Terms and Conditions (T&C)

Article 1 - General scope and object of the agreement

The following terms and conditions (T&C) govern the relationship between you as a client and our company while interacting through website https://peakshair.app2firm.es and/or on our application Peaks Hair.

Ordering and/or interacting on our website and/or application means that you expressly agree to these T&C without reserve or objection.

Our company has the right to modify or to adapt these T&C at any time and without prior notice. These T&C are directly applicable as soon as they are published on our website and/or application and/or sent to you by any means.

Please read these Terms and Conditions carefully before using, interacting or accessing our website and/or application.

By agreeing to these T&C you grant us that you have reached at least the legal majority in your country, state or province of residence. If you are a minor you grant us that you have all the rights and consent from your legal representatives to use our services.

You are not entitled to use our services, website and/or application for any illegal or unauthorised purposes.

You must not try to hack, alter the use or functions of our services, send viruses or lead or try to lead any other kind of attack towards our services. You must not try to attempt at our services' integrity either.

Article 2 - Ordering process

Our company might or might not require our client to first register to enable the client to fulfil its order.

2.1 Registration

If registration is required to order on our website and/or application then the client must first enrol itself by creating an account. To do so the client must fill in the registry form available on our website and/or application. The client will choose a login and a password linked to a valid email address.

By doing so the client agrees that he will keep his credential confidential, secure at all times and that he will not communicate them to any third-party.

Unlogged order can also be processed on our website and application.

The client must keep its credential confidential at all times and must not share its credentials with anyone.

Our company will not be held liable or responsible for any unauthorised use or access on the client’s account even if fraudulent orders are made using the client’s account or banking details.

The delivery address must be as precise as possible (building address and number, floor number, access code etc…). Our company will not be held liable in case of delivery failure when delivery data is partial, false, fraudulent or mistaken.

2.2 Ordering process

The client will choose the products or items he wants directly from our website https://peakshair.app2firm.es or on our application Peaks Hair (depending on products' availability).

The client will choose between « Delivery » or « In-Store Pick-Up » (click and collect) when ordering or our website or application.

When choosing « Delivery » the client will fill in his postal code and address to check if he is located in an area where a delivery method is available or not.

When choosing « In-Store Pick-Up » (click and collect) the order will be processed and made available in the store and the client will then come to the store (store address and opening hours will be indicated in the confirmation email) to collect the order.

A minimum order price might be required in order to get the « Delivery » option.

« Delivery » might require the client to pay some extra fee (insurance, expedition costs, fast delivery, next day delivery, same day delivery, messenger delivery…).

In the basket the client will be able to review and check his order before making the final payment.

2.3 Product availability and product description

Product and item availability is subject to changes and modification without prior notice. If a product has run out of stock we will do our best to inform our client regarding this matter. We can also stop selling any item or product at any time and without notice.

The description and detail of our products and items might not be accurate and can be modified at any time and without prior notice.

Our company’s items might be available in limited quantities or for a limited period of time only. Our company reserves the right to limit the sale of some products or items to certain geographical areas, provinces, states or countries or jurisdictions. Our company can also restrict the number of products or items that a client can buy at once.

Article 3 - Delivery

The client by ordering through our website or application can choose between In-Store Pick-Up (click and collect) or delivery.

Attention is drawn on the fact that the delivery service is not available everywhere, the client must insert its postal code or address to get information on the true availability of the delivery service.

The client must give true and exact address information in order to get his order confirmation by our company. Hence he will get the cost at the checkout step once the delivery address is given.

When receiving your package by your mail carrier or by any other transporter you will need to check carefully for any damages or issues. If you find your item or product defective or damaged during transportation you will need to contact us immediately on our email address post@peakshair.no and send us pictures of the defective item and packaging.

The client must inform our company of any issues no longer than 12h after the package has been delivered.

Article 4 - Delivery and In-Store Pick-Up (Click and collect)

Order delivery will be done to the address mentioned by the client.

Every delivery will be done in accordance with the delivery estimate shown when ordering on our website or application. We will do our best to respect delivery delays but outside and independent factors might cause delivery delays (traffic, storms, strikes, pandemics…). Delivery delay will not lead to any refunds or discounts from us or only if required by law and regulation.

If the client is not available to receive his order then he will need to contact the mail carrier or the delivery company directly to know how to collect its parcel.

When choosing « In-Store Pick-UP » (Click and collect) the order will be available after the order is completed.

Article 5 - Price

The applicable prices are shown before concluding the ordering process.

Prices are shown in kr (NOK), these prices include VAT and other taxes.

Any changes in taxes will be directly applicable to the products.

Regarding price changes or modification, our company reserves the right to change any price or tariff at any time and without prior notice.

Article 6 - Camera access

This app uses the camera to scan your credit card in order to ease data input at checkout.

Article 6 - Payment

Available payment methods will be shown to the client upon check-out, electronic payment will be shown only if available as well as cash, wire or bank transfer if available.

Payment methods can vary if choosing Delivery or In-Store Pick-Up (Click and collect).

All of your banking details, credit card details and other payment methods are encrypted and are never stored on our website and/or application. We use third-party solutions to process your payment.

Article 7 - Billing

Our company will issue, in accordance with applicable law and regulation, a bill or any other financial document when your order has been processed by our services. Such a document will be either sent to you by email and/or put in the package containing your order.

Our company has the right to refuse and to cancel any order that is placed on our website and/or application without any prior notice or justification. If so our company will issue a refund on the initial payment method used by the client.

To ensure a proper billing process the client must provide us with true, accurate and correct information and data. The client must keep billing details up to date and accurate.

Article 8 - Warranties

We will do our best to comply with the order made by the client.

In case of missing or unavailable products we will inform the client as soon as possible.

In case of a defective product, the client must inform us as soon as possible on delivery or when In-Store Pick-Up (click and collect) or no later than 24 hours after the delivery is done. In such cases, the client can ask for a product substitution or for a refund.

Article 9 - Liability

Our company will not be liable in case of network disruption, viruses, outside access, fraudulent use of payment methods or any other kind or type of technical issue or fraudulent access…

Article 10 - Third-Party links, external links

Some of the contents available on our website and/or application can include materials from third-parties and outside sources. Third-party links on our websites and/or applications can direct you to outside of our control websites that are not affiliated with us. We are not responsible nor liable for controlling or examining the content or accuracy of third-party websites or outside sources.

Hence we are not liable nor responsible for any damages or misuse while accessing third-party links or external links or sources on our website and/or application.

Please read carefully our privacy policy regarding how to deal with third-party privacy policy, terms and conditions and cookie policy.

Article 11 - Disclaimer of warranties

While using our website and/or application you grant us that we will not be held liable or responsible if data on our services is not accurate, true, complete or correct. The information and data given on our services is given as illustrational and informational only and must not be used for making decisions. Further advice and information must be sought before making any serious decision. You are using our services at your own risk.

Our company reserves the right to modify any content or products/items available on our services without prior notice, but our company has no obligation to update any content available on our services.

Also our company does not guarantee that the use of our services will be error-free, timely, secure or uninterrupted. The client agrees that we can remove services from time to time or add new ones without prior notice.

Our services and our products and items are delivered and provided to clients « as is » and « as available » for use, without any warranties or conditions of any kind.

In no case our company’s staff, employees, personnel, agents, interns and so on, are liable for any loss, claim, injury, any indirect or direct damage, incidental, punitive or special damages of any kind or type. This includes loss of profits, lots of revenues, lots of data or savings, whether based on tort law, contract, liability or otherwise.

Article 12 - Indemnification

You as a client of our company agree to indemnify, defend and hold us harmless from any claim or demand, this includes attorney’s fee made by any third-party due to your breach of these T&C or any other document that is binding between you and our company.

Article 13 - Severability

If any part, article or document of these T&C or of any other binding document between you and our company is determined by a competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed to be severed from these T&C such determination will not affect the validity and enforceability of any other remaining provisions.

Article 14 - Termination

All of the obligations and liabilities of the parties that occurred before the termination date shall survive the termination of this agreement.

These T&C are effective unless terminated either by our company or by the client.

The client can notify our company that he no longer wants to use our services or he can simply stop using and/or access our services, websites and/or application.

Our company can terminate this agreement at its sole discretion at any time and without prior notice, the client will hence remain liable for any remaining amounts due to our company.

Article 15 - Contact information

If you have any question regarding these Terms and Conditions you can contact us directly at: post@peakshair.no

Privacy Policy under GDPR regulation

This privacy policy describes how our company collects, uses and discloses your personal information and data when you use our services through our websites and/or application.

What kind of data is collected?

Our company collects the following set of data and information:

Personal identification information (name, physical address, email address, phone number…)

How is the data collected?

You provide our company with most of the data we collect, we collect data and process personal data and information when:

You register online or place and order for any of our products or services
Use our website or application when cookies are set on your device

Our company might also receive data and information indirectly from the following sources:

Flurry (https://www.flurry.com)
Firebase (https://www.firebase.google.com)
Count.ly (https://count.ly)
AppsFlyer (https://www.appsflyer.com)
Facebook App Event (https://developers.facebook/coom/docs/app-events

How will we use your data?

Our company collects your data so that we can:

Process your order, manage your account
Send you email with special offers on products and services

If you agree our company will share your data with partner companies so that they may offer you their products and services:

When our company processes your order it may send your data to credit and banking agencies to prevent fraudulent purchases that can include third-party payment processors.

How is the data stored?

Our company securely stores your data in France (Europe).

Our company will keep the following data:

Device model (anonymous)

OS version (anonymous)
Device’s language (anonymous)
Geolocalisation if provided
Country (deducted from geolocalisation)
City (deducted from geolocalisation)

Marketing

Our company would like to send you information about products and services of ours that we think you might like as well as those of our partner companies:If you have agreed to receive marketing emails or communication you may always opt out at a later date.

You have the right at any time to stop our company from contacting you for marketing purposes or giving data to other partners working with our company.

If you no longer want to be contacted for marketing purposes you can contact us at:

post@peakshair.no

Data protection rights

Our company would like to make sure you are fully aware of all your data protection rights. Every user has, if applicable, the right to:

The right to access: you have the right to request our company for copies of your personal data.
The right to rectification: you have the right to request that our company corrects any information you believe is inaccurate or mistaken. You also have the right to request our company to complete information you believe is incomplete.
The right to erasure: you have the right to request that our company erase your personal data under certain conditions.
The right to restrict processing: you have the right to request that our company restricts the processing of your personal data under certain conditions.
The right to object to processing: you have the right to object to our company’s processing of personal data under certain conditions.
The right to data portability: you have the right to request that our company transfers the data we have collected to another organization or directly to you under certain conditions.

If you have any request regarding this matter we have a month to answer you. If you want to exercise any of these rights please contact us by using the following contact detail:

Send us an email at: post@peakshair.no

Privacy policies of other websites or third-party

Our company’s website might contain links to other websites, our privacy policy applies only to our website and/or application and services so if you click on another website you must read their privacy policy.

Changes to our privacy policy

Our company keeps its privacy policy under regular review and places any updates on this web page, this privacy policy was last updated on 06/29/2023.

Contacting us

If you have any questions or demand about our privacy policy, the data we hold on you, or you would like to exercice one of your data protection rights, please contact us at:

post@peakshair.no

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