Terms of service

TERMS OF SERVICE

OVERVIEW Welcome to Punker's Peak Apparel! The terms "we", "us" and "our" refer to Punker's Peak Apparel. Punker's Peak Apparel operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Punker's Peak Apparel is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 - ACCESS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence. To use the Services, you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services. However, colours or product appearance may differ from how they appear on your screen due to your device type and settings. We do not warrant that the appearance or quality of any products will meet your expectations or be the same as depicted in our store. All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region or jurisdiction.

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Punker's Peak Apparel reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Punker's Peak Apparel confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Punker's Peak Apparel may be unable to accommodate cancellation requests after an order is accepted. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, or import charges. We may offer promotions from time to time that are governed by separate terms. You agree to provide current, complete and accurate payment information for all purchases. You represent and warrant that the payment information you provide is true, correct, and complete and that charges incurred will be honoured by your payment provider.

SECTION 5 - SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by Punker's Peak Apparel or its licensors and are protected by Australian intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Punker's Peak Apparel's names, logos, product and service names, designs, and slogans are trademarks of Punker's Peak Apparel. You must not use such trademarks without prior written permission.

SECTION 7 - OPTIONAL TOOLS You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" without any warranties or endorsement. We shall have no liability arising from your use of optional third-party tools. Any use of optional tools is entirely at your own risk.

SECTION 8 - THIRD-PARTY LINKS The Services may contain links to third-party websites. We are not responsible for the content or accuracy of any third-party sites. If you leave the Services to access third-party sites, you do so at your own risk. Complaints or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY Punker's Peak Apparel is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make are made directly with Punker's Peak Apparel. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Punker's Peak Apparel. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Punker's Peak Apparel.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information. Review our Privacy Policy for more details.

SECTION 11 - FEEDBACK If you submit any ideas, suggestions, feedback, or reviews, you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display such content in any medium for any purpose. You represent and warrant that you own or have all necessary rights to any feedback submitted and that it will not violate any third-party rights.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS There may occasionally be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors or inaccuracies and to change or update information at any time without prior notice.

SECTION 13 - PROHIBITED USES You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to violate any applicable laws or regulations, to infringe upon intellectual property rights, to harass or harm any person, to transmit false or misleading information, or to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

SECTION 14 - TERMINATION We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 15 - DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY STATED BY PUNKER'S PEAK APPAREL, THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 16 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, PUNKER'S PEAK APPAREL, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS SHALL NOT 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 THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

SECTION 17 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Punker's Peak Apparel, Shopify, and our affiliates, partners, officers, directors, employees, agents, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of your breach of these Terms, your violation of any law, or your access to and use of the Services.

SECTION 18 - SEVERABILITY If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be severed and shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us.

SECTION 20 - ASSIGNMENT You may not transfer or assign this Agreement or any of your rights or obligations without our prior written consent. We may transfer or assign these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the laws of Queensland, Australia. You and Punker's Peak Apparel consent to the exclusive jurisdiction of the courts of Queensland, Australia.

SECTION 22 - CHANGES TO TERMS OF SERVICE We reserve the right to update or replace any part of these Terms of Service at any time by posting updates to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following any changes constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION Questions about the Terms of Service should be sent to: Punkerspeakapparel@outlook.com