Last revised on: 8/13/2013

The website located at http://mylapka.com/ (the “Site”) is a copyrighted work belonging to Lapka, Inc. (“Lapka”, “us”, and “we”). Lapka sells personal environment monitors that connect with your phone to measure, collect and analyze certain qualities of your surroundings (each, a “Product”) and related Apps. Capitalized terms not defined herein have the definition given in the Agreement.

THESE PURCHASE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS FOR YOUR PURCHASE OF THE PRODUCT. THESE PURCHASE TERMS AND CONDITIONS ARE INCORPORATED INTO, AND DEEMED PART OF, THE TERMS OF USE AVAILABLE AT HTTP://ABOUT.MYLAPKA.COM/PEM/LEGAL/TERMS-OF-USE (“AGREEMENT”). BY PURCHASING THE PRODUCT, YOU ARE ACCEPTING THE AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT. YOU MAY NOT PURCHASE THE PRODUCT OR ACCEPT THE AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THE AGREEMENT, DO NOT PURCHASE THE PRODUCT.

  1. Products and Pricing. All Products, their information, and their prices are each subject to change. Lapka reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Lapka will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. All prices are in U.S. dollars and do not include Delivery Fees or Taxes (each as defined below).

  2. Payment Terms. For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (if any and if available) (“Delivery Fees”), and any applicable taxes (other than taxes based on Lapka’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”). You must provide Lapka with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. You hereby authorize Lapka to bill your credit card submitted as part of the order process for such amounts. Lapka accepts orders from billing addresses and shipping addresses within the United States and Canada only. You will be solely responsible for payment of all Taxes not charged by Lapka. All payments are non-refundable (except as expressly set forth in Section 3). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.

  3. Orders/Corrections/Cancelations/Shipping. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Once we accept your order, you may not cancel your order. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion of the order (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order. Items ship as they become available. Any delivery dates provided by Lapka to you (if any) are non-binding estimates only and you shall have no claim against Lapka for any delays that may occur.

  4. Return Policy. You can return your Product that you purchased directly from Lapka for a full refund within 30 days of the day you purchased it (“Return Period”) as long as it’s in new condition and the return is in accordance with our RMA policy below. Your Product is not eligible for return and refund after the Return Period has expired. This return policy does not apply to Products you purchase from a third party; in such case, please refer to the third party’s return policy (if any). You may return your Product (in the same packaging conditions in which it was delivered) directly to Lapka, provided you first notify Lapka in writing of the return during the Return Period and request a return material authorization (“RMA”) number. Within five (5) days after receipt of the RMA number, you must ship the following to Lapka: the Product, the RMA number, and the proof of purchase. You shall bear the risk and cost of shipping the Product to Lapka. Any Product returned to Lapka without an authorized RMA number or proof of purchase may be returned to you, freight collect.

  5. Limited Warranty and Limitation on Liability. Lapka provides a limited warranty on Products purchased through the Site, as described on our Warranty page at http://about.mylapka.com/pem/legal/warranty. The Warranty page also describes the limitation of liability provisions applicable to the Products.