PEAK CONDITIONS OF USE
Peak and/or its affiliates (“Peak”) provide website features and other products and services to you when you visit or shop at https://www.peakneedles.com/, or related or affiliated websites owned by Peak (the “Services”). Peak provides these Services subject to the following conditions.
By using the Services, you agree to these conditions. Please read them carefully before using the Peak website. If you do not agree to these conditions, please do not use the website.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use, Peak grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Peak. No Services, nor any part of any Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Peak. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Peak without express written consent. You may not use any meta tags or any other "hidden text" utilizing Peak' name or trademarks (including PEAK) without the express written consent of Peak. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by Peak terminates if you do not comply with these Conditions of Use, or violate the rights of Peak or those of any third party. We reserve the right to change any information, features and functions of the Peak websites without prior notice.
When you use Peak’ website or Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, or by text on https://www.peakneedles.com/, or related or affiliated websites owned by Peak. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge that Peak may send you emails for promotional and/or informational purposes. By accepting these terms and conditions you consent to receiving such emails. You may opt out from receiving promotional and/or informational emails at any time.
All content included in or made available through any Services, such as text, graphics, photos, logos, button icons, images, audio clips, digital downloads, data compilations, are protected by United States and International copyright laws. No portion of the information provided through Peak’ Services may be copied or reproduced in any form, or by any means without prior written permission from Peak. Users or visitors are not permitted to modify, distribute, publish, transmit, copy or create derivative works of any material found on https://www.peakneedles.com/, or related or affiliated websites owned by Peak, or any Peak publication (including emails) for any public, private or commercial purpose.
Peak respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report to our Copyright Agent at firstname.lastname@example.org and be sure to include the following information:
COMPLIANCE & EXPORT CONTROL
User or visitor access to https://www.peakneedles.com/ and related or affiliated websites owned by Peak is governed by all applicable federal, state and local laws. All information available on https://www.peakneedles.com/ and related or affiliated websites owned by Peak is subject to U.S. export control laws and may also by subject to the laws of the country where you reside.
You can better manage your shopping experience at Peak by creating an account at https://www.peakneedles.com/. If you choose to create an account, you must be at least twelve (12) years old. By creating an account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You should immediately notify Peak of any unauthorized use of your password or username, or of any other breach or threatened breach of security.
RISK OF LOSS
All items purchased from https://www.peakneedles.com/, or from Peak’ sales/distribution agents, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
PRODUCT DESCRIPTIONS & VARIATIONS
Peak attempts to be as accurate as possible. However, Peak does not warrant that product descriptions or other content of any Peak Services is accurate, complete, reliable, current, or error-free. If a product offered by Peak itself is not as described, your sole remedy is to return it in unused condition. You understand that there might be some variation in products sold by Peak, particularly those that are handmade and/or specialty items. Furthermore, you are responsible for ordering the products in the correct size for your particular needs, and your sole remedy for improperly sized items is to return it in unused condition.
Except where noted otherwise, the prices displayed for Peak products on https://www.peakneedles.com/ represent the full suggested retail price listed on the product itself. Peak cannot confirm the price of an item until you place your order on our website. Despite our best efforts, a small number of the items on our website may be mispriced. If the correct price of an item sold by Peak is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Your credit card will be charged at the time your order is placed. Peak is not responsible for pricing of orders placed through third party distributors or resellers, and your only remedy is to contact the third party to resolve any pricing disputes.
RISKS INHERENT IN BODY PIERCING / TATTOOING
There are risks inherent with body piercing and tattooing, which can include potential serious injuries. The risks of such injuries are reduced, but not eliminated, by using professionally trained and experienced body piercing and tattooing technicians. Peak shall not be held responsible for injuries caused by misuse of our products, or for injuries resulting from technician errors during the piercing or tattooing process. Purchasers of Peak’ products shall assume all risks inherent with the use and resale of these products.
Peak’ products are sold in new, unused condition. SMALL PARTS MAY BE A CHOKING HAZARD; KEEP AWAY FROM SMALL CHILDREN.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Purchasers of Peak’ products agree to hold Peak harmless for any damages or injuries which may occur from purchaser’s use or resale of these products, and indemnify Peak for any damages, fees and/or costs which may be associated with any damages or injuries resulting from purchaser’s use or resale of these products, to the extent allowed by applicable law.
THE PEAK SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HTTPS://WWW.PEAKNEEDLES.COM/, AND ANY OTHER AFFILIATED WEBSITES OWNED BY PEAK ARE PROVIDED BY PEAK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PEAK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PEAK SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HTTPS://WWW.PEAKNEEDLES.COM/, AND ANY OTHER AFFILIATED WEBSITES OWNED BY PEAK, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PEAK SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PEAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEAK DOES NOT WARRANT THAT THE PEAK SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH HTTPS://WWW.PEAKNEEDLES.COM/, OR PEAK SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PEAK, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PEAK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PEAK SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PEAK SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Peak Services, or to any products sold or distributed by Peak, or through https://www.peakneedles.com/, affiliated websites owned by Peak, shall be submitted to confidential arbitration in Howard County, MD, except that, to the extent you have in any manner violated or threatened to violate Peak’ intellectual property rights, Peak may seek injunctive or other appropriate relief in any state or federal court in the State of Maryland, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator`s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class or consolidated arbitration proceedings or otherwise.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Peak, at the address listed below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org.
By using any Peak Services, including by visiting https://www.peakneedles.com/ and affiliated websites owned by Peak, you agree that the laws of the state of Maryland, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Peak or its affiliates.
MODIFICATION & SEVERABILITY
We reserve the right to make changes to our site, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
At Peak, we are committed to serving the needs of our customers. Your satisfaction is extremely important to us. In the event you believe a return is warranted, please carefully review the below outlined information, and contact our Customer Service Department at at email@example.com, so that we may promptly address your needs.
30-Day Return Period: We stand by our products. You may return unused, unopened products purchased from https://www.peakneedles.com/, or a Peak authorized reseller or distributor, at any time within 30 days of purchase, for any reason, for a full refund. Please contact our Customer Service department to arrange returns.
Peak warrants only to the original purchaser of any Peak manufactured and branded product purchased at https://www.peakneedles.com/, or a Peak authorized reseller or distributor, that such product will be free from defects in material and workmanship under normal use and service for 60 days after date of purchase. This warranty does not cover any defects or costs caused by: 1) modification, alteration, repair or service of this product by any persons or company other than Peak; 2) physical abuse to, or misuse of the product or operation thereof in a manner inconsistent with the use indicated in the instructions; 3) any use of the product other than by Peak for service. Any express warranty not provided herein, and any remedy which other than the warranty contained herein that might arise by inference or operation of law, is hereby excluded and disclaimed including the implied warranties of merchantability and of the fitness for a particular purpose.
After 30 days, products cannot be returned for a refund. Replacement or repair of product, therefore, is your exclusive remedy under this warranty. Please contact our Customer Service Department at firstname.lastname@example.org to arrange returns.
This limited warranty does not cover items manufactured by third parties and sold at https://www.peakneedles.com/. Manufacturer information appears on the item page. We recommend that you contact lease third party manufacturers to determine the warranty terms for a particular product, prior to purchase.
SHIPPING & PRODUCTION TIMES
Peak products are available to U.S. customers with U.S. shipping addresses with delivery supplied by the United States Postal Service (USPS), FedEx or UPS, and to customers outside of the United States in most countries with a valid shipping address with delivery supplied by USPS, FedEx, UPS, or DHL. New orders are typically packed within 3 business days of ordering and are delivered within the time frame specified during checkout based upon the shipping option selected. These time frames are merely a guide and we offer no guarantee unless otherwise posted. Once your order has been shipped, you will receive an email confirmation with an order tracking number and information on how to track your package. For more information about shipping, please contact our Customer Service Department at email@example.com.