Terms of service

Overview

This website is operated by Peak Lapel. Throughout the site, the terms “we”, “us” and “our” refer to Peak Lapel. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and policies referenced herein. These Terms apply to all users of the site, including browsers, customers, and contributors of content. Please read these Terms carefully before using our website. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

1. Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction. A breach or violation of any of these Terms will result in an immediate termination of your Services.

2. 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 and changes to conform and adapt to technical requirements of connecting networks or devices. 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 Service without express written permission by us.

3. Products and Made-to-Measure Orders

Certain products are available exclusively online through the website. These products may have limited quantities and are subject to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

Made-to-measure and made-to-order garments are produced individually to the measurements and specifications you provide at the time of purchase. Because these garments are made specifically for you, they are treated differently from stock items under our Refund Policy. You are responsible for the accuracy of the measurements and specifications you submit. Production lead times are estimates and are not guaranteed.

4. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address or phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information so that we can complete your transactions and contact you as needed.

5. Third-Party Links and Tools

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and we do not warrant and will not have any liability for any third-party materials or websites. Please review carefully the third party’s policies and practices before you engage in any transaction.

6. User Submissions

If you send us certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans or other materials (“comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.

You agree that your comments will not violate any right of any third party, and will not contain unlawful, abusive, or obscene material. You are solely responsible for any comments you make and their accuracy.

7. Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

8. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

9. Prohibited Uses

In addition to other prohibitions set forth in the Terms of Service, 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 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; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

10. 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. 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.

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.

In no case shall Peak Lapel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of any of the Service or any products procured using the Service. Where jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend and hold harmless Peak Lapel 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

12. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

13. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

14. Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

15. Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, United States.

16. 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 following the posting of any changes constitutes acceptance of those changes.