Terms of service

 

TERMS OF SERVICE

OVERVIEW

Welcome to Peak Motion. Throughout these Terms of Service, the words "we," "our," and "us" refer to Peak Motion. We operate this website, online store, and all associated content, tools, features, products, and services (collectively referred to as the "Services") to provide customers with an enhanced shopping experience. Our store is hosted and supported by Shopify, which provides the platform that enables us to offer these Services.

These Terms of Service, together with any policies or documents referenced within them (collectively, the "Terms"), explain the rights and obligations that apply when you access or use our Services.

Please review these Terms carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.

By accessing, browsing, interacting with, or using our Services, you agree to comply with these Terms and our Privacy Policy [LINK]. If you do not agree with these Terms or our Privacy Policy, you should discontinue use of the Services immediately.

SECTION 1 – ACCOUNT ACCESS AND ELIGIBILITY

By accepting these Terms, you confirm that you have reached the legal age of majority in your state, province, or country of residence. If you permit minors under your supervision to use the Services through devices you own or control, you accept responsibility for their use.

To access certain features of the Services, including making purchases, you may be required to provide information such as your email address, billing details, payment information, and shipping address. You agree that all information submitted is accurate, current, complete, and provided with the necessary authority.

You are responsible for safeguarding your account credentials and for all activities conducted through your account. Accounts may not be sold, assigned, transferred, or licensed to another individual or entity.

SECTION 2 – PRODUCTS AND SERVICES

We strive to display our products and services as accurately as possible. However, actual colors, dimensions, or appearances may vary depending on your device, display settings, and screen configuration.

We do not guarantee that products or services purchased will appear exactly as displayed on our website or fully meet your personal expectations.

Product descriptions, specifications, and availability may be modified at any time without prior notice. We also reserve the right to discontinue products or limit quantities available for purchase based on customer, location, or other factors.

SECTION 3 – ORDER ACCEPTANCE

Submitting an order constitutes an offer to purchase a product or service. We reserve the right to accept, reject, modify, or cancel any order at our sole discretion.

An order is not considered accepted until payment has been successfully processed and we have confirmed acceptance. Please carefully review your order before finalizing it, as cancellation requests may not be accommodated once an order has been approved.

If we reject, modify, or cancel an order, we may attempt to notify you using the contact information provided during checkout.

Returns and exchanges are governed exclusively by our Refund Policy [LINK].

You confirm that purchases are intended for personal or household use and not for resale, distribution, or export purposes.

SECTION 4 – PRICING AND PAYMENT

All prices, discounts, and promotional offers may be changed at any time without notice.

The applicable purchase price will be the amount displayed at the time your order is placed and reflected in your order confirmation. Unless otherwise specified, listed prices exclude taxes, shipping costs, handling fees, customs duties, and import charges.

Prices available online may differ from those offered through physical stores or third-party retailers. Promotional offers may have separate terms and conditions that supersede these Terms where conflicts arise.

You agree to provide accurate, complete, and up-to-date billing and payment information and to promptly update any changes to your account details.

By placing an order, you represent that:

  • The payment information supplied is accurate.

  • You are authorized to use the payment method provided.

  • Charges will be honored by your financial institution.

  • You will pay all applicable charges, including taxes and shipping fees.

SECTION 5 – SHIPPING AND DELIVERY

Delivery dates are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping providers, customs authorities, weather conditions, or other circumstances beyond our control.

Ownership and risk of loss transfer to you once products are handed over to the shipping carrier.

SECTION 6 – INTELLECTUAL PROPERTY RIGHTS

All content and materials available through the Services—including trademarks, logos, text, graphics, images, videos, audio, reviews, designs, and software—are owned by Peak Motion, its affiliates, licensors, or partners and are protected by applicable intellectual property laws.

The Services are provided solely for personal, non-commercial use. Without our prior written permission, you may not reproduce, distribute, modify, publish, transmit, store, display, or create derivative works from any content available through the Services.

Nothing contained within these Terms grants any license or ownership rights to our intellectual property or that of Shopify or third parties.

All trademarks, logos, product names, and service marks displayed through the Services remain the property of their respective owners.

SECTION 7 – OPTIONAL THIRD-PARTY TOOLS

We may provide access to tools, software, or features operated by third parties. These tools are made available on an "as is" and "as available" basis without warranties, endorsements, or guarantees.

We do not monitor or control such tools and assume no responsibility for their operation or performance.

Your use of third-party tools is entirely at your own risk, and you should review the applicable terms provided by the relevant third-party provider.

Any future tools, resources, or features introduced as part of the Services will also be governed by these Terms.

SECTION 8 – THIRD-PARTY WEBSITES

The Services may include links, integrations, or references to third-party websites and content.

We do not review, endorse, or assume responsibility for third-party websites or materials. Accessing such websites is done at your own risk.

We are not liable for any losses, damages, purchases, or transactions arising from your interactions with third-party websites or services.

Any concerns relating to third-party products or services should be directed to the relevant provider.

SECTION 9 – SHOPIFY'S ROLE

Peak Motion utilizes Shopify's platform to operate and provide the Services.

However, all purchases are made directly between you and Peak Motion. Shopify is not a party to any sales transaction between you and us and bears no responsibility for products purchased through our store.

By using our Services, you release Shopify and its affiliates from any claims, losses, liabilities, or damages related to transactions conducted with Peak Motion.

SECTION 10 – PRIVACY

The collection and use of personal information through our Services are governed by our Privacy Policy [LINK] and, where applicable, Shopify's Privacy Policy.

Because our store operates on Shopify's infrastructure, Shopify may collect and process certain information related to your use of the Services to support and improve functionality.

By using the Services, you acknowledge that you have reviewed and understood these privacy policies.

SECTION 11 – CUSTOMER FEEDBACK

Any suggestions, reviews, comments, ideas, proposals, recommendations, or other submissions ("Feedback") provided by you may be used by us without restriction.

By submitting Feedback, you grant Peak Motion a perpetual, worldwide, royalty-free, transferable, and sublicensable license to use, modify, reproduce, publish, distribute, and display such Feedback for any lawful purpose.

You represent that you own or have the necessary rights to submit such Feedback and that it complies with applicable laws and these Terms.

We reserve the right, but are not obligated, to remove or modify Feedback that we consider inappropriate, unlawful, misleading, or offensive.

SECTION 12 – TYPOGRAPHICAL ERRORS AND INACCURACIES

Occasionally, information on the Services may contain errors, omissions, or inaccuracies relating to pricing, descriptions, availability, shipping charges, or promotions.

We reserve the right to correct such information and to cancel or modify orders affected by inaccuracies without prior notice.

SECTION 13 – ACCEPTABLE USE

The Services may only be used for lawful purposes.

You agree not to use the Services to:

  • Violate any law or regulation.

  • Infringe intellectual property rights.

  • Harass, threaten, abuse, or discriminate against others.

  • Provide false or misleading information.

  • Distribute spam, malware, or unauthorized advertising.

  • Impersonate another person or organization.

  • Engage in activities that may harm users, Peak Motion, Shopify, or the Services.

You also agree not to interfere with security features, scrape data, deploy unauthorized automated systems, or otherwise attempt to gain unauthorized access to the Services.

Violations may result in suspension or termination of access without notice.

SECTION 14 – AGENT ACCESS

If automated software, AI systems, bots, or similar technologies ("Agents") access or interact with the Services, they must clearly identify themselves and comply with all applicable requirements established by us.

We reserve the right to restrict, monitor, or block Agent access at any time.

Agents may not conceal their automated nature, bypass security measures, or circumvent access controls.

SECTION 15 – TERMINATION

We may suspend or terminate your access to the Services at any time and for any reason without prior notice.

Termination does not affect obligations accrued prior to termination.

Any provisions that reasonably should survive termination—including intellectual property rights, liability limitations, indemnification obligations, and governing law provisions—will remain in effect.

SECTION 16 – DISCLAIMER OF WARRANTIES

All Services, products, and information are provided on an "as is" and "as available" basis.

To the maximum extent permitted by law, Peak Motion disclaims all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee uninterrupted, secure, or error-free operation of the Services.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Peak Motion, its affiliates, partners, employees, agents, contractors, licensors, service providers, and Shopify shall not be liable for any indirect, incidental, punitive, special, consequential, or similar damages.

This limitation includes, but is not limited to, loss of profits, revenue, business opportunities, data, savings, or replacement costs arising from your use of the Services or purchased products.

SECTION 18 – INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Peak Motion, Shopify, and their affiliates, officers, directors, employees, contractors, and partners from any claims, damages, losses, liabilities, and expenses arising from:

  1. Your violation of these Terms.

  2. Your violation of applicable laws.

  3. Your infringement of third-party rights.

  4. Your use of the Services.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found invalid, unlawful, or unenforceable, that provision shall be modified or removed to the extent necessary while the remaining provisions remain fully enforceable.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

These Terms, together with all referenced policies, represent the complete agreement between you and Peak Motion regarding the Services and replace any previous agreements or understandings.

SECTION 21 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our written consent.

We may freely assign, transfer, or delegate our rights and obligations under these Terms without notice.

SECTION 22 – GOVERNING LAW

These Terms shall be governed by and interpreted in accordance with the laws applicable in the jurisdiction where Peak Motion maintains its principal place of business.

You agree to submit to the exclusive jurisdiction of the courts located in that jurisdiction.

SECTION 23 – HEADINGS

Section headings are included solely for convenience and do not affect the interpretation of these Terms.

SECTION 24 – MODIFICATIONS TO THESE TERMS

We reserve the right to revise or update these Terms at any time.

Any changes will be posted on this page and, where required by law, communicated to you through appropriate notice.

Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

SECTION 25 – CONTACT DETAILS

For questions regarding these Terms of Service, please contact us at:

Email: lauraerfieldsutt@gmail.com

Business Information:

[INSERT TRADING NAME]

[INSERT BUSINESS ADDRESS]

[INSERT BUSINESS PHONE NUMBER]

[INSERT BUSINESS REGISTRATION NUMBER]

[INSERT VAT NUMBER]