Terms of service

OVERVIEW

Welcome to Pinnacle Products! The terms “we”, “us” and “our” refer to Pinnacle Products. Pinnacle Products operates this store and website, including all related information, content, features, tools, products and services, to provide customers with a curated shopping experience (the “Services”). Pinnacle Products is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy, available at https://pinnacleproductshq.com/policies/privacy-policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNTS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country, state or province of residence, or that you have reached the age of majority and consented to any of your minor dependants using the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing our products, you may be asked to provide information such as your name, email address, billing information, payment information and shipping address.

You represent and warrant that all information you provide is accurate, current and complete and that you have the necessary rights to provide it.

You are responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to display and describe our products accurately. However, colours, dimensions and product appearance may differ slightly from how they appear on your screen due to your device, display settings, manufacturing variations or other factors.

We do not guarantee that the appearance or quality of a product will be identical to how it is displayed online. Nothing in this section limits any mandatory rights or consumer guarantees that apply under the laws of your country.

Product descriptions, prices and availability may be changed without notice. We reserve the right to discontinue products and to limit the quantities offered to any person, geographical region or jurisdiction, where permitted by law.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase products from Pinnacle Products. We reserve the right to accept or decline an order for legitimate reasons, including product availability, suspected fraud, pricing errors, payment issues or delivery restrictions.

Your order is not accepted until we send confirmation that it has been accepted. Payment must be authorised and processed before an order can be accepted.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation or amendment requests after processing or fulfilment has begun.

If we decline, change or cancel an order, we will attempt to notify you using the email address, billing address or telephone number provided when the order was placed. If payment has already been collected for a cancelled order, the appropriate amount will be refunded.

Purchases are subject to our Return and Refund Policy, available at https://pinnacleproductshq.com/policies/refund-policy.

You represent that purchases are intended for personal or household use and not for unauthorised commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change without notice. The price charged will be the price displayed at checkout when the order is placed, subject to correction of genuine pricing or technical errors.

Prices are displayed in the currency selected for your country or region. Unless expressly stated otherwise, prices may not include shipping, handling, taxes, customs duties or import charges. Any applicable charges shown at checkout form part of the total purchase price.

You are responsible for checking whether customs duties, import taxes or other charges may be payable upon delivery when these charges are not collected during checkout.

Promotions may be subject to separate terms. If promotional terms conflict with these Terms, the specific promotional terms will apply to that promotion.

You agree to provide current, complete and accurate purchase, billing and account information and to update that information when necessary.

You represent and warrant that:

The payment information you provide is accurate and complete.
You are authorised to use the selected payment method.
Charges incurred will be honoured by your payment provider.
You will pay all amounts properly displayed and accepted at checkout.

SECTION 5 – SHIPPING AND DELIVERY

Shipping locations, estimated delivery times and other delivery information are described in our Shipping Policy.

Delivery times are estimates unless expressly stated otherwise. Delays may occur because of carriers, customs processing, weather, public holidays, supply problems or events outside our reasonable control.

We are not responsible for delays caused by circumstances outside our reasonable control. However, this does not limit any mandatory rights or remedies available to you under applicable consumer law.

Risk of loss or damage generally passes to you when the products are delivered to you or to another person you have nominated to receive them. This does not include a carrier independently arranged and chosen by us.

You are responsible for providing a complete and accurate delivery address. Additional delivery costs resulting from an incorrect or incomplete address may be charged where permitted by law.

SECTION 6 – INTELLECTUAL PROPERTY

The Services—including our trademarks, branding, text, displays, graphics, original images, videos, audio, product reviews, website design and arrangement—are owned by Pinnacle Products, its affiliates or licensors and are protected by applicable copyright, trademark, patent and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit material from the Services without our prior written permission, except where permitted by law.

Nothing in these Terms grants you a licence or other rights to any patent, trademark, copyright or other intellectual property belonging to Pinnacle Products, Shopify or another party.

Pinnacle Products’ name, logo, product names, service names, designs and slogans are trademarks of Pinnacle Products or its licensors. They must not be used without prior written permission.

Shopify’s name, logo, product names, service names, designs and slogans are trademarks of Shopify. Other names, logos, product names, service names, designs and slogans displayed through the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

The Services may provide access to tools supplied by third parties that we do not monitor, control or operate.

Access to such tools is provided “as is” and “as available”, without warranties, representations, endorsements or conditions of any kind, to the fullest extent permitted by law.

Your use of optional third-party tools is at your discretion. You should review and understand the third party’s applicable terms and privacy practices before using them.

We may introduce new tools, resources or features in the future. Those features will form part of the Services and will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to websites, services, materials or functionality supplied by third parties.

We are not responsible for examining or guaranteeing the accuracy, security, availability or content of third-party websites. If you leave our website to access a third-party service, you do so at your own discretion.

We are not responsible for harm arising from products, services, resources or content purchased or accessed through independent third-party websites, except where responsibility cannot legally be excluded.

Please review the third party’s policies and practices before entering into any transaction. Complaints concerning third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Pinnacle Products is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are transactions directly between you and Pinnacle Products. Shopify is not the seller of our products and is not responsible for the fulfilment of purchases made from Pinnacle Products.

To the fullest extent permitted by law, you acknowledge that Shopify is not responsible for injury, damage or loss resulting from products purchased directly from Pinnacle Products.

Nothing in this section limits any rights that cannot legally be excluded.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy, available at:

https://pinnacleproductshq.com/policies/privacy-policy

Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information relating to your access to and use of the Services. Information may be processed in countries outside your country of residence.

Shopify’s privacy information is available at:

https://www.shopify.com/legal/privacy/app-users

By using the Services, you acknowledge that you have read the applicable privacy information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans or other content (“Feedback”), you grant us a worldwide, non-exclusive, sublicensable, transferable and royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for purposes connected with operating, improving and promoting the Services.

You represent and warrant that:

You own or possess the necessary rights to provide the Feedback.
You have disclosed any compensation or incentives received in connection with it.
The Feedback complies with these Terms and applicable law.

We are not obligated to:

Maintain Feedback in confidence.
Pay compensation for Feedback.
Respond to Feedback.

We may monitor, edit or remove Feedback that we reasonably consider unlawful, offensive, threatening, defamatory, obscene, misleading, infringing or otherwise objectionable.

Feedback must not violate another person’s copyright, trademark, privacy, personality or proprietary rights. It must not contain unlawful material, malware or computer viruses.

You must not use a false email address, impersonate another person or mislead us about the origin of Feedback. You remain responsible for the accuracy and legality of your submissions.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Information made available through the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, availability, shipping charges or delivery estimates.

We reserve the right to correct errors, update information or cancel an order affected by a genuine material error, including after an order is submitted, where permitted by law.

If we cancel an order after receiving payment, we will issue the appropriate refund.

Nothing in this section permits us to avoid obligations or remedies imposed by applicable consumer law.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You must not use the Services, directly or indirectly:

For an unlawful, fraudulent or malicious purpose.
To violate international, national, federal, state, provincial or local laws.
To infringe our intellectual property rights or the rights of another person.
To harass, abuse, threaten, insult, defame, intimidate or harm another person.
To submit or transmit false or misleading information.
To transmit unauthorised advertising, spam, junk mail or similar solicitations.
To impersonate another person or organisation.
To distribute malware, viruses or other harmful code.
To collect or track personal information unlawfully.
To interfere with the operation, security or accessibility of the Services.
To bypass security, access restrictions or authorisation measures.
To reproduce, duplicate, copy, sell, resell or exploit the Services without permission.
To scrape, extract or collect data using automated tools contrary to these Terms or applicable law.
To engage in conduct that restricts another person’s use or enjoyment of the Services.

We may restrict, suspend or terminate access if we reasonably determine that these Terms have been violated.

SECTION 14 – AUTOMATED AGENTS

This section applies if you deploy or permit software that takes autonomous or semi-autonomous actions on behalf of a person or organisation (an “Agent”) to access or interact with the Services.

An Agent must not access or interact with the Services when we have expressly requested that it stop.

Agents must:

Identify themselves truthfully where technically required.
Not conceal or misrepresent automated activity as human activity.
Not bypass CAPTCHAs, security controls or access restrictions.
Respond truthfully to requests intended to determine whether an interaction is automated.
Comply with applicable laws, technical requirements and these Terms.

We may use technical measures to control, restrict or prevent automated access to the Services.

SECTION 15 – TERMINATION

We may suspend or terminate your access to the Services if you materially breach these Terms, engage in unlawful or fraudulent activity, threaten the security of the Services or fail to pay amounts properly due.

Where reasonably practical and legally required, we will provide appropriate notice.

Termination does not affect obligations or liabilities that arose before termination.

The following sections will continue to apply after termination where relevant: Intellectual Property, Feedback, Privacy, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Entire Agreement, Assignment and Governing Law.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general information. Although we take reasonable steps to maintain accurate information, we do not guarantee that all content will always be complete, current or free from error.

Except for warranties, conditions, consumer guarantees or other rights that cannot legally be excluded, the Services and products are provided “as is” and “as available”.

To the fullest extent permitted by law, we disclaim implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title and non-infringement.

We do not guarantee that use of the Services will always be uninterrupted, timely, secure or error-free.

Nothing in these Terms excludes, restricts or modifies a guarantee, warranty, condition, right or remedy that cannot legally be excluded or restricted under the laws applicable to you.

SECTION 17 – LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for fraud, fraudulent misrepresentation or other liability that cannot legally be excluded.

Subject to the paragraph above and to the fullest extent permitted by law, Pinnacle Products and its affiliates, employees, agents, contractors, service providers and licensors will not be liable for indirect, incidental, punitive, special or consequential loss arising from the use of the Services or products purchased through them.

This may include lost profits, lost revenue, lost savings, loss of data or replacement costs where such loss was not reasonably foreseeable when the contract was formed.

Where applicable law does not permit certain exclusions or limitations, those exclusions or limitations will apply only to the maximum extent legally permitted.

Your statutory consumer rights remain unaffected.

SECTION 18 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Pinnacle Products and its affiliates, partners, officers, employees, agents, contractors, licensors and service providers from losses, damages, liabilities and reasonable legal costs arising from:

Your material breach of these Terms.
Your unlawful use of the Services.
Your infringement of another person’s rights.
Content or Feedback unlawfully submitted by you.

This obligation does not apply to loss caused by our negligence, unlawful conduct or breach of these Terms.

We will provide reasonable notice of an indemnifiable claim. You agree to provide reasonable cooperation in defending such a claim.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent legally permitted.

Any unenforceable portion will be treated as severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision under these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and operating rules published through the Services, constitute the entire agreement between you and Pinnacle Products concerning your use of the Services.

They supersede prior or contemporaneous agreements, communications and proposals concerning the Services, whether written or oral.

Any ambiguity in these Terms will not automatically be interpreted against either party.

SECTION 21 – ASSIGNMENT

You may not transfer, delegate or assign these Terms or your rights and obligations under them without our prior written consent.

We may transfer or assign our rights and obligations as part of a sale, reorganisation, merger, business transfer or similar transaction, subject to applicable law.

Nothing in this section limits any mandatory rights available to consumers.

SECTION 22 – GOVERNING LAW

These Terms and any separate agreement through which we provide the Services are governed by the laws of Malta, without regard to conflict-of-law principles.

The courts of Malta will have jurisdiction over disputes arising from these Terms, subject to any mandatory rights you may have to bring proceedings in the courts of your country or region of residence.

If you are a consumer, nothing in this section deprives you of mandatory consumer protections or legal remedies available under the laws applicable in your country or region.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect their interpretation.

SECTION 24 – CHANGES TO THESE TERMS

You may review the current version of these Terms at any time on this page.

We may update or replace parts of these Terms by publishing a revised version on our website.

Where required by applicable law, we will provide notice of material changes. Changes will take effect from the date stated in the notice or, when no date is stated, from the date they are published.

Changes will not retrospectively alter an order already accepted unless required by law or agreed with you.

Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

Email: info@pinnacleproductshq.com
Website: https://pinnacleproductshq.com/pages/contact