Terms and Conditions

Last Revised: 07/03/2025

These Terms and Conditions (the “Terms”) set out the purchase conditions for goods bought on www.encha.com (the “Website”) or through a third-party marketplace, if applicable. Our offers are aimed exclusively at consumers making purchases for private purposes. The current version of these Terms is always available on our Website, however, we instruct you to save a copy of these Terms to your files as the past versions of the Terms may not be publicly available.

Please read the Terms carefully. By using our Website, you accept and agree to the Terms. If you disagree with the Terms, please do not use the Website and exit immediately.

THESE TERMS REQUIRE YOU TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS ACTION) BINDING ARBITRATION. SEE BELOW.

1.      CONCLUSION OF CONTRACT

1.1.By placing an order for any of our products via the Website or through any of the marketplaces you declare that you are acting exclusively for private purposes.

1.2.The contractual party, with whom you enter into contract, is ELEVATE BRANDS OPCO LLC, located at 82 Nassau St. #60375 New York, New York 10038, United States (“we”, “us”, “our” or “ENCHA”).

1.3.You place a binding order when you complete the shopping process.  Once you receive the confirmation of acceptance of your order from us, the purchase contract is concluded. Kindly note that, prior to the confirmation of acceptance of your order, we may send you an (automated) order confirmation which only confirms that we have received your order but does not itself confirm our acceptance to enter into purchase contract with you.

1.4.Kindly note that we and the shipping companies may send communications related to your order via email and telephone. You are responsible for making sure that the information you provide is correct.

1.5.An order can be placed by and a purchase contract can be concluded with persons of at least 18 years of age.

1.6.In the event you buy the goods through a third-party marketplace, the process for concluding the purchase contract may differ and be subject to the terms of such marketplace. We instruct you to review the applicable terms.

2.      PRICES, TAXES AND SHIPPING COSTS:

2.1.The prices indicated at the time of the order are final prices, including the applicable VAT.

2.2.You will bear the shipping costs, unless otherwise indicated in the order (e.g., your order is above the minimum order value for free shipping). You will be informed of the amount before placing the order.

2.3.If your delivery address is located outside of the country/state where we are based your delivery may be subject to import duties and taxes, which are levied once a delivery reaches your country/state. These will not be included in the final price charged by us. You are responsible for paying any additional charges for customs clearance.

3.      SHIPPING AND DELIVERY

3.1.In any event, we will ship your order within thirty (30) days after we receive your name, address, and payment, or permission to charge your account.

3.2.If working days are specified as delivery periods, this means all days from Monday to Friday, with the exception of public holidays in the country/state where we are based.

3.3.Please note that in case of advance payment (reservation), the ordered goods will be delivered as soon as we have received payment of the full purchase price and any shipping costs.

3.4.We do not deliver, and our goods may not be re-sold or re-exported to countries that are on sanctions lists adopted by the relevant countries or authorities.

3.5.Further delivery limitations may apply, for further information regarding countries to which we deliver, kindly see our Shipping Policy.

3.6.In the event you order our products through a third-party marketplace, kindly note that different or further delivery limitations may apply. We advise you to review their websites for this information.

4.      PAYMENT AND RELATED CLAIMS

4.1.Generally, we offer various payment methods (prepayment, credit card, invoice and Paypal, as applicable). We reserve the right not to offer certain payment methods for each order and to refer to other payment methods. Any costs of a money transaction are to be borne by you.

4.2.Promotional vouchers, such as discount codes issued as part of advertising campaigns or gift vouchers that are purchased can also be redeemed as part of the ordering process subject to the conditions of the relevant voucher.

4.3.In the event we offer, and you choose invoice as the payment method, you will be informed of the due date of the purchase price on the order overview page before the contract is concluded.

4.4.You agree that you will only receive invoices and credit notes in electronic form.

4.5.Further, you agree to the assignment of the claims for payment of the purchase price to third parties.

4.6.Kindly note that in the event you order our products through a third-party marketplace, they may offer different payment methods and have different payment terms. We advise you to review the websites of the marketplace for this information.

5.      RIGHT TO WITHDRAW

5.1. We may offer you the right to return the purchased goods as set out in the Return Policy

5.2.The returned goods must not have been used or damaged.

5.3.The right to return the goods does not exist for the following products:

·         for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

·         for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;

·         consumables such as food or drinks;

·         for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;

·         products that are not prefabricated and for the production of which a personalized selection or stipulation by the consumer is decisive or which are clearly tailored to the consumer’s personal requirements; and

·         digital content, which is not supplied on a tangible medium (e.g., ebooks).

6.      WARRANTY LIMITATIONS

6.1.TO THE EXTENT PERMITTED BY LAW, THE WARRANTY AND REMEDIES SET FORTH IN THE RETURN POLICY OR THE RELEVANT CLAUSES OF A SPECIFIC LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES. EXCEPT AS OTHERWISE PROVIDED IN THE RETURN POLICY OR THE RELEVANT CLAUSES OF A SPECIFIC LIMITED WARRANTY, ALL GOODS SOLD ARE PROVIDED AS IS AND WE SPECIFICALLY DISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED TO THE DURATION SET OUT IN THE RETURN POLICY OR THE RELEVANT CLAUSES OF A SPECIFIC LIMITED WARRANTY.

6.2.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, SO THE LIMITATIONS SET OUT HEREIN MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY. IN SOME JURISDICTIONS THE FOREGOING LIMITATION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS, THEREFORE, THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS, THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

6.3.SUBJECT TO THE LIMITATIONS SET OUT HEREIN, WE MAY OFFER YOU A SPECIFIC LIMITED WARRANTY WHICH MAY BE SUBJECT TO CERTAIN CONDITIONS (E.G., SUBSCRIBING TO OUR NEWSLETTER) AND LIMITED IN TIME. SUCH WARRANTY ONLY APPLIES TO DEFECTS IN (A) MATERIALS AND WORKMANSHIP; AND (B) A PRODUCT’S NON-PERFORMANCE AS DESCRIBED OR INTENDED UNDER NORMAL USE. FOR SPECIFIC CONDITIONS, SEE THE INFORMATION PROVIDED IN CONTEXT WITH SUCH LIMITED WARRANTY. FOR THE AVOIDANCE OF ANY DOUBT, THE FOLLOWING ARE ALWAYS EXCLUDED FROM THE SCOPE OF THE LIMITED WARRANTY:

6.3.1.      DAMAGE OR DEFECTS RESULTING FROM:

·         NORMAL WEAR AND TEAR, COSMETIC DAMAGE, OR AGING OF THE GOODS;

·         IMPROPER USE, ABUSE, NEGLECT, OR FAILURE TO FOLLOW THE INSTRUCTIONS;

·         UNAUTHORIZED ALTERATIONS, MODIFICATIONS, OR REPAIRS;

·         USE OF THE GOODS OUTSIDE ITS INTENDED PURPOSE OR SPECIFICATIONS; AND

·         EXTERNAL FACTORS, SUCH AS ACCIDENT, THEFT, FIRE, LIQUID CONTACT, OR ACTS OF GOD.

6.3.2.      CONSUMABLE PARTS: CONSUMABLE PARTS, SUCH AS BATTERIES, UNLESS FAILURE IS DUE TO A DEFECT IN MATERIALS OR WORKMANSHIP.

7.      REFUNDS AND RETURN RELATED COSTS

7.1. We may offer you the right to return the purchased goods as set out in the Return Policy. Should such right exist, the following applies:

7.1.1.      Any refunds will be made automatically in the manner in which you originally paid.

7.1.2.      Unless you are otherwise informed in writing (e.g., on our website), you are responsible for covering the return shipping costs.

7.1.3.      We reimburse you for the full amount you have paid for the goods.

7.1.4.      If you return only part of your order, you will be refunded the price of goods returned.

7.1.5.      In the event we have agreed to reimburse the delivery costs as per the Return Policy, the reimbursement only concerns standard delivery charges i.e., if you have chosen a more expensive method of delivery, such as express delivery, such delivery costs will not be reimbursed.

7.2.You will receive the refund within 30 days as of the date when we receive the returned goods or proof of return. In certain circumstances refund timeframes may be longer.

8.      CONTACT DETAILS

8.1.In the event you have any questions, please get in touch with us by sending an email to encha@encha.com.You can also reach us by post:

ELEVATE BRANDS OPCO LLC
82 Nassau St. #60375 New York, New York

United States

8.2.Kindly note that the return address may be different to the correspondence address. For the return address, please see our Return Policy.

8.3.In the event you have purchased the goods through a third-party marketplace, different return process may apply, and we refer you to see the relevant return policies provided on these websites.

9.      DISPUTE RESOLUTION

9.1.In the event of any dispute, claim, or controversy arising out of or relating to your use of our website, purchase of products, or these Terms (a "Dispute"), you agree to first contact ENCHA through (one of) the contact methods provided on the Website to attempt to resolve the issue informally. We will work in good faith to resolve any Dispute promptly.

9.2.If we cannot resolve the Dispute within 30 days of your initial notice, you and ENCHA agree to resolve any such Dispute through final and binding arbitration, rather than in court. Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in the State specified in clause 11 of these Terms or another mutually agreed location. Each party will bear its own costs associated with the arbitration.

9.3.You and we waive any rights to maintain other available resolution processes for Disputes, such as a court action or administrative proceeding, to settle disputes. You and we waive any right to a jury trial for Disputes.

9.4.You agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these Terms, you waive your right to participate in a class action lawsuit or class-wide arbitration.

10.  MISCELLANIOUS

10.1.        We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

10.2.        We strive to provide correct information on our Website and in our other communications. However, sometimes errors may occur due to technical issues or human mistakes and in such cases, where the error should have been obvious to you (e.g., unreasonably low price) and executing the contract would be unreasonable to us (e.g., lead to a significant loss), we reserve the right to cancel such contracts.

10.3.        In the event you breach any of these Terms or our other applicable policies, we reserve the right to suspend your account until further notice.

We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our Website.

11.  GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware.