Skypro Online Shop: Terms & Conditions | wearskypro
Welcome to WEARSKYPRO.COM.
WEARSKYPRO.COM provides access to WEARSKYPRO.COM Website (the "Website") and selling you our products according to the conditions set out on this page. WEARSKYPRO.COM is a trade name for ABOTOA SA., a Portuguese company.
Please read these conditions carefully before using the WEARSKYPRO.COM Website. By using the WEARSKYPRO.COM Website, you state your agreement to be bound by these conditions. In addition, when you use any current or future WEARSKYPRO.COM service, you will also be subject to the terms, guidelines and conditions applicable to that service ("Terms"). If these Conditions of Use & Sale are inconsistent with such Terms, Terms will control.
- Conditions Relating to Your Use of WEARSKYPRO.COM
- Conditions Relating to the Sale of Products to You
- Conditions Relating to Both Your Use of WEARSKYPRO.COM and Sales to You
- Notice and Procedure for Making Claims of Infringement
- Notice and Procedure for Notifying WEARSKYPRO.COM of Defamatory Content
- Your Account
When using the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, in order to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure, and should inform us immediately if you have any reasons to believe that your password has become known to others, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information provided when registering. You can access and update much of the information you provided us with in the My Account area of the Website.
WEARSKYPRO.COM reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Please review our Privacy Notice, which also governs your visit to WEARSKYPRO.COM, to understand our practices.
- Express Checkout
After purchasing a product from us for the first time, we will automatically activate the Express Checkout option for you to make use of. Express Checkout ordering is the fastest and easiest way to order safely and securely products from WEARSKYPRO.COM.
- Access to WEARSKYPRO.COM
We will do our utmost to ensure that the Website’s availability will be uninterrupted and that transmissions will be error-free. However, due to the dynamics of the Internet, this cannot be guaranteed. In addition, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
- Licence for Web site access
WEARSKYPRO.COM grants you a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of WEARSKYPRO.COM. This licence does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This Website, or any portion of it, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited, for any commercial purpose, without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WEARSKYPRO.COM without express written consent. You may not use any meta tags or any other "hidden text" utilising WEARSKYPRO.COM's trademarks without the express written consent of WEARSKYPRO.COM. Any unauthorised use terminates the permission or license granted by WEARSKYPRO.COM.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of WEARSKYPRO.COM as long as the link does not portray WEARSKYPRO.COM, its affiliates, their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any of WEARSKYPRO.COM’s logos or other proprietary graphic or trademark as part of the link without our express written consent.
- Your conduct
You must not use this Website in any way that causes, or may cause, interruption, damage to the website or impairment of the availability or accessibility of WEARSKYPRO.COM or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, as you must understand that you, and not WEARSKYPRO.COM, are responsible for all electronic communications and content sent from your computer to us, thus using it for lawful purposes only.
You must not use the Website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
- to cause annoyance, inconvenience or needless anxiety
- Reviews, comments, communications and other content
Users of this Website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. WEARSKYPRO.COM reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you grant:
- WEARSKYPRO.COM non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- WEARSKYPRO.COM and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose to do so.
You agree that the above-mentioned rights are irrevocable during the entire period of protection of your intellectual property rights, associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to WEARSKYPRO.COM, including the execution of deeds and documents, at the request of WEARSKYPRO.COM.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that at the time that the content or material is submitted to WEARSKYPRO.COM: (i) the content and material is accurate; (ii) the use of the content and material you supply does not breach any applicable WEARSKYPRO.COM's policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify WEARSKYPRO.COM and its affiliates for all claims brought by a third party against WEARSKYPRO.COM arising out of, or in connection with, a breach of any of these warranties. To the extent permitted by law, WEARSKYPRO.COM takes no responsibility and assumes no liability for any content posted by you or any third party.
- Defamation claims
Because WEARSKYPRO.COM lists so many products for sale on its Website and hosts comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, WEARSKYPRO.COM operates on a "notice and takedown" basis. If you believe that any content on the Website contains a defamatory statement, please notify us immediately by following our Notice and Procedure for Notifying WEARSKYPRO.COM of Defamatory Content. Once this procedure has been followed, WEARSKYPRO.COM will make all reasonable endeavours to remove the faulted defamatory content within a reasonable time.
- Copyright, authors' rights and database rights
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of WEARSKYPRO.COM, or its content suppliers and is protected by international copyright, authors' rights and database right laws. The compilation of all content on this Website is the exclusive property of WEARSKYPRO.COM and is protected by international copyright and database right laws. All software used on this Website is the property of WEARSKYPRO.COM or of our software suppliers and is protected by international copyright and authors' rights laws.
You may not systematically extract and/or re-utilise parts of the Website’s contents without WEARSKYPRO.COM's express written consent. Above all, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (either once or several times) for the re-utilisation of any substantial parts of this Website, without WEARSKYPRO.COM's express written consent. Additionally, you may not create and/or publish your own database that features substantial parts of this Website (e.g. our prices and product listings) without WEARSKYPRO.COM's express written consent.
- Intellectual Property Claims
WEARSKYPRO.COM respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Infringement.
WEARSKYPRO.COM, SKYPRO.com and the SKYPRO Logo and other marks indicated on our Website are trademarks or registered trademarks of ABOTOA, SA. WEARSKYPRO.COM's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of ABOTOA, SA. ABOTOA's trademarks and trade dress may not be used in connection with any product or service that is not ABOTOA's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ABOTOA.
- Our contract
When you place an order to purchase a product from WEARSKYPRO.COM, we will send you an e-mail confirming receipt of your order and containing its details. Your order represents an offer to purchase a product from us, which is accepted when we send you an e-mail confirmation that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send you the Dispatch Confirmation E-mail. Any products on the same order, which were not confirmed to have been dispatched in a Dispatch Confirmation E-mail, do not form part of that contract.
SKYPRO products are covered by a 365-day warranty against defects in materials and workmanship. Our 365-day warranty covers all SKYPRO products from the invoice date.
Please review our Returns Policy, which applies to products purchased from us. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail and in the Returns Policy.
- Pricing and availability
We list availability information for products sold by us on the Website, as well as on each product information page. We cannot be more specific about availability beyond what we say on that page or elsewhere on the Website. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products on you order turn out to be unavailable.
Concerning items sold by WEARSKYPRO.COM, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the dispatch process. Despite our efforts, a small number of the products in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
All prices are VAT inclusive unless stated otherwise.
When ordering goods from WEARSKYPRO.COM for International delivery you may be subject to import duties and taxes, which are levied once the package reaches its specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict their total cost. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from WEARSKYPRO.COM, you are, to all effects, the importer of record and must comply with the laws and regulations of the country where the goods are delivered to. We value your privacy and understand that you may be concerned about how information regarding your order is used and shared. For that matter, we would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
WEARSKYPRO.COM does not sell products to be purchased by children. If you are under 18, you may only use WEARSKYPRO.COM with the consent and participation of a parent or guardian.
- Electronic communications
When you visit WEARSKYPRO.COM or send us e-mails, you are communicating with us electronically. We’ll interact with you by e-mail or by posting notices on the Website. For contractual purposes, you acquiesce to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications provided by us to you in this manner satisfy any legal requirement as long as those communications be in writing. This condition does not affect your statutory rights.
WEARSKYPRO.COM will be responsible for any losses you suffer as a result of us breaching these conditions, if these losses were reasonably foreseeable to the both of us when you first you started using the Website, or when a contract for the sale of goods by us to you was established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that wasn’t reasonably foreseeable to the both of us when you began using the Website or when a contract for the sale of goods by us to you was formed. WEARSKYPRO.COM does not limit in any way our liability by law for the death or personal injury caused from our negligence or breach of duty or by our gross negligence or wilful misconduct.
- Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in effect at the time you use the Website or when you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and take action in any other situation where you breach these conditions.
- Governing law and jurisdiction
These conditions are governed by and construed in accordance with the Portuguese laws, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the district of Lisbon City.
WEARSKYPRO.COM is the trade name for ABOTOA, SA, and this Website is owned and operated by ABOTOA, SA.
Rua de Fundões, 151
3700-121 São João da Madeira
WEARSKYPRO.COM is the trade name for Abotoa, SA. We will put all our efforts to answer promptly to the owners of intellectual property rights who complete and submit the Notice Form below, wishing to convey their concerns of any alleged infringement.
Upon receiving a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant WEARSKYPRO.COM the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world, in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify WEARSKYPRO.COM for all claims brought by a third party against WEARSKYPRO.COM arising out of or in connection with the submission of a Notice Form.
Important Warning: giving false, misleading or inaccurate information in the Notice Form to WEARSKYPRO.COM may result in civil liability. You should contact a solicitor should you have any questions.
WEARSKYPRO.COM Notice Form:
If you believe that your intellectual property is being violated by an item or information on the WEARSKYPRO.COM site, you may fill out the Notice Form below, using the corresponding numbered paragraphs to frame your communication. This signed form can be sent via PDF or Fax to:
Email PDF: info@WEARSKYPRO.COM
Subject Line: ABOTOA SA
FAX: +351 214183562
(We will accept a signed PDF via email with the subject line "SKYPRO Claim of Infringement" or Fax, unless by prior agreement we have both agreed to an alternative receipt mechanism).
Please fill out the Notice Form using the corresponding numbered paragraphs to frame your communication:
WEARSKYPRO.COM Notice Form
Re:www.WEARSKYPRO.COM (trade name for ABOTOA, SA) I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:
- Contact information: Your and/or your company's name, address, telephone number and contact email address;
- Listing's Item Number and Allegation of Infringed Right:
(a) The listing's Item number or detailed description of where the information that you claim is infringing your rights is located on the site.
(b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent) by the information of/for this Item number.
- Include the following statement: "I act in good faith when I say that I strongly believe that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use of it/them otherwise permissible under law."
- Include the following statement: "I assert, under penalty of perjury, that the information in this notification is true and correct and that I am the intellectual property owner or one authorised to act on behalf of the intellectual property owner for the rights described above."
- Sign the Notice Form.
If you believe that any content on, or advertised for sale on, the Website contains a defamatory statement, please notify us immediately by copying the Notice to WEARSKYPRO.COM of Defamatory Content below into your word processor program, completing it in accordance with the instructions laid out in the Notice Form and send a signed printed copy to: Defamation Notices, WEARSKYPRO.COM Legal Department, Rua Aníbal Bettencourt, 15 Escritório A, 2790-225 Carnaxide Portugal. Please note that this procedure is exclusively for notifying WEARSKYPRO.COM of Defamatory content, or advertised for sale, on the WEARSKYPRO.COM Website. Please provide your address, telephone number and e-mail address when sending us the Notice.
Important Warning: giving false, misleading or inaccurate information in the Notice to WEARSKYPRO.COM of Defamatory Content may result in civil and criminal liability.
Notice to WEARSKYPRO.COM of Defamatory Content
In the matter of www.wearskypro.com
S T A T E M E N T
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
- I refer to the Website www.wearskypro.com ("the Website"). I make this statement in support of my giving WEARSKYPRO.COM notice that, via the Website, it is causing or contributing to the publication of a defamatory statement.
- The defamatory words appear on the Website at [please cut and paste the address of the relevant Web page from the Web site where the defamatory words appear].
- The words that I consider to be defamatory are [please repeat the exact words you are complaining about].
- These words are defamatory because [please state why you consider the words to be defamatory].
- The defamatory words are untrue because [please explain why the words you complain of are untrue and what you believe the truth to be].
- I understand that this statement may be used in any court proceedings that may arise out of, or relating, to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.