Terms and Conditions

Last updated: September, 2020

Please read these terms and conditions carefully before using our service or purchasing a product. 

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Skyscraper Group, Cooleen Business Park, Dingle, Co. Kerry also trading as FT Sports, Cooleen Business Park, Dingle, Co. Kerry. 
  • Country refers to: Ireland
  • Service refers to the Website, customer services, sales of products, software and OEM goods.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. 
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Skyscraper Group, accessible from https://www.skyscraper.ie or FT Sports accessible at https://www.ftsports.ie
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Skyscraper.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 Euro € if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Skyscraper Group, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Skyscraper Group.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Custom Order Policy for Skyscraper Group Europe

 

Custom orders Policy: 

Skyscraper reserves the right to decline any order.

A minimum of 40% deposit is required for all orders before production starts. Once production starts this is non-refundable.

Customer designing a product: If the customer decides to design their products, they must approve the design before it is sent to Skyscraper. Skyscraper will confirm if it is the final design before production starts. Once the final design is confirmed it cannot be changed. The customer is responsible for the software used and the legality of that software. Skyscraper will not produce items with stolen logos or trademarks. Skyscraper branding may be added. Some monitors and displays may display colours differently to how it may appear in the actual product.

Skyscraper designing a product: Skyscraper offers free product design for any orders with a deposit. If you have not paid a deposit a charge may apply. A small fee of €5 may also apply if logo editing or complex designs are needed. If you choose for us to design a product, we will send you a list of questions to fill out regarding your design. We will also ask you to send logos you may have. Keep in mind Skyscraper does not allow logos or images that may infringe on copyright or that are stolen. We may send your design off to one of our partner companies or a 3rd party company to produce the design. We don't share customer data with our partners but information such as logos and designs may be shared. 

Cancellations: Customers may not cancel or modify an order after a deposit is paid. Skyscraper may cancel an order if it cannot be made to specifications or there are other supply chain issues. If this happens you will be informed via e-mail or telephone call and your payment will be refunded to your account. For security reasons we can only refund you using the method, you paid with. 

Returns: Returns cannot be made on custom orders. However, if there are any issues with the product upon arrival we will issue a refund or replacement. If there are issues after arrival and it is caused by a manufacturing defect, faulty product or other issue that is the fault of Skyscraper we will send out a replacement part, repair or replace the product subject to warranty. Any issues not caused by Skyscraper such as dropping a product or washing at an incorrect temperature will not be refunded or replaced. 

Sizes: Sizes on clothing are normally made to UK sizes unless specified otherwise. Unless specified the sizes may be slightly bigger or smaller then standard UK sizes. We will gladly make clothes to any size chart the customer provides but do not accept responsibility for different sizes if the customer did not provide this information before ordering. Sizes for bottles are normally 500ml- 600ml. 

Order lead times: The average time to make a clothing order is 2-4 weeks and all other items 3-5 weeks. An estimated delivery date is given with all orders on the invoice. We make sure all orders arrive within the time given however delays may occur due to factors outside of our control like government restrictions and delivery delays. A delivery date is not guaranteed unless specified in the final invoice. Estimated delivery dates are given from the date an invoice is issues and two days are allowed for a deposit or payment to be received. If payment is not received within two days this estimated delivery date is rendered null and void. Any changes to the order may also delay the arrival date. Sometimes we pre-book a manufacturing slot depending on the size of the order. This slot is for the 2 days that we allow payment but if payment is not received on time this slot may be lost resulting in delays. We accept no responsibility for acts of God, government or customs restrictions or global or regional events that may cause shipping delays. Orders are not made until a deposit or payment is received. 

Payment: Skyscraper accepts many methods of payment.

We accept all major credit and debit cards, Bank transfer, PayPal, Multi Banco payment (Portugal Only), Apple Pay. Android Pay, Samsung Pay, Contactless card, Cash 

We do not accept: Bitcoin, Cheque . For any payment method not mentioned above please contact us.

3rd party payment Platforms: Skyscraper uses 3rd party companies to process payments. When using PayPal, you agree to the PayPal terms and conditions listed on their website. In some cases, your bank statement or receipt may say that the payment was made to SKYSCRAPER, SKYSCRAPER GROUP, SKYSCRAPER RETAIL, SKYSCRAPER ELECTRONICS or variations of that name.

Payment terms are listed in the Proforma Invoice and if possible, on the payment platform when we send you an electronic invoice.

Payment Processing times: In some cases, your payment may take up to one week to process depending on the method chosen. Unfortunately for orders over €40, we must wait for the payment to fully process before the order can continue. Please contact us to find out the fastest payment method for you.

 Payment option availability and currency: Unfortunately, we cannot offer all the methods above in every country or region. These restrictions are often put in place by the payment processing provider. We also only accept euros as the final payment method. Currency conversion rates may apply. Contact your bank or card provider for more details.

 Skyscraper does not currently provide a finance or layaway service.

Post and packaging: When you order with us you have the option of collecting your order from Dingle Co. Kerry or you can pay an additional fee for us to ship your order across Europe. We use DPD within Ireland and FedEx for all orders outside Ireland. 

Warranty: Some Skyscraper products include a limited warranty. This warranty is subject to standard terms and conditions listed below

Warranty Conditions: The warranty period commences upon the date of purchase or delivery. Keep your original invoice as it may be required as proof of purchase. If any material or manufacturing faults occur within the stated warranty period, we will replace or repair free of charge as we deem appropriate. 

Warranty period and legal warranty rights 

The warranty period is not extended in the event of a warranty claim. This also applies to any repairs or replacement parts. Any damage or defects (DOA) should be reported to Skyscraper Group or its affiliated brands immediately when the product has been unpackaged. Any repairs required after the warranty period will be subject to charge.

Scope of warranty 

Our products are manufactured in compliance with strict quality guidelines and subjected to thorough testing before leaving the factory. Our warranty applies to material and manufacturing faults. This warranty does not cover product components which are subject to normal wear and which can therefore be regarding as wearing parts, or damage to fragile components such as switches, lids, or components made of glass. Our warranty is void if the product is damaged, incorrectly used or serviced. To ensure correct use of the product, always comply fully with all instructions contained or sent via email. All warnings and recommendations associated with our products should always be observed and complied with. The warranty is rendered void in the event of incorrect handling and misuse, if it is subjected to force and also if any person other then our authorized service providers interfere with our products. No new warranty period commences if the product is repaired or replaced. The warranty does not cover own brand products intended for commercial resale or products that are given out as marketing material. This warranty is only valid within the Republic Of Ireland only. The original purchaser stated on the invoice is the only person/company who can submit a warranty claim. This warranty does not extend to customers who have purchased an OEM item manufactured by Skyscraper and resold or given away. This warranty may not be advertised on any packaging or promotional display. False claims may result in criminal prosecution. 

Submitting warranty claims 

Please submit any warranty claims to [email protected] and we will get back to you requesting further details. 

All of the above does NOT restrict your statutory rights 

 

Contact Us

If you have any questions about these Terms and Conditions, You can contact us at [email protected]

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