General Terms and conditions (hereinafter just “Terms”) of Blue Religion s.r.o. with registered office at Klincová 37, 821 08 Bratislava, Reg. Nr.: 45 565 180, registered in the Commercial Register of the District Court Bratislava I, section Sro, insert nr. 66034/B (hereinafter just “Blue Religion”) apply to all sales of goods, electronic content (photographs, etc.) and services of Blue Religion on the web portal www.bluereligion.org (hereinafter referred to as “e-shop”).
The provisions of these Terms do not apply to tours organized by Blue Religion and tourism services offered in connection with these tours organized by Blue Religion. To find out the terms and conditions of the tours, please read the General Terms and Conditions for Travel Agreements by Blue Religion published at www.bluereligion.org.
Article I. Introductory Provisions
- The owner (seller) of the e-shop is the company Blue Religion, which, in concluding and fulfilling the contract, acts within the scope of its registered commercial or other entrepreneurial activities
- The Customer (buyer) in the e-shop is any natural or legal person who, after own authorization, submits an electronic order of goods, electronic content or service (hereinafter referred to as the "Customer").
- These Terms govern the rights and obligations of Blue Religion and Customers in the purchase of goods, electronic content and services on the e-shop.
- These Terms do not apply to the sale of tours and tourism services by Blue Religion.
- The legal relationship between the Customer and Blue Religion established under these Terms is subject to the provisions of Act No. 513/1991 Coll. – the Commercial Code, as amended (hereinafter referred to as the “Commercial Code”), unless the Customer is a consumer. If the Customer is a consumer, the legal relationship between the Customer and the Blue Religion established under these Terms shall be governed by the provisions of Act No. 40/1964 Coll. – the Civil Code, as amended (hereinafter referred to as the "Civil Code"), Act No. 250/2007 Coll. on Consumer Protection and on Amendment to Act of the Slovak National Council no. 372/1990 Coll. on offenses, as amended (hereinafter referred to as the “Consumer Protection Act”), Act no. 102/2014 Coll. on the protection of consumers in the sale of goods or provision of services on the basis of a distance or off-premises contracts (hereinafter referred to as the “Consumer Protection Act in Distance Contracts”); Act No.. 22/2004 Coll. on e-commerce and on amendment of Act no. 128/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments to Certain Acts, as amended by Act No. 284/2002 Coll. (“E-Commerce Act”).
By agreeing to these Terms and sending the order, the Customer declares that:
- he is acquainted with the main features of the ordered goods, electronic content or service as described in the description of the goods or service;
- he has read and agrees with these Terms;
- he provided correct and up-to-date information in the order form;
- he is authorized to enter into a valid contract with Blue Religion arising from the ordering of goods, electronic content or services according to the valid regulations of the Slovak Republic and the country of his citizenship or residence;
- if he uses the e-shop as a representative of another person, he is validly and effectively authorized to represent such person;
- if he confirms these Terms on behalf of a company, he is entitled to conclude a valid contract with Blue Religion arising from the ordering of goods, electronic content or services;
- if he is a natural person, has the legal capacity to conclude a contract arising from the ordering of Blue Religion goods, electronic content or services;
- he is able to comply with and fulfil all rules, conditions, obligations, commitments, statements and warranties set forth in these Terms.
Article II. Order and Conclusion of Contract
- The goods, electronic content and services offered for sale by Blue Religion are published on the e-shop.
- The specification of the goods, electronic content or services offered is part of the description of the goods, electronic content or service published in the e-shop offer.
- The Customer will place the order by adding the goods, electronic content or service on the e-shop to their "shopping cart", and after adding items to the shopping cart, can either continue shopping can or go to the "checkout", where he will find items that he has in his shopping cart. After confirming the contents of your shopping cart, the e-shop will ask him to fill out an order form containing his delivery and billing information. The customer will place the order by filling in and sending the order form online in the e-shop. After submitting the order form, the order will be delivered to Blue Religion, which will confirm or reject the order, based on the availability of the goods, electronic content or service.
- Blue Religion will deliver the order confirmation to the e-mail address that the Customer provides for this purpose.
- Unless otherwise specified in these Terms, the delivery of the order confirmation by Blue Religion shall lead to the conclusion of a contract between the Customer and Blue Religion.
Article III. Price and Payment Methods
- The price of goods, electronic content and services is usually given for individual items in the e-shop, and in the event, that the price is subject to a separate agreement on the conditions of providing goods, electronic content or service a remark “price by agreement” shall be shown next to the item. The Customer will be given the price by contacting Blue Religion to agree on the terms of delivery of the goods, electronic content or service.
- The final price for the goods, electronic content or service (unless they are subject to a separate agreement on the terms of delivery of the goods, electronic content or service) ordered by the Customer shall be stated in the order form.
The Customer may pay for the ordered goods, electronic content or service in any of the ways that Blue Religion makes available on its e-shop, in particular:
- Payment through Stripe platform at the time of placing the order – payment is made through a payment services provider, the company Stripe, Inc. based in San Francisco, U.S.A., based on credit or debit card information provided by the Customer for the payment. The payment will be withdrawn by Stripe platform and the Customer will receive payment confirmation. Please note that a payment which has already been made is not refundable on the Stripe platform. This non-refundability does not affect any possible refunds within the complaints process according to these Terms. For more information on Stripe services, please go to https://stripe.com/en-ch or https://support.stripe.com/;
- Direct payment by bank transfer to the account – the Customer can also make the payment directly by bank transfer. If bank transfer payment is selected, the Customer will receive information and details necessary for successful bank
- In the event that after the payment of the order is made, it turns out that delivery of the goods, electronic content or service in the order is not possible (no contract will be concluded), Blue Religion will refund the payment to the Customer within 14 days of its execution.
Article IV. Sale and Delivery of Goods
- For each item, the delivery time is specified, which determines how many working days from the conclusion of the Contract Blue Religion usually dispatches the item.
- Blue Religion handles orders continuously every working day. In the event that for any reason Blue Religion is unable to meet the delivery date, it shall inform the Customer of this fact without undue delay and shall indicate the expected delivery date.
- By agreeing to these Terms, the Customer agrees to extend the delivery time of individual goods if it is not possible to deliver all the ordered goods within the agreed deadline.
- The obligation of Blue Religion to deliver the goods to the Customer shall be deemed to be fulfilled even if the Customer does not take over the goods at the agreed time and at the agreed place, or if he refuses to accept the goods.
- In the event that the Customer does not take over the goods and returns the goods, Blue Religion has the right to withdraw from the Contract and claim from the Customer the cost of shipping and returning the goods and, in the case of custom made goods, the cost of manufacturing these goods.
- Upon receipt of the shipment, the Customer is obliged to check that the packaging is not damaged and that the goods are free from defects.
- Blue Religion shall not be liable for any damage and/or delay in delivery of goods caused by the courier or due to incorrectly entered address in the order.
- Delivery of the goods will be charged depending on the chosen method of transport, the price of the transport will be given to the Customer when selecting the method of delivery within the finalization of the order of the goods.
- Transport may be subject to the special conditions of the selected carrier (transport rules).
- In the case of sales to third countries, the sale of the goods may be subject to payment of duties which are not included in the price of the goods and shall be paid by the Customer.
- Blue Religion reserves the right to delay the dispatch of the ordered goods until the purchase price has been paid in full.
Article V. Electronic Content Sales – Photographs (Licenses)
- Blue Religion allows Customers to purchase a license for the photos offered by Blue Religion through the e-shop.
- Purchasing a photo license may include sending a data file containing the photo with the dimensions specified in the description, to the email address specified by the Customer.
- The Customer shall order the photo license by selecting the photo for which he wishes to obtain the license, adding it to the “shopping cart” and then completing and sending the order form as described in Article II. Point 3 of these Terms. The license will be granted to the Customer only after payment of the price for granting the license.
Unless expressly agreed otherwise, by payment of the price, the Customer shall acquire a license to the following extent:
Method of use: The customer acquires the license only for:
- free public presentation of the photo via the Internet on maximum one web portal (for more publications it is necessary to purchase another license) and / or
- dissemination of a photograph by making a hard copy of it, but on no more than one type of medium, in one size and, in the case of a publication (literary work), in a single language publication only (for each individual use, it is necessary to buy a new license).
The Customer is not entitled to use the photo in a manner that could damage the good name or reputation of the author of the photo and of Blue Religion, and in particular may not publish the photo in connection with any form of pornography, and offensive or obscene content. Blue Religion has the right to prohibit the Customer from such use of the photograph.
The Customer is not entitled to sell, rent or lend the photograph or the photographic objects in any way. Within the license, the Customer is not authorized to (i) alter, (ii) modify, (iii) change, (iv) creatively process, (v) adapt, (vi) create derivative works, (vii) include the photograph in collective works, (viii) associate the photograph with other works; (ix) make copies of the photograph other than in accordance with the first sentence; (x) trade the Subject of Intellectual Property.
- Scope of License: The Customer acquires the license to a limited extent. The Customer is entitled to use the license only in the territory of his country of residence or residency (headquarters), only to the extent according to the authorized way of using the photograph and only for the duration of the license.
- Duration of the license: The Customer acquires the license for the duration of the Blue Religion property rights to the photograph (§ 32 of the Copyright Act).
- License Fee: To acquire the license, the Customer is charged a fee in the amount of the license payment published on the e-shop, unless otherwise agreed with Blue Religion. If the customer will generate revenue in connection with the sale, lease or other form of distribution of the photograph, even in violation of this license, he is obliged to pay these revenues to Blue Religion.
- Exclusivity of License: The Customer acquires a non-exclusive and limited license. Customer is not obliged to use the exclusive license.
- Transfer and Termination of License: Rights and obligations under the license do not pass to the legal successors of the Customer.
- License Handling: Blue Religion does not consent to Customer's giving consent to third party(ies) for use of the photograph (sublicense), therefore, Customer is not entitled to sublicense. Furthermore, the Customer is not entitled to delegate the purchased license or part thereof to a third party.
- Method of use: The customer acquires the license only for:
- Blue Religion is entitled at any time during the term of the license to demand the Customer to submit a demonstration of the use of the purchased license within 90 days of receipt of the notice. In the event that the use of the photograph in accordance with the purchased license is not proven, Blue Religion is entitled to use all legal means to protect its copyright against the Customer. In the case of Business Customers, Blue Religion has the right to a contractual penalty of EUR 1000, which is payable upon expiry of the 90-day period or when unauthorized use of the photo has been detected (whichever occurs sooner).
- Blue Religion will use all available legal means to protect its copyright and the copyright of the author of the photo from unauthorized use.
- If electronic content other than photographs is offered on the e-shop, this Article of the Terms shall apply to its sale, unless otherwise specified by Blue Religion.
- Blue Religion reserves the right to delay the submission of the ordered electronic content until full payment of the license price is made.
Article VI. Sale of Services
- Blue Religion allows Customers to order through the e-shop also services, which are published in its offer.
- The terms of delivery of some services in the e-shop offer may depend on the specific terms agreed between Blue Religion and the Customer ordering the services. In such cases, the price quoted in the e-shop offer may not be final.
- If a work of art with copyright is created as part of the delivery of the services to the Customer, the Customer shall be given the license to the extent of Article V., Point 4 of these Terms, unless otherwise specified by Blue Religion.
- The Customer shall order the service generally in accordance with Article II. of these Terms.
- Blue Religion reserves the right to delay the provision of the ordered service until full payment of the price of the service is made.
Article VII. Claims Procedure
- This part of the Terms governs the conditions for claiming defects in goods, electronic content and services sold to consumers. In the case of Customers who are legal persons, their claims from defects in goods, electronic content and services will be governed by the relevant provisions of the Commercial Code.
Basic conditions of the complaint:
- If a defect occurs in the purchased goods, electronic content or service during the warranty period, the Customer shall have the right to claim the defect.
- The defect of the goods shall not be considered to be changes in the characteristics of the goods that arose during the warranty period due to wear, misuse or use contrary to the purpose for which the goods are intended, improper or neglected basic maintenance, incorrect intervention by the Customer, third parties and/or incorrect storage of goods.
- If the Customer exercises the right for liability for defects sold duly and on time, Blue Religion or its authorized employee is obliged to decide on the complaint immediately, in justified cases later, but the total period of the complaint must not exceed 30 days from the date of the complaint.
- Removable defects of goods - A removable defect is considered to be such a defect, when its removal (repair) does affect the appearance, function and quality of the product, and the removal can be done without undue delay and the removal is effective. If a removable defect occurs, the Customer has the right to demand its free, timely and proper removal or discount from the purchase price. Instead of removing the defect, Blue Religion can always replace the defective item with a faultless item, unless this causes the Customer serious difficulties.
- Non-removable defects in goods - A defect that is irremovable means a defect that prevents the proper use of the goods and which cannot be removed or is ineffective to remove. If the defect is irremovable, not caused by negligence in use, the Customer has the right to request replacement of the goods for new and faultless or withdraw from the purchase contract. The Customer shall have the same rights in respect of removable defects of the goods, but due to their repeated occurrence after repair or a larger number of them, the Customer cannot properly use the goods.
Place and Methods of Claims Procedure:
- The complaint may be sent by the Customer to the following Blue Religion e-mail address: firstname.lastname@example.org or to the address of Blue Religion's registered office. In the report, the Customer is obliged to state the description of the claimed goods, electronic content or service, describe the reason for the complaint, choose the method of handling the complaint and attach a copy of the invoice or proof of payment for the claimed goods, electronic content or service. The Customer may also provide information on the claimed goods, electronic content or service in the complaint form available on the e-shop.
- If the complaint is made by means of long-distance communication, Blue Religion will deliver to the Customer the confirmation of the claim immediately, if for any reason it would not be possible to deliver the confirmation immediately, it will be delivered without undue delay, at the latest together with the notice of how the claim was handled.
- You can send the claimed goods to the address SHOP SUPPORT s.r.o. , Frana Krala 1503, 966 81 Zarnovica, Slovak Republic. The goods should be sent in the original packaging or in the transport packaging, suitable for the requirements of the transport of fragile goods, including all accessories, and the shipment must be marked with appropriate symbols, as Blue Religion does not guarantee any mechanical damage prior to receipt of the goods. In the event of a justified complaint, the Customer, as a consumer, is entitled to receive the refund of the lowest possible amount of postage for safe delivery (it is necessary to provide proof of such transport). In the event of an unjustified complaint, the Customer is not entitled to reimbursement of his costs associated with handling the claim and, at the same time, Blue Religion is not entitled to reimbursement of costs incurred on its part.
Time Deadlines for Making a Claim:
- You must assert rights of liability for defects of the goods with Blue Religion without undue delay after their discovery, but no later than the expiry of the statutory warranty period, i.e. within 24 months of receipt of the goods if you are a consumer.
- In the case of used items Blue Religion is not responsible for defects caused by their use or wear and the warranty period is 12 months from the date of their receipt by the buyer. Foodstuffs must retain their quality and safety until the expiry date or the date of minimum durability indicated on the package.
- In the case of perishable goods, the Customer must lodge a claim no later than the day following the receipt of the goods, otherwise the customer's right to claim such goods expires.
- The Customer is obliged to claim claims from defects in services and electronic content immediately after their discovery. Blue Religion shall not be liable for defects in electronic content caused by failure of Customer's electronic equipment or due to such defects.
- If the complaint is settled by repair, the warranty period is extended by the period from the exercise of the right to remedy the defect until the deadline when the Customer is obliged to take over the goods. Once the Customer exercises some of the defect liability rights, such as the right to repair goods or a discount, the Customer is bound by this expression of will and cannot change the choice of the right exercised unless otherwise agreed with Blue Religion.
- If the complaint is resolved by replacing the defective goods with a new one, the warranty period shall commence again from the receipt of the goods.
- Blue Religion assesses the eligibility of a claim for a fault of goods and, after the assessment, informs the buyer by e-mail on how the claim will be handled.
The right to withdraw from the Contract:
- The Customer has the right to withdraw from the Contract within 14 days of receipt of the goods or conclusion of the contract for the provision of electronic content or service, even without stating a reason and without sanctions. Withdrawal terminates the contract from the beginning. The customer may also withdraw from the contract only in respect of a part of the subject of the contract, in which case the contract is cancelled in this part.
- The Customer must exercise the right of withdrawal from the Seller by written notice sent to the e-mail address email@example.com or in writing to the registered address of Blue Religion. The withdrawal form can be downloaded from the e-shop website. The withdrawal period shall be deemed to be adhered to if the withdrawal notice is sent no later than the last day of the period.
- The Customer is obliged to send the goods back to Blue Religion no later than 14 days from the date of withdrawal. The period for returning the goods shall be deemed to have been maintained if the goods were handed over for transport no later than the last day of the period.
- The cost of returning the goods to Blue Religion shall be borne by the Customer. Goods must be delivered complete, including accessories, undamaged, preferably in their original packaging and unused (beyond the use required to test the item).
- The Customer is responsible for the damage of the goods resulting from the handling of the goods beyond what is necessary to determine the characteristics and functionality of the goods.
- Blue Religion shall return to the Customer, without undue delay, but no later than 14 days from the date of receipt of the notice of withdrawal, payments received under or in connection with the contract. Blue Religion is required to refund payments in the same manner as was used in the payment. Blue Religion shall not be obliged to refund the payment to the Customer before the goods are returned or until the Customer proves the shipment to Blue Religion.
- In the event of unauthorized withdrawal from the contract, the goods will be returned to the Customer at his expense.
The Customer cannot withdraw from the contract, when the subject of the contract is:
- the provision of service if the provision of the service has started with the acknowledged agreement of the Customer and the Customer has stated that he has been properly informed that by acknowledging such consent, he loses the right of withdrawal after the full provision of the service, and if full provision of service has been provided;
- the sale of goods made to Customer's specific requirements, custom made goods or goods designed specifically for one Customer;
- the sale of goods which are subject to rapid deterioration or perishability;
- the sale of goods enclosed in a protective packaging which it is not appropriate to return for health or hygiene reasons and whose protective packaging has been broken after delivery;
- the sale of goods which, by their nature, may, after delivery, be inseparably mixed with other goods;
- sale of sound recordings, video recordings, audio-visual recordings or computer software sold in a protective packaging if the Customer has unpacked the packaging;
- provision of electronic content other than on a tangible medium, if the provision of such content began with the acknowledged agreement of the Customer and the Customer has declared that he/she has been duly instructed that he/she loses the right of withdrawal by acknowledging such consent.
Alternative Dispute Resolution:
- The Customer has the right to contact Blue Religion for redress if he is not satisfied with the way Blue Religion has settled his claim or if he believes that Blue Religion has violated his rights. If Blue Religion refuses to respond to this request or fails to respond within 30 days of its delivery, the Customer has the right to file a request for Alternative Dispute Resolution to and Alternative Dispute Resolution Entity (“ADR Entity”) under Act 391/2015 Coll. on Alternative Dispute Resolution ("ADR Act"). The Customer may submit a proposal in the manner specified pursuant to paragraph 12 of the ADR Act. Alternative dispute resolution only concerns a dispute between the Customer and Blue Religion arising from or related to a consumer contract. Alternative dispute resolution only applies to distance contracts. You can also file a complaint through the Alternative Dispute Resolution Platform, available online at http://ec.europa.eu/consumers/odr/index_en.htm
- Alternative dispute resolution shall not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the Customer to pay a fee for initiating an alternative dispute resolution up to a maximum of EUR 5 with VAT.
Article VIII. Privacy Protection
- Information on the processing of personal data by the company Blue Religion according to § 19 et seq. of Act no. 18/2018 on the Protection of Personal Data, (hereinafter referred to as the "Personal Data Protection Act") in accordance with Articles no. 13 and 14 of Regulation of the European Parliament and of the Council of the European Union no. 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive No. 95/46 / EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”.
Personal data controller:
- The personal data controller is a person who defines the purpose and means of processing personal data and processes personal data in his own name.
- The personal data controller when concluding contracts and performing activities under these Terms is the company Blue Religion. If the term Controller is used in this part of the Terms, it means Blue Religion.
- All rights and obligations of Blue Religion as the controller as well as the rights of the data subject are regulated by the Personal Data Protection Act and the GDPR Regulation, which the Controller strictly respects.
Scope and categories of personal data processed
- The scope or the list of processed personal data is determined by the relevant legal regulations; it is based directly or indirectly on the concluded Contract as well as other contractual documentation or is stated in the consent to the processing of personal data (if applicable).
- The controller processes the personal data to the extent necessary to fulfill the purpose of their processing.
For marketing purposes, the controller processes the following categories of personal data:
- Basic identification data - title, name, surname and address of residence;
- Contact details - email address and telephone number;
- Information on the purchase of goods, electronic content and services – in what goods, electronic content the Customer showed interest in the past, information about the use of the client zone, etc. and based on this data the controller can recommend suitable products and services.
Sources of personal data
- the controller obtains the personal data referred to in Article VIII., Point 3 of these Terms directly from the Customer as a data subject. Personal data and other personal information are provided when the Customer is subscribing to the newsletter, registers in the e-shop, when making the order or elsewhere in the online environment or other documents.
- Personal data may also, in some cases, come from publicly available sources, registers and records, for example from a business register or, exceptionally, from third parties authorized to provide them.
Purpose of processing
If personal data is processed in connection with the fulfillment of the Controller’s contractual obligations, the legitimate interest of the Controller or pursuant to a special regulation or an international agreement by which the Slovak Republic is bound, the purpose of the processing is mainly related to the following activities:
- concluding, recording and managing contracts, including customer care;
- fulfillment of contractual obligations;
- the processing of personal data in the accounts;
- recording and archiving;
- dealing with possible claims and active and passive litigation;
- performance of internal audit, compliance check, etc.
If personal data is processed with consent for marketing purposes, the main purpose of such processing is to offer the latest information on the current products and services of the Controller, or on the offers and services of the Controller's business partners, and the given purpose of processing is connected mainly to the following activities:
- offer of products, electronic content and services, the Controller may provide offers electronically, in particular in the form of e-mails or messages sent to mobile devices via telephone number or application, as well as through the client zone; by mail, telephone and so on;
- automated processing of personal data, including the use of applications for the purposes of remarketing, retargeting and user segmentation in order to tailor the offer to individual needs;
- conducting consumer competitions;
- satisfaction surveys on the products and services used;
- for the purpose of organizing social events organized by the Controller.
- Consent for marketing purposes is voluntary. However, the consent is required for the Controller to be able to send individual offers of products and services, to organize consumer competitions, etc.
- If personal data is processed in connection with the fulfillment of the Controller’s contractual obligations, the legitimate interest of the Controller or pursuant to a special regulation or an international agreement by which the Slovak Republic is bound, the purpose of the processing is mainly related to the following activities:
- Conclusion of Contract and performance of the Contract – the Customer’s personal data in the extent provided by him in his order for goods, electronic content and services and in connection with the performance of the contract resulting from the order is processed by the Controller due to the necessity of processing for the purposes of Contract preparation and performance (legal basis under Article 6 (1) (b) of the GDPR).
- Fulfillment of accounting obligations - Customer's personal data processed in the Controller's accounting in connection with the sale of goods, electronic content and services are processed by the Controller also for the fulfillment of its statutory accounting obligations (legal basis pursuant to Article 6 (1) (c) of the GDPR Regulation).
- Marketing (newsletter) - the Customer's personal data as he provides it (especially e-mail) when subscribing to the newsletter will be processed by the Controller on the basis of given consent (legal basis under Article 6 (1) (a) of the GDPR Regulation) and if the Customer purchases any product, electronic content or service from the Controller, the Controller will process the Customer's personal data necessary to send newsletters due to the legitimate interest in sending offers for services that the Customer may be interested in (legal basis under Article 6 (1) (f) of the GDPR Regulation).
- Operation of the e-shop - Personal data of visitors to the e-shop, including data obtained from the use of the e-shop, will be processed by the Controller in order to provide, improve and optimize the operation of the portal, increase comfort of using the portal, ensure its technical support, analytic and statistical evaluation of the use of the portal, detecting and preventing misuse of the portal (including prevention of fraud, security incidents and other similar activities), risk assessment and compliance with legal obligations (legal basis under Article 6 (1) (f) of the GDPR Regulation).
- Answering questions, requests, inquires - Personal data provided when contacting the Controller are processed by the Controller due to the necessity of their processing in order to exercise his legitimate interest in answering any questions, requests or inquiries asked (legal basis under Article 6 (1) (f) of the GDPR Regulation).
- Processing of requests in relation to the exercise of data subject rights under GDPR – Personal data of the data subject, at least to the extent of name, surname, e-mail address, telephone number and, where applicable, any other data provided by the data subject to the Controller for review, assessment, performance, and information on the processing of a request concerning the exercise of some of the rights under Articles 16 to 22 of the GDPR Regulation, shall be processed by the Controller due to the necessity of their processing in order to fulfill the legal obligation of the Controller under the data protection rules (legal basis under Article 6 (1) (c) of the GDPR Regulation).
- The controller also carries out the so-called profiling, or automated processing in selected processes. Automated processing is the processing of personal data using exclusively automated information systems (e.g. software) or web applications for the purpose of calculating the price, etc. The Controller seeks to provide tailor-made offers for products and services, and for this reason personal data is profiled with the consent granted for marketing purposes.
Period of processing and storage of personal data
- Conclusion and performance of the contract - Personal data processed in the conclusion and performance of contracts with Customers will be processed for the period necessary to exercise the rights and obligations under the Contract (maximum 4 years after performance), for the period required by the accounting regulations (maximum 10 years after the Contract has been fulfilled).
- Marketing (newsletter) - Personal data processed for the purpose of sending offers and news will be processed until the withdrawal of consent for processing for this purpose or until cancelation of subscription.
- Operation of the e-shop - Personal data processed in the operation of the e-shop will be processed for the time necessary for the purpose for which they are processed, but for a maximum of 2 years.
- Answering questions, requests, inquiries - Personal data processed when answering questions, requests and inquiries will be processed for the time needed to answer the questions and then for 3 years from sending the answer.
- Processing of claims related to the exercise of data subjects' rights under GDPR - Personal data processed in the processing of claims related to the exercise of data subjects' rights under GDPR shall be processed for the period necessary for processing the claim and subsequently for 4 years from the handling of the claim.
Access to personal data and categories of recipients of personal data
- In addition to the Controller and his employees, other persons who process personal data as intermediaries may have access to the processing of personal data.
- In addition to the Controller and his employees, other persons who process personal data as intermediaries may have access to personal data for marketing purposes. For example, it may be external companies that manage IT systems or provide other services related to the processing of personal data for marketing purposes that have been mandated in writing for that purpose.
- Personal data processed by the Controller may be transferred outside the European Economic Area if it is necessary for the delivery of the ordered goods, electronic content or service. If such a transfer of personal data occurs, we will ensure that such transfer takes place under the conditions and in the standard set by GDPR and the Data Protection Act.
The rights of the data subject when processing personal data
The data subject may exercise the following rights when processing personal data:
- the right of access and information to his personal data;
- the right to correct personal data;
- the right to delete personal data;
- the right to limit the processing of personal data;
- the right to transfer personal data;
- the right to object to the processing of personal data;
- the right to prohibit automated individual decision making, including profiling;
- the right to withdraw consent at any time (if consent is the legal basis for processing);
- the right to initiate proceedings to the supervisory authority, i.e. Office for Personal Data Protection of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27, Slovak Republic, contact: +421 2 3231 3214, e-mail: firstname.lastname@example.org.
- The data subject may exercise these rights in accordance with the Personal Data Protection Act and the GDPR, as well as other applicable legislation. The Controller shall provide comments and any information on the measures taken by the Controller as soon as possible, but not later than one month after receiving the request. In justified cases with regard to the complexity and number of requests, the Controller may extend this period by another two months, even repeatedly. The Controller shall inform the person concerned of any such extension within one month of receipt of the application, together with the reasons for the extension of the period.
- As a data subject, the Customer may assert his rights to the Controller by means of a written request at the address of Blue Religion: Klincová 37, 821 08 Bratislava or by electronic means at: email@example.com .
- The data subject may exercise the following rights when processing personal data:
Revocation of consent to the processing of personal data
- Consent to the processing of personal data is based on the principle of free will, i.e. the consent may be withdrawn at any time by e-mail sent to firstname.lastname@example.org giving the personal data of the data subject at least the name and surname, address of residence together with information that he does not want the Controller to process personal data (if the person concerned would be interested in receiving only selected offers, it is necessary to indicate which offers he/she is interested in so that the Controller could comply with the request).
- In the event that the Customer as a data subject has any questions or comments on the processing of personal data, the Customer may contact the Controller by e-mail at the following address: email@example.com.
- The current wording of Act no. 18/2018 on the protection of personal data and its amendments and is available to you via the link below: https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2018/18/20180525
- The current version of Regulation of the European Parliament and of the Council of the EU no. 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive No. 95/46 / EC (General Data Protection Regulation) is available at the following link: https://eur-lex.europa.eu/legal-content/SK/TXT/HTML/?uri=CELEX:32016R0679&from=SK
Article IX. Mutual and Final Provisions
- The Contract and all legal relations to which these Terms apply shall be governed by the laws of the Slovak Republic (unless the relevant EU Regulations and relevant International Treaties by which Slovak Republic is bound do not stipulate otherwise).
- Blue Religion is entitled at any time to unilaterally change these Terms, the new Terms being effective as of the moment of their publication on the e-shop.
- The Customer shall not be entitled to deduct any of his receivable claims against Blue Religion claims.
- Non-enforcing of any right or claim under these GTC by Blue Religion does not constitute a waiver or a resignation of such rights and Blue Religion is entitled to exercise any such right or claim at any time.
- Should any provisions of these Terms be invalid already at the time of their issue, or if they become invalid at a later date, this shall not affect the validity of the other provisions of the Terms. In place of invalid provisions of the Terms, the provisions of the Civil Code, Commercial Code, Copyright Act and other applicable legal regulations of the Slovak Republic, which are in content and purpose closest to the content and purpose to the Terms, shall apply.
- For the delivery of electronic messages (e-mail), the electronic document shall be deemed delivered by its delivery to the Customer's e-mail inbox. For the delivery of written documents, the document shall be deemed to have been delivered even if the addressee does not accept it, or even if the addressee does not accept it by his own fault or omission. In such a case, it shall be deemed to have been delivered by the expiry of the postal storage period as specified by the sender and the return of the document to the sender, to which the sender must provide proof. Notifications delivered via courier delivery will be deemed delivered upon receipt by the addressee. If delivery by courier service is unsuccessful, it shall be deemed to have been delivered on the third day after the first unsuccessful delivery attempt and the attempts of delivery will be proven by a courier service statement. Notwithstanding the above, the parties may also deliver any messages and information via e-shop (e.g. to account mailbox, by notifications, etc.) and such message or information is deemed to have been delivered at the moment of its demonstrable placement in the user account mailbox.