Terms of Sale

Himalayan Whisper – General Terms and Conditions of Sale (US)

The following General Terms and Conditions of Sale (the “Terms”) govern the sale of goods by Himalayan Whisper and its worldwide affiliates (collectively, “Himalayan Whisper,” the “Provider,” “we,” “us,” or “our”). Our United States website (the “US Site”) is available only for orders placed and delivered within the United States. By making a purchase on the US Site, you agree to comply with and be bound by these Terms.

1. Orders and Products

1.1 All orders are subject to the order confirmation we send by email.
1.2 Items displayed on the US Site may be out of stock or discontinued; availability is not guaranteed.

2. Prices and Taxes

2.1 Prices are listed in US Dollars (USD) and may be changed at any time without notice.
2.2 Your total payable amount includes applicable state and local sales taxes based on your shipping address; an estimated tax amount appears at checkout. The actual tax may vary due to the type of item, sales price, destination, and changes in tax rules between order placement and credit-card authorization. The final amount will be as shown on the invoice attached to your shipping confirmation email.
2.3 All prices include customs and import duties (where applicable).

3. Shipping Costs

You are responsible for shipping charges, as indicated in your order confirmation.

4. Shipment and Delivery

4.1 Risk of loss or damage to the goods passes to you once the goods leave our logistics center.
4.2 Delivery is deemed complete, and title to the goods transfers to you when the goods are accepted by the common carrier.

5. Returns and Refunds

Please refer to our Return and Refund Policy, which forms an integral part of these Terms and is equally binding on you.

6. Entire Agreement

Our order confirmation, these Terms, and other US Site policies constitute the final and integrated agreement between you and us with respect to the matters covered herein.

7. Governing Law and Jurisdiction

These Terms and related matters concerning validity, interpretation, performance, and enforcement are governed by the laws of the State of New York (without regard to conflict-of-law rules). All legal proceedings must be brought exclusively in New York City, New York, USA.

8. Disclaimers and Limitation of Liability

8.1 The Provider makes no representations or warranties, express or implied, regarding the products on the US Site or the goods sold to you.
8.2 To the maximum extent permitted by law, the Provider disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement; no warranties extend beyond the description on our order confirmation.
8.3 The Provider shall not be liable for any damages arising from your use of the US Site, including direct, indirect, incidental, punitive, or consequential damages. Some states do not allow limitations on implied warranties or exclusions/limitations of certain damages; if such laws apply to you, some or all of the above disclaimers and limitations may not apply, and you may have additional rights.

9. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force to the extent permitted by law.

10. Privacy

The processing of personal data related to your purchase via the US Site is governed by our Privacy Policy.

11. Force Majeure

We are not liable for delays or failures in performance caused by circumstances beyond our reasonable control.

12. Errors and Inaccuracies

We strive to provide complete, accurate, and up-to-date information on the US Site; however, human or technological errors may occur, including typographical errors, inaccuracies, or omissions (e.g., pricing, availability, product details). We reserve the right to correct, update, or change information at any time—even after an order has been submitted—without prior notice.

13. Company Information

Eastern & Western Learning, Inc. (Himalayan Whisper)
Registered office: 3519 Leavitt St, New York, NY 11354, USA