Terms & Conditions

TERMS OF USE

Welcome to our website at odissi-studio.com (the “Website”). The Website is owned and operated by HIMCO USA Inc. (“HIMCo” or “us”). These Terms of Use (these “Terms”) govern your access to and use of the Website. These Terms are subject to change at any time without notice. Any changes to the Terms are effective upon their posting to the Website. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, AS IN EFFECT WHEN YOU ACCESS THE WEBSITE, DO NOT USE THE WEBSITE.

1) PURPOSES AND FUNCTIONALITIES OF THE WEBSITE

We use the Website to promote and sell Odissi™[1] products and collections in the USA. To purchase products online, users may be required to establish an account with us by providing certain personal information. Such accounts may also enable users to view reserved areas and content, to receive newsletters relating to Odissi™ or other products of HIMCo and its affiliates and to participate in other marketing initiatives, among other things.

Although the Website is accessible from other countries, only users within the [US] may purchase products through the Website. If you reside in another country, please click here https://www.odissi-studio.com. Service may not be available in all countries.

2) WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

Although HIMCo strives to ensure that information on the Website is accurate, HIMCo does not warrant that such information is correct, comprehensive or current (including with respect to product prices and availability). If a product offered on the Website is not as described, your sole remedy is to return it to us for a refund or credit. Please see our Return Policy for details.

We have made every effort to display as accurately as possible the appearance, and particularly the colors, of the products included on the Website. However, the actual color you see will depend on your computer settings and we cannot guarantee that your computer will accurately display our colors.

HIMCo does not warrant that this Website, or any product shown on the Website, will be available at any given time or will operate without interruption. At any time, we may change, suspend or terminate this Website or any product or service shown on the Website, without notice to you.

YOUR USE OF THIS WEBSITE AND OUR PRODUCTS IS AT YOUR RISK. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED BY HIMCO ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

To the extent permitted by applicable law, HIMCo disclaims any responsibility for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Website, or your downloading of any information or materials from the Website.

IN NO EVENT WILL ANY OF HIMCO, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, OR THE PURCHASE, USE, OR INABILITY TO USE ANY HIMCO. PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless HIMCo, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by you of any of these Terms, (ii) your [User Communications and User Content], (iii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by HIMCo) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

3) HIMCO CONTENT

The Website and all of its content, including without limitation software, HTML code and other computer code, the Website’s visual user interface, text, graphics, scripts, artwork, photographs, images, designs and audiovisual materials (collectively, “HIMCo Content”) is owned by HIMCo and its licensors. All HIMCo Content is protected by applicable intellectual property laws and treaties, including but not limited to copyright, patent and trademark laws.

4) TRADEMARKS

Odissi™ and other trademarks and service marks used on the Website are the registered or unregistered trademarks or service marks of HIMCo and its affiliates or, where indicated, of third parties. Nothing contained in the Website or these Terms grants, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks or service marks.

5) USER’S CONTENT

By submitting, uploading or posting any content, including without limitation any document, text, comment, suggestion, idea, information, image or video picture (“User’s Content”), whether through the Website or to HIMCo or its affiliate with reference to the Website or to the use thereof, you agree as follows: (a) such User’s Content shall be neither confidential nor proprietary to you; (b) you grant HIMCo, its affiliates and their relevant third-party service providers (collectively, the “Licensed Parties”) a perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable right to use, alter and make derivative works of, User’s Content in any manner we determine in our sole discretion, including without limitation on our webpages, social media pages, and in other marketing initiatives, anywhere in the world, in any media now or hereafter existing; (c) Licensed Parties shall have the unlimited right to use any ideas, concepts, know-how, or techniques embodied or contained in User’s Content, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products based on such information; (d) you have no expectation that we will review, use, retain, acknowledge or compensate you for any of the foregoing; (e) to the extent permitted by applicable law, you waive all “moral rights” that you may have in such User Content; and (f) you represent and warrant that (i) the User’s Content is original to you, (ii) you own all applicable legal rights in such User’s Content, (iii) such User’s Content does not and will not infringe upon the rights of any other person or entity.

If any individual is depicted in the User’s Content, you further represent and warrant that: (x) such individual has reached the age of majority under applicable law or you are the parent or legal guardian of such individual; (y) you grant the Licensed Parties the right to copy, edit, change, revise, display, perform, publish, distribute the likeness of such individual; and (z) you have the authority to attest to this release on such individual’s behalf.

You may not upload post or otherwise submit any material that: (i) is threatening, harassing, defamatory, libelous, offensive, abusive, obscene, pornographic or profane, misleading; (ii) infringes any party’s intellectual property or privacy rights; (iii) promotes racism, bigotry or hatred of any kind against any group or individual; (iv) promotes violence or damage to property; (v) contains any advertising or other form of solicitation; (vi) contains software viruses or any other malicious computer code; or (vii) can reasonably be expected violates any law or to give rise to civil liability, or encourages any of the foregoing.

6) THIRD-PARTY CONTENT

The Website may contain, use or display content created by third parties, information obtained from public sources and links to websites operated by third parties (collectively, “Third-Party Content”). HIMCo does not control or monitor Third-Party Content and is not responsible or liable for the accuracy, security, reliability or legality of any Third-Party Content and cannot and does not guarantee that such Third-Party Content will not contain any virus or other malicious code that could damage data or property.

A link or reference to Third-Party Content in the Website shall not constitute an endorsement by HIMCo or its affiliates of such Third-Party Content. Any access to, use of, or reliance upon Third-Party Content by you shall be at your own risk and none of HIMCo or its affiliates will have any liability to you for any loss or damage that you may suffer (including but not limited to any loss or damage to your computer hardware, software or data) arising out of such access, use or reliance.

7) COPYRIGHT AND TRADEMARK RULES (DMCA)

It is our policy, in appropriate circumstances and at our discretion, to disable the accounts of users who repeatedly infringe the copyrights of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), we will respond to claims of copyright infringement committed using the Website that are reported to our Designated Copyright Agent, as follows:

HIMCo USA Inc.

545 West 25th St

4th Fl

New York, NY 10001

customerservice@odissi-studio.com

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with a notice (a “DMCA Notice”) containing the following information:

- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

- a description of the copyrighted work or other intellectual property that you claim has been infringed;

- identification of the material that is claimed to be infringing and a description of where such material is infringing is located on the Website;

- your address, telephone number and, if possible, email address;

- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

- a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If your work has been removed due to a DMCA Notice pursuant to the foregoing procedure, and you believe that your content is not infringing, then you may send a counter-notice (a “DMCA Counter-Notice”) to our Designated Agent containing the following information:

- your physical or electronic signature;

- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

- a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in [New York, New York], and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a DMCA Counter-Notice is received by our Designated Agent, we: (a) will send a copy of the DMCA Counter-Notice to the original complaining party informing that person that we may restore (or cease disabling) the removed content within not less than 10 nor more than 14 business days; and (b) may, in its discretion, restore the content during such time window unless the alleged copyright owner notifies us that it has filed an action seeking a court order against the content provider, member or user. Note that HIMCo’s policy to address allegedly infringing content on the Website may vary by jurisdiction.

8) YOUR USE OF THE WEBSITE

You may use the Website and HIMCo Content only for your personal use, in accordance with these Terms and subject to applicable law. Without limitation of the foregoing, you may not, and may not permit, assist or allow any third party to:

(a) copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute this Website or any HIMCo Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, website;

(b) access or use this Website or any HIMCo Content for any commercial purposes, including any advertising or revenue-generating activity on your own or any third party’s website, platform or other online space or means;

(c) use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or HIMCo Content or any part thereof, or in any way reproducing the structure or appearance of the Website or any HIMCo Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies;

(d) access or attempt to access any portion, section or feature of the Website, or any system, server or network connected to the Website that is not intended for your access, whether by hacking, password mining or any other illegitimate technology or means;

(e) probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website;

(f) breach the protection, security or authentication measures on the Website;

(g) reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website, or any other customer, or carry out any similar activity;

(h) exploit or use the Website, any HIMCo Content, or any service or information made available or offered by or through the Website for any unlawful purposes or for any purposes not allowed by these Terms or solicit the performance of any illegal activity or other activity which infringes the rights of HIMCo or others;

(i) take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website; or

(j) use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

HIMCo reserves the right to discontinue or suspend your access or use of the Website, without notice, if (I) we believe you have violated these Terms, or (II) deem such a measure necessary for security reasons.

9) ENTIRE AGREEMENT

These Terms, including the Annexes listed below, which are incorporated herein, constitute the entire agreement between you and us with respect to the subject matter hereof:

Annex 1: Terms of Use for Customer Accounts[2]
Annex 2: Terms of Sale
Annex 3: Return Policy
[Annex 4: Business Policy]
Annex 5: Privacy & Cookie Policy

10) GOVERNING LAW

To the fullest extent permitted by applicable law, these Terms and any claim or dispute arising out of or relating to our services, these Terms, or your use of the Website (“Dispute”) will be governed by and construed in accordance with the law of the State of New York, without regard to its choice-of law-provisions, and not by the 1980 U.S. Convention on Contracts for the International Sale of Goods.

11) DISPUTES

(a) Limitations. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises.

(b) Informal Dispute Resolution. You and we agree to work together in an effort to resolve any Dispute. The party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

- Us at: Copyright Manager

HIMCo USA Inc.

545 West 25th St

4th Fl

New York, NY 10001

customerservice@odissi-studio.com

- You at your last-used billing address or the billing or shipping address in your online profile.

Both you and we agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

(c) Arbitration. To the extent you and we cannot resolve a Dispute through the informal dispute resolution procedure described above, such Dispute will be resolved by binding arbitration, rather than in court, except that you or we may assert individual claims in small claims court if the claims qualify and so long as the matter remains in such court and advances only on an individual basis. You and we agree to give up your right to go to court to assert or defend your rights under these Terms and with respect to any Dispute. This also includes any Dispute that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration. You and we expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

Payment of all filing, administration, and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, including rules related to multiple or mass case filings, except as provided in this section. The arbitration shall be conducted by AAA pursuant to its Consumer Arbitration Rules (“AAA Rules”) and, if appropriate, its Mass Arbitration Supplementary Rules (“Supplementary Rules”), as modified by this Section 12. The AAA Rules and Supplementary Rules, are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. If you initiate an arbitration against us, you will be responsible for the non-refundable individual’s initial filing fee. To the extent the filing fee for the arbitration exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration, the arbitrator may require us to reimburse you for the excess amount you paid to AAA. If the arbitrator finds that AAA’s filing, administrative, hearing, and other fees would be prohibitive for you as compared to the costs of litigation, the arbitrator may require us to reimburse as much of such fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you. If the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, groundless, or brought or continued in bad faith, you must reimburse us for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA Rules. If your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may, in the arbitrator’s discretion and to the extent authorized by applicable law, include in the award rendered by the arbitrator costs of arbitration, reasonable attorneys’ fees, and reasonable costs, including costs for expert and other witnesses, to the prevailing party, and the arbitrator shall include in such analysis whether any claims made in the arbitration were frivolous or were brought or continued in bad faith.

ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

The arbitrator shall be empowered to resolve the Dispute with the same remedies as are available in court. However, to the extent permissible by applicable law, any relief must be individualized to you and shall not affect any other customer. You and we agree that each may bring claims against the other in arbitration only in your or our respective individual capacity and in so doing you and we hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim, then that claim (and only that claim) must proceed in court and be severed from any arbitration.

(d) Mass Arbitration and Bellwether Protocols. To the extent permitted by applicable law, to increase efficiency of resolution, in the event 25 or more arbitration demands of a similar nature are filed within 180 days of an arbitration demand filed on your or our behalf, and your claim or defense is presented by or with the assistance or involvement of the same law firm, organization, or collection of law firms as is involved in the other arbitrations of a similar nature, this will constitute a “Mass Arbitration”. If you and we disagree about whether a Mass Arbitration has been instituted, either party may request that the arbitration provider determine that a Mass Arbitration has been instituted and that the procedures below are applicable. For purposes of making this determination, arbitration demands shall be deemed of a “similar nature” if they (i) arise out of or relate to a similar factual scenario, (ii) raise the same or similar legal issues and (iii) seek the same or similar relief.

From the date of agreement that a Mass Arbitration has been filed, or if the arbitration provider determines that a Mass Arbitration has been filed, either party may opt out of arbitration within thirty (30) days of the determination. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to us, at customerservice@odissi-studio.com. We may opt out of arbitration by sending written notice of our intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented.

If the parties proceed with the Mass Arbitration, then, to promote a fair and speedy resolution of all claims in the Mass Arbitration, the arbitration provider shall randomly select four (4) demands for arbitration to proceed, and then claimants and respondents shall each select three (3) demands for arbitration to proceed, for a total of ten (10) arbitrations (the “Bellwether Arbitrations”). While the Bellwether Arbitrations are adjudicated, all remaining demands for arbitration comprising the Mass Arbitration shall be held in abeyance and stayed, and no party shall be responsible for paying any additional administration or arbitrator fees (other than initial filing/administrative fees for the Bellwether Arbitrations and the abeyance fees). Any applicable statute of limitations regarding those demands shall be tolled beginning from the date of determination that there is a Mass Arbitration. These bellwether procedures are designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Arbitrations, including claims that are not selected as Bellwether Arbitrations. Accordingly, following the resolution of all Bellwether Arbitrations, the parties shall engage in a global mediation of all remaining demands for arbitration comprising the Mass Arbitration. The mediation shall be administered by the arbitration provider, or a mutually agreeable other mediator.

If the parties are unable to reach a global resolution following the above Bellwether Arbitrations and global mediation, the following batching provisions shall apply to the remaining claims:

(i) The parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch. To the extent there are fewer than 100 arbitration demands left over after the batching previously described, a final batch shall consist of the remaining demands; and

(ii) The arbitration provider shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, and administrative, arbitrator, and filing fees per batch.

This batching process shall not affect the nature of these actions as individual in nature, including that the arbitrator will make a separate determination for each claimant, nor shall it change the burden of proof on each individual claimant. You must cooperate in good faith with us and the arbitration provider to implement such a batch approach to resolution. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. If the AAA is unable or unwilling to administer the Dispute in accordance with the terms set forth in this section, the parties shall agree to another arbitration provider that is willing and able to administer the Mass Arbitration pursuant to the Bellwether Arbitration and batch approach outlined in the terms above.

(e) Severability of Arbitration Agreement. If any portion of the foregoing clauses (b) through (d) (collectively, the “Arbitration Provisions”) is found to be unenforceable or unlawful for any reason: (i) the unenforceable or unlawful provision shall be severed from the Arbitration Provisions; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Provisions or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Provisions; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

(f) Opt-Out. You may opt out of this Arbitration Provisions via email. If you do so, neither party can force the other party to arbitrate. To opt out of this Arbitration Provisions, you must notify us in writing no later than thirty (30) calendar days after the of (i) your first use of the Website or (ii) the subsequent posting of revisions to the Arbitration Provisions. If you opt out of the Arbitration Provisions, the class action waiver shall continue to apply. Your opt-out notice must be sent via email to customerservice@odissi-studio.com and shall include your name, address, and the same email address you used to create an account with us (if you created an account with us) and a statement that you wish to opt out of the Arbitration Provisions.

(g) Litigation. Any Dispute that is not resolved pursuant to the Arbitration Provisions shall be subject to the exclusive jurisdiction of state or federal courts sitting in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts. If for any reason a claim proceeds in court rather than in arbitration, YOU AND WE BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.

12) TERM; SURVIVAL

These Terms shall apply to you whenever, and for so long as, you access and use the Website or any HIMCo Content; provided that Sections 9 through 13 hereof shall continue to apply indefinitely after your access and use end.

13) SEVERABILITY

If any provision of these Terms is found to be unenforceable or unlawful for any reason, the remaining provisions hereof shall be unaffected thereby and the unenforceable or unlawful provision shall be reformed so as most closely to reflect its original intent.

Annex 1

TO TERMS OF USE

Terms of Use for Customer Accounts

This Annex is a part of the general Terms of Use (the “Terms”) for our website at odissi-studio.com. Capitalized terms used and not otherwise defined in this Annex are defined in the main body of the Terms.

Services

HIMCo offers registered users certain account services (“Services”) on the Website, including:

(a) registration details: you can check and update the personal details, email address and the password with which you registered;

(b) my orders: check details and shipping of all orders placed as a registered customer. After registration you will also be able to access the return form; and

Some Services may not be available in your country. Please check which services are available through your account.

Registration

2.1 To use Services, you must be of majority age (under the law of your country) and register to create an account (“My Account”) on the Website, which includes your acceptance of these terms of use for the Services. Registration is free. To create your account, you will need to fill out the registration form by entering the required information. We will send you an e-mail to confirm your registration.

2.2 When establishing your account, you must provide the required information accurately and completely. You must promptly inform HIMCo via the Website in case of any changes to such information, to ensure that you don’t miss (and others don’t see) communications from HIMCo.

2.3 The Services are not intended for minors. By registering for Services, you represent that you are of majority age under the law of your country. If HIMCo becomes aware that you have misrepresented your age, HIMCo will cancel your account.

2.4 You are responsible for the security of your account-access credentials. You must not share these credentials with others. Please inform us immediately if you suspect that there has been unauthorized access to your account or that your password has been breached.

2.5 Some Services may require communications by electronic means, such as email, text message or telephone. If you want to use these specific Services, you will be asked to give your consent to be contacted in these ways.

Duration and termination

3.1 Your registration for the Services will be effective upon your receipt of our email confirming such registration and for the entire period in which you use Services.

3.2 You may, at any time and for any reason, close your account by sending a request to our customer service department and selecting “privacy”. We will send you an email to confirm the cancellation of your account.

3.3 HIMCo may terminate or suspend any or all of the Services at any time, without notice to you, for any reason or no reason, with no liability to you. Additionally, and without limitation of other remedies HIMCo may have against you under applicable law, HIMCo may terminate your account and access to Services at any time if you breach any provision of the Terms, including without limitation this Annex.

Disclaimer of Warranty

Without limitation of the disclaimers in the Terms, you acknowledge that the Services are provided to you without charge, as a convenience to you, on an “as is” and “as available” basis.

Amendments

This Annex is subject to change at any time without notice. Any changes to this Annex are effective upon their posting to the Website. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS ANNEX, AS IN EFFECT WHEN YOU ACCESS YOUR ACCOUNT, YOU MUST TERMINATE YOUR ACCOUNT.

Annex 2

TO TERMS AND CONDITIONS OF USE

Terms of sales

www.odissi-studio.com

Subject

1.1. These general terms and conditions of sale (hereinafter also the “Conditions”) shall apply to the purchase of all products (hereafter the “Products” or individually the “Product”) via the e-commerce website www.odissi-studio.com (hereafter the “Site”) by users falling within the definition of "Consumers” pursuant to article 1.2 below.

The Site, which is the property of HIMCO USA Inc. (hereafter the “Owner”) and it is managed by this latter.

1.2. The Parties involved in the purchase of Products via the Site shall be HIMCO USA Inc. as Seller (hereafter also referred to as the "Seller ") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the "Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties").

1.3. The Owner is a party of these Conditions, and it holds all rights to the Site's domain name, the logos, the registered trademarks relating to the products available on the Site and holder of all copyrights relating to the Site and its contents.

1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address: customerservice@odissi-studio.com.

1.5. All purchases are regulated by the general terms and conditions of sale published on the Site at the time the order (i.e. order proposal) is submitted by the Consumer.

1.6. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only. It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall be applicable but, in derogation of what foreseen by the same:

the withdrawal right referred to in article 10 shall not apply to the buyer;
the Product warranty referred to in article 8 shall not apply to the buyer;
no other provisions foreseen in favor of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.

1.7. On submitting the order, the Consumer agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the site registration or purchase process.

1.8. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.

1.9. The Customer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.

Product features and availability in the various geographical areas.

2.1. The Products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.

2.2. The Supplier reserves the right to amend all or part of these Conditions at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site and will only apply to sales concluded from that date onwards.

2.3. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, the Consumer is therefore advised to check the actual prices before submitting the purchase order, pursuant to article 3 below.

2.4 The Site can be accessed from all over the world, but the sale and purchase of Products is limited to a certain territory (i.e. European Union, United Kingdom, Switzerland and Liechtenstein). For this reason, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed on the Site.

Product purchase procedure - Conclusion of each individual purchase contract

3.1. The presentation of the Products on the Site, which are not binding for the Seller, is merely an invitation to the Consumer to make a contractual offer to purchase and is not an offer to the public.

3.2. The purchase order submitted by the Consumer to the Seller via the Site shall be a valid contractual offer and is subject to these Conditions, which form an integral part of said order; by placing an order with the Seller the Consumer undertakes to fully accept the same without reservation. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these Conditions carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Consumers will also be asked to check and correct any lacks or errors in their personal data.

3.3. The Consumer's purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided to the Seller during the Site registration process, or during the order process if the Consumer has not registered on the Site; the e-mail will include the text of these Conditions, a summary of the order placed, including a detailed list of the prices, shipping costs and applicable duties, along with a description of the product features. The Consumer’s order, the Seller's order confirmation and the Conditions applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Consumer may request a copy of the same by sending an e-mail to the Seller at customerservice@odissi-studio.com.

3.4. Any contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by e-mail.

Product selection and purchasing procedure

4.1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register with the Site, providing details as requested, or, (ii) where already registered, to login, or (iii) to provide their details through the guest check out procedure, so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and change the contents: at this point, the Consumer, is required to carefully read and expressly approve these Conditions along with all the other relevant documentation concerning the Site, by ticking the relative check boxes and, finally, confirm the order by pressing the "Place Order" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract. The Consumer will also be asked to select payment method from those available. If the Consumer selects immediate payment by credit card, Pay Pal or real-time, immediate bank transfer, he will be prompted to provide the relevant data via a secure connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.

4.2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following e-mail address: at customerservice@odissi-studio.com..

Delivery and acceptance of goods

5.1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.

5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below. If the consumer has chosen bank transfer as payment method, delivery time will run from the receipt of the bank transfer by the Seller.

5.3. The Products ordered by the Consumer shall be delivered according to the method available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, within and no later than 3 (three) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of these Conditions; failure to do so will infer that the Products shall be deemed as accepted. If the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with rights reserved”.

Prices, shipping costs, customs duties and taxes

6.1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable). However, the prices do not include any other duties and/or import duties (where applicable). The prices do not shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site. As to additional duties and in particular import duties, the Consumer is kindly requested to check whether, depending on his/her county of residence, any import duty is applicable to its order. We suggest considering their amount in advance to avoid any disappointment.

6.2. Subject to article 6.1 above, the total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs/import duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the Products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of Products.

6.4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under the Conditions are the exclusive responsibility of the Consumer.

6.5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination neither of the relevant order nor of this contract and shall under no circumstances be charged to the Seller.

Payments

7.1. Payment for Products purchased on the Site must be made strictly when the order confirmation is sent by the Seller to the Consumer. The Consumer expressly agrees that performance of the contract by the Seller will commence at the moment in which the price of the purchased product/s is credited to the Seller’s bank account. Failure to receive full payments in due time shall not allow the Seller to process and ship the order, even if it has been confirmed, as such confirmation shall be always subject to full payment receipt and confirmation.

7.2. Payments for orders placed on the Site can be paid for by credit card, or via PayPal, Apple Pay. Google Pay and Klarna at the conditions provided below. The Seller may also allow other payment methods, as seen in the specific payment section on the Site.

7.3. When payment is by credit card, the Consumer will be transferred to a secure site and the credit card information will be communicated directly to an operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128-bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.

7.4. The invoice/tax records relating to the purchase will be sent to the Consumer in electronic format, if required by law, to the e-mail address provided by the Purchaser during the registration process, if the Products are to be delivered to a recipient in the Italian territory, or attached to the purchased Product in paper format, in all other cases.

Seller's legal warranty of conformity, reporting of non-conformities and interventions under warranty.

8.1. The Seller, in accordance with European Directive 44/99/CE and Italian Legislative Decree No. 206/2005 (hereinafter, the “Consumer Protection Code”), provides Consumers with a legal warranty that the purchased products are free from material or manufacturing defects, and conform to the descriptions published on the Site for a period of 2 (two) years from the date on which the Products are delivered to the Consumer. Warranties are not applicable when Products have been exploited or used or washed in an inappropriate manner and/or without following the instructions/warnings provided by the Seller and/or the Owner of the Product, on the information leaflets, tags or labels.

8.2. The Consumer is required to report any defects and non-conformities of the Products, as soon as possible, but in in any case no later than 2 (two) months of detecting them, sending an email to the Customer Care Service addressed to customerservice@odissi-studio.com, clearly indicating the defect and/or non-conformity detected, along with the relative information indicated on the form itself (at least 2 (two) photographs of the Product, the order confirmation sent by the Seller and/or the receipt).

8.3. On receiving the request and related documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner’s service center and, having carried out quality control tests in order to assess whether the Product does not in fact conform, shall, at its own discretion, decide whether to grant authorization for the Products to be returned, responding to the Consumer via e-mail to the address provided by the Consumer when registering with the site or placing the order; this e-mail will include the form with the "Returned Product Code". Authorization to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity; this aspect will be assessed once the Products have been returned. The Products that the Seller has authorized to be returned shall be sent by the Consumer, together with a copy of the returned product authorization e-mail indicating the "Returned Product Code" within 30 (thirty) days from the date on which the defect or non-conformity was reported to the following address:

HIMCO USA Inc

545 West 25th St

4th Fl

New York, NY 10001

8.4. In case of defects or non-conformity, the Consumer will have the right to restore the conformity of the Product by the Seller, by repair or replacement of the same Product, or alternative remedies in cases expressly provided for by article 130 of the Consumer Protection Code.

8.5. If the Seller is required to refund the Consumer for the price paid, the refund will be made, where possible, using the same payment method used by the Consumer to purchase the Product, or by bank transfer. The Purchaser will be responsible for sending the Seller, using the email address customerservice@odissi-studio.com the bank details to receive the payment in his favor and allow the Seller to transfer the refund. Should a different payment method be chosen by the Consumer, additional steps and documents will be necessary to prove and attest the titularity of the card/account where the payment is supposed to be made by the Seller.

Defective Products Liability

9.1. The conditions foreseen by EC Directive 85/374/CEE and by Consumer Protection Code are applicable to any damages caused by defective Products to the extent that such damages are directly attributable, caused and linked to those defects.

Right of Withdrawal

10.1 The Consumer shall have the right to withdraw from any contract concluded pursuant to these general terms and conditions of sale, without incurring any penalty, within 30 (thirty) days from (i) the day on which the Product is delivered or (ii) if several products on one order are delivered separately, from the date the last product was received.

10.2 To exercise the right of withdrawal, the Consumer must notify, within the deadline indicated in paragraph 10.1 above, sending an explicit declaration to the Seller using the contact form or email address customerservice@odissi-studio.com, of their intention to exercise the right of withdrawal using the withdrawal form enclosed.

10.3 Upon complying with the requirements in paragraph 10.2 above, the Consumer will receive a withdrawal confirmation email containing the RMA code. Within and no later than the following 14 days, the Consumer is required to write the RMA Code on the form referred to in paragraph 10.2 and return the products to the Seller, together with the form referred to in paragraph 10.2, duly completed and bearing the RMA code, addressed to:

HIMCO USA Inc

545 West 25th St

4th Fl

New York, NY 10001

10.4 If the Consumer has received the product, they are required to return it to the Seller without undue delay and, in any event, within 30 days from the day that notice of such withdrawal was given. The deadline shall be met if the goods are returned before the period of 30 days has expired. All shipping risks and direct costs incurred when returning the products shall be borne by the Consumer.

10.5 If you withdraw from this contract, we shall refund all payments received from you, including the costs of delivery (except for any supplementary costs resulting from your opting for a different type of delivery than the least expensive form of standard delivery offered by us), without undue delay and in any event no later than 30 days from exercising your right of withdrawal. We will carry out such refunds using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred from this alternative means of payment. We may withhold the refund until we have received the returned goods from the Consumer.

10.6 The Consumer is liable for any diminished value of the goods resulting from handling them in any other way than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (for instance showing signs of wear, abrasion, nicks, scratches, deformation, etc.), with any parts and accessories missing (including labels still attached to the product and dust bags for shoes), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Customer shall be accountable for the decreased value of the product and only be entitled to a refund equal to the residual value of the Product. For this reason, it is highly recommended that Consumers only handle the product as strictly necessary for establishing its nature, characteristics and functioning and to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from being written on or labelled.

Intellectual Property Rights

11.1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of HIMCO USA Inc. and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.

11.2. Unless prior specific consent is granted in writing by HIMCO USA Inc., no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.

Protection of Consumer Personal Data

12.1. In order to proceed with the registration process, place an order and sign this contract according to these Conditions, the Consumer is required to provide certain personal details. The Consumer hereby acknowledges that the personal data provided will be recorded and used by the Seller and by HIMCO USA Inc.in accordance with and subject to the provisions of GDPR n. 679/2016 and, where applicable, Italian Legislative Decree no. 196/2003 as subsequently amended. The Privacy Code (Personal Data Protection Code), to process each purchase via the Site and, upon granting his consent, for any other activities as illustrated in the specific Informative Note on the Personal Data Protection Code provided to the Consumer by the Site during the registration phase.

12.2. The Consumer hereby declares and guarantees that the personal details provided to the Seller during the registration and purchase process are truthful and accurate.

12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the "Account” section on the Site, which can be accessed after logging in.

12.4. For any further information on how the personal details of Consumers are processed, please refer to the Privacy Policy and read the General Conditions of Use carefully.

Security

13.1. While the Seller takes all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unlawful third parties, due to the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller does not guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has provided relative login credentials, will not be accessible or viewable by unauthorized third parties.

13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Shopify Inc. which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.

Website publication and entry into force on 02/09/2024.

Annex 3

TO TERMS AND CONDITIONS OF USE

Return policy

The aim of HIMCO USA Inc. as vendor is to guarantee your complete satisfaction.

If for some reason you are not satisfied with your order, you can exercise your right of withdrawal, without penalty, within 30 (thirty) calendar days of receiving the products purchased on odissi-studio.com. You cannot return personalized products, earrings for pierced ears and clothing that has had the hygiene seal removed, where provided. This provision does not affect the customer’s rights provided for under applicable law.

Products to be returned must be sent back within thirty (30) calendar days from when you reported your decision to withdraw from the contract, pursuant to Art. 7 of the General Terms and Conditions of Sales.

Products may be returned using the courier indicated by the Vendor , or using other couriers, only after having completed the return form (compliant with the standard form pursuant to Art. 49, paragraph 4 of the Consumer Code) found online in the customer service area to receive a return number (customer service will send you email confirmation once your return request form has been received).

Conditions of exercising the right to return

The right to return products shall be deemed correctly exercised once the following conditions have been fully met:

the return form sent directly online through odissi-studio.com must be correctly completed and sent to the Vendor within thirty (30) days of receipt of the products;
the products must not have been used, worn or washed;
the tag must be still attached to the products with the disposable seal which forms an integral part of the good;
the products must be returned in their original packaging, including the dust bag for shoes;
returned products must be delivered to the courier within fourteen (14) days starting from when you sent the return form online to the Vendor;
the products must not be damaged.

If you have fulfilled all the requirements set forth above, the vendor shall refund the full price of the purchased products, excluding the shipping fees and/or any applicable duty.

You will be notified if your return cannot be accepted because it does not comply with the conditions set out in letters a), b), c), d), e) and f) above. In this case, you can choose to have the products purchased back at your expense. If you refuse this shipment, the Vendor reserves the right to retain the products and the amount corresponding to the purchase price of said products.

Costs for returns

Please note and consider that if you choose to use the courier indicated by the Vendor, the return has no additional costs.

However, should you choose to use a different courier for your return, you will have to pay for the return costs.

Refund times and procedures

After the vendor has received the returned products and checked that the products meet all requirements, you will receive an email that the returned products have been accepted.

Whatever the form of payment you used, the vendor will refund you all payments received for such cancelled purchase in the shortest possible time, after verifying the correct execution of your right of withdrawal and verifying the returned products.

Identification tag

All products sold by the vendor include an identification tag with a disposable seal, which forms an integral part of the good. We recommend trying on footwear for the first time on a soft surface (i.e. rug/carpet), so as not to damage the soles.

Please wear and try on the products without removing the tag and seal as products returned without them will not be accepted.

Courier

As advised by the vendor, products may be returned via the package delivery company indicated by the vendor, using the pre-paid printed label enclosed in the package that you will find inside your package. This method will allow the vendor to pay for the shipment on your behalf and to check where your package is at any time.

However, in case you decide to use a shipping courier other than the one indicated by the seller for the return of the products, you will have to bear and pay the return costs in person and you will be responsible for any loss or damage to the products during transport.

Consumer Code

The present conditions of exercising the right of withdrawal, forming an integral part of the general terms and conditions of sales, are regulated by Italian law and specifically by legislative decree no. 206 of 6 September 2005, under the consumer code Chapter 1 “Rights of the consumers”.

Annex 4

TO TERMS AND CONDITIONS OF USE

Our business policy

1.1 The supplier offers through the vendor products for sale on odissi-studio.com and performs through the vendor its e-commerce business services exclusively to its final users, i.e. the "consumers".

1.2 "Consumer" shall mean any individual who is acting for purposes that are outside his or her trade, business or profession, on odissi-studio.com. If you are not a "consumer", please do not buy any products on odissi-studio.com, but contact the supplier directly to take proper, different arrangements.

1.3 With respect to this business policy HIMCO USA Inc. reserves the right not to process orders received from users who are not "consumers" and any other order which does not comply with this business policy.

1.4 These general terms and conditions of sale regulate the offer, transmission and acceptance of purchase orders relating to products on odissi-studio.com between the users of odissi-studio.com, the supplier and the vendor.

1.5 The general terms and conditions of sale do not regulate, however, the supply of services or the sale of products performed by parties other than the supplier and vendor who are present on odissi-studio.com via links, banners or other hypertext links.

1.6 Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party's terms and conditions of sale, since we shall not be deemed liable for the supply of services provided by parties other than the vendor or for the execution of e-commerce transactions between the users of odissi-studio.com and third parties.

Annex 5

TO TERMS AND CONDITIONS OF USE

Privacy & Cookie Policy

This policy applies to the processing of personal data of users (hereinafter, "User / Users") processed through the website www.odissi-studio.com (hereinafter, "Site") also in relation to e-commerce services performed there (hereinafter, "Services"). By using the Services, the User will make purchases from HIMCO USA Inc., whose full address is visible herein below and in the general conditions of sale.

Data Controller

Through this document, HIMCO USA Inc. with registered office in 545 West 25th St, 4th Fl, New York, NY 10001, as the controller of the processing of personal data (hereinafter, "Controller" or the “Company”), intends to convey the information referred to in Articles. 13 et seq. of EU Regulation 679/2016 (hereinafter, the "Regulation"), in relation to the processing of personal data through the Site.

Type of data processed and types of processing
a) Navigation data: the computer systems and software procedures used to operate this Site acquire, during their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. This information is not collected in order to be associated with identified interested parties, but by their nature could, through processing and associating data held by third parties, allow users to be identified. This category of data includes IP addresses or domain names of computers used by Users connected to the Site, URI (Uniform Resource Identifier) of requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response from the server (successful, error, etc..) and other parameters relating to the operating system and computer environment. These data are used to obtain anonymous statistical information on the use of the Site and to check its proper functioning. They typically include also browsing cookies which are necessary for the proper technical operation of the Site, as they enable content to be displayed optimally on each User device, especially following the first access, as they remain stored in cash memory of your system.

b) Data provided voluntarily by the User to purchase a product on the Site and / or use of a Service: the finalization of the sale of a product through the Site and/or use of the Services involves the processing of User data, with the sole purpose of offering the Services and to fulfill its contractual and administrative obligations, including, for example, process the order and payment, send the product purchased etc.. The data subject of the treatment are: name, e-mail address, domicile, and other data which may be useful to conclude and execute the sale contracts; data included in special categories are excluded.

c) Data provided voluntarily by the User for sending promotional communication relating to the Services:in the event where the interested party subscribes the newsletter Service or expresses his consent to the receipt of commercial communication by the Controller, the data will be processed for sending such communication by e-mail or postal mail to the addresses provided by the interested party. The data subject of the treatment are: name, e-mail address, domicile, and other data which may be useful to address the promotional communication; data included in special categories are excluded.

d) Cookies:for the processing of data through cookies, please read and consider the relevant policy here below, which sets out the relevant details on how cookies can be used for. In brief, however, please note the following:

Cookies are small text files that can be used by websites to make the user experience more efficient.

The law states that we can only store cookies on your device if they are strictly necessary for the operation of this site. For all other types of cookies, we need your permission.

This site uses different types of cookies. Some cookies are placed by third-party services that appear on our pages.

You can modify or withdraw your consent at any time through the Cookie Declaration on our website.

We use cookies, including third-party cookies, to ensure the proper functioning of the site and to enhance your shopping experience, analyze traffic, and optimize site performance. Additionally, we use them to offer you tailored offers based on your interests, both on our site and elsewhere, including on social media.

To modify your preferences, click on the "settings" link to configure your preferences and obtain more information. You can also change your preferences at any time from the "Manage my cookies" tab.

Cookies are typically divided in the following categories, depending upon their function:

Necessary

Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

Statistics

Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

Preferences

Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

Advertising

Advertising cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user, sharing user's activity data with third-parties advertising partners to personalize the ads.

Unclassified

Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.

Purpose and legal basis of the processing

The data of the Users collected will be processed by the Controller for:

- Website operation: to pursue a legitimate interest of the Controller, consisting in ensuring the security of the Site and of the information exchanged on it, i.e. the ability of this Site to withstand, at a given level of security, unforeseen events or unlawful or malicious acts that compromise the availability, authenticity, integrity, and confidentiality of personal data stored or transmitted and the security of the related Services offered or made accessible. The legal basis for the processing is Article 6(1)(f) of the Regulation.

- Use of Services: to use the Services offered through the Site, for example, to allow the User to purchase a product, etc. The legal basis for the treatment is art. 6, par. 1, letter. b) of the Regulation being the processing necessary for the execution of the contract of which the person concerned is a party;

- Sending of advertising/marketing communication of the Controller: if the interested party has given his explicit consent (following the procedures on the Site), to send invitations to training courses, events organized by the Controller or to send promotional communication of the activities of the Controller, including marketing research. The legal basis for the processing is art. 6, letter a) of the Regulation, i.e. the consent of the interested party.

- Retargeting activities of the Controller towards third parties: if the interested party has given his explicit consent on their terminal using the banner provided for this purpose when they connect to the Site, accepting “Advertising personalization”.

Marketing and direct targeting cookies and third-party cookies, which enable the Company 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.

These cookies may be set on our website by our advertising partners. They may be used by these companies to build a profile of your interests and show you relevant ads on other websites. They do not directly store personal data but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, your advertising will be less targeted.

The legal basis for the processing is also art. 6, letter a) of the Regulation, i.e. the consent of the interested party.

Duration of processing and storage period of data

For the purposes of Article. 2) above, personal data will be processed for the period strictly necessary to achieve the above objectives and also subsequently, for the performance of legal obligations and/or for purposes of a defensive nature; in this second case, the processing shall consist exclusively in storing the contractual information for ten years i.e. the period set as statute of limitation for civil and tax/fiscal purposes.

The data provided for commercial communications, opinion surveys and market researches will be kept until the request of the interested party to interrupt the activity, or for 2 years.

Modalities of the treatment and Data transfer

The processing will be carried out both on paper and by telematic means, with the help of modern computer systems and with manual methods, only by persons expressly appointed for this purpose.

The data will be processed with logic and through forms of organization of the data strictly related to the obligations, tasks or purposes mentioned above. The Controller uses technical and organizational measures to protect the data in his possession from manipulation, loss, destruction and against access by unauthorized persons. Security measures are constantly improved according to technological development.

The Controller may also transfer users' personal data to its service providers, such as Shopify, Klaviyo, Google Analytics, Facebook, Instagram, GIC and Microsoft Business Central for the purposes of providing or improving the Services through the Site.

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

Nature and function of data provision

The provision of the data referred to in point 1, letter a) is indispensable to allow access and navigation of the Site, and it is therefore mandatory, as it refers to the internet communication protocols etc.

The provision of the data referred to in point 1, letter b) is optional. In case of refusal, however, the User will not be able to purchase on the Site.

The provision of the data referred to in point 1, letter c) is optional.

The provision of the data referred to in point 1, letter d) is also optional.

The user may revoke his or her consent at any time and without giving reasons.

The easiest way to do this is to click on the "Unsubscribe" link, which is found in each newsletter or communication received. Alternatively, the user can send the un-subscription request to the Controller, at the address customerservice@odissi-studio.com.

Scope of communication and dissemination

The User's personal data will be processed by persons authorized to carry out these tasks, duly appointed as data processors or persons in charge of processing, equipped with security measures to guarantee the confidentiality of the persons concerned to whom the data refer and to avoid undue access to third parties or unauthorized personnel.

If necessary, the data collected may be communicated, within the limits strictly pertinent to the obligations, tasks or purposes referred to in paragraph 2, to public or private entities (insurers, auditing and certification companies, etc..) or to the competent authorities for the purposes of prevention, detection or repression of crime, with the observance of the rules governing the matter.

With specific regard to the e-commerce platform, the Controller shall process the personal data of Users for purposes related to the sales through the Site, in all its phases (navigation on the site and its use based on the conditions of use, registration, administrative activity, legal obligations), delivery, returns, customer care.

The updated list of all the processors is available at HIMCO USA Inc. and will be able to be demanded to the following address e-mail: customerservice@odissi-studio.com. Such list can be subsequently integrated and/or updated to the need.

The data of the Users, memorized on electronic support, are guarded and filed on a server in legitimate availability of the Controller, which may be located also outside the E.U.

User rights

Users are entitled to know their rights, consisting essentially in the right to receive information about the existence of the processing of their personal data, and to access their data, to obtain the rectification, integration, updating, cancellation or blocking. Furthermore, the User will also have the right to obtain a copy of his/her data, to limit the processing and/or, again, to oppose their processing, as well as the right to data portability and to lodge a complaint with the competent control authorities under the conditions and within the limits indicated in art. 13 of the Regulation.

Each data subject is guaranteed the following rights as per articles 15 et seq. of the Regulation:

Right to information;
Right of access to the interested party;
Right of rectification;
Right of cancellation (right to be forgotten);
Right of limitation of treatment,
Right to data portability;
Right of opposition.

The User can then know which of his personal data are in the possession of the Controller, their origin and how they are used, request their updating, rectification or integration and, in the cases provided for by current regulations, the cancellation, limitation of treatment or oppose their treatment.

Any interested party may, if they wish, request to receive a copy of the personal data held by the Controller concerning them in a format readable by electronic devices and, where technically possible, the Controller may transfer the data directly to a third party indicated by the interested party.

If the User considers that the processing of his personal data has been carried out unlawfully, he may lodge a complaint with one of the competent supervisory authorities for compliance with the rules on the protection of personal data. In Italy, the complaint can be submitted to the Guarantor for the Protection of Personal Data (http://www.garanteprivacy.it/).

Exercise of rights

To exercise these rights, Users may send a communication to Controller to the email address customerservice@odissi-studio.com, indicating in the subject line "Privacy - exercise of rights".

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This Privacy Policy was published on 02/09/2024. Any updates will always be published on this page.

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Cookies Policy

HIMCO USA Inc. with registered office in 545 West 25th St, 4th Fl, New York, NY 10001, (hereinafter, the “Company”), intend to inform users as follows.

In this information, pursuant to art. 13 of EU Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data (hereafter, "Regulation"), you will be explained how we collect this data, for what purposes and what are your rights. This document is a part of the Information Note on the Processing of Personal Data, available at the following link.

The internet website www.odissi-studio.com (hereafter the "SITE") uses cookies to improve your browsing experience.

What are cookies?

Cookies are small text’s files that websites visited by the user send directly to the user's device (normally to the browser); they are then stored on the device and transmitted to the site again the next time the user visits it (i.e. first party cookie). During navigation on a site, the user can also receive cookies from different sites or web servers on his terminal (so-called third-party cookies); this happens because on the visited website there may be elements such as, for example, images, maps, sounds, specific links to web pages of other domains that reside on servers other than the one on which the requested page is located. In other words, they are those cookies that are set by a website other than the one you are currently visiting.

Cookies may have a limited duration to a single browsing session on the browser (so-called session cookies), and in this case they are automatically deactivated when the browser is closed by the user; or they may have a predetermined deadline and, in this case, they will remain stored and active on your hard disk until this expiration date, continuing to collect information during different browsing sessions on the browser (so-called persistent cookies).

Cookies are used for different functions. Some are necessary to allow you to browse the site and take advantage of its features (so-called technical cookies). Others are used to obtain statistical information, whether aggregated or not, on the number of users accessing the Website and on how the Website is used (so-called tracking or analytics cookies). Others, finally, are used to track your consumer profile and make you display advertisements on the site that may be interesting for you, as they are consistent with your tastes and your consumption habits (so-called profiling cookies).

To learn more in detail these different categories of cookies continue reading this statement. Find out how they work and what they are for, and freely choose whether to consent to their use or prevent it.

First party cookies

The Site uses the following types of first-party technical cookies, for which no users' consent is required but for which the Data Controller is obliged to provide adequate information:

(a) Transient or session cookies: these are essential as they allow the user to move from one page to another on our Site and make use of the services provided; as they are not stored on the user's device, they disappear when the browser is closed;

(b) Persistent cookies: used solely to improve Site browsing speed, as they memorize certain settings selected by the user (such as language selection).

They are therefore instruments used by the Company to guarantee, among other, efficient browsing, session stability, continued login settings throughout the entire session and the selected navigation Country. They also remember the selections made by the user related to the viewing of certain page elements, such as for instance, information and communication banners.

The use of technical cookies and the processing activities related to the same, do not require prior consent of the user, according to the current laws in force.

The possibility remains, in any case, for users to prevent the installation of technical cookies at any moment in time using the settings on the browser used; this does mean, however, that such settings may make the Site slow, complicated or even impossible to navigate.

The Company acts as Data Controller exclusively for the first party cookies installed on the Site.

The cookies installed on or used by the Site can be visible through the Cookies tab present therein, along with their respective functions.

Third-party cookies

It is possible that some cookies are placed on your device when browsing our Site which are not directly controlled and managed by the Company. This happens, for instance, if the user visits a page that contains third party website content.

In this respect, please be advised that the Company has no role in the processing of the data collected by this type of cookie, given its status as mere technical intermediary.

Third party cookies are required to view customized advertising on the Site and other websites and are based on the browsing activities of each individual user. This type of cookie may also be used by third parties to display their products and services on the Site.

The Site also uses analytic cookies which are used to collect, as a mere example, the following information:

(a) number of visitors, pages viewed and navigation from page to page within the Site;

(b) efficacy of the acquisition campaigns based on web traffic sources.

(d) profiles of visitors in terms of targeting their needs, preferences, taste and inclinations for the purposes of retargeting and look alike activities of the Controller towards third parties, including social media and platforms.

These cookies, along with the purposes for which the same are used outside the Site, fall under the direct and exclusive responsibility of the third part that installs them on the users' terminals and are used to display advertising media to the user that may be of interest to the same (as in the case of third-party cookies used for profiling/retargeting strategies).

Should the user decide not to receive third party cookies on his/her device, it is possible to use the links below and access the information notice and consent forms provided by such third parties to reject setting of all such cookies.

The table below shows all the cookies found on the Site, highlighting their specific characteristics and, in the case of third-party cookies, links to the respective privacy information notices, so that the user can make an informed decision on whether or not to grant consent to the use of the same, and which cookies to block or erase.

How to disable cookies

When visiting the Site for the first time, the user can accept all cookies or some of them by clicking the "ALLOW ALL" or “ALLOW SELECTION” button or the "DENY" button in the banner, or any web page element outside the actual banner itself.

In all other cases, and during every subsequent visit to the Site, the user can access this information note (clicking on the "Cookie Policy" link at the bottom of the Site homepage), and deny his/her consent to the installation of cookies clicking on the relative links provided above.

In any case, given that most browsers are programmed to accept cookies automatically, the user can choose to block receipt of the same, especially in those cases where the third party in question has not provided the opt-out option correctly, by accessing the browser settings and disabling the use of such cookies, according to the procedure illustrated in the relevant web browser pages

For further information on cookies visit the www.youronlinechoices.com website (for the services granted by this platform only), to obtain instructions on how to eliminate or manage cookies according to the browser used and to select the settings to be applied to third party cookies.

Your Online Choices is an Internet site run by the European Interactive Digital Advertising Alliance (EDAA) non-profit association, whose Italian version can be found at www.youronlinechoices.eu/it/, which provides information on behavioral advertising based on profiling cookies (http://www.youronlinechoices.com/it/a-proposito) and allows Internet users to easily oppose (opt-out) the installation of the main profiling cookies installed by advertising operators and used on Internet sites (http://www.youronlinechoices.com/it/le-tue-scelte). Before using this tool, we advise you to read carefully the general conditions of service of the site Your Online Choices (http://www.youronlinechoices.com/it/condizioni-generali-di-servizio), the frequently asked questions (FAQ) (http://www.youronlinechoices.com/it/faqs) and the user guide (http://www.youronlinechoices.com/it/help).

Use Your Online Choices consciously. Although, in fact, Your Online Choices brings together many of the most important advertising companies that use cookies, some of the third parties that install cookies through the Site may not have joined Your Online Choices. Therefore, the use of Your Online Choices does not guarantee that you will receive third-party cookies by browsing the Site. Also remember that by deleting all cookies from your browser, even technical cookies issued by Your Online Choices to remember your choices could be deleted, making third-party cookies active again.

To disable analytical cookies and prevent Google Analytics from collecting your navigation data, download the browser add-on to disable Google Analytics: https://tools.google.com/dlpage/gaoptout.

We shall store the user preferences regarding cookies using a specific technical cookie with the characteristics indicated in the table above.

Processing methods and data storage times

As highlighted in the introduction to this statement, the Company collects and processes some of your personal data through cookies that it carries directly on the Site (first-party cookies).

The Company acts as Controller of the processing of this data, and data processor in accordance with the provisions of the Rules. Your data will be processed only with electronic tools, in a totally automated way and without human intermediation. Therefore, The Company employees and collaborators will never access the content of your personal data obtained through cookies, which means that they will never be able to access and / or have direct personal identification information.

Some of Company's or processor’s employees and collaborators may carry out maintenance work on the computer systems that host your data, without ever being able to access their actual content. Personal data may be stored on servers managed by third parties (eg IT systems providers) or may be managed by subjects specialized in online advertising, acting as external data controllers on the basis of a specific appointment in writing by part of the Company. Your personal data will not be disclosed to third-party data controllers nor will they be disseminated.

The personal data of users of the Site will be kept for the time strictly necessary to perform the primary purposes described in this statement, or in any case as necessary for the protection of the rights of both the interests of users and the Company.

Your data's rights

To exercise your rights, or obtain any further information or clarification in relation to this Cookie Policy, please contact the Company in the following ways:

By sending a registered letter to the registered office: Viale dell’Industria n. 27, Fossò, 30030 Venezia (VE), Italy;
By sending an email to customerservice@odissi-studio.com

Pursuant to the Regulation, the Company informs the users have the right to obtain indications on:

a) the source of the personal data;
b) the purposes and methods of the processing;
c) the logic applied to the processing, if the latter is carried out with the aid of electronic means;
d) the identification data concerning the Data Controller and data processors;
e) the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of such data in their capacity of Data Processors or Designated Officers.
The users has the right to obtain:
a) access, updating, rectification or, where interested therein, integration of the data;
b) erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.

In addition, the users withdraw consent at any time, if the treatment is based on their consent;

b) (where applicable) the right to the portability of data (right to receive all personal data concerning them in a structured format, commonly used and readable by automatic device), the right to limit the processing of personal data and the right to the cancellation ("right to be forgotten");

to oppose, totally or partially on legitimate grounds, the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;

totally or partially, the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys;

d) if they believe that the treatment that concerns them violates the Regulation, the right to lodge a complaint with a Supervisory Authority (in the Member State in which they usually reside, in the one in which they work or in the one in which the alleged violation has occurred). The Italian Supervisory Authority is the Guarantor for the protection of personal data (http://www.garanteprivacy.it/).

[2] Annex 1 could easily be integrated into these Terms. Certain redundant clauses in Annex 1 could then be eliminated.