TERMS AND CONDITIONS OF SALE
RIGHT OF COMMERCE:
Audacitee Inc. reserves the right to provide Estimates and create and accept Production Orders and undertake production jobs at its sole discretion.<br>
Except upon the rare occasion where so authorized in advance, full payment must be provided prior to the start of any production by Audacitee Inc.. That payment may be made through either an ACH bank checking account debit, a mailed certified bank draft, or through the presentation of a valid active credit card (Visa or Mastercard) .
On all order amounts that total under $5,000, payment must be tendered for the full amount of the invoice immediately upon the agreement to and the acceptance of the order, prior to the start of any custom production by Audacitee Inc.
On order amounts over $5,000, payment may be provided to Audacitee Inc. in two stages: 50% of the accepted Estimate's total amount, payable prior to beginning the production process; 50% payable upon the completion of production process and prior to the shipment of any product to the customer.
If any adjustments or changes are required from the information presented in the agreed upon Estimate (i.e. changes in production, services, quantity, shipping, etc.), a new ACH or credit card processing will be created to cover the changes in the final invoiced total for the job. These adjustments will be billed automatically and immediately by Audacitee Inc. using the same payment method presented previously by the Customer, and will not require any new authorization or confirmation from the Customer for said billing.
In the rare circumstance where credit terms are offered, payment must be tendered within 30 days of the Invoice Date. An Invoice will be created immediately upon the start of production and sent to the Customer at once, with payment due 30 days after that date. Failure to pay the Invoice amount within 30 days after the Invoice Date will bring to bear interest charges, assessed at the highest rate allowed by law. Payment terms are only offered with the express written consent of Audacitee Inc., and will require the full completion of a credit application prior to the granting of terms. In nearly all cases, net credit terms will not be granted, as payment by ACH or credit card is the preferred method of invoicing.
ALL ORDERS FINAL AS PLACED.
Once confirmed by the customer, either through verbal authorization, in writing or by electronic transmission, all orders as submitted and processed via the web site, email, phone, fax or mail are final. Any changes requested to be made to an order after confirmation are made at the sole discretion of Audacitee Inc. Should Audacitee Inc. agree to change a confirmed order, the Customer will be charged a $15 change order fee, and most likely these changes also will require a change to be made to the invoiced amount, the production schedule and the completion dates for shipping and production. Again, all of these changes are also made at the sole discretion of Audacitee Inc.
Once confirmed, any errors, inaccuracies or omissions made during the placement and/or production of an order shall be the sole responsibility of the Customer.
No cancellations of orders will be accepted after receipt of confirmation, except with the express written consent of Audacitee Inc.. If consent to cancellation is provided by Audacitee Inc., Customer will be invoiced $50 plus the cost of all labor and materials used, changed or provided prior to the consented cancellation notice. Invoiced amounts will be billed as detailed under the Payment Terms above. An overrun or underrun within 5% of the original order will be considered acceptable for the completion of that order, with the final quantity provided used to adjust the billed total to the Customer.
Audacitee Inc. and its partners, vendors and assigns assumes no responsibility for researching or authenticating the rights held by any Customer to any trademark, as it relates to any design or logo reproduced on behalf of a Customer. Any and all liability for any act of trademark infringement rests with the Customer, and Customer shall indemnify Audacitee Inc. against any and all actions resulting from trademark issues. Standard production times are posted on the Art Policy pages for screen printing and embroidery.
Due to the variations inherent in the processes used in producing screen printed and embroidered designs, Audacitee Inc. assumes no responsibility and makes no guarantees regarding exact color matches of product or production, either within an order or in a reorder. Note that like-named colors used by apparel manufacturers are not necessarily an exact shade match.
Once confirmed and produced, all invoices for product and services will be charged and billed to the customer regardless of circumstance. If a production error is made and acknowledged by Audacitee Inc. in writing, then corrected replacement goods will be provided to the Customer by Audacitee Inc. once the goods shipped in error have been returned to the authorized return address supplied.
ERRORS AND RETURNS.
Unless a clear production error has been made by an employee or contractor of the Audacitee Inc. that is in obvious conflict with the specifications provided on the confirmed production order, no returns of decorated merchandise will be accepted. Audacitee Inc. retains the sole and complete discretion to authorize (or refuse to authorize) the return of any product purchased by Customer. ANY AND ALL RETURNS MUST BE PRE-AUTHORIZED BY Audacitee Inc.! THIS PRE-AUTHORIZATION IS ONLY COMPLETE UPON PROVISION OF
A RETURN AUTHORIZATION NUMBER AND RETURN SHIPPING ADDRESS!
To receive a Return Authorization Number, please email us at firstname.lastname@example.org.
Any replacement goods requested by the Customer for orders already completed and for which Audacitee Inc. does NOT acknowledge a production error will require the Customer to place a new production order with Audacitee Inc. No replacement goods will be provided unless Audacitee Inc. clearly states so in writing. Further, if a production error is made and acknowledged by Audacitee Inc. in writing, then corrected replacement goods will be provided to the Customer once the goods shipped in error have been returned to the authorized return address supplied.
In the case of an order cancellation prior to production, all returns of undecorated product to the mill or distributor from which it was secured (if requested prior to production) will incur a 20% restocking fee (with a minimum restocking fee of $5.00) unless a shipping or inventory error is acknowledged IN WRITING by Audacitee Inc..
All returns must be made as directed by Audacitee Inc.. Therefore, Customer shall be required, prior to making any and all returns, to prominently write a Return Authorization Number on the box in which the product is to be returned, along with the proper return shipping address. Again, Audacitee Inc. shall provide both the Return Authorization Number and the return address to the Customer prior to ANY return shipment.
The amount charged for the outbound shipping of the product(s) to the Customer is not refundable under any circumstances. The cost of return shipping back to the return address provided by Audacitee Inc. (i.e. all return freight and/or delivery charges) is the responsibility of the Customer unless specifically waived IN WRITING and in advance of such return by the Audacitee Inc.. Returns will only be accepted for goods that have not been worn, washed or altered in any way, and only if the product is in the same new and unblemished condition as when it was shipped.
Further, no returns will be authorized or accepted for any products unless a Return Authorization request is made by the Customer within 24 hours after delivery of the goods to Customer. Defective products must have tape placed over flaw before returning. Refunds will be issued at the invoice price of the returned goods less any restocking fee, and will not include a refund or credit for any shipping charges. All refused and/or unclaimed shipments will be held by Audacitee Inc. for new shipping instructions, but no refunds will be provided or credits issued simply because a Customer refuses to accept a shipment of product.
DO NOT RETURN ANY MERCHANDISE TO THE Audacitee Inc. ADDRESS LISTED ON ANY OF THE PACKING SLIPS, WITHOUT EXPRESS PERMISSION PROVIDED BY Audacitee Inc. IN ADVANCE OF SAID RETURN! Any return made to the Audacitee Inc. without written pre-authorization will be refused and returned to the Customer. Any returns made to the administrative offices will not be forwarded or shipped to the proper return location unless and until any and all shipping fees are paid to Audacitee Inc. in advance for this shipment forwarding.
Any product shortage found by the Customer requires notification to our headquarters within 24 hours of delivery receipt. Notice of shortage may be made by phone, email or fax. Every effort will be made to ship missing items within 48 hours of notification and acknowledgement by the Audacitee Inc. of such shortage. All shipments of missing product shall be sent UPS Ground; no overnight shipping or rush processing will be provided to replace missing inventory. Failure to notify the Audacitee Inc. within 24 hours of delivery receipt will act as Customer's agreement and acknowledgement that all goods ordered by Customer have been received by the Customer in full and in good, usable and/or merchantable condition.
If any of the product colors or sizes ordered by the Customer are not in inventory in any of Audacitee Inc.'s warehouses located throughout the USA, Audacitee Inc. reserves the right to substitute similar colors or sizes at its sole discretion. Typically, the Audacitee Inc. will not substitute style numbers but reserves the right to do so when the styles ordered are nearly identical to a suitable replacement style.
If no suitable product substitution is available for shipment, an email notice concerning this unavailability of product will be sent to the Customer (generally within 24 hours of submitting the original order, but no such guarantee of this time frame is made). Said email will request instructions from the Customer on how to proceed with the order (e.g. request for different style, cancellation of order, etc.). The original order submitted by Customer will be placed on hold by Audacitee Inc. until such instructions are received from the Customer via email, fax or phone.
If less than half of the goods ordered are not available in inventory from Audacitee Inc.'s warehouse network and no suitable substitute product is available, then those product pieces that are available as set forth in the Customer's order will be shipped as directed and the items not then available in inventory will be eliminated from the order and the purchase price amount will be adjusted (i.e. the order will be filled with the product available and the purchase price adjusted for the non-available items). If more than half of the goods ordered are not in inventory, the entire order will be placed on hold until instructions are provided by Customer with regards to Customer's wishes regarding substitution of product(s) or cancellation of the order submitted by Customer.
Audacitee Inc. will attempt in all instances to use the least expensive method of shipping finished product to the Customer. If a deadline is provided to Audacitee Inc. by which the product must be received by the Customer, then the method of shipping may require the use of expedited Overnight or Second Day shipping to meet that deadline. Audacitee Inc.reserves the right to select these expedited methods of shipping when a deadline is listed, and the Customer agrees to pay for the additional costs involved with said expedited shipping. IF EXPEDITED SHIPPING IS NOT TO BE USED, THEN CUSTOMER MUST MAKE A NOTATION ON HIS OR HER ORDER STATING THAT ONLY STANDARD GROUND SHIPPING SERVICES ARE TO BE USED REGARDLESS OF SHIPPING DEADLINES.
Audacitee Inc. is not responsible for loss or damage of products in transit. Customer will be responsible for checking shipment upon delivery for total product count and condition. Any shortage in total product count or evidence of damage to goods must be noted and reported to the carrier's office. All claims must be filed with the carrier within 24 hours from the date of loss or damage.
LIMITATION ON DAMAGES.
Audacitee Inc. will not be liable for any loss of profit, interruption of business or any other special, consequential or incidental damages suffered or sustained by Customer. Any and all damages incurred by Customer (or allegedly incurred by Customer) shall, in any and all cases, be limited to the refund of the purchase price of the product purchased by Customer (provided that all of the terms and conditions herein are satisfied).
Further, by placing an order for products through Audacitee.com, Customer acknowledges and understands that Audacitee Inc. is not the manufacturer of any product purchased by Customer and - that Audacitee Inc.'s role is that of an authorized distributor of the products available for purchase on the Audacitee Inc. website. As such, Audacitee Inc. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY PRODUCT SO PURCHASED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF USE, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
In no event shall Audacitee Inc. 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 any product offered for sale on this web site, or otherwise arising out of the use of this site, whether based on contract, tort, negligence, strict liability or otherwise, even if Audacitee Inc. 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 the Customer.
CHARGE-BACK FEES AND OTHER BANK FEES.
Customer understands and agrees that all products purchased, produced and shipped are considered a final sale for which no refunds will be given or provided except as expressly provided herein. As such, Customer agrees and acknowledges that by purchasing any product from Audacitee Inc., Customer shall be solely responsible for and shall bear (and/or reimburse) CLF for any bank fees, charge-back fees, or fees billed or charged to Audacitee Inc. from any credit card company, merchant bank or other source of payment that is issued at the request of the Customer outside of the expressly provided methods of return. Stated another way, should the Customer request a refund or chargeback from any credit card company, merchant bank or other source of payment processor against the purchase of Audacitee Inc. products, and should said card company, merchant bank or other payment provider debit any portion of an invoice payment made to Audacitee Inc. and thereafter impose any fees to Audacitee Inc. at the request of said Customer, Customer shall reimburse Audacitee Inc. for the amount of said charge back fee and the initial purchase amount (the "total amount"). Further, by purchasing any product from Audacitee Inc., Customer expressly authorizes Audacitee Inc. to collect the stipulated payment/charges to be made to Customer's credit card account or checking account (the same being the method of payment presented previously by the Customer) in the amount of said "total amount" plus a twenty-five percent (25%) administrative fee to cover the costs and time involved with this payment re-collection process. Customer acknowledges and agrees that the policy set forth in this paragraph provides for reimbursement to Audacitee Inc. for chargeback or bank fees incurred, is fair and reasonable and is not a penalty clause or provision.
ACKNOWLEDGEMENT AND AGREEMENT TO TERMS AND CONDITIONS.
The Terms and Conditions of contained herein are the exclusive terms and conditions for the sale of products from Audacitee Inc. to Customer through Audacitee.com or other Audacitee Inc. web sites. Customer agrees that the terms and conditions stated herein constitute the final, complete, exclusive expression of the agreement between Audacitee Inc. and Customer. Customer, by submitting any order or request for an order, hereby agrees to the terms and conditions set forth herein and acknowledges that Customer has read and understands the same. In the event that any Customer instruction, request, purchase order or any other information and/or documentation submitted by Customer may contain terms and conditions in addition to or different from the terms and conditions herein, Customer agrees, by so submitting its order or by accepting products from Audacitee Inc., that the language of the Audacitee Inc. terms and conditions shall solely and exclusively control. Any and all new or additional terms contained on any Customer instruction, request, purchase order or any other information and/or documentation submitted by Customer is hereby expressly and completely rejected. Acceptance of Customer's order for products from Audacitee Inc. is expressly limited to these terms and conditions. By submitting an order, requesting to purchase any product, or taking receipt of Audacitee Inc. products, Customer consents to the exclusive jurisdiction of the state and federal courts located in the State of Washington.
If Customer does not wish to be bound by these Terms and Conditions, Customer should not submit any order or make any type of purchase and should exit all web sites related to Audacitee Inc. now!