Terms of service

Terms of Service

Last updated: 07/05/2024

Welcome to Peak Performance Footwear!

These Terms of Service ("Terms") govern your use of our website and services (collectively, "Services") provided by Peak Performance Footwear ("we", "us", "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. General Conditions

  • We reserve the right to refuse service to anyone for any reason at any time.
  • You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks.
  • Credit card information is always encrypted during transfer over networks.
  • You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without express written permission by us.

2. Account Terms

  • You must be at least 18 years old to use our Services.
  • You must provide accurate and complete information when creating an account.
  • You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

3. Products and Services

  • Certain products or services may be available exclusively online through the website.
  • We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction.
  • We reserve the right to discontinue any product at any time.

4. Pricing and Payment

  • Prices for our products are subject to change without notice.
  • We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

5. Shipping and Delivery

  • All orders are subject to product availability. If an item is not in stock at the time you place your order, we will notify you and refund you the total amount of your order, using the original method of payment.
  • We are not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer.

6. Returns and Refunds

  • All sales are final. We do not accept returns or exchanges unless the item you purchased is defective. If you receive a defective item, please contact us at [Your Contact Information] with details of the product and the defect.
  • No returns will be accepted for items that have been worn or used.
  • Upon receipt of the returned product, we will fully examine it and notify you via email, within a reasonable period, whether you are entitled to a replacement as a result of the defect. We reserve the right to refuse returns from customers attempting to take advantage of our return policy with worn or damaged items.

7. Accuracy of Information

  • We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

8. Prohibited Uses

  • In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content:
    • For any unlawful purpose.
    • To solicit others to perform or participate in any unlawful acts.
    • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
    • To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
    • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
    • To submit false or misleading information.
    • To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet.
    • To collect or track the personal information of others.
    • To spam, phish, pharm, pretext, spider, crawl, or scrape.
    • For any obscene or immoral purpose.
    • To interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.

9. Disclaimer of Warranties; Limitation of Liability

  • We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
  • We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  • You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
  • You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

10. Indemnification

  • You agree to indemnify, defend, and hold harmless Peak Performance Footwear and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

11. Governing Law

  • These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the USA.

12. Changes to Terms of Service

  • You can review the most current version of the Terms of Service at any time on this page.
  • We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

If you have any questions about these Terms, please contact us at vailrunning@gmail.com