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Terms & Conditions

1. General

 

Welcome to Carlusso Classic Parts

 

These general terms and conditions describe the rules and regulations for the use of the Carlusso Classic Parts webshop, located at https://www.carlussoclassicparts.com. The following General Terms and Conditions apply for account registration and all purchases of goods by the end customer (“you”) in the https://www.carlussoclassicparts.com online shop.


By visiting this website, we assume that you accept these terms and conditions. Do not continue to use Carlusso Classic Parts if you do not agree to all the terms and conditions stated on this page.

 

The term ‘Carlusso Classic Parts’ or ‘us’ or ‘we’ refers to the owner of the website who is your contracting partner for all orders made through our website.

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Carlusso Classic Parts B.V.
Bevrijdingsweg 9
5171 PS Kaastheuvel 
The Netherlands
Email: info@carlussoclassicparts.com
Website: https://www.carlussoclassicparts.com 
Chamber of commerce registration: 77119738
VAT ID: 860907247B01

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2. Product Information

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Any application lists, catalogues or advice provided by us as part of our sales service is as accurate as possible. In all instances it is the responsibility of the purchaser to assure himself that the parts supplied are suitable and CORRECT for the application involved.

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3. Registration

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3.1. Registration is not required in order to make purchases in the online shop. You can create a profile during the ordering process, but also independently of an order.


3.2. Only individuals of legal age with the capacity to enter into contracts (but not, for example, families or couples), legal entities, and business partnerships may register. This requirement also applies to the placing of orders. If a company is registered as a customer, the individual performing the registration guarantees that they are authorized to represent the company.


3.3. When registering your account, you must provide your name, your invoice and delivery address, your phone number, and your email address and choose a password (hereinafter “login data”).


3.4. You submit a binding offer for the conclusion of the contract relating to the account registration by submitting the completed registration form.


3.5. You guarantee that the information you have provided to us in the context of the registration is true and complete. If you provide incorrect or incomplete information, we are authorized to terminate and delete your account without observing a period of notice. You commit to communicating all future changes to the information provided in the context of your registration without prompting and without delay.


3.6. The account can be terminated in accordance with section 15. Your personal data will then be deleted immediately unless we are allowed to or required to continue to store them due to statutory provisions. More details can be found in our privacy policy.


3.7. Under no circumstances are you authorized to disclose your login data or, in particular, your login password to third parties. In the event that a third party nevertheless obtains access to your account or there are other indications of abuse of your account, you must inform us immediately and change your login data.


3.8. You are not authorized to register on https://www.carlussoclassicparts.com multiple times.

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4. Concluding a purchase contract

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4.1. Contracts for purchasing products are concluded as follows:

 

4.1.1. In order to commence the ordering process, you are required to first place the article you would like to purchase into the shopping basket by clicking the relevant button.


4.1.2. Before the order for the contents of the shopping basket is finally submitted, all the contents of the order are displayed once again. You can then change your order again. We save your orders after the contract is concluded but it is no longer possible for you to access them. Please check your order carefully before clicking on the "Check-out" button.


4.2. There are also products on our website for which you need to request the price via email. Please note that in this case the purchase contract is only completed once payment of the agreed upon price has been received by us.


4.3. We also reserve the right to cancel the contract if the goods are not available anymore. In such cases, we will undertake to inform you immediately that the goods are not available and reimburse any payment made.

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5. Prices and payment methods

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5.1. We use Mollie for all our transactions to ensure safe payment. We offer you various paying methods for the goods purchased. We offer you various methods for paying for the goods purchased. You can find the specific payment methods on the relevant product page. Please note there are transaction costs involved for you.


5.2. All prices in our online shop are given in EUR and include the statutory value added tax (VAT). All our prices are ex-warehouse and include packaging but exclude all shipping costs.


5.3 The products are priced as mentioned on the website of Carlusso Classic Parts
with reservation of type or printing errors. Carlusso Classic Parts reserves the right, before delivery to inform the buyer if a type or printing error has been made.


5.4. The price of the goods is valid at the moment the order is placed and is shown in the order confirmation that you receive by email after you place the order. If items are saved in the shopping basket, their total price is updated to the latest price during the ordering process.


5.5. For purchase contracts between you and us, the total payable price – including shipping costs – is due immediately. You agree to receive the invoice solely in electronic form.


5.6. Payment methods:

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IDEAL

After you place the order and choose your bank, you will be redirected to the sign-in page of your bank. Please sign in and make the payment. This payment method will cost you €0.29 extra per transaction.

 

Credit card
After you have chosen credit card as payment method, you will need to select your credit card type. Finally, you must enter the correct card information to confirm the payment. Your card will be charged after your order has been completed. There might be additional card charges when using this method which are subject to your country of registration. These additional charges will be mentioned during check out.

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The additional charges for credit cards are mentioned below.

Mastercard/Visa: 

  • Personal card in the EU-> €0.25 + 1.8% per transaction

  • Business card and outside of the EU -> €0.25  + 2.9% per transaction

 

Maestro:

  • €0.39 per transaction

 

American express: 

  • €0.25  + 2.9% per transaction

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PostePay:

  • €0,25 + 1,8% per transaction

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Cartes Bancaires:

  • € 0,25 + 1,8% per transaction

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5.7. Please note that in the interests of secure payment, the necessary identity documents, information on your account/credit card and a comparison of the delivery address may be requested. This is done solely for your security. The data are sent via a secure connection and are not passed to third parties. In such cases, the processing time of an order may take longer. If the information requested is not provided, the order will be cancelled and the costs for the order will be reimbursed in the same currency you selected when placing the order. In such a case, the goods will not be shipped and the offer made by you will be deemed to have been declined.

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6. Force Majeure

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We cannot be held responsible for contingencies beyond our control such as strikes, lockouts, shipping delays, fire, war etc. All confirmed orders may be partially or wholly suspended without liability on our part. In such an event the purchaser will have no claim against us for loss or damage either direct or consequential which may result.

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7. Shipping

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The costs of shipping are completely for the buyer. The shipping costs depend on the weight and volume of the purchased goods as well as the destination. The specific shipping costs for your order will be shown during the check-out phase.

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We strive to ship all orders within 7 days. Delivery dates and time vary on destination.

 

Some products cannot be shipped due to their size and weight. These products will need to be picked up at Bevrijdingsweg 9, 5171PS Kaatsheuvel, the Netherlands. If shipping is not available for a product this will be mentioned in the product description. The pick-up information of your order will be shown during the check-out phase. 

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8. Returns

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Carlusso Classic Parts webshop hopes that you are satisfied with your ordered products, however if you want to retun your order please take into account the following.

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The costs of return are for your own account. For the exact rates please consult the website of your carrier. Please note that Carlusso Classic Parts B.V. is not responsible for damage or loss of goods during transit of returned goods.

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You have the right to return a product up to 14 days from the day you obtain physical possession of the last good ordered or a third party indicated by you, other than the carrier, does so. If you exercise your right of return, the product must be returned with all delivered accessories and in its original condition and packaging. You can request a return by sending an email to RMA@carlussoclassicparts.com. We will then provide you with a return label with RMA. This return label including RMA is needed for us to process the return thus we will only accept returns that have this return label with RMA. The products must be returned within 14 days after the return label has been received. 

If your return has been received in good order and includes the return label with RMA, we will refund the order amount including its relevant shipping costs (with the exception of the supplementary costs resulting from your selection of a type of delivery other than the least expensive type of standard delivery offered by us) within 14 days. 
 

9. Warranties

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9.1. Unless otherwise stipulated below, your rights in cases of material defects and defects of title are covered by the provisions of the law.


9.2. Purely for the purposes of clarity, we wish to point out that the following circumstances do not justify or constitute material defects if they are the cause of the defect:
- natural wear and tear;
- improper use;
- inadequate or incorrect care of the goods;
- unsuitable or improper use;
- incorrect installation, in particular if the part ordered is clearly not the right one;
- failure to observe instructions for use;
- incorrect treatment/handling.

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10. Liability of the vendor for damages

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10.1. We will be liable without restriction for intent, gross negligence and in cases of harm to life, limb, or health.


10.2. In cases of minor negligence, we will be liable in cases where an essential contractual obligation has been breached. An essential contractual obligation within the meaning of this subparagraph is an obligation whose fulfilment enables the performance of this contract at all and on whose fulfilment the contractual partner may therefore regularly rely.


10.3. The liability restrictions apply in the favor of our employees, representatives, and vicarious agents correspondingly.


10.4. Otherwise, any other liability on our part is ruled out.

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11. License

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Unless otherwise noted, Carlusso Classic Parts and/or its licensors own the intellectual property rights for all data on Carlusso Classic Parts. All intellectual property rights are reserved. You may access this from Carlusso Classic Parts for your own personal use, subject to the limitations set forth in these terms and conditions.

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You may not: 

  • Copy or republish any material from Carlusso Classic Parts;

  • Sell, rent or sublicense any of Carlusso Classic Parts’ material;

  • Reproduce, duplicate or copy any material from Carlusso Classic Parts;

  • Redistribute any of Carlusso Classic Parts’ content.

This agreement begins on this date.

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Portions of this website allow users to post and exchange opinions and information on certain portions of the website. Carlusso Classic Parts does not filter, edit, publish or review comments prior to their presence on the website. Comments do not reflect the views and opinions of Carlusso Classic Parts, its agents and/or affiliate companies. Comments reflect the views and opinions of the person posting their views and opinions. To the extent permitted by applicable law, Carlusso Classic Parts shall not be liable for the comments or any liability, damages or costs caused and/or suffered as a result of the use of, and/or the posting of, and/or the appearance of the comments on this website. 
Carlusso Classic Parts reserves the right to monitor all comments and remove any comments that may be deemed inappropriate, offensive, or in violation of these terms and conditions.

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You warrant and represent that: 

  • You have the right to post the comments on our website and have all necessary licenses and permissions to do so; 

  • The comments do not infringe on any intellectual property rights, including but not limited to copyrights, patents or trademarks of any third party;

  • Comments do not contain defamatory, libelous, offensive, indecent or otherwise unlawful material, which is an invasion of privacy;

  • Comments will not be used to solicit or promote business or custom or current commercial activities or illegal activities.

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You hereby grant Carlusso Classic Parts a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit your comments in any and all forms, formats, or media. 
 

12. Images

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12.1 All films, images, drawings, data concerning weights, dimensions, colors, etc. included in price lists, folders and internet, are only approximate and cannot be a reason for compensation, damages and/or dissolution. Thus, product images are photos of a sample product and photos of the exact product listed.


12.2 All designs, images, etc. as referred to in paragraph 1 made by or under instruction of Carlusso Classic Parts remain the property of Carlusso Classic Parts and may not, without explicit written permission, be copied or otherwise multiplied or shown to third parties or used in any way. 

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13. Trademark

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The factory- or trademarks or the type- or identification numbers or signs, which are affixed to the products delivered by Carlusso Classic Parts may not be removed, damaged or altered.

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14. Term, blocking, and termination of the account

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14.1. The contract for account registration is concluded for an indefinite period.


14.2. You may terminate the contract for account registration at any time without notice.


14.3. We may duly terminate the contract for account registration with two weeks' notice.


14.4. The right to terminate the account with good reason remains unaffected. In particular, we may terminate the contract for account registration without notice if:

  • you provide incorrect or incomplete details at registration;

  • you repeatedly breach other contractual obligations and continue to breach them in spite of being called upon by us to refrain from doing so.


14.5. If we have terminated the contract, you will not be entitled to create a new account again, including under another name or designation.


14.6. All notice of termination must be given in writing. Terminations by email are considered as being given in writing.

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15. Cookies policy

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The website uses cookies to make your online experience more personalized. By accessing Carlusso Classic Parts, you agreed to use the required cookies.


A cookie is a text file placed on your hard drive by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.


We may use cookies to collect, store and track information for statistical or marketing purposes to make our website work. You have the option to accept or reject optional cookies. There are some required cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please note that by accepting required cookies, you are also accepting third-party cookies, which may be used through third-party provided services if you use such services on our website, for example, a third-party video playback window integrated on our website.

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16. Privacy policy

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The data controller releases the following information notice pursuant to articles 12, 13 and, where applicable, 14 of the GDPR with regard to the processing of personal data provided by the Customer/data subject by filling in and signing the Contract for the purchase of the products/services offered for sale by the data controller, by spontaneously uploading personal data to this website (in particular by filling in forms) or simply browsing the site.

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1. Data controller and contact details
The data controller is Carlusso Classic Parts with its registered office in Bevrijdingsweg 7, 5171 PS Kaatsheuvel, the Netherlands, VAT number 860907247B01, e-mail info@carlussoclassiccars.com, web https://www.carlussoclassicparts.com


2. Principles applicable to processing of personal data
Pursuant to the provisions of the GDPR, the data controller shall constantly endeavor to ensure that the personal data are:

(a) processed lawfully, fairly and in a transparent manner;
(b) collected for specified, explicit and legitimate purposes, and not further processed in a manner that is incompatible with those purposes;
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
(d) accurate and, where necessary, kept up to date;
(e) kept for no longer than is necessary for the purposes for which the personal data are processed;
(f) processed in a manner that ensures appropriate security of the personal data, taking appropriate technical and organizational measures;
(g) processed, if based on consent given by a freely taken decision by the Customer/data subject, on the basis of a request for consent submitted in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using a clear, plain language.

 

The data controller shall adopt appropriate technical and organizational measures to ensure the protection of the personal data by design, and to guarantee that, by default, only personal data which are necessary for each specific purpose of the processing are processed.
The data controller shall collect and take utmost account of the instructions, observations and opinions of the Customer/data subject sent to the aforementioned addresses, in order to implement a dynamic privacy management system which ensures the effective protection of persons with regard to the processing of their data.

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3. Manner of and procedure for processing personal data
Personal data shall be processed manually and with electronic tools, using logics strictly for the purposes stated below and in such a way as to guarantee the security and confidentiality of the data.

4. Purposes of processing personal data

(4a) Purposes for which personal data are processed
The personal data provided by the Customer/data subject shall be processed mainly for the performance of the Contract and the management of credit, and, more generally, for the management of the relationship arising from the Contract. Furthermore, the personal data may be processed for the selection of new staff, the distribution of products/services, the management of the suppliers and other circumstances arising from the request of the Customer/data subject or business administration. The provision of data in the Contract or subsequently, during the contractual relationship, for the purposes of the processing in question is mandatory; therefore, failure to provide such data or the partial or incorrect provision thereof shall render the execution and/or performance of the Contract impossible. The Customer/data subject will not be able to use the products/services offered by the data controller, potentially exposing the Customer/data subject to liability for breach of the Contract. The personal data provided by the Customer/data subject may also be subject to processing if this is necessary for the fulfilment of a legal obligation of the data controller, in order to safeguard the vital interests of the Customer/data subject or of another natural person, for the performance of a task of public interest or linked to the exercise of public powers with which the data controller is tasked, or to satisfy a legitimate interest of the data controller or of third parties, on the condition that the interests or the rights or the fundamental freedoms of the Customer/data subject do not prevail; here, as elsewhere, the provision of data is mandatory; therefore, failure to provide such data or the partial or incorrect disclosure thereof may expose the Customer/data subject to liabilities and sanctions as provided for by the Law.
 

(4b) Additional purposes for which personal data are processed following specific and express consent of Customer/data subject
Other than the above purposes of processing, the personal data thus provided/acquired may be processed, with the consent of the Customer/data subject to be given by selecting the box <> on the Contract or the Site (or using other social or web applications of the data controller) – for example, for market research and for commercial and promotional communications, over the telephone (also using the mobile number provided) and automated contact systems (e-mail, SMS, MMS, fax etc.) regarding products/services offered by the data controller or by companies of the Group to which the data controller may belong. Consent for the purposes of processing under this point (4b) is optional; therefore, following refusal to give such consent, the data will be processed exclusively for such purposes as referred to in point (4a) above, except for such cases as mentioned below with reference to the legitimate interests of the data controller or of third parties. Moreover, the data controller uses Mollie to ensure safe payment. This entails that personal data will be shared with Mollie. 

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5. Categories of personal data processed

The data controller shall process mainly identification/contact data (name, surname, addresses, type and number of identity documents, telephone numbers, e-mail addresses, tax/invoicing data etc.), and, if commercial transactions are envisaged, financial data (related to banking, especially details of current accounts, credit card numbers, and other data related to the said commercial transactions). The processing carried out by the data controller, both for the performance of the Contract and based on the express consent of the Customer/data subject, shall not concern, in general, particular categories of personal data that are recognized as sensitive (data revealing racial or ethnic origin, political opinions, religious beliefs, the state of health or sexual orientation etc.), or genetic and biometric data or so-called judicial data (related to criminal convictions and offences). However, it cannot be ruled out that the data controller, in order to fulfil the obligations arising from the Contract, may be obliged to store and/or process sensitive, genetic, biometric or judicial data of the Customer/data subject or of third parties, which the Customer/data subject holds in his/her capacity as data controller; in the case in question, the processing by the data controller shall be mandatory, under the conditions and within the limits of the appointment of the data controller as data processor by the Customer/data subject. In his/her capacity as data controller with reference to the Site and, potentially, as data processor appointed (under the above terms) by the Customer/data subject, the data controller shall also process the so-called browsing data. Computerized systems and software procedures dedicated to the operation of websites acquire, throughout their normal operation, some personal data whose transmission is implicit in the use of Internet communication protocols. This is information that is not collected in order to be associated to identified subjects, but which, by its very nature, may allow the identification of the data subject. This category of information includes geolocalisation data, IP addresses, the type of browser, the operating system, the domain name and the website addresses from which the site was accessed or exited, information on pages visited by the users inside the site, the time of access, the duration of presence on an individual page, the analysis of internal browsing and other parameters related to the user’s operating system and IT environment. This is, therefore, information that, by its nature, allows, through elaboration and association with data held by third parties, the identification of users. Further, the Site may use both session cookies (which are not stored on the data subject’s computer and disappear once the browser has been closed) and persistent cookies, for the transmission of personal information, or systems for tracking the data subjects anyway.

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6. Source of personal data

The personal data processed by the data controller are collected directly by the data controller from the Customer/data subject at the time of, and during, his/her browsing of the Site (or by using other social or web applications of the data controller), or, also via his/her own advertisements, on the occasion of, or following, the execution of the Contract, during the execution thereof, or from public sources. As mentioned above, the data controller, as data processor charged therewith and in order to fulfil the obligations arising from the Contract, may store and/or process data, especially browsing data, including potentially sensitive, genetic, biometric and judicial data which the Customer/data subject holds in his/her capacity as data controller, acquired with the consent of said third parties, at the time of, or during, the browsing by the said third parties of the Site (or by using other social or web applications of the data controller).

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7. Legitimate interests

The legitimate interests of the data controller or of third parties may constitute a valid legal basis for the processing, on the condition that the interests or the rights or the fundamental freedoms of the data subject do not prevail. Generally speaking, such legitimate interests may arise from a pertinent and appropriate relationship between the data controller and the data subject – for example, where the data subject is a customer of the data controller. The following, in particular, shall constitute a legitimate interest of the data controller for the processing of the personal data of the Customer/data subject: for the purposes of fraud prevention, for purposes of direct marketing, to ensure the free circulation of such data inside the Group of undertakings to which the data controller may belong, or related to the traffic, in order to guarantee the security of networks and of information, i.e. the ability of a network or a system to resist unforeseen events or illegal acts that may compromise the availability, authenticity, integrity and confidentiality of data.

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8. Circulation of personal data

(8a) Disclosure of personal data – categories of recipients
As well as employees and various partners of the data controller (who have been authorised by the data controller to process data based on adequate written operational instructions, in order to guarantee the confidentiality and security of the data), third parties, to whom/which the data controller entrusts certain activities or part thereof, may carry out certain processing operations which are useful for such purposes as referred to in point (4a), i.e. in fulfilment of both contractual and legal obligations, including, without limitation: commercial and/or technical partners; companies that provide banking and financial services; companies that provide document archiving services; debt recovery companies; auditing and financial statement certification companies; rating companies; persons who provide professional support and consultancy for the data controller; companies that provide customer care services; factoring companies, companies that securitise receivables or credit transfer companies; companies of the Group to which the data controller may belong; persons who provide commercial information; IT service companies. The persons belonging to the said categories shall process the personal data in question as independent data controllers, or as data processors, with reference to specific processing operations that are included in the contractual performance that the said persons carry out in favour/on behalf of the data controller; the data controller shall provide the data processors with adequate written operational instructions, with particular reference to the adoption of the minimum security measures, so as to guarantee the security and confidentiality of the data.
Certain processing operations may be carried out by third parties, to whom/which the data controller entrusts certain activities or part thereof, useful for such purposes as referred to in point (4b), including, without limitation: commercial and/or technical partners; companies that provide marketing services institutionally; advertising agencies; persons who provide support and consultancy with regard to competitions and sweepstakes. The persons belonging to the said categories shall process the personal data as independent data controllers, or as data processors, with reference to specific processing operations that are included in the contractual performance that the said persons carry out in favour/on behalf of the data controller; the data controller shall provide the data processors with adequate written operational instructions, with particular reference to the adoption of minimum security measures, so as to guarantee the security and confidentiality of the data. The periodically updated list of data processors with whom/which the data controller maintains relationships is available on written request addressed to the registered office of the data controller. Personal data may also be disclosed, on request, to the competent authorities, in fulfilment of the obligations arising from provisions of the law.


(8b) Transfer of personal data to third countries
The personal data of the Customer/data subject may also be transferred abroad, namely to both EU countries and non-EU countries, and, in the latter case, either based on a decision of adequacy or in the context of and with such adequate guarantees as provided for by the GDPR (i.e., in particular, in the presence of model contractual clauses for the protection of data approved by the European Commission), or other than the above circumstances, under one or more of the derogations provided for by the GDPR (in particular, following the explicit consent of the Customer/data subject or for the performance of the Contract concluded by the Customer/data subject, or for the implementation of a contract executed between the data controller and another natural or legal person in favour of the Customer/data subject, notably for the performance of activities required by the data controller for the performance of the Contract concluded with the Customer/data subject). In the event of transfer of data to non-EU countries, the Customer/data subject may, on written request addressed to the registered office of the data controller, get to know the adequate guarantees, or the derogations, that justify the across-the-border transfer. It is hereby expressly understood that, in the event of transfer of the data to non-EU countries, for all requests concerning the data and for the exercise of the rights granted to the Customer/data subject by the GDPR, the Customer/data subject may always address the data controller.

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9. Criteria for determining retention period for personal data
For such purposes as referred to in point (4a) above, the retention period for the personal data provided by the Customer/data subject and the potential subsequent processing thereof shall coincide with the statutory limitation period of the rights/obligations (legal, fiscal etc.) arising from the Contract, i.e. usually 10 years, unless in the case of acts that interrupt the limitation period, thereby prolonging it.
For such purposes as referred to in point (4b) above, the retention period for the personal data provided by the Customer/data subject and the potential subsequent processing thereof shall end with the withdrawal of the consent provided by the Customer/data subject or, in the absence of consent, one year after the end of the relationship between the data controller and the Customer/data subject.

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10. Rights of Customer/data subject
The data controller acknowledges – and facilitates the exercise by the Customer/data subject of – all the rights under the GDPR, especially the right to request access to personal data that concern him/her, and to obtain a copy thereof (article 15 of the GDPR), the right to rectification (article 16 of the GDPR), and to the erasure of the data (article 17 of the GDPR), the rights of restriction of the processing that concerns him/her (article 18 of the GDPR), the right to the portability of the data (article 20 of the GDPR, if the requirements are met) and the right to object to the processing that concerns him/her (articles 21 and 22 of the GDPR, for the cases mentioned above, and, in particular, in case of processing for marketing purposes or processing via an automated decision-making process – including profiling – which produces legal effects that concern him/her, if the requirements are met). The data controller also acknowledges – in cases where the processing is based on consent – the right of the Customer/data subject to withdraw said consent at any time, without prejudice to the lawfulness of the processing based on the consent provided prior to the withdrawal. For such purpose, the Customer/data subject may unregister from the Site (or other social or web applications of the data controller) at any time, either by using the link at the bottom of all commercial communications received, or by contacting the data controller at the above addresses.


The data controller shall also inform the Customer/data subject of the right to lodge a complaint with the Personal Data Protection Authority in its capacity as supervisory authority in Italy and to bring court proceedings against both a decision of the Data Protection Authority and the data controller and/or a data processor.


If the Customer/data subject intends to modify or delete the data provided through the Site, the Customer/data subject may apply to the data controller therefor. If the Customer/data subject has registered with the Site, the Customer/data subject may use his/her reserved area to exercise such rights as provided for in the information notice. If you wish to have your personal data deleted, we may not be able to supply you with the requested service.

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11. Security of systems and of personal data

Bearing in mind the state of the art and the implementation cost, as well as the nature, the subject, the scope and the purposes of processing, as well as the risk, in terms of probability and severity, to the rights and freedoms of natural persons, the data controller shall adopt the technical and organizational measures that can guarantee a security level appropriate to the risk presented, especially by ensuring, on a permanent basis, the confidentiality, integrity, availability and resilience of the processing systems and services (for example, through the encryption of the personal data, where necessary), and the ability to promptly restore the availability of the data in case of physical or technical incidents, and by adopting internal procedures aimed at regularly testing, verifying and assessing the efficacy of the technical and organisational measures adopted. In assessing the adequate level of security, the data controller shall take into account the risks presented by the processing, arising, in particular, from the destruction, loss, modification, unauthorised disclosure of, or the accidental or illegal access to the personal data transmitted, stored or in any way processed.


The data controller shall endeavour to ensure that anyone who acts under his/her authority and has access to personal data does not process them unless he/she has been authorised to do so by the data controller. Having said this, the Customer/data subject understands and accepts that no security system guarantees certain and absolute security; therefore, the data controller shall not be liable for acts or deeds by third parties who may access the systems without being duly authorised, although proper precautions have been taken.

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12. Automated decision-making processes, including profiling

The data controller may carry out automated processing, including profiling, in relation to the purposes under point (4b) above, to optimise the browsability of the Site (or the usability of other social or web applications of the data controller) and to improve the purchasing experience, without prejudice to what has been mentioned above with regard to the rights of objection and withdrawal of consent by the Customer/data subject. “Profiling” shall mean any form of automated processing of personal data evaluating certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s personal preferences, interests, location etc., in order to create, for example, profiles, or homogeneous groups of persons by characteristic, interest or behaviour. The data controller shall not carry out any automated processing that produces legal effects which concern the Customer/data subject or which significantly impinge on his/her person, except where this is necessary for the execution or performance of the Contract, is authorised by the law or is based on the explicit consent of the Customer/data subject, acknowledging the latter’s right to obtain human intervention, to express his/her point of view and to challenge the decision anyway.

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17. Arbitration

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Dutch law shall apply to litigation. In case of unresolvable disputes between customer and Carlusso Classic Parts the verdict of the Dutch court will be binding.

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