ACCEPTANCE
You agree that clicking the 'I Accept' button before registering for a SkyShop account is valid and equivalent to I signing a hard-copy printed agreement between you and SkyShop; and (ii) signing a hard-copy printed authorization appointing Link Commerce or a third party nominated by Link Commerce to act as your true and lawful shipping agent. You may refuse the terms and conditions, but you will not be able to open an account or use the SkyShop services if you do.
ACCOUNT CREATION
To register for SkyShop services, you must provide a current, valid e-mail address, your street address, contact phone numbers, and, in some cases, a valid government-issued identification. You certify that the information you provide is correct and that you will promptly update it if anything changes. We reserve the right to cancel any unconfirmed account or account that has been inactive for an extended period of time, or if we discover that you have provided incorrect information, or if we determine that your account has been compromised or is being used fraudulently. You may only have one SkyShop account.
NO TRANSFER OF ACCOUNT
You may not transfer your SkyShop account or your account login/password to another person, and you are solely responsible for all activities that occur under your SkyShop account.
SPECIFIED COUNTRIES
You may only open a SkyShop account and use SkyShop services in the countries listed on the SkyShop websites.
SECURITY
You agree to keep your SkyShop password private, to protect it as well as your computer(s) and mobile device(s) from unauthorized access, and to log out of the website when your session is over. You are solely liable for any use of the SkyShop website and your SkyShop account made using your login and password. If you become aware of or suspect any unauthorized use of your SkyShop account, or any known or suspected security breaches, such as the disclosure or loss of your password, or the theft of your SkyShop account information, please contact us as soon as possible. We will either block or deactivate your account and depending on the circumstances of the security breach, you may be able to open a new account.
YOUR WARRANTIES AND REPRESENTATIONS
You warrant and represent that you are at least 18 years old or the legal age of majority in your country, that you have obtained all necessary permissions to enter into and perform this agreement, and that you will only use the SkyShop services for lawful purposes and in accordance with these terms and conditions.
PROTECTION OF PRIVACY; PROTECTION OF DATA
You may be able to provide us with personally identifiable information on certain areas of the SkyShop website or SkyShop services. For more information on our information collection and use practices on the SkyShop website or SkyShop services, please read our Privacy Policy.
YOUR ACCESS TO AND USE OF THE WEBSITE
You may not use the SkyShop website or services for any illegal purpose. We reserve the right to terminate or restrict your access to your SkyShop account and use of the SkyShop services if we believe that your use may violate any laws, infringe on the rights of another person, or violate the terms of this Agreement.
You may use the SkyShop website and SkyShop services solely for your personal use, including your friends and family members or for use by the business entity you represent. If you intend to resell products you receive via our SkyShop services, you agree to comply with all laws and regulations that apply to the importation of products for resale, and with any applicable restrictions on resale required by the merchant.
You may not offer for sale, resell, market, distribute, create a database from, or otherwise commercially exploit in any manner any of the content on the SkyShop website or information generated using the website.
THE TERMS 'YOU' 'YOUR' 'WE' 'OUR' AND 'SKYSHOP'.
In these terms and conditions, the terms 'you' and 'your' refer to you personally (if you are an individual) or the entity you represent (if you registered on behalf of a business entity), and the terms, 'we', 'our', and our trading name SKYSHOP' refer to Link Commerce Ltd ('Link Commerce'), and which is using the SKYSHOP name and brand as part of a license arrangement entered to with our primary shipping and transportation supplier, SKYSHOP.
SHIPPING COST CALCULATOR.
If you use our Shipping Cost Calculator to calculate the shipping rate to Nigeria, the result is exclusive of custom duties and delivery. The actual cost may differ from the estimate due to changes in currency exchange rates.
MALICIOUS CONTENT
We make reasonable efforts to keep viruses, worms, and other malicious content off these web pages, but we cannot and do not guarantee their absence. Please use caution when downloading information from the SkyShop website.
INTELLECTUAL PROPERTY
Our SkyShop websites, user interfaces, 'look and feel,' content, the Shipping Cost Calculator, and all associated and underlying software, know-how, methodologies, and processes are and will remain the sole property of SkyShop, Link Commerce, or the licensor of such rights, third-party suppliers, and associated companies, and are protected by patent, copyright, trademark, trade secret and other intellectual property laws. SkyShop grants you a nonexclusive and limited license to use the website, the data generated by the website, and all other materials made available on this website.
The SkyShop website may not be copied, reverse engineered, decompiled, or used to create derivative works.
Unless we give our prior written consent, you may not use any meta tags or other 'hidden text' that include SkyShop's name or trademark.
You may print or electronically store any or all of the web pages or screens while using the website, but only for your personal use.
Without our prior written consent, you may not scrape, frame, or display information from the SkyShop website for use in another website or service.
You may not place a hyperlink to the website on your site unless we specify otherwise and after receiving our prior written permission.
TRADEMARKS
SkyShop is a registered trademarks in Nigeria. The use of this website does not grant you the right to use the SkyShop trademark. Our license to use these trademarks is limited, and they may not be copied, downloaded, reproduced, used, modified, or distributed in any way (except as part of a copy of any of these web pages or screens, as permitted above) without our written permission. All trademarks and trade names displayed or mentioned on our website are the property of their respective owners.
OTHER WEBSITES
We are not responsible for the content or accuracy of information obtained from any third party (non-SkyShop) website, including merchants retailing items on the SkyShop website, which may be linked to or accessed from this website.
DISCLAIMER OF WARRANTY
You use the website at your own risk, and you understand that the website services are provided 'as is' and 'as available. While we make every effort to provide accurate and up-to-date information on our website, we expressly disclaim all warranties, express and implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by applicable law.
The website is not guaranteed to be up and running or error-free. We are not responsible for any inability to access, delay in accessing, or interruptions in accessing or conducting transactions to your account or conducting transactions caused by unavailable or unreliable telecommunications networks or internet service providers, incompatible or malfunctioning equipment, the software you use for such access, or other causes beyond our control.
LIMITATION OF LIABILITY
We will not be liable for any indirect, special, consequential, incidental, punitive, or exemplary damages (including, but not limited to, loss of business, loss of revenue, loss of profits, loss of goodwill, lost opportunity, business interruption, or loss of information) resulting from your use of or inability to use your SkyShop account or the SkyShop website, even if we are negligent.
NOTICES
The primary means of communication will be e-mail notices, newsletters, and/or information on the website. We will send notices and other pertinent information to the e-mail address you provide when you open or update your SKYSHOP account. Using the Contact Us page, you can send us notices or other communications.
MODIFICATION OF SKYSHOP TERMS AND CONDITIONS
We may modify these terms and conditions at any time without notice. Your continued use of your SkyShop account after the introduction of such modifications will constitute your acceptance of the modified terms and conditions.
FULFILLMENT FACILITY
OUR RECEIVING PROCEDURE
We will accept packages delivered to us by the merchant in good faith, inspect them, and then complete the documentation needed to ship such packages to you on a DDP/DAP basis, delivered with duties and taxes paid, at your designated address. We will notify you electronically or by making the track and trace information for such shipment available on our website when items are received. The ultimate delivery address must be in the same country as you are; you cannot ship packages to individuals in other countries. Payment must be made with a credit card in the currency of the country in which you are located.
LOSS OR DAMAGE OF PRODUCTS IN TRANSIT
SkyShop will replace any items that are lost or damaged in transit while shipping to you. We reserve the right to refuse delivery of such product if it is obvious from an inspection of the outside of the package that the product is damaged or incomplete. In this case, we will return the product to the merchant and notify you that there may be a delay in obtaining the item you purchased.
INSPECTION OF PACKAGES
We will open and inspect each item, or part of it, for security and safety reasons, to verify compliance with export and import laws, and to confirm the product description and other information you and the merchant supply, all without prior notice and without liability to you.
If we discover that the description of the contents of the package or other information provided is incorrect, we may refuse to ship it (you will be notified), or we may correct the information after obtaining additional information from the merchant.
PROHIBITED ITEMS
All products that are restricted or deemed prohibited for shipping to the destination country will be placed on ‘hold' by us or your designated. Furthermore, any product deemed unsafe for international transportation will be prohibited from shipment and held. After you have been notified of the 'hold' status, we will consider your request for what to do with the item. Additional fees may apply. You will have 14 days to notify us of the product's disposition request. If you do not respond within 14 days to our notification, the product may be destroyed.
Products that are not legally sold or transported (such as illegal drugs, weapons, and so on) cannot be returned to the merchant or shipped to a different address. They are subject to seizure by law enforcement authorities, who may conduct additional investigations.
It is not always easy to determine whether a particular product is shipping-restricted. In such cases, SkyShop may refer such items to the government agency in charge of export or import compliance for review.
NO MAIL ACCEPTED
Only packages and envelopes containing items purchased from us will be processed. We are not a mail forwarding service, and we do not and cannot send you documents or other mail. Any mail or packages addressed to you that do not contain items of value (other than items purchased from us) may be destroyed.
UNIDENTIFIED RECIPIENTS
We occasionally receive packages in which the appropriate recipient cannot be identified, for example, the customer's name and address may be missing or incorrectly stated. If you have ordered a product and have not received notification from SkyShop that it is being shipped to you, please contact Customer Service and describe the product you are expecting so that we can inspect unidentified packages and see if yours is among them. Any goods received at our hubs for which an owner cannot be identified (after reasonable investigative efforts have been made) will be held for 90 days. If the goods are not claimed within 90 days, SkyShop reserves the right to dispose of them in any manner permitted by applicable law.
ACCURATE CONTENTS AND VALUE DECLARATION. PAYMENT OF DUTY AND TAX
Compliance with shipping laws requires an accurate description of the contents of your package, as well as its value. You acknowledge the following in this regard:
Authorities in charge of shipping may inspect packages at any time. Packages with misleading product descriptions or under-declared valuations may be delayed by customs authorities, who may dispute and correct the declaration – in which case you may be required to pay the additional duty or other fees.
SHIPPING CHARGES
All actual international shipping and handling charges must be paid by you.
DELIVERY
SkyShop will make every reasonable effort to deliver the shipment to you on our regular schedules, but such schedules cannot be guaranteed and are not part of our agreement.
SkyShop is not responsible for any damages or losses incurred as a result of delivery delays.
Most addresses can have packages delivered directly to them (except post office boxes).
COMPLIANCE WITH LAW: NO ILLEGAL MATERIALS OR PROHIBITED GOODS
You agree to follow all applicable laws and regulations in the country from which the goods are shipped as well as the country from which the goods are received. SkyShop will not be used or attempted to be used to receive or send illegal, hazardous, or dangerous materials, prohibited goods, or controlled substances. Goods are unsuitable for shipment if any of the following conditions are met:
They are deemed Unacceptable Shipments under the terms and conditions of carriage of our preferred shipping company;
The goods are classified as hazardous material, dangerous goods, or articles prohibited or restricted by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), export control laws and regulations, import or customs regulations, or any of the foregoing.
We determine that we cannot transport an item safely or legally (such items include, but are not limited to, animals, currency, bearer-form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, pornography, and illegal narcotics/drugs); or SkyShop knows, or has reason to suspect, that the item or its shipment would violate export and import law.
COMPLIANCE WITH SHIPPING REQUIREMENTS
You will abide by all shipping laws and regulations;
We will always follow all applicable shipping laws, and we will refuse to ship any package that we know or have reason to believe is in violation of such laws.
You will not use or attempt to use SkyShop to receive: any items specially designed, modified, adapted, or configured for a military application; or any dual-use items subject to export license requirements; or any products intended for use in chemical or biological weapons, missile technology, or nuclear proliferation.
You agree to indemnify us for any costs, penalties, or fines incurred if any shipment is found to violate any of the foregoing conditions, as well as any legal costs incurred in connection with such violations or reporting violations to the appropriate authorities; and We reserve the right to terminate your account and your use of SkyShop services.
REFUNDS, RETURNS, CLAIMS LOST OR DAMAGED INTERNATIONAL SHIPMENTS
In the event that all or part of a shipment is lost or damaged, SkyShop will refund the charges for the affected item in accordance with its standard policies and procedures.
MAKING CLAIMS
Any claims for loss or damage must be submitted to SkyShop no later than 2 days from the date of delivery or expected delivery of your package, failing which we will have no liability. Claims must be submitted in writing, with scanned or faxed copies of the consignment note/air waybill and all supporting documents, photographs of damaged items, and relevant invoices and/or receipts for that item.
PRODUCT RETURNS OR EXCHANGES
Only damaged items will be accepted for return. If you wish to return a damaged item after it has been delivered to you, you must make direct arrangements by Contacting Us as soon as possible to arrange for any return, refund, or exchange of items. For product returns, you must first obtain advance authorization, and we may issue you a return authorization number. We will assist you in arranging return shipping to the merchant from your home country if you request it. You must deliver the shipment as directed, most likely at the office. When returning an international shipment to the merchant, the original customs duty and tax cannot be refunded.
GENERAL
MODIFICATION OF SKYSHOP SERVICES
We reserve the right to modify or terminate our services at any time, with or without notice, either temporarily or permanently, without incurring any liability to you, except for the completion of processing of products ordered prior to the date of termination.
TERMINATION
You may cancel this agreement and your SkyShop account at any time. We may suspend or terminate your account if you fail to comply with these terms and conditions, as stated elsewhere in these terms and conditions, and we will have no liability to you in the event of such suspension or termination.
CIRCUMSTANCES BEYOND OUR CONTROL
SkyShop is not liable for any loss or damage caused by events beyond our reasonable control. Acts of God, fires, earthquakes, hurricanes, tornados, floods, fogs, storms, and other natural disasters, plane crashes, embargoes, wars, riots, acts of terrorism, civil commotions, strikes or other industrial actions, epidemics or pandemics, power outages, disruptions in communications or other utilities, governmental actions or inactions, princely restraint, and electrical or magnetic interference damage or erasure of electronic or photographic images, data, or recordings.
INDEMNIFICATION
You agree to indemnify, defend, and hold SkyShop and its shareholders, officers, directors, affiliated companies, employees, and agents harmless from all claims, losses, damages, liabilities, and costs (including reasonable attorneys fees) incurred by SkyShop as a result of your use of the SkyShop website and SkyShop services, including but not limited to your use of the SkyShop website and SkyShop services.
ENTIRE AGREEMENT
These terms and conditions (as amended from time to time) constitute the entire agreement between us for the use of the SkyShop website, your use of your account, and the provision of SkyShop services. Any other written or oral statements have been superseded and are no longer valid.
PARTIAL INVALIDITY
If any provision of this agreement is deemed illegal, invalid, or unenforceable by a court or other body with jurisdiction, that provision will be deemed deleted without affecting any other provision or jurisdiction.
WAIVER
Failure to enforce any provision of this agreement, or failure to exercise any right at any time, will not be construed as a waiver of that provision or right
HEADINGS
Section headings are provided for convenience and are not part of this agreement.
GOVERNING LAW
This agreement is governed by the laws of Nigeria, without regard to principles of conflict of laws.