Audacious Designs LLC Terms and Conditions
Agreement between User and https://www.audaciousdesigns.design
Welcome to https://www.audaciousdesigns.design. The https://www.audaciousdesigns.design website (the "Site") is comprised of various web pages operated by Audacious Designs LLC ("Audacious Designs"). https://www.audaciousdesigns.design is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.audaciousdesigns.design constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://www.audaciousdesigns.design is an E-Commerce Site.
Selling of Home Furnishings, Home Good, and Design Services
Privacy
Your use of https://www.audaciousdesigns.design is subject to Audacious Designs's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting https://www.audaciousdesigns.design or sending emails to Audacious Designs constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Audacious Designs is not responsible for third party access to your account that results from theft or misappropriation of your account. Audacious Designs and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Audacious Designs does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.audaciousdesigns.design only with permission of a parent or guardian.
Terms of Sale
At Audacious Designs, we do our due diligence to ensure the accuracy and reliability of our site content; however data errors may occur, and we make NO WARRANTY as to the site’s accuracy and reliability. Due to this we reserve the right to correct any improperly priced item at any time, even if you have already placed your order. If a pricing error is discovered after credit card processing, we will void the sale, issue a refund via the original payment method, and promptly notify you. Once this has been completed you will have to repurchase the item at the correct price if you choose to obtain it.
At Audacious Designs we are continually maintaining and updating our site inventory; In very rare instances there are occurrences when an item may sell out before we are able to update the site. Due to the rapidly changing status all products and services we offer are subject to availability, and we fully reserve the right to impose quantity limits on any order, cancel all or any part of an order, and discontinue products and services at any time, even if you have already placed your order. If this occurs after credit card processing, we will void the sale, issue a refund via the original payment method, and promptly notify you.
If an item in your purchase is out of stock or backordered you will be notified promptly and the order will ship as soon as it becomes available. Your credit card will be charged to secure the inventory for that item with the manufacturer. This is required to secure your purchase.
Cancellation/Refund Policy
We curated the best product on the market with you in mind. We stand behind the quality and craftsmanship of everything we sell, working alongside some of the best manufacturers we take pride in consistently bringing you top quality product. We are confident that you will love everything purchased from Audacious and we take your satisfaction as a top priority of serving you to the fullest. We do understand that on occasion orders may need to be returned and we do our absolute best to ensure your properly accommodated and your experience is one of excellence. We have outlined our return policy below.
Is my order eligible for a return?
Most items shipped from our Audacious warehouse that are unused and in the original packaging are eligible for returns within 30 days of delivery. On the item detail page under you can find out the return eligibility of each item. Returns over $150 are subject to a restocking fee of 20% and must be unused and include the original packaging. Shipping expenses are paid for by the customer and a return label will be issued by Audacious.
You can view the full return policy here: https://www.audaciousdesigns.design/return-policy
Links to Third Party Sites/Third Party Services
https://www.audaciousdesigns.design may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Audacious Designs and Audacious Designs is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Audacious Designs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Audacious Designs of the site or any association with its operators.
Certain services made available via https://www.audaciousdesigns.design are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.audaciousdesigns.design domain, you hereby acknowledge and consent that Audacious Designs may share such information and data with any third party with whom Audacious Designs has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.audaciousdesigns.design users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.audaciousdesigns.design strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Audacious Designs that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Audacious Designs or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Audacious Designs content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Audacious Designs and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Audacious Designs or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Audacious Designs from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Audacious Designs Content accessed through https://www.audaciousdesigns.design in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Audacious Designs, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Audacious Designs reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Audacious Designs in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AUDACIOUS DESIGNS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
AUDACIOUS DESIGNS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. AUDACIOUS DESIGNS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUDACIOUS DESIGNS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AUDACIOUS DESIGNS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Audacious Designs reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Audacious Designs as a result of this agreement or use of the Site. Audacious Designs's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Audacious Designs's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Audacious Designs with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Audacious Designs with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Audacious Designs with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Audacious Designs reserves the right, in its sole discretion, to change the Terms under which https://www.audaciousdesigns.design is offered. The most current version of the Terms will supersede all previous versions. Audacious Designs encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Audacious Designs welcomes your questions or comments regarding the Terms:
Audacious Designs LLC
P.O. Box 7908
Midland, Texas 79708
Email Address:
customerservice@audaciousdesigns.design
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Effective as of January 01, 2023
