Terms & Conditions

Effective Date: 1st July 2024

Welcome to Encore Beauty. This document outlines the Terms and Conditions and Privacy Policy applicable to the use of our website and services. By accessing or using our Site, you agree to be bound by these Terms and Conditions and our Privacy Policy.

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Terms and Conditions

1. Interpretation

In these conditions:

• Buyer means the buyer of the goods.
• Seller means the seller of the goods specified overleaf.
• Goods means the products and, if any, services specified on the site.
• Order means the order for the goods constituted by this document.

2. General

The acceptance of this order by Encore Beauty Pty Ltd includes acceptance of the terms and conditions as the sole basis of the sale to the exclusion of any conditions of sale appearing on any document of Encore Beauty Pty Ltd.

3. Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Encore Beauty Pty Ltd or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Encore Beauty Pty Ltd with copyright authorship for this collection by Encore Beauty Pty Ltd, and protected by international copyright.

4. Trademarks

Encore Beauty’s trademarks may not be used in connection with any product or service that is not Encore Beauty’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Encore Beauty. All other trademarks not owned by Encore Beauty or its suppliers or subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with or connected to Encore Beauty or its subsidiaries.

5. Licence and Site Access

Encore Beauty grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Encore Beauty. This license does not include any resale or commercial use of this site or its contents. You may not use data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Encore Beauty.

6. Risk of Loss

All items purchased from Encore Beauty Pty Ltd are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

7. Product Descriptions

Encore Beauty and its associates attempt to be as accurate as possible. However, Encore Beauty does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Encore Beauty itself is not as described, your sole remedy is to return it in unused condition.

8. Disclaimer of Warranties and Limitation of Liability

This site is provided by Encore Beauty on an “as is” and “as available” basis. Encore Beauty makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Encore Beauty disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

9. Applicable Law

By visiting Encore Beauty, you agree that the laws of the state of New South Wales, Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Encore Beauty Pty Ltd or its associates.

10. Disputes

Any dispute relating in any way to your visit to Encore Beauty or to products you purchase through Encore Beauty shall be submitted to confidential arbitration in New South Wales, Australia, except that, to the extent you have in any manner violated or threatened to violate Encore Beauty’s intellectual property rights, Encore Beauty may seek injunctive or other appropriate relief in any state or federal court in the state of New South Wales, Australia, and you consent to exclusive jurisdiction and venue in such courts.

11. Encore Beauty Site Policies

Please review our other policies, such as our Deliveries and Returns policy, posted on this site. These policies also govern your visit to Encore Beauty. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time.

12. Prices

All prices indicated for products available via the Site are inclusive of GST (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the Delivery section of the Site.

13. Placing an Order and Order Acceptance

You place your order request for goods from the Encore Beauty Site by clicking on the Submit button at the end of the on-line order process. Once you have placed your order, we will send you an email acknowledgement providing you with the details and value of your order, which has been debited to your selected payment account. This is not an order acceptance from Encore Beauty. Our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you.

14. Our Right to Cancel Your Order

If we reasonably believe, in our sole discretion, that your completion of your order may result in the violation of our Terms and Conditions we may, with or without notice, cancel or reduce the quantity of your order. If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this.

15. Payment

You may pay for your order using Visa, Mastercard, Apple Pay, Afterpay, Zippay or Direct Deposit. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not authorise payment to us, we will not be liable for any delay or non-delivery.

16. Title to Goods

We will retain the legal ownership of the goods until the dispatch of the goods to you and full payment for the goods being received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

17. Postage and Returns

All orders are delivered by Australia Post. All parcels are traceable and will be delivered via contactless means. If unavailable your delivery will be located at your nearest Post Office for collection. Any delivery times quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability for delayed delivery caused by any third party.

18. Delivery Details and Costs

All Australian orders will be sent freight free for all orders $70 and over. All other orders will incur a $12 flat rate delivery fee anywhere in Australia. Encore Beauty does not accept responsibility for parcels being lost by Australia Post; however, we ensure that all parcels are sent “signature required.”

19. Acceptance of Goods

Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy & Procedure.

20. Returns Policy and Procedure

If your order is incorrect or faulty, please contact our Customer Service Manager on 1300 770 428 (open 9am – 5pm, Monday to Friday) or by email to info@encorebeauty.com.au. Returns can only be made once authorised by our Customer Service Department. Return shipping costs are the responsibility of the customer, unless the product is defective.

21. Replacement

The seller reserves the right to replace any item ordered with a product of similar but no lesser quality if, in the seller’s discretion, the order cannot otherwise be completed.

22. Responsibility

Encore Beauty is not liable for any loss, damage or delay occasioned to the buyer or its customers arising from late or non-delivery of the products.

23. Your Account

You must provide true, accurate and up-to-date information. You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. You are responsible for ensuring that the personal information you provide to us is up to date.

24. How to Cancel Your Account

Your account can be cancelled at any time by contacting Customer Services on 1300 770 428 (open 9am – 5pm, Monday to Friday) or send an email to info@encorebeauty.com.au.