REFUND POLICY
This Returns and Exchanges Policy applies to all purchases made through the website SkyGamerz.us, the Sky Gamerz mobile applications, and any other website or application that directs you to this Returns and Exchanges Policy (collectively, the “Site”). All Sky Gamerz purchases may only be returned to stores within the original country of purchase. Please contact your local store for any store-specific return policy information or visit.
Online purchases made through the Site are valid for exchange, credit, or refund within 10 days from the ship date. Your packing slip provides a postmark date that specifies the last day you have to return your merchandise by mail or to one of our stores.
All returned or exchanged items must be unwashed, unworn, and undamaged, with all tags attached. Non-clothing items must be in its original packaging. All returned items must be accompanied by the Packing Slip and customs documents (if applicable).
Food items, sale merchandise, clearance items, and gift cards/e-gift cards are all final sale items and cannot be returned or exchanged, unless required by law.
Non-Sky Gamerz Branded items and “Online Exclusive” items purchased online cannot be returned in-stores.
Refunds will be issued in the original form of payment. Please allow 2-3 weeks from the return ship date for your account to be credited, and 1-2 billing cycles for the credit to appear on your statement. If you made your purchase using a gift card, e-gift card, or store credit, refunds will be issued to the original card that was used. The refund amount will include only the amount paid by you after any discount or reward credit was applied to the returned item(s) and it will not include any shipping charge paid by you unless you are returning a damaged, defective, or the wrong item was sent to you.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SKY GAMERZ WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Except if you opt-out or for disputes relating to your or Sky Gamerz’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) (“Excluded Disputes”), you agree that all disputes between you and Sky Gamerz (whether or not such dispute involves a third party) with regard to your relationship with Sky Gamerz, including without limitation disputes related to this Returns and Exchanges Policy, your use of the Site, purchase of products, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Sky Gamerz hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and as long as such matter is only pending in that court. You may bring claims only on your own behalf. Neither you nor Sky Gamerz will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Sky Gamerz is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Sky Gamerz or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Returns and Exchanges Policy, or the website Terms of Use.
YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE. If you do so, neither you nor Sky Gamerz can require the other to participate in an arbitration proceeding. To opt out, you must notify Sky Gamerz in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Sky Gamerz
ATTN: Arbitration Opt-out (Legal Department)
P.O. Box 311850
Atlanta, Georgia 31131
You must include your name and residence address, the email address you use for your Sky Gamerz account (if any), and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Sky Gamerz.
For any action at law or in equity relating to the arbitration provision of this Returns and Exchanges Policy, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Sky Gamerz exclusively in a state or federal court located in Atlanta, Georgia, and to submit to the personal jurisdiction of the courts located in Fulton County for the purpose of litigating all such disputes.
If any provision of these Returns and Exchanges Policy is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from this Returns and Exchanges Policy and will not affect the validity and enforceability of any remaining provisions. Sky Gamerz’s failure to insist upon or enforce strict performance of any provision of this Returns and Exchanges Policy will not be construed as a waiver of any provision or right. No waiver of any of this Returns and Exchanges Policy will be deemed a further or continuing waiver of such term or condition or any other term or condition. Sky Gamerz reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Sky Gamerz.