Terms & Conditions
The General Terms and Conditions (hereinafter referred to as the “Terms”) of the Factumevent, Mitja Špes s.p. have been formed in compliance with consumer protection regulations, based on the recommendations of the Chamber of Commerce and Industry of Slovenia and international codes for virtual and electronic business.
The following Terms apply to the use of the Factumevent, Mitja Špes s.p., accessible via the direct link register.factumevent.com (hereinafter referred to as the “Online Reservation System”) as well as to the purchase contracts concluded at the Online Reservation System, and to all related services provided by us. Purchase contracts are an agreement between you (hereinafter referred to as “You” or “Customer”) and Factumevent, Mitja Špes s.p., who is also an e-commerce operator (hereinafter referred to as “Factumevent, Mitja Špes s.p.” or “Seller” or “We” or “Our”).
We reserve the right to modify and/or change these Terms from time to time, and your continued use of the Online Reservation System or any part thereof following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms, then you must immediately stop using the Online Reservation System.
AVAILABILITY OF INFORMATION
The Seller undertakes to always provide You with the following information:
Information on the identity of the merchant (in particular, the company and its registered office, as well as the company registration number);
contact information that allows the user to communicate quickly and effectively with the Seller (email address, telephone number);
information on the essential characteristics of the product or the services offered by the Online Reservation System, including post-sales services and guarantees;
information on the accessibility of products or services offered by the Online Reservation System (all items or services forming part of the Online Reservation System offer should be made accessible within a reasonable time limit);
the terms and conditions of registration process, the execution of services, in particular, the method, reservation confirmation and payment process;
- price information should be provided in a clear and unambiguous manner, clearly stating any additional fees;
- information on the payment;
- data on the validity of offers in the Online Reservation System;
- information on the user complaint procedure and contact details of the appropriate manager.
REGISTRATION AND PURCHASE PROCEDURE
Customers intending to place orders at the Online Reservation System can register or place the reservation as a guest. By registering in an Online Reservation System, You will acquire a user name that is identical to your email address and a user-defined password. The user name and the password are unambiguously determined and linked to the entered Customer’s information. By registering You certify and warrant that You are of age and that You possess the legal right to enter into binding contracts. By registering You become a user.
The personal data requested during the registration must be true and correct. In particular, the Customer may not enter any third-party data and in the event of any changes shall be under obligation to immediately update his or her personal data in the Online Reservation System.
Once the registration is placed, the Customer (buyer) receives an email notification from the Seller that the registration has been made. The Seller will then confirm or deny the Customer’s participation at the event. If denied, the Seller has no obligation towards Customer to explain why. If confirmed, payment process will be implemented (in case of payment with the online card system, the funds will be withdrawn from the Customer’s account; in case of direct payment method, the additional payment details will be provided in a separate email.
When fund Customer’s payment is received, the reservation is confirmed. This concludes the contract of sale between the Seller and the Customer. From now on, all the prices and other terms are fixed and apply to both, the Seller and the Customer. The Customer has access to the information on the status and content of the reservation. Upon receipt of the reservation, the Seller checks the reservation and the availability of the products ordered, and confirms the order or refuses it for a valid reason. At this point, the purchase agreement of the products ordered between the Seller and the Customer is irrevocably concluded.
The buyer is responsible to check the correctness of the information before placing the reservation. Subsequently placed objections regarding the correctness of the issued invoices will not be taken into account.
The payment for the purchase of the products from the Online Reservation System may be made by the payment service provider PayU, whereas PayU’s terms and conditions shall apply exclusively; the Customer must have a user account with the respective provider.
All prices in the Online Reservation System are listed in EUR and include VAT, unless explicitly stated otherwise. All prices are valid only for orders placed in the Online Reservation System. All prices apply at the time the order is placed and do not have a predefined validity; therefore they only apply to the respective changes.
Despite the Seller’s efforts to provide the most accurate information possible, it may be that the price information is incorrect. In this case the Seller agrees to allow the Customer to cancel the purchase and offer a solution that is beneficial to both parties.
RIGHT OF WITHDRAWAL
You have the right to withdraw from this agreement within 14 days without providing any reason. To exercise Your right to withdrawal, You must inform Us of Your decision to withdraw from this contract by an unequivocal statement (a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient to send the communication concerning Your exercise of the right to withdrawal to email@example.com before the withdrawal period has expired (name and date of the order included).
EFFECTS OF WITHDRAWAL
If You withdraw from this contract, We shall reimburse to You all payments received from You, without undue delay and in any event not later than 14 days from the day on which We are informed about Your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement.
The right of withdrawal within 14 days without providing any reason shall be applicable only to consumers (natural persons).
COMPLAINTS AND DISPUTES
The Seller follows the applicable consumer protection regulations. The Seller has an effective customer support system for resolving complaints and employs a person that can be contacted by Customer via e-mail in case any issues occur. In case of issues or a wish to appeal, the Customer can contact the Seller via the email address firstname.lastname@example.org. The complaint processing procedure is confidential.
The Seller will confirm that the complaint has been received within eight working days and the guarantee claim will be resolved within the statutory deadline. The Seller will strive to resolve any dispute under mutually agreed conditions. If a mutually agreed-upon solution cannot be reached, all disputes between the Seller and Customer will fall under the jurisdiction of the appropriate court.
These Terms and all disputes between the Seller and Customer fall under the jurisdiction of Slovenian law.
For all rights and obligations not specified under these Terms, provisions of the Code of Obligations, the Electronic Commerce Act, the Data Protection Act and the Consumer Protection Act shall apply.
OUT-OF COURT DISPUTE RESOLUTION
In accordance with legal norms, Factumevent, Mitja Špes s.p. does not recognize the authority of any out-of-court provider for settling disputes, launched by the Customer.
In the event that the Customer is not satisfied with the resolution of the complaint, they can, in accordance with applicable legislation, file to initiate the procedure of out-of-court settlement of a specific consumer dispute through the European Commission for Online Dispute Resolution. In accordance with regulation (EU) 524/2013, Factumevent, Mitja Špes s.p. is publishing a link to the European Commission for Online Dispute Resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
The Customer can also decide to file a lawsuit with the competent court according to the Customer permanent address.
LIMITATION OF LIABILITY
The Seller makes every effort to ensure that up-to-date and correct information appears in the Online Reservation System. Event properties or prices can change so rapidly that the Seller fails to correct the published data in a timely manner. In such case, the Seller will inform the Customer of the changes and allow the Customer to cancel the reservation of the event in question..
Although the Seller attempts to provide accurate images of the events in the Online Reservation System, all images should be considered symbolic. Images do not guarantee the properties of events featured.
In case you need any information or assistance with the online quotation, ordering, delivery, use of the Online Reservation System or return of goods, please do not hesitate to contact us at email@example.com.
- Personal data
Personal data is any information relating to a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- name and last name;
- phone number;
- data about the user’s usage of the provider’s website (IP address, dates and times of visits, visited pages or URLs, time spend on individual pages, the number of visited pages, total time spent on the website, etc.);
- data about all the user’s purchases and issued invoices (purchase date and place, purchased reservations, purchased reservation price, total purchase value, manner of payment, number and date of the invoice, etc.) and product reclamation record;
- information on your operating system, including language settings;
- your device type, screen resolution and browser version;
- other data that the user voluntarily provides to the data controller when they are required for specific services.
- Purposes and legal grounds for data processing
The data controller collects and processes your personal data on the basis of individual’s consent (order of products) or when there is legal basis for the collection of personal data, or the data controller has legitimate interest for such processing of personal data. All personal data you provide to us will be treated confidentially and will only be used for the purpose for which it was provided and collected.
By submitting a request or question on our website, you are deemed to consent to our response to your email address and to us providing you with the information regarding our products. You can always unsubscribe from our mailing list by sending an email at firstname.lastname@example.org.
In case we need to further process your personal data for any other purpose, we will contact you in advance and ask for your prior written consent.
2.1 Data processing based on law and contractual relations
Where ensuring personal data is a contractual obligation or an obligation required to conclude and perform a contract with the provider, or a legal obligation, you must provide personal data. If you do not provide personal data, you cannot enter into a contract with the provider, nor can the provider perform services under the contract, since the provider does not have the necessary data to execute the contract.
2.2 Data processing based on legitimate interest
The provider can process data on the basis of legitimate interest for which the provider is striving, provided that the interests or the fundamental rights and freedoms of the user are not overriding. Where using legitimate interest, the provider always makes a judgement in accordance with the General regulation on data processing.
- Contractual processing of personal data
The provider will not forward your personal data to unauthorized third parties.
The data controller may only share your personal data with third parties if it is strictly necessary to ensure compliance of the data controller’s business with laws and other legally binding acts, or if required by a competent state authority.
- Storing personal data
The provider will Online Reservation System your personal data only for the time necessary to realise the purpose for which the personal data was collected and further processed (e.g. for the provider’s fulfilment of your reservations, checking your payment and fulfilment of other obligations of the provider and/or yours, etc.).
The personal data that are being processed on a legal basis are stored by the provider for the time period defined by law.
The personal data that are being processed based on a contract with the provider for the duration of the contract and 5 years after its expiration, unless there has been a dispute about the contract between the user and the provider. In this case, the provider stores such data for 5 years after the finality of the court or arbitrary ruling or settlement or, if there was no judicial dispute, 5 years from the day of amicable settlement.
The provider stores the data that are processed based on personal consent or legitimate interest permanently, until the revocation of such consent or objection to data processing from the user. The provider deletes these data before objection only when the purpose of storing data had already been fulfilled or when defined by law.
After the end of the period of personal data being stored, the data controller effectively and permanently erases or anonymises the personal data so that they cannot be linked to an individual.
- Third-party websites
Our website may contain links to third-party websites. These websites have their own privacy policies for which the operator does not assume any liability.
- Rights of the individual regarding data processing
As an individual, you have the following rights regarding data processing, based on the General Data Protection Regulation (hereinafter referred to as “GDPR”):
The right to withdraw consent: If you have, as an individual, consented to the processing of personal data (for one or more purposes), you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
Consent can be withdrawn through a written statement that is sent to the provider to one of the contacts at the provider’s website register.factumevent.com. Withdrawal of consent for personal data processing has no negative consequences or sanctions for the individual. However, it is possible that the data controller may not be able to offer one or more of its services after the withdrawal of consent if those services cannot be performed without personal data.
The right to access personal data: As an individual, you have the right to obtain confirmation from the provider (processor of personal data) as to whether or not your personal data are being processed, and, where that is the case, access to the personal data and the following information: the purposes of the processing, the categories of personal data concerned, its users, the period for which the personal data will be stored, or the criteria used to determine that period, the right to request rectification or erasure of personal data or restriction of or objection to processing of personal data, the right to lodge a complaint with a supervisory authority, the source of the data if the data were not collected from you, the existence of automated decision-making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you, in accordance with Article 15 of the GDPR.
The right to rectify personal data: As an individual, you have the right to obtain from the provider without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
The right to deletion of personal data (“the right to be forgotten”): You have the right to obtain from the provider without undue delay the deletion of your personal data when one of the below reasons exists:
(i) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed,
(ii) you have withdrawn your consent, and there is no legal basis for further processing,
(ii) you have objected to the processing of your personal data, and there are no overriding legitimate grounds for the processing,
(iv) your personal data have been unlawfully processed,
(v) the personal data have to be erased for compliance with legal obligation in European Union or Member State law to which the provider is subject,
(vi) the personal data have been collected in relation to the offer of information society.
As an individual under certain circumstances, as defined in Article 17, paragraph 3 of the GDPR, you do not have the right to data deletion.
The right to restriction of processing: As an individual, you have the right to obtain from the provider the restriction of processing where one of the following applies:
(i) You contest the accuracy of the personal data for a period enabling the provider to verify the accuracy of the personal data,
(ii) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead,
(iii) the provider no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims,
(iv) you have objected to processing pending the verification whether the legitimate grounds of the provider override yours.
The right to data portability: You have the right to receive the personal data concerning you, which you have provided to the provider, in a structured, commonly used and machine-readable format and have the right to transmit those data to another data controller without hindrance from the provider to which the personal data have been provided, where:
(i) the processing is based on consent or on a contract; and
(ii) the processing is carried out by automated means.
In exercising your right to data portability, you have the right to have your personal data transmitted directly from one data controller (provider) to another, where technically feasible.
The right to object to data processing: As an individual, you have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the provider (Article 6 (1), point (e) of the GDPR), or when the processing is necessary for the purposes of the legitimate interests pursued by the provider or by a third party (Article 6 (1) point (f) of the GDPR), including profiling based on the data. The provider shall no longer process your personal data unless the provider demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. Where personal data are processed for direct marketing purposes, you have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing; where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes. Where data are processed for scientific or historical research purposes or statistical purposes, you have the right, on grounds relating to your particular situation, to object to processing of your data, unless it is necessary for the performance of a task carried out in the public interest.
The right to lodge a complaint with a supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes data protection regulations.
Without prejudice to any other administrative or non-judicial remedy, you have the right to an effective judicial remedy, against a legally binding decision of a supervisory authority concerning it, as well as where the supervisory authority which is competent does not handle a complaint or does not inform you within three months on the progress or outcome of the complaint lodged. Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established.
The individual may address all her or his requests regarding personal data in written form to the provider, through one of the contacts at the website register.factumevent.com.
In order to ensure reliable identification in case of a user exercising his or her rights regarding personal data, the provider may request additional data from the user and shall not refuse to act on the request of the individual, unless the provider demonstrates that it is not in a position to identify the user.
The provider must, by user’s request to exercise his or her rights in regards to data processing, provide information without undue delay and in any event within one month of receipt of the request.
- Cross-border data transfers
Within the scope of our information sharing activities, your personal data may be transferred to other countries (including countries outside the EEA) which may have different data protection standards from your country of residence. Please note that data processed in a foreign country may be subject to foreign laws and accessible to foreign governments, courts, law enforcement, and regulatory agencies. However, we will endeavour to take reasonable measures to maintain an adequate level of data protection when sharing your personal data with such countries.
In the case of a transfer outside of the EEA, this transfer is safeguarded by either Privacy Shield or EU Model Clauses. You can find further information about the aforementioned safeguards by contacting us via email to email@example.com.
- Contacting us
The information you provide when contacting us will be processed to handle your request and will be erased when your request is completed. Alternatively, we will restrict the processing of the respective information in accordance with statutory retention requirements.