Terms & Conditions of Use of This Website The following terms and conditions of use (the “Terms and Conditions”) govern your (“You”) use of the www.skydancersintl.com Website (www.skydancersintl.com).
BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE.
If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website. Services Available on the Website. www.skydancersintl.com may make certain services available to individuals who register on the Website (“Registered Users”) and general visitors to the Website (“Visitors”) (Registered Users and Visitors are collectively referred to as “Users”). For example, Users may be able to register to receive a print publication or an e-mail newsletter, participate in discussions with other Users, post comments, post and respond to an ad, promo, or enter a sweepstakes (collectively, “Services “, and with the Website, the “Website “). Users may also access articles and perform research. www.skydancersintl.com may make certain forums available on the Website that allow Registered Users the opportunity to participate in moderated discussions and to post information on our website.
Registered Users who participate in these Forums are solely responsible for the information and other content they post on and through these Forums and should be aware that when they voluntarily disclose personal information (e.g., name, e-mail address, telephone number) on or through these Forums, that such information is generally accessible to and may be collected and used by other Registered Users, as well as Visitors, and may result in unsolicited online and offline messages from such viewers. Registered Users are encouraged to exercise discretion when providing personal information about themselves in and through Forums. Internet Access. You acknowledge and agree that in connection with your use of the Website you must: (a) provide for your own access to the internet and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such access and connection to the internet, including a computer, software, a modem and a means of connecting to or accessing the Internet. www.skydancersintl.com shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from your use of the Website. Proprietary Rights. As between you and www.skydancersintl.com (including our affiliates), we are the owner and/or authorized user of any trademark, and/or service mark appearing on the Website, and are the copyright owner or licensee of the content and/or information on the Website, unless otherwise indicated. Except as otherwise provided herein, use of the Website does not grant to you a license to any content, features or materials you may access on the Website. Any commercial use of the Website is strictly prohibited, except as allowed herein or otherwise approved by us.
You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print one (1) copy of the information on the Website solely for your personal use or records. If you make other use of the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Website. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Website, become our property and may be used by us in any manner. User Information. In the course of your use of the Website, you may be asked to provide certain information about yourself to us (“User Information”). The information is subject to our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information. Submitted Material. Any information or material that you submit or send to www.skydancersintl.com or otherwise make available on or through the Website (“Your Material”) will be deemed not to be confidential or secret. By submitting or otherwise making Your Material available on the Website, you: Agree and acknowledge that Your Material will not be treated as confidential or proprietary. Represent and warrant that Your Material: Is original to you and that no other party has any rights to the material; Does not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful; Does not contain a virus or other harmful component; and Does not contain, unless the specific Service allows, any advertising of any kind, or false or misleading indications of origin or statements of fact. Grant www.skydancersintl.com the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display Your Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in Your Material have been waived.
No Endorsement. www.skydancersintl.com does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the Website, nor does www.skydancersintl.com endorse any opinions expressed by Users or others, such as responses provided in any portions of the Website. Users acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area by Users are the views of the User posting the statement, and do not represent the views of www.skydancersintl.com. Unsolicited Materials. Unless specifically requested, www.skydancersintl.com does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, any of its services, by e-mail, or in any other way. User Conduct. You warrant and agree that, while using the Website, you shall not: Upload, post or transmit to or distribute or otherwise publish through the Website any material that violates any provision of these Terms and Conditions; Restrict or inhibit any other User from using and enjoying the Website; Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; Impersonate, or misrepresent your affiliation with any other person or entity; Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information or other material); Engage in spamming or flooding; or Attempt to gain unauthorized access to other computer systems through the Website. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or derivative works with respect thereto, as the Website is copyrighted as a collective work under U.S. copyright laws. We have no obligation to monitor any content on or through the Website and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Website and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect ourselves or our Users. We will not intentionally monitor or disclose any private electronic mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions. We may also suspend or terminate any User’s use of the Website at any time in our sole discretion. You agree to defend, indemnify and hold www.skydancersintl.com, its owners, directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or the placement or transmission of Your Material on or through the Website by you.
DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. www.skydancersintl.com DOES NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. www.skydancersintl.com MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM www.skydancersintl.com OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. LIMITATION OF LIABILITY. IN NO EVENT SHALL SKYDANCERS INTERNATIONAL OR ANY OF ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SDI OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL www.skydancersintl.com BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF SKYDANCERS INTERNATIONAL TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO www.skydancersintl.com FOR YOUR ACCESS TO OR USE OF THE WEBSITE.
Links to Other Websites. You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Website (“Linked Websites”). Links to Linked Websites are provided as a convenience to you, and do not constitute an endorsement by or association with www.skydancersintl.com of such websites or the content, products, advertising or other materials presented on such websites. www.skydancersintl.com does not author, edit, or monitor these Linked Websites. You acknowledge and agree that www.skydancersintl.com is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Websites.
Applicable Laws. We control and operate this Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access this Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Miscellaneous. The Terms and Conditions and the relationship between you and www.skydancersintl.com shall be governed by the laws of the State of Virginia, without regard to its conflict of law provisions. You and www.skydancersintl.com agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of Virginia. You and www.skydancersintl.com each agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Virginia. The failure of www.skydancersintl.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. Modifications to the Website and the Services. We may change these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Website. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, content, features or hours of availability.
By using the Website following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. We may also impose limits on certain features of the Website or restrict your access to part or all of the Website without notice or penalty.
Shipping & Return Policy
After Receiving Your Order
SkyDancers International ships all products in the most robust possible packaging, and selects the most appropriate shipping carrier based on the items ordered. However, sometimes breakage may occur due to carrier mishandling while in transit to you. Should this happen, we will require at least two clear pictures of any damages to be either mailed or e-mailed to our customer service team (info@skydancersintl.com) as evidence for any claim we may make against the freight carrier, and as a requirement to receive credit or replacement merchandise. This claim must be filed within 7 calendar days of receipt of the merchandise. SkyDancers International reserves the right to replace damaged merchandise within 14 calendar days of notification by the customer. If a replacement item is available for shipping within that time period then a refund cannot be issued. If no replacement is available, the damaged item(s) will be refunded in full.
Visible Loss or Damage
Any external evidence of loss or damage that occurred during transit is considered visible loss or damage and must be noted on the bill of lading and signed by the carrier’s agent (driver). Failure to adequately describe the visible loss or damage could result in the carrier delaying or refusing to honor the freight claim.
Concealed Loss or Damage
Any damage that occurred during transit that was not visible at the time of delivery is considered concealed loss or damage. Due to rough handling in transit it is possible to damage the contents of a container without damaging the container itself.. If such a situation occurs it is important to contact SkyDancers International immediately for instructions on how to handle the claim. If a claim is to be filed it is important to save the container that the damaged merchandise arrived in. You must open all received boxes and inspect products for concealed damage within 7 calendar days of delivery and SkyDancers International must be notified at that time. At least two clear pictures are to be mailed or e-mailed to customer service immediately. After this timeframe claims may not be honored.
Cancellations and Returns
1. If an order is cancelled prior to shipment, payment will be fully refunded minus a 5% credit card processing fee. This is necessary to cover our costs incurred by the credit card processing agencies, which are non-reversible. Orders cancelled that were paid by cash or check will not incur this charge. Note that we consider your product to be “shipped” when it has been picked up from our warehouse by the freight carrier. After products are considered ìshippedî, cancellations are treated as returns as described below.
2. All returns require a Return Merchandise Authorization (RMA) from our Customer Service Department. Please call (818) 341-8060 to obtain an RMA. No returns will be accepted or any credit granted without an RMA. To provide any credit or replacement units we must first have a chance to receive and completely inspect your return.
3. All claims for non-damaged returns must be made within 30 calendar days of receipt of merchandise, and only apply to merchandise in perfect (as-shipped) condition and in the original, undamaged packaging. Shipping charges on returns shall be the responsibility of the customer and all returned items must be returned in “new” or “like new” condition, in undamaged original manufacturer’s packaging and crating materials when applicable and with all original product manuals and instructions. Items that have been partially or completely installed and/or assembled cannot be returned. After the product is received, inspected and verified to be in “like new” condition, a full refund will be provided on the product purchase price minus any original shipping charges and any return shipping charges and minus a 15% restocking/re-handling charge. For products sold with “Free Shipping” or “Flat Rate Shipping” the actual freight cost to originally ship the product will be deducted from your refund.
4. All claims for returns, damages or any other reason MUST BE MADE BY E-MAIL to info@skydancersintl.com. The reason for the return must be clearly stated in the e-mail. Before taking any action you must have received a response from SkyDancers International, with an RMA number. All shipments sent to SkyDancers International without an RMA (Return Merchandise Authorization) number will be refused and the associated charges will be the sole responsibility of the sender.
5. Shipping charges on returns due to no fault of the customer shall be the responsibility of SkyDancers International. All returned items must be returned in the condition in which they were received, in undamaged original manufacturer’s packaging, and crating materials when applicable, and with all original product manuals and instructions. After the product is received, inspected and verified to be in “as claimed” condition, a full refund will be provided on the product purchase.
6. If you refuse an item delivered by a commercial freight company for any reason other than externally visible damaged merchandise or a shipping error by us, the item shall be treated as a return and charges described in Section 3 above shall be applied. Any additional freight carrier charges shall be billed to you.
7. Please note that custom orders may not be returned. If such products are damaged in shipment, we will assist you with freight claims, or if a product is found to have a manufacturing defect ñ it will be repaired or replaced based on manufacturer’s warranty policies.
8. Items being returned must ALWAYS be sent via ground transportation, insured by the sender. The sender is responsible for arranging the shipping carrier and pick-up for delivery back to SkyDancers International in Los Angeles, CA., unless the return is due to no fault of the sender (for example, damaged merchandise or wrong item received) Shipping charges for items that are sent back by any means other than ground transportation (cheapest available) will be the responsibility of the sender minus the cost of the ground freight charge. This includes when the item is being returned at our expense ñ it must be sent cheapest method possible. SkyDancers International will arrange the pick up and pay the freight and insurance for items returned due to manufacturer error, damages or any other reason that is not caused by the purchaser.
When receiving your shipment it is important to do the following:
1. We use either DHL, FedEx or other freight carrier for our deliveries. In some cases (larger orders) your shipment may consist of a number of individual boxes placed on a single pallet. The pallet may need to be separated to be unloaded. Unless specifically requested, no truck lift-gate service is ordered for delivery. Please note that you may need to have at least one other person to help the driver with unloading. If you do require additional unloading help or lift-gate services from the carrier, you may contact the freight carrier directly to request such service, however any additional charges for custom unloading are to be your responsibility.
2. Count all pieces of your freight. Ensure that all pieces are accounted for.
3. Check shipment for any visible damage to containers. If the boxes are dented, crushed, scratched, punctured, or cut it is very important to mark this on the bill of lading. If there is a possibility of damage it may be necessary to open the box and mark the actual damage on the bill of lading. It is important to be specific.
4. Due to the nature of the products we sell, boxes that have been dropped may not show obvious signs of external damage. This is very unusual, but could happen. You may want to open these specific boxes before the driver leaves to ensure that the contents do not have concealed damage. The driver may refuse to allow you the time to open specific boxes – if this is the case, open the boxes as soon as possible, but not later than 3 business days after the delivery, to inspect for damage. If we need to replace a damaged item it is in your best interest to contact us immediately, so we donít sell out of this item during the time you waited to report the issue. If the item is no longer available, customer service will assist you to make alternative arrangements, or arrange a refund.
Refusing a Freight Shipment & Freight Carrier Fees
If the shipment is damaged and unusable, it may be necessary to refuse part or all of the order. Call our shipping department at (818) 341-8060 before refusing any shipment. SkyDancers International will assist in filing a freight claim for damaged freight if the carrier is our normal in-house carrier. If the carrier was chosen by the consignee then it will be the responsibility of the consignee to file such a claim.
Should a shipment arrive with damages caused by the carrier, the carrier will return the merchandise “Dead Head” at no cost to either party. Do not attempt to return any shipment back to SkyDancers International or the originating factory without prior authorization from SkyDancers International. Please review the SkyDancers International Return Policy for additional information.
Please note that any additional freight carrier’s fees such as re-delivery, special notification, storage due to lack of response to appointment requests and lift-gate services are the responsibility of the customer (unless otherwise noted on your order). SkyDancers International is only responsible (under the “Free Shipping” policy) for curbside delivery. SkyDancers International will pay the basic delivery charges to the curb, and the residential delivery charge (assessed by all carriers) only. If other services, such as in-home delivery services are requested by the customer and billed to SkyDancers International, all such fees shall then be re-billed to your credit card. If the freight carrier is unable to deliver the freight due to problems with contacting you or setting up delivery appointments, storage fees may be assessed by the carrier in such case all storage fees are the responsibility of the customer and shall be billed to your credit card.
Freight Charges, Customs Duty and Broker Fees for Canada
There will be an additional charge for shipping into Canada. Please call for a quote. The associated fees (customs duty, brokerage fees, etc.) are the sole responsibility of the purchaser. In the event that the purchaser does not pay these fees and they become billed back to SkyDancers International, then SkyDancers International is authorized to charge these fees to the purchaser’s credit card, or, if no card is available, to seek collection from the purchaser.