Terms and Conditions of Website Use
These terms and conditions regulate the Agreement between "you" the customer and Peak Organics
Welcome to Peak Organics a Web Touch Solutions Ltd Brand.
This page tells you the terms on which you may use our website https://www.peakorganics.co.uk, whether as registered user or guest. Please read carefully before use.
By using the site, you accept the terms and agree to obey them. If you don't accept them, please do not use the site.
2.Who We Are
https://www.peakorganics.co.uk is operated by Web Touch Solutions Ltd trading as Peak Organics, a UK Limited company registered in England under company number 04688301.
Some important details about us:
Our registered / trading office is at: 715 Ormskirk Road, Wigan, WN5 8AQ.
Our regulator is: The ICO
Our VAT Number is: Show on all invoices / Quotes.
3.Use of the Site
You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
You agree to follow our acceptable use policy.
This means you can view our website, print a personal copy for yourself but you are not permitted to reproduce any part of the site for commercial use.
If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them.
Only use the site as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.
We frequently update the site and make changes to it, but we don't have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.
By using the site, you agree to us handling this information and confirm that data you provide is accurate.
If you order goods or services from us through the site, your order will take place under our Terms and Conditions of Supply.
If you browse our website, review a product, make contact with our company or place an order you agree to being over the age of 18. If we suspect that you are under age we reserve the right to cancel your order without exception. If this happens a refund will be provided unless proof of age can be supplied in the form of a drivers license and / or passport verification.
4.Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.
If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.
5.Our Legal Responsibility to You
We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:
Any loss to you arising from use of our site.
Loss of income, profit, business, data, contracts, goodwill or savings.
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
If you contact other users of our site or upload material to it, you must follow our acceptable use policy, which sets out standards for usage. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.
Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
We won't be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if we think it doesn't follow our acceptable use policy.
We reserve the right to cancel your order at any point up to the time of shipping. In the event this happens a full refund shall be given.
If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
You mustn't try to get access to our site or server or any connected database or make any 'attack' on the site. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.
8.Links to Our Site
You are allowed to make a legal link to our website's homepage from your website if the content on your site meets the standards of our acceptable use policy. We can end this permission at any time.
You mustn't suggest any endorsement by us or association with us unless we agree in writing.
9.Links From Our Site
Links from our site to other sites are only for information. We don't accept responsibility for other sites or any loss you suffer from using them.
We change these terms from time to time and you must check them for changes because they are binding on you.
[Peak Organics] is our Registered trademark.
12.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
12.2 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
12.3 If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to appoint a mediator under the standard Mediation Procedures.
12.4 Within 14 days of the appointment of the mediator the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
12.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.
12.6 If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.
12.7 If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration by an arbitrator.
12.8 Any dispute shall not affect the Parties' ongoing obligations under the Agreement.
12.9 The English courts have the only right to hear claims related to our site, and all disputes are governed by English law.
Please email us at [email protected] to contact us about any issues.
14. Important information
By placing an order with Peak Organics™ you are offering to purchase the goods detailed within that order, which Peak Organics™ may or may not accept at their sole discretion.
You agree that all details you provide for the purpose of ordering or purchasing goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the costs of the products you are purchasing.
To ensure that your credit, debit or charge card is not being used without your consent, we may carry out checks and contact you to validate your name, address and other personal information, supplied by you during or after the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
If for any reason your credit card details are incorrect or there is not enough money in your account or for any other reason the order cannot be processed, Peak Organics™ will have right to rescind and upon their election to do so, the order will be cancelled.
16. Our contract with you.
When you place an order to purchase a product from us, you will be sent an e-mail from The peakorganics.co.uk website on our behalf confirming receipt of your order and setting out the exact details of your order.
We attempt to ensure that the information available on the web site at any one time is accurate. However, Peak Organics™ assumes no duty to update such information and cannot guarantee that it will be fault-free.
Peak Organics™ does not accept liability (except as set out below) for any errors and omissions in the presentation of goods on the web site and reserves the right to change information, specifications and descriptions of listed goods and products at any time. Peak Organics™ will, however, do its best to correct any errors and omissions as quickly as practicable after being notified of them.
Peak Organics™ does not make any warranty that the web site is free from infection by viruses or anything else that has contaminating or destructive properties. Although we shall at all times take necessary measures to make sure this is not the case.
Peak Organics™ will only be liable for loss (save in the case of death or personal injury in respect of which there is no limit) up to a maximum total of the price of the product purchased in respect of any claim.
Peak Organics shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, the performance of the products, your or your company’s personal information or material and information transmitted over our system. In particular, neither Peak Organics nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Please wait at least 14 days from the date we confirm that your item has been shipped before reporting any non delivered items. Please be patient and wait 28 days in times of severe weather as this will cause delays in the delivery times for all of our goods.
Please note both Special next day and recorded deliveries are a signed for service and will require a signature at the delivery address in order to receive the items. In the event that you are not home the items will be stored at your local Royal Mail sorting office / delivery depot where it can be collected or you can arrange a redelivery. The Royal Mail should leave details on how to do this through your letter box.
Please note as the Royal Mail do not collected from businesses on Saturday or Sunday, you accept any order placed over the weekend will only be processed on Monday morning. Therefore Special next day delivery placed on the weekend will only get processed Monday for a Tuesday Delivery.
Items sold by us on our website are despatched from the UK to destinations throughout the world. The shipping cost will increase for destinations outside of the UK and Peak Organics are in no way responsible for the detention of any goods by any countries associated customs or legal departments.
If you are ordering from abroad then please note, once the goods have been shipped we accept no responsibility whatsoever for your goods going through customs. When you make your order you accept this and agree to this in full and agree that it is your own duty to chase up the delivery company & customs.
18.Age Restrictions / Verification
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Peak Organics only sell to adults, 18 years or older, who own and can purchase with a credit card or debit card. If you are under 18, Peak Organics and its affiliates will refuse service, terminate all of your accounts, remove or edit content, & cancel your orders immediately.
By using our website you give full permission for Peak Organics to carry out an age verification check on you. This will involve us using 3 databases including the electoral roll to verify your age. If found to be under the age of 18 then you will get a full refund and your order will not be processed. If you are under 18 then DO NOT ORDER from Peak Organics.
19.Ownership & Title
All ownership, title and risk of loss and/or damage in the product you have purchased shall pass to you at the point and time at which such product leaves our premises in the UK.
Peak Organics will only be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you submitted your order to us, or a contract for the sale of goods by us to you was formed.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us when you submitted your order to us or when a contract for the sale of goods by us to you was formed.
Peak Organics does NOT accept responsibility or liability by law, in any way for death or personal injury caused from the use of our products.
All Peak Organics products and chosen guest products are manufactured to the highest possible standards and using the latest available technologies. We are therefore confident that your Peak Organics order will be received without faults.
However, should you be unhappy with the product and suspect any part of your order be faulty in any way, please complete our returns form and our customer service team will handle the issues either remotely or request that you send it back to us within 7 days of your receipt, including all parts, instructions, accessories and packaging. Our Technical Department will inspect the product on receipt to confirm the fault and we will then offer you the choice of either a part refund covering the parts of the product that are unused (including any postage you have paid), or a new replacement (where we will meet the new delivery cost on your behalf).
Should you wish to return the product even if it is not faulty, you will need to return it to us, at your own cost, within 14 days of receipt by you.
A full refund minus the cost of shipping will be issued if the product has been unopened, any shrink wrapping still in place & unused.
No refund will be issued if the product has been used and will be decided at the managements discretion upon inspection of the returned products. This is for hygiene reasons as we cannot resell atomizers, mouthpieces, mods that could have been mishandled or filled with e liquid because of the risk of contamination / fire. By purchasing your item you are agreeing in full to these terms.
If our team of technicians believe a fault has been caused by misuse and not reading / following the intructions correctly then we will offer no refund whatsoever.
Important Note: Batteries and Atomisers are ‘consumable’ goods. This means that they will always need replacement over time. Peak Organics offer the full manufacturers warranty given on all of our products which is usually 30 days - 6 months depending on brand for batteries / mods.
Batteries either inbuilt or external are expected to last on average 8 to 26 weeks depending on usage and charging frequency. To increase the lifespan of a battery cell we highly recommend NOT charging overnight. Batteries charged with an unsuitable adapter either plug or USB hub will not be covered by warranty. Always check the charging capacity of your hardware for safe charging.
Atomisers / coils are expected to last on average 1 to 6 weeks – these times will vary depending on level of usage of course and the brand of CBD E-Liquid used.
All of our atomizers, clearomizers & coils come with DOA strict warranty. This means you need to report the product not working as it should within 24 hours of receiving your delivery. Should your product stop vaping or indeed burn out after this period then Peak Organics shall not provide a replacemement.
Peak Organics do not cover accidental damage or misuse of the product and all faults must be reported within the warranty period as stated above.
Our Technical Department will examine returned Atomisers for evidence of repeated use. In the event that a returned Atomiser is seen to have been used regularly (more than the initial setup), then the money back guarantee will not apply.
Should we ask you to return a product our address is as follows.
Cloudstix.com Head Office
Events Beyond our Control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including but not limited to any statutory changes or rulings by any act or customs authority affecting the customs duty payable by you. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
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