Applicability and Contract

These terms of sale (“Terms”) are the terms which govern the purchase of the products by you from Implementer, Inc. (“Implementer”) via Implementer’s website. These Terms comprise the entire agreement between you and implementer in connection with the Products. and supersede any other understandings, agreements, representations and warranties and communications.

By placing an order you are offering to purchase the relevant Product on and subject to these Terms. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and implementer will not be formed until implementer sends you confirmation by e-mail that the Products which you ordered have been dispatched to you. Only those Products listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed under these Terms.

All Products ordered by you must only be purchased for your internal and personal purposes, and not for any other purpose (such as commercial use).

Cancelling an Order and Returning Products

If you are not satisfied with your Product, you may return the relevant Product within 60 days of the original purchase date.

All returned Products must be in new and unused condition (except to the extent the Product was defective when received), in original packaging, and must be returned to Implementer within 30 days of the original purchase date of the Product. You should pack the Products securely so that they are not damaged during shipping – Implementer is not responsible for lost or damaged Products in transit. After Implementer has received your returned Product, if the Product is returned because it is defective or because the wrong Product was sent to you, Implementer will, at its option and sole discretion, refund you the price of the Product via the original payment method or such other method agreed between the parties or send you a replacement Product. If the Product is returned for any other reason, provided you have complied with all return requirements set out in this paragraph, the implementer will refund you the price of the Product via the original payment method less outbound freight via the original payment or such other method agreed between the parties. If you wish to replace a non-defective Product, a new Product will be sent to you after the defective Product is received, only if you have properly placed a new order for the new Product in accordance with these Terms.

Implementer may reject any order or cancel any purchase of Products at any time in the following cases, subject to any applicable refund: (i) the Products are not available/not in stock; (ii) the data you provide to implementer in connection with your purchase is incorrect or cannot be checked; (iii) your order is marked as suspicious or otherwise suggestive of fraud or illegality by Implementer’s security systems; (iv) Implementer has reason to believe that your purchase is intended for a further commercial activity; (v) there has been an error in the indicated price of the Products; (vi) Implementer cannot deliver the Products to the address you have provided; or (vii) the time from the original purchase date is over 60 days.

Title and Risk of Loss

The title and risk of loss pass to you upon delivery of the Products at the Delivery Address. This means you will be responsible for any subsequent damage, loss, or destruction to the Products delivered to you.

Force Majeure

Implementer will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent such failure or delay is caused by or results from acts of beyond the reasonable control of Implementer including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.