TERMS OF SERVICE:By using this website, you agree to the following additional terms and conditions, which supplement (but do not replace) the Basic Terms and Conditions of Business that you have previously agreed to. In the event of any conflict between these supplemental terms and the Basic Terms and Conditions of Business, the latter will prevail, except as expressly stated otherwise. These supplemental terms are specific to your use of this online platform.

CONTROLLING PROVISIONS:Please note that your use of our Website constitutes your agreement to follow and be bound by these Terms and Conditions. We may modify these Terms and Conditions or other policies set forth on the Site from time to time.

EMAIL:Buyer is aware they will receive order emails which are sent as part of the order process. Also, unless Buyer opts out, Buyer will receive periodic promotional emails from BABOR about BABOR's promotions and products. To permanently opt out of promotional emails Buyer can email customer support at [email protected] or by phone at +1 800-333-4055. Also, Buyer can permanently opt out by clicking the unsubscribe link in any of the promotional emails BABOR sends.

PAYMENT:Payment terms are either credit card or net 30 (thirty) days upon credit approval, from date of invoice. Buyer’s obligation to pay all amounts is absolute and unconditional and is not subject to any abatement, reduction, set-off, defense, counterclaim, interruption, deferment or recoupment for any reason whatsoever. Any disputed purchase amounts should be reported immediately. If BABOR agrees with the purchase dispute, BABOR will credit Buyer the amount of the agreed-upon purchase dispute. All purchase disputes must be made within fourteen (14) days of the applicable purchase date.

TERMS:Buyer agrees to pay for the products according to BABOR's payment terms. In the event Buyer fails to make any payment to BABOR when due, Buyer's entire account(s) with BABOR shall become due and payable without notice or demand. All past due amounts are subject to service charges at the maximum contract rate permitted by law.

SHIPMENTS:All products are shipped F.O.B., point of shipment. Risk of loss shall transfer to the Buyer upon tender of goods to Buyer, Buyer's representative, or common carrier. If Buyer causes or requests a shipment delay, or if BABOR ships or delivers the products erroneously because of inaccurate, incomplete or misleading information supplied by Buyer or its agents or employees, storage and all other additional costs and risks shall be borne solely by Buyer. BABOR will provide proof of delivery upon request.

RETURNS:ALL SALES ARE FINAL. BABOR, in its sole discretion, may make an exception and a Return Merchandise Authorization (RMA) may be approved by an officer of BABOR. The authorized returns shall be subject to the following deductions: (a) cost of putting items in salable condition; (b) transportation charges, if not prepaid; and (c) handling and restocking charges. BABOR may waive the restocking charge if the product: (i) is in new condition, suitable for resale in its undamaged original packaging and with all its original parts and (ii) has not been used, altered or damaged. Said waiver must also be approved by an officer of BABOR.

INDEMNIFICATION:Customer hereby assumes the risk for any and all losses or damages sustained by the Customer because of the Customer’s misuse or misapplication of the Products. Customer shall defend, indemnify and hold harmless BABOR and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including without limitation, attorneys’ fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, Customer’s employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, or use of the Products by Customer but only if caused solely by the negligence of Customer. The obligations, indemnities and covenants contained in the paragraph shall survive the consummation or termination of this transaction.BABOR hereby assumes the risk for any and all losses or damages sustained by the Customer or any other person because of BABOR’s negligence in the development or distribution of the Products. BABOR shall defend, indemnify and hold harmless Customer and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including without limitation, attorneys’ fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, BABOR’s employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, or use of the Products by Customer but only if caused solely by the negligence of BABOR. The obligations, indemnities and covenants contained in the paragraph shall survive the consummation or termination of this transaction.

INSPECTION AND ACCEPTANCE:Claims for damage, shortage or errors in shipping must be reported within one (1) day following delivery to Customer. Customer shall have two (2) days from the date Customer receives any Products to inspect such Products and services for defects and nonconformance that are not due to damage, shortage or errors in shipping and notify BABOR, in writing, of any defects, nonconformance or rejection of such Products. After such two (2) day period, Customer shall be deemed to have irrevocably accepted the Products, if not previously accepted. After such acceptance, Customer shall have no right to reject the Products for any reason or to revoke acceptance. Customer hereby agrees that such two (2) day period is a reasonable amount of time for such inspection and revocation. Customer shall have no right to order any change or modification to any Product or service previously ordered by Customer or its representatives or cancel any order without BABOR’s prior written consent and payment to BABOR of all charges, expenses, commissions and reasonable profits owed to or incurred by BABOR.

TAXES:The amount of any sales, excise or other taxes, if any, applicable to the products shall be added to the purchase price and shall be paid by Buyer unless Buyer provides BABOR with an exemption certificate acceptable to the taxing authorities. Any taxes which BABOR may be required to pay or collect under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the products, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Buyer, who shall promptly pay the amount thereof to BABOR upon demand.

PRICING:We strive to ensure accuracy in pricing on our website, however, errors may occur. We cannot be held responsible for any misrepresentation in pricing that might arise and apologize for any inconvenience that may result should this occur.

SEVERABILITY:These Terms and Conditions shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these Terms and Conditions and any uncertainty or ambiguity shall not be interpreted against any one party. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the Terms and Conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance here from.

NON-WAIVER:BABOR's failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of BABOR's rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed an officer of BABOR.

WARRANTIES DISCLAIMER:This Site and the materials and products on this Site are provided “as is”. Except as otherwise provided on each product, BABOR disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BABOR does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. BABOR does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

NOTICE:Any required notices shall be given in writing, in the case of BABOR, at 2980 NE 207th St, Ste 402, Aventura, FL 33180, and in the case of Customer, at the address designated on Customer’s purchase confirmation or to such other address as either party may substitute by written notice to the other and shall be deemed given upon personal delivery, overnight delivery or three days following transmission by mail.

GOVERNING LAW:This transaction shall be construed, enforced and governed in all respects by the laws of the State of Florida without regard to its conflicts of law provisions. The state and federal courts located in Miami-Dade County, Florida shall be the sole, proper and convenient forum for any actions arising out of this Agreement, and Customer hereby consents to submit to the jurisdiction of such courts to resolve any controversy, claim or dispute involving the Products or this Agreement. If any legal proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, or default in connection with the Products or any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, court costs and all expenses (including, without limitation, all such fees, costs and expenses incident to appellate review and post-judgment proceedings), incurred in that legal proceeding. All actions, regardless of form, arising out of or related to this transaction or the Products sold hereunder must be brought against BABOR in the jurisdiction indicated above within the applicable statutory period.

WAIVER OF JURY TRIAL:CUSTOMER HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT CUSTOMER MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).

LIMITED TIME TO FILE CLAIMS:You agree that you will assert any Claim arising out of your use of any BABOR Site or the purchase of any BABOR product from this Site within one (1) year after the Claim arises, or such Claim will be barred.

ENTIRE AGREEMENT:This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The Terms and Conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by an officer of BABOR. All transactions shall be governed solely by the Terms and Conditions contained herein.