Legal

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Him Co Lab S.r.l. has always been focused on providing its customers with high quality service.
The creation of a web site dedicated to the “Carlotha Ray” brand is another step to achieve this goal.

Reading and accepting these general conditions of access and use is an essential requirement for accessing to the website www.carlotharay.com (the “Website”).

In addition to these terms and conditions, please carefully read and expressly accept our privacy policy, with its associated disclosure regarding the processing of personal data and our cookie policy. Failure to read and accept them will not allow you to access the  Website.

This Website is operated by Him Co Lab S.r.l., as identified below (hereinafter “Him Co”).

These policies and conditions may be updated from time to time and will remain accessible through the Website at all times, should you need to read them again at any time.

 

1 WEBSITE ACCESS AND REGISTRATION

1.1 Requirements for registration

The Website is the property of 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"):

Registration process requires you to provide us with your full data in order to create your unique profile and log-in set (username and password).

1.2 Login credentials

During the registration process, you will need to create your credentials for accessing the Website (username and password) in accordance with the given security parameters.

At the end of the registration process, you will also be provided with your customer code.

Please note that your login credentials and client code are strictly personal and, therefore, you are recommended to keep them safe and confidential. Him Co Lab S.r.l. and all partner companies active in the management of the Website disclaim, as of now, any liability regarding the improper, and/or unauthorized use of access credentials.

Access to the Website is free of charge and involve no direct charge to the user.

1.3 Password recovery and assistance

During the registration process, you will also be instructed on methods for recovering your password if necessary, resetting it, using your username (i.e., the e-mail address used during registration). For security reasons, during registration, the system may require you to set and answer some security questions designed to facilitate password recovery. 

In the Website access box, so-called Log-in frame, you will find a special command aimed at recovering the forgotten password: click it and you will receive a dedicated e-mail message to the e-mail address given during registration, containing a link that will allow you to set a new password.

If the reset procedure is unsuccessful, or you experience other problems with the operation of the Website or browsing anomalies, you may contact our customer service department in the manner indicated in the same dedicated e-mail message.

In case of loss of your username, Him Co Lab S.r.l., having obtained the necessary information and carried out the appropriate verifications, will evaluate at its discretion the possibility of activating a new registration, attributing new credentials to the user.

1.4 Traceability, identification and location

For your security, and in order to prevent misuse, any access to the Website is tracked through the use of tracking cookies (see our cookie policy). 

All accesses to the Website are recorded: data are expressed in this format: dd/mm/yyyyy - hours : minutes : seconds (CET - Central European Time).  

In accordance with the privacy policy, Him Co Lab S.r.l. and/or its partner companies may use your browsing data for statistical purposes, as detailed in the cookie policy and the privacy policy, as well as in the accompanying disclosure regarding the processing of personal data.

Acceptance of these conditions together with the policies referred to therein, authorizes Him Co Lab S.r.l. and/or its partner companies to use and process the data collected for the purposes described. 

1.5 Maintenance

This Website and its contents are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. No written information given through this Website or in relation to its contents shall create any representation or warranty, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose. Him Co Lab S.r.l. expressly disclaims any representations and warranties.

From time to time, the Website may be subject to updating or maintenance and may be inaccessible to users. Barring unforeseen events, anomalies, or sudden malfunctions, scheduled interventions are always pre-announced by notice on the Website.

The timely solution of any malfunction is among the goals of Him Co Lab S.r.l. and its partner companies. However, the latter cannot be held liable for interruption of the services provided through the Website, even in view of the fact that what is offered to you is free of charge.

1.6 Communication by electronic means

Him Co Lab S.r.l. plays the role of webmaster and administrator of the Website, also pursuant to Italian Legislative Decree 70/2003 as later amended and supplemented. 

As you browse the Website, in accordance with our privacy policy, you may receive electronic communications via email, SMS or through other media (e.g. chatbots, banners, pop-ups, etc.) in order to make your experience more functional. All of the above communications will be in written form and may be retained by Him Co Lab S.r.l. and/or its partner companies to improve the Website, or for statistical or training purposes.

All communications, provided they are made in writing, are deemed and assumed to be read and received by users, even if not viewed.

1.7 Non professional destination

The Website is intended only for consumers, with express exclusion of professional use.

1.8 Intellectual property

The Website is a work of authorship and constitute a database under applicable national and international law on the matter. All contents on the Website, visible or not visible, such as, for example, layouts, buttons, banners, dividers, keys, icons, images, illustrations, logos, software, photographs, combinations, methods, audio or video file processes, digital downloads, trademarks of any kind (including unregistered), names, patents, reviews, lists, slogans, tag-lines, etc. (for brevity, jointly, the "Content") are the exclusive property of Him Co Lab S.r.l., unless otherwise specified.  

Content cannot be reproduced or exported without the express written permission of Him Co Lab S.r.l.

Registration on the Website does not grant the user any right to exploit the Content.  

All the items present and depicted on the Website are the property of Him Co Lab S.r.l., which is also the owner of the industrial and intellectual property rights relating to them such as, for example: designs, models, patents, etc.

The "Carlotha Ray®" trademark, in whatever graphic form or declination, is the exclusive property of Him Co Lab S.r.l. and its use is expressly reserved. 

1.9 Submissions

You agree that any and all proposals, designs, concepts, photographs, testimonials, and other items or material (except for your personal information) disclosed or submitted to Him Co through this Website or by other means (hereinafter "Submissions") are neither confidential nor proprietary to you. All submissions become Carlotha Ray's property upon submission to Him Co Lab S.r.l.. By making a Submission to Him Co, you assign to Him Co Lab S.r.l. all rights, title and interests, including copyrights, in the Submission.

By making a Submission, you agree that Him Co has the right, but not the obligation, to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.

1.10 Links

The Website may contain links to websites owned by third parties (so-called outbound) whose management is left to them and so is the corresponding liability. Likewise, any link to the Website from third-party websites (so-called inbound) must be authorized in advance by Carlotha Ray.

The transmission of data over the Internet cannot ever be guaranteed to be completely secure. It is possible that third parties beyond the control of Him Co Lab S.r.l. may be able to access or intercept transmissions or private communications without Him Co Lab S.r.l.’s permission or knowledge. Him Co Lab S.r.l. makes every possible effort to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Data is transmitted at your own risk and Him Co Lab S.r.l. cannot be held liable for any breach of security which is not directly attributable to negligence on the part of Him Co Lab S.r.l.. 

1.11 Contacts

Owner of the Website and webmaster:

Him Co Lab S.r.l.

Via Orobia, 34

20139 Milano,

Certified E-mail (PEC):
himco@pec.it

** ** **

Site Publishing
Director: Antonello Orunesu Preiata (contact@himco.it)

Host: The site is hosted by Shopify Inc, headquartered at 126 York St. Ottawa, ON K1N 5T5, Canada. Telephone number: 1-888-746-7439.

 

2. USE OF THE WEBSITE

2.1 Intended use

The Website is intended for non-professional use only (B2C). It was specially created and is operated to meet the needs of non-professional operators as to the products and accessories, services, bearing the Carlotha Ray® brand.

Any other use is expressly excluded.    

Him Co Lab S.r.l. reserves the right to ban or revoke access to the Website in the event of misconduct or misuse.

2.2 User registration and payment information

Once registered, you will be able to benefit from the features of the Website in accordance with these terms and conditions by placing your orders.

For security reasons, the Website does not store data related to the payment instruments used (credit card, bank data, etc.) but each user can opt to save them locally on their device, under their own responsibility.  

2.3 Customization, suggestions and tutoring

In order to customize the browsing experience on the Website with respect to the needs of each customer, in accordance with the privacy policy and the cookie policy, Him Co Lab S.r.l. use tools designed to personalize each session. Such tools may include suggestions, chatbots, and tutoring or mentoring activities, etc. 

2.4. Applicable law and jurisdiction

You agree that by accessing this Website you accept Italian jurisdiction. The General and Conditions of Access and Use shall be governed by and construed in accordance with Italian law and any action arising out of or relating to these General and Conditions of Access and Use shall be subject to the exclusive jurisdiction of the Courts of Milan, Italy.

2.5 Acceptance

I have read in full, understood and therefore accept these general conditions of access and use and agree to abide by them. Acceptance is done by electronic ticking during initial registration. 

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.