30.08.2024
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™ 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 USA 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’s Content (defined below), (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:
Copyright Manager
HIMCo USA Inc.
545 West 25th Street (4th Floor)
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 may 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) PRODUCT SALES; RETURNS; WARRANTY
(a) Shipping. When you place an order on the Website, we will ship your order to the address designated by you, which must be within the United States and comply with the shipping restrictions set out on the Website. We may require verification of information prior to the acceptance or shipment of any order. We may also, without prior notice, limit the order quantity on any product or service or refuse service to any customer.
(b) Risk of Loss. All items purchased on the Website are shipped pursuant to a shipping contract. The risk of loss for all items purchased passes to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
(c) Merchandise Availability. If any product is not available by the time your order is processed, we will notify you of this by email. You will receive a shipping confirmation email once your items have shipped.
(d) Returns. You may return any unworn, unaltered product in its original packaging for a refund of the purchase price, by sending a request within thirty (30) days of the original purchase date by email to customerservice@odissi-studio.com. We will provide a return authorization by email as provided in Section 8.3 below. We may deny refunds for a returned item that does not comply with this policy. For the avoidance of doubt, the product must:
(i) not have been damaged, used, worn or washed. We recommend trying on footwear for the first time on a carpeted surface, so as not to damage the soles;
(ii) still have all tags attached, including the disposable seal which forms an integral part of the good; All products sold by the vendor include an identification tag with a disposable seal, which forms an integral part of the good;
(iii) be in its original packaging, including the dust bag for shoes; and
(iv) be delivered to the courier within fourteen (14) days after we issue a return authorization.
(e) LIMITED WARRANTY. HIMCo warrants that its products shall be free of defects in material and workmanship for 12 months from the original date of purchase. Because HIMCo cannot control the quality of products sold by unauthorized sellers, this warranty applies only to products that were purchased from HIMCo or a HIMCo-authorized reseller, unless otherwise prohibited by law. HIMCo may reject warranty claims from purchasers for Products purchased from unauthorized sellers, including unauthorized Internet sites. This warranty does not apply to the effects of normal wear and tear, nor does it apply to products that have been damaged by misuse, neglect, accident modification or unauthorized repair.
If you believe your product is defective or non-conforming, you must report the claimed defect promptly (and in any event within the warranty period) by sending an email to the Customer Care Service at customerservice@odissi-studio.com, including: (i) a clear description of the claimed defect or non-conformity; (ii) images of any claimed defect to enable us to assess your claim; and (iii) the order confirmation sent by the HIMCo and/or the receipt. We may ask you to return the product for physical inspection.
If, upon our review or inspection, we determine that the product is defective or non-conforming, we will, in our discretion, replace the product or issue you a refund or merchandise credit, depending on the nature of the defect or non-conformity.
(f) If we request or authorize you to return a product to us, we’ll send an email with the form with the “Returned Product Code”. Authorization to return the products shall not constitute an acknowledgement of any claimed defect or non-conformity, which can be confirmed only on physical inspection. You may then, within thirty (30) days, return the product to us at the address specified in the return authorization email, together with a copy of the email.
(g) A refund by HIMCo under this Article 9 will be made, where practicable, using the same payment method you used to purchase the product, or by bank transfer. For a bank transfer, you will be responsible for providing HIMCo the required bank details by email at customerservice@odissi-studio.com. Refunds will exclude original shipping charges.
(h) There are no warranties which extend beyond those stated in this Article 9. Any implied warranties that may be applicable to the products, including the implied warranties of merchantability and fitness for a particular purpose, are limited in duration to the duration of this warranty. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitation may not apply to you. Under no circumstances shall HIMCo be liable for any special, incidental, or consequential damages based upon breach of this warranty, breach of contract, or strict liability. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the foregoing limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
10) 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
- Annex 2: Privacy Policy
11) 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.
12) 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:
Customer Service
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. 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.
13) 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 10 through 14 hereof shall continue to apply indefinitely after your access and use end.
14) 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
(c) address book: save all your shipping addresses to complete the order process more quickly.
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
Annex 2
TO TERMS OF USE
Privacy & Cookie Policy
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.
Privacy Policy
This policy applies to the processing of personal data of users (“Users”) processed through the Website, including in connection with e-commerce services performed there (“Services”). By using the Services, the User will make purchases from HIMCo, whose full address is provided below and in the general conditions of sale.
Data Controller
Through this document, HIMCo, whose principal place of business is 545 West 25th Street (4th Floor), New York, NY 10001, as the controller of the processing of personal data (“Controller”), intends to convey the information referred to in Articles. 13 et seq. of EU Regulation 2016/679 (the “Regulation”) in relation to the processing of personal data through the Website. Such personal data may be processed as described herein either by Controller or by Controller’s affiliate, Him Co Industry S.p.A., an Italian company with registered office in Viale dell’Industria n. 27, Fossò, 30030 Venezia (VE).
- Type of Data Processed and Types of Processing
- a) Navigation Data: The computer systems and software procedures used to operate the Website acquire, during their normal operation, some personal data, the transmission of which is implicit in the use of Internet communication protocols. Though this information is not collected in order to identify Users, such information by its 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 Website, 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 Website and to check its proper functioning. They typically also include browsing cookies, which are necessary for the proper technical operation of the Website, 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 Website or Use a Service: The sale of a product through the Website or the use of Services involves the processing of User data, with the sole purpose of completing such sale (e., fulfilling its contractual [and administrative?] obligation to process the order and payment, send the product purchased etc.) or providing such Services. The data processed are: name, e-mail address, domicile and other data which may be useful to conclude and execute the sales. Data included in special categories (as described in Article 9(1) of the Regulation, “Special Categories”) are excluded.
- c) Data Provided Voluntarily by the User to Receive Promotional Communications: If the User subscribes to a newsletter Service or agrees to receive commercial communications from the Controller, the data will be processed for the purpose of sending such communications by e-mail or postal mail, to the addresses provided by the User. The data processed 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: Cookies are small text files that can be used by websites to make the user experience more efficient. We store cookies on the User’s device only if (i) such cookies are necessary for the operation of the Website or (ii) in the case of other cookies, we have obtained the User’s permission to do so. For more information on the types of cookies we use and your choices with respect to such use, please see the cookies preferences page on the Website. The User can qualify, modify or withdraw User’s consent to cookies at any time through the cookies preferences page.
- Purpose and Legal Basis for Processing
The data of the Users collected will be processed for the following purposes and on the following legal bases:
- Website Operation: To pursue Controller’s legitimate interest in promoting the security of the Website and of the information exchanged on it (i.e., the ability of the Website to withstand 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 Services offered or made accessible. The legal basis for this processing is Article 6(1)(f) of the Regulation.
- Provision of Services: To provide the Services offered through the Website, for example, to allow the User to purchase a product, etc. The legal basis this processing Article 6(1)(b) of the Regulation, i.e., the processing necessary for the execution of the contract of which the User is a party.
- Sending of Advertising/Marketing Communications: With the User’s consent (following the procedures on the Website), to provide instructional videos or product use information, invitations to events organized by the Controller or promotional communications, including marketing research. The legal basis for this processing is Article 6(a) of the Regulation, i.e., the User’s consent.
- Third-Party Cookies: With the User’s consent (following the procedures on the Website, accepting “Advertising” cookies), the placement of marketing and direct targeting cookies, including third-party cookies, which enable Controller to send commercial messages likely to be of interest to User based on User’s browsing history. Third-party cookies are those sent by Controller’s trusted third-party partners. These cookies may be set on the 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 Article 6(a) of the Regulation, i.e., the User’s consent.
- Duration of Processing and Storage of Data
Personal data will be processed for so long as necessary to achieve the stated objectives (see Article 2 above) and thereafter retained for the purposes of legal compliance and defense for up to ten years.
Data provided for commercial communications, opinion surveys and market research will be kept until the User withdraws consent for such use or for up to two years, whichever is shorter.
- Processing and Transfer of Data
Processing may be carried out both on paper and by electronic means, 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. We use commercially reasonable efforts to improve our security measures as the technology improves.
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 Website.
The Controller undertakes not to communicate, assign or transfer a User’s personal data to third parties (other than relevant service providers) without the express consent of the User, 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 Collection
The User’s provision of the data referred to in Section 1(a) above is mandatory, because it is necessary to enable access to and navigation of the Website, referring to internet communication protocols, etc.
The User’s provision of the data referred to in Section 1(b) above is optional. In case of refusal, however, the User will not be able to purchase on the Website.
The User’s provision of the data referred to in Section 1(c) above is optional.
The User’s provision of the data referred to in Section 1(d) above 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 unsubscribe request by email to the Controller at 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 protect the confidentiality of the User to whom the data refer and to avoid giving unnecessary access to third parties or unauthorized personnel.
If and to the extent necessary for the relevant purpose referred to in Section 2, the data collected may be communicated 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, in accordance with applicable laws and regulations.
With specific regard to the e-commerce platform, the Controller shall process the personal data of Users for purposes related to sales, including each step involving the Website (navigation on the Website, use of the Website in accordance with the Terms, registration, administrative activity, legal obligations), delivery, returns and customer care.
An updated list of all the processors is available upon request to Controller at the following e-mail address: customerservice@odissi-studio.com.
Users’ data in Controller’s custody is stored on a server accessible only to Controller and its authorized service providers, which may be located within or without the E.U.
- Users’ Rights
Users are entitled to know their rights, consisting essentially in the right to receive information about the processing of their personal data, to access their data, to the rectification of inaccuracies or gaps, updating, erasure or blocking. Furthermore, the User will also have the right to obtain a copy of User’s data, to limit or oppose the processing of the data, the right to data portability and the right to lodge a complaint with the competent control authorities under the conditions and within the limits indicated in Article 13 of the Regulation.
Each data subject is guaranteed the following rights as per Articles 14 et seq. of the Regulation:
- Right to information;
- Right of access;
- Right to rectification of inaccuracies;
- Right of erasure (right to be forgotten);
- Right of limitation of processing;
- Right to data portability;
- Right of opposition.
The User can then: know which of such User’s personal data are in the possession of the Controller, their origin and how they are used; request their updating or rectification of inaccuracies or gaps therein; and, in the cases provided for by current regulations, require the data’s erasure, limit the data’s processing or oppose such processing.
Any User may, if desired, request a copy of such User’s personal data held by the Controller, in a format readable by electronic devices and, where technically possible, the Controller may transfer the data directly to a third party designated by the User.
If the User believes that such User’s personal data has been processed unlawfully, the User may lodge a complaint with one of the competent supervisory authorities for compliance with the rules on the protection of personal data. For data subjects 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 the rights described in Section 7 above, a User may send an email to Controller at customerservice@odissi-studio.com, indicating in the subject line “Privacy - exercise of rights”.
Last revised October 1, 2024