Terms and Conditions
Terms of Sale
Please read these conditions carefully before using this website. By using the !Audacious Resources website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future !Audacious Resources service you will also be subject to the guidelines and conditions applicable to that service.
1. The Contract Between Us
We must receive payment of the whole of the price for the goods or services that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2.1. The prices payable for goods or services that you order are as set out in our website.
2.2. You will be required to pay extra for delivery of goods and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
2.3. Despite our best efforts, on rare occasions the prices displayed on our website may contain errors. Where this happens, we will do one of the following:
2.3.1. if the correct price is lower than the price displayed on our website, we will charge you the lower price and fulfil the order; or
2.3.2. if the correct price is higher than the price displayed on our website, we will at our discretion, either contact you for instructions before despatching the equipment, or cancel your order, or part of your order, and notify you of such cancellation.
3. Right for You to Cancel Your Contract
3.1. You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2. You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
3.3. To cancel your contract you must notify us in writing.
3.4. If you have received the goods before you cancel your contract then (unless under clause 3.2, you do not have a right to cancel) you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.5. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
3.6. You will not have the right to cancel if you have ordered services and performance of those services has begun with your agreement. However, this only applies if we have informed you in writing or in another durable medium – before the contract is concluded – that you do not have the right to cancel in such a situation.
4. Cancellation by Us
4.1. We reserve the right to cancel the contract between us if:
4.1.1. we have insufficient stock to deliver the goods or capacity to provide the services you have ordered;
4.1.2. we do not deliver to your area; or
4.1.3. one or more of the goods or services you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.2. If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of Goods to You
5.1. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
5.3. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6.1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem with 10 working days of the delivery of the goods in question.
6.2. If the services we provide are not what you ordered we shall have no liability to you unless you notify us in writing at our contact address of the problem with 10 working days of the delivery of the goods in question.
6.3. If you do not receive the goods or services ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
6.3.1. to make good any shortage or non-delivery;
6.3.2. to correct any typographical errors or minor mistakes caused by us in any material displayed on our website on your behalf ;
6.3.3. to replace or repair any goods that are damaged or defective; or
6.3.4. to refund to you the amount paid by you for the goods or services in question in whatever way we choose.
6.4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods or services in question under clause 6.2.3 above.
6.5. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, imports or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export of the goods you purchase.
6.6. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.