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Terms of Use

Welcome to Encolourstudio.com, a website owned and operated by Encolour. These terms of use ("Terms of Use") govern your use of the Encolourstudio.com website. By using, visiting, or shopping ("Service") at the Encolourstudio.com website you signify and affirm your informed consent to these Terms of Use and any other policies applicable to your use on the Encolourstudio.com website.

1:  Legal Agreement

Throughout the site and in these Term of Use, the terms “we”, “us” and “our” refer to Encolour, and “site” refer to Encolourstudio.com. Encolour offers this website, including all information, tools and services available from this site to each visitor or user (refer as “user” or “you”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Any new features or tools which are 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.

By using our Services, you acknowledge that you have read our Privacy Policy available at http://www.encolourstudiocom/privacy-policy (“Privacy Policy”).

2: Prohibited uses of site

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content:

 

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Encolour endorses you;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) use any illegal action to collect any personal info and/or login data for other websites, third parties, software or services;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose;

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services. 

3: Copyrights

All content included on the Site, including, without limitation, text, articles, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, and other material on the Site ("Content") is the property of Encolour or its licensors, product suppliers or content suppliers (including users who supply Content) is protected by applicable copyright laws.  The design, selection, arrangement, coordination, and compilation of all Content on the Site are the exclusive property of Encolour and are protected by applicable copyright laws.  All software used on the Site is the property of the software suppliers and is protected by applicable copyright laws.

4: Third party content, Optional tools and Third party links

Our store is hosted on Wix(“Wix.com Ltd” or "Wix.com"). Wix provide us with the online e-commerce platform that allows us to sell our products and services to you.

Certain content, products and services available via our Service may include materials from third-parties. We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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.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.

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 tools are provided by the relevant third-party provider(s).
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


We are not liable for any harm or damages 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 you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
 

5: Submission of Reviews and other User content

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal 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 any comments that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or 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 libelous 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.

6: Personal Information

Certain parts of using the site require or involve the submission, collect and/or use of certain personal information or identifiable information. Through the store is governed by our Privacy Policy (www.encolourstudio.com/privacy-policy). We highly encourage you to read our Privacy Policy and each third party services’ relevant policy.

7: Modification to Terms of Use and Prices

Encolour reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use and prices for products from time to time without providing any prior notification. It is your responsibility to check these Terms of Use each time before using the Site. The amended Terms of Use are effective from the date they are published on the Site. Your continued access and use of the Site and our service following the posting of changes will mean that you unconditionally accept and agree to the latest version of the Terms of Use. You agree that all subsequent purchases by you, all Submissions and all other uses of the Site will be subject to the terms and conditions of these Terms of Use, which shall apply until Encolour posts a modified Terms of Use and then in accordance with such modified Terms of Use.

 

8: Cosmetic and Personal Care Products

8.1 Purchase of Cosmetic and Personal Care Products
Encolour may offer cosmetic and personal care products, including but not limited to skin care products, makeup and fragrances, for sale through the Site. By purchasing such products you represent and warrant that you have consulted with an appropriate medical professional with respect to your use of such products and you have obtained all necessary prescriptions and other approvals and documents required in connection with your purchase and use of such products.

8.2 No Professional Advice; Risk of Use

All information supplied through the Site or by any Encolour Party (“Social Media Accounts’’), whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance and does not constitute medical or other professional advice. The Site does not and is not intended to provide any information to diagnose, mitigate, prevent, treat or cure any disease or condition. Health-related information provided through the Site is not a substitute for professional medical advice. You must consult your personal physician or other healthcare professional before making medical decisions and before making purchasing decisions related to cosmetics and personal care products. You must carefully read and follow all product label information and the recommendations of your physician or other healthcare professional before using any cosmetic or personal care products. None of the information available through the Site constitutes a recommendation or solicitation to take or not take any particular action.

 

9: Payment for Product Purchase

Encolour offers a variety of payment methods on the Site for the convenience of customers. Please note that each of the payment methods discussed below may not be available at all times. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.

If you pay by credit card, your card issuer agreement governs your use of your card, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT ENCOLOUR, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Encolour of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you in all respects and for all purposes. If we does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Encolour or its agents.

 

If payment is made by PayPal® or Alipay, the user agreement for the PayPal or Alipay service, respectively, will govern your use of that service, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a PayPal or Alipay member.  YOU, AND NOT ENCOLOUR, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYPAL OR ALIPAY ACCOUNT BY A THIRD PARTY.  You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Encolour of any discrepancies within sixty (60) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes.  If Encolour does not receive payment through the PayPal or Alipay service, you agree to pay all amounts due upon demand by us or its agents.

Encolour may also offer customers in certain jurisdictions the option to pay by check, money order, direct deposit to specified our bank accounts or cash on delivery (“COD”).

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.

 

10: Products Description, Information and Price

Encolour cannot confirm the price of a product until you order.  It is possible that the price for a product may increase or decrease between the time that the product is placed in a “shopping cart” or “shopping bag” and the time the purchase is actually made.  Also, despite our best efforts, a small number of the products on the Site may inadvertently display incorrect prices.  If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Encolour, We may either (a) contact you for instructions before shipping the product or charging you for such product or (b) cancel the order for such product and notify you of such cancellation.

Encolour will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, that contain other incorrect information or typographical errors  or that are unavailable for any reason. We will have this right regardless of whether the order has been confirmed or your credit card or other payment service has been charged.  If your credit card or payment service has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card or payment service in the amount of the charge.

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.


11: Order Processing, Shipment, Returns, Warranties

11.1 Order Acceptance

The offer and acceptance of orders will be subject to the terms of the third paragraph of these Terms of Use. Encolour may confirm its receipt of your acceptance by sending a confirmation to the e-mail address that you provide.

11.2 Passage of Title

Title to products and risk of loss of products, passes to you upon delivery to the common carrier selected by us to deliver your order.
You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity.  Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of Encolour's agreement to sell products to you.

11.3 Returns

Encolour accepts returns of most defective products, products damaged in shipping and incorrect colours, in accordance with the terms and conditions posted from time to time at our Return Policy (www.encolourstudio.com/shipping-policy)

Replacement or returned products will be made in accordance with the Return and Refund Policy.

 

12 - Disclaimer of Warranties and Limitation of Liability


We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either 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 case shall Encolour, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any 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 via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the 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.

 

13: Indemnification

You agree to defend, indemnify and hold harmless Encolour and all of our directors, employees, and contractors, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, or other liability which may be incurred by us arising from or related to the use of the Site and any Content available on the Site, any breach of these Terms of Use, covenants, warranties, representatives, agreements herein and/or any Submissions submitted, in each case by you or any user of any of your accounts.

Last update: 4 July 2021​

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