Terms & Conditions

These Terms And Conditions May Change
We reserve the right to update or modify these terms and conditions at any time without prior notice.

Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on this website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services in this website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Orders And Payment

By completing the checkout process and placing an order by clicking the “Place Order” button on the checkout page, you are offering to purchase the products from the relevant designer (and not directly from us). All orders are subject to availability and confirmation of the order price, which is determined by the relevant designer. Legal title to the product purchased will pass to you upon your payment being accepted.

To order products you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order.

Festivalia.com functions through SSL which makes it a secure site to place an order via debit or credit card. All customer information will remain secure and confidential. We accept all major credit and debit cards (American Express, MasterCard, Visa, Visa Debit, Discover) and PayPal.

Copy And Trademarks
Festivalia and Festivalia.com are all property of Festivalia SARL, Rue de Lausanne 37, 1201 Geneva, Switzerland. All trademarks, images, graphics, text and other content are protected by worldwide copyright and other intellectual property laws, treaties and protections.

 

Data Privacy Policy
Your privacy is important to us. We treat it, and any information that you give to us, with as much care as possible. Please read the following policy to understand what we do with your information. Our website is a Swiss site and our privacy policy complies with the renewed data protection act 1998/2018 and relevant European data protection legislation. We are committed to protecting your privacy and honouring the integrity of your personal information. We do not sell or pass any information collected through this website to others except as disclosed in this privacy policy. If you have any requests concerning your personal information or any queries with regard to these practices please contact us by e-mail at info@festivalia.com

Background
FESTIVALIA Sarl. Understands that your privacy is important to you and that you care about how your personal data is used. [we] or [i] respect and value the privacy of everyone who visits this website, (“[our] or [my] site”) and will only collect and use personal data in ways that are described here, and in a way that is consistent with [our] or [my] obligations and your rights under the law.

Please read this privacy policy carefully and ensure that you understand it. Your acceptance of this privacy policy [is deemed to occur upon your first use of [our] or [my] site] and/or [you will be required to read and accept this privacy policy when signing up for an account]. If you do not accept and agree with this privacy policy, you must stop using [our] or [my] site immediately.

Definitions and interpretation
In this policy the following terms shall have the following meanings:

“account”Means an account required to access and/or use certain areas and features of [our] or [my] site;“cookie”Means a small text file placed on your computer or device by [our] or [my] site when you visit certain parts of [our] or [my] site and/or when you use certain features of [our] or [my] site. Details of the cookies used by [our] or [my] site are set out in part 14, below; and“cookie law”Means the relevant parts of the privacy and electronic communications (ec directive) regulations 2003;]

Information about [us] or [me]

[our] or [my] site is [owned and] operated by FESTIVALIA Sarl., a limited company [registered in Switzerland].

What does this policy cover?

This privacy policy applies only to your use of [our] or [my] site. [our] or [my] site may contain links to other websites. Please note that [we] or [i] have no control over how your data is collected, stored, or used by other websites and [we] or [i] advise you to check the privacy policies of any such websites before providing any data to them.

What is personal data?

Personal data is defined by the general data protection regulation (eu regulation 2016/679) (the “gdpr”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

What are my rights?

Under the gdpr, you have the following rights, which [we] or [i] will always work to uphold:

  1. The right to be informed about [our] or [my] collection and use of your personal data. This privacy policy should tell you everything you need to know, but you can always contact [us] or [me] to find out more or to ask any questions using the details in part 15.
  2. The right to access the personal data [we] or [i] hold about you. Part 13 will tell you how to do this.
  3. The right to have your personal data rectified if any of your personal data held by [us] or [me] is inaccurate or incomplete. Please contact [us] or [me] using the details in part 15 to find out more.
  4. The right to be forgotten, i.e. the right to ask [us] or [me] to delete or otherwise dispose of any of your personal data that [we] or [i] please contact [us] or [me] using the details in part 15 to find out more.
  5. The right to restrict (i.e. prevent) the processing of your personal data.
  6. The right to object to [us] or [me] using your personal data for a particular purpose or purposes.
  7. The right to data portability. This means that, if you have provided personal data to [us] or [me]directly, [we] or [i] am using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask [us] or [me] for a copy of that personal data to re-use with another service or business in many cases.
  8. Rights relating to automated decision-making and profiling. [[we] or [i] do not use your personal data in this way.]

For more information about [our] or [my] use of your personal data or exercising your rights as outlined above, please contact [us] or [me] using the details provided in part 15.

Further information about your rights can also be obtained from the information commissioner’s office or your local citizens advice bureau.

If you have any cause for complaint about [our] or [my] use of your personal data, you have the right to lodge a complaint with the information commissioner’s office.

What data do we collect?

Depending upon your use of [our] or [my] site, [we] or [i] may collect some or all of the following personal [and non-personal] data (please also see part 14 on [our] or [my] use of cookies and similar technologies

  • [name;]
  • [address;]
  • [email address;]
  • [telephone number;]
  • [business name;]
  • [payment information;]
  • [a list of urls starting with a referring site, your activity on [our] or [my]site, and the site you exit to;]

How do you use my personal data?

Under the gdpr, [we] or [i] must always have a lawful basis for using personal data. This may be because the data is necessary for [our] or [my] performance of a contract with you, because you have consented to [our] or [my] use of your personal data, or because it is in [our] or [my] legitimate business interests to use it. Your personal data [will] or [may] be used for [one of] the following purposes:

  • [providing and managing your account;]
  • [providing and managing your access to [our] or [my]site;]
  • [personalising and tailoring your experience on [our] or [my]site;]
  • [supplying [our] or [my][products] and/or [services] to you. Your personal details are required in order for [us] or [me] to enter into a contract with you.]
  • [personalising and tailoring [our] or [my][products] and/or [services] for you.]
  • [communicating with you. This may include responding to emails or calls from you.]
  • [supplying you with information by [email] and/or [post]that you have opted-in to (you may unsubscribe or opt-out at any time by unsubscribing from our emails).]
  • [analysing your use of [our] or [my]site [and gathering feedback] to enable [us] or [me] to continually improve [our] or [my] site and your user experience.]

[with your permission and/or where permitted by law, [we] or [i] may also use your personal data for marketing purposes, which may include contacting you by [email] and/or [telephone] and/or [text message] and/or [post] with information, news, and offers on [our] or [my] [products] and/or [services]. You will not be sent any unlawful marketing or spam. [we] or [i] will always work to fully protect your rights and comply with [our] or [my] obligations under the gdpr and the privacy and electronic communications (ec directive) regulations 2003, and you will always have the opportunity to opt-out.]

[[we] or [iuse the following automated system[s] for carrying out certain kinds of [decision-making] and/or [profiling]. If at any point you wish to query any action that [we] or [itake on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the gdpr gives you the right to do so. Please contact [us] or [meto find out more using the details in part 15.

How long will you keep my personal data?

[we] or [i] will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

  • We will keep opt-ed in data for email communication purposes until the user unsubscribes.

How and where do you store or transfer my personal data?

Your data will be fully protected under the gdpr.

Please contact [us] or [me] using the details below in part 15 for further information about the particular data protection mechanism used by [us] or [me] when transferring your personal data to a third country.

The security of your personal data is essential to [us] or [me], and to protect your data, [we] or [i]take a number of important measures.

Do you share my personal data?

[we] or [iwill not share any of your personal data with any third parties for any purposes, subject to one important exception.

In some limited circumstances, [we] or [i] may be legally required to share certain personal data, which might include yours, if [we are] or [i am] involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

How can I control my personal data?

In addition to your rights under the gdpr, set out in part 5, when you submit personal data via [our] or [my] site, you may be given options to restrict [our] or [my] use of your personal data. In particular, [we] or [i] aim to give you strong controls on [our] or [my] use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from [us] or [me]which you may do by unsubscribing using the links provided in [our] or [my] emails [and] or [,at the point of providing your details [and by managing your account]).

Can i withhold information?

You may access [certain areas of] [our] or [my] site without providing any personal data at all. [however, to use all features and functions available on [our] or [my] site you may be required to submit or allow for the collection of certain data.] You may restrict [our] or [my] use of cookies.

How can i access my personal data?

If you want to know what personal data [we] or [i] have about you, you can ask [us] or [me] for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in part 15. [to make this as easy as possible for you, a subject access request form is available for you to use. You do not have to use this form, but it is the easiest way to tell [us] or [me] everything [we] or [i] need to know to respond to your request as quickly as possible.]

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover [our] or [my] administrative costs in responding.

[we] or [i] will respond to your subject access request within [2 weeks and, in any case, not more than] one month of receiving it. Normally, [we] or [i] aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date [we] or [i]receive your request. You will be kept fully informed of [our] or [my] progress.

How do you use cookies?

[[our] or [my] site may place and access certain first-party cookies on your computer or device. First-party cookies are those placed directly by [us] or [me] and are used only by [us] or [me][we] or [i] use cookies to facilitate and improve your experience of [our] or [my] site and to provide and improve [our] or [my] [products] and/or [services][we] or [i] have carefully chosen these cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.

All cookies used by and on [our] or [my] site are used in accordance with current cookie law.

Before cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those cookies. By giving your consent to the placing of cookies you are enabling [us] or [me] to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of cookies; however certain features of [our] or [my] site may not function fully or as intended. [you will be given the opportunity to allow only first-party cookies and block third-party cookies.]

[certain features of [our] or [my] site depend on cookies to function. Cookie law deems these cookies to be “strictly necessary”. These cookies are shown in the table below. Your consent will not be sought to place these cookies, but it is still important that you are aware of them. You may still block these cookies by changing your internet browser’s settings as detailed below, but please be aware that [our] or [my] site may not work properly if you do so. [we] or [i] have taken great care to ensure that your privacy is not at risk by allowing them.]

The following first-party cookies may be placed on your computer or device:

Name of cookie Purpose Strictly necessary
Frontend Woocommerce platform session id Yes

[our] or [my] site uses analytics services provided by Google. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling [us] or [me] to better understand how [our] or [my] site is used. This, in turn, enables [us] or [me] to improve [our] or [my] site and the [products] and/or [services] offered through it.

The analytics service(s) used by [our] or [my] site use(s) cookies to gather the required information. You do not have to allow [us] or [me] to use these cookies, however whilst [our] or [my] use of them does not pose any risk to your privacy or your safe use of [our] or [my] site, it does enable [us] or [me]to continually improve [our] or [my] site,

In addition to the controls that [we] or [i] provide, you can choose to enable or disable cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third-party cookies. By default, most internet browsers accept cookies, but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

You can choose to delete cookies on your computer or device at any time, however you may lose any information that enables you to access our site more quickly and efficiently including, but not limited to, login and personalisation settings.

It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

How do i contact you?

To contact [us] or [me] about anything to do with your personal data and data protection, including to make a subject access request, please use the following email address: info@festivalia.com

Changes to this privacy policy

[we] or [i] may change this privacy notice from time to time. This may be necessary, for example, if the law changes, or if [we] or [i] change [our] or [my] business in a way that affects personal data protection.

Any changes will be immediately posted on [our] or [my] site and you will be deemed to have accepted the terms of the privacy policy on your first use of [our] or [my] site following the alterations. [we] or [i] recommend that you check this page regularly to keep up-to-date.

Changes to this privacy policy

[we] or [i] may change this privacy notice from time to time. This may be necessary, for example, if the law changes, or if [we] or [i] change [our] or [my] business in a way that affects personal data protection.

Any changes will be immediately posted on [our] or [my] site and you will be deemed to have accepted the terms of the privacy policy on your first use of [our] or [my] site following the alterations. [we] or [i] recommend that you check this page regularly to keep up-to-date.