Terms of service
OVERVIEW
Welcome to Peak Resale! The terms “we”, “us” and “our” refer to Peak Resale. Peak Resale operates this store and website, including all related information, content, features, tools, digital products and services in order to provide you, the customer, with a curated digital shopping experience (the “Services”). Peak Resale 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. 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 place of residence, and that 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 digital products we offer, you may be asked to provide certain information, such as your email address and payment details. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this 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
All products offered by Peak Resale are digital products delivered electronically. We have made every effort to accurately describe our digital products and services; however, we do not warrant that the appearance, format, or functionality of any digital product will meet your expectations.
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 may limit the availability of any digital product on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase digital content. Peak Resale reserves the right to accept or decline your order at its discretion. Your order is not accepted until payment has been successfully processed and access to the digital product is granted.
Due to the nature of digital products, orders cannot be cancelled, returned, or exchanged once delivery or access has begun, except as required by applicable law. Your purchase is governed solely by our Refund Policy.
You represent and warrant that your purchases are for personal use only and not for commercial resale, redistribution, or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time your order is placed. Unless otherwise stated, prices do not include applicable taxes.
You agree to provide current, complete, and accurate purchase and account information for all transactions and to promptly update your details so that we can complete your transactions and contact you if necessary.
You represent and warrant that the payment method you provide is authorized and that you will pay all charges incurred at the prices displayed, including applicable taxes.
SECTION 5 – DELIVERY OF DIGITAL CONTENT
All products are delivered digitally. Peak Resale is not responsible for delays or failures in delivery caused by incorrect email addresses, technical issues beyond our control, or third-party service disruptions. Once digital access is provided, delivery is deemed complete.
SECTION 6 – INTELLECTUAL PROPERTY
All content, digital products, trademarks, branding, text, graphics, and materials available through the Services are owned by Peak Resale or its licensors and are protected by intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use digital products for personal, non-commercial use only. You may not copy, resell, distribute, share, or exploit any digital product without prior written permission from Peak Resale.
All rights not expressly granted are reserved.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. Use of any optional third-party tools is entirely at your own risk.
SECTION 8 – THIRD-PARTY LINKS
Our Services may include links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party sites. Accessing such sites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Peak Resale is powered by Shopify. All purchases are made directly with Peak Resale, not Shopify. Shopify bears no responsibility for transactions, products, or disputes arising from your use of our Services.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is governed by our Privacy Policy and Shopify’s Privacy Policy. By using the Services, you acknowledge that your information may be processed and stored in jurisdictions outside your own.
SECTION 11 – FEEDBACK
Any feedback you submit may be used by Peak Resale without restriction or compensation. You represent that you own all rights to the feedback you submit and that it does not violate any third-party rights.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders at any time without prior notice.
SECTION 13 – PROHIBITED USES
You agree not to misuse the Services, violate any laws, infringe intellectual property rights, transmit harmful code, or engage in conduct that may harm Peak Resale, Shopify, or other users.
SECTION 14 – TERMINATION
We may terminate or suspend your access to the Services at any time without notice. Obligations incurred prior to termination will survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all digital products are provided “as is” and “as available” without warranties of any kind. Use of the Services is at your own risk.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Peak Resale shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Services or digital products.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Peak Resale and Shopify from any claims arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Peak Resale and supersede all prior agreements.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our consent. We may assign our rights without notice.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the jurisdiction in which Peak Resale is headquartered.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We may update these Terms at any time. Continued use of the Services constitutes acceptance of the updated Terms.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Peak Resale
peakresaleinfo@gmail.com