Legal notice
Definitions
Customer: any professional or natural person with legal capacity under Luxembourg civil law, or any legal entity, who visits the Site subject to these general terms and conditions.
Services: https://balkaniawear.com provides Customers with an online store offering fashion clothing and accessories.
Content: All elements constituting the information present on the Site, including texts, images, and videos.
Customer Information: Hereinafter referred to as "Information(s)", corresponding to all personal data that may be held by https://balkaniawear.comfor account management, customer relationship management, and for analysis and statistical purposes.
User: Any internet user connecting to and using the aforementioned site.
Personal Information: "Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies" in accordance with the General Data Protection Regulation (GDPR: No. 2016-679).
The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679).
1. General terms of use of the site and services offered.
The Site constitutes an intellectual work protected by the provisions of intellectual property law and applicable international regulations. The Customer may not in any way reuse, assign or exploit for their own account all or part of the elements or works of the Site.
The use of the website https://balkaniawear.comimplies full and unreserved acceptance of the general terms of use described below. These terms of use may be modified or supplemented at any time; users of https://balkaniawear.com are therefore invited to consult them regularly.
This website is normally accessible to users at all times. An interruption for technical maintenance purposes may however be decided by https://balkaniawear.com, which will endeavor to communicate the dates and times of the intervention to users in advance. The website https://balkaniawear.com is regularly updated by the responsible party at https://balkaniawear.com. Similarly, the legal notice may be modified at any time; it is nonetheless binding on the user, who is invited to refer to it as often as possible.
2. Description of services provided.
The website https://balkaniawear.com aims to provide information about all of the company's activities. https://balkaniawear.com endeavors to provide information on the site that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies or deficiencies in updates, whether caused by itself or by third-party partners who provide this information.
All information provided on https://balkaniawear.com is given for informational purposes only and is subject to change. Furthermore, the information on https://balkaniawear.com is not exhaustive and is provided subject to modifications made since it was published online.
3. Contractual limitations on technical data.
The site uses JavaScript technology. The website cannot be held responsible for material damage related to the use of the site. Furthermore, the user agrees to access the site using recent equipment, free of viruses, and with an up-to-date latest-generation browser.
The website https://balkaniawear.com is hosted by Shopify Inc., whose servers are located in Canada. Appropriate safeguards are in place in accordance with the requirements of the General Data Protection Regulation (GDPR: No. 2016-679) to govern data transfers outside the European Union.
The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, particularly for maintenance purposes, infrastructure improvements, infrastructure failures, or if the Services generate abnormal traffic.
https://balkaniawear.com and the host cannot be held responsible in the event of malfunction of the Internet network, telephone lines or computer and telephone equipment, particularly due to network congestion preventing access to the server.
4. Intellectual property and counterfeiting.
https://balkaniawear.com owns the intellectual property rights and holds the rights of use over all elements accessible on the website, including texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, by any means or process whatsoever, is prohibited without the prior written authorization of https://balkaniawear.com.
Any unauthorized use of the site or any of the elements it contains will be considered as an act of infringement and prosecuted in accordance with the legal provisions applicable in Luxembourg.
5. Limitations of liability.
https://balkaniawear.com acts as the publisher of the site and is responsible for the quality and accuracy of the Content it publishes.
https://balkaniawear.com cannot be held responsible for direct or indirect damage caused to the user's equipment when accessing the website https://balkaniawear.com, resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the occurrence of a bug or incompatibility.
https://balkaniawear.com cannot be held responsible for indirect damages resulting from the use of the site. Interactive spaces (the ability to ask questions in the contact section) are available to users. https://balkaniawear.comreserves the right to remove, without prior notice, any content posted in this space that violates applicable Luxembourg law. Where applicable, https://balkaniawear.com also reserves the right to pursue civil and/or criminal liability of the user, particularly in the case of racist, abusive, defamatory or pornographic messages, regardless of the medium used (text, photograph, etc.).
6. Personal data management.
The Customer is informed of the regulations concerning marketing communications and data protection, in particular the General Data Protection Regulation (GDPR: No. 2016-679).
6.1 Parties responsible for collecting personal data
For Personal Data collected in connection with the creation of the User's personal account and their browsing on the Site, the data controller is: Sanja Mitrevski. https://balkaniawear.com is represented by Sanja Mitrevski, its legal representative.
As the data controller for the data it collects, https://balkaniawear.com undertakes to comply with the applicable legal framework. Whenever https://balkaniawear.com processes Personal Data, https://balkaniawear.com takes all reasonable steps to ensure the accuracy and relevance of the Personal Data in relation to the purposes for which it is processed.
6.2 Purpose of data collected
https://balkaniawear.com may process all or part of the data:
- to enable browsing on the Site and the management and tracking of services and products ordered by the user: connection and site usage data, billing, order history, etc.
- to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed)
- to improve browsing on the Site: connection and usage data
- to conduct optional satisfaction surveys on https://balkaniawear.com: email address
- to conduct communication campaigns (SMS, email): phone number, email address
https://balkaniawear.com does not sell your personal data, which is therefore only used out of necessity or for statistical and analytical purposes.
6.3 Right of access, rectification and objection
In accordance with applicable European regulations, users of https://balkaniawear.comhave the following rights:
- right of access (Article 15 GDPR) and rectification (Article 16 GDPR), updating and completion of User data
- right to erasure of Users' personal data (Article 17 GDPR), when it is inaccurate, incomplete, ambiguous, outdated, or when its collection, use, communication or storage is prohibited
- right to withdraw consent at any time (Article 13-2c GDPR)
- right to restriction of processing of User data (Article 18 GDPR)
- right to object to the processing of User data (Article 21 GDPR)
- right to data portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- right to define what happens to User data after their death and to choose to whom https://balkaniawear.com must (or must not) communicate their data to a previously designated third party
As soon as https://balkaniawear.com becomes aware of the death of a User and in the absence of instructions from them, https://balkaniawear.comundertakes to destroy their data, unless its retention is necessary for evidentiary purposes or to comply with a legal obligation.
If the User wishes to know how https://balkaniawear.com uses their Personal Data, to request rectification or to object to its processing, the User may contact https://balkaniawear.com in writing at the following address:
contact@balkaniawear.com
In this case, the User must indicate the Personal Data they would like https://balkaniawear.com to correct, update or delete, clearly identifying themselves with a copy of a valid ID (identity card or passport).
Requests for deletion of Personal Data will be subject to the obligations imposed on https://balkaniawear.com by law, particularly regarding the retention or archiving of documents. Finally, users of https://balkaniawear.com may lodge a complaint with the National Commission for Data Protection (CNPD): https://cnpd.public.lu
6.4 Non-disclosure of personal data
https://balkaniawear.com undertakes not to process, host or transfer the Information collected from its Customers to a country outside the European Union or recognized as "inadequate" by the European Commission without first informing the customer, with the exception of transfers made to technical subcontractors such as Shopify Inc. (Canada), which provide sufficient guarantees with regard to the requirements of the GDPR (No. 2016-679), in particular through standard contractual clauses approved by the European Commission.
https://balkaniawear.com undertakes to take all necessary precautions to preserve the security of the Information and in particular to ensure that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of Customer Information comes to the attention of https://balkaniawear.com, it must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore, https://balkaniawear.com does not collect any "sensitive data".
Users' Personal Data may be processed by subsidiaries of https://balkaniawear.com and subcontractors (service providers), exclusively for the purposes set out in this policy.
Within the limits of their respective responsibilities and for the purposes mentioned above, the main persons likely to have access to the data of https://balkaniawear.com users are primarily our customer service agents.
7. Incident notification
Regardless of the efforts made, no method of transmission over the Internet and no method of electronic storage is completely secure. We therefore cannot guarantee absolute security. If we become aware of a security breach, we will notify the affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information of users of https://balkaniawear.com is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only in the event of an acquisition of https://balkaniawear.com and its rights would the said information be transmitted to the potential acquirer, who would in turn be bound by the same obligation of data retention and modification with respect to users of https://balkaniawear.com.
Security
To ensure the security and confidentiality of Personal Data, https://balkaniawear.com uses networks protected by standard security measures such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, https://balkaniawear.com takes all reasonable measures to protect it against any loss, misuse, unauthorized access, disclosure, alteration or destruction.
8. Hyperlinks, "cookies" and internet tags
The website https://balkaniawear.com contains a number of hyperlinks to other sites, set up with the authorization of https://balkaniawear.com. However, https://balkaniawear.com is not in a position to verify the content of the sites visited in this way and will therefore accept no responsibility in this regard.
In accordance with the GDPR, the placement of non-essential cookies is subject to your prior and explicit consent. You may modify your cookie preferences at any time via the cookie management banner available on the site.
8.1. "COOKIES"
A "cookie" is a small information file sent to the User's browser and stored within the User's device (e.g. computer, smartphone). This file includes information such as the User's domain name, the User's Internet service provider, the User's operating system, as well as the date and time of access. Cookies cannot under any circumstances damage the User's device.
https://balkaniawear.com may process information about the User's visit to the Site, such as pages viewed and searches performed. This information allows https://balkaniawear.com to improve the content of the Site and the User's browsing experience.
As cookies facilitate browsing and/or the provision of services offered by the Site, the User may configure their browser to decide whether or not to accept them, so that cookies are either stored on the device or, on the contrary, rejected, either systematically or depending on their source.
If the User refuses the storage of cookies on their device or browser, or if the User deletes those already stored, the User is informed that their browsing and experience on the Site may be limited.
By clicking on the social media icons for Facebook, Instagram and TikTok on the https://balkaniawear.com website, and if the User has consented to the placement of cookies, these platforms may also place cookies on your devices (computer, tablet, mobile phone). These cookies are only placed on your devices if you explicitly consent to them.
Article 8.2. INTERNET TAGS
https://balkaniawear.com may occasionally use internet tags (also known as "tags", action tags, single-pixel GIFs, transparent GIFs, invisible GIFs and one-to-one GIFs) and deploy them through a web analytics specialist partner that may be located (and therefore store the corresponding information, including the User's IP address) in a foreign country.
These tags are placed both in online advertisements allowing internet users to access the Site, and on the various pages of the Site.
This technology allows https://balkaniawear.comto evaluate visitor responses to the Site and the effectiveness of its actions, as well as the User's use of the Site.
9. Applicable law and jurisdiction.
Any dispute relating to the use of the website https://balkaniawear.com is subject to Luxembourg law.