Terms of Sale
Effective Date: November 20, 2020
1) Acceptance of Terms
Your purchase of Skyhawk Apparel products or services is subject to this Terms of Sale. By clicking the “ORDER NOW” button and making a purchase, you acknowledge that you have read this document and agree to be bound by its terms and the Terms of Service.
This Terms of Sale is not meant to contradict, violate or run contrary to any portion of the Terms of Service which governs your use of Skyhawk Apparel services and your use of the Skyhawk Apparel Web Site. If any portion of the Terms of Sale is found to contradict, violate or run contrary to the Terms of Service, the Terms of Service will govern and will be the binding document with regards to that portion.
The Terms of Sale is meant to provide general information regarding policies surrounding purchases from the Skyhawk Apparel Web Site. The Terms of Service is hereby incorporated by reference into this document and thus by agreeing to comply with the Terms of Sale you again agree to comply with the Terms of Service.
2) Content of Your Purchase
The primary value of the Skyhawk Apparel Website (Web Site) is the ability for users and potential purchasers (“Users”) to create t-shirts and graphics that display any content they choose. This is done by means of computer interaction alone between the Users and the Web Site.
As such, you agree that no Skyhawk Apparel employee, employer, officer, owner, agent or authorized representative is responsible for monitoring the content of the t-shirts or graphics created or uploaded by Users, neither while on the website, nor after purchase and during the production process.
You agree that t-shirts that are purchased will not be checked for content, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User’s Realm of Control through the use of the tool on the Web Site. You, as a User, have many opportunities during the purchasing process to check your purchase for layout and content and agree that you have done so.
“Realm of Control” refers to any part of a sign that is editable by the User. Including but not limited to: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
While Skyhawk Apparel does not review the content of your sign or product, you still agree to be bound by the restrictions as laid out in the Terms of Service, and should it come to the attention of Skyhawk Apparel that you have violated the Terms of Service or this Terms of Sale, you agree that Skyhawk Apparel will send you notice of cancellation and your order will be canceled. You further agree that the purchase price of your order, less any cost incurred during the processing of your order and its cancellation, will be returned by signed check through the United States Postal Service, postmarked within 30 days of your receipt of notice of cancellation.
You also agree that the content of your sign or product does not contain any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic,
indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
3) Color Matching
Skyhawk Apparel sells its products through an E-Commerce Web Site viewable by computers connected to the Internet. These computers may view Skyhawk Apparel products solely through their computer screens (“Monitors”). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform. What may look one way on one monitor, will look different on another.
Further, computer monitors display images with light and use a standard known as RGB to do so. Skyhawk Apparel produces products in a variety of ways (CMYK, PMS, and others) that do not use light.
As such, you agree that Skyhawk Apparel does not guarantee that the colors as they appear on the screen will look the same as the colors as they appear on the purchased product. Skyhawk Apparel works hard to make the colors on the screen be as true as possible to the printed colors, however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users.
You agree that you have read our website and/or researched independently and that you know what each of these materials is and what you are buying. Skyhawk Apparel only guarantees that you will receive the materials advertised on the Web Site that you purchase. You agree that Skyhawk Apparel is not responsible for products received that are made of materials thought by the purchaser to be something other than advertised on the Web Site.
As an example, you agree Skyhawk Apparel is not responsible if the cotton t-shirt received by the purchaser is not what the purchaser envisioned a cotton t-shirt would be.
You agree that all products produced and sold by Skyhawk Apparel are for novelty purposes only. Skyhawk Apparel does not make any claims about the legal compliance or registration of any products sold by Skyhawk Apparel or by a Skyhawk Apparel affiliate. You agree to check with any applicable legal authority for the standards, rules and regulations governing the types of products permitted for your particular use.
5) Uploaded Images
Skyhawk Apparel permits users to upload images onto their t-shirts and products through the Skyhawk Apparel Web Site. You agree that Skyhawk Apparel is not responsible for the quality of the images you upload. The Skyhawk Apparel Web Site attempts to make a “best guess” as to the best viewing distance of your image based on the internally stored DPI (Dots Per Inch) contained in the image file. The Web Site assumes that 100 DPI is best viewed from 3.5 feet and tries to make a best distance estimate based on that assumption.
You agree that you alone are responsible for making sure that the quality of the image you are uploading is of high enough quality to be satisfactory to you at the size you select on the sign or product that you are purchasing. Images are created and stored in a variety of ways and you agree that Skyhawk Apparel is not responsible for ensuring quality images for any image file format available on the Web Site.
6) Clip Art
Skyhawk Apparel offers a broad range of clip art available on the Web Site for use with your custom shirts and products. You agree that this clip art is for novelty purposes only and are not meant to be taken as official symbols, art or graphics. You also agree that with the exception of the Realtor(R) clip art, none of the clip art has been approved through official organizations or groups.
7) Production Time
Skyhawk Apparel works hard to ensure that orders will be produced and delivered to the customer within 10 business days of order. The date of order is the calendar date of order if the order is placed before 6:00pm Pacific Standard Time and the next business day after the calendar date of order if the order is placed between 6:00pm and 11:59pm Central Standard Time.
This means that a purchase made at 3:00pm Monday, will be delivered by Monday two weeks after the order. This production time is not guaranteed and is limited in many ways as discussed in the Shipping Policy.
You agree that Skyhawk Apparel will take at least 5 business days to produce your order and that it may take longer than 5 business days as laid out in the Shipping Policy. The Shipping Policy is hereby incorporated by reference. Moreover, you agree that our shipping time frame may depend on your response time to our inquiries regarding your order.
8) Return and Refund Policy
You agree that Skyhawk Apparel guarantees the products it sells are free from manufacturing defects and as such will be good for 90 days after purchase of the product. If the product fails or breaks due to a manufacturing defect during that time, you agree to take a photograph of the failed or broken product and send the photograph or the original failed or broken product to Skyhawk Apparel. Upon receipt of the product or the photograph, Skyhawk Apparel will send a replacement of the product or will issue a refund via the original payment method for the purchase value of the failed or broken product(s).
Skyhawk Apparel does not guarantee or warrant that its products will work for any intended purpose or in any set of conditions. You agree that the determination of whether a products failure or breakage is due to a manufacturing defect is within the sole discretion of Skyhawk Apparel. You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the product, the conditions the product was in, and any other information useful to an informed determination by Skyhawk Apparel as to the cause of the failure or breakage.
9) Changes to Your Order
Skyhawk Apparel provides many opportunities to review, revise and cancel the order process before actually placing your order. Skyhawk Apparel is able to offer its products at the present prices due to the efficiency of allowing the customer to create and modify their own products.
You agree that Skyhawk Apparel is not responsible for reviewing, revising or canceling orders, products or images once an order has been placed. A Skyhawk Apparel employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so.
You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is.
10) Dispute Resolution/Waiver of Jury Trial.
All disputes arising out of, relating to or connected with these Terms of Sale or your use of any part of the SkyhawkApparel.com Service will be exclusively resolved under confidential binding arbitration held in Broward County, Florida before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Florida law (without regard for conflicts of law principles). The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Sale will be joined to an arbitration involving any other party subject to these Terms of Sale, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator’s award will be brought in a federal or state court located in Broward County, Florida. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Florida State courts in Broward County. By agreeing that arbitration is the exclusive remedy, you are waiving your right to sue Skyhawk Media LLC in a court of law or have a jury resolve any dispute that arises out of, relates to or is connected with these TOS or your use of any part of the SkyhawkApparel.com Service. You understand that you are waiving your right to a jury trial voluntarily and knowingly, and free from duress or coercion. By entering into these Terms of Sale, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these Terms of Sale or your use of any part of the SkyhawkApparel.com Service must be asserted individually. Notwithstanding anything to the contrary in this Section, Skyhawk Apparel may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.