Terms of Service
Welcome to Peak Fantasy. These Terms of Service (“Terms”) govern your access to and use of our website and store (the “Site”), as well as your purchase and use of our products (“Products”).
By accessing the Site, placing an order, or otherwise using our services, you agree to be bound by these Terms. If you do not agree, please do not use our Site or purchase our Products.
1. About Peak Fantasy
Peak Fantasy is an online store based in Ontario, Canada, offering fantasy-themed adult novelty items and sex toys (“Products”). Our Products are intended for adult, consensual use only.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our Products and services to you.
2. Eligibility & Age Requirements
By using this Site or purchasing our Products, you represent and warrant that:
- You are at least 18 years of age (or the age of majority in your jurisdiction, if higher);
- You have the legal capacity to enter into a binding contract;
- You are not accessing the Site from a location where viewing or purchasing adult products is prohibited by law.
We do not knowingly provide services or sell Products to minors. If we become aware that a purchase or account is associated with a minor, we reserve the right to cancel the order and close the account.
3. Account Registration
You may be able to create an account on our Site to save your details and view order history. If you choose to create an account:
- You agree to provide accurate, current, and complete information;
- You are responsible for maintaining the confidentiality of your login credentials;
- You are responsible for all activities that occur under your account;
- You agree to notify us immediately of any unauthorized use or security breach.
4. Orders, Pricing & Availability
All orders placed through the Site are offers to purchase Products subject to these Terms. We reserve the right to accept or reject any order at our sole discretion.
We make reasonable efforts to display accurate pricing, availability, and product information, but errors may occur. If we discover an error (for example in price, description, or stock status), we may:
- Contact you with the correct information and ask whether you wish to proceed;
- Cancel your order and issue a refund if payment has already been made.
Prices, promotions, and availability are subject to change without notice.
5. Payment & Billing
We accept payment methods as indicated at checkout (for example, credit cards, debit cards, third-party payment services). By providing a payment method, you represent and warrant that:
- You are authorized to use the payment method;
- The payment information provided is accurate and complete;
- We may charge the total amount of your order (including any applicable taxes, duties, and shipping costs) to your payment method.
All transactions are processed in the currency displayed at checkout, which may differ from your local currency. Your bank or payment provider may apply additional conversion fees.
6. Shipping, Delivery & Risk of Loss
We ship orders to the addresses provided during checkout. You are responsible for:
- Ensuring your shipping address is accurate and complete;
- Receiving packages at the address you provide;
- Complying with any local import laws and restrictions.
Title and risk of loss pass to you upon our delivery of the Products to the carrier. We are not responsible for delays, losses, or damages caused by carriers, customs, or circumstances beyond our reasonable control.
Where possible, we use discreet packaging for adult products. Exact carrier options and estimated delivery times are shown at checkout and may vary by region.
7. Returns, Exchanges & Cancellations
Due to the intimate and adult nature of our Products, and for health and hygiene reasons, most items are final sale and cannot be returned or resold once opened or used, except where required by law or in cases of defects.
If you believe a Product is defective or was damaged in transit, please contact us within a reasonable timeframe with:
- Your order number;
- A description of the issue;
- Photos, where applicable.
We reserve the right to determine whether a replacement, store credit, or refund is appropriate. Policies may vary by product and jurisdiction.
Orders may sometimes be cancelled or modified before shipment; however, once an order is packed or shipped, cancellation may not be possible.
8. Product Use, Safety & Disclaimers (Adult Novelty Items)
Our Products are sold as adult novelty items only. They are not intended to diagnose, treat, cure, or prevent any medical condition, nor are they a substitute for professional medical advice or therapy.
By purchasing and using our Products, you agree that:
- You will use the Products only as directed and in a safe, responsible, and consensual manner;
- You will follow all instructions, warnings, and care guidelines provided on the Site or with the Product;
- You will not use the Products if you have any medical condition that could make their use unsafe, unless cleared by a qualified healthcare professional;
- You are solely responsible for assessing the suitability of any Product for your own needs;
- You will stop using a Product immediately if you experience pain, discomfort, or adverse reaction.
You understand and agree that misuse, modification, or failure to follow safety guidelines may increase the risk of injury or damage. We strongly recommend consulting a medical professional if you have any concerns about health or safety related to product use.
9. Prohibited Uses
You agree not to use the Site or Products for any unlawful or unauthorized purpose, including but not limited to:
- Violating any local, national, or international laws or regulations;
- Purchasing or shipping Products to jurisdictions where they are prohibited;
- Reselling Products in violation of applicable laws or our policies;
- Attempting to hack, disrupt, or interfere with the security or functionality of the Site;
- Harassing, abusing, or harming other users or our staff;
- Using the Site to distribute malicious code or spam.
We reserve the right to terminate or restrict access to the Site or cancel orders if we believe you are engaging in prohibited or abusive conduct.
10. Intellectual Property
All content on the Site, including but not limited to text, graphics, logos, images, product designs, names, lore, region descriptions, and other creative elements (collectively, “Content”), is owned by or licensed to Peak Fantasy and is protected by copyright, trademark, and other intellectual property laws.
You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Content without our prior written consent, except for your own personal, non-commercial use of the Site.
11. User Reviews & Submissions
If you submit reviews, comments, images, or other content (“User Content”) to the Site, you grant Peak Fantasy a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, and display such User Content in connection with our business, including to promote Products and the Site.
You represent and warrant that:
- Your User Content is accurate and lawful;
- You have the rights necessary to grant the above license;
- Your User Content does not infringe the rights of any third party or contain unlawful, abusive, or obscene material.
We reserve the right (but are not obligated) to remove or edit User Content at our discretion.
12. Third-Party Services & Links
Our Site may include integrations with third-party services (such as payment processors, analytics tools, or marketing platforms) and hyperlinks to third-party websites. We are not responsible for the content, policies, or practices of these third parties.
Your use of any third-party services or websites is at your own risk and subject to their respective terms and privacy policies.
13. Disclaimers
To the fullest extent permitted by law, the Site and all Products are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, durability, non-infringement, or accuracy.
Without limiting the foregoing, we do not warrant that:
- The Site will be uninterrupted, secure, or error-free;
- Defects or errors will be corrected;
- Any Product will meet your specific expectations beyond what is described;
- Results from use of Products will be consistent or guaranteed.
Nothing on the Site should be taken as medical, psychological, or legal advice. You are responsible for seeking professional advice where appropriate.
14. Limitation of Liability
To the maximum extent permitted by law, Peak Fantasy, its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of:
- Your use of or inability to use the Site;
- Your purchase or use (or misuse) of any Product;
- Any unauthorized access to or use of our servers or your information;
- Any interruption or cessation of transmission to or from the Site;
- Any bugs, viruses, or harmful code transmitted through the Site by a third party.
In all cases, our total liability for any claim arising out of or relating to the Site or Products shall not exceed the amount you paid for the specific Product or order giving rise to the claim.
15. Indemnification
You agree to indemnify, defend, and hold harmless Peak Fantasy and its owners, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Site or Products;
- Your violation of these Terms;
- Your violation of any applicable law or third-party rights;
- Your misuse of Products or failure to follow safety instructions.
16. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without giving effect to conflict of law principles.
You agree that any disputes arising out of or relating to these Terms, the Site, or the Products shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada, unless applicable law requires otherwise.
17. Changes to These Terms
We may update or modify these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page. Any changes take effect when posted on the Site unless otherwise stated.
Your continued use of the Site or purchase of Products after changes are posted constitutes your acceptance of the revised Terms.
18. Accuracy of Information, Errors & Changes
We make reasonable efforts to ensure that information on the Site, including product descriptions, pricing, promotions, availability, and shipping estimates, is accurate and up to date. However, the Site may occasionally contain typographical errors, inaccuracies, or omissions.
We reserve the right to correct any errors, inaccuracies, or omissions at any time, and to change or update information or cancel orders if any information on the Site or in the Service is inaccurate, including after you have submitted your order.
We are under no obligation to update, amend, or clarify information on the Site, except as required by law. Any update date or “last updated” indication does not imply that all information has been modified.
Prices, product offerings, and available services are subject to change without notice. We may modify or discontinue any part of the Site or Service at any time, without liability to you or any third party.
19. Severability
If any provision of these Terms is determined by a court or other competent authority to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity or enforceability of the remaining provisions.
20. Termination
These Terms remain in effect unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use the Site and, if applicable, by closing your account.
We may suspend or terminate your access to the Site or Services, or cancel orders, at any time and without notice if, in our sole judgment, you breach these Terms or we believe your conduct may harm Peak Fantasy, other users, or third parties.
Any obligations and liabilities incurred by you or us prior to the date of termination shall survive the termination of these Terms for all purposes, including but not limited to payment obligations, indemnities, and limitations of liability.
21. Entire Agreement
These Terms, together with any other policies or legal notices posted on the Site, including our Privacy Policy, constitute the entire agreement between you and Peak Fantasy regarding your use of the Site and purchase of Products, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
22. Contact Us
If you have any questions about these Terms or our policies, please contact us at:
Email: support@peakfantasy.ca
Business Location: Ontario, Canada (online business)
These Terms are provided for general informational purposes and may not reflect all legal requirements for your specific jurisdiction. You are encouraged to seek independent legal advice to ensure that your rights and obligations are fully understood.