TERMS & CONDITIONS

General Terms and Conditions

Table of Contents

1. Scope of Application

2. Conclusion of the Contract

3. Right to Cancel

4. Prices and Payment Conditions

5. Shipment and Delivery Conditions

6. Granting Rights of Use for Digital Content

7. Contract Duration and Contract Termination Regarding Subscription Contracts

8. Reservation of Proprietary Rights

9. Warranty

10. Redemption of Campaign Vouchers

11. Redemption of Gift Vouchers

12. Applicable Law

13. Alternative dispute resolution

1) Scope of Application & Service

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Ella Ray (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 These GTC shall apply accordingly to contracts for the supply of physical data carriers that serve exclusively as carriers of digital content unless something to the contrary is regulated in this respect. Digital content within the meaning of these GTC is data that is created and made available in digital form.

1.3 These GTC apply accordingly to the supply of digital content, unless expressly agreed otherwise. Digital content within the meaning of these GTC is data that is created and provided in digital form.

1.4 Regarding the purchase of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.5 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.6 These GTC shall apply accordingly for contracts regarding the delivery of custom color palettes, style products, and consultation, unless otherwise agreed expressly.

These GTC deal only with the selling of custom palettes, styl products, or consultation for Copyright © 2025, ELLA RAY · Rungholtplatz 1, 24107 Kiel, [email protected] certain events specified in the Seller's article description.

1.7 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.

1.8 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.9 The subject matter of the contract may be - depending on the Seller's contents description - both the one-time provision of digital content and the regular provision of digital content (hereinafter "subscription contract"). In case of the subscription contract, the Seller undertakes to provide the Client with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.

1.10 According to the Seller’ product description, the object of the contract may be the supply of goods by way of a one-time delivery or the supply of goods by way of a stable delivery (hereinafter referred to as “subscription contract”).

In case of a subscription contract, the Seller commits to supply the Client with the contractually owed goods for the duration of the agreed contract period and at the contractually agreed time intervals.

1.11 We provide custom premium color palettes 3, 12, or 48 for wardrobe, hair, and makeup and production in a digital-only format.

No physical products will be shipped.

Each palette is uniquely designed and customized for each client based on our proprietary Ray Color analysis method and expertise.

No revisions or edits are included or necessary.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop.

In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

The Client may also submit his offer to the Seller by e-mail.

2.3 The Seller may accept the Client’s offer within seven days, - by transferring a written order confirmation or an order confirmation in written form (e-mail); insofar receipt of order confirmation by the Client is decisive, or - by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or - by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs.

Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail) after the order has been sent.

The Seller shall not make the contract text accessible beyond this.

If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall bestored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen.

The enlargement function of the browser to enlarge the display on the screen may be aneffective method for better recognizing input errors.

The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.6 The English language is exclusively available for the conclusion of the contract.

2.7 Order processing and contacting usually takes place via e-mail and automated order processing.

It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address.

In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Sellerwith the order processing can be delivered.

2.8 The Client agrees to deliver proper analysis images as per the instructions given via email and deliver additional images for the most accurate results of the analysis. If the client doesn´t deliver a proper analysis image the seller is not resposible for inaccurate results.

If the clients doesn´t provide additional images the seller is not responsible for inaccurate results.

2.9 The client consents by sending any images that they will be used in tools necessary to conduct the full color analysis.

These tool include but are not restricted to Canva and Adobe Suite.

For the production of the analysis video the client´s images are used inside Wondershare Filmora, Adobe Suite, Riverside, and is distributed on the Ella Ray Youtube Channel and other social media platforms. The client agrees to the use of these tools.

The client agrees to the storage of their images and data in tools like Dropbox and Clickup for client management and production.

Upon request via email all data can be deleted.

The client agrees to the use of their images and data inside Go High Level for client management and communication.

Upon request via email all data can be deleted. The following email can be used: [email protected].

3) Right to Cancel

3.1 Consumers are entitled to the right to cancel orders within 12h (refund will be applied minus the Stripe fees).

3.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.

3.3 Unless otherwise agreed, a right to cancel shall not apply to contracts for the provision of style products/digital downloads within the Raystudio Store.

No refunds will be issued after 12 hours from the time of purchase (for Custom Color Palettes).

No refunds are available for digital download products sold in the Raystudio Store (such as Color Charts).

All payments are final and non-refundable once processing has begun.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product description, prices indicated are total prices in US dollars.

Sales tax is not listed, since the Seller is a small trader within the meaning of section 19, para 1 German Turnover Tax Act.

Any possible additional delivery and dispatch costs are specified separately in the respective product description.

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop (Stripe, Credit Card, Debit Card, Klarna, and more).

4.3 Credit card payment via Stripe.

When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract.

Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe").

Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.

5) Shipment and Delivery Conditions

5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed.

When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.

5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch.

This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notifiedthe Client about the service for a reasonable time in advance.

5.3 Personal collection is not possible for logistical reasons.

5.4 Digital content will be provided to the Client exclusively in electronic form as follows: via download by e-mail (using a dropbox link) and inside the Raystudio App for custom Color Palettes.

5.5 Vouchers will be provided to the Client as follows:- by download- by e-mail or inside the Raystudio App.

5.6 Digital produts (custom Color Palettes, Color Charts, etc.) will be provided to the Client as follows: via email (as a dropbox download link) and if chosen by Client inside the Raystudio App.

5.7 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply.

This only applies if the Seller is not responsible for the non-supply.

In the event of high demand for Custom Color Palettes, the estimated waiting time will be shared on the website and the waiting list queue will be shared in the community chat Raystudio Essential.

5.8 Digital color palettes will be delivered via email and Dropbox download.

Delivery depends on the size of the palette (3, 12, or 48 colors) and the selected analysis format (video analysis or analysis PDF).

Standard production time is usually between 7 and 20 days.

When demand is high, there may be a waiting list, in addition to the standard production time.

The current waiting list queue is published and updated in the support community chat.

5.9 The color palette is provided in PNG format, and the color analysis is delivered as either a PDF or video.

If the client chooses video analysis, they grant permission for the video to be published on our YouTube channel.

This permission cannot be revoked if the client dislikes the video.

If the client chooses to use the palette inside the Raystudio app, we will upload a private folder with all their material there.

5.10 Clients will receive access to a support community chat after booking.

The community chat link will be shared via email.

The chat is intended for general guidance and discussion but does not include personalized consultations or additional modifications to the palette.

6) Granting Rights of Use for Digital Content

6.1 Color Palette Usage Rights and Restrictions
Intellectual Property Notice and License Agreement

All color palettes (including, but not limited to, any digital files, visual materials, proprietary Ray Color Analysis system, color names, color codes, and any associated guidance or documentation) delivered by Raystudio ("we," "us," or "our") are the intellectual property of Raystudio (by Ella Ray) and are protected under applicable copyright, trademark, and intellectual property laws.

Personal Use License

Upon purchase or receipt of any custom or curated color palette from Raystudio, the client ("you") is granted a non-exclusive, non-transferable, non-sublicensable license to use the color palette solely for personal use.

This includes, but is not limited to:

Styling your own wardrobe, hair, makeup, and accessories

Personal shopping decisions

Informing your private lifestyle or wellness choices

Sharing your palettes with other professionals (stylists, hairdressers, makeup artists, etc.) for the purpose of helping you in a private/personal capacity.

Commercial Use Prohibited

You are expressly prohibited from using, copying, reproducing, adapting, modifying, sublicensing, reselling, distributing, or otherwise exploiting any part of the color palettes or the proprietary Ray Color Analysis system used to create them for commercial purposes.

This includes but is not limited to:

Use in professional services (including coaching, consulting, or styling)

Incorporation into training programs, workshops, digital products, or educational content

Reproduction in print, video, web, or digital media for sale or public distribution

Sharing or teaching the palette or its method in any commercial or public setting

6.2 Unauthorized Use

Any unauthorized commercial use of our intellectual property constitutes a material breach of this agreement and may result in immediate termination of your license and legal action, including injunctive relief, damages, and attorney’s fees.

Questions and Permissions

If you wish to license the color system or use it in a professional or commercial setting, please contact us at [email protected] to inquire about licensing opportunities or approved partnerships.

6.3 We retain the right to use the color palette for promotional material, in our store, or on social media.

If clients have permitted their images to be published on our YouTube channel, we retain the right to use those images across other social media platforms for promotional purposes as well.

6.4 The granting of rights pursuant to section 158 (1) German Civil Law Code will only become effective, if the Client has paid the contractually stipulated compensation in full.

The Seller may allow the use of the contractual contents temporarily prior to this date.

A transfer of rights does not take place via such a provisional permission.

7) Contract Duration and Contract Termination Regarding Subscription

Contracts

7.1 Subscription contracts are concluded indefinitely and can be cancelled by the Client at the end of each month.

7.2 The right to immediate termination for important reasons remains unaffected. An important reason is considered, when the continuation of the contract is no more reasonable until the end of the agreed contractual period or until expiry of the notice period for termination, taking into account all circumstances of the particular case and with balanced judgement of mutual interests

7.3 Notices of termination must be made in writing or in text form (for example by e-mail).

8) Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

9) Warranty

9.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:

9.2 If the Client acts as trader - the Seller may choose the type of subsequent performance,- for new goods, the limitation period for claims for defects shall be one year fromdelivery of the goods,- for used goods, the rights and claims for defects are excluded,- the limitation period shall not recommence if a replacement delivery is made within thescope of liability for defects.

9.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply- to claims for damages and reimbursement of expenses of the Client, - if the Seller has fraudulently concealed the defect,- for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,- for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.

9.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

9.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.

9.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

9.7 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual conditions of the respective service provider shall apply.

10) Redemption of Campaign Vouchers

10.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.
10.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.

10.3 Campaign vouchers can only be redeemed by consumers. Copyright © 2022, ELLA RAY · Rungholtplatz 1, 24107 Kiel, [email protected]

10.4 Only one campaign voucher can be redeemed per order.

10.5 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.

10.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

10.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.

10.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.

10.9 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.

11) Redemption of Gift Vouchers

11.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller’s online shop, unless otherwise stipulated in the voucher.

11.2 Gift vouchers and remaining assets of gift vouchers can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client’s voucher account.

11.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

11.6 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

11.7 The gift voucher credit will not be redeemed in cash and is not subject to any interest.

11.8 The gift voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner. Copyright © 2025, ELLA RAY · Rungholtplatz 1, 24107 Kiel, [email protected]

11.9. Disclaimers & Limitations of Liability

We do not guarantee specific results, as the effectiveness of the palette depends on the client’s ability to use it correctly.

Inexperienced clients may need more time to fully integrate and see results, while others may benefit instantly due to prior knowledge of color use.

Our general promise is that the colors will help clients appear more radiant, healthy, and confident, while also making it easier to find suitable colors in stores, saving time, and improving communication.

We are not liable for any incorrect color interpretations due to screen settings or other factors.

We use a Pantone-validated screen for producing the palettes, ensuring the highest accuracy possible.

If a client’s screen is not color-calibrated, they may experience slight variations in color perception.

Clients are encouraged to consult us in the support community chat before making major purchases to ensure color accuracy.

This does not include full styling consultations.

11.10 Modifications to Terms

We reserve the right to change these Terms at any time.

Clients are responsible for reading the Terms before making any purchases.

If changes affect existing clients, they will be notified via our newsletter.

Continued use of our services after changes to the Terms constitutes acceptance of the new terms.

12) Applicable Law

12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

12.2 With regard to the statutory right of cancellation, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of the conclusion of the contract.

13) Alternative dispute resolution

13.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

13.2 The Seller is not obliged to use ADR entities to resolve disputes with consumers, but he is ready for this.

14) RAYSTUDIO MEMBERSHIP

Terms of Use for Raystudio Membership Material

By accessing and using the design materials provided in this members area, including but not limited to video slides, color analysis, color library, color combination cards, consulting, and any related resources (hereinafter referred to as "Raystudio Membership Material"), you agree to the following terms and conditions:

Personal Use Only:

The Raystudio Membership Material is provided exclusively for your personal use.

Personal use is defined as use for individual, non-commercial purposes.

This includes creating a personal wardrobe/lookbooks, enhancing your own style skills, and utilizing the materials for personal educational purposes.

Prohibition of Commercial Use:

You are strictly prohibited from using the Raystudio Membership Material for any commercial purposes.

Commercial use includes, but is not limited to: Selling, reselling, or distributing the Raystudio Membership Material.

Using the Raystudio Membership Material in any products or services for which you or any third party receive compensation.

Incorporating the Raystudio Membership Material into any projects or works intended for sale or for a client's use.

Usage Restrictions:

You are not allowed to copy, download, or otherwise reproduce the Raystudio Membership Material. The Raystudio Membership Material may only be used within the Raystudio app.

Any attempt to bypass, disable, or circumvent any technological measures employed to control access to the Raystudio Membership Material is strictly prohibited.

Intellectual Property Rights:

All intellectual property rights in and to the Raystudio Membership Material are owned by Ella Ray/Raystudio.

These materials are protected by copyright, trademark, and other intellectual property laws.

Unauthorized use, reproduction, or distribution of the Raystudio Membership Material is strictly prohibited.

Non-Transferable License:

You are granted a non-transferable, non-exclusive license to access and use the Raystudio Membership Material for personal purposes only within the Raystudio app.

This license does not grant you any ownership rights to the materials.

You may not sublicense, assign, or transfer this license to any other party.

Additional Restrictions:

You agree not to:

Modify, adapt, or create derivative works based on the Raystudio Membership Material for commercial use.

Share your access to the members area or the Raystudio Membership Material with any third parties.

Remove or alter any copyright, trademark, or other proprietary notices contained in the Raystudio Membership Material.

Termination:

Your access to the Raystudio Membership Material and the license granted herein may be terminated by Ella Ray/Raystudio at any time if you violate these terms.

Upon termination, you must immediately cease all use of the Raystudio Membership Material and destroy any copies you have made.

Disclaimer:

The Raystudio Membership Material is provided "as is" without warranties of any kind, either express or implied.

Ella Ray/Raystudio does not warrant that the materials will be error-free or that they will meet your specific needs or requirements.

No Money-Back Guarantee

By signing up and accessing the Raystudio Membership Material, you acknowledge and agree that all sales are final.

Once access to the Raystudio Membership Material is granted, no refunds will be provided.

This no money-back guarantee is in place because the material is made available to you immediately upon registration, and cannot be returned or revoked.

By accessing and using the Raystudio Membership Material, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.