OVERVIEW
Welcome to Peak Essence. The terms “we”, “us” and “our” refer to Peak Essence. Peak Essence operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Peak Essence is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all rights necessary to provide such information. You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately display our products and services. However, product appearance may vary depending on your device settings and display.
We do not warrant that the appearance or quality of any product or service purchased will meet your expectations or be identical to images displayed online.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities offered on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you make an offer to purchase. Peak Essence reserves the right to accept or decline any order at our discretion. An order is not accepted until payment has been received and confirmed. Please review your order carefully before submitting, as cancellations may not be possible after acceptance. If we cancel or modify an order, we will attempt to notify you using the contact details provided. You represent that purchases are for personal or household use only and not for resale or export.
SECTION 4 – PRICES AND BILLING
Prices, promotions, and discounts are subject to change without notice. Prices shown do not include taxes, shipping, customs, or import duties unless otherwise stated.
You agree to provide accurate and up-to-date billing and payment information and authorize us to charge your selected payment method for all applicable charges.
SECTION 5 – SHIPPING AND DELIVERY
All delivery times are estimates and not guaranteed. Peak Essence is not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Risk of loss passes to you upon transfer of products to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
All content on the Services, including trademarks, text, images, graphics, videos, and design elements, is owned by Peak Essence or its licensors and is protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial use only. Unauthorized use is strictly prohibited. All rights not expressly granted are reserved by Peak Essence.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties. We are not liable for any issues arising from your use of optional third-party tools.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to third-party websites. We are not responsible for their content, accuracy, or practices. Accessing third-party sites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Peak Essence is powered by Shopify. However, all sales are made directly between you and Peak Essence. Shopify is not responsible for any aspect of transactions conducted through our store, and you release Shopify from any related claims.
SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is governed by our Privacy Policy [LINK] and Shopify’s Privacy Policy. By using the Services, you acknowledge and agree to these policies.
SECTION 11 – FEEDBACK
Any feedback you submit grants Peak Essence a perpetual, worldwide, royalty-free license to use, reproduce, and distribute such content for any purpose. You represent that you own or have rights to all feedback submitted.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to cancel orders if information is inaccurate at any time without notice.
SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful, abusive, misleading, or harmful activities, or in violation of any applicable laws. We reserve the right to terminate access for violations.
SECTION 14 – TERMINATION
We may terminate or suspend access to the Services at any time without notice. Obligations incurred prior to termination remain enforceable.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and products are provided “as is” and “as available,” without warranties of any kind, express or implied, to the fullest extent permitted by law.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Peak Essence and its affiliates shall not be liable for any indirect, incidental, or consequential damages arising from use of the Services or products.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Peak Essence, Shopify, and affiliates from claims arising out of your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision is deemed unenforceable, the remaining provisions shall remain in full force.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Peak Essence and supersede prior agreements.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our written consent. We may assign our rights without notice.
SECTION 21 – GOVERNING LAW
These Terms shall be governed by the laws of the jurisdiction in which Peak Essence is headquartered, without regard to conflict of law principles.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS OF SERVICE
We reserve the right to update these Terms at any time. Continued use of the Services after changes are posted constitutes acceptance.