Terms and Conditions

TERMS AND CONDITIONS

These Terms and Conditions govern the use of www.peakinglife.com.au (the “Site”). This Site is owned and operated by Brett and Asher Peake. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to always abide by them at all times. 

Intellectual Property

All content published and made available on our Site is the property of Peaking Life and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. 

Sale of Goods

These Terms and Conditions govern the sale of goods available on our Site.

The following goods are available on our Site:

· Merchandise

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk. 

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments

We accept the following payment methods on our Site:

· Credit Card; and

· PayPal

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction. 

Shipping and Delivery. 

When you purchase goods from our Site, the goods will be delivered via Standard Delivery by post. Delivery takes approximately 5 – 10 business days. 

Delivery will take place as soon as reasonably possible. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not includes weekends and public holidays. 

You will be required to pay delivery charges in addition to the price for the goods you purchase. 

If you purchase goods from us for delivery to a destinated outside Australia, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them. 

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with an inaccurate or incomplete information. 

Refunds

Refunds for Goods.

Refund requests must be made within 30 days after receipt of your goods.

We accept refund requests for goods sold on our Site for the following reason.

· Product is damaged

Returns

Returns can be made by mail. To return a good by mail, follow the following procedure:

Pack your goods and return using the address provided. Go you your nearest post office and pay the necessary postage.

Consumer Protection Law

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded in these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Links to Other Websites

Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the Terms and Conditions and Privacy Policies of these third-party websites before using these sites.

Limitation of Liability.

Asher Peake, Brett Peake, and our employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity.

Except where prohibited by law, by using this Site you indemnify and hold harmless Asher Peake, Brett Peake, and our employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal feed arising out of your use of our Site or your violation of these Terms and Conditions. 

Applicable Law.

These Terms and Conditions are governed by the laws of the State of Western Australia. 

Severability.

If at any time of the provisions set forth in these Terms and Conditions are found to be inconsistent with or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be valid. 

Changes.

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to these Terms and Conditions or post a notice on our Site.

Contact Details.

Please contact us if you have any questions or concerns. Our contact details are as follows:

Asher Peake

Peakinglife.au@gmail.com

Effective Date: Seventeenth day of October, 2022.