These terms and conditions (T&C) regulate the relationship between peaksim.com (PEAKSIM) and the Buyer and/or User of the Site. In accessing the PEAKSIM site, the User accepts to be bound by these T&C. PEAKSIM therefore advises that all Users read these T&C carefully and save or print a copy for future reference. PEAKSIM reserves the right to make amendments to the T&C from time to time at their sole discretion and without prior warning. Users are therefore advised to return to view the T&C on a regular basis, and in the event that a User does not agree to any change to the T&C, they must immediately cease accessing the Site. Any amendments made to these T&C after the Buyer has placed an Order which has been confirmed by PEAKSIM will not affect that Order, with the exception of amendments PEAKSIM are required to make by law. Definitions
In these T&C, the following words have the following meanings: Buyer means the User who has placed an Order in accordance with the section headed 'Orders'. Contract means the contract for sale of Goods concluded between PEAKSIM and the Buyer, concluded when an email is sent by PEAKSIM stating that the Goods have been dispatched. Eligible means 18 years of age or over. Goods means the items offered for sale and sold by PEAKSIM on the Website. Information has the meaning assigned to it at clause 8. Intellectual Property means any patent, copyright, registered design, unregistered design, trade mark, or other industrial or intellectual property right in respect of the Goods or otherwise and owned or used by PEAKSIM in connection with its business or the Site. Order means an order placed on the Site by the Buyer. This order is an offer to enter into a contract with PEAKSIM. Order Dispatch Confirmation refers to the email sent by PEAKSIM to the Buyer accepting their offer to purchase the Goods, and confirming that the Goods have been dispatched. Payment Card has the meaning assigned to it. Site or Website means www.peaksim.com. User means all visitors to the Site. Working Day means Monday to Friday, excluding bank holidays in England & Wales. These T&C and any policies referred to in these T&C do not affect the statutory rights of Users. Orders

• 1. By entering payment details, the User represents and warrants that such details are complete and correct and that the billing address and the name correspond to the Information the Buyer has provided.
• 2. The User agrees to notify PEAKSIM as soon as reasonably possible of any changes to the Information by updating their account details on the Site.
• 3. Users are referred to the COOKIES for more information.
• 4. All information on the Site is an invitation to treat only and not an offer to enter into a contract. All Orders are subject to acceptance by PEAKSIM and subject to the Goods being available and payment being authorised.
• 5. PEAKSIM may refuse an Order at its sole discretion.
• 6. Once a prospective Buyer has made their selection and placed an Order, the Buyer will receive an email acknowledging that PEAKSIM has received the Order and confirming the details of the Order and Order number. This first email is not an acceptance of the Order.
• 7. PEAKSIM will send the Buyer a second email stating that the Order has been accepted and the Goods have been dispatched. This is an acceptance of the Order placed and therefore concludes the contract between PEAKSIM and the Buyer (Contract). This second email is also referred to in these T&C as the Order Dispatch Confirmation.
• 8. PEAKSIM reserves the right to restrict purchases of multiple quantities of Goods by a single Buyer and may restrict multiple quantities of Goods being dispatched to a single delivery address.

Pricing

• 1. Prices are displayed in GBP
• 2. Prices may be modified from time to time and without notice, but such changes will not apply to Goods in respect of which the Buyer has received an Order Confirmation.
• 3. VAT and any other applicable sales tax are inclusive in the price stated at the applicable current rate chargeable for the time being (where customer is eligible to pay/relevant to region). However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
• 4. Prices displayed do not include the cost of delivery to the Buyer and any relevant import duties and tax for international orders, which must be paid by the Buyer. The Buyer is advised that delivery costs and associated sales taxes may be subject to change from time to time in certain sales territories.
• 5. PEAKSIM endeavours to ensure that all pricing information on the Site is accurate. However, if prices displayed on the Site are incorrect, PEAKSIM shall not be obliged to sell the Goods at the incorrect price. If we discover an error in the price of the Goods you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing.
• 6. Prices for the Goods are set against applicable currency exchange rates at the beginning of each fashion season, but may be subject to fluctuation. Any changes to the applicable exchange rate may affect the price of Goods subject to discount but shall not affect Orders which have already been placed.

Payment

• 1. PEAKSIM will accept payments by Apple Pay, MasterCard, PayPal (Payment Card), Visa, Visa Electron and Visa Debit.
• 2. By using a Payment Card, the Buyer is warranting that the card is theirs or that the Buyer has been specifically authorised by its owner to use it.
• 3. PEAKSIM will request validation and authorisation checks by the issuer of the Payment Card. These checks are carried out before the Contract with the Buyer is concluded. If the Payment Card issuer refuses to authorise payment, PEAKSIM will reject the Order without any liability towards the Buyer.
• 4. PEAKSIM is not responsible for any amounts charged by Payment Card issuers in connection with the processing of payment. If the Buyer's Payment Card is denominated in a different currency to the price displayed on the Site, the final price may be charged in the currency of the Payment Card. In this case, the final price is calculated by the Payment Card issuer and PEAKSIM shall not be responsible for any resulting costs incurred by the Buyer.
• 5. Payment for Goods is taken by PEAKSIM once the Contract has been concluded (the Contract is concluded when the Buyer receives an email stating that the Goods have been dispatched, also referred to as the Order Dispatch Confirmation).
• 6. PEAKSIM takes care to ensure payments are safe and secure by using online payment gateway Adyen and using Secure Socket Layer (SSL) technology.
• 7. PEAKSIM agrees to take reasonable care to ensure that information relating to Orders and payment is kept secure. However, the Buyer shall not hold PEAKSIM responsible for any loss suffered as a result of a third party gaining unauthorised access to data where this is beyond the reasonable control of PEAKSIM.

Delivery

• 1. PEAKSIM aim to dispatch all Orders for Goods as soon as possible upon receiving an Order. Orders are processed on working days.
• 2. PEAKSIM expects that the Buyer (or recipient if the Buyer has specified that the Goods are a gift) will receive the Goods within the relevant estimated delivery time from the Goods being dispatched. However, this is for indication purposes only, and PEAKSIM is not responsible for delays caused by elements beyond its reasonable control, including but not limited to delays caused by carriers, customs or delays at ports. The Buyer acknowledges that delivery times for dispatched Goods may be extended as a result and that PEAKSIM is not responsible for such delays.
• 3. Please see Shipping Destinations, Costs and Delivery Times for MORE
• 4. PEAKSIM insures the Goods up to delivery to the address specified by the Buyer.
• 5. Once the Buyer (or the recipient of the Goods specified by the Buyer) signs to acknowledge receipt, all risks and responsibility for the Goods passes to the Buyer.
• 6. Delivery will be attempted twice, if at the second attempt for any reason the Buyer is unable to accept delivery, the Buyer will have to call to request a re-delivery to the delivery address specified by the Buyer when making their Order.
• 7. The Buyer is responsible for ensuring that the delivery address provided is correct and complete. PEAKSIM shall not be liable for unsuccessful delivery attempts resulting from the Buyer having provided inaccurate or incomplete information.
• 8. Where the Buyer makes an Order for multiple Goods ('multiple' meaning more than one), PEAKSIM shall endeavour to deliver the Order in one conveyance, unless the Buyer has requested otherwise. However, PEAKSIM shall be entitled to deliver the Goods in more than one conveyance if reasonably necessary, in which case each delivery shall be viewed as a separate Contract. Where the Buyer has expressly requested that an Order be delivered in more than one conveyance, the applicable delivery charges shall be the cost of shipping to the most expensive destination.

PEAKSIM Returns & Exchange Policy

• 1. If the Buyer is not completely satisfied with the purchase, the Buyer must notify PEAKSIM within 30 days from the day after the date of receipt of the Goods of intent to return the goods. Alternatively, if the Buyer decides within 30 days of placing an Order that they no longer wish to proceed with the purchase, the Buyer may cancel the order in accordance with the standard returns policy applied to sale of goods.
• 2. In order to return Goods purchased on the Site, the Buyer must notify PEAKSIM by sending an email to uksimtip@gmail.com within 30 days from the day after the day the goods are received. The Buyer must return the Goods, invoice within 30 days of notifying PEAKSIM of intent to return.
• 3. Upon receipt by PEAKSIM of the returned Goods, a full refund will be issued to the original method of payment whereby a refund has been requested provided the Goods are returned as required by these T&C’s. PEAKSIM aims to process returns within 14 working days of receipt, but the date on which the funds are received in the Buyer's account will depend on the issuing bank. Basic delivery charges will only be refunded where an entire Order has been returned.
• 4. All Goods returned to PEAKSIM must be undamaged and in saleable condition (unused), with their original packaging and with garment tags still attached. The Buyer is advised to contact PEAKSIM customer services if any Goods are delivered without tags. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused. PEAKSIM strongly advises the Buyer to check the Goods thoroughly upon delivery before removing any tags or disposing of packaging.
• 5. This policy does not affect the statutory rights of the Buyer, in particular under the Sale of Goods Act 1979, the Consumer Rights Act 2015 (as amended) and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. For further information, the Buyer is advised to contact their local Trading Standards Office or Citizens Advice Bureau.
• 6. Under the terms of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, the Buyer is legally entitled to cancel the Order by giving written notice to PEAKSIM within 30 Days of receipt of the Goods. The free collection service and option to return in-store do not apply to Orders cancelled under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations. In respect of cancellations, the Buyer returns the Goods at their own cost and accepts full responsibility for the Goods until they are received by PEAKSIM. PEAKSIM will issue a full refund, including the cost of shipping the Goods out to the Buyer, within 30 days of receipt of the notice of cancellation.

Intellectual Property & Content

• 1. PEAKSIM endeavours to display as accurately as possible the colours of the Goods displayed on the Site. However, as manufacturing processes and computer monitors vary, PEAKSIM cannot guarantee that the User's monitor will display the colours, fabrics and designs of the Goods with complete accuracy and Goods delivered to the Buyer may differ in appearance in minor respects.
• 2. The User shall not alter, remove, reproduce or redistribute any of the IP.
• 3. The User must not, in relation to the Site, use any of the following: data mining, robots, or similar data gathering and extraction tools; framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats used on the Site meta tags or any other "hidden text" which uses names or trademarks owned by PEAKSIM.
• 4. Using the Site does not give the User permission to link to the Site or to use any of the trade marks, designs, get-up and/or logos contained within it.
• 5. PEAKSIM is the proprietor of the PEAKSIM trade name, trade mark and get-up. In using the Site, the User agrees that all copyrights, trademarks, brand names, product names, titles, text, graphics, designs, logos, button icons, images, data compilations and software used in the Site and all content shall remain vested in PEAKSIM or the respective rights holders.
• 6. The User is permitted to use this material only as expressly authorised by PEAKSIM or the respective rights holders. No permission is given in respect of the use of any of them and such use may constitute an infringement of the holder's rights.
• 7. Subject to the terms herein, PEAKSIM grants to the User a revocable and non-exclusive licence to access and make acceptable use of the Site.
• 8. The following does not constitute acceptable use: a) Use of the Site in a way which may prejudice or damage the reputation of PEAKSIM b) Use of the Site for commercial or business purposes c) Modification, disassembly, transfer, sale, distribution, publication, reproduction or licensing of any Content, software, products, or services contained within the Site. d) Denial of service attacks e) Attempts to gain unauthorised access to the Site or its systems f) Unauthorised linking of any part of the Site with other sites g) Use that is likely to damage, impair, disable or impose an unreasonable burden on the Site.
• 9. PEAKSIM reserves the right to suspend a User's access to the Site if PEAKSIM suspects that the User is making unauthorised use of their account or of the Site.
• 10. By providing Information to PEAKSIM, the User agrees to PEAKSIM storing and processing their personal data in accordance with the PEAKSIM Privacy and Cookie Policy. For more details on the manner in which PEAKSIM use cookies, the type of information collected, how information is used and under what circumstances this information is disclosed, Users are referred to the PEAKSIM Privacy and Cookie Policy.
• 11. The Site may include links to third party sites or content. PEAKSIM has no control over any external content and shall not be held responsible for any damage caused to a User as a result of their accessing external content.
• 12. PEAKSIM endeavours to ensure that information displayed on the Site is accurate and complete, but does not warrant that such information is accurate and/or error free.
• 13. PEAKSIM does not warrant that the Site, its content, or the server that makes it available are free of viruses, malicious code or other potentially harmful components. PEAKSIM recommends that all Users have up to date virus checking software installed.
• 14. PEAKSIM will take reasonable care to ensure that any Information relating to the User is kept secure. However, in the absence of any negligence on Peaksim's part, PEAKSIM cannot be held liable for any loss a User may suffer if a third party obtains unauthorised access to such data.
• 15. PEAKSIM shall not be held responsible for any indirect, consequential, or economic loss, such as but not limited to loss of profits, loss of opportunity, loss of goodwill or reputation, and loss or corruption of data. In any event, the total aggregate liability of PEAKSIM arising in relation to these T&C shall not exceed 100% of the total Order value, whether arising under contract, tort, breach of statutory duty or otherwise.
• 16. Nothing in these T&C limits or excludes liability for i) death or personal injury caused by negligence, ii) fraudulent misrepresentation, iii) claims arising under section 2(3) of the Consumer Protection Act 1987, iv) any other liability which cannot be limited or excluded by applicable law.
• 17. PEAKSIM will not be liable to the Buyer for failure to perform any obligation under the Contract to the extent that the failure is caused by a factor beyond PEAKSIM reasonable control.
• 18. PEAKSIM shall not be in breach of this Contract if performance is prevented or delayed in whole or in part by reason of acts of God, or the consequences thereof, including, but without prejudice to the generality of the foregoing, by reason of fire, flood, cyclone, hurricane, earthquake, epidemic or pandemic, riots, war, hostilities, governmental restrictions (whether of the United Kingdom or of other country), trade embargoes, strikes, lockouts, labour disputes of any kind, boycotting of goods, unavailability of transport or of loading facilities, wrecks, any law or any action taken by a government or public authority (including without limitation imposing an export or import restriction, quota or prohibition, or events relating to Brexit), delays or damages in transport or any causes whatsoever and howsoever arising of a nature beyond PEAKSIM's control.
• 19. If performance of a Contract is prevented or delayed in whole or in part by reasons of any of the foregoing, PEAKSIM shall have the option: a. either to perform the Contract (or the unfulfilled part hereof as the case may be) within such time from the removal of the cause preventing or delaying performance as in all circumstances reasonable; b. or to rescind the Contract; and in either case to notify the Buyer in writing.
• 20. The Contract and these T&C together constitute the entire agreement between PEAKSIM and the Buyer.
• 21. Failure to enforce any or all of these T&C shall not constitute a waiver.
• 22. The various provisions of this agreement are severable and if any provision is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or unenforceability shall not affect the remaining provisions of this agreement.
• 23. A User may not assign, sub-contract or otherwise transfer any of their rights or obligations under these T&C without the prior written consent of PEAKSIM. PEAKSIM reserves the right to assign any claims for payment that are due and have arisen in connection with delivery of the Goods to third parties.
• 24. The Contract is concluded in London, England and the language of the contract is English.
• 25. The Contract is governed by and construed and enforced in accordance with the law of England and Wales. PEAKSIM and the Buyer each irrevocably submit to the non-exclusive jurisdiction of the English Courts.

Sale & Promotions

Orders shipped will be delivered within 3 to 5 business days. UK and EU only. Business days are defined as Monday to Friday 9am to 5pm, excluding UK public holidays. Valid on items purchased at peaksim.com. PEAKSIM reserves the right to amend and/or withdraw this offer at any time and without notice. Our customer service team is available to assist you at uksimtip@gmail.com.