Terms & Conditions
THIS WEBSITE AND ONLINE STORE (THE “SITE”) IS OPERATED BY SKYGEAR SOLUTIONS, INC. THROUGHOUT THE SITE, THE TERMS "WE", "US" AND "OUR" REFER TO SKYGEAR SOLUTIONS, INC. SKYGEAR SOLUTIONS, INC. OFFERS THIS SITE, INCLUDING ALL INFORMATION, TOOLS AND SERVICES AVAILABLE FROM THIS SITE TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES AND NOTICES STATED HERE.
By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service“), including the additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current online store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
Section 1 - Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.
Section 2 - Return and Refund Policy; No Warranty
- Skygear Solutions strives to provide an excellence customer experience. We will do everything within our capacity to ensure our customers are 100% satisfied with their purchase. All unopened products may be returned within 30 days of purchase with an approved RMA number obtained by filling out our online return form. In order to receive an RMA number, please have your sales receipt ready and complete the online RMA form. A representative will respond to your RMA request within 24 business hours.
- All returned or exchanged items must be in brand new condition, in their original box, and must include all original packing material, blank warranty cards, manuals, documents, and all accessories. Items that have been activated, previously flown, used, or show any sign of wear will not be accepted. Items received that do not meet these requirements will not be accepted. At the sole discretion of Skygear Solutions, Inc., exceptions may be made to this policy with a minimum 15% re-stocking fee.
- Items deemed DOA may be exchanged within 14 days of the purchase receipt date at the discretion of Skygear Solutions, Inc. for the same model or manufacturer's equivalent model. AFTER THIS PERIOD ALL WARRANTY REQUESTS MUST BE DIRECTED TO THE MANUFACTURER. A pre-paid shipping label or reimbursement for return shipping charges may be provided on DOA item exchanges.
Once we receive your item, we will inspect it and notify you that we have received your returned item. We will promptly notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer's policies.
- THE WARRANTY ON PRODUCTS DOES NOT COVER, AND SKYGEAR SOLUTIONS, INC. IS NOT RESPONSIBLE IN ANY WAY, FOR DAMAGE TO OTHER EQUIPMENT DUE TO A FAILURE OF A COMPONENT. SKYGEAR SOLUTIONS, INC. IS NOT RESPONSIBLE IN ANY WAY FOR THE USE, MISUSE, OR ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY FROM USE OF ANY EQUIPMENT PURCHASED ON OUR SITE. SKYGEAR SOLUTIONS, INC. DOES NOT PROVIDE ANY WARRANTIES WHATSOEVER AND DEFERS TO THE MANUFACTURER FOR ANY COMPLAINTS/WARRANTIES/GUARANTEES AS SKYGEAR SOLUTIONS, INC. DOES NOT MAKE, MANUFACTURE, OR FABRICATE ANY OF THE PRODUCTS FOUND HEREIN UNLESS SPECIFIED.
Skygear Solutions may provide a return Fedex or UPS shipping label or reimbursement of shipping charges to return any product deemed DOA at their sole discretion. Otherwise, you will be responsible for paying shipping costs for all other authorized returns. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your original purchase amount less the shipping charges. Please see the Delivery Information page for information regarding outbound shipments and pick-up times.
- Request an RMA Number
To return an item to us, please use the online RMA Form to get an RMA number and return shipping information. A representative will respond to your RMA request within 24 business hours.
Section 3 - General Conditions; Refusal of Service
- WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, BUT ARE NOT OBLIGATED, TO LIMIT THE SALES OF OUR PRODUCTS OR SERVICES TO ANY PERSON, GEOGRAPHIC REGION OR JURISDICTION. WE RESERVE THE RIGHT TO REFUSE ANY ORDER. WE MAY, IN OUR SOLE DISCRETION, LIMIT OR CANCEL QUANTITIES PURCHASED PER PERSON, PER HOUSEHOLD OR PER ORDER. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
- You understand that any content you submit via our site (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
Section 4 - Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
Section 5 - Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 6 - Products or Services (if applicable)
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 as may be specified for a particular product. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
Any offer for any product or service made on this site is void where prohibited.
Section 7 - Accuracy of Billing and Account Information
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 8 - Optional Tools
We may provide you with access to third-party tools such as the ability to track shipments, over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" without any warranties or representations of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s) We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources), which shall also be subject to these Terms of Service.
Section 9 - Third-party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 10 - User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 11 - Personal Information
Section 12 - Errors, Inaccuracies And Omissions
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 13 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content for any unlawful, abusive, misleading, obscene or immoral purpose. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 14 - Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
IN NO CASE SHALL SKYGEAR SOLUTIONS, INC., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SITE OR SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Section 15 - Indemnification
You agree to indemnify, defend and hold harmless Skygear Solutions, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 16 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 17 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
Section 18 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 19 - Governing Law and Jurisdiction
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to principles of conflict of laws. Any dispute with us, whether related to these Terms and Conditions or otherwise, shall be resolved solely in the state or federal courts of New Castle County, Delaware. You hereby submit to the personal jurisdiction of this court, and waive any objections or right as to lack of jurisdiction or venue, or inconvenient forum.
Section 20 - 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 21 - Contact Information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org