Legal

This document is dedicated to the protection of privacy ("Privacy Policy") of the site www.carlotharay.com
("Site") published by Him Co Lab S.r.l., an Italian limited company whose registered office is located at Via Orobia, 34 20139 Milano, Italy, registered in the Milan Trade and Companies Register, VAT n. 11024590967, (hereinafter "the Company").

The Privacy Policy present on www.carlotharay.com is in compliance with the requirements of the RGPD.

I. Processing of Users' Personal Data

1. Conditions for processing User's Personal Data

By creating an Account, Users must validate the Privacy Policy, by which they agree to be bound. The Privacy Policy may be modified or updated at any time without notice, except for those stipulations that require Users' consent. Capitalized terms have the meaning given to them in the GTC.

The Company collects and uses the Personal Data that Users have spontaneously transmitted to it, which are necessary to place an Order or to receive information emails from the Company (newsletters).

Your personal data is processed by the Company in its capacity as data controller, in order to respond to your request for information. It may be transmitted to the Company and its subsidiaries or to its subcontractors for the same purposes.

Your data will be kept by the Company for up to five (5) years after your last order, during which time you may freely access your data, rectify it, obtain its deletion, object to its processing, and obtain its communication in a structured and readable format (unless you have a legitimate reason for not doing so).

In accordance with applicable data protection laws and regulations, you may exercise your rights by contacting the Company, Him Co Lab S.r.l., Via Orobia, 34 20139 Milano, Italy. You also have the right to file a complaint with a supervisory authority.

Users are obliged to provide their personal data and information accurately, truthfully and truly and to update such data and information as soon as necessary to ensure that it remains accurate and complete.

The Company collects and processes Users' Personal Data fairly and lawfully and respects their rights. The Company is responsible for processing Users' Personal Data.

The purposes for which Customer Personal Data is processed are:

• - the commercial management of orders for CARLOTHA RAY products placed through the carlotharay.com site,
• - sending information emails about CARLOTHA RAY news,
• - prospecting operations
• - analyzing the audience of the carlotharay.com site or commercial statistics,
• - the organization of contests, lotteries or any promotional operation,
• - management of unpaid invoices and disputes,
• - the management of notices.

Under no circumstances will The Company transfer or sell Users' Personal Data to third parties, except in the cases described below.

2.         Nature of Personal Data collected by the Company

The following Personal Data may be processed: first and last name, postal address, e-mail address, telephone number (optional) and IP address of Users.

3.         Protection, storage and deletion of Personal Data

Personal Data communicated by Users are hosted by the Company's hosting service providers.

At any time, Customers may request that their Account be closed, which will result in the deletion of the associated Personal Data.

Account deletion will take effect within two (2) months of the deletion request, and in any event after any outstanding Orders.

4.         Communication from the Company

The Company may send emails to Customers who have agreed to receive them, to the address associated with their Account, to inform them of changes to the Site or its activities, or to communicate technical or administrative information.

Under no circumstances will Customers receive emails from third-party companies or partners of the Company without their authorization.

5.         Transfer of Users' Personal Data

The Company may transfer Users' Personal Data to its service providers, such as Shopify, Klaviyo, Google Analytics, Facebook, Instagram, Sendcloud, Crisp and Cegid.

The Company undertakes not to communicate, assign or transfer Personal Data to third parties (other than service providers) without the express consent of Customers, but may communicate such data if required to do so by law or at the request of a court or administrative authority.

6.         Users' rights to their Personal Data

In accordance with applicable data protection legislation and regulations, the Company informs Users of their right to access, modify, oppose the processing and request the deletion of their collected and processed Personal Data, it being specified that the deletion of their data will entail the closure of their Account and obtain communication thereof in a structured and readable format (unless legitimately prevented from doing so). They also have the right to file a complaint with a supervisory authority.

Users may exercise their rights by sending an e-mail to the following address contact@himco.it or by writing to the following address: Him Co Lab S.r.l., Via Orobia, 34 20139 Milano, Italy.

II. Cookies policy used by The Company

1.         Cookies

A cookie is a file that may be saved on the hard disk of the terminal of Customers and Users when they consult the Site. These small files may contain, for example, the Customer's shopping basket and preferences.

The Company may place cookies on Users' terminals in order to enable them to browse the Site under optimum conditions, to save Customer profiles and restore their preferences when they are connected via their usual terminal, to determine the Products consulted or purchased, or to compile statistics.

2.         Type of cookies used via The Site

The Company uses :

• - browsing cookies, which are necessary for the proper technical operation of the Site, as they enable content to be displayed optimally on each User terminal;
• - functional, which are not essential to the proper functioning of the Site, but optimize the experience on the Site by enabling Users to be identified and their shopping baskets to be retrieved;
• - analytical, which enable us to track Users' browsing habits for optimization purposes. The information collected includes the number of visitors, their origin and details of the pages visited. This information helps us to improve the Site, the shopping experience and the Company's campaigns. The Company uses Google Analytics, an audience measurement service provider, which :
• * collects the following data: origin of connections (access providers), type and version of browser used, browser language, duration of connection, IP address, etc. 
• * stores cookies on Users' terminals for audience measurement purposes. The data generated by cookies are transmitted by Google Inc. and are hosted on servers located in the United States. Google Inc. will use this information for the purpose of evaluating the use of the website, but will not associate the user's IP address with any other data held by Google Inc. Google Inc. may also transfer this information to third parties where required to do so by law, or where such third parties process the information on its behalf. For further information, Users may consult the following website: http://www.google.com/intl/fr/policies/privacy/;
• - marketing and direct targeting cookies and third-party cookies, which enable us to send commercial messages likely to be of interest to Users thanks to their browsing history. Third-party cookies are those sent by trusted third-party partners.

Users must accept the deposit of cookies on their terminal using the banner provided for this purpose when they connect to the Site.

The Company does not retain cookies enabling the tracking of a User or the obtaining of IP addresses beyond thirteen (13) months after the first deposit in a User's terminal.

Users may delete cookies at any time using their browser software, or configure it to prevent them from being stored on their terminal. The Company invites them to refer to the help file of their browser software to establish the appropriate configuration. Browsing the Site without accepting cookies may be impaired.

3.         Traffic

Traffic data is generated when Users' terminals are connected to the Internet and to the Site.

This data may be used for statistical purposes in order to analyze Site traffic and improve the Site by adapting it to Users' needs. Traffic data is never used by the Company in a nominative manner.

III. Modification of the Privacy Policy

The Privacy Policy may be modified at any time, in particular as a result of changes in legislation or regulations or as a result of new processing implemented by the Company.

The date of modification of the confidentiality policy will appear on the said document and the new confidentiality policy will apply to any connection subsequent to its modification.

1. DEFINITIONS

“Customer(s)” means any person browsing the Carlotha Ray website and placing an order to purchase any products on the website www.carlotharay.com (hereinafter the “Website”);

“Terms and Conditions of Sales” means these general terms and conditions of sales, applicable to the sale of any products through the Website;

“Seller” means Him Co Industry S.p.A., an Italian limited liability company whose registered office is located at Viale dell’Industria, 27, 30030 Fossò, Italy, registered with the Milan Trade and Companies Register, VAT n. 04752880270;

“Product(s)” means the products and accessories offered for sale on the Website.

2. SCOPE OF APPLICATION

The Terms and Conditions of Sales apply, without restriction or reservation, to all sales concluded by the company Him Co Industry S.p.A. (the “Seller”) to consumers and non-professional buyers (the “Customers” or the “Customer”), wishing to acquire the Products offered for sale by the Seller through the Website.

They specify in particular the conditions of ordering, payment, delivery and management of
possible returns of Products ordered by Customers.

These Terms and Conditions of Sales apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

These Terms and Conditions of Sales are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document.

By placing an order on the Website pursuant to article 3 below, the Customer declares to have read,
understood and accepted these Terms and Conditions of Sale before implementing the online ordering procedure as well as the general conditions of use of the Website.

These Terms and Conditions of Sales may be subject to subsequent modifications and the Customer undertakes to check them out each time, before placing the order: the version applicable to the Customer's purchase is the one in force on the Website on the date the order is placed.

Unless proven otherwise, the data collected and recorded in the Seller's IT system constitutes proof of all transactions concluded with the Customer.

In accordance with the GDPR (general data protection regulations) which came into force on May 25, 2018, the Customer has, at any time, a right of access , rectification, opposition, erasure and portability of all of their personal data. The terms and conditions for exercising these rights are described in the Privacy Policy.

Validation of the order by the Customer constitutes acceptance without restriction or reservation
of the Terms and Conditions of Sale then in place.

The Customer acknowledges having the required capacity to contract and acquire the Products offered on the Website. 

3. ORDERS

It is up to the Customer to select the Product(s) he/she wishes to order on the Website, according to the following terms:

• - Select the Product(s), their required quantity and the relevant size or format, and adds the selected Products to his/her shopping cart by clicking on the “ADD TO CART” button;
• - The Customer may change or remove any products added to his/her shopping cart until the point of final confirmation.
• - The Customer must fulfill and validate all the information requested when placing the order;
• - The Customer then enters data relating to payment by credit card. All credit/debit card transactions on the Website are processed using a secure online payment gateway which encrypts the Customer's card details which the Seller cannot access.

Any personal information we may access about you will only be used in accordance with our privacy policy.

The contractual information is presented in English and is subject to confirmation at the latest when the order is validated by the Customer.

Product offers are valid as long as they are visible on the Website, and while stocks last. Product offers are within the limits of available stocks, as specified when placing the order.

The sale will only be considered final after confirmation of acceptance of the order by the Seller has been sent to the Customer by email.

The main characteristics of the Products and in particular the specifications, and indications of dimensions, size, color or capacity of the Products, are presented on the Website.

The Customer is required to carefully read them before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer.

The Seller takes the greatest care to display accurate information on the Website. However, inadvertent typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, and availability may occur. The Seller reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after the Customer has placed his/her order). In the event that, due to a technical failure, products are listed at an incorrect price, the Seller has the right to refuse or cancel orders for products listed at the incorrect price.

The photographs and graphics presented on the Website are not contractual and cannot engage the
liability of the Seller.

The Customer is required to refer to the description of each Product in order to know its essential properties and particularities.

The confirmation of an order placed on the Website is carried out subject to the Customer's acceptance of the then applicable Terms and Conditions of Sales. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. This validation implies acceptance of the Terms and Conditions of Sales and constitutes proof of the sales contract between the parties.

It is therefore up to the Customer to verify the accuracy of the order and to immediately correct any errors.

Any order placed on the Website constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a
dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of his/her order on the Website.

4. PRICES AND PAYMENT TERMS

All prices listed on the Website are shown in Euro (€) and incorporate the VAT applicable on the order date.

The prices take into account any reductions that may be granted by the Seller on the Website.

The amount of the delivery costs will be automatically added to the order total at the time of the validation of the order.

The prices of the Products are those in effect on the date of placing the order.

An invoice is drawn up by the Seller and given to the Customer when the Order is placed.

Italian VAT is applied to all sales within the European Union.

All orders must be paid at the time of the order with one of the authorized payment methods offered on the Website: Visa, Mastercard, American Express.

By completing a transaction on the Website, the Customer is providing consent for his/her card to be charged. 
The Customer's payment card will then be debited after verification of its identification and banking information. If, for any reason whatsoever, the payment is declined, the order will not be processed by the Seller and/or will be cancelled.

The Seller reserves the ownership of the Products until the payment by the Customer has been successfully made.

5. DELIVERIES

The Products ordered by the Customer will only be delivered to the countries of the European Union indicated hereafter: Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece¸ Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

Products will be shipped to the delivery address provided by the Customer at the time of order. Deliveries cannot be made to hotels or P.O. boxes. The Seller bears no responsibility for any missing/erroneous delivery information provided by the Customer.

The Products ordered will be dispatched by DHL or UPS on the date or within the timeframe indicated on the Website and in the confirmation e-mail. The Seller accepts no liability for shipping delays, whether or not in the Seller’s control. In the event delivery within the estimated time frame is not possible, the Seller will inform customer of such delay and will propose another delivery date or provide alternative options.

Each delivery is deemed as soon as the products ordered are made available to the Customer by the Carrier. The risk of lost or damage of the Product(s) is transferred to the Customer at the time of the Delivery. It is the Customer’s responsibility to check the conformity and completeness of the products he/she ordered on receipt.

If the transportation packaging shows signs of impact and/or damage, the Customer must notify this in writing on the Carrier’s delivery slip, request the latter for an acknowledgement of his/her reservations and then confirm the reservations by registered letter sent to the  Seller within eight working (8) days following receipt of the order, sending the Seller a copy of his/her complaint, accompanied by photographic evidence.

In the absence of any reservation expressly made to the Carrier under the foregoing conditions, the Customer will be deemed to have received the products in perfect condition, it being specified that the absence of any reservations means the Seller cannot take any action against the Carrier.

6. RETURNS AND REFUNDS

Except for perfume products, the Seller will accept returns of products purchased on the Website
that are unused, unwashed, returned in their original condition and packaging, with labels still attached, provided such returns are made within 14 days of delivery. The Customer will return to the Seller the return form sent to him/her by the Seller in the email confirming his/her order and following the instructions provided to mail the package back to us.  Products purchased on the Website cannot be exchanged in store. Refunds (minus any shipping costs) will be issued to the original method of payment.

7. RIGHT OF WITHDRAWAL

In the countries of the European Union, the Customer as the consumer has the right to withdraw from the Contract within 14 days of receipt of the Product, without any penalty and without specifying the reason as provided by law, provided that the Products are returned in their original packaging and in perfect condition within fourteen days following notification to the Seller of the Customer's decision to withdraw.

Returns must be made in their original condition and complete (packaging, instructions, etc.) allowing them to be put back on the market in new condition.

Damaged, soiled or incomplete Products cannot be returned and will not be accepted as returns.

The right of withdrawal can be exercised online, the Customer must send an email to the Seller's contact address contact@carlotharay.com,  in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, unambiguous, expressing the desire to retract.

If the right of withdrawal is exercised within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs are refunded; return costs remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within fourteen days from receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

8. SELLER’S RESPONSIBILITY – WARRANTY

The Seller guarantees the Customer that the Products will be free from manufacturing and material defects as well as in accordance with the descriptions published on the Website, providing the legal guarantee of compliance.

It is understood that the Products comply with the Contract if (i) they comply with the description given and have the qualities presented on the Website, (ii) are suitable for the use for which they are normally intended, (iii) show quality and characteristics which are normal in goods of the same type and which can be reasonably expected.

Once the Product has been received, the Customer must promptly check its compliance.

In the case in which the Customer is aware that the Product received is faulty or does not conform
to the terms provided by the Order sent or by these Terms and Conditions of Sales, they must notify the Seller Customer Services as soon as possible (in any case, by and within 8 (eight) days from receipt) using the email address contact@carlotharay.com indicating the Order details and the differences/faults found in the Product received accompanied by photographic evidence.

The Seller will provide the Customer with the information necessary to be able to return the Product. These guidelines do not in any way constitute recognition of defects or non-compliances, whose existence must then be established once the Seller has received and examined the Product.

Once returned, the Seller will examine the Product and will notify the Customer of the outcome of
the checks carried out using the address provided by the latter in the Order.
If the Product is not covered by a guarantee, it will be returned to the Customer. Otherwise, the Seller will communicate whether it intends to proceed with the Product repair/replacement or refund the entire amount received by the Customer.

The Product refund and/or replacement will be carried out as soon as possible and in any case within 14 days from the sending date of the acknowledgment by the Seller to proceed with the refund or the repair or replacement of the Product. In the case of a refund, the amount paid will be returned in full, including the delivery costs incurred to send the Product and for the refund. The refund will be made by the payment method used to make the purchase.

The delivery costs for the return to the Seller of Products to be repaired or replaced, as well as all costs for the delivery to the Customer of the repaired or replaced Products will be solely borne by the Seller.

It is pointed out that European legislation, in relation to the sale and guarantee of a consumption good, provides for a minimum legal guarantee of 2 years. The individual Member States may require the consumer to report the defect found within 2 months from its discovery. Defects found within 6 months after delivery of the Product, are presumed, until proof to the contrary, already existing at the time of delivery.

In any case, the Customer as a consumer can use the internal legislation in their country of origin, if it is more favourable than that laid down in the European rules.

The legal guarantee of compliance is always applicable, provided that the Customer can provide the purchase receipt only.

The Seller cannot be held liable in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

9. INTELLECTUAL PROPERTY

The presentation, content of the Website and each of the elements that compose it are protected
by Italian and international laws relating to intellectual property in force and are the property of the Seller or are subject to authorization for use for its benefit.

Any total or partial reproduction and/or representation of the Website is strictly prohibited
without the express prior authorization of the Seller. In the absence of such authorization, any reproduction and/or representation of the Website or one of the elements which compose it, for whatever purposes, is likely to constitute an offense of counterfeiting.

In addition, the Seller remains the owner of all intellectual property rights relating to the Products and the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Customer) with a view to and within the framework of the provision of Services to the Client. The Customer therefore refrains from any reproduction, representation or exploitation of the Products, said studies, drawings, models and prototypes, etc., outside the framework of the Services in accordance with these Terms and Conditions of Sales, without express, written and prior authorization of the Seller who can condition it on financial compensation.

Carlotha Ray® is a registered trademark owned by the Seller.

10. PROTECTION OF PERSONAL DATA

When the Customer browses the Website and during the provision of the Services, the Seller is required to collect and process personal data relating to the Customer in its capacity as data controller.

The characteristics of this processing of personal data and the Customer's rights in this regard
are specified in the Privacy Policy accessible here: Privacy Policy.

The Seller undertakes, in this regard, to comply with the requirements of applicable law and, in particular, the General Data Protection Regulation (EU) n°2016/679.

For any questions relating to the processing of his/her personal data, the Customer is invited to contact the Seller by e-mail at the following address: contact@carlotharay.com.

11. FORCE MAJEURE

The Seller may be required to suspend performance of the contract if it is unable to perform its
obligations due to a case of force majeure.

The Seller will contact the Customer in advance to inform them of the suspension of supply of the Product, unless the problem is urgent or there is an emergency, in which case the Customer will be contacted as soon as possible. If delivery must be suspended for more than 30 days beyond the estimated delivery date, the Customer may terminate the contract and will be refunded the amounts paid.

12. APPLICABLE LAW - LANGUAGE - DISPUTES

Relations between the Seller and the Customer are governed exclusively by Italian law. In any case, the Customer, as a consumer who is usually resident in one of the Member States of the European Union, also benefits from the protection offered by the mandatory rules of their Country of residence.

Any dispute which is not amicably resolved will be subjected to the non-exclusive jurisdiction of the Court of Milan, Italy. As a consumer, the Customer also has the right to appeal to the courts of the Member State of the European Union where they reside or are domiciled.

For Customers residing in a European Member State, in accordance with EU Reg. No. 524/2013, the Customer can request out-of-court dispute resolution online by accessing the following link: https://ec.europa.eu/consumers/odr.

With a view to an amicable solution to disputes, the Seller invites Customers to contact Customer
Services to discuss any problematic issues before undertaking judicial initiatives.

The original text of the following Terms and Conditions of Sale is in English. 

• In the case of a conflict between the versions of the Terms and Conditions of Sales provided in a
  language other than English and accepted by the Customer, the meaning and interpretation of the Terms and Conditions of Sales in English shall prevail.

13. PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE

The fact for a natural (or legal) person to order on the Website implies full and complete adherence and acceptance of these Terms and Conditions of Sales and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to avail itself of any contradictory document, which would be unenforceable against the Seller.