Website Usage

Rules governing your use of this website.

Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Encore Concepts. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Encore Concepts. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Encore Concepts. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Encore Concepts used in the site are trademarks or registered trademarks of Encore Concepts.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Encore Concepts disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Encore Concepts does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Encore Concepts does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Encore Concepts shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Encore Concepts has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that an Encore Concepts product is mistakenly listed at an incorrect price, Encore Concepts reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Encore Concepts reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Encore Concepts shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Encore Concepts without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Encore Concepts may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Encore Concepts.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Georgia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Encore Concepts products) shall be in the state or federal courts located Cobb County, Georgia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Encore Concepts products) must be commenced within one (1) year after the claim or cause of action arises. Encore Concept’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Encore Concepts may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Encore Concepts or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Encore Concepts does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Encore Concepts is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Encore Concepts reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Encore Concepts in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Encore Concepts, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Encore Concepts may link to sites operated by third parties. However, even if the third party is affiliated with Encore Concepts, Encore Concepts has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Encore Concepts. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Encore Concepts seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Guard Your User ID and Password

Encore Concepts provides services to its merchants that may be accessed by using a User ID and Password. If you are a merchant user, you agree to safeguard your User ID and Password. You authorize us to assume that any person using the Site with your User Name and Password either is you or is authorized to act for you. You may use these merchant services only while you are a registered user.

Photography

Encore Concepts makes every effort to display accurate pictures and colors of our products on Encore Concepts.com. However, the colors you see will depend on your monitor, and we cannot guarantee that your monitor’s display will be accurate.

Pricing

The prices displayed on this website are quoted in U.S. currency and are subject to change at any time.

General Provisions

If any of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to you and you may not transfer, assign or delegate this Agreement to anyone without the express written permission of Encore Concepts. Any attempt by you to assign, transfer or delegate this Agreement without the express written permission of Encore Concepts shall be null and void.

Orders

Minimum opening order for new accounts is $150. Minimum reorder is $150.
All new wholesale accounts must complete the Company Information form on this website.

Back Orders

All back orders will be shipped in the next delivery period, unless written communication is received by Encore Concepts.

Return Policy

An authorization number is required for all returned merchandise. All returns, other than those for defective product, are at customer’s expense. There will be a 20% restocking fee, as well as the customer being responsible for freight to and from the distribution center. Merchandise without a return authorization # will be refused. Customer orders that are refused at time of delivery will be charged a 20% restocking fee. Authorization numbers may be obtained by emailing us.

 

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