Terms & Conditions
Please read these terms and conditions (“Terms”) carefully. The Terms govern the use of this site and apply to all purchases made from this site. By:
- Using this site; and/or
- Placing orders or submitting purchase orders from this site, you accept these Terms and conditions as binding.
We may refuse or not accept any order without giving reasons, at any time. Any money already received will be refunded. Orders placed by you are irrevocable. Receipt of any order confirmation does not signify our acceptance of your order, nor create any binding purchase contract. We may at any time after receipt of your order accept or decline your order for any reason or make part delivery of any multiple item orders.
This site is a seller to final end user customers in Australia only. Goods are not to be purchased for resale in any form.
We are not liable for any loss or damage caused by this website or any website linked to or from this website, or for any failure to accept any order or to deliver any product ordered or for late delivery of any product (other than to refund any purchase price paid to us for products not delivered).
Products ordered from this site will ONLY be delivered to Australia street addresses. Stated delivery times are estimates only. We are not responsible for incorrectly entered delivery addresses. See our Shipping Policy for more information.
Please note that some orders may incur a duty or customs charge. Peak are unable to advise this at the time of purchase.
All related duties and customs charges are to be paid by the customer.
Other than as specifically identified in an applicable warranty card in relation to any particular products, we make no express warranties or representations as to any product. To the maximum extent possible at law, our liability under any implied warranties is limited to repair or replacement of products sold (at our option), or if this cannot be effected, refund of the purchase price.
Customer satisfaction is our priority. We will accept the return of any products provided you follow the procedure set out in our Returns Policy. Returns (other than for identified faults) must be in as new condition with tags attached and not damaged, marked or used.
Prices are subject to change without notice. All credit cards are charged in Australia Dollars and may be subject to bank fees.
Intellectual property rights in all materials appearing on this site, including logos, graphics, icons, and images, text and site design and layout, are the sole property of Peak Pty Ltd or related entities. All software used on the site is the sole property of Peak Pty Ltd or the software supplier. You may use the content of this site only for shopping on this site or placing an order on this site and for no other purpose. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws.
We’re only human and typos happen. In the event a product is listed at an incorrect price or with incorrect information, we may refuse or cancel any orders placed for that product, whether or not the order has been confirmed and your credit card charged. This clause is for clarification only and is not in limitation of our general rights to refuse to accept orders.
This site may contain links to other third party sites on the Internet. We are not responsible for the operation of or content located on or through any such site.
We reserve the right to amend this site and these Terms at any time, without notice, in which case the amended Terms will apply for all orders placed after the change has been made.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the ONLINE SERVICE CENTRE (OSC) registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Peak of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Peak cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
You agree to indemnify and hold Peak and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the ONLINE SERVICE CENTRE, your use of the ONLINE SERVICE CENTRE, your connection to the ONLINE SERVICE CENTRE, your violation of the Terms & Conditions, or your violation of any rights of another.
MODIFICATIONS TO ONLINE SERVICE CENTRE
Peak reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ONLINE SERVICE CENTRE (or any part thereof) with or without notice. You agree that Peak shall not be liable to you or to any third party for any modification, suspension or discontinuance of the ONLINE SERVICE CENTRE.
You agree that Peak may, under certain circumstances and without prior notice, immediately terminate your Peak account and access to the ONLINE SERVICE CENTRE. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the ONLINE SERVICE CENTRE (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the ONLINE SERVICE CENTRE. Termination of your Peak account includes (a) removal of access to all offerings within the ONLINE SERVICE CENTRE, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the ONLINE SERVICE CENTRE. Further, you agree that all terminations for cause shall be made in Peak’s sole discretion and that Peak shall not be liable to you or any third party for any termination of your account or access to the ONLINE SERVICE CENTRE.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
- Your use of the ONLINE SERVICE CENTRE is at your sole risk. The ONLINE SERVICE CENTRE is provided on an “as is” and “as available” basis. Peak and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Peak and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the ONLINE SERVICE CENTRE will meet your requirements; (ii) the ONLINE SERVICE CENTRE will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the ONLINE SERVICE CENTRE will be accurate or reliable; (iv) the quality of any products, ONLINE SERVICE CENTRE, information or other material purchased or obtained by you through the ONLINE SERVICE CENTRE will meet your expectations; and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the ONLINE SERVICE CENTRE is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from Peak or through or from the ONLINE SERVICE CENTRE shall create any warranty not expressly stated in the Terms & Conditions.