TERMS OF SALE

THESE TERMS AND CONDITIONS GOVERN YOUR PURCHASE OF PRODUCTS FROM IMPLORA ("IMPLORA") VIA ITS INTERNET WEBSITES. PLEASE READ THEM CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS AND CONDITIONS AND THE TERMS OF USE OF THE WEBSITES. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.

Products: "Product(s)" shall mean any item offered for sale on Implora's Web sites. Implora continually updates and revises Products. Implora may revise and/or discontinue Products at any time. Changes between what is shipped and what is described in marketing materials (ads, catalogs, specification sheets etc.) are possible. Products are new unless specified as used.

Order Acceptance by Implora: All orders of Products placed by you with Implora shall be subject to acceptance by Implora. Notwithstanding any order confirmation or other communications sent by Implora or authorizations provided by your credit card company, your order shall be deemed accepted by Implora when Implora ships the products ordered to you or your designated recipient. Quantities are subject to availability.

Payment Terms/Price Confirmation: Unless otherwise indicated, the purchase price of Products will be charged in full to your credit card at the time of Product ordered. Implora accepts MasterCard, Visa, American Express, Discover Cards, Google Checkout, money orders, and cashier check.. Implora does not accept cash, COD, company or personal checks. Implora payment terms are subject to change without notice at Implora's sole discretion. We confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on our Web site is incorrect, then the following applies:
(i) if a Product's correct price is lower than our stated price, we charge the lower amount and ship you the Product;
(ii) if a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Shipping and Handling/Your Acceptance/Risk of Loss: Product prices do not include international shipping. Implora will use its discretion in selecting a reputable carrier and appropriate means of shipment. Implora will mail your orders to your billing or delivery address. You shall be deemed to have accepted Products or anyone at the billing address or delivery address who receives the order shall be presumed by Implora to be authorized to receive the items.

Our Return Policy: Implora makes every effort to deliver a quality product to you, the consumer. Your satisfaction is our number one goal. In order to ensure your immediate satisfaction with your purchase, Implora's return policy allows for Products purchased directly from Implora to be returned by you for a refund of purchase price deducted restocking fee within fifteen (15) days of date shipped. Products must be in new, unaltered, unworn condition and in Implora's original packaging. All return or exchange must be accompanied by the receipt and original tags still be intact.

For further information regarding Implora’s Return Process view our Returns and Exchanges.

Limited Warranties: Implora makes no warranties. With respect to third party products (i.e. non-IMPLORA Products), such Products are sold by Implora “AS IS.” However the third party manufacturer or supplier of these Products may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims. IMPLORA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.

Product Modification: You hereby agree to indemnify and hold Implora, its parent, divisions, subsidiaries, affiliates, and employees forever harmless from and against any and all claims, cost, damages, expenses, fines, liabilities, loss, or penalties (including but not limited to reasonable investigation and attorneys’ fees) threatened, incurred or rising out of or by reason of any such change or modification.

Limitation of Liability: BOTH YOURS AND IMPLORA'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR IMPLORA BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL INDIRECT, PUNITIVE OR SPECIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, DAMAGE TO PROPERTY, NEGLIGENCE, OR OTHERWISE.

Taxes: Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your online shopping cart. You shall be charged such taxes, or in lieu thereof, you must provide Implora with an appropriate tax exemption certificate.

Force Majeure: Implora shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Implora.

Waiver/Invalidity: Failure of Implora to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.

Headings: The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

Governing Law/Waiver of Jury Trial: This Agreement and all purchases here under shall be governed by and construed under the law of the state of Virginia, without regard to conflicts of laws rules. You agree that the courts of Virginia shall have exclusive jurisdiction over the parties for all disputes.

Venue shall lie exclusively and only in Chesterfield County, State of Virginia of the United States District Court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.

Entire Agreement: These terms and conditions, and any documents referenced herein, constitute the entire and exclusive agreement between you and Implora concerning the Products and your purchase hereunder and supersede any and all statements or other agreements, whether oral or written, between you and Implora. The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) subject to additional or different terms and conditions shall be null and void.