These Terms of Service ("Terms") govern your use of the Pelican Peaks website and purchases from Pelican Peaks LLC ("Pelican Peaks," "we," "us," or "our"). By using the website, and by checking the agreement box and continuing to Shopify checkout, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the website or place an order.
1. Eligibility and account information
You must be at least 18 years old or the age of legal majority where you live to place an order. You agree to provide accurate, complete information and to use only a payment method you are authorized to use. We may refuse or cancel an order that appears fraudulent, unlawful, inaccurate, unavailable, or unsuitable for fulfillment.
2. Products and food information
Pelican Peaks sells small-batch dry gourmet mixes and related food products. We try to present product names, photos, ingredients, directions, weights, prices, and availability accurately, but packaging, appearance, suppliers, recipes, and availability may change. Photos may show serving suggestions and customer-added ingredients that are not included.
Always read the package label before purchase, preparation, or consumption. Follow storage and preparation directions and use safe food-handling practices. Website, recipe, label, email, and social-media content is general product information, not medical, nutritional, or professional advice.
3. Allergens and dietary needs
Products may contain or be produced around common allergens, including wheat, milk, eggs, soy, peanuts, tree nuts, and other ingredients. We do not promise a product is allergen-free unless the package expressly says so. If you have a severe allergy or dietary requirement, review the current package label and contact us before ordering. Do not rely only on website photos or older product descriptions.
4. Orders, pricing, and payment
Prices are in U.S. dollars and may change. Applicable tax, shipping, and other disclosed charges are shown at checkout. Shopify and its payment providers process online payment. An order confirmation does not guarantee acceptance; an order is accepted when we confirm or fulfill it.
We may correct listing, pricing, inventory, or checkout errors and may contact you to confirm, adjust, cancel, or refund an affected order. Product quantities may be limited. Current online checkout is available to eligible United States destinations shown during checkout.
5. Discounts and promotions
Bundles, discount codes, and promotions are subject to the stated eligibility, inventory, dates, and limits. The "3 for $25 + $1 dip" offer requires exactly three eligible full-size mixes and one eligible small dip packet; exclusions shown on the website apply. Offers may not be combined unless expressly stated. We may correct abuse, technical errors, or accidental duplicate discounts and may modify or end an offer prospectively.
6. Shipping and delivery
Shipping rates and options are calculated or confirmed by Shopify. Carrier and delivery dates are estimates, not guarantees. Provide a complete, accurate address. Contact us promptly about loss, damage, delay, or an incorrect delivery so we can investigate and provide any remedy required by law or our Return and Refund Policy. Nothing in these Terms eliminates non-waivable consumer rights.
7. Returns, refunds, and cancellations
Our Return and Refund Policy is incorporated into these Terms. Food-safety limits generally prevent returns after food has shipped, been delivered, opened, handled, or picked up. Contact us as soon as possible if an order is damaged, missing, incorrect, or has a quality issue.
8. Acceptable website use
You may not use the website or checkout for fraud, unlawful activity, false orders, unauthorized access, malicious code, interference, scraping that burdens the service, infringement, harassment, or attempts to defeat security or purchase limits. We may restrict access or cancel orders when reasonably necessary to protect customers, Pelican Peaks, or service providers.
9. Intellectual property
Pelican Peaks names, logos, product names, photos, designs, recipes, labels, text, and website content are owned by Pelican Peaks LLC or used with permission. You may use the website for personal shopping. No other license is granted, and you may not reproduce, publish, sell, modify, or commercially use this material without written permission.
10. Third-party services
The website relies on third parties, including Shopify, website hosting providers, payment providers, and shipping carriers. Their services may be subject to separate terms and privacy policies. We are not responsible for third-party sites or services outside our reasonable control, but this clause does not limit any responsibility that cannot lawfully be limited.
11. Disclaimers
To the extent permitted by law, the website and its content are provided "as is" and "as available." We do not warrant uninterrupted or error-free operation. Products remain covered by any express statements on their current labels and by rights that cannot be disclaimed under applicable law.
12. Limitation of liability
To the fullest extent permitted by law, Pelican Peaks will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the website, products, shipping, or services. To the fullest extent permitted by law, our aggregate liability for an order-related claim will not exceed the amount you paid for the affected order. These limits do not apply to fraud, willful misconduct, personal injury caused by negligence, or any liability or consumer remedy that applicable law does not allow us to exclude or limit.
13. Indemnity
To the extent permitted by law, you agree to reimburse Pelican Peaks for reasonable losses and costs caused by your unlawful misuse of the website, fraud, or material violation of these Terms. This does not apply to losses caused by Pelican Peaks or limit rights that cannot be waived.
14. Governing law and disputes
Colorado law governs these Terms, without regard to conflict-of-law rules, except where the law where you live gives you non-waivable rights. Before filing a claim, please contact us so we can try to resolve the issue informally. Nothing here prevents either party from using a court or remedy available under applicable law.
15. Changes, severability, and contact
We may update these Terms prospectively by posting a revised version and date. The Terms in effect when you place an order govern that order unless a change is required by law. If a provision is unenforceable, the remaining provisions continue in effect. Failure to enforce a provision is not a waiver.
Questions may be sent to Pelican Peaks LLC at pelicanpeaksgourmet@gmail.com, Windsor, Colorado, USA.