Terms & Conditions

Welcome to Encore ("Encore," "us," or "we"). By using our Web site (the "Encore Site"), you agree to these Terms of Use. If we decide to change our Terms of Use, we will post those changes on this page so that you are always aware of the rules that apply to the Encore Site.

Your use of the Encore site

You agree that you will not use any robot, spider, other automatic device, or any manual process to monitor, copy, modify, distribute, or publish any web pages within the Encore Site or the content contained thereon without our prior written consent. You also agree that you will not frame any portion of the Encore Site without our prior written consent.

Your use of and access to the Encore Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations in your use of and access to the Encore Site. In addition, you agree that: (1) you will not interfere with another member's use and enjoyment of Encore; (2) you will not interfere with or disrupt Encore' security measures; (3) you will not interfere with or disrupt networks connected to Encore, and will comply with all regulations, policies and procedures of such networks; and (4) you will comply with Canadian law regarding the transmission of technical data exported from Canada with respect to or relating to any of your dealings with Encore. You also agree to indemnify and hold Encore, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors, harmless from any loss, liability, damages and expenses (including without limitation reasonable attorneys' fees) resulting from any claim or demand made by any third party arising out of or in connection with your use of the Encore Site, your violation of these Terms of Use, or your violation of the rights of any third party.

We may terminate your Encore account or suspend your access to all or part of the Encore Site, without notice, if you violate these Terms of Use or if you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of Encore, any other Encore user, or any third party. If your account is terminated, we may, but are not required to, remove some or all of your content from our servers.

About the Encore site

All materials contained on the Encore Site, including without limitation text, graphics, icons, images and software, are the property of Encore or its content suppliers and are protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Encore. You may not alter or remove any trademark, copyright, patent or other notice from copies of content.

Encore respects copyright law and expects our account holders to do the same. Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders' rights. Encore may terminate the account of any user who Encore believes, in its sole discretion, has infringed upon the copyright or other intellectual property right of others.

Encore and all other Encore logos and trade names are trademarks or registered trademarks of Encore. All trademarks used on the Encore Site are the property of their respective owners.

Establishing an account with Encore

To order from us you must set up an Encore account. You may not transfer your account to another person, share it with anyone, or use it to impersonate anyone. You agree that you will provide us with accurate account information (such as your real name, valid e-mail and delivery addresses, and accurate, non-fraudulent payment information) and will update your account information if it becomes outdated. We may terminate your account if we are unable to verify or authenticate the information you provide to us.

You agree to help protect your account by guarding your password, and by changing it as soon as possible if you believe its security has been compromised. You also agree to notify Encore immediately if you believe your account has been used without your authorization. We may communicate with you via email and any other similar technology for purposes relating to your account, any orders you place with us, or any other services we provide to you.

For more information about how we treat the information you provide to us, you may review our Privacy Policy.

Limitation of liability

By using this site, you expressly agree that such use is at your sole risk. Encore endeavors to provide service of the highest quality, but we cannot guarantee that our service will be uninterrupted or error-free. We are not responsible for claims brought by third parties arising from your use of Encore.

Encore is a distributor and not a publisher of content (including information, data, and other material) supplied by third parties and by users like you. Neither Encore nor any of its affiliates, officers, directors, employees, or agents, or any third party content providers, merchants, sponsors, or licensors guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances shall Encore (or any of its affiliates, officers, directors, employees, or agents) be liable for any loss or damage caused by your reliance on information obtained through Encore. It is your responsibility to evaluate the information, opinion, advice, or other content available through Encore.

EXCEPT FOR THE RETURNS POLICY DESCRIBED ABOVE, Encore PROVIDES THE Encore SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR ITS OPERATION, CONTENTS, OR THE PRODUCTS SOLD ON THE Encore SITE, AND Encore DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. Encore DOES NOT REPRESENT OR WARRANT THAT INFORMATION AVAILABLE ON THIS SITE IS ACCURATE, CURRENT, OR COMPLETE.

IN NO EVENT SHALL Encore BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE, EVEN IF Encore HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING Encore, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL MERCHANDISE, SERVICES, AND CONTENT AVAILABLE THROUGH Encore. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL Encore TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID Encore FOR USE OF THE Encore WEB SITE AND FOR PRODUCTS YOU PURCHASED AS A RESULT OF THE USE IN QUESTION.

PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH THIS APPLICATION COMES FROM AMAZON WEB SERVICES. ALL SUCH CONTENT IS PROVIDED TO YOU "AS IS." THIS CONTENT AND YOUR USE OF IT ARE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME.

Any current or future links to other sites are provided as a convenience only, and we assume no responsibility or liability for the contents of those other sites, or any products or services advertised or sold on those sites.

Miscellaneous

This site is created, controlled and operated by Encore in the Province of Quebec, Canada. If you choose to access this site from another location, you are responsible for complying with local laws, if and to the extent that local laws apply. Encore is located at 5670 Sherbrooke, Montreal, Quebec, and can be reached by telephone at (514) 482-5100.

Encore reserves the right to change the terms of this agreement without notice. The formation, construction and interpretation of this agreement shall be controlled by the laws of the Province of Quebe, regarding agreements between Quebec residents entered into and to be performed within Quebec, giving no effect to choice of law provisions.

We enjoy hearing from you and welcome your comments about our products and services. However, if you send us a business idea or suggestion (for example, about how to improve or expand our products and services), you agree that we will be completely free to implement, use, or modify, in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you.

If any provision of these Terms of Use is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute your entire agreement with Encore with respect to their subject matter, and supersede any other previous written terms and any oral or promotional statements. Encore reserves the right to make changes to the Encore Site, and our policies at any time.

Refunds & Exchanges

Returns policy

Encore promises that the condition of every item listed on the Encore Site is as described in those listings. If you are not satisfied that your item is as described, please visit our Returns Policy for important instructions. YOU AGREE THAT A REFUND WILL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY Encore ITEM YOU RECEIVE THAT IS NOT AS DESCRIBED ON THE Encore SITE, AND YOU WAIVE ALL OTHER REMEDIES OR ACTIONS IN SUCH EVENT.

Cancelled and lost orders

Occasionally, an item will be listed for sale on our site that has actually been sold. This is caused by both system and human delays in updating our databases after the item was sold. If you order such an item, your order will be cancelled.

Although rare, it is possible that an item shipped via either our Standard or our Expedited ship methods could get lost in transit.

If you don't receive an item shipped within the Canada within 30 days, please notify our Customer Service Department. You must submit a domestic lost-in-the-mail claim to Customer Service no later than 45 days from the date your item was shipped.

If you don't receive an item shipped outside the Canada within 45 days, please notify our Customer Service Department. You must submit an international lost-in-the-mail claim to Customer Service no later than 60 days from the date your item was shipped.