Terms of service

LIMITATION OF LIABILITY AND WAIVER AGREEMENT 

FOR ONLINE SALE OF HAIR PRODUCTS 

Himalayan Wave

Effective Date: 07/07/2025

I. INTRODUCTION This Limitation of Liability and Waiver Agreement (the “Agreement”) is a legally binding document between you (“Customer”, “You”, “User”, or “Purchaser”) and Himalayan Wave, including its officers, agents, employees, affiliates, successors, and assigns (collectively, “Company”, “We”, “Us”, or “Our”), governing the purchase and use of hair care products, hair treatments, and any related merchandise (collectively, the “Products”) sold on the website himalayanwave.com (the “Website”). By using the Website, placing an order, or using the Products in any manner, you agree to all terms and conditions set forth in this Agreement.

II. ACKNOWLEDGEMENT OF RISK 2.1 Product Nature The Products sold by the Company include but are not limited to shampoos, conditioners, oils, creams, serums, scalp treatments, sea salt spray, and other cosmetic or topical hair-care formulations. These products are intended strictly for external use only. 2.2 No Guaranteed Results You acknowledge that outcomes from using any cosmetic or personal care product vary depending on individual health, hair type, allergies, sensitivities, underlying medical conditions, and environmental factors. The Company does not guarantee specific results and disclaims any liability for unmet expectations or perceived ineffectiveness of the Products.

III. MEDICAL AND ALLERGIC CONSIDERATIONS 3.1 No Medical Claims The Company does not manufacture or market its Products as medical treatments. Products are not approved by the Food and Drug Administration (FDA) to diagnose, treat, cure, or prevent any disease or medical condition. You agree not to rely on the Website or Company communications as a substitute for medical advice from a licensed physician, dermatologist, or other health care provider. 3.2 Customer Responsibilities You are solely responsible for checking ingredient lists to avoid allergic reactions, irritants, or contraindications with current health conditions or medications. A patch test is strongly recommended prior to full use of any product. Customers with pre-existing scalp conditions (e.g., psoriasis, seborrheic dermatitis, alopecia), or a history of allergic reactions should consult a medical professional before using any new product.

IV. PRODUCT LIABILITY LIMITATIONS To the maximum extent permitted by applicable law, the Company shall not be liable for any injury, loss, or damage (whether direct, indirect, incidental, special, punitive, or consequential) resulting from: Use or misuse of any Product; Failure to follow directions, instructions, or warnings; Reactions due to allergies, sensitivities, or incompatibility; Improper application, mixing with non-recommended substances, or unauthorized modifications to Products; Storage of Products in non-recommended conditions (excessive heat, freezing temperatures, etc.); Damage to clothing, furnishings, surfaces, or property during use of the Products; Use of expired or tampered Products.

V. DISCLAIMER OF WARRANTIES 5.1 “As-Is” Sale All Products are sold “AS IS” and “AS AVAILABLE.” The Company disclaims all warranties, express or implied, including but not limited to: Implied warranties of merchantability; Fitness for a particular purpose; Non-infringement; Any warranty arising from course of dealing, course of performance, or usage of trade. 5.2 No Professional Advice Nothing on the Website or in Product descriptions shall be interpreted as expert or professional advice. You are encouraged to seek the services of a licensed professional for personalized recommendations.

VI. LIMITATION OF LIABILITY In no event shall the Company be liable for damages exceeding the total purchase price of the specific Product giving rise to the claim, whether such liability arises in contract, tort (including negligence), strict liability, or otherwise. The Company shall not be liable for any lost profits, lost data, interruption of business, or reputational harm due to Product use or site access.

VII. INDEMNIFICATION You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and licensors from and against any and all third-party claims, losses, liabilities, damages, expenses, and costs, including without limitation, reasonable attorneys’ fees, arising from or relating to: Your use or misuse of the Products; Your violation of this Agreement; Your violation of any third-party rights, including but not limited to intellectual property rights or privacy rights; Any unlawful conduct in connection with the Website or Product use.

VIII. ASSUMPTION OF RISK & WAIVER OF CLAIMS You voluntarily assume all risks associated with the use of Products purchased from the Website and hereby waive, release, and discharge the Company from any and all claims, actions, causes of action, liabilities, or demands, of whatever kind or nature, whether known or unknown, foreseeable or unforeseeable, that may arise from use of the Products.

IX. RETURNS AND PRODUCT LIABILITY POLICY 9.1 Return Restrictions Due to the nature of personal care products, we do not accept returns on opened or used items. You may be eligible for a refund or replacement only if: The Product arrived damaged or defective; The incorrect item was shipped; You notify us within 7 calendar days of receiving the item; You provide supporting evidence (photographs, packing slip, etc.). 9.2 Refund Limitations Approved refunds shall be limited to the amount paid for the Product, excluding shipping costs, unless the return was due to Company error.

X. WEBSITE & CONTENT DISCLAIMER The Website may include user reviews, third-party content, blog articles, or testimonials. These are subjective opinions and are not endorsed by the Company as factual or expert advice. The Company is not responsible for the accuracy, completeness, or applicability of such content.

XI. GOVERNING LAW AND DISPUTE RESOLUTION This Agreement shall be governed by and interpreted under the laws of the State of Tennessee, USA, without regard to its conflicts of law provisions. Any disputes arising out of or relating to this Agreement shall be resolved: First through informal negotiation; If unresolved, through binding arbitration conducted in accordance with the rules of the American Arbitration Association; You agree to waive any right to participate in a class-action lawsuit or class-wide arbitration.

XII. SEVERABILITY If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

XIII. ENTIRE AGREEMENT This Agreement, along with our Terms of Service, Privacy Policy, and Shipping & Returns Policy (each incorporated herein by reference), constitutes the entire agreement between You and the Company with respect to liability and use of Products.

XIV. ACCEPTANCE OF TERMS By making a purchase, accessing our Website, or using any of our Products, you confirm that: You are at least 18 years of age or have the consent of a parent or guardian; You have read, understood, and agreed to this Agreement; You accept all risks and terms stated herein.

Himalayan Wave

5655 Silver Creek Valley Rd. San Jose, CA, USA

support@himalayanwave.com | 408-499-7284 | himalayanwave.com

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