Terms of Service

These Terms of Service govern your use of the NEON PALM website, including any related webpages, content, features, products, and services offered through the site. Throughout these Terms, "NEON PALM," "we," "us," and "our" refer to NEON PALM Holding, LLC.

By visiting our website, creating an account, joining our waitlist or community, purchasing a product, or otherwise using our services, you agree to these Terms of Service and our Privacy Policy. Please read them carefully.

If you do not agree to these Terms, please do not use our website or services.

1. Our Store

NEON PALM designs and sells apparel, accessories, and related products. Our online store is hosted by Shopify, which provides the e-commerce platform that allows us to offer our products and services to you.

These Terms apply to all website visitors and customers, including browsers, purchasers, community members, contributors, and others who access or use the site.

2. Eligibility

You must be at least 18 years old, or the age of legal majority where you live, to make a purchase through our website.

By using the website, you represent that you have the legal capacity to enter into an agreement with us. You may allow a minor under your supervision to browse the website, but minors may not independently submit orders or provide personal information to us.

3. Product Information

We work hard to describe and photograph our products as accurately as possible. However, colors and product details may appear differently depending on your device, screen settings, lighting, and other factors.

Measurements, fit guidance, product weights, dimensions, and other specifications are approximate unless expressly stated otherwise. Individual products may have slight variations resulting from fabric, dyeing, manufacturing, and finishing processes.

We may modify product descriptions, features, availability, or pricing at any time without prior notice.

4. Availability and Purchase Limits

All products are subject to availability. Placing an order does not guarantee that the product is available or that we will accept the order.

We reserve the right to:

  • Limit the quantity of products purchased by any person, household, account, payment method, or shipping address.
  • Refuse or cancel an order.
  • Discontinue a product at any time.
  • Limit sales to certain geographic regions.
  • Correct inventory errors or other inaccuracies.

If we cancel an order after payment has been processed, we will issue a refund to the original payment method.

5. Orders

When you submit an order, you are offering to purchase the products listed in the order subject to these Terms.

Your order is not accepted until we send you an order confirmation or otherwise confirm acceptance. An automated acknowledgment that we received your order does not necessarily mean that we have accepted it.

We may contact you if we need to verify information before accepting or fulfilling an order.

You agree to provide current, complete, and accurate billing, shipping, payment, and account information. You are responsible for reviewing your order before submitting it, including the product, size, length, quantity, shipping address, and payment details.

6. Pricing and Payment

Prices are displayed in U.S. dollars unless otherwise stated.

Prices do not include applicable sales tax, shipping charges, duties, customs fees, or similar charges unless expressly indicated. These amounts may be added during checkout.

You authorize us and our payment providers to charge your selected payment method for the full amount of your order.

We may correct pricing, promotional, or product-description errors, even after an order has been submitted. If a correction materially affects your order, we will give you the option to confirm the corrected order or receive a refund.

7. Promotions and Discount Codes

Promotions, referral offers, discount codes, gifts, contests, and other special offers may be subject to additional terms.

Unless otherwise stated:

  • Offers cannot be combined.
  • Offers have no cash value.
  • Discount codes must be entered at checkout.
  • Discounts cannot be applied retroactively.
  • Offers may be limited by customer, product, geography, or time period.
  • We may modify or end an offer at any time.

We may reject or cancel orders involving suspected misuse, manipulation, fraud, duplicate accounts, automated activity, or violation of promotional terms.

8. Preorders

Preorder windows are open for a limited time. You may cancel a preorder for a full refund any time before the window closes.

Once the window closes, your order goes into production and can no longer be canceled.

Our standard Returns + Exchanges Policy applies from the day the item is delivered. The pre-order close deadline and estimated delivery window are shown on the product page before you order.

9. Shipping and Delivery

Shipping dates and delivery estimates are not guarantees.

Risk of loss and title to purchased products pass to you when the order is delivered to the address provided at checkout, except where applicable law requires otherwise.

You are responsible for providing a complete and accurate shipping address. NEON PALM is not responsible for delays, losses, or additional costs caused by an incorrect or incomplete address submitted by the customer.

Once an order has been transferred to a carrier, delivery may be affected by carrier operations, weather, holidays, customs, or other events outside our control.

Please contact us promptly if your package appears lost, damaged, or incorrectly delivered so we can review the issue with our fulfillment and shipping partners.

10. Returns, Exchanges and Refunds

Returns, exchanges, and refunds are governed by our Returns + Exchanges Policy, which is incorporated into these Terms.

Our Returns + Exchanges Policy includes information about eligibility, return windows, exchanges, return shipping fees, refunds, damaged or incorrect items, final-sale items, and preorders.

We reserve the right to refuse a return or exchange that does not comply with our Returns + Exchanges Policy, including a product that has been worn, washed, altered, damaged after delivery, or returned without following the required return process.

Nothing in these Terms or our Returns + Exchanges Policy limits any non-waivable rights available to you under applicable consumer-protection law.

11. Accounts

You may have the option to create an account or access order information through our website.

You are responsible for:

  • Keeping your login information confidential.
  • Restricting access to your account and devices.
  • Providing accurate account information.
  • Notifying us promptly of suspected unauthorized use.

You are responsible for activity conducted through your account unless prohibited by applicable law.

We may suspend or close an account that we reasonably believe is being used fraudulently, unlawfully, or in violation of these Terms.

12. Waitlists, Communities and Product Feedback

NEON PALM may offer waitlists, referral programs, early-access groups, community experiences, product-testing opportunities, surveys, or feedback programs.

Participation does not guarantee that you will:

  • Receive a product.
  • Receive early access.
  • Be selected for a particular program.
  • Receive a discount or other benefit.
  • Be able to purchase a product before it sells out.

If you provide product feedback, fit notes, suggestions, ideas, reviews, survey responses, or other feedback, you give NEON PALM permission to use that feedback to improve, develop, market, and operate our products and business.

We will not publicly identify you in connection with private feedback without permission, except as otherwise explained when the feedback is collected.

13. Reviews and User Content

You may be able to submit reviews, photographs, comments, testimonials, social-media content, or other materials, collectively called "User Content."

You retain ownership of your User Content. By submitting or directly sharing User Content with NEON PALM, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from it in connection with operating and marketing NEON PALM.

Where reasonably practical, we may identify you by your first name, initials, social-media handle, or other attribution you provided.

You represent that:

  • You own or have permission to submit the content.
  • The content is accurate based on your honest experience.
  • Our permitted use will not violate another person's rights.
  • The content is not unlawful, deceptive, threatening, defamatory, discriminatory, obscene, or malicious.
  • The content does not contain malware, unauthorized advertising, or another person's confidential information.

We may remove or decline to publish User Content at our discretion.

14. Intellectual Property

The website and its contents (including the NEON PALM name, logos, designs, product names, photographs, graphics, copy, videos, layouts, and other materials) are owned by or licensed to NEON PALM and are protected by intellectual-property laws.

You may use the website for your personal, noncommercial use.

You may not, without our prior written permission:

  • Copy, reproduce, modify, publish, sell, or commercially exploit our content.
  • Use our trademarks, logos, or product images in a way that suggests endorsement.
  • Scrape, harvest, index, or systematically extract website content.
  • Reverse engineer or interfere with the website.
  • Create confusingly similar branding, products, or digital experiences.
  • Use our content to train or develop a commercial artificial-intelligence model or dataset.

Nothing on the website transfers ownership of any intellectual property to you.

15. Acceptable Use

You may not use the website or services:

  • For an unlawful, fraudulent, abusive, or deceptive purpose.
  • To violate another person's rights.
  • To transmit malicious code.
  • To collect information about others without authorization.
  • To interfere with the security or operation of the website.
  • To impersonate another person or entity.
  • To place orders for unauthorized resale.
  • To engage in automated purchasing, scraping, or account creation.
  • To circumvent purchase limits, security controls, or promotional restrictions.

We may suspend or terminate access for conduct that violates these Terms or threatens our customers, systems, partners, or business.

Our website may include tools, integrations, links, or services provided by third parties, including Shopify, payment processors, shipping carriers, analytics providers, social-media platforms, and marketing providers.

We do not control third-party websites or services and are not responsible for their content, availability, security, policies, or practices. Your use of a third-party service may be governed by that provider's own terms and privacy policy.

A link or integration does not necessarily mean that NEON PALM endorses the third party.

17. Email and Text Communications

By providing your email address, you may receive transactional communications related to your account, orders, returns, or customer-service requests.

Where you separately choose to receive marketing communications, we may also send product announcements, community updates, early-access opportunities, and promotional messages.

You may unsubscribe from promotional emails using the link included in the message. Transactional messages may still be sent when necessary to administer your orders or account.

If we offer text-message marketing and you opt in, message and data rates may apply. Consent to marketing texts is not a condition of purchase. You may reply STOP to unsubscribe and HELP for assistance.

18. Privacy

Our collection and use of personal information are described in our Privacy Policy.

By using our website, you acknowledge that online systems and transmissions cannot be guaranteed to be completely secure. You are responsible for using appropriate care when sharing information online.

19. Disclaimer of Warranties

To the fullest extent permitted by law, the website, its content, and our services are provided on an "as is" and "as available" basis.

We do not guarantee that:

  • The website will always be available, uninterrupted, or error-free.
  • All defects will be corrected immediately.
  • Product availability will remain unchanged.
  • Website content will always be complete or current.
  • The website will be free from harmful components.

Products are subject only to warranties expressly provided by NEON PALM and any warranties that cannot legally be excluded.

Some jurisdictions do not permit certain warranty exclusions, so parts of this section may not apply to you.

20. Limitation of Liability

To the fullest extent permitted by law, NEON PALM and its owners, managers, employees, contractors, affiliates, service providers, and partners will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of the website, services, or products.

To the fullest extent permitted by law, our total liability for a claim relating to a purchase will not exceed the amount you paid to NEON PALM for the product giving rise to the claim.

These limitations do not apply to liability that cannot be limited or excluded under applicable law.

21. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless NEON PALM and its owners, managers, employees, contractors, affiliates, and service providers from claims, losses, liabilities, damages, and reasonable expenses arising from:

  • Your unlawful use of the website.
  • Your material violation of these Terms.
  • Your violation of another person's rights.
  • User Content you submit.

This section does not apply to the extent a claim was caused by NEON PALM's own negligence, willful misconduct, or violation of law.

22. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Any legal proceeding that is not eligible for small-claims court must be brought in a state or federal court located in Palm Beach County, Florida, and each party consents to the jurisdiction of those courts.

Nothing in this section deprives you of protections that cannot be waived under the laws of the jurisdiction where you live.

23. Changes to These Terms

We may update these Terms periodically to reflect changes in our business, website, products, practices, or legal obligations.

The updated Terms will be posted on this page with a revised effective date. Your continued use of the website after an update constitutes acceptance of the revised Terms, to the extent permitted by law.

Material changes will apply prospectively unless otherwise required by law.

24. Severability and Waiver

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

Our failure to enforce a provision does not waive our right to enforce it later.

25. Entire Agreement

These Terms, together with our Privacy Policy, Returns + Exchanges Policy, and any additional terms presented for a particular offer or service, form the entire agreement between you and NEON PALM concerning your use of the website and services.

26. Contact Us

Questions about these Terms may be sent to:

NEON PALM
21218 St Andrews Blvd Ste 10
Boca Raton, FL 33433

Or email us at hello@neonpalm.co.