Website Policy

These terms and conditions should be carefully reviewed before using this website. 

These Terms and Conditions which include the Policies listed below, the Testimonial Terms and Conditions, and Customer Agreement govern your use of this Web Site (the “website”) and any order or purchase you (the individual agreeing to these Terms and Conditions and the entity on whose behalf the individual agrees to these Terms and Conditions, “you”) make on this website operated by PEAK Professional Formulas™ (“PEAK” or “we”). 

These Terms and Conditions constitute a legal agreement between you and PEAK; by using this website and/or proceeding to place an order, you agree to be bound by these Terms and Conditions whether or not you have read them. If you do not agree to these Terms and Conditions, you must cease use of this website. Please print a copy of these Terms and Conditions for your records. If you are an individual accessing this website and/or placing an order on this website on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms and Conditions. These Terms and Conditions include the following PEAK policies that Health Care Professionals agree to comply with:

Geographic Scope

This website is intended for use by users in Canada as well as internationally.

Order Process

All advertisements on this website are invitations to purchase and not offers to sell. PEAK reserves the right, at its sole discretion, to accept or reject your order once your order has been completed and submitted to PEAK.

While it is PEAK’s practice to confirm orders by email to the email address associated with your order, this email is a confirmation that your order has been received by PEAK but does not constitute acceptance of your order. PEAK reserves the right at any time after receipt of your order to accept or decline your order for any reason and PEAK will contact you at the email address provided in the order form of its decision to accept or reject your order. In the event that PEAK rejects the order, PEAK will have no obligation to fulfill your order and you will have no obligation to pay PEAK for the order. PEAK reserves the right, without prior notice, to limit the order quantity on any order. PEAK also may require verification of information prior to the acceptance and/or shipment of any order.

You agree to pay PEAK the amount set out as the “TOTAL PAID” in your order summary (the “Fee”). The Fee is quoted in Canadian dollars and includes shipping and handling and all applicable taxes which you are responsible for paying.

You will receive an e-mail with further instructions if we require updated payment or account information to process your order.

Availability

The purchase of products on this website is subject to availability. In the event that PEAK advises you that such products are no longer available, PEAK will have no obligation to fulfill your order and you will have no obligation to pay PEAK for the order. If you have already paid for the order, your only remedy is to receive a refund of the amount paid by you to PEAK for the order.

Method of Payment

All payments for orders shall be made using credit cards or debit cards. You authorize PEAK (and PEAK’s designated payment processor) to charge the applicable card for the Fee and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and PEAK will have no obligation to fulfill your order.

You also agree to the terms and conditions of the Customer Agreement.

You also authorize PEAK (and PEAK’s designated payment processor) to collect and store your credit card or debit card number, along with other related transaction information for use in connection with your current order and future purchases made through your account.

PEAK may obtain a pre-approval from the issuer of the card for an amount up to the amount of the Fee. PEAK will bill your credit or debit card at the time of purchase or shortly after. If you cancel a transaction before completing it, that pre-approval may result in your funds not otherwise being immediately available.

Shipping

Same Day Shipping: Products in stock on orders placed prior to 12:00 PM (Pacific Time) on a business day generally ship the same day. Orders placed after 12:00 PM (Pacific Time) may ship the following business day. 

Transit Time: Shipping, delivery, and package movement only occurs on business days. This applies to all orders, including those where Express/Next Day shipping is requested. We do not ship to P.O. Boxes. Business days exclude Saturdays, Sundays and statutory holidays observed by PEAK.

Returns

You agree to the terms and conditions applicable to returns set out in the PEAK Return Policy.

Your Account and Password

When you are setting up your account and/or making a purchase, you must provide PEAK accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, and in no event can you set up an account using a fraudulent name or fraudulent contact information. You are completely responsible for your account and everything that happens on your account. If you become aware of unauthorized use of your account, you must notify PEAK immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by PEAK (or anyone else) due to the unauthorized use of your account.

Privacy

For information on how PEAK collects, uses and protects the personal information you may provide on this website, read PEAK’s Privacy Policy. Please print a copy for your records.

Compliance with Laws/Requirements

It is your responsibility to comply with all applicable local, provincial, and federal laws and requirements in regard to your use of this website and your purchase of products on this website and any resale thereof. This includes ensuring that you comply with any conflict of interest or code of ethics rules or other policies or requirements governing your practice or profession, including complying with any disclosure requirements.

Disclaimer of Express and Implied Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, PEAK AND ITS AFFILIATES HEREBY DISCLAIM ALL LEGAL, EXPRESS, AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AND CONDITIONS OF MERCHANT-ABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL PEAK AND ITS AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT,TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES BASED ON LOSS OF PROFITS OR BUSINESS OPPORTUNITY), EVEN IF PEAK OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law & Jurisdiction

These Terms and Conditions and any disputes arising under or related to these Terms and Conditions will be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without reference to any conflicts of law principles that would result in the application of the laws of another jurisdiction. The parties irrevocably attorn to the jurisdictions of the courts of British Columbia in respect of all disputes, proceedings or actions relating to these Terms and Conditions. The parties hereby expressly agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time.

Severability, Waiver and Assignment

If any provision of these Terms and Conditions are found to be illegal, invalid or unenforceable for any reason, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the legality, validity and enforceability of any remaining provisions. No failure on the part of PEAK to enforce any part of these Terms and Conditions shall constitute a waiver of any of PEAK’s rights under these Terms and Conditions. All waivers by PEAK must be in writing and signed. You may not assign these Terms and Conditions and/or your order or assign any rights or delegate any obligations hereunder and thereunder, in whole or in part, without the prior written consent of PEAK. Any such purported assignment or delegation by you without the prior written consent of PEAK will be null and void and of no force and effect. PEAK may assign these Terms and Conditions or any rights hereunder without your consent and without notice.

Changes to the Terms of Use

PEAK may at any time modify these Terms of Use.

If you have an account on this website, PEAK will provide you notice of such modification via email or mail to the email address or the mailing address associated with your account. Your use of this website following such notice shall be deemed to be acceptance of such modified Terms of Use. If you do not agree to any such modifications, you must immediately contact PEAK to cancel your account and cease using this website. For users of this website that have not set up an account, PEAK will make available the updated Terms of Use on this website. Your access or use of this website following such posting will be deemed to be acceptance of such modified Terms of Use. If you do not agree to any such modifications, you must immediately cease accessing and using this website. You acknowledge and agree that it is your responsibility to review the Terms of Use each time you access this website.

Termination

PEAK may at any time terminate your right to access this website without notice to you. Provisions of these Terms of Use relating to Geographic Scope; Reliance on Information; Purchases on this Website; Changes to this Website; Age of Majority; Accounts; Links; Intellectual Property (provided that your license will terminate upon termination); Disclaimers of Warranties; Limitation of Liability; Indemnity; Applicable Law and Jurisdiction; Severability; Waiver and Assignment; Termination; Language; and Entire Agreement will survive the termination of your right to use this website.

Language

It is the express wish of the parties that these Terms of Use and all related documents are drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.

Entire Agreement

These Terms of Use and the Testimonial Terms and Conditions constitute the entire agreement between you and PEAK with respect to your use of this website and will supersede all previous agreements, understandings and representations relating thereto.

How to Contact PEAK Professional Formulas

We are available via email at support@peakpf.com or by phone at (236) 888-8141.

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