Policies

Limitation of Liability

You acknowledge and agree that, to the extent permissible at law, this Website and all content appearing on it are provided on an “as is” and “as available” basis, without warranties of any kind.

To the maximum extent permissible by the law, we are not liable and responsible for any loss or damage, whether direct or indirect and however caused (including through negligence) that you may suffer in connection with your use of this Website or any linked website and take no responsibility for any loss arising out of your use of or reliance on information contained on or accessed through this Website.

Privacy

Sky5 will respect your privacy at all times.

Governing law

These Terms are governed by the laws of the State of New South Wales, Australia.

Events which are out of our control

We shall not be held liable and responsible for any delay in performance of our obligations under these Terms if the delay is caused by circumstances beyond our reasonable control.

General provision

If we do not take action against you with respect to any breach by you of these Terms, this does not mean that we have waived our rights to take action with respect to subsequent or similar breaches. Furthermore, if any part of these Terms is found to be void, unlawful or unenforceable for any reason, that part will be deemed severed from the remainder of these Terms and will not affect the validity of the remaining clauses.

Subscription and Email List

From time to time, we email our account holders advance notice of sales, new collections, launches and other news. The email addresses we collect are only used internally for the purposes as stated above. We respect your privacy rights and will not sell or rent your email address to other companies. If you would like to be removed from our email list you can do so by unsubscribing at the bottom of the emails sent to you.

Sky5 understands the difficulty in inspecting a product when buying over the Internet. As we would like you to feel confident purchasing with us we are prepared to accept returns under the following circumstances.

Our Refund Policy – Change your mind?

In addition to any of your consumer rights, if you have changed your mind about your purchase, we will be pleased to offer you a refund or exchange provided that:

You can show proper evidence of purchase, namely:

• Original return/exchange receipt; and/or
• Our Proof of Purchase that is sent to you with all online purchases and Click & Collect;
• The Goods are in a saleable condition (i.e. the Goods are in their original packaging (if any) and not used);
• You notify us within 14 working days from the date of delivery of the Goods by emailing us at store@sky5.com.au; and
• You pay for all costs of delivery and return of the Goods, (our General Refund Policy).

If you are unable to provide Proof of Purchase, we may, in our absolute discretion, provide you with an exchange to the current value of the item, provided that we can verify that the item was originally purchased from us.

Our General Refund Policy does not apply to any Goods that have been purchased using a promotional code or Goods that are purchased at a discounted price. In other words, our General Refund Policy only applies to Goods purchased at the full retail price.

Our Refund Policy – Gift certificate purchases

In addition to any of your consumer rights, if you have changed your mind about your purchase, we are happy to exchange Goods that have been bought using a Gift certificate for an exchange certificate, provided that:

• that you can provide proper Proof of Purchase; and
• the Goods are in a saleable condition (i.e. the Goods are in their original packaging (if any) and not used);
• You notify us within 14 working days from the date of delivery of the Goods by emailing us at store@sky5.com.au; and
• You pay for all costs of delivery and return of the Goods, (our Gift Certificate Refund Policy).

The replacement Gift certificate would then be valid for 6 months from the date of the exchange.

If you are unable to provide Proof of Purchase, we may, in our absolute discretion, provide you with an exchange to the current value of the item, provided that we can verify that the item was originally purchased from us and the Goods are in perfect condition and have not been used.

Our Gift Certificate Refund Policy does not apply to any Goods that have been purchased using a promotional code or Goods that are purchased at a discounted price. In other words, our Gift Certificate Refund Policy only applies to Goods purchased at the full retail price.

In the unforeseen event that you receive your goods in a faulty or damaged condition, the faulty goods may be returned with a replacement arranged at no extra cost or a full refund accepted including postage and handling. We must be notified within 24 hours of receiving damaged goods if you wish to receive an exchange or refund. Please repack the damaged goods in the original packaging and we will contact you to provide further instructions.

Delivery process and times

While all effort is made to ensure that Goods purchased from our Website will be processed within 48 hours of receiving your order, we cannot guarantee processing times. We generally use third party delivery companies to delivery your order. By placing an order for Goods you agree that your details, such as name, contact numbers, delivery address, will be passed to those third parties. While we aim to get your order delivered to you within 5 – 10 working days, in the unlikely event of extended delays, we will endeavour to inform you. Any questions or follow up regarding delivery can be directed by email to store@sky5.com.au. Further, you agree that notwithstanding anything in these Terms, we are not liable with respect to any loss, damage, cost or expense you or any third party suffers as a result of a change in delivery times or delay in delivery.Where an order contains two or more Goods we cannot guarantee that they will be dispatched and delivered to you together. They may be dispatched separately and we may use different third party delivery companies for delivering them. Standard $20 Shipping method is via Fastway with a tracking number and a signature upon delivery, if you would prefer another method or something less secure please let us know as we will not take any responsibility for lost, damaged or theft of Goods once the Goods are delivered. If you ask us to leave a Good at a delivery address, we are not responsible for loss, damage or theft of Goods once the Goods are delivered to that address. Some people may also prefer to have their Goods shipped to a business address as an additional precaution.

Further, if you require Goods that you have ordered to be redirected to an address other than your original order address, we may charge you a reasonable fee for doing this.

Shipping charges

Standard $20 Shipping method is via Fastway with a tracking number and a receivers signature upon delivery, if you would prefer another method or something less secure please let us know as we will not take any responsibility for lost, damaged or theft of Goods once the Goods are delivered. Shipping charges for delivery within Australia are automatically calculated during the checkout process. Any queries relating to standard shipping within Australia can be directed to us at store@sky5.com.au.

Click & Collect

Pick up times are between 8am – 4pm weekdays
Please wait to be contacted for stock availability and cleared payment, then allow 1 hour to process your purchase before pickup.

*Please do not attempt to pick up your order until you have been contacted*

Collecting my Goods

You may elect to collect your Goods directly from our warehouse which is located at Unit 8 Harcourt Business Park, 809-821 Botany Road, Rosebery, NSW 2018, Australia. If you do so, we will not accept claims for scratches, indentations, marks, or any other visible damages once you have collected your Goods from our warehouse. Please inspect the Goods carefully upon collection. In order to arrange a collection directly from our warehouse please email us at store@sky5.com.au or call us on 1300 301 214

Pre-Orders and Back-Orders

Pre-orders are orders for Goods which are new stock which is expected to arrive in the near future. All pre-orders are paid for at the time of placing an order.

Expected delivery times on pre-ordered Goods are approximate and are subject to change. All pre-orders are non-refundable once full payment is made and you may not cancel your pre-order (subject to our Cancellation Policy above). For questions about pre-orders, contact us with your name, delivery address and contact numbers at store@sky5.com.au.

Back-orders are for Goods which are temporarily out of stock and can be placed through our Website. We will provide you with an estimated delivery date within 48 hours of ordering and will do our best to deliver your back-order within 2 – 12 weeks.

If we are unable to ship your back-order within 12 weeks, you will receive a refund within 5 working days. However, (subject to our Cancellation Policy above) you will not be able to cancel your back-order once it has been placed.

Details you provide us with

It is your responsibility to ensure that the information you provide, including your name, delivery address, contact numbers, email address and orders are correct, so please check any details carefully before submitting an order to us. You acknowledge and agree that we will not be responsible for any loss or damage that you may suffer as a result of you providing incorrect information to us including your name, delivery address, contact phone numbers or email addresses.

Hi, and welcome to sky5store.com.au.

Here you can view our products, get an insight into our business and hopefully buy some of our excellent range of quality products!

There are a few boring legal things to get out of the way first. So before using our Website, we kindly ask you to read the following terms and conditions:

This Website is operated by Sky5 Pty Ltd (ACN 616 468 261) (ABN 33 616 468 261) (hereafter referred to as we/us/our).

By accessing, viewing and using this Website, you agree to be bound by these terms and conditions (Terms).

We reserve the right to change these Terms at any time without any prior notice and you will be taken to have accepted any change by continuing to use this Website.

In these Terms:

• ‘Website’ refers to the website located at sky5store.com.au, any future URLs that we may register and links to this Website; and
• ‘Good’ or ‘Goods’ refers to any items that are displayed on our Website and that you have offered to purchase.

Buying Our Stuff

Here you can browse, select, order and purchase Goods that are displayed on this Website.

Any order placed through our Website is an offer by you to purchase each particular Good in accordance with these terms. We reserve the right to accept or reject an order you make using our Website for any reason.

Payment

All payments must be made in full prior to delivery of the Goods.

We accept Visa and MasterCard credit cards, ZipPay and if choosing click and collect Cash payments may be made (No change available). We do not accept Bank Transfers for order placed via the website.

We also reserve the right to change our mode of payment at any time.

To the extent permitted by law, we will not be held liable and responsible for any damages or consequential loss (whether direct or indirect) suffered by you as a result of any credit card fraud or unauthorised access.

We will not be held liable or responsible for any additional charges imposed by your credit card provider or bank, especially in the case where your purchase involves foreign exchange transactions.

If your payment is not received in full or is declined by your bank or credit card issuer, we will not hold the Goods against your order.

Prices, GST and taxes

All prices on our Website are listed in Australian Dollars and they include GST (where applicable).

By placing an order, you agree to pay the stated price (plus any applicable shipping and handling charges) in Australian Dollars for all orders. You agree to pay any additional charges or taxes incurred (including any custom duties) if applicable to the sale or delivery of the Goods.

We reserve the right to change the prices of our Goods at any time without notice to you.

Repairs, refunds and replacements

If the Goods are damaged or not of acceptable quality, you may have rights under:

• Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law);
• Other consumer laws applying in each Australian State or Territory; and/or
• Our Refunds Policy below.

Australian Consumer Law

If there is a minor problem with your Goods (as defined in the Australian Consumer Law) we may repair the Goods instead of offering you a replacement or a refund.

If there is a major problem with the Goods, a refund or a replacement may be available.

Unless we are required to do so under the Australian Consumer Law, you will be responsible for the costs of returning the Goods to us.

We invite you to notify us of any damaged Goods as soon as possible by emailing us at store@sky5.com.au.

Product care

If you have damaged the Goods yourself, or you have failed to take proper care of the Goods we may not be able to provide you with a repair, refund or replacement. We advise to read our care instructions on our product page for our recommendations prior to purchasing our products.

Change or Cancellation of Orders

As we process your orders immediately for prompt delivery, we regret that cancellation or change to your order may not be possible unless we receive your request by phone or email within 24 hours placing your original order. No cancellation or change of orders will be accepted once your order has been dispatched.

Out of Stock Items

Sky5 will contact you immediately in the unforeseen event that you have purchased an item that is out of stock or unavailable.

We will discuss with you your options for choosing an alternative item or where possible putting an order in for the original item. If you choose to put in an order for the original item we will give you an estimated time for filling the order.

If neither of these options suit, Sky5 will also allow you to cancel your order with a full refund given.

Pricing

Sky5 reserves the right to change prices at any time without prior notice at our discretion.

All prices include GST and are in Australian Dollars (AUD).

Prices do not include delivery – delivery charges will be applied accordingly.

Social Media

We currently operate and manage social media accounts on Facebook, Twitter and Instagram and we may use other social media channels in future.

We do not endorse the opinions expressed by the users on our social media pages.

By submitting content, you agree that we may use and reproduce this content including your name, for testimonial, or other purposes in any media and without any compensation to you. Any content you submit must be your original work.

You must not post any material that is defamatory, derogatory, racist, sexist, unlawful, obscene, infringing any third party’s intellectual property rights, breaching someone else’s confidentiality or privacy, misrepresenting your relationship with us or this Website, misleading, false or deceptive on our social media pages.

We reserve the right to edit or remove content that violates these Terms and to block your access to our page.

Intellectual property rights

All text, graphics, logos, icons, images, photographs and software that feature on this Website are protected under Australian and International copyright laws. You must not reproduce, store, adapt, distribute, display, publish, or create similar works from them.

If you upload any material or content on our Website or social media accounts, you grant us an irrevocable, royalty-free licence to use and reproduce that material or content. Having said that, we do not claim ownership of intellectual property rights in respect to user content.

Availability of this Website

From time to time, down-time on this Website, either scheduled or unscheduled, may occur. We will endeavour to work within reason to ensure the amount of down-time is limited and will not be held liable for the consequences of any down-time.

Links to third party Websites

This Website may contain links to other websites that are operated. Unless stated otherwise, this Website does not control, endorse, sponsor or approve such third party websites or their contents, nor are we liable and responsible for any loss or damage that you may suffer as a result of your visits to any third party websites.

Interference with this Website

You agree not to make or attempt to modify, hack, remove, deface, add or otherwise interfere with this Website or to any material or content posted on this Website.

Your use of this Website

You are provided with access to and are authorised to download material contained on this Website for your personal use only. You may not, without our written permission, on-sell any information obtained from this Website, use any data mining robots, other extraction tools, meta tags or mirror the Website. Further, you must take your own precautions to ensure that the process which you employ for accessing this Website does not expose your computer to the risk of viruses, malicious computer code or other forms of interference which may cause damage to your computer software. We take no responsibility for any interference or damage to your computer system that arises out of or in connection with your use of this Website.