for shipment. Purchaser understands that normal delivery varies substantially from Product to Product, and that delivery dates are estimates only and not guaranteed. Neon Cowboys reserves the right to ship your order in parts. All shipments of Products to you will be FCA (Incoterms 2000) Neon Cowboy’s warehouse or manufacturing facility. All shipping, handling, insurance and related charges will be charged to your credit card. Title, and the risk of loss or damage while in transit, to all Products ordered by you will pass to you upon Neon Cowboy’s tender of the Products to the common carrier at Neon Cowboy’s facility. You must file all claims for loss or damage directly with the carrier, and you shall remain liable to Neon Cowboys for the full purchase price of the Products not withstanding any such loss or damage.
8. Products Purchased for Personal Use Only. You acknowledge and agree that the prices charged to you for the Products are based upon Neon Cowboy’s understanding and belief that you will use the Products for personal purposes and will not resell the Products. You hereby expressly represent and warrant that you shall not market, resell or transfer the Products to any other party under any circumstance.
9. Warranty and Returns. The Products purchased by you are warranted only pursuant to the warranty information, if any, accompanying the Products; you may return a Product only pursuant to the return procedures set forth in the Order Summary/Return Slip accompanying the Product. If no warranty or return policy is stated, then purchased are non-cancellable and non-refundable. You must strictly comply with all instructions set forth on such Order Summary/Return Slip to receive a refund, credit or exchange, as applicable. Your sole remedy for any defective or unwanted Product is to return the Product to Neon Cowboys as set forth above. If you return a Product without complying with the foregoing requirements, your return of the Product may be rejected by Neon Cowboys or subject to a repackaging or restocking charge which Neon Cowboys shall subtract from the refund which may be due to you. Please note that you are solely responsible for paying shipping, handling and insurance on returned merchandise unless it is returned due to defect.. All pre-orders are non-cancellable and non-refundable. Each pre-order purchase goes towards putting that order into production.
10. Disclaimer of Warranties. THE WARRANTY AND REMEDIES SET FORTH IN SECTION 9 (“WARRANTY AND RETURNS”) ABOVE ARE YOUR SOLE AND EXCLUSIVE WARRANTY AND REMEDIES REGARDING PRODUCTS THAT YOU PURCHASE FROM THE SITE AND ARE IN LIEU OF, AND YOU HEREBY WAIVE, ALL OTHER WARRANTIES AND LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE SITE MAY INCLUDE CERTAIN INACCURACIES OR TYPOGRAPHIC ERRORS (SUCH AS ERRORS IN POSTED PRICES, PRODUCTS INFORMATION AND THE LIKE) AND NEON COWBOYS SHALL NOT BE RESPONSIBLE OR OBLIGATED TO YOU IN ANY IN THE EVENT OF SUCH INACCURACIES OR ERRORS.
11. Limitation of Liability. IN NO EVENT SHALL NEON COWBOYS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF A REPRESENTATIVE OF NEON COWBOYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IN NO EVENT SHALL NEON COWBOY’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE PRICE THAT YOU PAID TO NEON COWBOYS FOR THE APPLICABLE PRODUCT(S) THAT YOU PURCHASED FROM THE SITE.
12. Allocation of Available Supply; Force Majeure. If for any reason Neon Cowboys is unable to supply all or any portion of the Products ordered by you, then Neon Cowboys may allocate its available supply among any or all purchasers, on such basis as Neon Cowboys may, in its reasonable discretion, deem fair and practical. In addition, Neon Cowboys shall not be liable or deemed in default for any delay or failure in performance resulting directly or indirectly from any cause which is unavoidable or beyond the reasonable control of Neon Cowboys.
13. Notices. You and Neon Cowboys may communicate with each other either electronically, via facsimile or postal mail, or by courier. Notices shall be deemed to have been duly given or delivered if delivered personally or sent by facsimile or electronic mail (receipt confirmed by recipient), two (2) days after being sent by a nationally recognized overnight service, or three (3) days after being mailed by registered or certified mail, return receipt requested with first class postage prepaid. Neon Cowboys will contact you using the information that you provide to Neon Cowboy, and you shall be solely responsible for the inaccuracy of such information. Neon Cowboy’s contact information is info@neoncowboys.com.
14. Local Laws; Export Control. Neon Cowboys controls and operates the Site from its headquarters in the United States of America. If you use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. You agree that the Products are subject to applicable export control laws and regulations of the United States Government. You agree not to export or re-export the Products directly or indirectly, to any country not permitted by United States export restrictions.
15. General. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California (without regard to its rules of conflicts of law). You agree to submit to the non-exclusive jurisdiction of the courts located in Los Angeles, California for the resolution of all disputes arising from or related to this Agreement and/or your use of the Site. The prevailing party shall be entitled to recover its reasonable attorneys’ fees, litigation expenses and court costs incurred in the arbitration and in enforcing the decision of the arbitrator(s). If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provisions, and the remainder of the Agreement shall continue in full force and effect. No waiver of any breach of any provision of this Agreement by you shall constitute a waiver by Neon Cowboys of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of Neon Cowboys.
Please see our Terms of Service for more information about our sales policies.