TERMS & CONDITIONS
PRODUCT PURCHASE AND SALE TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”), ALONG WITH ANY ADDITIONAL TERMS THAT MAY BE PROVIDED IN WRITING BY ENSO HTX, INC. (REFERRED TO HEREIN AS “ENSO HTX”) TO A PURCHASER OF PRODUCTS FROM THE ENSOHTX.COM WEBSITE (“Buyer”), GOVERN THE SALE AND PURCHASE OF ALL PRODUCTS OFFERED BY ENSO HTX FROM TIME TO TIME (THE "PRODUCTS”).
FORMATION OF CONTRACT / ORDERS
A sales contract is established only when an order from Buyer is accepted or confirmed through written acknowledgment by an authorized ENSO HTX representative, ENSO HTX charges the Buyer for the ordered Products and/or Services, or ENSO HTX ships the Products or begins providing the Services ordered (“Order”). Orders may not be canceled or modified once placed.
BACKORDERS
ENSO HTX strives to maintain inventory availability for all Products. If a Product is backordered after a Buyer has placed an Order, or if an Order cannot be fulfilled in its entirety for any reason, ENSO HTX will notify the Buyer via email using the address provided at the time of purchase and will attempt to accommodate the Buyer’s preferences. However, ENSO HTX is not obligated to procure out-of-stock Products or services at unfavorable terms or prices to meet Order requirements. During shortages, ENSO HTX reserves the right to cancel any Order without liability if delivery delays occur due to factors beyond its control. If ENSO HTX opts to ship the available portion of an Order, the Buyer may be responsible for additional shipping costs beyond those initially quoted.
DELIVERY AND SHIPPING
ENSO HTX makes commercially reasonable efforts to promptly deliver Products, subject to factors beyond its control, including but not limited to product availability and the performance of third-party service providers and shippers/carriers. Orders are typically processed within 1 - 3 business days from receipt and shipped once processed. During promotional periods, processing may take an additional 1–3 days. Orders placed after 4 p.m. CST Monday through Friday will begin processing the next business day. Weekend orders will be processed on Monday, unless Monday is a holiday, in which case processing will begin on Tuesday. ENSO HTX is not responsible for delays, shipping errors, mis-shipments, or liabilities incurred by the Buyer due to circumstances beyond its control, including but not limited to natural disasters, pandemics, supply chain disruptions, or third-party service provider issues.
The Buyer is expected to cooperate in good faith with ENSO HTX to resolve any shipping or carrier-related issues. If a package is lost or marked as delivered but not received, ENSO HTX will assist in investigating with the carrier; however, ENSO HTX is not responsible for lost or undelivered Orders. Refunds or replacements for lost packages are not provided as it is the carrier's responsibility to ensure delivery. The Buyer is accountable for any errors in shipping information provided, including instances where delivery is unsuccessful due to incorrect details, unavailability, or refusal of the package. In such cases, ENSO HTX reserves the right to charge the Buyer’s original payment method for any associated fees.
If an Order arrives damaged or defective in any way, the Buyer is expected to, and agrees to, contact us right away (in any event within 24 hours of delivery) at support@ensohtx.com. Photographic images of the damage or defect will be required, including photos of both the affected Products and of the Product packaging. Note that ENSO HTX is unable to issue a refund for delivered damaged or defective Products, but ENSO HTX is typically able to provide replacement Products for any Products received with damage or defects. The replacement Products will generally be shipped as soon as reasonably practicable after the damage or defect from the original delivery has been confirmed, but the applicable carrier’s practices in this regard will apply. Buyer waives its right to receive a replacement Product if he or she does not advise ENSO HTX of a Product defect or delivery damage at support@ensohtx.comwithin 24 hours of delivery, and promptly thereafter provide the required photographic images.
PRICES AND PRODUCT INFORMATION
Unless otherwise provided by ENSO HTX in writing, all prices stated are in U.S. dollars. Prices are subject to change without notice. ENSO HTX is not responsible for typos or errors in pricing, and ENSO HTX’s sole obligation in the event of an error in a posted price for a Product will be to promptly correct the error when identified, and promptly advise the Buyer of the issue, along with the correct price for the Order. ENSO HTX reserves the right to change Product ingredients, recipes, specifications, packaging, or any of the descriptions and/or information provided relating to any Product at its sole discretion, at any time.
PAYMENT
ENSO HTX reserves the right to change its credit, payment and shipping terms at any time, including without limitation the right to change the method of payment accepted, whether pricing includes shipping, etc. ENSO HTX reserves the right, among other remedies, to refuse to accept further Orders, to terminate any Order for Products, to suspend deliveries of Products and/or to recall Products in transit, retake the same and/or repossess all Products if at any time in ENSO HTX sole discretion Buyer’s creditworthiness is impaired, Buyer stops or disputes a payment made for any given Order or Product ordered, or in the event Buyer otherwise fails to timely make, or to revoke, an owed payment relating to an Order. ENSO HTXwill not be obligated to sell Products to any individual consumer in any instance, and ENSO HTX may reject or refuse to accept any Order, or revoke its acceptance of any Order, for any customer, at any time, at its discretion, for any or no reason.
DISCOUNTS AND PROMOTIONAL OFFERS
Any claims relating to prices, discounts, promotional offers, or other benefits pertaining to Product purchases and/or this Agreement will be deemed waived unless submitted within the defined promotional period applicable to the discount or promotional offer. No claim will be made against ENSO HTX relating to any Order that was placed or Product that was purchased more than 30 days earlier, and any claim asserted by Buyer shall be supported with such documentation as ENSO HTX may reasonably require (such as without limitation, a dated consumer delivery or sales receipt, copies of credit card / debit card payment documentation and the like). Claims relating to discounts or other promotional offers made available by ENSO HTX from time to time regarding specific Products are subject to the terms and conditions applicable to that particular offer or program.
RESELLING Products that are purchased from this website, with or without a discount code and subject to, or not subject to any promotional offer, are for personal use by the Buyer and shall not be resold.
TITLE AND RISK OF LOSS Title and risk of loss to Products shall pass to Buyer when Products are delivered to Buyer and ENSO HTX is not responsible for any damage or loss to a Product that occurs after delivery, for any reason.
WARRANTIES, LIMITATION OF LIABILITY ENSO HTX MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. If any court having jurisdiction finally holds that this limitation of remedies is void or unenforceable, ENSO HTX’s liability for any claim shall be limited to the amounts paid by Buyer for the Products and/or Services giving rise to the claim. In addition, in no event will ENSO HTX or its affiliates be liable to Buyer, or any other party for incidental, consequential, indirect or special damages (including without limitation, lost profits, lost opportunities, economic loss, loss of use, lost productivity, synergies or efficiencies, overhead or administrative expenses, lost data, or damage to reputation or goodwill), irrespective of the nature of any claim asserted, and even if ENSO HTX has been advised of the possibility of such damages and even if such damages result from negligence or other fault. ENSO HTX’s sole obligation in the event of any Product issue will be to replace the affected Product, at ENSO HTX’s sole option. In no event will ENSO HTX be responsible for damages in excess of the purchase price paid for the affected Products, in any instance.
COSTS AND EXPENSES OF COLLECTION In the event that Buyer fails to make full payment for delivered Products (by improperly disputing a credit card charge or revoking payment authorization, for instance), Buyer shall be liable to ENSO HTXfor payment of all costs and expenses incurred by ENSO HTXor its affiliates in seeking collection of the amounts owed by Buyer, including but not limited to the costs of collection agencies and reasonable attorneys’ fees incurred by ENSO HTXor its affiliates. In addition, in the event of Buyer’s default in payment for delivered Products, ENSO HTX shall be entitled to collect an interest charge of the lesser of 1.5% of the outstanding balance per month or the maximum amount allowed by applicable law, along with a late payment fee equal to fifteen percent (15%) of the total Order cost.
GENERAL PROVISIONS If any provision of these Terms and Conditions is finally determined to be invalid or unenforceable by any court of competent jurisdiction, such determination shall not affect any other provision hereof, and all such other provisions will remain in full force and effect. Once placed, no Order may be cancelled or assigned by Buyer except with the prior written consent of ENSO HTX. ENSO HTX’s waiver of any breach or failure to enforce any of Buyer’s obligations under these Terms and Conditions at any time shall not limit or waive ENSO HTX’s right thereafter to enforce strict compliance with the terms and conditions hereof. The validity, construction and performance of these Terms and Conditions and the Contract formed between the parties shall be governed by the laws of the State of Texas (without giving effect to its principles of conflict of laws). Buyer, by submitting an Order for Products and/or Services with ENSO HTX, irrevocably and unconditionally submits and waives any objection to the jurisdiction of the federal and state courts located in Texas for purposes of any suit, action or proceeding arising out of or relating to these Terms and Conditions or the Contract formed between the parties, and agrees to take any and all future action necessary to submit to the jurisdiction of such courts. However, ENSO HTX may at its option bring suit, or institute other judicial proceedings, against Buyer in any court in any place where Buyer or any of its assets may be found. The United Nations Convention on Contracts for the International Sale of Goods shall not govern these terms and conditions or any sales contract formed between the parties.
Contact Us
For any questions/concerns regarding our terms and conditions, please reach out to support@ensohtx.com