Peak+Flow Terms and Conditions
Last Updated: 30th January 2019
These terms and conditions apply to the use of the peakandflow.com website (“Site”). By placing an order with us, you are agreeing to accept these terms and conditions (“Terms”).
Please note, these Terms are subject to change at any time and without notice, and it is your responsibility to check these Terms regularly before ordering products in case there are any changes. If you do not agree with the Terms set out below, you should not use or access this website. Your use of our website constitutes your agreement to follow and be bound by these Terms.
If you have any queries relating to the Terms, please contact our team before placing an order at firstname.lastname@example.org.
Welcome to the Peak+Flow website located at www.peakandflow.com operated by Peak and Flow Limited (“Peak+Flow”, “we”, “our”, “us”). These Terms will apply between you and Peak+Flow when you use our Site.
The Terms do not affect the rights you may have under any relevant statutory law.
Your contract for purchases made through the Site is with Peak+Flow. You represent and agree that all goods ordered by you are for your own private and domestic use only and are not for resale.
You must be eighteen years old or older to use this site. If you are under eighteen, you may only use this Site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this Site.
If you choose to access this site then you are responsible for compliance with local laws if and to the extent that local laws are applicable.
Placing an order
To place an order on the Site:
- Find the product(s) you want on the Site
- Select the size and colour you require and press ‘Add to Bag’
- Once you’ve added all of the items you require to your bag, select ‘Checkout’
- You will be asked to input your shipping & billing details
- Review your order to ensure all items & details are correct
- Press ‘Place Order’
- You will then receive an order confirmation via email to the email address provided at the time of ordering
When placing an order, you agree that any and all information given is accurate and complete.
All orders are subject to acceptance by us and product availability.
For business purposes, each item requested counts as an individual order. Wherever possible, we will attempt to combine multiple orders in one shipment and on one invoice. Due to business requirements, however, orders may be shipped over several days in multiple packages.
Merchandise available for sale changes on a frequent basis. We reserve the right to make changes in our merchandise without notice. Availability information for products is listed on each individual product description. Some of our products may be available only in limited quantities, so we cannot guarantee that a product displayed on a previous visit to our website may still be available when you visit again. If Peak+Flow does not have stock to deliver the goods you have ordered, we will not charge your credit or debit card until the items are back in stock and ready to be shipped.
We take great care to ensure that all information about our products, including prices, is up-to-date, accurate and reliable. However, there may be occasions when information contained on our site may contain incomplete data, typographical errors, inaccuracies as to merchandise size, price, colour or other matters, or an item that is no longer in stock. We do not warrant that the information accessible via this Site is accurate, complete or current. Any errors are unintentional and we apologise if any information on the site is inaccurate. We reserve the right to correct errors and to update product information at any time, including after you have placed your order. We reserve the right to change prices of any product at any time.
The prices displayed on the Checkout are quoted in British currency. Prices are subject to change at any time. Relevant sales taxes, if any, shall be applied at checkout.
No contract for the sale of any product will exist between you and Peak+Flow until we accept your order by shipping the product to you. The price of any item is not guaranteed until the item has been shipped to you. When this happens, we will confirm our acceptance of your order by sending you an email. If the price of a product you have ordered should change prior to shipment, you will be notified by email that your order has not been accepted by us and will not ship. You may re-order the item at the adjusted price if you wish.
This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost and usual delivery times. You must check that all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
If we are unable to fulfil your order for whatever reason, an email will be sent to the address you supplied when you placed the order explaining the issue.
You warrant that all details you provide to Peak+Flow for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
You agree that email can be used as a means of communication, notification and billing between us. Please be advised that we will never ask for personal details or information via email. If you receive an email asking for your personal information, username or password, or payment information, please do not respond and contact our customer care team immediately.
During the registration process, you have the option to choose a username and password. You are responsible for all actions taken under that username and password and must only purchase from the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password. If there are any changes to the details supplied by you, it is your responsibility to inform us as soon as possible.
You warrant that you will not use a false name or a known invalid credit card to order. Anyone caught deliberately entering an incorrect or fictitious order, or using a known invalid credit card will be prosecuted to the fullest extent of the law. Peak and Flow Ltd reserves the right to end our agreement with you and to suspend or terminate your access to the Site immediately and without notice to you if:
- you fail to make payment to us when due;
- you breach any of these Terms;
- when requested by us to do so, you fail to provide within a reasonable time, enough information to enable us to check the accuracy and validity of any information supplied by you, or your identity; or
- we suspect you have engaged, or are about to engage, or are connected to or otherwise have way of being involved in fraudulent or illegal activity on the Site
The product prices displayed on the website are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered.
Peak+Flow accepts most major credit/debit cards. We also accept payment via PayPal and Amazon.
All credit and debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery. We will not debit your card until your items are ready for dispatch. In the event that the items you have ordered are out of stock, your order will be cancelled and you will be refunded immediately.
Shipping and Delivery
All orders made on the Peak+Flow website are dispatched from the UK. We aim to get all orders out on the same day; however, due to volumes this is not always possible. Tracking numbers, if applicable, are included in dispatch confirmation emails.
The stated delivery period within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
Countries outside of the European Union may be subject to additional duties to be paid.
If you are a recipient outside the European Union, you are liable for all import duties, customs and local sales taxes levied by the country you reside in; payment of these is necessary to release your order from customs on arrival.
The final value of your order does not include any additional duties required. The carrier, prior to delivery, will inform you of the additional duties.
If you refuse to pay the duties to release your order, the order will subsequently be returned back to the Peak+Flow warehouse and refunded. A shipping & handling fee may be deducted from your refund.
By law, Peak+Flow is required to state the correct amount paid for any outgoing international package. Any requests to change this information will be denied.
Returns/Exchanges Policy & Cancellation Rights
If you find that any product you have ordered is unsuitable, don't worry, we have a flexible returns policy and are very happy to help you choose something else.
We are happy to offer free UK returns on any full price and sale items returned to us in perfect condition, within 60 days of receipt of order, with proof of purchase. The items must be unworn, unwashed, and undamaged. Due to the complexity and costs of shipping internationally, we are not able to provide free return shipping outside of the UK.
Faulty items may be returned at any time. Please note, we are unable to refund postage paid unless the fault is with us.
If the items you wish to return have been delivered in separate parcels please return them to us in one parcel with the corresponding return sections. By doing this we will be able to process your refund faster.
Please return items to:
Peak and Flow
2A Charing Cross Road
United Kingdom, WC2H 0HF
Items received that are not in perfect condition, or are not deemed faulty, will be returned to you, at your cost. Money will only be refunded once we have received the item.
Please note that our gift vouchers cannot be returned or redeemed for cash.
Once a gift card has been issued, the card becomes that customers’ property.
Gift cards cannot be used in the purchase of another gift card.
Gift cards have a validity of 24 months, and don’t need to be spent all at once.
Only one discount code can be used per order.
Peak+Flow reserves the right to refuse or cancel the use of a discount code without any further discussion. Usage of discount codes are subject to stock availability.
A discount code cannot be used after an order has been placed.
We do not accept liability (except as set out below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product that was advertised at an incorrect price. In the event that you order an item and the price published on the Site is incorrect for any reason, we will email you to inform you that we have not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the subject product. You may re-order it if you wish. If you have already paid for the goods in the circumstances described in this clause, we shall refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.
In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question provided that you notify us of the problem in writing at the address stated in the confirmation email within 10 working days of delivery of the goods plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
We have taken great care to provide accurate product images for each product for sale on the site. However, the colours we use, as well as the display and colour capabilities of your particular computer monitor, will affect the colours you actually see on the screen. We are not responsible for the limitations of your monitor and cannot guarantee that your monitor's display of any colour, texture or detail of merchandise will be accurate. If you are not satisfied with your purchase for any reason, you may simply return the product following the provisions set out in these Conditions.
The products sold on the Site are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the site or for any products or services purchased from Peak+Flow.
We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful material or represents the full functionality, accuracy, or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. If your use of the website or the site's material results in any costs or expenses, including without limitation, the need for services or replacement of equipment or data, we shall not be liable for those costs or expenses.
This website and its material are provided on as "as is" basis without warranties of any kind. To the fullest extent provided by law, we disclaim warranties, whether express or implied, including those of merchantability, non-infringement of third parties' rights, and of fitness for particular purpose. We make no warranties about the accuracy, reliability, completeness or timeliness of the site's material, services, software, test, graphics and links. This does not affect your statutory rights as a consumer, nor does it affect your right to cancel an order or return or exchange a product as provided herein.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- Any loss of goodwill or reputation; or
- Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Site Contents Ownership
This Site is expressly owned and operated by Peak+Flow. Unless otherwise noted, the design and content featured on this website, including illustrations, clothing and other product details, icons, navigational buttons, images, artwork, graphics, photography, text, audio and video clips or content, software and the like, are owned by Peak+Flow. This website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.
All content is Copyright Peak+Flow and/or its licensors; and Peak+Flow is a registered trade mark. All rights reserved. You may not reproduce catalogue content for any purpose without the prior written permission of Peak+Flow.
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, enquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. You hereby grant Peak+Flow a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing Peak+Flow products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, emailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Deletion of User Content
If you wish to delete your user content on our website or in connection with our mobile applications, please contact us by email at email@example.com and include the following information in your deletion request: first name, user name/screen name (if applicable), email address associated with our website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
Third Party Information
We are not responsible for material displayed on third party websites or any other written material. The only prices that apply for Peak+Flow products are those stated on the Site. We cannot vouch for the reliability of prices stated by any other third party. This Site may contain links to sites owned and operated by third parties. These links are provided as a convenience to you and are not an endorsement by us of the products or materials on those sites. We are not responsible for the content of those sites and make no representation regarding the truth, quality or accuracy of same. Visiting the linked sites is at your own risk.
These Conditions are effective unless and until terminated by either party. If, in our sole discretion, we determine that you have failed to abide by any of these Terms, we may terminate your access to our website, upon which termination, you must destroy all materials downloaded or obtained from the site and copies of those materials, whether made under the terms of these Terms or otherwise.
No waiver by us of any of these Terms on any single or multiple occasion(s) shall be construed as a waiver of any preceding or subsequent breach of any of the Terms.
Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or another of these Terms is held to be inapplicable or unenforceable in certain circumstances.
These Terms shall be governed by and construed in accordance with the laws of England and by using this website you irrevocably submit to the exclusive jurisdiction of the courts of England.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
Peak and Flow Limited
2A Charing Cross Road
United Kingdom, WC2H 0HF
Company Number: 10166270
VAT Number: GB282136216