K18, Inc. (“K18”) expressly warrants that the K18 products it exclusively sells or authorizes sellers to sell (collectively, the “Products”) in the United States will be free from material defects in manufacturing, material, or workmanship under normal use, subject to the conditions contained in this limited warranty (the “Limited Warranty”). K18 does not warrant, and is not responsible for, any products other than Products sold by K18, on the official K18 website, or by its authorized sellers (“Authorized Seller”) who procured the Products from K18 and is contractually obligated to comply with K18’s terms and conditions. This Limited Warranty shall apply only to Products sold by K18 or an Authorized Seller to a direct consumer of the Products (“Consumer”) in the United States, unless otherwise prohibited by applicable law.
The Limited Warranty shall apply to each Product only if a valid receipt is provided as proof of purchase from an Authorized Seller and does not cover any Products that were not originally purchased from an Authorized Seller.
SOLE AND EXCLUSIVE REMEDY
Under this Limited Warranty, if a manufacturing, material or workmanship defect arises regarding any Product and a valid claim is received by K18 within six (6) months of the date of purchase on the receipt, then K18 or its Authorized Seller will, at its sole discretion: (1) refund the amount paid for the Product as evidenced by the receipt, or (2) replace the Product with another K18 product that is the same as, or similar to the Product returned to K18.
If a limited-edition Product is returned to K18 or its Authorized Seller, then K18 or its Authorized Seller will make every effort to replace the limited-edition Product or discontinued Product but cannot guarantee the availability of a comparable replacement. Any K18 limited-edition Products or discontinued Products still subject to the Limited Warranty that cannot be replaced with an identical product will be replaced with an equivalent or substantially similar product based on availability.
In the event of a defect, the remedies explicitly provided herein shall be the Consumer’s sole and exclusive remedies. This Limited Warranty is extended only to the original end-use Consumer, and will not be extended to any other person, transferee or assignee.
EXCLUSIONS AND LIMITATIONS
Except for the remedies expressly set forth above or to the extent restricted or prohibited by applicable law, Consumer shall bear the risk as to the quality and performance of the Products, and Consumer assumes the entire costs associated with the Products should the Products prove defective following their purchase.
In addition to and without limiting the generality of the foregoing disclaimers, this Limited Warranty does not, under any circumstance, cover defects resulting from: normal wear and tear of the Product packaging, cosmetic damage, including but not limited to dents in packaging, damage caused by inadequate packing, shipping or storage procedures that are beyond the control of K18 or its Authorized Sellers, or non-functioning sprays, pumps or other mechanics of packaging, unless such failure has occurred due to a defect in manufacturing, materials or workmanship; and once in Consumer’s possession: any damage due to the normal aging of the Product, improper or unreasonable use or maintenance, improper storage of the Products, failure to follow use instructions, excess moisture, insect damage, damage caused by accident, fire, excessively hot temperature, excessive cold temperature, or other external cause, unauthorized alteration or modification of original condition of Product or packaging, or damages caused by use of Products in combination with non-K18 products. Products purchased from any seller other than an Authorized Seller shall be excluded from and not covered by this Limited Warranty.
FOR CONSUMERS WHO ARE COVERED BY AN APPLICABLE CONSUMER PROTECTION LAW OR REGULATION IN THEIR STATE, THE BENEFITS TO THE CONSUMER UNDER THIS LIMITED WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES OF CONSUMER UNDER SUCH LAWS OR REGULATIONS. SUCH BENEFITS MAY INCLUDE ADDITIONAL WARRANTIES OR RIGHTS RELATING TO THE PERFORMANCE OF THE PRODUCT AND REMEDIES APPLICABLE IN THE EVENT OF A DEFECT. THIS LIMITED WARRANTY WILL BE INTERPRETED UNDER THE LAWS OR REGULATIONS THAT APPLY TO A CONSUMER IN ANY STATE OF THE UNITED STATES, AND ANY PROVISION OF THIS LIMITED WARRANTY THAT CONFLICTS WITH ANY SUCH CONSUMER RIGHTS OR BENEFITS IS NOT APPLICABLE TO CONSUMERS COVERED BY SUCH LAW OR REGULATION. AS A RESULT, THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS LIMITED WARRANTY MAY NOT APPLY, OR MAY NOT FULLY APPLY, TO A PARTICULAR CONSUMER.
WARRANTY DISCLAIMERS
EXCEPT AS EXPRESSLY SET FORTH ABOVE, EACH PRODUCT IS PROVIDED SOLELY ON AN “AS IS” BASIS AND K18 MAKES NO OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, K18 SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY APPLICABLE LAW, THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIOD APPLICABLE TO THE PRODUCT AS SET FORTH ABOVE. SOME STATES MAY NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO A PARTICULAR CONSUMER. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN THE APPLICABLE WARRANTY PERIOD SET FORTH IN THIS LIMITED WARRANTY, THEN THE APPLICABLE WARRANTY PERIOD FOR PRODUCTS SUBJECT TO SUCH APPLICABLE LAW WILL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS LIMITED WARRANTY GIVES THE CONSUMER SPECIFIC LEGAL RIGHTS AND THE CONSUMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND PROVINCE TO PROVINCE AND FROM COUNTRY TO COUNTRY.
LIMITATION OF LIABILITY
IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, WILL K18, ITS DISTRIBUTORS, SUPPLIERS, OR AUTHORIZED SELLERS BE LIABLE TO CONSUMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY KIND WHATSOEVER, ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, OR LOSS OF USE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, EVEN IF K18 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT THE CONSUMER MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF K18 AND ANY OF ITS DISTRIBUTORS, SUPPLIERS, AND/OR AUTHORIZED SELLERS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CONSUMER FOR ANY PRODUCT GIVING RISE TO LIABILITY. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WARRANTY CLAIM PROCESS
To submit a warranty claim, please email warranty@k18hair.com. K18 may require a photograph of the Product along with a copy of your receipt to validate the claim and that the Product was purchased from an Authorized Seller or require that the Product be returned to K18 for inspection. K18 reserves the right to charge a shipping and handling fee in connection with the evaluation and fulfillment of any warranty claim.
