TERMS AND CONDITONS
Welcome to En Avance. The following Terms of Service and any other rules posted on our site constitute an agreement between En Avance and you, the visitor, governing your access and use of all content and functionalities available at the En Avance website, related micro-sites accessed through the URL www.enavance.com, related domain names, and any other website or micro-site of En Avance.
By visiting the site, you are accepting and consenting to the practices described in the Terms of Service. We may modify the Terms of Service from time to time and your continued use of this site following such change shall signify your agreement to be bound by the modified Terms of Service.
Please read the Terms of Services and check back often. If you do not agree to any change to the Terms of Service, then you must immediately stop using the website.
To use some of the services or features made available to you on this website you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address email@example.com. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorized use of your account. Although En Avance will not be liable for your losses caused by any unauthorized use of your account, you may be liable for En Avance’s losses or others due to such unauthorized use.
ELIGIBILITY OF PURCHASE
The purchase of merchandise through En Avance is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of Florida.
In order to make purchases on the website you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The website is available only to individuals and others who meet the terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to En Avance, and who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Beauty products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, En Avance reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where En Avance feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
Prices shown on the website are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipped to the State of Florida. No other tax or import duty will be applied to orders shipped within the USA.
All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during selling period.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from the carrier or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and En Avance will be perfected when we dispatch the goods to you at which time you will receive a second email containing you tracking number, and confirming that your order has been dispatched. The sale contract is therefore concluded in the State of Florida, USA, and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms of Service.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the website whether or not that merchandise has been sold, removing, screening or editing any materials or content on the website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by major credit/debit cards such as Visa, MasterCard, American Express, and any other methods, which may be clearly advertised on the website from time to time. Payment will be debited and cleared from your account upon completion of the packing of your order by En Avance. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.
If the issuer of your credit/debit card refuses to authorize payment to En Avance, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email immediately.
Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.
We take reasonable care to make our website secure. All credit/debit card transactions on this website are processed using Shopify, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple and secure, En Avance uses Secure Socket Layer (SSL) technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the website.
INSURANCE AND DELIVERY
En Avance insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by En Avance, and transfer of responsibility in the same way.
The signature can be waived for domestic orders dispatched via UPS. When placing an order, the signature requirement is set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that En Avance can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorize En Avance to leave the package(s) at the shipping address without obtaining a signature and release and indemnify En Avance from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, En Avance are not responsible for any delays caused by destination customs clearance processes.
GENERAL LEGAL TERMS
(a) Complete Terms: The Terms of Service constitute the whole legal agreement between you and En Avance and govern your use of the services and completely replace any prior agreements between you and En Avance in relation to the services. Notwithstanding the foregoing, you understand that En Avance may make changes to the Terms of Services from time to time. When these changes are made, En Avance will make a new copy of the Terms of Services available at http://www.EnAvance.com. You agree that En Avance is under no obligation to provide you with notices regarding changes to the Terms of Services. You understand that it is your responsibility to check the Terms of Services regularly for changes.
(b) Modifications to the Services: En Avance is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the services that En Avance provides may change from time to time without prior notice to you. You further acknowledge and agree that En Avance may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at En Avance's sole discretion, without prior notice to you.
(c) Confidentiality: You understand that En Avance grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. En Avance reserves the right to revoke these exceptions either generally or in specific cases.
(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the Terms of Services. You understand that you are solely responsible for (and that En Avance has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Services and for the consequences including any loss or damage which En Avance may suffer) of any such breach.
(e) Rights Not Waived: You agree that if En Avance does not exercise or enforce any legal right or remedy which is contained in the Terms of Serivces (or which EN AVANCE has the benefit of under any applicable law), this will not be taken to be a formal waiver of En Avance's rights and that those rights or remedies will still be available to En Avance.
(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable.
(g) Governing Law: The Terms of Service, and your relationship with En Avance under the Terms of Serivce, shall be governed by the laws of the State of Florida. You and En Avance agree to submit to the exclusive jurisdiction of the State and Federal courts in Miami, Florida, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
(h) Violation of Terms of Service: Please report any violations of the Terms of Serviceby emailing us to: firstname.lastname@example.org
(i) Independent Relationship: You and En Avance are independent contractors, and these Terms of Service, including but not limited to submission or distribution of any content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and En Avance. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the Terms of Service. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the Terms of Service.