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GDPR Privacy Policy

Effective date: May 7, 2019

Evanellion s.r.o. (“us”, “we”, or “our”) operates the https://evanellion.eu website (hereinafter referred to as the “Service”).

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://evanellion.eu

Definitions

  • ServiceService is the https://evanellion.eu website operated by Evanellion s.r.o.
  • Personal DataPersonal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
  • Usage DataUsage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • CookiesCookies are small files stored on your device (computer or mobile device).
  • Data ControllerData Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

    For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

  • Data Processors (or Service Providers)Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

    We may use the services of various Service Providers in order to process your data more effectively.

  • Data Subject (or User)Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Others

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.

Usage Information

We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

Evanellion s.r.o. uses the collected information for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Evanellion s.r.o. legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

Evanellion s.r.o. may process your Personal Data because:

  • We need to perform a contract with you
  • You have given us permission to do so
  • The processing is in our legitimate interests and it is not overridden by your rights
  • For payment processing purposes
  • To comply with the law

Retention of Data

Evanellion s.r.o. will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Evanellion s.r.o. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside Czechia and choose to provide information to us, please note that we transfer the data, including Personal Data, to Czechia and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Evanellion s.r.o. will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Disclosure for Law Enforcement

Under certain circumstances, Evanellion s.r.o. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Evanellion s.r.o. may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of Evanellion s.r.o.
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Evanellion s.r.o. aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

  • The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Evanellion s.r.o. relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics Providers

We may use third-party Service Providers to monitor and analyse the use of our Service.

  • Google AnalyticsGoogle Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

    You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Behavioral Remarketing

  • Google AdWordsGoogle AdWords remarketing service is provided by Google Inc.

    You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

    Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

  • FacebookFacebook remarketing service is provided by Facebook Inc.

    You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

    To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

    Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

    For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American
Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

  • By email: info@evanellion.eu

Terms and Conditions

  1. Preliminary Provisions

These Terms and Conditions govern the purchases of goods and services made via the e-shop located on the website www.evanellion.eu (E-shop), which is operated by Evanellion s.r.o., c.p. 61, 37384 Kvitkovice, Czech Rep., email: info@evanellion.eu, phone: +420 605 907 723. Business ID: 07117884 (Seller). Evanellion s.r.o. is registered in the Commercial Register kept by the Territorial Court in Ceske Budejovice, Section C, File Entry 27579.

All contractual relationships are entered into in accordance with the legal code of the Czech Republic, which complies with EU legislation. If the contracting party is an individual consumer, those relationships not covered by these Business Terms and Conditions are governed by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code), and Act No. 634/1992 Coll., the Consumer Protection Act, as amended. If, however, the contracting party is not a private consumer, all relationships that are not covered by these Business Terms and Conditions are governed by the Civil Code. By accepting these Business Terms and Conditions, the individual or entity expresses their consent with using means of remote communication.

  1. Definition of Other Basic Terms

  • Purchase Agreement For the purposes of these Business Terms and Conditions, the Purchase Agreement is understood to be either an agreement for the purchase of goods or an agreement for the provision of services.
  • Buyer Any e-shop customer who purchases the Seller’s Goods and/or Services.
  • Business Terms and Conditions These Business Terms and Conditions, always in the valid version published as of the day an Order is placed via the E-shop.
  • Order An order place by the Buyer via the Seller’s website.
  • Consumer A consumer is any individual enters into an agreement or otherwise deals with the business entity outside of the framework of business activities or the performance of their trade.
  • Goods Any of the tangible movable items offered for sale via the Seller’s E-shop, which the Seller sells to the Buyer
  • Services Any of the services, consisting primarily of account use, counselling etc.

  1. Purchase Agreement

3.1. Purchase Agreement originates at the time the Buyer places an Order: The Seller advertises Goods and Services on the E-shop website. A Purchase Agreement originates at the time the Buyer submits and pays for an Order. The Seller shall confirm the acceptance of the Order by means of a confirmation sent to the Buyer’s e-mail address as specified in the Order. The Purchase Agreement may be modified or cancelled on the basis of a mutual agreement between both parties or for legal reasons. The Buyer submits the order to the Seller by paying the order through PayPal.

3.2. The Buyer agrees that remote communication shall be used at the time the Purchase Agreement is made.

3.3. Binding Nature of the Business Terms and Conditions. The Buyer is bound by these Business Terms and Conditions immediately starting at the moment the completed Order is submitted. At the time the Purchase Agreement is made, the Buyer is always (re)acquainted with the valid version of the Business Terms and Conditions, and the Buyer must express their consent with the Business Terms and Conditions prior to submitting their Order. By confirming and submitting the Order, the Buyer declares that they are familiar with the valid Business Terms and Conditions.

3.4. Accounts. Creating an account during the ordering process is optional. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

  1. Rights Associated with Defective Performance

4.1. The rights and obligations of the contracting parties associated with defective performance are governed by the relevant generally binding legal regulations (particularly the provisions of Sections 1914 to 1925, Sections 2009 to 21117, and Section 2161 to 2174 of the Civil Code).

4.2. The Seller is liable to the Buyer that the item will be without any defects at the time it is handed over. In particular, the Seller is liable to the Buyer for the following at the time that the Buyer takes over the item:
– The Goods have the characteristics as agreed by the parties or, if no specific agreement was made, the item has the characteristics described by the Seller or those expected by the Buyer, taking into account the nature of the Goods, and on the basis of the advertisement of the Goods.
– The Goods are suitable for the purposes as specified by the Seller or for the purposes that the particular type of Goods is generally used.
– The Goods are provided in the appropriate (ordered) quantity and size.
– The Goods are in compliance with the requirements laid down in legal regulations.

4.3. If the item does not have the characteristics specified above, the Buyer has the right to request the delivery of a new defect-free item, under the condition that this expectation is reasonable taking into account the nature of the defect.

4.4. The Buyer shall exercise the rights associated with defective performance at the Seller’s email: info@evanellion.eu. The Buyer shall describe the nature of the defect supported by the photo evidence of the defect, and if not communicating from the same email address as the order was placed, also order ID. The Buyer may use the complaint form mentioned below, but the handling of the complaint by the Seller is not dependent on filling up this form.

Defective Performace Complaint:

To the Seller:
Evanellion s.r.o., c.p. 61, 37384 Kvitkovice, Company ID: 07117884, info@evanellion.eu

Identification of the Buyer:

  • date and ID of the purchase
  • defect description + photos of defect

4.5. Unless the Seller and the Buyer agree otherwise, the complaint, including any defects, will be processed without any undue delay within no more than thirty (30) calendar days of the date the complaint is lodged. The Seller shall confirm the date on which this right is exercised as well as the repairs that are made and the elapsed time in writing. The postage expended on delivery of a new defect-free item is paid by the Seller.

  1. Order Cancellation

The Seller reserves the right to refuse to accept or to cancel an Order or a part of an Order in the following situations:

  • The Goods are no longer produced or delivered;
  • The Service cannot be provided or the Goods cannot be delivered due to a force majeure event;
  • The customer has not paid the purchase price as specified on the Order;

If the full purchase price or any part thereof has already been paid, this amount will be refunded to the person who paid it.

  1. Purchase Price and Reservation of Ownership Rights

The current price of the Goods and Services, is always specified on the Seller’s website. The price of the Goods and Services specified on the Seller’s website on the day the Order is placed is always used to determine the final price of the Goods for the end-customer. In accordance with Section 2132 of the Civil Code, the Buyer acquires the ownership rights to the delivered goods only after the purchase price for the Goods has been paid in full.

  1. Payment Terms

The Seller reserves the right to change the price of the Goods and Services. The price valid at the time the Order is placed (i.e. the current price specified at that time on the Seller’s website) remains valid when the Purchase Agreement is made. The Buyer is obliged to pay the purchase price for the Goods.

  1. Payment Methods

The payment method options are as follows:

  • Electronic funds transfers using the Paypal payment system.

  1. Delivery Terms

9.1. Delivery Time-frame

The Goods will be shipped according to the availability of the product within the shortest possible time, generally within 2 working days.

9.2. Shipping Address

The shipping address is specified in the Order placed by the Buyer. The delivery will be considered to have been completed at the time the goods are delivered to the address specified in the Order. The Seller will ensure delivery to the specified address. The tax document (invoice) will be sent to the e-mail specified in the Order.

9.3. Transport of the Goods

The Seller arranges for the worldwide shipment of the goods. The packing and shipping costs are fully borne by the Buyer at flat rate of 8 EUR.

9.4. Transport methods:

  • Registered letter sent by Czech Post.

  1. Withdrawal from the Purchase Agreement

10.1. Order Cancellation

The Buyer and the end customer have the right to cancel the Order at any time prior to the shipment of the goods without any penalties applied by the Seller.

10.2. Buyer’s Revoking from a Purchase Agreement Entered into via Remote Communication

10.2.1 In accordance with Section 1829 (1) of the Civil Code, a Buyer may revoke without cause the Purchase Agreement within fourteen (14) days of the date the Goods are delivered and there will be no penalties applied. In such situations the Buyer shall contact the Seller via an e-mail sent to info@evanellion.eu, wherein the Buyer specifies that they are revoking from the Purchase Agreement, the Order number and the date of purchase.

10.2.2. For the purpose of revoking from the Purchase Agreement, the Buyer may also use the sample form provided by the Seller in accordance with Section 1820 (1)(f) of the Civil Code. The Buyer should send the completed sample form to the Seller’s e-mail info@evanellion.eu. Handling of the revoking by the Seller is not dependent on filling up this form.

Revoking of the Purchase Agreement within 14 days:

To the Seller:
Evanellion s.r.o., c.p. 61, 37384 Kvitkovice, Company ID: 07117884, info@evanellion.eu

Identification of the Buyer:

  • date and ID of the purchase
  • Specify whether you revoke from the whole purchase or just from a part

10.2.3. The provisions of Section 1829 (2) of the Civil Code may not however be considered as the possibility of a free loan of the Goods. If the Buyer exercises their right to revoke from the Purchase Agreement within fourteen (14) days of the date the Goods are delivered, the Buyer must return to the Seller everything that they obtained on the basis of the Purchase Agreement. The Buyer is obliged to send the Goods to the Sellers address. The Goods that the Buyer sends back to the Seller’s address must not show any sign of use, they must be undamaged and complete (including all accessories, the warranty certificate, instructions, etc.) with no safety seals broken. All the Goods that is sold by the Seller has a character of intimate products and after breaking the safety seals no revoking right can be exercised.

10.2.4. In the event of revoking from the Purchase Agreement takes place in accordance with Point 10.2. of these Terms and Conditions, the entire Purchase Agreement is cancelled from the beginning. The Goods must be returned to the Seller within fourteen (14) days from the date of revoking from the Purchase Agreement. If the Buyer revokes from the Purchase Agreement, the Buyer bears all of the costs associated with returning the goods to the Seller in accordance with Section 1820 (1)(g) of the Civil Code.

10.2.5. If the Buyer revokes from the Purchase Agreement, in accordance with Section 1832 (4) of the Civil Code, the Seller is not obliged to refund the received monies to the Consumer prior to the time that the Consumer returns the Goods to the Seller.

10.2.6. If the notice of revoking from the Purchase Agreement is not sent to the Seller within fourteen (14) days after the Goods delivery in accordance with Section 1818 of the Civil Code, the revoking from the Purchase Agreement is invalid.

10.2.7. If the Goods are returned to the Seller in a damaged or incomplete condition or with their value reduced in any other way, even as a result of standard use, the Seller has the right to request the Buyer for compensation for the decreased value of the returned Goods in accordance with Section 1833 of the Civil Code. This in no way affects the Buyer’s right to withdraw from the Purchase Agreement without any penalties. All the Goods that is sold by the Seller has a character of intimate products and after breaking the safety seals no revoking right can be exercised.

10.2.8. The Buyer can not withdraw from the purchase agreement concluded with the Seller in a distance manner, in accordance with Section 1837 of the Civil Code, especially if the Goods were delivered in a sealed package that the Consumer removed from the package and for hygienic reasons it can not be returned (Section 1837 (g) of the Civil Code).

10.3. In accordance with the provisions of Section 1837 of the Commercial Code, the Consumer does not have the right to withdraw from the Purchase Agreement in, amongst other cases, the following situation: The Goods were delivered in sealed packaging from which the Buyer removed the Goods and it is not possible to return the Goods for hygienic reasons.

  1. Warranty

The Seller provides a twenty-four (24) month warranty for the Goods sold via the E-shop whereby the warranty period starts at the time the Goods are taken over by the Buyer

  1. ODR

Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):

The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.

  1. Termination

13.1. We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

13.2. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13.3. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

13.4. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

13.5. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Concluding Provisions

All contractual relationships entered into by the Seller as the first party and the Buyer as the second party are governed by the legal code of the Czech Republic, these Terms and Conditions, an any other relevant regulations of the Seller with which the applicable person has expressed their consent. Should any of the provisions of these Business Terms and Conditions become invalid or unenforceable, this shall have no effect on the validity and enforceability of the remaining provisions contained in these Business Terms and Conditions.

These Terms and Conditions enter into force on 7th May 2019.