These Terms of Sale set out the terms on which Enbocca Pty Ltd (Enbocca, we, us) sells goods and services (Products) through its website (www.enbocca.com.au) (Website). In these Terms of Sale, you and your means you as the person or entity that places an order for Products through the Website.

By placing an order through the Website you agree to be bound by these Terms of Sale, and acknowledge that they are enforceable by Enbocca.

Changes to Terms of Sale

We may update these Terms of Sale by posting the new version on the Website. It’s important that you check the Terms of Sale before placing an order for Products to ensure you have read and accept the then current version. By placing an order for Products after we have posted an updated version of the Terms of Sale, you agree to be bound by that updated version.

Ordering Products

You may place orders for Products online through our website, provided you are at least 18 years of age.

All orders are subject to availability of stock and min/max quantities as Enbocca decides from time to time.

When you place an order through our Website, we will confirm receipt of your order by sending an acknowledgement to the e-mail address provided by you. Please note that this is only an acknowledgement of receipt of your order and not an acceptance of your order. We may at any time after receipt of your order accept or decline your order in whole or in part in our discretion.

If we do not accept your order for any reason, we will send you an e-mail notification, your order will be cancelled, and any payment refunded.

You are responsible for ensuring that your delivery address and other details supplied to us are correct. Enbocca accepts no responsibility for incorrect details supplied by you at the time an order is placed.

Price

Enbocca may change the prices of Products from time to time without notice to you. You must pay the price of Products current at the time your order is placed.

The amounts payable for Products may include a charge for delivery as specified at checkout.

Delivery

It is your responsibility to ensure you are available to receive the delivery of Products. If you are not at the delivery address to receive the Products, the delivery driver may at their discretion leave the Products or take them to the local post office for collection. 

If the Products are not collected within 10 days (or such other time notified to you) the Products will be returned to Enbocca and you will be refunded the full value of the purchase, minus the delivery (including returns) charge. From that point, if you still wish to receive Products, you will have to re-order via the online shop.

Enbocca will use reasonable endeavours to provide the Products in a timely manner to the address specified in your order, however, to the extent permitted at law, Enbocca will not be liable for delay in delivery for any reason.

Any costs incurred by Enbocca due to any failure by you to accept the Products at time of delivery must be reimbursed by you to Enbocca. 

Deliveries will only be made to street addresses in Australia. Deliveries will not be made to PO boxes nor to addresses outside Australia.

Returns

Any Product returns must be in accordance with Enbocca's returns policy as at the time of placement of the order. The current version of the returns policy is available here.

Consumer guarantees

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. 

You are entitled to choose a refund or replacement for major failures with Products. If a failure with a Product does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the Product and to obtain a refund of any unused portion. 

You are also entitled to be compensated for any other reasonably foreseeable loss or damage caused by a failure in the Product. 

To the extent permitted by law, Enbocca's only liability to you is as expressly stated in these terms and provisions in the Australian Consumer Law that cannot be excluded. All other guarantees, warranties, terms and conditions are excluded.

To the extent permitted by law, and without limiting the consumer guarantees described above, Enbocca will not be liable to you (whether in contract, tort or otherwise) for any consequential, special, incidental or indirect loss or damage, or for any loss of profit, loss of savings or loss of opportunity.

Excused Performance

Neither party is liable for any delay or failure to perform its obligations under this agreement (except an obligation to pay money) if such delay or failure is due to any cause outside their reasonable control. If delay or failure to perform its obligations pursuant to this clause occurs, the performance of that party’s obligations are suspended. If such a suspension exceeds 30 days, either party may immediately terminate the agreement by notice in writing to the other party.

General

These Terms of Sale and any invoice referencing these terms constitute the whole of the agreement between us and supersede any previous dealings, prior representations, statements and agreements in relation to their subject matter.

Enbocca may sub-contract or otherwise arrange for another person to perform any part of this agreement or to discharge any of Enbocca's obligations under this agreement, such as delivery of the Products.

If any provision of these Terms of Sale (for any reason) is held to be unenforceable, illegal or invalid in some way, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms of Sale and they will continue in full force and effect.

These terms are governed by and must be construed in accordance with the laws of New South Wales, Australia. 

Contact

If you have any queries regarding these Terms of Sale, please contact us by email at hello@enbocca.com.au or use our Contact Form.