Terms of service
Last updated: September 29, 2026
Welcome to Peaks Optical Solutions ("Peaks Optical," "we," "us," or "our"). These Terms of Service ("Terms") govern all business conducted with Peaks Optical Solutions, including but not limited to: purchases made through our website at peaksoptical.com, orders placed by phone, email, or in person, products delivered or shipped to your account, and any goods, equipment, or accessories sold, consigned, delivered, or serviced by our representatives during in-person account visits.
These Terms are intended for business customers purchasing for commercial purposes. Nothing in these Terms limits any rights a consumer has under applicable consumer protection law.
Acceptance of Terms. You ("Customer," "Account," or "you") acknowledge and agree to be bound by these Terms, in full, including the Conditional Sale, Security Interest, and Default provisions set out in Sections 6 through 9 below, by doing any one or more of the following: browsing or placing an order through peaksoptical.com; opening, maintaining, or purchasing through an account with Peaks Optical Solutions, whether online or offline; accepting delivery of, signing for, or taking possession of any product; placing an order or accepting service by phone, email, or in person; or otherwise engaging in any business interaction or transaction with Peaks Optical Solutions. No further signature, click-through, or written acknowledgment is required for these Terms to apply and bind the Account — engaging in business with Peaks Optical Solutions through any channel constitutes acceptance. Where an Account has additionally signed a credit application, account agreement, or other written document with Peaks Optical Solutions, that document supplements and works alongside these Terms, and does not replace or limit them.
These Terms apply regardless of the sales channel used and regardless of whether the transaction was completed online, by phone, by email, by invoice, or in person by one of our sales or service representatives.
These Terms of Service apply to all visitors, users, accounts, and customers of Peaks Optical Solutions, across every method by which business is conducted with us — online, over the phone, by email, by invoice, or through in-person visits and servicing by our representatives. We may update these Terms at any time by posting the updated version at peaksoptical.com and/or notifying active accounts. Updated Terms apply to all orders placed or accepted after the update date, and continued ordering constitutes acceptance. Orders already placed remain governed by the Terms in effect when they were placed, unless the Account agrees otherwise.
All products are subject to availability. We reserve the right to limit quantities, discontinue products, or refuse orders at our discretion, including refusing to open new accounts or fulfill further orders for any account with an outstanding balance. Prices are listed in Canadian dollars (CAD) and are subject to change without notice. This applies to all product categories sold by Peaks Optical Solutions, including optical frames, laboratory equipment, and accessories (including but not limited to frame cases, lens cleaning solutions and bottles, displays, and other optical supplies), whether currently offered or added to our catalog in the future.
We strive to ensure that product descriptions, pricing, and availability are accurate. However, we do not warrant that all information is complete, current, or error-free. In the event of an error, we reserve the right to correct it and cancel any affected orders.
4.1 Terms of Sale. Peaks Optical Solutions extends product to Accounts on payment terms as a courtesy and as part of an ongoing business relationship, not as an unconditional transfer of ownership. Unless otherwise agreed in writing, payment is due either upon receipt of product or on a due date specified on the invoice, typically ranging between 7 and 30 days from the invoice or delivery date, depending on order size, account history, and terms extended to the Account.
4.2 Method of Payment. We accept major credit cards, e-transfer, cheque, and other payment methods as made available to the Account. By submitting an order or accepting delivery of product, you confirm that you, or the individual placing the order, are authorized to bind the Account to payment and that all billing information provided is accurate.
4.3 Late Payment / Interest on Overdue Balances. Any balance not paid in full by its due date is considered overdue and the Account in default, effective immediately upon the due date passing — no additional notice is required to trigger default, though Peaks Optical Solutions may, at its sole discretion, extend a grace period to any Account before exercising its rights under Section 8. Overdue balances will accrue interest at a rate of 2% per month, compounded monthly, which is equivalent to an effective annual rate of approximately 26.82% per annum, calculated from the due date until the balance, including all accrued interest and fees, is paid in full. This interest is in addition to, and not in place of, any other fees, charges, or remedies described in these Terms.
4.4 Additional Charges. In addition to interest, overdue Accounts may be charged reasonable fees, costs, and charges actually incurred, or reasonably estimated, by Peaks Optical Solutions as a result of the default, including but not limited to administrative fees, handling and restocking fees, collection costs, and recovery-related charges. The applicable amounts will depend on the nature and extent of the default.
4.5 Nature of Charges. The interest and charges described in this Section 4 and in Sections 8.3 and 8.6 represent a genuine, reasonable pre-estimate of the administrative costs, loss of use of funds, and collection burden incurred by Peaks Optical Solutions as a result of an Account's default, and are not intended as a penalty. In no event will the total interest and charges payable exceed the maximum permitted by applicable law. If any interest rate or charge is found by a court or tribunal of competent jurisdiction to be unenforceable or to exceed that maximum, it will be automatically reduced to the highest rate or amount permitted by law, and the remainder of these Terms, including the obligation to pay the balance owing, will remain in full force and effect.
4.6 Claims and No Set-Off. Any claim for shortage, damage, error, or defect must be reported to Peaks Optical Solutions in writing within five (5) business days of delivery, failing which the product is deemed accepted and the claim waived. The Account will not withhold, deduct, or set off any amount from an invoice on account of any claim, dispute, or counterclaim. Any undisputed portion of an invoice must be paid by its due date. Where a claim is valid, Peaks Optical Solutions will issue a credit, replacement, or refund in accordance with its Refund Policy, and that remedy is the Account's sole remedy for the claim.
Shipping times and costs are estimated and may vary. Peaks Optical Solutions is not responsible for delays caused by carriers, customs, or circumstances beyond our control. Physical possession of the product may pass to you upon delivery, but as set out in Section 6, legal title and ownership do not pass to the Account until payment has been received in full.
6. Conditional Sale & Retention of Title
6.1 Title Retention. All products delivered, shipped, dropped off, or otherwise provided to an Account by Peaks Optical Solutions — whether frames, laboratory equipment, accessories, or any other goods — are sold on a conditional sale basis. Notwithstanding delivery, physical possession, or use of the product by the Account, ownership and legal title to the product remain vested solely in Peaks Optical Solutions until the Account has paid the full purchase price, together with any accrued interest and fees, in cleared funds.
6.2 Security Interest. To the extent that title is deemed to have passed to the Account prior to payment in full for any reason, the Account grants to Peaks Optical Solutions a continuing security interest in the product sold, and in any proceeds thereof, as security for payment of the purchase price, interest, and all related fees and charges. This security interest applies to all product categories sold by Peaks Optical Solutions now or in the future, including optical frames, laboratory equipment, and accessories. Peaks Optical Solutions may register, perfect, or otherwise protect this security interest under the Personal Property Security Act (Ontario) or any other applicable legislation, and the Account agrees to cooperate with and not interfere with any such registration.
6.3 Application to In-Person Accounts. This conditional sale and security interest applies equally to product delivered, sold, or serviced in person by a Peaks Optical Solutions representative at an Account's place of business, and is not limited to orders placed or fulfilled through our website.
6.4 Further Assurances. The Account's acceptance of these Terms, as described above, together with its acceptance of product on payment terms, itself constitutes the Account's grant of the security interest described in Section 6.2 and is intended to bind every Account regardless of sales channel. Where Peaks Optical Solutions requests it — including, without limitation, for Accounts serviced in person or extended larger or ongoing credit terms — the Account additionally agrees to promptly execute a credit account application, security agreement, or other supporting documentation to further evidence, attach, perfect, or register that security interest under the Personal Property Security Act (Ontario) or other applicable legislation. Any such additional signed documentation strengthens and supplements, but is not a precondition to, the rights Peaks Optical Solutions holds under these Terms.
Please refer to our Refund Policy for full details on returns, exchanges, and refunds. All return requests must comply with our stated policy. Nothing in the Refund Policy limits Peaks Optical Solutions' rights to repossess unpaid product as described in Section 8.
8. Default, Repossession & Collection
8.1 Default. An Account is in default under these Terms immediately upon failing to pay any amount by its due date, without requirement of further notice, demand, or grace period, although Peaks Optical Solutions may extend a grace period at its sole discretion on a case-by-case basis.
8.2 Remedies. Upon default, and for so long as the Account remains in default, Peaks Optical Solutions reserves the right, in its sole discretion and without further notice, to exercise any or all of the following remedies, in any combination and in any order:
·       (i) Suspend or permanently cease doing business with the Account, including refusing further orders, deliveries, or servicing.
·       (ii) Demand immediate payment of the full outstanding balance, including all accrued interest and fees.
·       (iii) Repossess, retake, and recover any and all unpaid product from the Account's premises or any other location where it is found, provided that such repossession is carried out peaceably and without breach of the peace; where peaceable repossession is not reasonably possible, Peaks Optical Solutions reserves the right to pursue recovery through a licensed bailiff, court order, or other lawful legal process, on the basis that title to such product never passed, or remains subject to Peaks Optical Solutions' security interest, as described in Section 6.
·       (iv) Engage a third party to act on behalf of Peaks Optical Solutions to recover unpaid product or collect the outstanding balance, including but not limited to a bailiff, collection agency, or recovery agent, acting at all times in accordance with applicable law.
·       (v) Pursue any other lawful remedy available at law or in equity, including legal action for the recovery of the balance owing.
8.3 Cost of Recovery. Where Peaks Optical Solutions engages a bailiff, agent, collection agency, or any other third party to recover unpaid product or collect an outstanding balance, or commences legal proceedings, the Account will be held fully responsible for all reasonable fees, costs, and charges actually incurred in connection with that recovery or collection effort, including but not limited to bailiff fees, agent fees, collection agency fees, administrative charges, and legal costs on a full indemnity basis (including reasonable lawyers' fees and disbursements). These amounts will be added to the Account's outstanding balance and are subject to the same interest rate described in Section 4.3 until paid in full.
8.4 No Waiver. No delay or failure by Peaks Optical Solutions in exercising any right or remedy under these Terms shall constitute a waiver of that right, and the extension of a grace period on one occasion does not obligate Peaks Optical Solutions to extend a grace period on any future occasion.
8.5 Notice of Intended Action. While an Account is in default immediately upon a missed due date as described in Section 8.1, Peaks Optical Solutions will make reasonable efforts to notify the Account, by phone, email, or in person, before exercising the remedies described in Section 8.2(iii) or 8.2(iv), except where Peaks Optical Solutions reasonably believes that providing such notice would risk the loss, concealment, or damage of the product. This section does not limit or delay Peaks Optical Solutions' right to immediately suspend future orders, demand payment, or apply interest and fees under Sections 4 and 8.2(i)-(ii).
8.6 Recovered Product. Recovered product is credited to the Account only if Peaks Optical Solutions determines it is in new, complete, resellable condition. The credit is the lesser of the invoice price and the resale value, less applicable restocking and handling fees. Product that is damaged, incomplete, obsolete, or not resellable receives no credit. Peaks Optical Solutions may also charge reasonable recovery fees for its own labour, travel, vehicle, and time spent, and for third-party costs, at reasonably estimated rates. Recovery does not cancel the Account's obligation to pay any remaining balance, interest, and charges. Any credit is applied to the balance owing, and Peaks Optical Solutions is not obliged to accept return of any product.
8.7 Access and Identification. The Account authorizes Peaks Optical Solutions and its agents to enter the premises where product is located, during normal business hours and with reasonable notice, to inspect and recover unpaid product. The Account will keep unpaid product identifiable and reasonably separate from other stock where practicable, and will not sell, transfer, or encumber unpaid product outside the ordinary course of business.
All content on this website, including text, images, logos, and graphics, is the property of Peaks Optical Solutions or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, or use any content without our express written permission.
To the fullest extent permitted by law, Peaks Optical Solutions shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our website, products, or services. Our total liability shall not exceed the amount paid for the product or service in question. Nothing in this section limits Peaks Optical Solutions' rights and remedies under Sections 6 and 8 with respect to unpaid or defaulted Accounts.
These Terms of Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes shall be resolved in the courts of Ontario.
If you have any questions about these Terms of Service, please contact us at:
Peaks Optical Solutions
Email: info@peaksoptical.com
Website: peaksoptical.com
