Terms of service

Terms of Service

This website is operated by Audacem. Throughout the site, the terms "we," "us," and "our" refer to Audacem. Audacem offers this website, including all information, tools, and services available from this site, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage with our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms and Conditions"), including those additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, suppliers, customers, merchants, and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Service Changes and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We will not be liable to you or any third party for any changes, price changes, suspension, or discontinuation of the Service.

Section 5 - Products or Services

Some products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or replacement only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the store. However, we cannot guarantee that your monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Return Policy.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Third Party Links

Certain content, products, and services available through our Service may include materials from third parties.

Links to third-party websites on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party materials or websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services.

We are not liable for any damages or harm related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 9 - User Comments, Feedback, and Other Submissions

If you submit certain specific submissions (e.g., contest entries) to us at our request or without our request, including creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium the comments you submit to us. We have no obligation to (1) keep any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 10 - Personal Information

The submission of personal information through the store is governed by our Privacy Policy, which you can find on our Site.

Section 11 - Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the Site or its contents: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any local, international, federal, provincial, or state regulations, rules, laws, or ordinances; (d) to infringe or violate our intellectual property rights or the rights of others; (e) to harass, abuse, insult, harm, defame, denigrate, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may or may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that we may, from time to time, remove the Service for indefinite periods of time or cancel the Service at any time without notice.

You expressly agree that your use or inability to use the Service is at your own risk. The Service and all products and services provided through the Service are provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Audacem, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any damages, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost savings, loss of data, replacement costs, or other similar damages, whether arising in contract, tort (including negligence), strict liability, or otherwise, arising from the use of any Service or any product purchased through the Service, or for any other claim relating in any way to the use of the Service or any product, including, without limitation, errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend, and hold Audacem and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 15 - Severability

If any provision of these Terms of Service is determined to be illegal, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Accordingly, we may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any operating rules or policies posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Applicable Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Italy.

Section 19 - Changes to the Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Terms and Conditions for Text Messages for Marketing Purposes

By accepting Audacem's SMS marketing option during checkout or subscribing through our subscription means, you agree to receive text messages with varying frequency (related to your order, including reminders for abandoned checkout), SMS marketing offers, and other messages, including review requests from us. Consent is not a condition of purchase.

To stop receiving marketing messages and SMS notifications, reply STOP to any message we send or use the unsubscribe link provided in any of our messages. You understand and agree that alternative methods of unsubscribing, such as using other words or means of request, will not be considered a reasonable way to unsubscribe. There is no charge for the service, but you are responsible for all fees and charges associated with text messaging provided by your carrier. Message and data usage charges may apply.

If you have any questions, please send the HELP message to the number from which you received text messages. For more information, you can also contact us here or by emailing support@audacem.com.

We reserve the right to change the phone numbers or abbreviated codes used to administer the service at any time. You will be notified of such changes. You agree that any message sent to a phone number or abbreviated code we modify, including STOP or HELP requests, may not be received, and we will not be responsible for fulfilling requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be held liable for the failure, delay, or misdelivery of any information sent through the Service, for any errors in such information, and/or for any action you may or may not take in reliance on the information or the Service.

Your right to privacy is important to us. You can review our privacy policy here to understand how we collect and use your personal information.

Section 21 - Contact Information

For any questions regarding these Terms of Service, please contact us via email at info@audacem.com or by mail at the following address:

PEVO GROUP sp. z o. o.
ul. Kielecka 41A/8
02-530 Warszawa
Poland